Florida Senate - 2023                                     SB 742
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00665B-23                                           2023742__
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.52, F.S.; defining the terms “repromulgation”
    4         and “technical change”; amending s. 120.54, F.S.;
    5         applying certain provisions applicable to all rules
    6         other than emergency rules to repromulgated rules;
    7         requiring that a notice of rule development cite the
    8         grant of rulemaking authority; requiring a notice of
    9         rule development to contain a proposed rule number and
   10         specified statements; requiring that a notice of
   11         withdrawal be published in the next available issue of
   12         the Florida Administrative Register if a notice of
   13         proposed rule is not filed within a certain timeframe;
   14         revising the scope of public workshops to include
   15         information gathered for the preparation of statements
   16         of estimated regulatory costs; requiring that a notice
   17         of proposed rule include a website address where a
   18         statement of regulatory costs can be viewed; requiring
   19         that a notice of proposed rule include a request for
   20         the submission of any helpful information regarding
   21         the statement of estimated regulatory costs; revising
   22         the timeframe within which the notice must be
   23         published in the Florida Administrative Register;
   24         requiring that material proposed to be incorporated by
   25         reference and the statement of estimated regulatory
   26         costs be available to the public; requiring that
   27         material proposed to be incorporated by reference be
   28         made available in a specified manner; authorizing
   29         electronic delivery of notices to persons who have
   30         requested advance notice of agency rulemaking
   31         proceedings; requiring an agency to prepare a
   32         statement of estimated regulatory costs before
   33         adopting or amending any rule other than an emergency
   34         rule; providing that an agency is not required to
   35         prepare a statement of estimated regulatory costs
   36         before repealing a rule; providing an exception;
   37         requiring that certain rule repeals be considered
   38         presumptively correct in a proceeding before the
   39         Division of Administrative Hearings or a court of
   40         competent jurisdiction; revising the criteria under
   41         which a proposed rule’s adverse impact on small
   42         businesses is deemed to exist; requiring an agency to
   43         provide notice of a regulatory alternative to the
   44         Administrative Procedures Committee within a certain
   45         timeframe; requiring certain agency personnel to
   46         attend public hearings on proposed rules; requiring an
   47         agency to publish a notice of convening a separate
   48         proceeding in certain circumstances; providing that
   49         rulemaking deadlines are tolled during such separate
   50         proceedings; revising the requirements for the
   51         contents of a notice of change; requiring the
   52         committee to notify the Department of State that the
   53         date for an agency to adopt a rule has expired under
   54         certain circumstances; requiring the department to
   55         publish a notice of withdrawal under certain
   56         circumstances; requiring emergency rules to be
   57         published in the Florida Administrative Code;
   58         prohibiting agencies from making changes to emergency
   59         rules by superseding the rule; authorizing an agency
   60         to make technical changes to an emergency rule during
   61         a specified timeframe; requiring an agency to file a
   62         copy of a certain petition with the committee; making
   63         technical changes; amending s. 120.541, F.S.;
   64         requiring an agency to provide a copy of a proposal
   65         for a lower cost regulatory alternative to the
   66         committee within a certain timeframe; specifying the
   67         circumstances under which such proposal is deemed to
   68         be made in good faith; revising requirements for an
   69         agency’s consideration of a lower cost regulatory
   70         alternative; providing for an agency’s revision and
   71         publication of a revised statement of estimated
   72         regulatory costs in response to such alternatives;
   73         requiring that the revised statement of estimated
   74         regulatory costs be made available in the same manner
   75         as the original; deleting the definition of the term
   76         “transactional costs”; revising the applicability of
   77         specified provisions; providing additional
   78         requirements for the calculation of estimated
   79         regulatory costs; making technical changes; conforming
   80         provisions to changes made by the act; conforming a
   81         cross-reference; creating s. 120.5435, F.S.; providing
   82         legislative intent; requiring agency review of rules
   83         and repromulgation of rules that do not require
   84         substantive changes within a specified timeframe;
   85         providing that the failure of an agency to adhere to
   86         specified deadlines is a basis for certain persons to
   87         petition the agency for review of the rule; requiring
   88         the agency to act within a specified timeframe upon
   89         receiving such petition; requiring a denial to include
   90         a specified statement; requiring an agency to publish
   91         a notice of repromulgation in the Florida
   92         Administrative Register and file a rule for
   93         promulgation with the department within a specified
   94         timeframe; requiring an agency to file a notice of
   95         repromulgation with the committee within a specified
   96         timeframe; providing that an agency’s failure to
   97         repromulgate a rule within a specified timeframe
   98         constitutes repeal of the rule; requiring the
   99         committee to provide the department a certain notice;
  100         requiring the department to publish the notice in the
  101         Florida Administrative Register; providing that a
  102         notice of repromulgation is not required to include
  103         the text of the rule being repromulgated; requiring
  104         the committee to certify if the agency has provided
  105         certain responses to the committee; providing that a
  106         repromulgated rule is not subject to challenge as a
  107         proposed rule and that certain hearing requirements do
  108         not apply; requiring an agency to file a specified
  109         number of certified copies of a proposed repromulgated
  110         rule and any material incorporated by reference;
  111         providing that a repromulgated rule is adopted upon
  112         filing with the department and becomes effective after
  113         a specified time; requiring the department to update
  114         certain information in the Florida Administrative
  115         Code; requiring any rule that is not repromulgated to
  116         be submitted to the Legislature within a specified
  117         timeframe after the decision to not repromulgate is
  118         made; providing that such decision is not effective
  119         until the conclusion of the next legislative session
  120         following the decision; requiring the department to
  121         adopt rules by a certain date; creating s. 120.5436,
  122         F.S.; providing legislative intent; requiring the
  123         Department of Environmental Protection and water
  124         management districts to conduct a holistic review of
  125         certain permitting processes; providing the scope and
  126         purpose of the review; providing the factors the
  127         department and districts must consider when conducting
  128         the review; requiring the department and districts to
  129         submit a specified report to the Governor and
  130         Legislature by a specified date; amending s. 120.545,
  131         F.S.; requiring the committee to examine certain
  132         existing rules; amending s. 120.55, F.S.; requiring
  133         the Department of State to publish the Florida
  134         Administrative Code daily at a specified time;
  135         requiring the department to indicate a rule was
  136         corrected or replaced by republishing the code and
  137         noting the rule was corrected; requiring materials
  138         incorporated by reference to be filed in a specified
  139         manner; requiring the department to include the date
  140         of a technical rule change in the Florida
  141         Administrative Code; providing that a technical change
  142         does not affect the effective date of a rule;
  143         requiring the department to adopt specified rules;
  144         amending s. 120.56, F.S.; conforming a cross
  145         reference; amending s. 120.74, F.S.; requiring an
  146         agency to list each rule it plans to develop, adopt,
  147         or repeal during the forthcoming year in the agency’s
  148         annual regulatory plan; requiring that an agency’s
  149         annual regulatory plan identify any rules that are
  150         required to be repromulgated during the forthcoming
  151         year; requiring the agency to make certain
  152         declarations concerning the annual regulatory plan;
  153         amending ss. 120.80, 120.81, 420.9072, 420.9075, and
  154         443.091, F.S.; conforming cross-references; providing
  155         an effective date.
  156          
  157  Be It Enacted by the Legislature of the State of Florida:
  158  
  159         Section 1. Present subsections (16) through (19) and
  160  subsections (20), (21), and (22) of section 120.52, Florida
  161  Statutes, are redesignated as subsections (17) through (20) and
  162  (22), (23), and (24), respectively, and new subsections (16) and
  163  (21) are added to that section, to read:
  164         120.52 Definitions.—As used in this act:
  165         (16)“Repromulgation” means the publication and adoption of
  166  an existing rule following an agency’s review of the rule for
  167  consistency with the powers and duties granted by its enabling
  168  statute.
  169         (21)“Technical change” means a change limited to
  170  correcting grammatical, typographical, and similar errors not
  171  affecting the substance of a rule.
  172         Section 2. Paragraph (i) of subsection (1), subsections (2)
  173  and (3), and paragraph (a) of subsection (7) of section 120.54,
  174  Florida Statutes, are amended, and paragraphs (e) and (f) are
  175  added to subsection (4) of that section, to read:
  176         120.54 Rulemaking.—
  177         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
  178  EMERGENCY RULES.—
  179         (i)1. A rule may incorporate material by reference but only
  180  as the material exists on the date the rule is adopted. For
  181  purposes of the rule, changes in the material are not effective
  182  unless the rule is amended to incorporate the changes.
  183         2. An agency rule that incorporates by specific reference
  184  another rule of that agency automatically incorporates
  185  subsequent amendments to the referenced rule unless a contrary
  186  intent is clearly indicated in the referencing rule. A notice of
  187  amendments to a rule that has been incorporated by specific
  188  reference in other rules of that agency must explain the effect
  189  of those amendments on the referencing rules.
