Florida Senate - 2018                                    SB 1268
       By Senator Perry
       8-01117-18                                            20181268__
    1                        A bill to be entitled                      
    2         An act relating to regulatory reform; creating s.
    3         14.35, F.S.; establishing the Red Tape Reduction
    4         Advisory Council within the Executive Office of the
    5         Governor; providing for membership and terms;
    6         providing for meetings and organization of the
    7         council; specifying that members serve without
    8         compensation; providing for per diem and travel
    9         expenses; specifying required activities of the
   10         council; requiring an annual report; amending s.
   11         120.52, F.S.; providing definitions; amending s.
   12         120.54, F.S.; requiring an agency adopting a rule to
   13         submit a rule replacement request to the
   14         Administrative Procedures Committee; requiring a rule
   15         development or adoption notice to include a rule
   16         proposed for repeal; providing that a rule repeal
   17         necessary to maintain the regulatory baseline is
   18         effective at the same time as the proposed rule;
   19         amending s. 120.545, F.S.; requiring the committee to
   20         examine rule replacement requests and existing rules;
   21         requiring the committee to determine whether a rule
   22         replacement request complies with certain
   23         requirements; requiring the committee to determine
   24         whether adoption of a rule other than an emergency
   25         rule will cause the total number of rules to exceed
   26         the regulatory baseline; creating s. 120.546, F.S.;
   27         requiring the Administrative Procedures Committee to
   28         establish a regulatory baseline of agency rules;
   29         providing that a proposed rule may not cause the total
   30         number of rules to exceed the regulatory baseline;
   31         requiring an agency proposing a rule to submit a rule
   32         replacement request to the committee; authorizing an
   33         agency to request an exemption; providing that a rule
   34         replacement request or an exemption request may not be
   35         approved until the initial regulatory baseline has
   36         been reduced by a specified amount; requiring an
   37         annual report; amending s. 120.55, F.S.; requiring the
   38         inclusion of certain information and a specified
   39         report in the Florida Administrative Code; amending s.
   40         120.74, F.S.; requiring an agency regulatory plan to
   41         include identification of certain rules; amending ss.
   42         120.80, 120.81, 420.9072, 420.9075, and 443.091, F.S.;
   43         conforming cross-references; providing an effective
   44         date.
   46  Be It Enacted by the Legislature of the State of Florida:
   48         Section 1. Section 14.35, Florida Statutes, is created to
   49  read:
   50         14.35Red Tape Reduction Advisory Council.—
   52         (a)The Red Tape Reduction Advisory Council, an advisory
   53  council as defined in s. 20.03, is established and
   54  administratively housed within the Executive Office of the
   55  Governor.
   56         (b)The council shall consist of the following nine
   57  members, who must be residents of the state:
   58         1.Five members appointed by the Governor.
   59         2.Two members appointed by the President of the Senate.
   60         3.Two members appointed by the Speaker of the House of
   61  Representatives.
   62         (c)Each member shall be appointed to a 4-year term.
   63  However, for the purpose of achieving staggered terms, the
   64  members initially appointed by the Governor shall each serve a
   65  2-year term. All subsequent appointments shall be for 4-year
   66  terms. A vacancy shall be filled in the same manner as the
   67  original appointment for the remainder of the unexpired term. A
   68  member may be reappointed, except that a member may not serve
   69  more than 8 consecutive years.
   70         (2)MEETINGS; ORGANIZATION.—
   71         (a)The members shall elect a chair and a vice chair at the
   72  first meeting of the council.
   73         (b)The first meeting of the council shall be held by
   74  August 1, 2018. Thereafter, the council shall meet at the call
   75  of the chair at least once per quarter per calendar year.
   76         (c)A majority of the members of the council constitutes a
   77  quorum.
   78         (d)A member may not receive a commission, fee, or
   79  financial benefit in connection with serving on the council but
   80  may be reimbursed for per diem and travel expenses pursuant to
   81  s. 112.061.
   82         (3)SCOPE OF ACTIVITIES.—The council shall:
   83         (a)Annually review the Florida Administrative Code to
   84  determine whether any rules:
   85         1.Are duplicative or obsolete.
   86         2.Are especially burdensome to business within the state.
   87         3.Disproportionately affect businesses with fewer than 100
   88  employees.
   89         4.Disproportionately affect businesses with annual revenue
   90  below $5 million.
