Florida Senate - 2020                                    SB 1238
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01237-20                                           20201238__
    1                        A bill to be entitled                      
    2         An act relating to regulatory reform; creating s.
    3         14.35, F.S.; establishing the Red Tape Reduction
    4         Advisory Council within the Executive Office of the
    5         Governor; providing for membership and terms;
    6         providing for meetings and organization of the
    7         council; specifying that members serve without
    8         compensation; authorizing reimbursement for per diem
    9         and travel expenses; specifying required activities of
   10         the council; requiring an annual report; amending s.
   11         120.52, F.S.; providing definitions; amending s.
   12         120.54, F.S.; requiring an agency adopting a rule to
   13         submit a rule replacement request to the
   14         Administrative Procedures Committee; requiring a rule
   15         development or adoption notice to include a rule
   16         proposed for repeal, if necessary to maintain the
   17         regulatory baseline; providing that a rule repeal
   18         necessary to maintain the regulatory baseline is
   19         effective at the same time as the proposed rule;
   20         amending s. 120.545, F.S.; requiring the committee to
   21         examine rule replacement requests and existing rules;
   22         requiring the committee to determine whether a rule
   23         replacement request complies with certain requirements
   24         and whether adoption of a rule, other than an
   25         emergency rule, will exceed the regulatory baseline;
   26         creating s. 120.546, F.S.; requiring the
   27         Administrative Procedures Committee to establish a
   28         regulatory baseline of agency rules; providing that a
   29         proposed rule may not cause the total number of rules
   30         to exceed the regulatory baseline; requiring an agency
   31         proposing a rule to submit a rule replacement request
   32         to the committee; authorizing an agency to request an
   33         exemption; prohibiting the committee from approving
   34         exemption requests or certain rule replacement
   35         requests until certain conditions are met; requiring
   36         an annual report; amending s. 120.55, F.S.; requiring
   37         the inclusion of certain information and a specified
   38         report in the Florida Administrative Code; amending s.
   39         120.74, F.S.; requiring an agency regulatory plan to
   40         include identification of certain rules; conforming a
   41         cross-reference; amending ss. 120.80, 120.81,
   42         420.9072, 420.9075, and 443.091, F.S.; conforming
   43         cross-references; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 14.35, Florida Statutes, is created to
   48  read:
   49         14.35Red Tape Reduction Advisory Council.—
   50         (1)ESTABLISHMENT OF THE COUNCIL.—
   51         (a)The Red Tape Reduction Advisory Council, an advisory
   52  council as defined in s. 20.03, is established and
   53  administratively housed within the Executive Office of the
   54  Governor.
   55         (b)The council shall consist of the following nine
   56  members, who must be residents of the state:
   57         1.Five members appointed by the Governor.
   58         2.Two members appointed by the President of the Senate.
   59         3.Two members appointed by the Speaker of the House of
   60  Representatives.
   61         (c)Each member shall be appointed to a 4-year term.
   62  However, for the purpose of achieving staggered terms, the
   63  members initially appointed by the Governor shall each serve a
   64  2-year term. All subsequent appointments shall be for 4-year
   65  terms. A vacancy shall be filled in the same manner as the
   66  original appointment for the remainder of the unexpired term. A
   67  member may be reappointed, except that a member may not serve
   68  more than 8 consecutive years.
   69         (2)MEETINGS; ORGANIZATION.—
   70         (a)The members shall elect a chair and a vice chair at the
   71  first meeting of the council.
   72         (b)The first meeting of the council shall be held by
   73  August 1, 2020. Thereafter, the council shall meet at the call
   74  of the chair at least once per quarter, per calendar year.
   75         (c)A majority of the members of the council constitutes a
   76  quorum.
   77         (d)A member may not receive a commission, fee, or
   78  financial benefit in connection with serving on the council but
   79  may be reimbursed for per diem and travel expenses pursuant to
   80  s. 112.061.
   81         (3)SCOPE OF ACTIVITIES.—The council shall:
   82         (a)Annually review the Florida Administrative Code to
   83  determine whether any rules:
   84         1.Are duplicative or obsolete.
   85         2.Are especially burdensome to business within the state.
   86         3.Disproportionately affect businesses with fewer than 100
   87  employees.
   88         4.Disproportionately affect businesses with less than $5
   89  million in annual revenue.
