Florida Senate - 2021                                     SB 152
       By Senator Diaz
       36-00450-21                                            2021152__
    1                        A bill to be entitled                      
    2         An act relating to regulatory reform; creating s.
    3         14.36, F.S.; establishing the Red Tape Reduction
    4         Advisory Council within the Executive Office of the
    5         Governor; providing for membership and terms;
    6         providing for meetings and organization of the
    7         council; specifying that members serve without
    8         compensation; authorizing reimbursement for per diem
    9         and travel expenses; specifying required activities of
   10         the council; requiring an annual report; amending s.
   11         120.52, F.S.; defining terms; amending s. 120.54,
   12         F.S.; requiring an agency adopting a rule to submit a
   13         rule replacement request to the Administrative
   14         Procedures Committee; requiring a rule development or
   15         adoption notice to include a rule proposed for repeal,
   16         if necessary to maintain the regulatory baseline;
   17         providing that a rule repeal necessary to maintain the
   18         regulatory baseline is effective at the same time as
   19         the proposed rule; amending s. 120.545, F.S.;
   20         requiring the committee to examine rule replacement
   21         requests and existing rules; requiring the committee
   22         to determine whether a rule replacement request
   23         complies with certain requirements and whether
   24         adoption of a rule, other than an emergency rule, will
   25         exceed the regulatory baseline; creating s. 120.546,
   26         F.S.; requiring the Administrative Procedures
   27         Committee to establish a regulatory baseline of agency
   28         rules; providing that a proposed rule may not cause
   29         the total number of rules to exceed the regulatory
   30         baseline; requiring an agency proposing a rule to
   31         submit a rule replacement request to the committee;
   32         authorizing an agency to request an exemption under
   33         certain circumstances; prohibiting the committee from
   34         approving exemption requests or certain rule
   35         replacement requests until certain conditions are met;
   36         requiring an annual report; amending s. 120.55, F.S.;
   37         requiring the inclusion of certain information and a
   38         specified report in the Florida Administrative Code;
   39         amending s. 120.74, F.S.; requiring an agency
   40         regulatory plan to include identification of certain
   41         rules; conforming a cross-reference; 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 14.36, Florida Statutes, is created to
   49  read:
   50         14.36Red Tape Reduction Advisory Council.—
   52         (a)The Red Tape Reduction Advisory Council, an advisory
   53  council as defined in s. 20.03(7), is established and
   54  administratively housed within the Executive Office of the
   55  Governor.
   56         (b)The council consists of the following members, who must
   57  be residents of this 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, 2021. 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 less than $5
   90  million in annual revenue.
   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 subsection (16) of section 120.52,
  102  Florida Statutes, is redesignated as subsection (17), present
  103  subsections (17) through (22) are redesignated as subsections
  104  (19) through (24), respectively, and new subsections (16) and
  105  (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, 2022, 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, a new paragraph (b) is
  117  added to that subsection, and paragraph (a) of subsection (2)
  118  and paragraphs (a) and (e) of subsection (3) of that section are
  119  amended, 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
  135  legal authority for the proposed rule; identify the rule or
  136  rules proposed to be repealed, if such repeal is necessary to
  137  maintain the regulatory baseline pursuant to s. 120.546(2);, and
  138  include the preliminary text of the proposed rules, if
  139  available, or a statement of how a person may promptly obtain,
  140  without cost, a copy of any preliminary draft, if available.
  141         (3) ADOPTION PROCEDURES.—
  142         (a) Notices.—
  143         1. Before Prior to the adoption, amendment, or repeal of
  144  any rule other than an emergency rule, an agency, upon approval
  145  of the agency head, shall give notice of its intended action,
  146  setting forth a short, plain explanation of the purpose and
  147  effect of the proposed action; the full text of the proposed
  148  rule or amendment and a summary thereof; a reference to the
  149  grant of rulemaking authority pursuant to which the rule is
  150  adopted; and a reference to the section or subsection of the
  151  Florida Statutes or the Laws of Florida being implemented or
  152  interpreted; and a reference to the rule proposed for repeal, if
  153  such repeal is necessary to maintain the regulatory baseline
  154  pursuant to s. 120.546(2). The notice must include a summary of
  155  the agency’s statement of the estimated regulatory costs, if one
  156  has been prepared, based on the factors set forth in s.
