288.7001 Small Business Regulatory Advisory Council.
288.7001 Small Business Regulatory Advisory Council.
(1) SHORT TITLE. This section may be cited as the “Small Business Regulatory Relief Act.”
(2) DEFINITIONS. As used in this section, the term:
(a) “Agency” means an agency as defined in s. 120.52.
(b) “Council” means the Small Business Regulatory Advisory Council.
(c) “Rule” means a rule as defined in s. 120.52.
(d) “Small business” means a small business as defined in s. 288.703.
(3) CREATION OF SMALL BUSINESS REGULATORY ADVISORY COUNCIL; MEMBERSHIP; POWERS AND DUTIES.
(a) The Small Business Regulatory Advisory Council is created. The council shall consist of nine members who are current or former small business owners, three appointed by the Governor, three appointed by the President of the Senate, and three appointed by the Speaker of the House of Representatives. The initial appointments to the council must be made within 60 days after the effective date of this act. The members shall be from different geographic regions of the state. Members shall serve 4-year terms; however, in order to establish staggered terms, for the initial appointments, each appointing official shall appoint one member to a 2-year term and two members to a 4-year term. A member shall not serve more than three consecutive terms. Members shall select the chairperson from among the members of the council. The council shall meet quarterly or upon the call of the chairperson. A majority of the members constitutes a quorum for the conduct of business. Members of the council shall serve without compensation. The appointing official may remove his or her appointee without cause at any time. A member whose term has expired shall continue to serve on the council until such time as a replacement is appointed. Vacancies shall be filled for the remainder of the term and by the original appointing official.
(b) The council is established, assigned to, and administratively housed within the Florida Small Business Development Center Network, which shall provide staff support to the council.
(c) The council may:
1. Provide agencies with recommendations regarding proposed rules or programs that may adversely affect small business;
2. Consider requests from small business owners to review rules or programs adopted by an agency;
3. Consider requests from small business owners to review small business owners’ private property rights related to rules or programs adopted or implemented by an agency; and
4. Review rules promulgated by an agency to determine whether a rule places an unnecessary burden on small business and make recommendations to the agency to mitigate the adverse effects.
(d) The council does not have authority to:
1. Initiate or intervene in any administrative or judicial proceeding; or
2. Issue subpoenas.
(e) The council shall prepare and submit a written annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives that describes the activities and recommendations of the council.
(4) PERIODIC REVIEW OF RULES.
(a) In coordination with the sunset review schedule provided in s. 11.905, the council may review rules of agencies subject to sunset review to determine whether the rules should be continued without change or should be amended or repealed to reduce the impact of the rules on small businesses, subject to the requirement that the recommendations of the council must be feasible and consistent with the stated objectives of the rules.
(b) In reviewing agency rules to reduce the impact on small businesses, the council, in coordination with the agency, shall consider the following factors:
1. Continued need for the rule;
2. The nature of complaints or comments received from the public concerning the rule;
3. The complexity of the rule;
4. The extent to which the rule overlaps, duplicates, or conflicts with other federal, state, and local government rules; and
5. The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the topical area affected by the rule.
(c) Within 6 months after the agency report is submitted to the Joint Legislative Sunset Committee pursuant to s. 11.907, the council shall provide a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Joint Legislative Sunset Committee that includes recommendations and evaluations of agency rules and programs regarding regulatory fairness for small businesses. A component of the report shall be a rating system, developed by the council, entitled “Small Business Friendliness and Development Scorecard.”
History. s. 2, ch. 2008-149.