  190         3. In rules adopted after December 31, 2010, and rules
  191  repromulgated on or after July 1, 2023, material may not be
  192  incorporated by reference unless:
  193         a. The material has been submitted in the prescribed
  194  electronic format to the Department of State and the full text
  195  of the material can be made available for free public access
  196  through an electronic hyperlink from the rule making the
  197  reference in the Florida Administrative Code; or
  198         b. The agency has determined that posting the material on
  199  the Internet for purposes of public examination and inspection
  200  would constitute a violation of federal copyright law, in which
  201  case a statement to that effect, along with the address of
  202  locations at the Department of State and the agency at which the
  203  material is available for public inspection and examination,
  204  must be included in the notice required by subparagraph (3)(a)1.
  205         4. A rule may not be amended by reference only. Amendments
  206  must set out the amended rule in full in the same manner as
  207  required by the State Constitution for laws.
  208         5. Notwithstanding any contrary provision in this section,
  209  when an adopted rule of the Department of Environmental
  210  Protection or a water management district is incorporated by
  211  reference in the other agency’s rule to implement a provision of
  212  part IV of chapter 373, subsequent amendments to the rule are
  213  not effective as to the incorporating rule unless the agency
  214  incorporating by reference notifies the committee and the
  215  Department of State of its intent to adopt the subsequent
  216  amendment, publishes notice of such intent in the Florida
  217  Administrative Register, and files with the Department of State
  218  a copy of the amended rule incorporated by reference. Changes in
  219  the rule incorporated by reference are effective as to the other
  220  agency 20 days after the date of the published notice and filing
  221  with the Department of State. The Department of State shall
  222  amend the history note of the incorporating rule to show the
  223  effective date of such change. Any substantially affected person
  224  may, within 14 days after the date of publication of the notice
  225  of intent in the Florida Administrative Register, file an
  226  objection to rulemaking with the agency. The objection must
  227  shall specify the portions of the rule incorporated by reference
  228  to which the person objects and the reasons for the objection.
  229  The agency does shall not have the authority under this
  230  subparagraph to adopt those portions of the rule specified in
  231  such objection. The agency shall publish notice of the objection
  232  and of its action in response in the next available issue of the
  233  Florida Administrative Register.
  234         6. The Department of State may adopt by rule requirements
  235  for incorporating materials pursuant to this paragraph.
  236         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  237         (a)1. Except when the intended action is the repeal of a
  238  rule, agencies shall provide notice of the development of
  239  proposed rules by publication of a notice of rule development in
  240  the Florida Administrative Register before providing notice of a
  241  proposed rule as required by paragraph (3)(a). The notice of
  242  rule development must shall indicate the subject area to be
  243  addressed by rule development, provide a short, plain
  244  explanation of the purpose and effect of the proposed rule, cite
  245  the grant of rulemaking authority for the proposed rule and the
  246  law being implemented specific legal authority for the proposed
  247  rule, and include the proposed rule number and the preliminary
  248  text of the proposed rules, if available, or a statement of how
  249  a person may promptly obtain, without cost, a copy of any
  250  preliminary draft, when if available. The notice must also
  251  include a request for the submission of any information that
  252  would be helpful to the agency in preparing the statement of
  253  estimated regulatory costs required pursuant to paragraph (3)(b)
  254  and a statement of how a person may submit comments to the
  255  proposal and how a person may provide information regarding the
  256  potential regulatory costs.
  257         2.If a notice of a proposed rule is not filed within 12
  258  months after the most recent notice of rule development, the
  259  agency must withdraw the rule and publish notice of the
  260  withdrawal in the next available issue of the Florida
  261  Administrative Register.
  262         (b) All rules should be drafted in readable language. The
  263  language is readable if it:
  264         1. It Avoids the use of obscure words and unnecessarily
  265  long or complicated constructions; and
  266         2. It Avoids the use of unnecessary technical or
  267  specialized language that is understood only by members of
  268  particular trades or professions.
  269         (c) An agency may hold public workshops for purposes of
  270  rule development and information gathering for the preparation
  271  of the statement of estimated regulatory costs. If requested in
  272  writing by any affected person, an agency must hold public
  273  workshops, including workshops in various regions of the state
  274  or the agency’s service area, for purposes of rule development
  275  and information gathering for the preparation of the statement
  276  of estimated regulatory costs if requested in writing by any
  277  affected person, unless the agency head explains in writing why
  278  a workshop is unnecessary. The explanation is not final agency
  279  action subject to review pursuant to ss. 120.569 and 120.57. The
  280  failure to provide the explanation when required may be a
  281  material error in procedure pursuant to s. 120.56(1)(c). When a
  282  workshop or public hearing is held, the agency must ensure that
  283  the persons responsible for preparing the proposed rule and the
  284  statement of estimated regulatory costs are available to receive
  285  public input, to explain the agency’s proposal, and to respond
  286  to questions or comments regarding the rule being developed and
  287  the statement of estimated regulatory costs. The workshop may be
  288  facilitated or mediated by a neutral third person, or the agency
  289  may employ other types of dispute resolution alternatives for
  290  the workshop that are appropriate for rule development and for
  291  preparation of the statement of estimated regulatory costs.
  292  Notice of a workshop for rule development and for preparation of
  293  the statement of estimated regulatory costs must workshop shall
  294  be by publication in the Florida Administrative Register not
  295  less than 14 days before prior to the date on which the workshop
  296  is scheduled to be held and must shall indicate the subject area
  297  that which will be addressed; the agency contact person; and the
  298  place, date, and time of the workshop.
  299         (d)1. An agency may use negotiated rulemaking in developing
  300  and adopting rules. The agency should consider the use of
  301  negotiated rulemaking when complex rules are being drafted or
  302  strong opposition to the rules is anticipated. The agency should
  303  consider, but is not limited to considering, whether a balanced
  304  committee of interested persons who will negotiate in good faith
  305  can be assembled, whether the agency is willing to support the
  306  work of the negotiating committee, and whether the agency can
  307  use the group consensus as the basis for its proposed rule.
  308  Negotiated rulemaking uses a committee of designated
  309  representatives to draft a mutually acceptable proposed rule and
  310  to develop information necessary to prepare a statement of
  311  estimated regulatory costs, when applicable.
  312         2. An agency that chooses to use the negotiated rulemaking
  313  process described in this paragraph shall publish in the Florida
  314  Administrative Register a notice of negotiated rulemaking that
  315  includes a listing of the representative groups that will be
  316  invited to participate in the negotiated rulemaking process. Any
  317  person who believes that his or her interest is not adequately
  318  represented may apply to participate within 30 days after
  319  publication of the notice. All meetings of the negotiating
  320  committee shall be noticed and open to the public pursuant to
  321  the provisions of this chapter. The negotiating committee shall
  322  be chaired by a neutral facilitator or mediator.
  323         3. The agency’s decision to use negotiated rulemaking, its
  324  selection of the representative groups, and approval or denial
  325  of an application to participate in the negotiated rulemaking
  326  process are not agency action. Nothing in This subparagraph is
  327  not intended to affect the rights of a substantially an affected
  328  person to challenge a proposed rule developed under this
  329  paragraph in accordance with s. 120.56(2).
  330         (3) ADOPTION PROCEDURES.—
  331         (a) Notices.—
  332         1. Before Prior to the adoption, amendment, or repeal of
  333  any rule other than an emergency rule, an agency, upon approval
  334  of the agency head, shall give notice of its intended action,
  335  setting forth a short, plain explanation of the purpose and
  336  effect of the proposed action; the rule number and full text of
  337  the proposed rule or amendment and a summary thereof; a
  338  reference to the grant of rulemaking authority pursuant to which
  339  the rule is adopted; and a reference to the section or
  340  subsection of the Florida Statutes or the Laws of Florida being
  341  implemented or interpreted. The notice must include a concise
  342  summary of the agency’s statement of the estimated regulatory
  343  costs, if one has been prepared, based on the factors set forth
  344  in s. 120.541(2), which describes the regulatory impact of the
  345  rule in readable language; an agency website address where the
  346  statement of estimated regulatory costs can be viewed in its
  347  entirety; a statement that any person who wishes to provide the
  348  agency with information regarding the statement of estimated
  349  regulatory costs, or to provide a proposal for a lower cost
  350  regulatory alternative as provided by s. 120.541(1), must do so
  351  in writing within 21 days after publication of the notice; a
  352  request for the submission of any information that could be
  353  helpful to the agency regarding the statement of estimated
  354  regulatory costs; and a statement as to whether, based on the
  355  statement of the estimated regulatory costs or other information
  356  expressly relied upon and described by the agency if no
  357  statement of regulatory costs is required, the proposed rule is
  358  expected to require legislative ratification pursuant to s.
  359  120.541(3). The notice must state the procedure for requesting a
  360  public hearing on the proposed rule. Except when the intended
  361  action is the repeal of a rule, the notice must include a
  362  reference both to the date on which and to the place where the
  363  notice of rule development that is required by subsection (2)
  364  appeared.