  157  120.541(2); a statement that any person who wishes to provide
  158  the agency with information regarding the statement of estimated
  159  regulatory costs, or to provide a proposal for a lower cost
  160  regulatory alternative as provided by s. 120.541(1), must do so
  161  in writing within 21 days after publication of the notice; and a
  162  statement 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 before prior to
  174  the 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 before
  179  prior to such mailing, have made requests of the agency for
  180  advance notice of its proceedings. The agency shall also give
  181  such notice as is prescribed by rule to those particular classes
  182  of persons to whom the intended action is directed.
  183         4. The adopting agency shall file with the committee, at
  184  least 21 days before prior to the proposed adoption date, a copy
  185  of 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 before prior to the expiration of
  216  the time to file the rule for adoption, the period during which
  217  a rule must be filed for adoption is extended to 45 days after
  218  the date of publication. If notice of a public hearing is
  219  published before prior to the expiration of the time to file the
  220  rule for adoption, the period during which a rule must be filed
  221  for adoption is extended to 45 days after adjournment of the
  222  final 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 before prior to its adoption was
  292  sufficient to give adequate notice of the purpose and effect of
  293  the rule.
  294         (f) The rule is consistent with expressed legislative
  295  intent pertaining to the specific provisions of law which the
  296  rule implements.
  297         (g) The rule is necessary to accomplish the apparent or
  298  expressed objectives of the specific provision of law which the
  299  rule implements.
  300         (h) The rule is a reasonable implementation of the law as
  301  it affects the convenience of the general public or persons
  302  particularly affected by the rule.
  303         (i) The rule could be made less complex or more easily
  304  comprehensible to the general public.
  305         (j) The rule’s statement of estimated regulatory costs
  306  complies with the requirements of s. 120.541 and whether the
  307  rule does not impose regulatory costs on the regulated person,
  308  county, or city which could be reduced by the adoption of less
  309  costly alternatives that substantially accomplish the statutory
  310  objectives.
  311         (k) The rule will require additional appropriations.
  312         (l) If the rule is an emergency rule, there exists an
  313  emergency justifying the adoption of such rule, the agency is
  314  within its statutory authority, and the rule was adopted in
  315  compliance with the requirements and limitations of s.
  316  120.54(4).
  317         (m)The rule replacement request complies with the
  318  requirements of s. 120.546(2)(b).
  319         (n)Adoption of the rule will cause the total number of
  320  rules to exceed the regulatory baseline. This paragraph does not
  321  apply to an emergency rule.
  322         Section 5. Section 120.546, Florida Statutes, is created to
  323  read:
  324         120.546Regulatory baseline.—
  325         (1)ESTABLISHMENT OF BASELINE.—The committee shall review
  326  the Florida Administrative Code to determine the total number of
  327  rules that are in effect and shall use this number to establish
  328  the regulatory baseline by January 1, 2022.
  330  REQUEST.—
  331         (a)A proposed rule may not cause the total number of rules
  332  to exceed the regulatory baseline.
  333         (b)An agency proposing a rule is required to submit a rule
  334  replacement request to the committee. Each rule replacement
  335  request must include the following:
  336         1.The proposed rule and the law authorizing such rule.
  337         2.The purpose of the proposed rule.
  338         3.The rule to be repealed to maintain the regulatory
  339  baseline.
  340         (c)The committee shall examine each proposed rule and the
  341  accompanying rule replacement request as provided in s. 120.545.
  342         (d)The committee may approve a rule replacement request
  343  only after the proposed rule and the rule replacement request
  344  have been reviewed pursuant to s. 120.545 and the committee
  345  determines that the proposed rule does not cause the total
  346  number of rules to exceed the regulatory baseline.
  347         (e)An agency may request an exemption from the prohibition
  348  in paragraph (a) by submitting an exemption request with the
  349  rule replacement request. An exemption request must include a
  350  detailed explanation of the reasons why the proposed rule should
  351  be exempt from the prohibition in paragraph (a), including the
  352  reasons why the rule is necessary to protect public health,
  353  safety, and welfare.
