1 | A bill to be entitled |
2 | An act relating to administrative procedures; amending s. |
3 | 11.60, F.S.; requiring the Administrative Procedures |
4 | Committee to provide certain assistance with a review of |
5 | rules and nonrule policy; amending ss. 11.908, 11.911, and |
6 | 11.919, F.S.; conforming terminology; amending s. 120.52, |
7 | F.S.; defining the term "nonrule policy"; amending s. |
8 | 120.54, F.S.; conforming terminology; amending s. 120.545, |
9 | F.S.; requiring the committee to establish a system for |
10 | persons to submit proposals for the repeal of certain |
11 | rules and nonrule policy; directing the committee to |
12 | provide certain information to the Small Employer |
13 | Regulatory Advisory Council and applicable agencies; |
14 | requiring agencies to display a poster containing |
15 | specified information; amending ss. 120.80 and 120.81, |
16 | F.S.; conforming cross-references; amending s. 288.7001, |
17 | F.S.; defining the terms "nonrule policy" and "small |
18 | employer" and conforming other definitions to changes made |
19 | by the act; renaming the Small Business Regulatory |
20 | Advisory Council as the Small Employer Regulatory Advisory |
21 | Council; revising qualifications of council members; |
22 | revising powers and duties of the council; revising |
23 | authority of the council to review rules; providing for |
24 | the council's review of nonrule policy; amending s. |
25 | 288.7002, F.S.; requiring the Florida Small Business |
26 | Advocate to provide certain assistance with the council's |
27 | review of rules and nonrule policy; conforming terminology |
28 | and other provisions to changes made by the act; amending |
29 | ss. 420.9072 and 420.9075, F.S.; conforming cross- |
30 | references; directing agencies to establish workgroups to |
31 | identify rules and nonrule policy that impact small |
32 | employers; requiring agencies to review and repeal certain |
33 | rules and nonrule policy by a specified date; authorizing |
34 | the director of the Florida Small Business Development |
35 | Center Network to extend the deadline under certain |
36 | circumstances; directing agencies to submit specified |
37 | information to the council; directing the Florida Small |
38 | Business Advocate and Administrative Procedures Committee |
39 | to assist agencies in reviewing rules and nonrule policy; |
40 | requiring the council and the Office of Program Policy |
41 | Analysis and Government Accountability to submit reports |
42 | to the Governor and Legislature; requiring an agency head |
43 | to appear before the committee and submit an explanation |
44 | of the agency's failure to comply with the act under |
45 | certain circumstances; requiring the committee's review of |
46 | the agency's explanation; providing for future repeal; |
47 | providing an effective date. |
48 |
|
49 | Be It Enacted by the Legislature of the State of Florida: |
50 |
|
51 | Section 1. Paragraph (n) is added to subsection (2) of |
52 | section 11.60, Florida Statutes, to read: |
53 | 11.60 Administrative Procedures Committee; creation; |
54 | membership; powers; duties.-- |
55 | (2) The committee shall: |
56 | (n) Assist the Small Employer Regulatory Advisory Council |
57 | with the council's periodic review of rules and nonrule policy |
58 | under s. 288.7001. |
59 | Section 2. Subsection (2) of section 11.908, Florida |
60 | Statutes, is amended to read: |
61 | 11.908 Committee duties.--No later than March 1 of the |
62 | year in which a state agency or its advisory committees are |
63 | scheduled to be reviewed, the committee shall and the joint |
64 | committee may: |
65 | (2) Consult with the Legislative Budget Commission, the |
66 | Small Employer Business Regulatory Advisory Council, relevant |
67 | substantive and appropriations committees of the Senate and the |
68 | House of Representatives, the Governor's Office of Policy and |
69 | Budgeting, the Auditor General, and the Chief Financial Officer, |
70 | or their successors, relating to the review of the agency and |
71 | its advisory committees. |
72 | Section 3. Paragraph (a) of subsection (2) of section |
73 | 11.911, Florida Statutes, is amended to read: |
74 | 11.911 Committee recommendations.-- |
75 | (2) In its report on a state agency, the joint committee |
76 | shall: |
77 | (a) Make recommendations on the abolition, continuation, |
78 | or reorganization of each state agency and its advisory |
79 | committees and on the need for the performance of the functions |
80 | of the agency and its advisory committees. If the committee |
81 | recommends continuation or reorganization, the committee shall |
82 | include in its recommendations the report of the Small Employer |
83 | Business Regulatory Advisory Council, as provided in s. |
84 | 288.7001, regarding the rules of each agency. |
85 | Section 4. Subsection (1) of section 11.919, Florida |
86 | Statutes, is amended to read: |