  365         2. The notice must shall be published in the Florida
  366  Administrative Register at least 7 days after the publication of
  367  the notice of rule development and at least not less than 28
  368  days before prior to the intended action. The proposed rule,
  369  including all materials proposed to be incorporated by reference
  370  and the statement of estimated regulatory costs, must shall be
  371  available for inspection and copying by the public at the time
  372  of the publication of notice. Material proposed to be
  373  incorporated by reference in the notice must be made available
  374  in the manner prescribed by sub-subparagraph (1)(i)3.a. or sub
  375  subparagraph (1)(i)3.b.
  376         3. The notice must shall be mailed to all persons named in
  377  the proposed rule and mailed or delivered electronically to all
  378  persons who, at least 14 days before publication of the notice
  379  prior to such mailing, have made requests of the agency for
  380  advance notice of its proceedings. The agency shall also give
  381  such notice as is prescribed by rule to those particular classes
  382  of persons to whom the intended action is directed.
  383         4. The adopting agency shall file with the committee, at
  384  least 21 days before prior to the proposed adoption date, a copy
  385  of each rule it proposes to adopt; a copy of any material
  386  incorporated by reference in the rule; a detailed written
  387  statement of the facts and circumstances justifying the proposed
  388  rule; a copy of the any statement of estimated regulatory costs
  389  that has been prepared pursuant to s. 120.541; a statement of
  390  the extent to which the proposed rule relates to federal
  391  standards or rules on the same subject; and the notice required
  392  by subparagraph 1.
  393         (b) Special matters to be considered in rule adoption.—
  394         1. Statement of estimated regulatory costs.—Before the
  395  adoption or, amendment, or repeal of any rule, other than an
  396  emergency rule, an agency must is encouraged to prepare a
  397  statement of estimated regulatory costs of the proposed rule, as
  398  provided by s. 120.541. However, an agency is not required to
  399  prepare a statement of estimated regulatory costs for a rule
  400  repeal unless such repeal would impose a regulatory cost. In any
  401  challenge to a rule repeal, a rule repeal that only reduces or
  402  eliminates regulations on those individuals or entities
  403  presently regulated by the rule must be considered presumptively
  404  correct in any proceeding before the division or in any
  405  proceeding before a court of competent jurisdiction However, an
  406  agency must prepare a statement of estimated regulatory costs of
  407  the proposed rule, as provided by s. 120.541, if:
  408         a.The proposed rule will have an adverse impact on small
  409  business; or
  410         b.The proposed rule is likely to directly or indirectly
  411  increase regulatory costs in excess of $200,000 in the aggregate
  412  in this state within 1 year after the implementation of the
  413  rule.
  414         2. Small businesses, small counties, and small cities.—
  415         a. For purposes of this subsection and s. 120.541(2), an
  416  adverse impact on small businesses, as defined in s. 288.703 or
  417  sub-subparagraph b., exists if, for any small business:
  418         (I)An owner, officer, operator, or manager must complete
  419  any education, training, or testing to comply, or is likely to
  420  spend at least 10 hours or purchase professional advice to
  421  understand and comply, with the rule in the first year;
  422         (II)Taxes or fees assessed on transactions are likely to
  423  increase by $500 or more in the aggregate in 1 year;
  424         (III)Prices charged for goods and services are restricted
  425  or are likely to increase because of the rule;
  426         (IV)Specially trained, licensed, or tested employees will
  427  be required because of the rule;
  428         (V)Operating costs are expected to increase by at least
  429  $1,000 annually because of the rule; or
  430         (VI)Capital expenditures in excess of $1,000 are necessary
  431  to comply with the rule.
  432         b. Each agency, before the adoption, amendment, or repeal
  433  of a rule, shall consider the impact of the rule on small
  434  businesses as defined in by s. 288.703 and the impact of the
  435  rule on small counties or small cities as defined in by s.
  436  120.52. Whenever practicable, an agency shall tier its rules to
  437  reduce disproportionate impacts on small businesses, small
  438  counties, or small cities to avoid regulating small businesses,
  439  small counties, or small cities that do not contribute
  440  significantly to the problem the rule is designed to address. An
  441  agency may define “small business” to include businesses
  442  employing more than 200 persons, may define “small county” to
  443  include those with populations of more than 75,000, and may
  444  define “small city” to include those with populations of more
  445  than 10,000, if it finds that such a definition is necessary to
  446  adapt a rule to the needs and problems of small businesses,
  447  small counties, or small cities. The agency shall consider each
  448  of the following methods for reducing the impact of the proposed
  449  rule on small businesses, small counties, and small cities, or
  450  any combination of these entities:
  451         (I) Establishing less stringent compliance or reporting
  452  requirements in the rule.
  453         (II) Establishing less stringent schedules or deadlines in
  454  the rule for compliance or reporting requirements.
  455         (III) Consolidating or simplifying the rule’s compliance or
  456  reporting requirements.
  457         (IV) Establishing performance standards or best management
  458  practices to replace design or operational standards in the
  459  rule.
  460         (V) Exempting small businesses, small counties, or small
  461  cities from any or all requirements of the rule.
  462         c.b.(I) If the agency determines that the proposed action
  463  will affect small businesses as defined by the agency as
  464  provided in sub-subparagraph b. a., the agency must shall send
  465  written notice of the rule to the rules ombudsman in the
  466  Executive Office of the Governor at least 28 days before the
  467  intended action.
  468         (II) Each agency shall adopt those regulatory alternatives
  469  offered by the rules ombudsman in the Executive Office of the
  470  Governor and provided to the agency no later than 21 days after
  471  the rules ombudsman’s receipt of the written notice of the rule
  472  which it finds are feasible and consistent with the stated
  473  objectives of the proposed rule and which would reduce the
  474  impact on small businesses. When regulatory alternatives are
  475  offered by the rules ombudsman in the Executive Office of the
  476  Governor, the 90-day period for filing the rule in subparagraph
  477  (e)2. is extended for a period of 21 days. The agency shall
  478  provide notice to the committee of any regulatory alternative
  479  offered to the agency pursuant to this sub-subparagraph at least
  480  21 days before filing the rule for adoption.
  481         (III) If an agency does not adopt all alternatives offered
  482  pursuant to this sub-subparagraph, it must shall, before rule
  483  adoption or amendment and pursuant to subparagraph (d)1., file a
  484  detailed written statement with the committee explaining the
  485  reasons for failure to adopt such alternatives. Within 3 working
  486  days after the filing of such notice, the agency shall send a
  487  copy of such notice to the rules ombudsman in the Executive
  488  Office of the Governor.
  489         (c) Hearings.—
  490         1. If the intended action concerns any rule other than one
  491  relating exclusively to procedure or practice, the agency must
  492  shall, on the request of any affected person received within 21
  493  days after the date of publication of the notice of intended
  494  agency action, give affected persons an opportunity to present
  495  evidence and argument on all issues under consideration. The
  496  agency may schedule a public hearing on the proposed rule and,
  497  if requested by any affected person, must shall schedule a
  498  public hearing on the proposed rule. When a public hearing is
  499  held, the agency must ensure that the persons responsible for
  500  preparing the proposed rule and the statement of estimated
  501  regulatory costs staff are in attendance available to explain
  502  the agency’s proposal and to respond to questions or comments
  503  regarding the proposed rule, the statement of estimated
  504  regulatory costs, and the agency’s decision on whether to adopt
  505  a lower cost regulatory alternative submitted pursuant to s.
  506  120.541(1)(a). If the agency head is a board or other collegial
  507  body created under s. 20.165(4) or s. 20.43(3)(g), and one or
  508  more requested public hearings is scheduled, the board or other
  509  collegial body must shall conduct at least one of the public
  510  hearings itself and may not delegate this responsibility without
  511  the consent of those persons requesting the public hearing. Any
  512  material pertinent to the issues under consideration submitted
  513  to the agency within 21 days after the date of publication of
  514  the notice or submitted to the agency between the date of
  515  publication of the notice and the end of the final public
  516  hearing must shall be considered by the agency and made a part
  517  of the record of the rulemaking proceeding.
  518         2. Rulemaking proceedings are shall be governed solely by
  519  the provisions of this section unless a person timely asserts
  520  that the person’s substantial interests will be affected in the
  521  proceeding and affirmatively demonstrates to the agency that the
  522  proceeding does not provide adequate opportunity to protect
  523  those interests. If the agency determines that the rulemaking
  524  proceeding is not adequate to protect the person’s interests, it
  525  must shall suspend the rulemaking proceeding and convene a
  526  separate proceeding under the provisions of ss. 120.569 and
  527  120.57. The agency shall publish notice of convening a separate
  528  proceeding in the Florida Administrative Register. Similarly
  529  situated persons may be requested to join and participate in the
  530  separate proceeding. Upon conclusion of the separate proceeding,
  531  the rulemaking proceeding shall be resumed. All timelines in
  532  this section are tolled during any suspension of the rulemaking
  533  proceeding under this subparagraph, beginning on the date the
  534  notice of convening a separate proceeding is published and
  535  resuming on the day after conclusion of the separate proceeding.
