Major Updates to Florida’s Rulemaking Process – What You Need to Know

Effective July 1, 2025, Florida has significantly revised how state agencies develop and adopt regulations. These changes, enacted under Chapter 2025-189, Laws of Florida, aim to increase transparency, consistency, and public involvement in the rulemaking process. Below is a summary of key updates that may affect businesses, local governments, and other stakeholders.

1. Stricter Timelines for Rulemaking

Agencies must now:

• Publish a notice of rule development within 30 days after a new law requiring rulemaking takes effect.
• File a notice of proposed rule within 180 days of that notice, unless they publicly explain the delay and update it quarterly.
• Complete adoption of a rule within 90 days of the notice of proposed rule (with limited exceptions).

2. Enhanced Public Access and Participation

• Notices must include clear explanations, proposed rule numbers, and links to full draft texts and related documents.
• Agencies must offer more public workshops during rule development—especially if rules may have a significant cost or public impact.
• Agencies must now respond to written suggestions for lower-cost alternatives and provide them to the state’s Joint Administrative Procedures Committee.

3. Tighter Rules on Incorporating External Materials

Rules can only incorporate outside documents (like manuals or forms) by reference if:

• The materials are available online for free public access in a searchable format, or
• Copyright restrictions prevent online posting—but the materials must still be available for public review at agency offices.

4. Emergency Rules Get More Oversight

While agencies can still adopt emergency rules, these now:

• Expire in 90 days, unless rulemaking has started and ratification is pending.
• Must be published with clear justification and full text.
• Can only be renewed or extended under specific conditions.

5. Mandatory Review of Existing Rules

Every agency must:

• Review all existing rules adopted before July 1, 2025, by July 1, 2030.
• Review 20% of their rules annually until all are evaluated.
• Submit annual reports to the Legislature detailing any changes, repeals, or reasons for keeping rules unchanged.

6. New Requirements for Cost Analysis

Agencies must now use a standardized form to estimate regulatory costs. These estimates must:

• Assess impact on small businesses and local governments.
• Include costs like compliance, training, reporting, and potential market effects.
• Determine whether rules require legislative approval before taking effect.

What This Means for You:

If your organization is subject to regulation by a Florida agency—whether you're operating as a business, nonprofit, or government entity—recent changes affect the procedures for proposing, reviewing, and finalizing new rules. These updates give you more defined opportunities to provide input and offer greater transparency into each step of the rulemaking process. If you have questions or need assistance working with a Florida agency on a proposed rule, please contact Angelina M. Gonzalez at agonzalez@dickinson-wright.com.