   92  If the council determines that a rule meets at least one of the
   93  criteria in this paragraph and can be repealed or amended with
   94  minimal impact on public health, safety, and welfare, the
   95  council shall recommend repealing or amending the rule.
   96         (b)Provide an annual report of the council’s
   97  recommendations to the Governor, the President of the Senate,
   98  and the Speaker of the House of Representatives and to the
   99  Administrative Procedures Committee for publication in the
  100  Florida Administrative Code.
  101         Section 2. Present subsections (16) and (17) of section
  102  120.52, Florida Statutes, are renumbered as subsections (17) and
  103  (19), respectively, subsections (18) through (22) are renumbered
  104  as subsections (20) through (24), respectively, and new
  105  subsections (16) and (18) are added to that section, to read:
  106         120.52 Definitions.—As used in this act:
  107         (16)“Regulatory baseline” means the total number of agency
  108  rules that are in effect on January 1, 2019, as determined by
  109  the committee pursuant to s. 120.546(1).
  110         (18)“Rule replacement request” means a request by an
  111  agency to create a rule after the establishment of the
  112  regulatory baseline by proposing to repeal one or more existing
  113  rules to maintain the regulatory baseline.
  114         Section 3. Present paragraphs (b) through (k) of subsection
  115  (1) of section 120.54, Florida Statutes, are redesignated as
  116  paragraphs (c) through (l), respectively, paragraph (a) of
  117  subsection (2) and paragraphs (a) and (e) of subsection (3) are
  118  amended, and a new paragraph (b) is added to subsection (1) of
  119  that section, to read:
  120         120.54 Rulemaking.—
  123         (b)An agency adopting a rule that would otherwise exceed
  124  the regulatory baseline must submit a rule replacement request
  125  to the committee pursuant to s. 120.546(2).
  127         (a) Except when the intended action is the repeal of a
  128  rule, agencies shall provide notice of the development of
  129  proposed rules by publication of a notice of rule development in
  130  the Florida Administrative Register before providing notice of a
  131  proposed rule as required by paragraph (3)(a). The notice of
  132  rule development shall indicate the subject area to be addressed
  133  by rule development, provide a short, plain explanation of the
  134  purpose and effect of the proposed rule, cite the specific legal
  135  authority for the proposed rule, identify the rule or rules
  136  proposed to be repealed, if such repeal is necessary to maintain
  137  the regulatory baseline pursuant to s. 120.546(2), and include
  138  the preliminary text of the proposed rules, if available, or a
  139  statement of how a person may promptly obtain, without cost, a
  140  copy of any preliminary draft, if available.
  141         (3) ADOPTION PROCEDURES.—
  142         (a) Notices.—
  143         1. Prior to the adoption, amendment, or repeal of any rule
  144  other than an emergency rule, an agency, upon approval of the
  145  agency head, shall give notice of its intended action, setting
  146  forth a short, plain explanation of the purpose and effect of
  147  the proposed action; the full text of the proposed rule or
  148  amendment and a summary thereof; a reference to the grant of
  149  rulemaking authority pursuant to which the rule is adopted; and
  150  a reference to the section or subsection of the Florida Statutes
  151  or the Laws of Florida being implemented or interpreted; and a
  152  reference to the rule proposed for repeal, if such repeal is
  153  necessary to maintain the regulatory baseline pursuant to s.
  154  120.546(2). The notice must include a summary of the agency’s
  155  statement of the estimated regulatory costs, if one has been
  156  prepared, based on the factors set forth in s. 120.541(2); a
  157  statement that any person who wishes to provide the agency with
  158  information regarding the statement of estimated regulatory
  159  costs, or to provide a proposal for a lower cost regulatory
  160  alternative as provided by s. 120.541(1), must do so in writing
  161  within 21 days after publication of the notice; and a statement
  162  as to whether, based on the statement of the estimated
  163  regulatory costs or other information expressly relied upon and
  164  described by the agency if no statement of regulatory costs is
  165  required, the proposed rule is expected to require legislative
  166  ratification pursuant to s. 120.541(3). The notice must state
  167  the procedure for requesting a public hearing on the proposed
  168  rule. Except when the intended action is the repeal of a rule,
  169  the notice must include a reference both to the date on which
  170  and to the place where the notice of rule development that is
  171  required by subsection (2) appeared.
