Agency Rulemaking Petition - Florida

AGENCY RULEMAKING PETITION — FLORIDA

Florida Administrative Procedure Act

Fla. Stat. § 120.54(7)

PART ONE: COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[________________________________]
[Agency Clerk / Agency Head]
[________________________________]
[Agency Street Address]
[________________________________]
[City, Florida, ZIP Code]

Re: Petition to Initiate Rulemaking Under Fla. Stat. § 120.54(7)
Subject: Request to [Adopt / Amend / Repeal] Rule(s) Concerning [________________________________]

Dear [________________________________] [Agency Head / Secretary / Director]:

Enclosed please find the formal Petition to Initiate Rulemaking submitted pursuant to Section 120.54(7), Florida Statutes, requesting that [________________________________] [Agency Name] initiate rulemaking proceedings to [adopt / amend / repeal] rules pertaining to [________________________________] [subject matter].

The undersigned petitioner is [a person regulated by the agency / a person having a substantial interest in an agency rule] as required by statute. We respectfully request that the agency act upon this petition within thirty (30) calendar days as required by law.

This petition includes the following:

☐ Formal Petition for Rulemaking
☐ Statement of Petitioner's Interest and Standing
☐ Proposed Rule Text
☐ Statement of Need and Basis
☐ Legal Authority Analysis
☐ Impact Analysis (including Statement of Estimated Regulatory Costs)
☐ Supporting Evidence and Exhibits

Please acknowledge receipt of this petition. I am available to discuss the petition at your convenience.

Respectfully submitted,

[________________________________]
[Petitioner Name]
[________________________________]
[Title / Position]
[________________________________]
[Organization / Entity]
[________________________________]
[Street Address]
[________________________________]
[City, Florida, ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

PART TWO: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________] [AGENCY NAME]

PETITION TO INITIATE RULEMAKING

Petition Filed Pursuant to Section 120.54(7), Florida Statutes

I. PETITIONER INFORMATION

Petitioner Name: [________________________________]

Organization / Entity: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney (if represented): [________________________________]

Florida Bar Number: [________________________________]

II. STANDING AND INTEREST OF PETITIONER

Under Fla. Stat. § 120.54(7), any person regulated by an agency or having substantial interest in an agency rule may petition an agency to adopt, amend, or repeal a rule or to provide the minimum public information required by Chapter 120.

Basis for Standing (select applicable):

☐ Regulated Person — Petitioner is regulated by the agency as follows:
[________________________________]
[________________________________]

☐ Substantial Interest — Petitioner has a substantial interest in the agency rule as follows:
[________________________________]
[________________________________]

Nature of Petitioner's Interest:

[________________________________]
[________________________________]
[________________________________]

How Petitioner Is Affected:

[________________________________]
[________________________________]
[________________________________]

III. RELIEF REQUESTED

Petitioner respectfully requests that [________________________________] [Agency Name] initiate rulemaking proceedings to:

☐ Adopt a new rule concerning [________________________________]
☐ Amend existing rule(s): [________________________________] [Florida Administrative Code Citation(s)]
☐ Repeal existing rule(s): [________________________________] [Florida Administrative Code Citation(s)]
☐ Provide minimum public information required by Chapter 120, Florida Statutes

Specify the Proposed Rule and Action Requested (required by § 120.54(7)):

[________________________________]
[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND BASIS

A. Problem Description

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Current Regulatory Framework

[________________________________]
[________________________________]
[________________________________]

C. Deficiencies in Current Rule(s)

[________________________________]
[________________________________]
[________________________________]

D. How the Proposed Rule Addresses the Problem

[________________________________]
[________________________________]
[________________________________]

E. Rulemaking Authority and Law Implemented

Rulemaking Authority: [________________________________] [Florida Statute citation(s)]

Law Implemented: [________________________________] [Florida Statute citation(s)]

V. PROPOSED RULE TEXT

Current Rule (if amending or repealing):

Florida Administrative Code Rule [____]-[____].[____]
[________________________________]
[Insert current rule text, if applicable]

Proposed New or Amended Text:

[________________________________]
[Insert proposed rule language]
[Use strikethrough for deletions and underline for additions if amending]

Alternative Language (if any):

[________________________________]

VI. LEGAL AUTHORITY ANALYSIS

A. Agency's Rulemaking Authority

Florida law distinguishes between "rulemaking authority" (the statutory grant of power to adopt rules) and "law implemented" (the specific law the agency is interpreting through rulemaking).