87 | 11.919 Assistance of and access to state agencies.-- |
88 | (1) The committee and the Small Employer Business |
89 | Regulatory Advisory Council may access or request information |
90 | and request the assistance of state agencies and officers. When |
91 | assistance is requested, a state agency or officer shall assist |
92 | the committee and the Small Employer Business Regulatory |
93 | Advisory Council. |
94 | Section 5. Subsections (12) through (22) of section |
95 | 120.52, Florida Statutes, are renumbered as subsections (13) |
96 | through (23), respectively, and a new subsection (12) is added |
97 | to that section to read: |
98 | 120.52 Definitions.--As used in this act: |
99 | (12) "Nonrule policy" means each agency statement of |
100 | general applicability that implements, interprets, or prescribes |
101 | law or policy or describes the procedure or practice |
102 | requirements of an agency, and includes any form that imposes |
103 | any requirement or solicits any information not specifically |
104 | required by statute or by an existing rule, but that is not a |
105 | rule. The term includes an unadopted rule. |
106 | Section 6. Paragraph (b) of subsection (3) of section |
107 | 120.54, Florida Statutes, is amended to read: |
108 | 120.54 Rulemaking.-- |
109 | (3) ADOPTION PROCEDURES.-- |
110 | (b) Special matters to be considered in rule adoption.-- |
111 | 1. Statement of estimated regulatory costs.--Prior to the |
112 | adoption, amendment, or repeal of any rule other than an |
113 | emergency rule, an agency is encouraged to prepare a statement |
114 | of estimated regulatory costs of the proposed rule, as provided |
115 | by s. 120.541. However, an agency shall prepare a statement of |
116 | estimated regulatory costs of the proposed rule, as provided by |
117 | s. 120.541, if the proposed rule will have an impact on small |
118 | business. |
119 | 2. Small businesses, small counties, and small cities.-- |
120 | a. Each agency, before the adoption, amendment, or repeal |
121 | of a rule, shall consider the impact of the rule on small |
122 | businesses as defined by s. 288.703 and the impact of the rule |
123 | on small counties or small cities as defined by s. 120.52. |
124 | Whenever practicable, an agency shall tier its rules to reduce |
125 | disproportionate impacts on small businesses, small counties, or |
126 | small cities to avoid regulating small businesses, small |
127 | counties, or small cities that do not contribute significantly |
128 | to the problem the rule is designed to address. An agency may |
129 | define "small business" to include businesses employing more |
130 | than 100 persons, may define "small county" to include those |
131 | with populations of more than 75,000, and may define "small |
132 | city" to include those with populations of more than 10,000, if |
133 | it finds that such a definition is necessary to adapt a rule to |
134 | the needs and problems of small businesses, small counties, or |
135 | small cities. The agency shall consider each of the following |
136 | methods for reducing the impact of the proposed rule on small |
137 | businesses, small counties, and small cities, or any combination |
138 | of these entities: |
139 | (I) Establishing less stringent compliance or reporting |
140 | requirements in the rule. |
141 | (II) Establishing less stringent schedules or deadlines in |
142 | the rule for compliance or reporting requirements. |
143 | (III) Consolidating or simplifying the rule's compliance |
144 | or reporting requirements. |
145 | (IV) Establishing performance standards or best-management |
146 | practices to replace design or operational standards in the |
147 | rule. |
148 | (V) Exempting small businesses, small counties, or small |
149 | cities from any or all requirements of the rule. |
150 | b.(I) If the agency determines that the proposed action |
151 | will affect small businesses as defined by the agency as |
152 | provided in sub-subparagraph a., the agency shall send written |
153 | notice of the rule to the Small Employer Business Regulatory |
154 | Advisory Council and the Office of Tourism, Trade, and Economic |
155 | Development not less than 28 days prior to the intended action. |
156 | (II) Each agency shall adopt those regulatory alternatives |
157 | offered by the Small Employer Business Regulatory Advisory |
158 | Council and provided to the agency no later than 21 days after |
159 | the council's receipt of the written notice of the rule which it |
160 | finds are feasible and consistent with the stated objectives of |
161 | the proposed rule and which would reduce the impact on small |
162 | businesses. When regulatory alternatives are offered by the |
163 | Small Employer Business Regulatory Advisory Council, the 90-day |
164 | period for filing the rule in subparagraph (e)2. is extended for |
165 | a period of 21 days. |
166 | (III) If an agency does not adopt all alternatives offered |