  172         2. The notice shall be published in the Florida
  173  Administrative Register not less than 28 days prior to the
  174  intended action. The proposed rule shall be available for
  175  inspection and copying by the public at the time of the
  176  publication of notice.
  177         3. The notice shall be mailed to all persons named in the
  178  proposed rule and to all persons who, at least 14 days prior to
  179  such mailing, have made requests of the agency for advance
  180  notice of its proceedings. The agency shall also give such
  181  notice as is prescribed by rule to those particular classes of
  182  persons to whom the intended action is directed.
  183         4. The adopting agency shall file with the committee, at
  184  least 21 days prior to the proposed adoption date, a copy of
  185  each rule it proposes to adopt; a copy of any material
  186  incorporated by reference in the rule; a detailed written
  187  statement of the facts and circumstances justifying the proposed
  188  rule; a copy of any statement of estimated regulatory costs that
  189  has been prepared pursuant to s. 120.541; a statement of the
  190  extent to which the proposed rule relates to federal standards
  191  or rules on the same subject; and the notice required by
  192  subparagraph 1.
  193         (e) Filing for final adoption; effective date.—
  194         1. If the adopting agency is required to publish its rules
  195  in the Florida Administrative Code, the agency, upon approval of
  196  the agency head, shall file with the Department of State three
  197  certified copies of the rule it proposes to adopt; one copy of
  198  any material incorporated by reference in the rule, certified by
  199  the agency; a summary of the rule; a summary of any hearings
  200  held on the rule; and a detailed written statement of the facts
  201  and circumstances justifying the rule. Agencies not required to
  202  publish their rules in the Florida Administrative Code shall
  203  file one certified copy of the proposed rule, and the other
  204  material required by this subparagraph, in the office of the
  205  agency head, and such rules shall be open to the public.
  206         2. A rule may not be filed for adoption less than 28 days
  207  or more than 90 days after the notice required by paragraph (a),
  208  until 21 days after the notice of change required by paragraph
  209  (d), until 14 days after the final public hearing, until 21 days
  210  after a statement of estimated regulatory costs required under
  211  s. 120.541 has been provided to all persons who submitted a
  212  lower cost regulatory alternative and made available to the
  213  public, or until the administrative law judge has rendered a
  214  decision under s. 120.56(2), whichever applies. When a required
  215  notice of change is published prior to the expiration of the
  216  time to file the rule for adoption, the period during which a
  217  rule must be filed for adoption is extended to 45 days after the
  218  date of publication. If notice of a public hearing is published
  219  prior to the expiration of the time to file the rule for
  220  adoption, the period during which a rule must be filed for
  221  adoption is extended to 45 days after adjournment of the final
  222  hearing on the rule, 21 days after receipt of all material
  223  authorized to be submitted at the hearing, or 21 days after
  224  receipt of the transcript, if one is made, whichever is latest.
  225  The term “public hearing” includes any public meeting held by
  226  any agency at which the rule is considered. If a petition for an
  227  administrative determination under s. 120.56(2) is filed, the
  228  period during which a rule must be filed for adoption is
  229  extended to 60 days after the administrative law judge files the
  230  final order with the clerk or until 60 days after subsequent
  231  judicial review is complete.
  232         3. At the time a rule is filed, the agency shall certify
  233  that the time limitations prescribed by this paragraph have been
  234  complied with, that all statutory rulemaking requirements have
  235  been met, and that there is no administrative determination
  236  pending on the rule.
  237         4. At the time a rule is filed, the committee shall certify
  238  whether the agency has responded in writing to all material and
  239  timely written comments or written inquiries made on behalf of
  240  the committee. The department shall reject any rule that is not
  241  filed within the prescribed time limits; that does not comply
  242  with all statutory rulemaking requirements and rules of the
  243  department; upon which an agency has not responded in writing to
  244  all material and timely written inquiries or written comments;
  245  upon which an administrative determination is pending; or which
  246  does not include a statement of estimated regulatory costs, if
  247  required.