   90  
   91  If the council determines that a rule meets at least one of the
   92  criteria in this paragraph and can be repealed or amended with
   93  minimal impact on public health, safety, and welfare, the
   94  council shall recommend repealing or amending the rule.
   95         (b)Provide an annual report of the council’s
   96  recommendations to the Governor, the President of the Senate,
   97  and the Speaker of the House of Representatives and to the
   98  Administrative Procedures Committee for publication in the
   99  Florida Administrative Code.
  100         Section 2. Present subsection (16) of section 120.52,
  101  Florida Statutes, is renumbered as subsection (17), present
  102  subsections (17) through (22) are renumbered as subsections (19)
  103  through (24), respectively, and new subsections (16) and (18)
  104  are added to that section, to read:
  105         120.52 Definitions.—As used in this act:
  106         (16)“Regulatory baseline” means the total number of agency
  107  rules that are in effect on January 1, 2021, as determined by
  108  the committee pursuant to s. 120.546(1).
  109         (18)“Rule replacement request” means a request by an
  110  agency to create a rule after the establishment of the
  111  regulatory baseline by proposing to repeal one or more existing
  112  rules to maintain the regulatory baseline.
  113         Section 3. Paragraphs (b) through (k) of subsection (1) of
  114  section 120.54, Florida Statutes, are redesignated as paragraphs
  115  (c) through (l), respectively, a new paragraph (b) is added to
  116  that subsection, and paragraph (a) of subsection (2) and
  117  paragraphs (a) and (e) of subsection (3) are amended, to read:
  118         120.54 Rulemaking.—
  119         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
  120  EMERGENCY RULES.—
  121         (b)An agency adopting a rule that would otherwise exceed
  122  the regulatory baseline must submit a rule replacement request
  123  to the committee pursuant to s. 120.546(2).
  124         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  125         (a) Except when the intended action is the repeal of a
  126  rule, agencies shall provide notice of the development of
  127  proposed rules by publication of a notice of rule development in
  128  the Florida Administrative Register before providing notice of a
  129  proposed rule as required by paragraph (3)(a). The notice of
  130  rule development shall indicate the subject area to be addressed
  131  by rule development, provide a short, plain explanation of the
  132  purpose and effect of the proposed rule, cite the specific legal
  133  authority for the proposed rule, identify the rule or rules
  134  proposed to be repealed, if such repeal is necessary to maintain
  135  the regulatory baseline pursuant to s. 120.546(2), and include
  136  the preliminary text of the proposed rules, if available, or a
  137  statement of how a person may promptly obtain, without cost, a
  138  copy of any preliminary draft, if available.
  139         (3) ADOPTION PROCEDURES.—
  140         (a) Notices.—
  141         1. Before Prior to the adoption, amendment, or repeal of
  142  any rule other than an emergency rule, an agency, upon approval
  143  of the agency head, shall give notice of its intended action,
  144  setting forth a short, plain explanation of the purpose and
  145  effect of the proposed action; the full text of the proposed
  146  rule or amendment and a summary thereof; a reference to the
  147  grant of rulemaking authority pursuant to which the rule is
  148  adopted; and a reference to the section or subsection of the
  149  Florida Statutes or the Laws of Florida being implemented or
  150  interpreted; and a reference to the rule proposed for repeal, if
  151  such repeal is necessary to maintain the regulatory baseline
  152  pursuant to s. 120.546(2). The notice must include a summary of
  153  the agency’s statement of the estimated regulatory costs, if one
  154  has been prepared, based on the factors set forth in s.
  155  120.541(2); a statement that any person who wishes to provide
  156  the agency with information regarding the statement of estimated
  157  regulatory costs, or to provide a proposal for a lower cost
  158  regulatory alternative as provided by s. 120.541(1), must do so
  159  in writing within 21 days after publication of the notice; and a
  160  statement as to whether, based on the statement of the estimated
  161  regulatory costs or other information expressly relied upon and
  162  described by the agency if no statement of regulatory costs is
  163  required, the proposed rule is expected to require legislative
  164  ratification pursuant to s. 120.541(3). The notice must state
  165  the procedure for requesting a public hearing on the proposed
  166  rule. Except when the intended action is the repeal of a rule,
  167  the notice must include a reference both to the date on which
  168  and to the place where the notice of rule development that is
  169  required by subsection (2) appeared.