B. Consistency with Florida Statutes

[________________________________]
[________________________________]
[________________________________]

C. The Proposed Rule Does Not Exceed the Agency's Grant of Rulemaking Authority

Under Fla. Stat. § 120.52(8), a rule is an "invalid exercise of delegated legislative authority" if it enlarges, modifies, or contravenes the specific provisions of law implemented. Petitioner asserts that the proposed rule:

[________________________________]
[________________________________]

D. Federal Preemption Analysis (if applicable)

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Statement of Estimated Regulatory Costs (SERC)

Under Fla. Stat. § 120.541, agencies must prepare a Statement of Estimated Regulatory Costs prior to adopting, amending, or repealing any rule. Petitioner provides the following preliminary assessment to assist the agency:

Direct Costs to Regulated Persons:
[________________________________]
[________________________________]

Direct Costs to the Agency:
[________________________________]
[________________________________]

Impact on Small Businesses (as defined in Fla. Stat. § 288.703):
[________________________________]
[________________________________]

Impact on Small Counties and Small Cities:
[________________________________]
[________________________________]

Transactional Costs to Individuals and Entities:
[________________________________]
[________________________________]

B. Cost-Benefit Summary

C. Lower-Cost Regulatory Alternatives

Under Fla. Stat. § 120.541(1)(a), if the SERC exceeds certain thresholds, the agency must consider lower-cost regulatory alternatives. Petitioner notes:

[________________________________]
[________________________________]

D. Environmental and Public Health Impact

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

X. PETITIONER'S REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] [Agency Name]:

1. Acknowledge receipt of this petition;

2. Within thirty (30) calendar days following the date of filing, as required by Fla. Stat. § 120.54(7)(a), either:
   (a) Initiate rulemaking proceedings under Fla. Stat. § 120.54; or
   (b) Otherwise comply with the requested action; or
   (c) Deny the petition in writing, stating the reasons for denial;

3. If the petition is denied, publish the denial in the Florida Administrative Register as required;

4. If rulemaking proceedings are initiated, follow the notice and comment procedures required under Fla. Stat. § 120.54;

5. Provide the petitioner with copies of all notices, decisions, and communications related to this petition.

XI. SPECIAL PROVISION — UNADOPTED RULES

(Complete this section only if the petition is directed at an unadopted rule or agency statement that meets the definition of a "rule" under Fla. Stat. § 120.52(16))

If this petition is directed to an unadopted rule, under Fla. Stat. § 120.54(7)(b), the agency must, not later than 30 days following the date of filing:

☐ Initiate rulemaking; or
☐ Publish notice in the Florida Administrative Register that the agency will hold a public hearing within 30 days after publication to consider public comments on the unadopted rule

Description of Unadopted Rule:
[________________________________]
[________________________________]

How the Unadopted Rule Meets the Definition of "Rule" Under § 120.52(16):
[________________________________]
[________________________________]

XII. VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the statements contained in this petition are true and correct to the best of my knowledge and belief. I further certify that I am a person regulated by the agency or a person having substantial interest in the agency rule as required by Fla. Stat. § 120.54(7).

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

PART THREE: FILING INSTRUCTIONS

Florida-Specific Procedural Requirements

A. Who May Petition

Under Fla. Stat. § 120.54(7), the following persons may petition:

• Any person regulated by the agency; or
• Any person having substantial interest in an agency rule

This is a narrower standing requirement than many states. The petitioner must demonstrate a direct connection to the agency's regulatory authority.

