HB 7183--Administrative Procedures.

This bill revises provisions in the Administrative Procedure Act (APA), codified in Ch. 120, relating to unadopted agency rules. The bill creates incentives for agencies to adopt rules and for affected persons to challenge unadopted rules by creating requirements for agency adoption of policy statements as rules and bolstering the ability of the Joint Administrative Procedures Committee to examine unadopted agency rules and modifies provisions relating to the award of costs and fees in rule challenges. The bill also modifies provisions of the APA concerning the incorporation by reference of materials into agency rules. In addition to technical or administrative refinements, the bill provides definitions of the terms "law implemented" and "rulemaking authority." It provides additional requirements for the use of material that is being incorporated by reference in rules. It requires electronic publication of the Florida Administrative Code (FAC), and provides for material incorporated by reference to be filed in electronic form, unless doing so would constitute a violation of federal copyright law. The bill provides that if an agency head is a board or other collegial body, then the agency head may not delegate the responsibility to conduct requested public hearings. It provides an award of attorney's fees to the petitioner in an unadopted rule challenge if, prior to the final hearing, the agency initiates rulemaking and the agency knew or should have known that the agency statement was an unadopted rule. Finally, it provides the granting of a stay in an unadopted rule challenge when certain conditions are met. If approved by the governor, these provisions take effect July 1, 2007.