167 | pursuant to this sub-subparagraph, it shall, prior to rule |
168 | adoption or amendment and pursuant to subparagraph (d)1., file a |
169 | detailed written statement with the committee explaining the |
170 | reasons for failure to adopt such alternatives. Within 3 working |
171 | days of the filing of such notice, the agency shall send a copy |
172 | of such notice to the Small Employer Business Regulatory |
173 | Advisory Council. The Small Employer Business Regulatory |
174 | Advisory Council may make a request of the President of the |
175 | Senate and the Speaker of the House of Representatives that the |
176 | presiding officers direct the Office of Program Policy Analysis |
177 | and Government Accountability to determine whether the rejected |
178 | alternatives reduce the impact on small business while meeting |
179 | the stated objectives of the proposed rule. Within 60 days after |
180 | the date of the directive from the presiding officers, the |
181 | Office of Program Policy Analysis and Government Accountability |
182 | shall report to the Administrative Procedures Committee its |
183 | findings as to whether an alternative reduces the impact on |
184 | small business while meeting the stated objectives of the |
185 | proposed rule. The Office of Program Policy Analysis and |
186 | Government Accountability shall consider the proposed rule, the |
187 | economic impact statement, the written statement of the agency, |
188 | the proposed alternatives, and any comment submitted during the |
189 | comment period on the proposed rule. The Office of Program |
190 | Policy Analysis and Government Accountability shall submit a |
191 | report of its findings and recommendations to the Governor, the |
192 | President of the Senate, and the Speaker of the House of |
193 | Representatives. The Administrative Procedures Committee shall |
194 | report such findings to the agency, and the agency shall respond |
195 | in writing to the Administrative Procedures Committee if the |
196 | Office of Program Policy Analysis and Government Accountability |
197 | found that the alternative reduced the impact on small business |
198 | while meeting the stated objectives of the proposed rule. If the |
199 | agency will not adopt the alternative, it must also provide a |
200 | detailed written statement to the committee as to why it will |
201 | not adopt the alternative. |
202 | Section 7. Subsection (9) is added to section 120.545, |
203 | Florida Statutes, to read: |
204 | 120.545 Committee review of agency rules.-- |
205 | (9)(a) The committee shall establish a system that permits |
206 | a person to identify provisions of an agency's rule or nonrule |
207 | policy that the person suggests have an impact on small |
208 | employers as defined in s. 288.7001 and propose that the agency |
209 | repeal the rule or discontinue all reliance upon the nonrule |
210 | policy. The system must allow a person to submit his or her |
211 | proposal through a statewide toll-free telephone number or |
212 | Internet website and give the person the option to submit the |
213 | proposal without disclosing the person's name or personal |
214 | identifying information. The committee shall forward a copy of |
215 | each proposal to the Small Employer Regulatory Advisory Council |
216 | and to the applicable agency. |
217 | (b) The committee shall create and make available to each |
218 | agency a poster in English and in Spanish that notifies the |
219 | public of this subsection. The poster must include the statewide |
220 | toll-free telephone number and Internet website. Each agency |
221 | shall prominently display the poster at each location at which |
222 | it displays the Florida minimum wage poster required under s. |
223 | 448.109. |
224 | Section 8. Subsection (11) of section 120.80, Florida |
225 | Statutes, is amended to read: |
226 | 120.80 Exceptions and special requirements; agencies.-- |
227 | (11) NATIONAL GUARD.--Notwithstanding s. 120.52(17)(16), |
228 | the enlistment, organization, administration, equipment, |
229 | maintenance, training, and discipline of the militia, National |
230 | Guard, organized militia, and unorganized militia, as provided |
231 | by s. 2, Art. X of the State Constitution, are not rules as |
232 | defined by this chapter. |
233 | Section 9. Paragraph (c) of subsection (1) and paragraph |
234 | (a) of subsection (3) of section 120.81, Florida Statutes, are |
235 | amended to read: |
236 | 120.81 Exceptions and special requirements; general |
237 | areas.-- |
238 | (1) EDUCATIONAL UNITS.-- |
239 | (c) Notwithstanding s. 120.52(17)(16), any tests, test |
240 | scoring criteria, or testing procedures relating to student |
241 | assessment which are developed or administered by the Department |
242 | of Education pursuant to s. 1003.43, s. 1003.438, s. 1008.22, or |
243 | s. 1008.25, or any other statewide educational tests required by |
244 | law, are not rules. |