  354         (f)The committee may not approve an exemption request or a
  355  rule replacement request that provides fewer than two rules for
  356  repeal or replacement until the total number of rules is 35
  357  percent below the regulatory baseline.
  358         (3)ANNUAL REPORT.—By November 1 of each year, beginning in
  359  2022, the committee shall submit an annual report providing the
  360  percentage reduction in the total number of rules compared to
  361  the regulatory baseline to the Governor, the President of the
  362  Senate, and the Speaker of the House of Representatives.
  363         Section 6. Paragraph (a) of subsection (1) of section
  364  120.55, Florida Statutes, is amended to read:
  365         120.55 Publication.—
  366         (1) The Department of State shall:
  367         (a)1. Through a continuous revision and publication system,
  368  compile and publish electronically, on a website managed by the
  369  department, the “Florida Administrative Code.” The Florida
  370  Administrative Code shall contain the regulatory baseline, all
  371  changes made to the total number of rules since the
  372  establishment of the regulatory baseline, all rules adopted by
  373  each agency, citing the grant of rulemaking authority and the
  374  specific law implemented pursuant to which each rule was
  375  adopted, a plain language description of the purpose of each
  376  rule, all history notes as authorized in s. 120.545(7), complete
  377  indexes to all rules contained in the code, the annual report
  378  provided by the Red Tape Reduction Advisory Council, and any
  379  other material required or authorized by law or deemed useful by
  380  the department. The electronic code shall display each rule
  381  chapter currently in effect in browse mode and allow full text
  382  search of the code and each rule chapter. The department may
  383  contract with a publishing firm for a printed publication;
  384  however, the department shall retain responsibility for the code
  385  as provided in this section. The electronic publication shall be
  386  the official compilation of the administrative rules of this
  387  state. The Department of State shall retain the copyright over
  388  the Florida Administrative Code.
  389         2. Rules general in form but applicable to only one school
  390  district, community college district, or county, or a part
  391  thereof, or state university rules relating to internal
  392  personnel or business and finance shall not be published in the
  393  Florida Administrative Code. Exclusion from publication in the
  394  Florida Administrative Code shall not affect the validity or
  395  effectiveness of such rules.
  396         3. At the beginning of the section of the code dealing with
  397  an agency that files copies of its rules with the department,
  398  the department shall publish the address and telephone number of
  399  the executive offices of each agency, the manner by which the
  400  agency indexes its rules, a listing of all rules of that agency
  401  excluded from publication in the code, and a statement as to
  402  where those rules may be inspected.
  403         4. Forms shall not be published in the Florida
  404  Administrative Code; but any form which an agency uses in its
  405  dealings with the public, along with any accompanying
  406  instructions, shall be filed with the committee before it is
  407  used. Any form or instruction which meets the definition of
  408  “rule” provided in s. 120.52 shall be incorporated by reference
  409  into the appropriate rule. The reference shall specifically
  410  state that the form is being incorporated by reference and shall
  411  include the number, title, and effective date of the form and an
  412  explanation of how the form may be obtained. Each form created
  413  by an agency which is incorporated by reference in a rule notice
  414  of which is given under s. 120.54(3)(a) after December 31, 2007,
  415  must clearly display the number, title, and effective date of
  416  the form and the number of the rule in which the form is
  417  incorporated.
  418         5. The department shall allow adopted rules and material
  419  incorporated by reference to be filed in electronic form as
  420  prescribed by department rule. When a rule is filed for adoption
  421  with incorporated material in electronic form, the department’s
  422  publication of the Florida Administrative Code on its website
  423  must contain a hyperlink from the incorporating reference in the
  424  rule directly to that material. The department may not allow
  425  hyperlinks from rules in the Florida Administrative Code to any
  426  material other than that filed with and maintained by the
  427  department, but may allow hyperlinks to incorporated material
  428  maintained by the department from the adopting agency’s website
  429  or other sites.
  430         Section 7. Present paragraph (d) of subsection (1) of
  431  section 120.74, Florida Statutes, is redesignated as paragraph
  432  (e), a new paragraph (d) is added to that subsection, and
  433  paragraph (a) of subsection (2) of that section is amended, to
  434  read:
  435         120.74 Agency annual rulemaking and regulatory plans;
  436  reports.—
  437         (1) REGULATORY PLAN.—By October 1 of each year, each agency
  438  shall prepare a regulatory plan.