  248         5. If a rule has not been adopted within the time limits
  249  imposed by this paragraph or has not been adopted in compliance
  250  with all statutory rulemaking requirements, the agency proposing
  251  the rule shall withdraw the rule and give notice of its action
  252  in the next available issue of the Florida Administrative
  253  Register.
  254         6. The proposed rule shall be adopted on being filed with
  255  the Department of State and become effective 20 days after being
  256  filed, on a later date specified in the notice required by
  257  subparagraph (a)1., on a date required by statute, or upon
  258  ratification by the Legislature pursuant to s. 120.541(3). Rules
  259  not required to be filed with the Department of State shall
  260  become effective when adopted by the agency head, on a later
  261  date specified by rule or statute, or upon ratification by the
  262  Legislature pursuant to s. 120.541(3). If the committee notifies
  263  an agency that an objection to a rule is being considered, the
  264  agency may postpone the adoption of the rule to accommodate
  265  review of the rule by the committee. When an agency postpones
  266  adoption of a rule to accommodate review by the committee, the
  267  90-day period for filing the rule is tolled until the committee
  268  notifies the agency that it has completed its review of the
  269  rule.
  270         7.If a rule must be repealed to maintain the regulatory
  271  baseline pursuant to s. 120.546(2), the repeal shall take effect
  272  at the same time as the proposed rule takes effect.
  274  For the purposes of this paragraph, the term “administrative
  275  determination” does not include subsequent judicial review.
  276         Section 4. Subsection (1) of section 120.545, Florida
  277  Statutes, is amended to read:
  278         120.545 Committee review of agency rules.—
  279         (1) As a legislative check on legislatively created
  280  authority, the committee shall examine each proposed rule,
  281  except for those proposed rules exempted by s. 120.81(1)(e) and
  282  (2), and its accompanying material, including, but not limited
  283  to, the rule replacement request, and each emergency rule, and,
  284  every 4 years, each may examine any existing rule, for the
  285  purpose of determining whether:
  286         (a) The rule is an invalid exercise of delegated
  287  legislative authority.
  288         (b) The statutory authority for the rule has been repealed.
  289         (c) The rule reiterates or paraphrases statutory material.
  290         (d) The rule is in proper form.
  291         (e) The notice given prior to its adoption was sufficient
  292  to give adequate notice of the purpose and effect of the rule.
  293         (f) The rule is consistent with expressed legislative
  294  intent pertaining to the specific provisions of law which the
  295  rule implements.
  296         (g) The rule is necessary to accomplish the apparent or
  297  expressed objectives of the specific provision of law which the
  298  rule implements.
  299         (h) The rule is a reasonable implementation of the law as
  300  it affects the convenience of the general public or persons
  301  particularly affected by the rule.
  302         (i) The rule could be made less complex or more easily
  303  comprehensible to the general public.
  304         (j) The rule’s statement of estimated regulatory costs
  305  complies with the requirements of s. 120.541 and whether the
  306  rule does not impose regulatory costs on the regulated person,
  307  county, or city which could be reduced by the adoption of less
  308  costly alternatives that substantially accomplish the statutory
  309  objectives.
  310         (k) The rule will require additional appropriations.
  311         (l) If the rule is an emergency rule, there exists an
  312  emergency justifying the adoption of such rule, the agency is
  313  within its statutory authority, and the rule was adopted in
  314  compliance with the requirements and limitations of s.
  315  120.54(4).
  316         (m)The rule replacement request complies with the
  317  requirements of s. 120.546(2)(b).
  318         (n)Adoption of the rule will cause the total number of
  319  rules to exceed the regulatory baseline. This paragraph does not
  320  apply to an emergency rule.
  321         Section 5. Section 120.546, Florida Statutes, is created to
  322  read:
  323         120.546Regulatory baseline.—
  324         (1)ESTABLISHMENT OF BASELINE.—The committee shall review
  325  the Florida Administrative Code to determine the total number of
  326  rules that are in effect and shall use this number to establish
  327  the regulatory baseline by January 1, 2019.
  329  REQUEST.—
  330         (a)A proposed rule may not cause the total number of rules
  331  to exceed the regulatory baseline.
  332         (b)An agency proposing a rule is required to submit a rule
  333  replacement request to the committee. Each rule replacement
  334  request must include the following:
  335         1.The proposed rule and the law authorizing such rule.
  336         2.The purpose of the proposed rule.
  337         3.The rule to be repealed to maintain the regulatory
  338  baseline.
  339         (c)The committee shall examine each proposed rule and the
  340  accompanying rule replacement request as provided in s. 120.545.