245 | (3) PRISONERS AND PAROLEES.-- |
246 | (a) Notwithstanding s. 120.52(14)(13), prisoners, as |
247 | defined by s. 944.02, shall not be considered parties in any |
248 | proceedings other than those under s. 120.54(3)(c) or (7), and |
249 | may not seek judicial review under s. 120.68 of any other agency |
250 | action. Prisoners are not eligible to seek an administrative |
251 | determination of an agency statement under s. 120.56(4). |
252 | Parolees shall not be considered parties for purposes of agency |
253 | action or judicial review when the proceedings relate to the |
254 | rescission or revocation of parole. |
255 | Section 10. Section 288.7001, Florida Statutes, is amended |
256 | to read: |
257 | 288.7001 Small Employer Business Regulatory Advisory |
258 | Council.-- |
259 | (1) SHORT TITLE.--This section may be cited as the "Small |
260 | Employer Business Regulatory Relief Act." |
261 | (2) DEFINITIONS.--As used in this section, the term: |
262 | (a) "Agency" means an agency as defined in s. 120.52. |
263 | (b) "Council" means the Small Employer Business Regulatory |
264 | Advisory Council. |
265 | (c) "Nonrule policy" means nonrule policy as defined in s. |
266 | 120.52. |
267 | (d)(c) "Rule" means a rule as defined in s. 120.52. |
268 | (e)(d) "Small employer business" means a person who |
269 | employs 250 or fewer employees in this state or a political |
270 | subdivision as defined in s. 1.01 small business as defined in |
271 | s. 288.703. |
272 | (3) CREATION OF SMALL EMPLOYER BUSINESS REGULATORY |
273 | ADVISORY COUNCIL; MEMBERSHIP; POWERS AND DUTIES.-- |
274 | (a) The Small Employer Business Regulatory Advisory |
275 | Council is created. The council shall consist of nine members |
276 | who are current or former small employers business owners, three |
277 | appointed by the Governor, three appointed by the President of |
278 | the Senate, and three appointed by the Speaker of the House of |
279 | Representatives. The initial appointments to the council must be |
280 | made within 60 days after the effective date of this act. The |
281 | members shall be from different geographic regions of the state. |
282 | Members shall serve 4-year terms; however, in order to establish |
283 | staggered terms, for the initial appointments, each appointing |
284 | official shall appoint one member to a 2-year term and two |
285 | members to a 4-year term. A member shall not serve more than |
286 | three consecutive terms. Members shall select the chairperson |
287 | from among the members of the council. The council shall meet |
288 | quarterly or upon the call of the chairperson. A majority of the |
289 | members constitutes a quorum for the conduct of business. |
290 | Members of the council shall serve without compensation. The |
291 | appointing official may remove his or her appointee without |
292 | cause at any time. A member whose term has expired shall |
293 | continue to serve on the council until such time as a |
294 | replacement is appointed. Vacancies shall be filled for the |
295 | remainder of the term and by the original appointing official. |
296 | (b) The council is established, assigned to, and |
297 | administratively housed within the Florida Small Business |
298 | Development Center Network, which shall provide staff support to |
299 | the council. |
300 | (c) The council may: |
301 | 1. Provide agencies with recommendations regarding |
302 | proposed rules, nonrule policy, or programs that may adversely |
303 | affect small employers business; |
304 | 2. Consider requests from small employers business owners |
305 | to review rules, nonrule policy, or programs adopted by an |
306 | agency; |
307 | 3. Consider requests from small employers business owners |
308 | to review their small business owners' private property rights |
309 | related to rules, nonrule policy, or programs adopted or |
310 | implemented by an agency; and |
311 | 4. Review rules and nonrule policy adopted promulgated by |
312 | an agency to determine whether a rule or nonrule policy places |
313 | an unnecessary burden on small employers business and make |
314 | recommendations to the agency to mitigate the adverse effects. |
315 | (d) The council does not have authority to: |
316 | 1. Initiate or intervene in any administrative or judicial |
317 | proceeding; or |
318 | 2. Issue subpoenas. |
319 | (e) The council shall prepare and submit a written annual |
320 | report to the Governor, the President of the Senate, and the |
321 | Speaker of the House of Representatives that describes the |
322 | activities and recommendations of the council. |
323 | (4) PERIODIC REVIEW OF RULES AND NONRULE POLICY.-- |
324 | (a) In coordination with the sunset review schedule |
325 | provided in s. 11.905, the council may review rules and nonrule |
326 | policy of agencies subject to sunset review to determine whether |
327 | the rules or nonrule policy should be continued without change |