B. Required Contents

The petition must specify the proposed rule and action requested. Under § 120.54(7), the petition is required to:

☐ Identify the petitioner and basis for standing
☐ Specify the proposed rule (adoption, amendment, or repeal)
☐ Describe the action requested with specificity
☐ Include proposed rule text or description of desired change

C. Where to File

File the petition with the agency that has jurisdiction:

☐ File with the agency clerk or head of the agency
☐ Check if the agency has an online filing portal
☐ File during regular business hours
☐ Retain proof of filing (date-stamped copy, certified mail receipt, electronic confirmation)

D. Filing Fee

☐ Most Florida agencies do not charge a fee for rulemaking petitions
☐ Confirm with the specific agency whether a filing fee applies

E. Service Requirements

☐ File with the agency
☐ Consider sending a courtesy copy to the Joint Administrative Procedures Committee (JAPC)
☐ Consider notifying known affected parties

PART FOUR: AGENCY RESPONSE REQUIREMENTS

Timeline Under Fla. Stat. § 120.54(7)

Not later than 30 calendar days following the date of filing, the agency must:

Option 1: Initiate Rulemaking

• Begin rulemaking proceedings under Fla. Stat. § 120.54
• Publish notice of proposed rulemaking in the Florida Administrative Register (FAR)
• Provide at least 21 days' notice before adopting a rule
• Prepare a Statement of Estimated Regulatory Costs (SERC) if required

Option 2: Otherwise Comply with the Requested Action

• Take the action requested by the petitioner without formal rulemaking (if appropriate)

Option 3: Deny the Petition

• Deny the petition in writing, stating the reasons for denial
• The denial constitutes agency action under Fla. Stat. § 120.52(2)
• Publish notice of the denial in the Florida Administrative Register

Special Rule for Unadopted Rules (§ 120.54(7)(b))

If the petition is directed at an unadopted rule:

• The agency must, within 30 days, either initiate rulemaking or publish notice of a public hearing
• The public hearing must be held within 30 days after publication of the notice
• The hearing is specifically for public comments on the unadopted rule

Role of JAPC

The Joint Administrative Procedures Committee (JAPC) monitors agency rulemaking and reviews proposed rules to ensure they are within the statutory authority granted by the Legislature. JAPC may provide comments or objections during the rulemaking process.

If the Agency Initiates Rulemaking

The full Florida rulemaking process under Fla. Stat. § 120.54 includes:

☐ Publication of notice in the Florida Administrative Register (FAR)
☐ At least 21 days between notice and rule adoption
☐ Opportunity for public hearing (required if requested by affected person, governmental agency, or JAPC)
☐ Preparation of SERC (when rule impacts exceed thresholds)
☐ Review by JAPC
☐ Filing of the adopted rule with the Department of State
☐ Publication in the Florida Administrative Code (FAC)

PART FIVE: APPEAL OF DENIAL

Challenging an Agency Denial

An agency's denial of a petition under § 120.54(7) constitutes "agency action" under Fla. Stat. § 120.52(2). This means the denial is subject to challenge and judicial review.

A. Administrative Challenge

☐ Rule Challenge (Fla. Stat. § 120.56): If the denial effectively perpetuates an invalid or unauthorized existing rule, the petitioner may file a rule challenge with the Division of Administrative Hearings (DOAH).

☐ Challenge to Unadopted Rules (Fla. Stat. § 120.56(4)): If the agency is applying an unadopted rule, any person substantially affected may seek an administrative determination that the agency statement violates § 120.54(1)(a).

B. Judicial Review (Fla. Stat. § 120.68)

A party who is adversely affected by final agency action may seek judicial review by filing a petition in the District Court of Appeal in the appellate district where the agency maintains its headquarters, or where a party resides, within 30 days of rendition of the final agency action.

Standard of Review:

• The court shall set aside agency action if it finds that the action:
• Violates constitutional or statutory provisions
• Exceeds the agency's statutory authority
• Was made upon unlawful procedure
• Is not supported by competent substantial evidence
• Is arbitrary or capricious

C. Attorney's Fees

Under Fla. Stat. § 120.595, if a court or administrative law judge determines that an agency's refusal to adopt a rule was a violation of § 120.54(7), the agency may be required to pay reasonable costs and attorney's fees to the petitioner.