  536         (d) Modification or withdrawal of proposed rules.—
  537         1. After the final public hearing on the proposed rule, or
  538  after the time for requesting a hearing has expired, if the
  539  proposed rule has not been changed from the proposed rule as
  540  previously filed with the committee, or contains only technical
  541  changes, the adopting agency shall file a notice to that effect
  542  with the committee at least 7 days before prior to filing the
  543  proposed rule for adoption. Any change, other than a technical
  544  change that does not affect the substance of the rule, must be
  545  supported by the record of public hearings held on the proposed
  546  rule, must be in response to written material submitted to the
  547  agency within 21 days after the date of publication of the
  548  notice of intended agency action or submitted to the agency
  549  between the date of publication of the notice and the end of the
  550  final public hearing, or must be in response to a proposed
  551  objection by the committee. Any change, other than a technical
  552  change, to a statement of estimated regulatory costs requires a
  553  notice of change. In addition, when any change, other than a
  554  technical change, to is made in a proposed rule text or any
  555  material incorporated by reference requires, other than a
  556  technical change, the adopting agency to shall provide a copy of
  557  a notice of change by certified mail or actual delivery to any
  558  person who requests it in writing no later than 21 days after
  559  the notice required in paragraph (a). The agency shall file the
  560  notice of change with the committee, along with the reasons for
  561  the change, and provide the notice of change to persons
  562  requesting it, at least 21 days before prior to filing the
  563  proposed rule for adoption. The notice of change must shall be
  564  published in the Florida Administrative Register at least 21
  565  days before prior to filing the proposed rule for adoption. The
  566  notice of change must include a summary of any revision of the
  567  statement of estimated regulatory costs required by s.
  568  120.541(1)(c). This subparagraph does not apply to emergency
  569  rules adopted pursuant to subsection (4). Material proposed to
  570  be incorporated by reference in the notice required by this
  571  subparagraph must be made available in the manner prescribed by
  572  sub-subparagraph (1)(i)3.a. or sub-subparagraph (1)(i)3.b.
  573         2. After the notice required by paragraph (a) and before
  574  prior to adoption, the agency may withdraw the proposed rule in
  575  whole or in part.
  576         3. After the notice required by paragraph (a), the agency
  577  must withdraw the proposed rule if the agency has failed to
  578  adopt it within the prescribed timeframes in this chapter. If
  579  the agency, 30 days after notice by the committee that the
  580  agency has failed to adopt the proposed rule within the
  581  prescribed timeframes in this chapter, has not given notice of
  582  the withdrawal of the rule, the committee must notify the
  583  Department of State that the date for adoption of the rule has
  584  expired, and the Department of State must publish a notice of
  585  withdrawal of the proposed rule.
  586         4. After adoption and before the rule becomes effective, a
  587  rule may be modified or withdrawn only in the following
  588  circumstances:
  589         a. When the committee objects to the rule;
  590         b. When a final order, which is not subject to further
  591  appeal, is entered in a rule challenge brought pursuant to s.
  592  120.56 after the date of adoption but before the rule becomes
  593  effective pursuant to subparagraph (e)6.;
  594         c. If the rule requires ratification, when more than 90
  595  days have passed since the rule was filed for adoption without
  596  the Legislature ratifying the rule, in which case the rule may
  597  be withdrawn but may not be modified; or
  598         d. When the committee notifies the agency that an objection
  599  to the rule is being considered, in which case the rule may be
  600  modified to extend the effective date by not more than 60 days.
  601         5.4. The agency shall give notice of its decision to
  602  withdraw or modify a rule in the first available issue of the
  603  publication in which the original notice of rulemaking was
  604  published, shall notify those persons described in subparagraph
  605  (a)3. in accordance with the requirements of that subparagraph,
  606  and shall notify the Department of State if the rule is required
  607  to be filed with the Department of State.
  608         6.5. After a rule has become effective, it may be repealed
  609  or amended only through the rulemaking procedures specified in
  610  this chapter.
  611         (e) Filing for final adoption; effective date.—
  612         1. If the adopting agency is required to publish its rules
  613  in the Florida Administrative Code, the agency, upon approval of
  614  the agency head, must shall file with the Department of State
  615  three certified copies of the rule it proposes to adopt; one
  616  copy of any material incorporated by reference in the rule,
  617  certified by the agency; a summary of the rule; a summary of any
  618  hearings held on the rule; and a detailed written statement of
  619  the facts and circumstances justifying the rule. Agencies not
  620  required to publish their rules in the Florida Administrative
  621  Code shall file one certified copy of the proposed rule, and the
  622  other material required by this subparagraph, in the office of
  623  the agency head, and such rules must shall be open to the
  624  public.
  625         2. A rule may not be filed for adoption less than 28 days
  626  or more than 90 days after the notice required by paragraph (a),
  627  until 21 days after the notice of change required by paragraph
  628  (d), until 14 days after the final public hearing, until 21 days
  629  after a statement of estimated regulatory costs required under
  630  s. 120.541 has been provided to all persons who submitted a
  631  lower cost regulatory alternative and made available to the
  632  public at a readily accessible page on the agency’s website, or
  633  until the administrative law judge has rendered a decision under
  634  s. 120.56(2), whichever applies. When a required notice of
  635  change is published before prior to the expiration of the time
  636  to file the rule for adoption, the period during which a rule
  637  must be filed for adoption is extended to 45 days after the date
  638  of publication. If notice of a public hearing is published
  639  before prior to the expiration of the time to file the rule for
  640  adoption, the period during which a rule must be filed for
  641  adoption is extended to 45 days after adjournment of the final
  642  hearing on the rule, 21 days after receipt of all material
  643  authorized to be submitted at the hearing, or 21 days after
  644  receipt of the transcript, if one is made, whichever is latest.
  645  The term “public hearing” includes any public meeting held by
  646  any agency at which the rule is considered. If a petition for an
  647  administrative determination under s. 120.56(2) is filed, the
  648  period during which a rule must be filed for adoption is
  649  extended to 60 days after the administrative law judge files the
  650  final order with the clerk or until 60 days after subsequent
  651  judicial review is complete.
  652         3. At the time a rule is filed, the agency shall certify
  653  that the time limitations prescribed by this paragraph have been
  654  complied with, that all statutory rulemaking requirements have
  655  been met, and that there is no administrative determination
  656  pending on the rule.
  657         4. At the time a rule is filed, the committee shall certify
  658  whether the agency has responded in writing to all material and
  659  timely written comments or written inquiries made on behalf of
  660  the committee. The Department of State shall reject any rule
  661  that is not filed within the prescribed time limits; that does
  662  not comply with all statutory rulemaking requirements and rules
  663  of the Department of State; upon which an agency has not
  664  responded in writing to all material and timely written
  665  inquiries or written comments; upon which an administrative
  666  determination is pending; or which does not include a statement
  667  of estimated regulatory costs, if required.
  668         5. If a rule has not been adopted within the time limits
  669  imposed by this paragraph or has not been adopted in compliance
  670  with all statutory rulemaking requirements, the agency proposing
  671  the rule must shall withdraw the proposed rule and give notice
  672  of its action in the next available issue of the Florida
  673  Administrative Register.
  674         6. The proposed rule shall be adopted on being filed with
  675  the Department of State and becomes become effective 20 days
  676  after being filed, on a later date specified in the notice
  677  required by subparagraph (a)1., on a date required by statute,
  678  or upon ratification by the Legislature pursuant to s.
  679  120.541(3). Rules not required to be filed with the Department
  680  of State shall become effective when adopted by the agency head,
  681  on a later date specified by rule or statute, or upon
  682  ratification by the Legislature pursuant to s. 120.541(3). If
  683  the committee notifies an agency that an objection to a rule is
  684  being considered, the agency may postpone the adoption of the
  685  rule to accommodate review of the rule by the committee. When an
  686  agency postpones adoption of a rule to accommodate review by the
  687  committee, the 90-day period for filing the rule is tolled until
  688  the committee notifies the agency that it has completed its
  689  review of the rule.
  690  
  691  For the purposes of this paragraph, the term “administrative
  692  determination” does not include subsequent judicial review.
  693         (4) EMERGENCY RULES.—
  694         (e)Emergency rules must be published in the Florida
  695  Administrative Code.
  696         (f)An agency may not supersede an emergency rule currently
  697  in effect. Technical changes to an emergency rule may be made
  698  within the first 7 days after adoption of the rule.
  699         (7) PETITION TO INITIATE RULEMAKING.—
  700         (a) Any person regulated by an agency or having substantial
  701  interest in an agency rule may petition an agency to adopt,
  702  amend, or repeal a rule or to provide the minimum public
  703  information required by this chapter. The petition must shall
  704  specify the proposed rule and action requested. The agency shall
  705  file a copy of the petition with the committee. No Not later
  706  than 30 calendar days after following the date of filing a
  707  petition, the agency shall initiate rulemaking proceedings under
  708  this chapter, otherwise comply with the requested action, or
  709  deny the petition with a written statement of its reasons for
  710  the denial.