328 | or should be amended or repealed to reduce the impact of the |
329 | rules and nonrule policy on small employers businesses, subject |
330 | to the requirement that the recommendations of the council must |
331 | be feasible and consistent with the stated objectives of the |
332 | rules or nonrule policy. |
333 | (b) In reviewing agency rules and nonrule policy to reduce |
334 | the impact on small employers businesses, the council, in |
335 | coordination with the agency, shall consider the following |
336 | factors: |
337 | 1. Continued need for the rule or nonrule policy; |
338 | 2. The nature of complaints or comments received from the |
339 | public concerning the rule or nonrule policy; |
340 | 3. The complexity of the rule or nonrule policy; |
341 | 4. The extent to which the rule or nonrule policy |
342 | overlaps, duplicates, or conflicts with other federal, state, |
343 | and local government rules; and |
344 | 5. The length of time since the rule or nonrule policy was |
345 | has been evaluated or the degree to which technology, economic |
346 | conditions, or other factors have changed in the topical area |
347 | affected by the rule or nonrule policy. |
348 | (c) Within 6 months after the agency report is submitted |
349 | to the Joint Legislative Sunset Committee pursuant to s. 11.907, |
350 | the council shall provide a report to the Governor, the |
351 | President of the Senate, the Speaker of the House of |
352 | Representatives, and the Joint Legislative Sunset Committee that |
353 | includes recommendations and evaluations of agency rules, |
354 | nonrule policy, and programs regarding regulatory fairness for |
355 | small employers businesses. A component of the report shall be a |
356 | rating system, developed by the council, entitled "Small |
357 | Employer Business Friendliness and Development Scorecard." |
358 | Section 11. Paragraph (b) of subsection (3) of section |
359 | 288.7002, Florida Statutes, is amended to read: |
360 | 288.7002 Small business advocate.-- |
361 | (3) DIRECTOR OF THE OFFICE OF SMALL BUSINESS ADVOCATE; |
362 | APPOINTMENT; DUTIES.-- |
363 | (b) The duties and functions of the advocate shall include |
364 | the following: |
365 | 1. Act as staff for the Small Employer Business Regulatory |
366 | Advisory Council. |
367 | 2. Serve as principal advocate in the state on behalf of |
368 | small businesses, including, but not limited to, advisory |
369 | participation in the consideration of all legislation and |
370 | administrative rules that affect small businesses and advocacy |
371 | on state policy and programs related to small businesses on |
372 | disaster preparedness and recovery, including providing |
373 | technical assistance. |
374 | 3. Represent the views and interests of small businesses |
375 | before agencies whose policies and activities may affect small |
376 | businesses. Among other activities, the advocate may encourage |
377 | standardized applications and information packages that would |
378 | include all the information needed by each agency that a |
379 | business has to deal with to prevent an applicant from having to |
380 | fill out duplicative information on forms from various agencies. |
381 | 4. Enlist the cooperation and assistance of public and |
382 | private agencies, businesses, and other organizations in |
383 | disseminating information about the programs and services |
384 | provided by all levels of government that are of benefit to |
385 | small businesses and information on how small businesses can |
386 | participate in, or make use of, those programs and services. |
387 | 5. Issue a report every 2 years evaluating the efforts of |
388 | agencies that significantly regulate small businesses, to assist |
389 | minority and other small business enterprises and to make |
390 | recommendations that may be appropriate to assist the |
391 | development and strengthening of minority and other small |
392 | business enterprises. |
393 | 6. Consult with experts and authorities in the fields of |
394 | small business investment, venture capital investment, and |
395 | commercial banking and other comparable financial institutions |
396 | involved in the financing of business; with individuals with |
397 | regulatory, legal, economic, or financial expertise, including |
398 | members of the academic community; and with individuals who |
399 | generally represent the public interest. |
400 | 7. Seek the assistance and cooperation of all agencies and |
401 | departments providing services to, or affecting, small business, |
402 | to ensure coordination of state efforts. |
403 | 8. Receive and respond to complaints from small businesses |
404 | concerning the actions of agencies and the operative effects of |
405 | state laws and regulations adversely affecting those businesses. |
406 | The advocate shall establish an annual process for small |
407 | businesses, and for small employers as defined in s. 288.7001, |