  170         2. The notice shall be published in the Florida
  171  Administrative Register not less than 28 days before prior to
  172  the intended action. The proposed rule shall be available for
  173  inspection and copying by the public at the time of the
  174  publication of notice.
  175         3. The notice shall be mailed to all persons named in the
  176  proposed rule and to all persons who, at least 14 days before
  177  prior to such mailing, have made requests of the agency for
  178  advance notice of its proceedings. The agency shall also give
  179  such notice as is prescribed by rule to those particular classes
  180  of persons to whom the intended action is directed.
  181         4. The adopting agency shall file with the committee, at
  182  least 21 days before prior to the proposed adoption date, a copy
  183  of each rule it proposes to adopt; a copy of any material
  184  incorporated by reference in the rule; a detailed written
  185  statement of the facts and circumstances justifying the proposed
  186  rule; a copy of any statement of estimated regulatory costs that
  187  has been prepared pursuant to s. 120.541; a statement of the
  188  extent to which the proposed rule relates to federal standards
  189  or rules on the same subject; and the notice required by
  190  subparagraph 1.
  191         (e) Filing for final adoption; effective date.—
  192         1. If the adopting agency is required to publish its rules
  193  in the Florida Administrative Code, the agency, upon approval of
  194  the agency head, shall file with the Department of State three
  195  certified copies of the rule it proposes to adopt; one copy of
  196  any material incorporated by reference in the rule, certified by
  197  the agency; a summary of the rule; a summary of any hearings
  198  held on the rule; and a detailed written statement of the facts
  199  and circumstances justifying the rule. Agencies not required to
  200  publish their rules in the Florida Administrative Code shall
  201  file one certified copy of the proposed rule, and the other
  202  material required by this subparagraph, in the office of the
  203  agency head, and such rules shall be open to the public.
  204         2. A rule may not be filed for adoption less than 28 days
  205  or more than 90 days after the notice required by paragraph (a),
  206  until 21 days after the notice of change required by paragraph
  207  (d), until 14 days after the final public hearing, until 21 days
  208  after a statement of estimated regulatory costs required under
  209  s. 120.541 has been provided to all persons who submitted a
  210  lower cost regulatory alternative and made available to the
  211  public, or until the administrative law judge has rendered a
  212  decision under s. 120.56(2), whichever applies. When a required
  213  notice of change is published before prior to the expiration of
  214  the time to file the rule for adoption, the period during which
  215  a rule must be filed for adoption is extended to 45 days after
  216  the date of publication. If notice of a public hearing is
  217  published before prior to the expiration of the time to file the
  218  rule for adoption, the period during which a rule must be filed
  219  for adoption is extended to 45 days after adjournment of the
  220  final hearing on the rule, 21 days after receipt of all material
  221  authorized to be submitted at the hearing, or 21 days after
  222  receipt of the transcript, if one is made, whichever is latest.
  223  The term “public hearing” includes any public meeting held by
  224  any agency at which the rule is considered. If a petition for an
  225  administrative determination under s. 120.56(2) is filed, the
  226  period during which a rule must be filed for adoption is
  227  extended to 60 days after the administrative law judge files the
  228  final order with the clerk or until 60 days after subsequent
  229  judicial review is complete.
  230         3. At the time a rule is filed, the agency shall certify
  231  that the time limitations prescribed by this paragraph have been
  232  complied with, that all statutory rulemaking requirements have
  233  been met, and that there is no administrative determination
  234  pending on the rule.
  235         4. At the time a rule is filed, the committee shall certify
  236  whether the agency has responded in writing to all material and
  237  timely written comments or written inquiries made on behalf of
  238  the committee. The department shall reject any rule that is not
  239  filed within the prescribed time limits; that does not comply
  240  with all statutory rulemaking requirements and rules of the
  241  department; upon which an agency has not responded in writing to
  242  all material and timely written inquiries or written comments;
  243  upon which an administrative determination is pending; or which
  244  does not include a statement of estimated regulatory costs, if
  245  required.