  711         Section 3. Section 120.541, Florida Statutes, is amended to
  712  read:
  713         120.541 Statement of estimated regulatory costs.—
  714         (1)(a) Within 21 days after publication of the notice of a
  715  proposed rule or notice of change required under s.
  716  120.54(3)(a), a substantially affected person may submit to an
  717  agency a good faith written proposal for a lower cost regulatory
  718  alternative to a proposed rule which substantially accomplishes
  719  the objectives of the law being implemented. The agency shall
  720  provide a copy of any proposal for a lower cost regulatory
  721  alternative to the committee at least 21 days before filing the
  722  rule for adoption. The proposal may include the alternative of
  723  not adopting any rule if the proposal explains how the lower
  724  costs and objectives of the law will be achieved by not adopting
  725  any rule. If submitted after a notice of change, a proposal for
  726  a lower cost regulatory alternative is deemed to be made in good
  727  faith only if the person reasonably believes, and the proposal
  728  states the person’s reasons for believing, that the proposed
  729  rule as changed by the notice of change increases the regulatory
  730  costs or creates an adverse impact on small businesses that was
  731  not created by the previous proposed rule. If such a proposal is
  732  submitted, the 90-day period for filing the rule is extended 21
  733  days. Upon the submission of the lower cost regulatory
  734  alternative, the agency shall prepare a statement of estimated
  735  regulatory costs as provided in subsection (2), or shall revise
  736  its prior statement of estimated regulatory costs, and either
  737  adopt the alternative proposal, reject the alternative proposal,
  738  or modify the proposed rule to reduce the regulatory costs. If
  739  the agency rejects the alternative proposal or modifies the
  740  proposed rule, the agency shall or provide a statement of the
  741  reasons for rejecting the alternative in favor of the proposed
  742  rule.
  743         (b)If a proposed rule will have an adverse impact on small
  744  business or if the proposed rule is likely to directly or
  745  indirectly increase regulatory costs in excess of $200,000 in
  746  the aggregate within 1 year after the implementation of the
  747  rule, the agency shall prepare a statement of estimated
  748  regulatory costs as required by s. 120.54(3)(b).
  749         (b)(c) The agency must shall revise a statement of
  750  estimated regulatory costs if any change to the rule made under
  751  s. 120.54(3)(d) increases the regulatory costs of the rule or if
  752  the rule is modified in response to the submission of a lower
  753  cost regulatory alternative. A summary of the revised statement
  754  must be included with any subsequent notice published under s.
  755  120.54(3).
  756         (c)(d) At least 21 days before filing the proposed rule for
  757  adoption, an agency that is required to revise a statement of
  758  estimated regulatory costs shall provide the statement to the
  759  person who submitted the lower cost regulatory alternative, to
  760  the rules ombudsman in the Executive Office of the Governor, and
  761  to the committee. The revised statement must be published and
  762  made available in the same manner as the original statement of
  763  estimated regulatory costs and shall provide notice on the
  764  agency’s website that it is available to the public.
  765         (d)(e) Notwithstanding s. 120.56(1)(c), the failure of the
  766  agency to prepare and publish a statement of estimated
  767  regulatory costs or to respond to a written lower cost
  768  regulatory alternative as provided in this subsection is a
  769  material failure to follow the applicable rulemaking procedures
  770  or requirements set forth in this chapter.
  771         (e)(f) An agency’s failure to prepare a statement of
  772  estimated regulatory costs or to respond to a written lower cost
  773  regulatory alternative may not be raised in a proceeding
  774  challenging the validity of a rule pursuant to s. 120.52(8)(a)
  775  unless:
  776         1. Raised in a petition filed no later than 1 year after
  777  the effective date of the rule; and
  778         2. Raised by a person whose substantial interests are
  779  affected by the rule’s regulatory costs.
  780         (f)(g) A rule that is challenged pursuant to s.
  781  120.52(8)(f) may not be declared invalid unless:
  782         1. The issue is raised in an administrative proceeding
  783  within 1 year after the effective date of the rule;
  784         2. The challenge is to the agency’s rejection of a lower
  785  cost regulatory alternative offered under paragraph (a) or s.
  786  120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and
  787         3. The substantial interests of the person challenging the
  788  rule are materially affected by the rejection.
  789         (2) A statement of estimated regulatory costs must shall
  790  include:
  791         (a) An economic analysis showing whether the rule directly
  792  or indirectly:
  793         1. Is likely to have an adverse impact on economic growth,
  794  private sector job creation or employment, or private sector
  795  investment in excess of $1 million in the aggregate within 5
  796  years after the implementation of the rule;
  797         2. Is likely to have an adverse impact on business
  798  competitiveness, including the ability of persons doing business
  799  in the state to compete with persons doing business in other
  800  states or domestic markets, productivity, or innovation in
  801  excess of $1 million in the aggregate within 5 years after the
  802  implementation of the rule; or
  803         3. Is likely to increase regulatory costs, including all
  804  any transactional costs and impacts estimated in the statement,
  805  in excess of $1 million in the aggregate within 5 years after
  806  the implementation of the rule.
  807         (b) A good faith estimate of the number of individuals,
  808  small businesses, and other entities likely to be required to
  809  comply with the rule, together with a general description of the
  810  types of individuals likely to be affected by the rule.
  811         (c) A good faith estimate of the cost to the agency, and to
  812  any other state and local government entities, of implementing
  813  and enforcing the proposed rule, and any anticipated effect on
  814  state or local revenues.
  815         (d) A good faith estimate of the compliance transactional
  816  costs likely to be incurred by individuals and entities,
  817  including local government entities, required to comply with the
  818  requirements of the rule. As used in this section,
  819  “transactional costs” are direct costs that are readily
  820  ascertainable based upon standard business practices, and
  821  include filing fees, the cost of obtaining a license, the cost
  822  of equipment required to be installed or used or procedures
  823  required to be employed in complying with the rule, additional
  824  operating costs incurred, the cost of monitoring and reporting,
  825  and any other costs necessary to comply with the rule.
  826         (e) An analysis of the impact on small businesses as
  827  defined by s. 288.703, and an analysis of the impact on small
  828  counties and small cities as defined in s. 120.52. The impact
  829  analysis for small businesses must include the basis for the
  830  agency’s decision not to implement alternatives that would
  831  reduce adverse impacts on small businesses.
  832         (f) Any additional information that the agency determines
  833  may be useful.
  834         (g) In the statement or revised statement, whichever
  835  applies, a description of any regulatory alternatives submitted
  836  under paragraph (1)(a) and a statement adopting the alternative
  837  or a statement of the reasons for rejecting the alternative in
  838  favor of the proposed rule.
  839         (3) If the adverse impact or regulatory costs of the rule
  840  exceed any of the criteria established in paragraph (2)(a), the
  841  rule must shall be submitted to the President of the Senate and
  842  Speaker of the House of Representatives no later than 30 days
  843  before prior to the next regular legislative session, and the
  844  rule may not take effect until it is ratified by the
  845  Legislature.
  846         (4) Subsection (3) does not apply to the adoption of:
  847         (a) Federal standards pursuant to s. 120.54(6).
  848         (b) Triennial updates of and amendments to the Florida
  849  Building Code which are expressly authorized by s. 553.73.
  850         (c) Triennial updates of and amendments to the Florida Fire
  851  Prevention Code which are expressly authorized by s. 633.202.
  852         (d)Emergency rules adopted pursuant to s. 120.54(4).
  853         (5) For purposes of subsections (2) and (3), adverse
  854  impacts and regulatory costs likely to occur within 5 years
  855  after implementation of the rule include adverse impacts and
  856  regulatory costs estimated to occur within 5 years after the
  857  effective date of the rule. However, if any provision of the
  858  rule is not fully implemented upon the effective date of the
  859  rule, the adverse impacts and regulatory costs associated with
  860  such provision must be adjusted to include any additional
  861  adverse impacts and regulatory costs estimated to occur within 5
  862  years after implementation of such provision.
  863         (6)(a)In evaluating the impacts described in paragraphs
  864  (2)(a) and (e), an agency shall include good faith estimates of
  865  market impacts likely to result from compliance with the
  866  proposed rule, including:
  867         1.Increased customer charges for goods or services.
  868         2.Decreased market value of goods or services produced,
  869  provided, or sold.
  870         3.Increased costs resulting from the purchase of
  871  substitute or alternative goods or services.
  872         4.The reasonable value of time to be spent by owners,
  873  officers, operators, and managers to understand and comply with
  874  the proposed rule, including, but not limited to, time to be
  875  spent to complete required education, training, or testing.
  876         5.Capital costs.
  877         6.Any other impacts suggested by the rules ombudsman in
  878  the Executive Office of the Governor or by any interested
  879  persons.
  880         (b)In estimating the information required in paragraphs
  881  (2)(b)-(e), the agency may use surveys of individuals,
  882  businesses, business organizations, counties, and municipalities
  883  to collect data helpful to estimate the costs and impacts.