408 | to nominate agency rules, nonrule policy, or programs for |
409 | reform. The advocate shall publish those nominations online and |
410 | update the status of agency action on the proposed reforms twice |
411 | yearly. |
412 | 9. Counsel small businesses on how to resolve questions |
413 | and problems concerning the relationship of small business to |
414 | state government. |
415 | 10. Maintain, publicize, and distribute an annual list of |
416 | persons serving as small business ombudsmen throughout state |
417 | government. |
418 | 11. Coordinate a statewide conference on small business |
419 | with public and private organizations and entities impacting |
420 | small business in the state. |
421 | 12. Coordinate annual public meetings to share best |
422 | practices for small business disaster preparedness. The meetings |
423 | shall be held in consultation with regional and statewide small |
424 | business organizations and shall take place in different |
425 | locations throughout the state. |
426 | 13. Assist the Small Employer Regulatory Advisory Council |
427 | with the council's periodic review of rules and nonrule policy |
428 | under s. 288.7001. |
429 | Section 12. Paragraph (a) of subsection (1) of section |
430 | 420.9072, Florida Statutes, is amended to read: |
431 | 420.9072 State Housing Initiatives Partnership |
432 | Program.--The State Housing Initiatives Partnership Program is |
433 | created for the purpose of providing funds to counties and |
434 | eligible municipalities as an incentive for the creation of |
435 | local housing partnerships, to expand production of and preserve |
436 | affordable housing, to further the housing element of the local |
437 | government comprehensive plan specific to affordable housing, |
438 | and to increase housing-related employment. |
439 | (1)(a) In addition to the legislative findings set forth |
440 | in s. 420.6015, the Legislature finds that affordable housing is |
441 | most effectively provided by combining available public and |
442 | private resources to conserve and improve existing housing and |
443 | provide new housing for very-low-income households, low-income |
444 | households, and moderate-income households. The Legislature |
445 | intends to encourage partnerships in order to secure the |
446 | benefits of cooperation by the public and private sectors and to |
447 | reduce the cost of housing for the target group by effectively |
448 | combining all available resources and cost-saving measures. The |
449 | Legislature further intends that local governments achieve this |
450 | combination of resources by encouraging active partnerships |
451 | between government, lenders, builders and developers, real |
452 | estate professionals, advocates for low-income persons, and |
453 | community groups to produce affordable housing and provide |
454 | related services. Extending the partnership concept to encompass |
455 | cooperative efforts among small counties as defined in s. |
456 | 120.52(20)(19), and among counties and municipalities is |
457 | specifically encouraged. Local governments are also intended to |
458 | establish an affordable housing advisory committee to recommend |
459 | monetary and nonmonetary incentives for affordable housing as |
460 | provided in s. 420.9076. |
461 | Section 13. Subsection (7) of section 420.9075, Florida |
462 | Statutes, is amended to read: |
463 | 420.9075 Local housing assistance plans; partnerships.-- |
464 | (7) The moneys deposited in the local housing assistance |
465 | trust fund shall be used to administer and implement the local |
466 | housing assistance plan. The cost of administering the plan may |
467 | not exceed 5 percent of the local housing distribution moneys |
468 | and program income deposited into the trust fund. A county or an |
469 | eligible municipality may not exceed the 5-percent limitation on |
470 | administrative costs, unless its governing body finds, by |
471 | resolution, that 5 percent of the local housing distribution |
472 | plus 5 percent of program income is insufficient to adequately |
473 | pay the necessary costs of administering the local housing |
474 | assistance plan. The cost of administering the program may not |
475 | exceed 10 percent of the local housing distribution plus 5 |
476 | percent of program income deposited into the trust fund, except |
477 | that small counties, as defined in s. 120.52(20)(19), and |
478 | eligible municipalities receiving a local housing distribution |
479 | of up to $350,000 may use up to 10 percent of program income for |
480 | administrative costs. |
481 | Section 14. (1) Each agency as defined in s. 120.52, |
482 | Florida Statutes, within existing appropriations, shall: |
483 | (a) Establish one or more workgroups to review the impact |
484 | of the agency's rules and nonrule policy on small employers as |
485 | defined in s. 288.7001, Florida Statutes. A workgroup must |