  246         5. If a rule has not been adopted within the time limits
  247  imposed by this paragraph or has not been adopted in compliance
  248  with all statutory rulemaking requirements, the agency proposing
  249  the rule shall withdraw the rule and give notice of its action
  250  in the next available issue of the Florida Administrative
  251  Register.
  252         6. The proposed rule shall be adopted on being filed with
  253  the Department of State and become effective 20 days after being
  254  filed, on a later date specified in the notice required by
  255  subparagraph (a)1., on a date required by statute, or upon
  256  ratification by the Legislature pursuant to s. 120.541(3). Rules
  257  not required to be filed with the Department of State shall
  258  become effective when adopted by the agency head, on a later
  259  date specified by rule or statute, or upon ratification by the
  260  Legislature pursuant to s. 120.541(3). If the committee notifies
  261  an agency that an objection to a rule is being considered, the
  262  agency may postpone the adoption of the rule to accommodate
  263  review of the rule by the committee. When an agency postpones
  264  adoption of a rule to accommodate review by the committee, the
  265  90-day period for filing the rule is tolled until the committee
  266  notifies the agency that it has completed its review of the
  267  rule.
  268         7.If a rule must be repealed to maintain the regulatory
  269  baseline pursuant to s. 120.546(2), the repeal shall take effect
  270  at the same time as the proposed rule takes effect.
  271  
  272  For the purposes of this paragraph, the term “administrative
  273  determination” does not include subsequent judicial review.
  274         Section 4. Subsection (1) of section 120.545, Florida
  275  Statutes, is amended to read:
  276         120.545 Committee review of agency rules.—
  277         (1) As a legislative check on legislatively created
  278  authority, the committee shall examine each proposed rule,
  279  except for those proposed rules exempted by s. 120.81(1)(e) and
  280  (2), and its accompanying material, including, but not limited
  281  to, the rule replacement request, and each emergency rule, and,
  282  every 4 years, each may examine any existing rule, for the
  283  purpose of determining whether:
  284         (a) The rule is an invalid exercise of delegated
  285  legislative authority.
  286         (b) The statutory authority for the rule has been repealed.
  287         (c) The rule reiterates or paraphrases statutory material.
  288         (d) The rule is in proper form.
  289         (e) The notice given before prior to its adoption was
  290  sufficient to give adequate notice of the purpose and effect of
  291  the rule.
  292         (f) The rule is consistent with expressed legislative
  293  intent pertaining to the specific provisions of law which the
  294  rule implements.
  295         (g) The rule is necessary to accomplish the apparent or
  296  expressed objectives of the specific provision of law which the
  297  rule implements.
  298         (h) The rule is a reasonable implementation of the law as
  299  it affects the convenience of the general public or persons
  300  particularly affected by the rule.
  301         (i) The rule could be made less complex or more easily
  302  comprehensible to the general public.
  303         (j) The rule’s statement of estimated regulatory costs
  304  complies with the requirements of s. 120.541 and whether the
  305  rule does not impose regulatory costs on the regulated person,
  306  county, or city which could be reduced by the adoption of less
  307  costly alternatives that substantially accomplish the statutory
  308  objectives.
  309         (k) The rule will require additional appropriations.
  310         (l) If the rule is an emergency rule, there exists an
  311  emergency justifying the adoption of such rule, the agency is
  312  within its statutory authority, and the rule was adopted in
  313  compliance with the requirements and limitations of s.
  314  120.54(4).
  315         (m)The rule replacement request complies with the
  316  requirements of s. 120.546(2)(b).
  317         (n)Adoption of the rule will cause the total number of
  318  rules to exceed the regulatory baseline. This paragraph does not
  319  apply to an emergency rule.
  320         Section 5. Section 120.546, Florida Statutes, is created to
  321  read:
  322         120.546Regulatory baseline.—
  323         (1)ESTABLISHMENT OF BASELINE.—The committee shall review
  324  the Florida Administrative Code to determine the total number of
  325  rules that are in effect and shall use this number to establish
  326  the regulatory baseline by January 1, 2021.
  327         (2)LIMITATION ON PROPOSED RULES; RULE REPLACEMENT
  328  REQUEST.—
  329         (a)A proposed rule may not cause the total number of rules
  330  to exceed the regulatory baseline.
  331         (b)An agency proposing a rule is required to submit a rule
  332  replacement request to the committee. Each rule replacement
  333  request must include the following:
  334         1.The proposed rule and the law authorizing such rule.
  335         2.The purpose of the proposed rule.
  336         3.The rule to be repealed to maintain the regulatory
  337  baseline.
  338         (c)The committee shall examine each proposed rule and the
  339  accompanying rule replacement request as provided in s. 120.545.