  884         (c)In estimating compliance costs under paragraph (2)(d),
  885  the agency shall consider, among other matters, all direct and
  886  indirect costs necessary to comply with the proposed rule which
  887  are readily ascertainable based upon standard business
  888  practices, including, but not limited to, costs related to:
  889         1.Filing fees.
  890         2.Expenses to obtain a license.
  891         3.Necessary equipment.
  892         4.Installation, utilities, and maintenance of necessary
  893  equipment.
  894         5.Necessary operations and procedures.
  895         6.Accounting, financial, information management, and other
  896  administrative processes.
  897         7.Other processes.
  898         8.Labor based on relevant rates of wages, salaries, and
  899  benefits.
  900         9.Materials and supplies.
  901         10.Capital expenditures, including financing costs.
  902         11.Professional and technical services, including
  903  contracted services necessary to implement and maintain
  904  compliance.
  905         12.Monitoring and reporting.
  906         13.Qualifying and recurring education, training, and
  907  testing.
  908         14.Travel.
  909         15.Insurance and surety requirements.
  910         16.A fair and reasonable allocation of administrative
  911  costs and other overhead.
  912         17.Reduced sales or other revenues.
  913         18.Other items suggested by the rules ombudsman in the
  914  Executive Office of the Governor or by any interested person,
  915  business organization, or business representative.
  916         (7)(a)The Department of State shall include on the Florida
  917  Administrative Register website the agency website addresses
  918  where statements of estimated regulatory costs can be viewed in
  919  their entirety.
  920         (b)An agency that prepares a statement of estimated
  921  regulatory costs must provide, as part of the notice required
  922  under s. 120.54(3)(a), the agency website address where the
  923  statement of estimated regulatory costs can be read in its
  924  entirety to the Department of State for publication in the
  925  Florida Administrative Register.
  926         (c)If an agency revises its statement of estimated
  927  regulatory costs, the agency must provide notice that a revision
  928  has been made. Such notice must include the agency website
  929  address where the revision can be viewed in its entirety.
  930         Section 4. Section 120.5435, Florida Statutes, is created
  931  to read:
  932         120.5435Repromulgation of rules.—
  933         (1)It is the intent of the Legislature that each agency
  934  periodically review its rules for consistency with the powers
  935  and duties granted by its enabling statutes.
  936         (2)If an agency determines after review that substantive
  937  changes to update a rule are not required, such agency must
  938  repromulgate the rule to reflect the date of the review. Each
  939  agency shall review its rules pursuant to this section either 5
  940  years after July 1, 2023, if the rule was adopted before January
  941  1, 2010, or 10 years after the rule is adopted, if the rule was
  942  adopted on or after January 1, 2010. Failure of an agency to
  943  adhere to the deadlines imposed in this section shall be a basis
  944  for any person regulated by the agency or having substantial
  945  interest in the agency rule to petition the agency requesting a
  946  review of the rule in accordance with this section. Upon receipt
  947  of the petition, the agency shall have 30 days to either comply
  948  with the requirements of this section or, if the agency
  949  determines that the duties imposed on the agency are not
  950  applicable to the specified rule at that time, deny the petition
  951  with a statement explaining the basis for the denial.
  952         (3)Before repromulgation of a rule, the agency must, upon
  953  approval by the agency head or his or her designee:
  954         (a)Publish a notice of repromulgation in the Florida
  955  Administrative Register. A notice of repromulgation is not
  956  required to include the text of the rule being repromulgated.
  957         (b)File the rule for repromulgation with the Department of
  958  State. A rule may not be filed for repromulgation less than 28
  959  days, and not more than 90 days, after the date of publication
  960  of the notice required by paragraph (a).
  961         (4)The agency must file a notice of repromulgation with
  962  the committee at least 14 days before filing the rule for
  963  repromulgation. At the time the rule is filed for
  964  repromulgation, the committee shall certify whether the agency
  965  has responded in writing to all material and timely written
  966  comments or written inquiries made on behalf of the committee.
  967         (5)A repromulgated rule is not subject to challenge as a
  968  proposed rule pursuant to s. 120.56(2).
  969         (6)The hearing requirements of s. 120.54 do not apply to
  970  repromulgation of a rule.
  971         (7)(a)The agency, upon approval of the agency head or his
  972  or her designee, shall file with the Department of State three
  973  certified copies of the repromulgated rule it proposes to adopt
  974  and one certified copy of any material incorporated by reference
  975  in the rule.
  976         (b)The repromulgated rule shall be adopted upon filing
  977  with the Department of State and becomes effective 20 days after
  978  the date it is filed.
  979         (c)The Department of State shall update the history note
  980  of the rule in the Florida Administrative Code to reflect the
  981  effective date of the repromulgated rule.
  982         (8)Any rule that is not repromulgated in accordance with
  983  this section must be submitted to the President of the Senate
  984  and the Speaker of the House of Representatives within 7 days
  985  after the decision to not repromulgate the rule. The decision to
  986  not repromulgate may not become effective until adjournment sine
  987  die of the next regular session of the Legislature following
  988  such decision.
  989         (9)The Department of State shall adopt rules to implement
  990  this section by December 31, 2023.
  991         Section 5. Section 120.5436, Florida Statutes, is created
  992  to read:
  993         120.5436 Infrastructure and environmental permitting
  994  review.—
  995         (1)(a)It is the intent of the Legislature to build a more
  996  resilient and responsive government infrastructure to allow for
  997  quick recovery after natural disasters, including hurricanes and
  998  tropical storms.
  999         (b)It is further the intent of the Legislature to promote
 1000  efficiency in state government across all branches, agencies,
 1001  and other governmental entities and to identify any areas of
 1002  improvement that would allow for the quick and effective
 1003  delivery of services.
 1004         (c)Further, it is intended that the state seek out ways to
 1005  improve its administrative procedures in relevant fields to
 1006  build a streamlined permitting process that withstands
 1007  disruptions caused by natural disasters, including hurricanes
 1008  and tropical storms.
 1009         (2)(a)The Department of Environmental Protection and each
 1010  water management district shall conduct a holistic review of the
 1011  current coastal permitting processes and other permit programs.
 1012  These permitting processes must include, but need not be limited
 1013  to, the coastal construction control line permits, joint coastal
 1014  permits, environmental resource permits, and, consistent with
 1015  the terms of the Environmental Protection Agency’s approval,
 1016  state administered section 404 permits.
 1017         (b)The scope and purpose of the review must be to identify
 1018  areas of improvement and to increase efficiency within each
 1019  process. The review must consider the following factors:
 1020         1.The requirements to obtain a permit;
 1021         2.Time periods for review, including review by commenting
 1022  agencies, and the approval process of the permit application;
 1023         3.Areas for improved efficiency and decision-point
 1024  consolidation within a single project’s process;
 1025         4.Areas of duplication across one or more permit programs;
 1026         5.The methods of requesting permits; and
 1027         6.Any other factors that can increase the efficiency of
 1028  the permit processes to allow for improved storm recovery.
 1029         (c)By December 31, 2023, the department and each water
 1030  management district shall provide their findings and proposed
 1031  solutions in a report to the Governor, the President of the
 1032  Senate, and the Speaker of the House of Representatives.
 1033         Section 6. Subsection (1) of section 120.545, Florida
 1034  Statutes, is amended to read:
 1035         120.545 Committee review of agency rules.—
 1036         (1) As a legislative check on legislatively created
 1037  authority, the committee shall examine each existing rule and
 1038  proposed rule, except for those proposed rules exempted by s.
 1039  120.81(1)(e) and (2), and its accompanying material, and each
 1040  emergency rule, and may examine any existing rule, for the
 1041  purpose of determining whether:
 1042         (a) The rule is an invalid exercise of delegated
 1043  legislative authority.
 1044         (b) The statutory authority for the rule has been repealed.
 1045         (c) The rule reiterates or paraphrases statutory material.
 1046         (d) The rule is in proper form.
 1047         (e) The notice given before prior to its adoption was
 1048  sufficient to give adequate notice of the purpose and effect of
 1049  the rule.
 1050         (f) The rule is consistent with expressed legislative
 1051  intent pertaining to the specific provisions of law which the
 1052  rule implements.
 1053         (g) The rule is necessary to accomplish the apparent or
 1054  expressed objectives of the specific provision of law which the
 1055  rule implements.
 1056         (h) The rule is a reasonable implementation of the law as
 1057  it affects the convenience of the general public or persons
 1058  particularly affected by the rule.
 1059         (i) The rule could be made less complex or more easily
 1060  comprehensible to the general public.
 1061         (j) The rule’s statement of estimated regulatory costs
 1062  complies with the requirements of s. 120.541 and whether the
 1063  rule does not impose regulatory costs on the regulated person,
 1064  county, or city which could be reduced by the adoption of less
 1065  costly alternatives that substantially accomplish the statutory
 1066  objectives.
 1067         (k) The rule will require additional appropriations.
