The 2010 Amendments to the APA: Legislature Overrides Veto of Law to Require Legislative Ratification of Million Dollar Rules

A legal firm called Smith & Associates is representing a client named John Doe in a court case against a big company. The company’s attorney, Jane Smith, is trying to delay the trial, but our lawyer, Sarah Johnson, is confident we will win. The case is about a product that caused harm, and we believe we have a strong argument. During the 2010 regular session, the Florida Legislature passed a bill called HB 1565, which made changes to the rules for government agencies. One big change was that rules with a big impact on businesses couldn’t take effect until the legislature approved them. The governor initially vetoed the bill, saying it would cause problems for businesses and the economy, but the legislature voted to override the veto. The bill also made changes to the requirements for agencies to estimate the costs of their proposed rules on small businesses and include an economic analysis in the estimate. HB 1565 changes the law to require the State Economic Review Commission to include an economic analysis in their review of proposed rules. If the analysis shows that a rule will have a major negative impact on the economy, businesses, or increase regulatory costs by more than $1 million, then the rule has to be approved by the state legislature before it can take effect. This rule doesn’t apply to emergency rules meant to address immediate dangers to public health, safety, or welfare. The bill makes it easier for emergency rules to stay in effect for longer periods of time and be renewed. It also speeds up the process for adopting federal standards. If an agency fails to prepare a required cost analysis or respond to a cheaper alternative, their rule could be declared invalid even if they try to argue against it. HB 1565 sets limits on when and how people can challenge rules made by government agencies. If a new rule increases costs, the agency has to revise a statement showing the costs. If someone suggests a cheaper option, the agency has to consider it and provide a new statement explaining any changes in costs. HB 1565 makes changes to the time limit for challenging rules after they’ve been prepared and made available. It also removes an exception for contracts in relation to challenging agency statements as rules. The bill also makes changes to the processing of license applications and allows agencies to set a time limit for submitting additional information, while also allowing for extensions if needed. HB 1565 is a new law that changes the rules for how agencies process applications and provide notice of their actions. It also requires certain rules to be approved by the legislature. The law was passed by the legislature and will go into effect soon. It was sponsored by Rep. Chris Dorworth and Sen. Mike Bennett, and contains provisions from a bill filed by Sen. Arthenia Joyner. The Florida Constitution gives the Legislature the power to make rules. The governor can veto bills related to rulemaking, but if the legislature votes to override the veto with a two-thirds majority, the bill becomes law. There have been several bills related to rulemaking that have been vetoed in the past. In 2010, a bill called HB 1565, which relates to rulemaking, was vetoed but later reenacted by the legislature. This bill made changes to the requirements for a Statement of Estimated Regulatory Costs (SERC) and also established new time periods for agencies to adopt rules. Another bill, Ch. 2010-279, made amendments to the Administrative Procedure Act, which affects the rulemaking process in the state of Florida. There are changes to laws and regulations in Florida, prompted by specific court cases and legislative actions. These changes affect things like the regulation of pain management clinics and the determination of wetland boundaries. The state is working to address concerns and make sure rules are properly approved by the legislature. A lawyer named Larry Sellers is part of a law firm in Tallahassee. He has expertise in government and administrative law. This information is from a column submitted by the Administrative Law Section. Some legislation has been filed about proposed rules needing approval from lawmakers.

Source: https://www.floridabar.org/the-florida-bar-journal/the-2010-amendments-to-the-apa-legislature-overrides-veto-of-law-to-require-legislative-ratification-of-million-dollar-rules/