  340         (d)The committee may approve a rule replacement request
  341  only after the proposed rule and the rule replacement request
  342  have been reviewed pursuant to s. 120.545 and the committee
  343  determines that the proposed rule does not cause the total
  344  number of rules to exceed the regulatory baseline.
  345         (e)An agency may request an exemption from the prohibition
  346  in paragraph (a) by submitting an exemption request with the
  347  rule replacement request. An exemption request must include a
  348  detailed explanation of the reasons why the proposed rule should
  349  be exempt from the prohibition in paragraph (a), including the
  350  reasons why the rule is necessary to protect public health,
  351  safety, and welfare.
  352         (f)The committee may not approve an exemption request or a
  353  rule replacement request that provides fewer than two rules for
  354  repeal or replacement until the total number of rules is 35
  355  percent below the regulatory baseline.
  356         (3)ANNUAL REPORT.—Beginning November 1, 2021, the
  357  committee shall submit an annual report providing the percentage
  358  reduction in the total number of rules compared to the
  359  regulatory baseline to the Governor, the President of the
  360  Senate, and the Speaker of the House of Representatives.
  361         Section 6. Paragraph (a) of subsection (1) of section
  362  120.55, Florida Statutes, is amended to read:
  363         120.55 Publication.—
  364         (1) The Department of State shall:
  365         (a)1. Through a continuous revision and publication system,
  366  compile and publish electronically, on a website managed by the
  367  department, the “Florida Administrative Code.” The Florida
  368  Administrative Code shall contain the regulatory baseline, all
  369  changes made to the total number of rules since the
  370  establishment of the regulatory baseline, all rules adopted by
  371  each agency, citing the grant of rulemaking authority and the
  372  specific law implemented pursuant to which each rule was
  373  adopted, a plain language description of the purpose of each
  374  rule, all history notes as authorized in s. 120.545(7), complete
  375  indexes to all rules contained in the code, the annual report
  376  provided by the Red Tape Reduction Advisory Council, and any
  377  other material required or authorized by law or deemed useful by
  378  the department. The electronic code shall display each rule
  379  chapter currently in effect in browse mode and allow full text
  380  search of the code and each rule chapter. The department may
  381  contract with a publishing firm for a printed publication;
  382  however, the department shall retain responsibility for the code
  383  as provided in this section. The electronic publication shall be
  384  the official compilation of the administrative rules of this
  385  state. The Department of State shall retain the copyright over
  386  the Florida Administrative Code.
  387         2. Rules general in form but applicable to only one school
  388  district, community college district, or county, or a part
  389  thereof, or state university rules relating to internal
  390  personnel or business and finance shall not be published in the
  391  Florida Administrative Code. Exclusion from publication in the
  392  Florida Administrative Code shall not affect the validity or
  393  effectiveness of such rules.
  394         3. At the beginning of the section of the code dealing with
  395  an agency that files copies of its rules with the department,
  396  the department shall publish the address and telephone number of
  397  the executive offices of each agency, the manner by which the
  398  agency indexes its rules, a listing of all rules of that agency
  399  excluded from publication in the code, and a statement as to
  400  where those rules may be inspected.
  401         4. Forms shall not be published in the Florida
  402  Administrative Code; but any form which an agency uses in its
  403  dealings with the public, along with any accompanying
  404  instructions, shall be filed with the committee before it is
  405  used. Any form or instruction which meets the definition of
  406  “rule” provided in s. 120.52 shall be incorporated by reference
  407  into the appropriate rule. The reference shall specifically
  408  state that the form is being incorporated by reference and shall
  409  include the number, title, and effective date of the form and an
  410  explanation of how the form may be obtained. Each form created
  411  by an agency which is incorporated by reference in a rule notice
  412  of which is given under s. 120.54(3)(a) after December 31, 2007,
  413  must clearly display the number, title, and effective date of
  414  the form and the number of the rule in which the form is
  415  incorporated.
  416         5. The department shall allow adopted rules and material
  417  incorporated by reference to be filed in electronic form as
  418  prescribed by department rule. When a rule is filed for adoption
  419  with incorporated material in electronic form, the department’s
  420  publication of the Florida Administrative Code on its website
  421  must contain a hyperlink from the incorporating reference in the
  422  rule directly to that material. The department may not allow
  423  hyperlinks from rules in the Florida Administrative Code to any
  424  material other than that filed with and maintained by the
  425  department, but may allow hyperlinks to incorporated material
  426  maintained by the department from the adopting agency’s website
  427  or other sites.