  341         (d)The committee may approve a rule replacement request
  342  only after the proposed rule and the rule replacement request
  343  have been reviewed pursuant to s. 120.545 and the committee
  344  determines that the proposed rule does not cause the total
  345  number of rules to exceed the regulatory baseline.
  346         (e)An agency may request an exemption from the prohibition
  347  in paragraph (a) by submitting an exemption request with the
  348  rule replacement request. An exemption request must include a
  349  detailed explanation of why the proposed rule should be exempt
  350  from the prohibition in paragraph (a), including why the rule is
  351  necessary to protect public health, safety, and welfare.
  352         (f)The committee may not approve an exemption request or a
  353  rule replacement request that provides fewer than two rules for
  354  repeal or replacement until the total number of rules is 35
  355  percent below the regulatory baseline.
  356         (3)ANNUAL REPORT.—Beginning November 1, 2019, the
  357  committee shall submit an annual report providing the percentage
  358  reduction in the total number of rules compared to the
  359  regulatory baseline to the Governor, the President of the
  360  Senate, and the Speaker of the House of Representatives.
  361         Section 6. Paragraph (a) of subsection (1) of section
  362  120.55, Florida Statutes, is amended to read:
  363         120.55 Publication.—
  364         (1) The Department of State shall:
  365         (a)1. Through a continuous revision and publication system,
  366  compile and publish electronically, on a website managed by the
  367  department, the “Florida Administrative Code.” The Florida
  368  Administrative Code shall contain the regulatory baseline, all
  369  changes made to the total number of rules since the
  370  establishment of the regulatory baseline, all rules adopted by
  371  each agency, citing the grant of rulemaking authority and the
  372  specific law implemented pursuant to which each rule was
  373  adopted, a plain language description of the purpose of each
  374  rule, all history notes as authorized in s. 120.545(7), complete
  375  indexes to all rules contained in the code, the report provided
  376  annually by the Red Tape Reduction Advisory Council, and any
  377  other material required or authorized by law or deemed useful by
  378  the department. The electronic code shall display each rule
  379  chapter currently in effect in browse mode and allow full text
  380  search of the code and each rule chapter. The department may
  381  contract with a publishing firm for a printed publication;
  382  however, the department shall retain responsibility for the code
  383  as provided in this section. The electronic publication shall be
  384  the official compilation of the administrative rules of this
  385  state. The Department of State shall retain the copyright over
  386  the Florida Administrative Code.
  387         2. Rules general in form but applicable to only one school
  388  district, community college district, or county, or a part
  389  thereof, or state university rules relating to internal
  390  personnel or business and finance shall not be published in the
  391  Florida Administrative Code. Exclusion from publication in the
  392  Florida Administrative Code shall not affect the validity or
  393  effectiveness of such rules.
  394         3. At the beginning of the section of the code dealing with
  395  an agency that files copies of its rules with the department,
  396  the department shall publish the address and telephone number of
  397  the executive offices of each agency, the manner by which the
  398  agency indexes its rules, a listing of all rules of that agency
  399  excluded from publication in the code, and a statement as to
  400  where those rules may be inspected.
  401         4. Forms shall not be published in the Florida
  402  Administrative Code; but any form which an agency uses in its
  403  dealings with the public, along with any accompanying
  404  instructions, shall be filed with the committee before it is
  405  used. Any form or instruction which meets the definition of
  406  “rule” provided in s. 120.52 shall be incorporated by reference
  407  into the appropriate rule. The reference shall specifically
  408  state that the form is being incorporated by reference and shall
  409  include the number, title, and effective date of the form and an
  410  explanation of how the form may be obtained. Each form created
  411  by an agency which is incorporated by reference in a rule notice
  412  of which is given under s. 120.54(3)(a) after December 31, 2007,
  413  must clearly display the number, title, and effective date of
  414  the form and the number of the rule in which the form is
  415  incorporated.
  416         5. The department shall allow adopted rules and material
  417  incorporated by reference to be filed in electronic form as
  418  prescribed by department rule. When a rule is filed for adoption
  419  with incorporated material in electronic form, the department’s
  420  publication of the Florida Administrative Code on its website
  421  must contain a hyperlink from the incorporating reference in the
  422  rule directly to that material. The department may not allow
  423  hyperlinks from rules in the Florida Administrative Code to any
  424  material other than that filed with and maintained by the
  425  department, but may allow hyperlinks to incorporated material
  426  maintained by the department from the adopting agency’s website
  427  or other sites.