  439         (d)The plan must identify existing rules that may be
  440  appropriate for future repeal to maintain or reduce the
  441  regulatory baseline pursuant to s. 120.546(2).
  443         (a) By October 1 of each year, each agency shall:
  444         1. Publish its regulatory plan on its website or on another
  445  state website established for publication of administrative law
  446  records. A clearly labeled hyperlink to the current plan must be
  447  included on the agency’s primary website homepage.
  448         2. Electronically deliver to the committee a copy of the
  449  certification required in paragraph (1)(e) (1)(d).
  450         3. Publish in the Florida Administrative Register a notice
  451  identifying the date of publication of the agency’s regulatory
  452  plan. The notice must include a hyperlink or website address
  453  providing direct access to the published plan.
  454         Section 8. Subsection (11) of section 120.80, Florida
  455  Statutes, is amended to read:
  456         120.80 Exceptions and special requirements; agencies.—
  457         (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s.
  458  120.52(16), the enlistment, organization, administration,
  459  equipment, maintenance, training, and discipline of the militia,
  460  National Guard, organized militia, and unorganized militia, as
  461  provided by s. 2, Art. X of the State Constitution, are not
  462  rules as defined by this chapter.
  463         Section 9. Paragraph (c) of subsection (1) of section
  464  120.81, Florida Statutes, is amended to read:
  465         120.81 Exceptions and special requirements; general areas.—
  466         (1) EDUCATIONAL UNITS.—
  467         (c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests,
  468  test scoring criteria, or testing procedures relating to student
  469  assessment which are developed or administered by the Department
  470  of Education pursuant to s. 1003.4282, s. 1008.22, or s.
  471  1008.25, or any other statewide educational tests required by
  472  law, are not rules.
  473         Section 10. Paragraph (a) of subsection (1) of section
  474  420.9072, Florida Statutes, is amended to read:
  475         420.9072 State Housing Initiatives Partnership Program.—The
  476  State Housing Initiatives Partnership Program is created for the
  477  purpose of providing funds to counties and eligible
  478  municipalities as an incentive for the creation of local housing
  479  partnerships, to expand production of and preserve affordable
  480  housing, to further the housing element of the local government
  481  comprehensive plan specific to affordable housing, and to
  482  increase housing-related employment.
  483         (1)(a) In addition to the legislative findings set forth in
  484  s. 420.6015, the Legislature finds that affordable housing is
  485  most effectively provided by combining available public and
  486  private resources to conserve and improve existing housing and
  487  provide new housing for very-low-income households, low-income
  488  households, and moderate-income households. The Legislature
  489  intends to encourage partnerships in order to secure the
  490  benefits of cooperation by the public and private sectors and to
  491  reduce the cost of housing for the target group by effectively
  492  combining all available resources and cost-saving measures. The
  493  Legislature further intends that local governments achieve this
  494  combination of resources by encouraging active partnerships
  495  between government, lenders, builders and developers, real
  496  estate professionals, advocates for low-income persons, and
  497  community groups to produce affordable housing and provide
  498  related services. Extending the partnership concept to encompass
  499  cooperative efforts among small counties as defined in s. 120.52
  500  s. 120.52(19), and among counties and municipalities is
  501  specifically encouraged. Local governments are also intended to
  502  establish an affordable housing advisory committee to recommend
  503  monetary and nonmonetary incentives for affordable housing as
  504  provided in s. 420.9076.