  428         Section 7. Present paragraph (d) of subsection (1) of
  429  section 120.74, Florida Statutes, is redesignated as paragraph
  430  (e), a new paragraph (d) is added to that subsection, and
  431  paragraph (a) of subsection (2) is amended, to read:
  432         120.74 Agency annual rulemaking and regulatory plans;
  433  reports.—
  434         (1) REGULATORY PLAN.—By October 1 of each year, each agency
  435  shall prepare a regulatory plan.
  436         (d)The plan must include an identification of existing
  437  rules that may be appropriate for future repeal to maintain or
  438  reduce the regulatory baseline pursuant to s. 120.546(2).
  439         (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
  440         (a) By October 1 of each year, each agency shall:
  441         1. Publish its regulatory plan on its website or on another
  442  state website established for publication of administrative law
  443  records. A clearly labeled hyperlink to the current plan must be
  444  included on the agency’s primary website homepage.
  445         2. Electronically deliver to the committee a copy of the
  446  certification required in paragraph (1)(e) (1)(d).
  447         3. Publish in the Florida Administrative Register a notice
  448  identifying the date of publication of the agency’s regulatory
  449  plan. The notice must include a hyperlink or website address
  450  providing direct access to the published plan.
  451         Section 8. Subsection (11) of section 120.80, Florida
  452  Statutes, is amended to read:
  453         120.80 Exceptions and special requirements; agencies.—
  454         (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s.
  455  120.52(16), the enlistment, organization, administration,
  456  equipment, maintenance, training, and discipline of the militia,
  457  National Guard, organized militia, and unorganized militia, as
  458  provided by s. 2, Art. X of the State Constitution, are not
  459  rules as defined by this chapter.
  460         Section 9. Paragraph (c) of subsection (1) of section
  461  120.81, Florida Statutes, is amended to read:
  462         120.81 Exceptions and special requirements; general areas.—
  463         (1) EDUCATIONAL UNITS.—
  464         (c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests,
  465  test scoring criteria, or testing procedures relating to student
  466  assessment which are developed or administered by the Department
  467  of Education pursuant to s. 1003.4282, s. 1008.22, or s.
  468  1008.25, or any other statewide educational tests required by
  469  law, are not rules.
  470         Section 10. Paragraph (a) of subsection (1) of section
  471  420.9072, Florida Statutes, is amended to read:
  472         420.9072 State Housing Initiatives Partnership Program.—The
  473  State Housing Initiatives Partnership Program is created for the
  474  purpose of providing funds to counties and eligible
  475  municipalities as an incentive for the creation of local housing
  476  partnerships, to expand production of and preserve affordable
  477  housing, to further the housing element of the local government
  478  comprehensive plan specific to affordable housing, and to
  479  increase housing-related employment.
  480         (1)(a) In addition to the legislative findings set forth in
  481  s. 420.6015, the Legislature finds that affordable housing is
  482  most effectively provided by combining available public and
  483  private resources to conserve and improve existing housing and
  484  provide new housing for very-low-income households, low-income
  485  households, and moderate-income households. The Legislature
  486  intends to encourage partnerships in order to secure the
  487  benefits of cooperation by the public and private sectors and to
  488  reduce the cost of housing for the target group by effectively
  489  combining all available resources and cost-saving measures. The
  490  Legislature further intends that local governments achieve this
  491  combination of resources by encouraging active partnerships
  492  between government, lenders, builders and developers, real
  493  estate professionals, advocates for low-income persons, and
  494  community groups to produce affordable housing and provide
  495  related services. Extending the partnership concept to encompass
  496  cooperative efforts among small counties as defined in s. 120.52
  497  s. 120.52(19), and among counties and municipalities is
  498  specifically encouraged. Local governments are also intended to
  499  establish an affordable housing advisory committee to recommend
  500  monetary and nonmonetary incentives for affordable housing as
  501  provided in s. 420.9076.