  428         Section 7. Present paragraph (d) of subsection (1) of
  429  section 120.74, Florida Statutes, is redesignated as paragraph
  430  (e), paragraph (a) of subsection (2) is amended, and a new
  431  paragraph (d) is added to subsection (1) of that section, to
  432  read:
  433         120.74 Agency annual rulemaking and regulatory plans;
  434  reports.—
  435         (1) REGULATORY PLAN.—By October 1 of each year, each agency
  436  shall prepare a regulatory plan.
  437         (d)The plan must include an identification of existing
  438  rules that may be appropriate for future repeal to maintain or
  439  reduce the regulatory baseline pursuant to s. 120.546(2).
  441         (a) By October 1 of each year, each agency shall:
  442         1. Publish its regulatory plan on its website or on another
  443  state website established for publication of administrative law
  444  records. A clearly labeled hyperlink to the current plan must be
  445  included on the agency’s primary website homepage.
  446         2. Electronically deliver to the committee a copy of the
  447  certification required in paragraph (1)(e) (1)(d).
  448         3. Publish in the Florida Administrative Register a notice
  449  identifying the date of publication of the agency’s regulatory
  450  plan. The notice must include a hyperlink or website address
  451  providing direct access to the published plan.
  452         Section 8. Subsection (11) of section 120.80, Florida
  453  Statutes, is amended to read:
  454         120.80 Exceptions and special requirements; agencies.—
  455         (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s.
  456  120.52(16), the enlistment, organization, administration,
  457  equipment, maintenance, training, and discipline of the militia,
  458  National Guard, organized militia, and unorganized militia, as
  459  provided by s. 2, Art. X of the State Constitution, are not
  460  rules as defined by this chapter.
  461         Section 9. Paragraph (c) of subsection (1) of section
  462  120.81, Florida Statutes, is amended to read:
  463         120.81 Exceptions and special requirements; general areas.—
  464         (1) EDUCATIONAL UNITS.—
  465         (c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests,
  466  test scoring criteria, or testing procedures relating to student
  467  assessment which are developed or administered by the Department
  468  of Education pursuant to s. 1003.4282, s. 1008.22, or s.
  469  1008.25, or any other statewide educational tests required by
  470  law, are not rules.
  471         Section 10. Paragraph (a) of subsection (1) of section
  472  420.9072, Florida Statutes, is amended to read:
  473         420.9072 State Housing Initiatives Partnership Program.—The
  474  State Housing Initiatives Partnership Program is created for the
  475  purpose of providing funds to counties and eligible
  476  municipalities as an incentive for the creation of local housing
  477  partnerships, to expand production of and preserve affordable
  478  housing, to further the housing element of the local government
  479  comprehensive plan specific to affordable housing, and to
  480  increase housing-related employment.
  481         (1)(a) In addition to the legislative findings set forth in
  482  s. 420.6015, the Legislature finds that affordable housing is
  483  most effectively provided by combining available public and
  484  private resources to conserve and improve existing housing and
  485  provide new housing for very-low-income households, low-income
  486  households, and moderate-income households. The Legislature
  487  intends to encourage partnerships in order to secure the
  488  benefits of cooperation by the public and private sectors and to
  489  reduce the cost of housing for the target group by effectively
  490  combining all available resources and cost-saving measures. The
  491  Legislature further intends that local governments achieve this
  492  combination of resources by encouraging active partnerships
  493  between government, lenders, builders and developers, real
  494  estate professionals, advocates for low-income persons, and
  495  community groups to produce affordable housing and provide
  496  related services. Extending the partnership concept to encompass
  497  cooperative efforts among small counties as defined in s.
  498  120.52(21) s. 120.52(19), and among counties and municipalities
  499  is specifically encouraged. Local governments are also intended
  500  to establish an affordable housing advisory committee to
  501  recommend monetary and nonmonetary incentives for affordable
  502  housing as provided in s. 420.9076.