  505         Section 11. Subsection (7) of section 420.9075, Florida
  506  Statutes, is amended to read:
  507         420.9075 Local housing assistance plans; partnerships.—
  508         (7) The moneys deposited in the local housing assistance
  509  trust fund shall be used to administer and implement the local
  510  housing assistance plan. The cost of administering the plan may
  511  not exceed 5 percent of the local housing distribution moneys
  512  and program income deposited into the trust fund. A county or an
  513  eligible municipality may not exceed the 5-percent limitation on
  514  administrative costs, unless its governing body finds, by
  515  resolution, that 5 percent of the local housing distribution
  516  plus 5 percent of program income is insufficient to adequately
  517  pay the necessary costs of administering the local housing
  518  assistance plan. The cost of administering the program may not
  519  exceed 10 percent of the local housing distribution plus 5
  520  percent of program income deposited into the trust fund, except
  521  that small counties, as defined in s. 120.52 s. 120.52(19), and
  522  eligible municipalities receiving a local housing distribution
  523  of up to $350,000 may use up to 10 percent of program income for
  524  administrative costs.
  525         Section 12. Paragraph (d) of subsection (1) of section
  526  443.091, Florida Statutes, is amended to read:
  527         443.091 Benefit eligibility conditions.—
  528         (1) An unemployed individual is eligible to receive
  529  benefits for any week only if the Department of Economic
  530  Opportunity finds that:
  531         (d) She or he is able to work and is available for work. In
  532  order to assess eligibility for a claimed week of unemployment,
  533  the department shall develop criteria to determine a claimant’s
  534  ability to work and availability for work. A claimant must be
  535  actively seeking work in order to be considered available for
  536  work. This means engaging in systematic and sustained efforts to
  537  find work, including contacting at least five prospective
  538  employers for each week of unemployment claimed. The department
  539  may require the claimant to provide proof of such efforts to the
  540  one-stop career center as part of reemployment services. A
  541  claimant’s proof of work search efforts may not include the same
  542  prospective employer at the same location in 3 consecutive
  543  weeks, unless the employer has indicated since the time of the
  544  initial contact that the employer is hiring. The department
  545  shall conduct random reviews of work search information provided
  546  by claimants. As an alternative to contacting at least five
  547  prospective employers for any week of unemployment claimed, a
  548  claimant may, for that same week, report in person to a one-stop
  549  career center to meet with a representative of the center and
  550  access reemployment services of the center. The center shall
  551  keep a record of the services or information provided to the
  552  claimant and shall provide the records to the department upon
  553  request by the department. However:
  554         1. Notwithstanding any other provision of this paragraph or
  555  paragraphs (b) and (e), an otherwise eligible individual may not
  556  be denied benefits for any week because she or he is in training
  557  with the approval of the department, or by reason of s.
  558  443.101(2) relating to failure to apply for, or refusal to
  559  accept, suitable work. Training may be approved by the
  560  department in accordance with criteria prescribed by rule. A
  561  claimant’s eligibility during approved training is contingent
  562  upon satisfying eligibility conditions prescribed by rule.
  563         2. Notwithstanding any other provision of this chapter, an
  564  otherwise eligible individual who is in training approved under
  565  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  566  determined ineligible or disqualified for benefits due to
  567  enrollment in such training or because of leaving work that is
  568  not suitable employment to enter such training. As used in this
  569  subparagraph, the term “suitable employment” means work of a
  570  substantially equal or higher skill level than the worker’s past
  571  adversely affected employment, as defined for purposes of the
  572  Trade Act of 1974, as amended, the wages for which are at least
  573  80 percent of the worker’s average weekly wage as determined for
  574  purposes of the Trade Act of 1974, as amended.
  575         3. Notwithstanding any other provision of this section, an
  576  otherwise eligible individual may not be denied benefits for any
  577  week because she or he is before any state or federal court
  578  pursuant to a lawfully issued summons to appear for jury duty.
  579         4. Union members who customarily obtain employment through
  580  a union hiring hall may satisfy the work search requirements of
  581  this paragraph by reporting daily to their union hall.
  582         5. The work search requirements of this paragraph do not
  583  apply to persons who are unemployed as a result of a temporary
  584  layoff or who are claiming benefits under an approved short-time
  585  compensation plan as provided in s. 443.1116.
  586         6. In small counties as defined in s. 120.52 s. 120.52(19),
  587  a claimant engaging in systematic and sustained efforts to find
  588  work must contact at least three prospective employers for each
  589  week of unemployment claimed.
  590         7. The work search requirements of this paragraph do not
  591  apply to persons required to participate in reemployment
  592  services under paragraph (e).
  593         Section 13. This act shall take effect July 1, 2021.