  502         Section 11. Subsection (7) of section 420.9075, Florida
  503  Statutes, is amended to read:
  504         420.9075 Local housing assistance plans; partnerships.—
  505         (7) The moneys deposited in the local housing assistance
  506  trust fund shall be used to administer and implement the local
  507  housing assistance plan. The cost of administering the plan may
  508  not exceed 5 percent of the local housing distribution moneys
  509  and program income deposited into the trust fund. A county or an
  510  eligible municipality may not exceed the 5-percent limitation on
  511  administrative costs, unless its governing body finds, by
  512  resolution, that 5 percent of the local housing distribution
  513  plus 5 percent of program income is insufficient to adequately
  514  pay the necessary costs of administering the local housing
  515  assistance plan. The cost of administering the program may not
  516  exceed 10 percent of the local housing distribution plus 5
  517  percent of program income deposited into the trust fund, except
  518  that small counties, as defined in s. 120.52 s. 120.52(19), and
  519  eligible municipalities receiving a local housing distribution
  520  of up to $350,000 may use up to 10 percent of program income for
  521  administrative costs.
  522         Section 12. Paragraph (d) of subsection (1) of section
  523  443.091, Florida Statutes, is amended to read:
  524         443.091 Benefit eligibility conditions.—
  525         (1) An unemployed individual is eligible to receive
  526  benefits for any week only if the Department of Economic
  527  Opportunity finds that:
  528         (d) She or he is able to work and is available for work. In
  529  order to assess eligibility for a claimed week of unemployment,
  530  the department shall develop criteria to determine a claimant’s
  531  ability to work and availability for work. A claimant must be
  532  actively seeking work in order to be considered available for
  533  work. This means engaging in systematic and sustained efforts to
  534  find work, including contacting at least five prospective
  535  employers for each week of unemployment claimed. The department
  536  may require the claimant to provide proof of such efforts to the
  537  one-stop career center as part of reemployment services. A
  538  claimant’s proof of work search efforts may not include the same
  539  prospective employer at the same location in 3 consecutive
  540  weeks, unless the employer has indicated since the time of the
  541  initial contact that the employer is hiring. The department
  542  shall conduct random reviews of work search information provided
  543  by claimants. As an alternative to contacting at least five
  544  prospective employers for any week of unemployment claimed, a
  545  claimant may, for that same week, report in person to a one-stop
  546  career center to meet with a representative of the center and
  547  access reemployment services of the center. The center shall
  548  keep a record of the services or information provided to the
  549  claimant and shall provide the records to the department upon
  550  request by the department. However:
  551         1. Notwithstanding any other provision of this paragraph or
  552  paragraphs (b) and (e), an otherwise eligible individual may not
  553  be denied benefits for any week because she or he is in training
  554  with the approval of the department, or by reason of s.
  555  443.101(2) relating to failure to apply for, or refusal to
  556  accept, suitable work. Training may be approved by the
  557  department in accordance with criteria prescribed by rule. A
  558  claimant’s eligibility during approved training is contingent
  559  upon satisfying eligibility conditions prescribed by rule.
  560         2. Notwithstanding any other provision of this chapter, an
  561  otherwise eligible individual who is in training approved under
  562  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  563  determined ineligible or disqualified for benefits due to
  564  enrollment in such training or because of leaving work that is
  565  not suitable employment to enter such training. As used in this
  566  subparagraph, the term “suitable employment” means work of a
  567  substantially equal or higher skill level than the worker’s past
  568  adversely affected employment, as defined for purposes of the
  569  Trade Act of 1974, as amended, the wages for which are at least
  570  80 percent of the worker’s average weekly wage as determined for
  571  purposes of the Trade Act of 1974, as amended.
  572         3. Notwithstanding any other provision of this section, an
  573  otherwise eligible individual may not be denied benefits for any
  574  week because she or he is before any state or federal court
  575  pursuant to a lawfully issued summons to appear for jury duty.
  576         4. Union members who customarily obtain employment through
  577  a union hiring hall may satisfy the work search requirements of
  578  this paragraph by reporting daily to their union hall.
  579         5. The work search requirements of this paragraph do not
  580  apply to persons who are unemployed as a result of a temporary
  581  layoff or who are claiming benefits under an approved short-time
  582  compensation plan as provided in s. 443.1116.
  583         6. In small counties as defined in s. 120.52 s. 120.52(19),
  584  a claimant engaging in systematic and sustained efforts to find
  585  work must contact at least three prospective employers for each
  586  week of unemployment claimed.
  587         7. The work search requirements of this paragraph do not
  588  apply to persons required to participate in reemployment
  589  services under paragraph (e).
  590         Section 13. This act shall take effect July 1, 2020.