PART SIX: DOCUMENT CHECKLIST

Before Filing — Confirm Completion of All Items

☐ Confirmed standing as a regulated person or person with substantial interest
☐ Completed all sections of the petition with accurate information
☐ Specified the proposed rule and action requested as required by § 120.54(7)
☐ Drafted proposed rule text in proper format
☐ Included statement of petitioner's standing and interest
☐ Provided legal authority analysis with rulemaking authority and law implemented
☐ Prepared impact analysis including preliminary SERC information
☐ Addressed unadopted rule provisions (if applicable)
☐ Gathered and attached all supporting exhibits
☐ Proofread the petition for accuracy and completeness
☐ Obtained attorney review (recommended)
☐ Prepared copies for filing and records
☐ Arranged for proper filing and proof of delivery
☐ Calendared the 30-day deadline for agency response
☐ Retained a complete copy of the petition and all exhibits

PART SEVEN: PRACTICE TIPS FOR FLORIDA

Strategic Considerations

1. Establish Standing Clearly. Florida requires that the petitioner be either regulated by the agency or have a substantial interest in the rule. Document this standing thoroughly in the petition, as it may be challenged.

2. Be Specific About the Rule. The statute requires the petition to "specify the proposed rule and action requested." Vague petitions may be denied on procedural grounds. Provide actual proposed rule language in proper Florida Administrative Code format.

3. Know the Unadopted Rule Provisions. If an agency is applying a policy, memorandum, or guideline that meets the definition of a "rule" under § 120.52(16) but has not been formally adopted, § 120.54(7)(b) provides a powerful mechanism to force rulemaking or a public hearing.

4. Understand DOAH's Role. The Division of Administrative Hearings (DOAH) is the forum for rule challenges under § 120.56. If the petition is denied and the denial perpetuates an invalid rule, a DOAH challenge may be the appropriate remedy.

5. Monitor the Florida Administrative Register. All proposed rules and rulemaking actions are published in the Florida Administrative Register (FAR), available at https://www.flrules.org. Monitor it for the agency's response to your petition.

6. JAPC as an Ally. The Joint Administrative Procedures Committee reviews proposed rules for compliance with statutory authority. If the agency initiates rulemaking, consider engaging JAPC to support the proposed rule.

7. Consider Attorney's Fees. Under § 120.595, if the agency's refusal to adopt a rule violates § 120.54(7), the petitioner may recover attorney's fees and costs. This provides financial incentive and leverage.

8. Address the SERC Proactively. The Statement of Estimated Regulatory Costs is a significant component of Florida rulemaking. Include cost-benefit data in the petition to ease the agency's regulatory burden and demonstrate the proposal is cost-effective.

9. Economic Analysis Thresholds. Under § 120.541, if the SERC indicates the proposed rule will have an adverse impact exceeding $200,000 in the first year, the agency must consider less costly alternatives or ratify the rule through the Legislature.

10. Public Participation. Florida provides robust public participation rights in rulemaking. If the petition is granted, prepare to participate in the notice-and-comment process and request a public hearing if needed.

SOURCES AND REFERENCES

• Florida Statutes, Chapter 120 — Administrative Procedure Act
• § 120.52: Definitions
• § 120.54: Rulemaking
• § 120.54(7): Petition to initiate rulemaking
• § 120.541: Statement of Estimated Regulatory Costs
• § 120.56: Challenges to proposed rules and existing rules
• § 120.57: Hearings
• § 120.595: Attorney's fees
• § 120.68: Judicial review
• Florida Administrative Register (FAR): https://www.flrules.org
• Florida Administrative Code (FAC): https://www.flrules.org/default.asp
• Joint Administrative Procedures Committee (JAPC): https://www.japc.state.fl.us
• Division of Administrative Hearings (DOAH): https://www.doah.state.fl.us
• JAPC Pocket Guide to Florida's APA: https://www.japc.state.fl.us/Documents/Publications/PocketGuideFloridaAPA.pdf

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Florida before filing a petition for rulemaking. Statutory citations are current as of the last updated date but should be independently verified.