 1068         (l) If the rule is an emergency rule, there exists an
 1069  emergency justifying the adoption of such rule, the agency is
 1070  within its statutory authority, and the rule was adopted in
 1071  compliance with the requirements and limitations of s.
 1072  120.54(4).
 1073         Section 7. Paragraphs (a) and (c) of subsection (1) of
 1074  section 120.55, Florida Statutes, are amended to read:
 1075         120.55 Publication.—
 1076         (1) The Department of State shall:
 1077         (a)1. Through a continuous revision and publication system,
 1078  compile and publish electronically, on a website managed by the
 1079  department, the “Florida Administrative Code.” The Florida
 1080  Administrative Code must shall contain all rules adopted by each
 1081  agency, citing the grant of rulemaking authority and the
 1082  specific law implemented pursuant to which each rule was
 1083  adopted, all history notes as authorized in s. 120.545(7),
 1084  complete indexes to all rules contained in the code, and any
 1085  other material required or authorized by law or deemed useful by
 1086  the department. The electronic code must shall display each rule
 1087  chapter currently in effect in browse mode and allow full text
 1088  search of the code and each rule chapter. The department may
 1089  contract with a publishing firm for a printed publication;
 1090  however, the department shall retain responsibility for the code
 1091  as provided in this section. The electronic publication is shall
 1092  be the official compilation of the administrative rules of this
 1093  state. The Florida Administrative Code must be published daily
 1094  by 8 a.m. If a rule, after publication, is corrected and
 1095  replaced, the Florida Administrative Code must indicate:
 1096         a.That the Florida Administrative Code has been
 1097  republished; and
 1098         b.That the rule that has been corrected by the Department
 1099  of State.
 1100  
 1101  The Department of State retains shall retain the copyright over
 1102  the Florida Administrative Code.
 1103         2. Not publish rules in the Florida Administrative Code
 1104  which are general in form but applicable to only one school
 1105  district, community college district, or county, or a part
 1106  thereof, or state university rules relating to internal
 1107  personnel or business and finance shall not be published in the
 1108  Florida Administrative Code. Exclusion from publication in the
 1109  Florida Administrative Code does shall not affect the validity
 1110  or effectiveness of such rules.
 1111         3. At the beginning of the section of the code dealing with
 1112  an agency that files copies of its rules with the department,
 1113  the department shall publish the address and telephone number of
 1114  the executive offices of each agency, the manner by which the
 1115  agency indexes its rules, a listing of all rules of that agency
 1116  excluded from publication in the code, and a statement as to
 1117  where those rules may be inspected.
 1118         4. Not publish forms shall not be published in the Florida
 1119  Administrative Code; but any form which an agency uses in its
 1120  dealings with the public, along with any accompanying
 1121  instructions, shall be filed with the committee before it is
 1122  used. Any form or instruction which meets the definition of
 1123  “rule” provided in s. 120.52 must shall be incorporated by
 1124  reference into the appropriate rule. The reference must shall
 1125  specifically state that the form is being incorporated by
 1126  reference and must shall include the number, title, and
 1127  effective date of the form and an explanation of how the form
 1128  may be obtained. Each form created by an agency which is
 1129  incorporated by reference in a rule notice of which is given
 1130  under s. 120.54(3)(a) after December 31, 2007, must clearly
 1131  display the number, title, and effective date of the form and
 1132  the number of the rule in which the form is incorporated.
 1133         5. Require all materials incorporated by reference in any
 1134  part of an adopted rule and in any part of a repromulgated rule
 1135  The department shall allow adopted rules and material
 1136  incorporated by reference to be filed in the manner prescribed
 1137  by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by
 1138  department rule. When a rule is filed for adoption or
 1139  repromulgation with incorporated material in electronic form,
 1140  the department’s publication of the Florida Administrative Code
 1141  on its website must contain a hyperlink from the incorporating
 1142  reference in the rule directly to that material. The department
 1143  may not allow hyperlinks from rules in the Florida
 1144  Administrative Code to any material other than that filed with
 1145  and maintained by the department, but may allow hyperlinks to
 1146  incorporated material maintained by the department from the
 1147  adopting agency’s website or other sites.
 1148         6.Include the date of any technical changes to a rule in
 1149  the history note of the rule in the Florida Administrative Code.
 1150  A technical change does not affect the effective date of the
 1151  rule.
 1152         (c) Prescribe by rule the style and form required for
 1153  rules, notices, and other materials submitted for filing,
 1154  including a rule requiring documents created by an agency that
 1155  are proposed to be incorporated by reference in notices
 1156  published pursuant to s. 120.54(3)(a) and (d) to be coded in the
 1157  same manner as notices published pursuant to s. 120.54(3)(a)1.
 1158         Section 8. Paragraph (a) of subsection (2) of section
 1159  120.56, Florida Statutes, is amended to read:
 1160         120.56 Challenges to rules.—
 1161         (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—
 1162         (a) A petition alleging the invalidity of a proposed rule
 1163  shall be filed within 21 days after the date of publication of
 1164  the notice required by s. 120.54(3)(a); within 10 days after the
 1165  final public hearing is held on the proposed rule as provided by
 1166  s. 120.54(3)(e)2.; within 20 days after the statement of
 1167  estimated regulatory costs or revised statement of estimated
 1168  regulatory costs, if applicable, has been prepared and made
 1169  available as provided in s. 120.541(1)(c) s. 120.541(1)(d); or
 1170  within 20 days after the date of publication of the notice
 1171  required by s. 120.54(3)(d). The petitioner has the burden to
 1172  prove by a preponderance of the evidence that the petitioner
 1173  would be substantially affected by the proposed rule. The agency
 1174  then has the burden to prove by a preponderance of the evidence
 1175  that the proposed rule is not an invalid exercise of delegated
 1176  legislative authority as to the objections raised. A person who
 1177  is not substantially affected by the proposed rule as initially
 1178  noticed, but who is substantially affected by the rule as a
 1179  result of a change, may challenge any provision of the resulting
 1180  proposed rule.
 1181         Section 9. Subsection (1) and paragraph (a) of subsection
 1182  (2) of section 120.74, Florida Statutes, are amended to read:
 1183         120.74 Agency annual rulemaking and regulatory plans;
 1184  reports.—
 1185         (1) REGULATORY PLAN.—By October 1 of each year, each agency
 1186  shall prepare a regulatory plan.
 1187         (a) The plan must include a listing of each law enacted or
 1188  amended during the previous 12 months which creates or modifies
 1189  the duties or authority of the agency. If the Governor or the
 1190  Attorney General provides a letter to the committee stating that
 1191  a law affects all or most agencies, the agency may exclude the
 1192  law from its plan. For each law listed by an agency under this
 1193  paragraph, the plan must state:
 1194         1. Whether the agency must adopt rules to implement the
 1195  law.
 1196         2. If rulemaking is necessary to implement the law:
 1197         a. Whether a notice of rule development has been published
 1198  and, if so, the citation to such notice in the Florida
 1199  Administrative Register.
 1200         b. The date by which the agency expects to publish the
 1201  notice of proposed rule under s. 120.54(3)(a).
 1202         3. If rulemaking is not necessary to implement the law, a
 1203  concise written explanation of the reasons why the law may be
 1204  implemented without rulemaking.
 1205         (b) The plan must also identify and describe each rule,
 1206  including each rule number or proposed rule number, that include
 1207  a listing of each law not otherwise listed pursuant to paragraph
 1208  (a) which the agency expects to develop, adopt, or repeal for
 1209  the 12-month period beginning on October 1 and ending on
 1210  September 30 implement by rulemaking before the following July
 1211  1, excluding emergency rules except emergency rulemaking. For
 1212  each rule law listed under this paragraph, the plan must state
 1213  whether the rulemaking is intended to simplify, clarify,
 1214  increase efficiency, improve coordination with other agencies,
 1215  reduce regulatory costs, or delete obsolete, unnecessary, or
 1216  redundant rules.
 1217         (c) The plan must include any desired update to the prior
 1218  year’s regulatory plan or supplement published pursuant to
 1219  subsection (7). If, in a prior year, a law was identified under
 1220  this paragraph or under subparagraph (a)1. as a law requiring
 1221  rulemaking to implement but a notice of proposed rule has not
 1222  been published:
 1223         1. The agency must shall identify and again list such law,
 1224  noting the applicable notice of rule development by citation to
 1225  the Florida Administrative Register; or
 1226         2. If the agency has subsequently determined that
 1227  rulemaking is not necessary to implement the law, the agency
 1228  must shall identify such law, reference the citation to the
 1229  applicable notice of rule development in the Florida
 1230  Administrative Register, and provide a concise written
 1231  explanation of the reason why the law may be implemented without
 1232  rulemaking.
 1233         (d) The plan must identify any rules that are required to
 1234  be repromulgated pursuant to s. 120.5435 for the 12-month period
 1235  beginning on October 1 and ending on September 30.