486 | include representatives of stakeholder groups and trade |
487 | associations affected by the agency's rules or nonrule policy |
488 | and individual citizens. Members of a workgroup shall serve at |
489 | their own expense and may not receive compensation, per diem, or |
490 | reimbursement for travel expenses related to their membership on |
491 | the workgroup. |
492 | (b) Compile a list of the provisions of the agency's rules |
493 | and nonrule policy determined by the workgroups to have an |
494 | impact on small employers. The workgroups may consider, but are |
495 | not limited by, the factors described in s. 288.7001(4)(b), |
496 | Florida Statutes. |
497 | (c) Submit to the Small Employer Regulatory Advisory |
498 | Council by September 15, 2009, the list of provisions of rule |
499 | and nonrule policy identified by the workgroups. The list must |
500 | specify the provisions of rule that the agency proposes to |
501 | repeal and the provisions of nonrule policy upon which the |
502 | agency proposes to discontinue all reliance. If the agency has |
503 | initiated rulemaking proceedings to repeal an identified |
504 | provision of rule, the list must be accompanied by a copy of the |
505 | notice of the proposed repeal as published in the Florida |
506 | Administrative Weekly. |
507 | (d) Repeal or discontinue all reliance upon at least 25 |
508 | percent of the provisions of the agency's rules and nonrule |
509 | policy that have an impact on small employers by December 1, |
510 | 2009. The director of the Florida Small Business Development |
511 | Center Network may extend the deadline by up to 180 days for an |
512 | agency that submits a written request to the director describing |
513 | the reasons that an extension is needed and demonstrating that |
514 | the agency, despite a diligent effort to comply with this |
515 | section, is not able to complete its repeal of rules or |
516 | discontinuation of reliance upon nonrule policy by the deadline. |
517 | (e) Notify the Small Employer Regulatory Advisory Council |
518 | of the agency's rulemaking proceedings to repeal the identified |
519 | provisions of rule by January 15, 2010, or, if the deadline is |
520 | extended, within 45 days after the extended deadline. The notice |
521 | shall also specify the provisions of nonrule policy upon which |
522 | the agency has discontinued all reliance. |
523 | (2) The Florida Small Business Advocate and Administrative |
524 | Procedures Committee shall assist each agency with its |
525 | identification and review of rules and nonrule policy that have |
526 | an impact on small employers. |
527 | (3) By March 1, 2010, the Small Employer Regulatory |
528 | Advisory Council shall submit a written report to the Governor, |
529 | the President of the Senate, and the Speaker of the House of |
530 | Representatives. The report must describe each agency's |
531 | compliance with this section. By August 1, 2010, the council |
532 | shall submit an updated report that describes each agency's |
533 | compliance as of June 30, 2010. The council shall also report an |
534 | agency's compliance with this section as part of the agency's |
535 | Small Employer Friendliness and Development Scorecard under s. |
536 | 288.7001(4)(c), Florida Statutes. |
537 | (4)(a) By November 1, 2010, the Office of Program Policy |
538 | Analysis and Government Accountability, in consultation with the |
539 | Small Employer Regulatory Advisory Council and the |
540 | Administrative Procedures Committee, shall submit a report to |
541 | the Governor, the President of the Senate, and the Speaker of |
542 | the House of Representatives. The report must identify each |
543 | state agency that is subject to this section and evaluate the |
544 | extent to which the agency has repealed or discontinued all |
545 | reliance upon at least 25 percent of the provisions of rule and |
546 | nonrule policy that have an impact on small employers. |
547 | (b) If the Office of Program Policy Analysis and |
548 | Government Accountability finds in its report than an agency has |
549 | failed to repeal or discontinue all reliance upon at least 25 |
550 | percent of the provisions of the agency's rules and nonrule |
551 | policy that have an impact on small employers, the agency head |
552 | must submit to the Administrative Procedures Committee a written |
553 | explanation of the agency's failure to comply with this section. |
554 | The committee, upon receiving an agency's explanation, shall |
555 | review the explanation as soon as practicable but before |
556 | adjournment sine die of the 2011 Regular Session of the |
557 | Legislature. The agency head or his or her designee shall appear |
558 | before the committee at the meeting at which the committee |
559 | reviews the agency's explanation. |
560 | (5) This section is repealed July 1, 2011. |
561 | Section 15. This act shall take effect July 1, 2009. |