Enhanced Biennial Rule Review
Section 120.74 of the Florida Statutes requires periodic reviews of agency rules and a report to the President of the Senate, the Speaker of House, and various committees including the Joint Administrative Procedures Committee. The statute requires the agency to perform a formal review every two years. The review must: 1) identify and correct deficiencies in rules; 2) clarify and simplify rules; 3) delete obsolete or unnecessary rules; 4) delete rules that are redundant of statutes; 5) seek to improve efficiency, reduce paperwork, or decrease costs to government and the private sector; and 6) address the other items listed in 120.74(1), F.S.
Revisions to the Administrative Procedures Act during the 2011 Legislative Session included a requirement in Section 120.745 that each agency complete an enhanced biennial review of its rules to determine if any rules need to be revised or repealed. The enhanced biennial review includes the required elements in Section 120.74, and also requires the identification of any rules that authorize the collection of revenues, or impose fees, tolls or taxes. The enhanced biennial review also must identify rules that require the collection of data. The report is to be submitted by the Chairman by December 1, 2011.
For additional information or questions contact:
Beth Nightingale, Legal Counsultant
Phone: (239) 938-1813