 1236         (e) The plan must include a certification executed on
 1237  behalf of the agency by both the agency head, or, if the agency
 1238  head is a collegial body, the presiding officer; and the
 1239  individual acting as principal legal advisor to the agency head.
 1240  The certification must declare:
 1241         1. Verify That the persons executing the certification have
 1242  reviewed the plan.
 1243         2. Verify That the agency regularly reviews all of its
 1244  rules and identify the period during which all rules have most
 1245  recently been reviewed to determine if the rules remain
 1246  consistent with the agency’s rulemaking authority and the laws
 1247  implemented.
 1248         3. That the agency understands that regulatory
 1249  accountability is necessary to ensure public confidence in the
 1250  integrity of state government and, to that end, the agency is
 1251  diligently working toward lowering the total number of rules
 1252  adopted.
 1253         4. The total number of rules adopted and repealed during
 1254  the previous 12 months.
 1255         (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
 1256         (a) By October 1 of each year, each agency shall:
 1257         1. Publish its regulatory plan on its website or on another
 1258  state website established for publication of administrative law
 1259  records. A clearly labeled hyperlink to the current plan must be
 1260  included on the agency’s primary website homepage.
 1261         2. Electronically deliver to the committee a copy of the
 1262  certification required in paragraph (1)(e) (1)(d).
 1263         3. Publish in the Florida Administrative Register a notice
 1264  identifying the date of publication of the agency’s regulatory
 1265  plan. The notice must include a hyperlink or website address
 1266  providing direct access to the published plan.
 1267         Section 10. Subsection (11) of section 120.80, Florida
 1268  Statutes, is amended to read:
 1269         120.80 Exceptions and special requirements; agencies.—
 1270         (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s.
 1271  120.52(16), the enlistment, organization, administration,
 1272  equipment, maintenance, training, and discipline of the militia,
 1273  National Guard, organized militia, and unorganized militia, as
 1274  provided by s. 2, Art. X of the State Constitution, are not
 1275  rules as defined by this chapter.
 1276         Section 11. Paragraph (c) of subsection (1) of section
 1277  120.81, Florida Statutes, is amended to read:
 1278         120.81 Exceptions and special requirements; general areas.—
 1279         (1) EDUCATIONAL UNITS.—
 1280         (c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests,
 1281  test scoring criteria, or testing procedures relating to student
 1282  assessment which are developed or administered by the Department
 1283  of Education pursuant to s. 1003.4282, s. 1008.22, or s.
 1284  1008.25, or any other statewide educational tests required by
 1285  law, are not rules.
 1286         Section 12. Paragraph (a) of subsection (1) of section
 1287  420.9072, Florida Statutes, is amended to read:
 1288         420.9072 State Housing Initiatives Partnership Program.—The
 1289  State Housing Initiatives Partnership Program is created for the
 1290  purpose of providing funds to counties and eligible
 1291  municipalities as an incentive for the creation of local housing
 1292  partnerships, to expand production of and preserve affordable
 1293  housing, to further the housing element of the local government
 1294  comprehensive plan specific to affordable housing, and to
 1295  increase housing-related employment.
 1296         (1)(a) In addition to the legislative findings set forth in
 1297  s. 420.6015, the Legislature finds that affordable housing is
 1298  most effectively provided by combining available public and
 1299  private resources to conserve and improve existing housing and
 1300  provide new housing for very-low-income households, low-income
 1301  households, and moderate-income households. The Legislature
 1302  intends to encourage partnerships in order to secure the
 1303  benefits of cooperation by the public and private sectors and to
 1304  reduce the cost of housing for the target group by effectively
 1305  combining all available resources and cost-saving measures. The
 1306  Legislature further intends that local governments achieve this
 1307  combination of resources by encouraging active partnerships
 1308  between government, lenders, builders and developers, real
 1309  estate professionals, advocates for low-income persons, and
 1310  community groups to produce affordable housing and provide
 1311  related services. Extending the partnership concept to encompass
 1312  cooperative efforts among small counties as defined in s.
 1313  120.52(20) s. 120.52(19), and among counties and municipalities
 1314  is specifically encouraged. Local governments are also intended
 1315  to establish an affordable housing advisory committee to
 1316  recommend monetary and nonmonetary incentives for affordable
 1317  housing as provided in s. 420.9076.
 1318         Section 13. Subsection (7) of section 420.9075, Florida
 1319  Statutes, is amended to read:
 1320         420.9075 Local housing assistance plans; partnerships.—
 1321         (7) The moneys deposited in the local housing assistance
 1322  trust fund shall be used to administer and implement the local
 1323  housing assistance plan. The cost of administering the plan may
 1324  not exceed 5 percent of the local housing distribution moneys
 1325  and program income deposited into the trust fund. A county or an
 1326  eligible municipality may not exceed the 5-percent limitation on
 1327  administrative costs, unless its governing body finds, by
 1328  resolution, that 5 percent of the local housing distribution
 1329  plus 5 percent of program income is insufficient to adequately
 1330  pay the necessary costs of administering the local housing
 1331  assistance plan. The cost of administering the program may not
 1332  exceed 10 percent of the local housing distribution plus 5
 1333  percent of program income deposited into the trust fund, except
 1334  that small counties, as defined in s. 120.52(20) s. 120.52(19),
 1335  and eligible municipalities receiving a local housing
 1336  distribution of up to $350,000 may use up to 10 percent of
 1337  program income for administrative costs.
 1338         Section 14. Paragraph (d) of subsection (1) of section
 1339  443.091, Florida Statutes, is amended to read:
 1340         443.091 Benefit eligibility conditions.—
 1341         (1) An unemployed individual is eligible to receive
 1342  benefits for any week only if the Department of Economic
 1343  Opportunity finds that:
 1344         (d) She or he is able to work and is available for work. In
 1345  order to assess eligibility for a claimed week of unemployment,
 1346  the department shall develop criteria to determine a claimant’s
 1347  ability to work and availability for work. A claimant must be
 1348  actively seeking work in order to be considered available for
 1349  work. This means engaging in systematic and sustained efforts to
 1350  find work, including contacting at least five prospective
 1351  employers for each week of unemployment claimed. The department
 1352  may require the claimant to provide proof of such efforts to the
 1353  one-stop career center as part of reemployment services. A
 1354  claimant’s proof of work search efforts may not include the same
 1355  prospective employer at the same location in 3 consecutive
 1356  weeks, unless the employer has indicated since the time of the
 1357  initial contact that the employer is hiring. The department
 1358  shall conduct random reviews of work search information provided
 1359  by claimants. As an alternative to contacting at least five
 1360  prospective employers for any week of unemployment claimed, a
 1361  claimant may, for that same week, report in person to a one-stop
 1362  career center to meet with a representative of the center and
 1363  access reemployment services of the center. The center shall
 1364  keep a record of the services or information provided to the
 1365  claimant and shall provide the records to the department upon
 1366  request by the department. However:
 1367         1. Notwithstanding any other provision of this paragraph or
 1368  paragraphs (b) and (e), an otherwise eligible individual may not
 1369  be denied benefits for any week because she or he is in training
 1370  with the approval of the department, or by reason of s.
 1371  443.101(2) relating to failure to apply for, or refusal to
 1372  accept, suitable work. Training may be approved by the
 1373  department in accordance with criteria prescribed by rule. A
 1374  claimant’s eligibility during approved training is contingent
 1375  upon satisfying eligibility conditions prescribed by rule.
 1376         2. Notwithstanding any other provision of this chapter, an
 1377  otherwise eligible individual who is in training approved under
 1378  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1379  determined ineligible or disqualified for benefits due to
 1380  enrollment in such training or because of leaving work that is
 1381  not suitable employment to enter such training. As used in this
 1382  subparagraph, the term “suitable employment” means work of a
 1383  substantially equal or higher skill level than the worker’s past
 1384  adversely affected employment, as defined for purposes of the
 1385  Trade Act of 1974, as amended, the wages for which are at least
 1386  80 percent of the worker’s average weekly wage as determined for
 1387  purposes of the Trade Act of 1974, as amended.
 1388         3. Notwithstanding any other provision of this section, an
 1389  otherwise eligible individual may not be denied benefits for any
 1390  week because she or he is before any state or federal court
 1391  pursuant to a lawfully issued summons to appear for jury duty.
 1392         4. Union members who customarily obtain employment through
 1393  a union hiring hall may satisfy the work search requirements of
 1394  this paragraph by reporting daily to their union hall.
 1395         5. The work search requirements of this paragraph do not
 1396  apply to persons who are unemployed as a result of a temporary
 1397  layoff or who are claiming benefits under an approved short-time
 1398  compensation plan as provided in s. 443.1116.
 1399         6. In small counties as defined in s. 120.52(20) s.
 1400  120.52(19), a claimant engaging in systematic and sustained
 1401  efforts to find work must contact at least three prospective
 1402  employers for each week of unemployment claimed.
 1403         7. The work search requirements of this paragraph do not
 1404  apply to persons required to participate in reemployment
 1405  services under paragraph (e).
 1406         Section 15. This act shall take effect July 1, 2023.