SB 448 Florida Senate · 2025 Regular Session

Administrative Procedure

Summary

Administrative Procedure; Specifying that an agency’s issuance of a guidance document or other statement interpreting a statute without express statutory delegation to issue such guidance is an invalid exercise of delegated legislative authority; prohibiting an agency from adopting a rule or issuing a guidance document without statutory delegation; requiring an agency to conduct retrospective cost-benefit analyses and assessment reports for certain rules, subject to certain requirements; requiring that additional information be published in the Florida Administrative Code, etc.

Bill status died 1 of 4 stages cleared

Introduction

Mar 2025

Committee Review

Floor Vote

Governor

Introduced Mar 4, 2025 Last action Jun 16, 2025

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What changed between versions

S 448 Filed → S 448 c1 · 7 edits

MODERATE

This bill strengthens Florida's administrative procedure law by requiring agencies to have explicit statutory authority before issuing rules or guidance documents, mandating detailed cost-benefit analyses for all rules, and establishing retrospective reviews to assess rule effectiveness after four and eight years. The changes aim to reduce regulatory burden, increase transparency, and ensure agencies only exercise powers clearly granted by the Legislature.

Scope change

The bill expands the scope of agency accountability by applying new cost-analysis requirements to all rules (not just those affecting small business) and extending challenge procedures to include failures to conduct required cost-benefit analyses.

REQUIREMENT

Requires agencies to prepare cost-benefit statements for ALL proposed rules, not just those with adverse impacts on small business or costs exceeding $200,000.

Mandates retrospective cost-benefit analysis 4 years after rule adoption and retrospective assessment reports 8 years after adoption.

Requires all documentation, assumptions, methods, and data used in cost estimates to be published online in machine-readable format for public replication.

Extends rule expiration requirements to include additional publication requirements and readoption processes.

DEFINITION

Adds 'guidance document without express statutory delegation' as an invalid exercise of delegated legislative authority.

ENFORCEMENT

Allows challenges to rules based on failure to comply with cost-benefit analysis requirements, with automatic invalidity if agency materially fails to comply.

TIMELINE

Requires Administrative Procedures Committee to set review schedules for existing rules, with reviews beginning between July 1, 2027 and July 1, 2037.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 12, 2025

Upper · Passed

Pending reference review under Rule 4.7(2) - (Committee Substitute)

upper

Mar 6, 2025

Upper · Passed

On Committee agenda-- Governmental Oversight and Accountability, 03/11/25, 1:30 pm, 110 Senate Building

upper

Mar 4, 2025

Introduced

upper

Feb 10, 2025

Committee

Referred to Governmental Oversight and Accountability; Judiciary; Rules

upper

1 primary · 0 co-sponsors