  503         Section 11. Subsection (7) of section 420.9075, Florida
  504  Statutes, is amended to read:
  505         420.9075 Local housing assistance plans; partnerships.—
  506         (7) The moneys deposited in the local housing assistance
  507  trust fund shall be used to administer and implement the local
  508  housing assistance plan. The cost of administering the plan may
  509  not exceed 5 percent of the local housing distribution moneys
  510  and program income deposited into the trust fund. A county or an
  511  eligible municipality may not exceed the 5-percent limitation on
  512  administrative costs, unless its governing body finds, by
  513  resolution, that 5 percent of the local housing distribution
  514  plus 5 percent of program income is insufficient to adequately
  515  pay the necessary costs of administering the local housing
  516  assistance plan. The cost of administering the program may not
  517  exceed 10 percent of the local housing distribution plus 5
  518  percent of program income deposited into the trust fund, except
  519  that small counties, as defined in s. 120.52(21) s. 120.52(19),
  520  and eligible municipalities receiving a local housing
  521  distribution of up to $350,000 may use up to 10 percent of
  522  program income for administrative costs.
  523         Section 12. Paragraph (d) of subsection (1) of section
  524  443.091, Florida Statutes, is amended to read:
  525         443.091 Benefit eligibility conditions.—
  526         (1) An unemployed individual is eligible to receive
  527  benefits for any week only if the Department of Economic
  528  Opportunity finds that:
  529         (d) She or he is able to work and is available for work. In
  530  order to assess eligibility for a claimed week of unemployment,
  531  the department shall develop criteria to determine a claimant’s
  532  ability to work and availability for work. A claimant must be
  533  actively seeking work in order to be considered available for
  534  work. This means engaging in systematic and sustained efforts to
  535  find work, including contacting at least five prospective
  536  employers for each week of unemployment claimed. The department
  537  may require the claimant to provide proof of such efforts to the
  538  one-stop career center as part of reemployment services. A
  539  claimant’s proof of work search efforts may not include the same
  540  prospective employer at the same location in 3 consecutive
  541  weeks, unless the employer has indicated since the time of the
  542  initial contact that the employer is hiring. The department
  543  shall conduct random reviews of work search information provided
  544  by claimants. As an alternative to contacting at least five
  545  prospective employers for any week of unemployment claimed, a
  546  claimant may, for that same week, report in person to a one-stop
  547  career center to meet with a representative of the center and
  548  access reemployment services of the center. The center shall
  549  keep a record of the services or information provided to the
  550  claimant and shall provide the records to the department upon
  551  request by the department. However:
  552         1. Notwithstanding any other provision of this paragraph or
  553  paragraphs (b) and (e), an otherwise eligible individual may not
  554  be denied benefits for any week because she or he is in training
  555  with the approval of the department, or by reason of s.
  556  443.101(2) relating to failure to apply for, or refusal to
  557  accept, suitable work. Training may be approved by the
  558  department in accordance with criteria prescribed by rule. A
  559  claimant’s eligibility during approved training is contingent
  560  upon satisfying eligibility conditions prescribed by rule.
  561         2. Notwithstanding any other provision of this chapter, an
  562  otherwise eligible individual who is in training approved under
  563  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  564  determined ineligible or disqualified for benefits due to
  565  enrollment in such training or because of leaving work that is
  566  not suitable employment to enter such training. As used in this
  567  subparagraph, the term “suitable employment” means work of a
  568  substantially equal or higher skill level than the worker’s past
  569  adversely affected employment, as defined for purposes of the
  570  Trade Act of 1974, as amended, the wages for which are at least
  571  80 percent of the worker’s average weekly wage as determined for
  572  purposes of the Trade Act of 1974, as amended.
  573         3. Notwithstanding any other provision of this section, an
  574  otherwise eligible individual may not be denied benefits for any
  575  week because she or he is before any state or federal court
  576  pursuant to a lawfully issued summons to appear for jury duty.
  577         4. Union members who customarily obtain employment through
  578  a union hiring hall may satisfy the work search requirements of
  579  this paragraph by reporting daily to their union hall.
  580         5. The work search requirements of this paragraph do not
  581  apply to persons who are unemployed as a result of a temporary
  582  layoff or who are claiming benefits under an approved short-time
  583  compensation plan as provided in s. 443.1116.
  584         6. In small counties as defined in s. 120.52(21) s.
  585  120.52(19), a claimant engaging in systematic and sustained
  586  efforts to find work must contact at least three prospective
  587  employers for each week of unemployment claimed.
  588         7. The work search requirements of this paragraph do not
  589  apply to persons required to participate in reemployment
  590  services under paragraph (e).
  591         Section 13. This act shall take effect July 1, 2018.