Florida Senate - 2022                                     SB 536
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00345-22                                            2022536__
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.52, F.S.; defining terms; amending s. 120.54,
    4         F.S.; applying certain provisions applicable to all
    5         rules other than emergency rules to repromulgated
    6         rules; requiring a notice of rule development to
    7         include certain information; requiring a notice of
    8         withdrawal if a notice of proposed rule is not filed
    9         within a certain timeframe; requiring that certain
   10         persons be available at a workshop or public hearing
   11         to receive public input; requiring a notice of
   12         proposed rule to include certain information;
   13         requiring certain notices to be published within a
   14         specified timeframe; requiring that material proposed
   15         to be incorporated by reference be made available in a
   16         specified manner; authorizing electronic delivery of
   17         notices to persons who have requested advance notice
   18         of agency rulemaking proceedings; revising the
   19         circumstances under which a proposed rule’s adverse
   20         impact on small businesses is considered to exist;
   21         requiring an agency to provide notice of a regulatory
   22         alternative to the Administrative Procedures Committee
   23         within a certain timeframe; requiring an agency to
   24         publish a notice of convening a separate proceeding in
   25         certain circumstances; providing that rulemaking
   26         timelines are tolled during such separate proceedings;
   27         requiring a notice of change for certain changes to a
   28         statement of estimated regulatory costs; revising the
   29         requirements for the contents of a notice of change;
   30         requiring the committee to notify the Department of
   31         State that the date for an agency to adopt a rule has
   32         expired under certain circumstances; requiring the
   33         department to publish a notice of withdrawal under
   34         certain circumstances; requiring that certain
   35         information be available on the agency’s website;
   36         requiring emergency rules to be published in the
   37         Florida Administrative Code; prohibiting agencies from
   38         making changes to emergency rules by superseding the
   39         rule; authorizing an agency to make technical changes
   40         to an emergency rule during a specified timeframe;
   41         requiring an agency to file a copy of a certain
   42         petition with the committee; amending s. 120.541,
   43         F.S.; requiring an agency to provide a copy of any
   44         proposal for a lower cost regulatory alternative to
   45         the committee within a certain timeframe; specifying
   46         the circumstances under which such a proposal is made
   47         in good faith; revising requirements for an agency’s
   48         consideration of a lower cost regulatory alternative;
   49         providing for an agency’s revision and publication of
   50         a revised statement of estimated regulatory costs in
   51         response to certain circumstances; requiring that a
   52         revised statement of lower cost regulatory alternative
   53         be submitted to the rules ombudsman and published in a
   54         specified manner; revising the information required in
   55         a statement of estimated regulatory costs; deleting
   56         the definition of the term “transactional costs”;
   57         revising the applicability of specified provisions;
   58         providing additional requirements for the calculation
   59         of estimated regulatory costs; requiring the
   60         department to include specified information on a
   61         website; requiring certain agencies to include certain
   62         information in a statement of estimated regulatory
   63         costs and on their websites; providing certain
   64         requirements for an agency that revises a statement of
   65         estimated regulatory costs; conforming a cross
   66         reference; creating s. 120.5435, F.S.; providing
   67         legislative intent; requiring agency review of rules
   68         and repromulgation of rules that do not require
   69         substantive changes within a specified timeframe;
   70         providing that failure of an agency to meet certain
   71         deadlines applicable to a rule required to be
   72         repromulgated constitutes the repeal of the rule;
   73         requiring an agency to publish a notice of
   74         repromulgation in the Florida Administrative Register
   75         and file a rule for promulgation with the department
   76         within a specified timeframe; requiring an agency to
   77         file a notice of repromulgation with the committee
   78         within a specified timeframe; providing requirements
   79         for the notice of repromulgation; providing that a
   80         repromulgated rule is not subject to challenge as a
   81         proposed rule and that certain hearing requirements do
   82         not apply; requiring an agency to file a specified
   83         number of certified copies of a proposed repromulgated
   84         rule and any material incorporated by reference;
   85         providing that a repromulgated rule is adopted upon
   86         filing with the department and becomes effective after
   87         a specified time; requiring the department to update
   88         certain information in the Florida Administrative
   89         Code; requiring the department to adopt rules by a
   90         certain date; amending s. 120.545, F.S.; requiring,
   91         rather than authorizing, the committee to examine
   92         existing rules; amending s. 120.55, F.S.; requiring
   93         the Florida Administrative Code to be published once
   94         daily and indicate certain information; requiring
   95         materials incorporated by reference to be filed in a
   96         specified manner; requiring the department to include
   97         the date of a technical change in the Florida
   98         Administrative Code; providing that a technical change
   99         does not affect the effective date of a rule;
  100         requiring specified rulemaking; amending s. 120.74,
  101         F.S.; requiring an agency to identify and describe
  102         each rule it plans to develop, adopt, or repeal during
  103         the forthcoming year in the agency’s annual regulatory
  104         plan; requiring that an agency’s annual regulatory
  105         plan identify any rules required to be repromulgated
  106         during the forthcoming year; requiring the agency to
  107         make certain declarations concerning the annual
  108         regulatory plan; amending ss. 120.80, 120.81,
  109         420.9072, 420.9075, and 443.091, F.S.; conforming
  110         cross-references; providing an effective date.
  111          
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Present subsections (16) through (19) and (20)
  115  through (22) of section 120.52, Florida Statutes, are
  116  redesignated as subsections (17) through (20) and subsections
  117  (22) through (24), respectively, and new subsections (16) and
  118  (21) are added to that section, to read:
  119         120.52 Definitions.—As used in this act:
  120         (16)“Repromulgation” means the publication and adoption of
  121  an existing rule following an agency’s review of the rule for
  122  consistency with the powers and duties granted by its enabling
  123  statute.
  124         (21)“Technical change” means a change limited to
  125  correcting grammatical, typographical, or similar errors not
  126  affecting the substance of the rule.
  127         Section 2. Paragraph (i) of subsection (1), subsections (2)
  128  and (3), and paragraph (a) of subsection (7) of section 120.54,
  129  Florida Statutes, are amended, and paragraphs (e) and (f) are
  130  added to subsection (4) of that section, to read:
  131         120.54 Rulemaking.—
  132         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
  133  EMERGENCY RULES.—
  134         (i)1. A rule may incorporate material by reference but only
  135  as the material exists on the date the rule is adopted. For
  136  purposes of the rule, changes in the material are not effective
  137  unless the rule is amended to incorporate the changes.
  138         2. An agency rule that incorporates by specific reference
  139  another rule of that agency automatically incorporates
  140  subsequent amendments to the referenced rule unless a contrary
  141  intent is clearly indicated in the referencing rule. A notice of
  142  amendments to a rule that has been incorporated by specific
  143  reference in other rules of that agency must explain the effect
  144  of those amendments on the referencing rules.
  145         3. In rules adopted after December 31, 2010, and rules
  146  repromulgated on or after July 1, 2022, material may not be
  147  incorporated by reference unless:
  148         a. The material has been submitted in the prescribed
  149  electronic format to the Department of State and the full text
  150  of the material can be made available for free public access
  151  through an electronic hyperlink from the rule making the
  152  reference in the Florida Administrative Code; or
  153         b. The agency has determined that posting the material on
  154  the Internet for purposes of public examination and inspection
  155  would constitute a violation of federal copyright law, in which
  156  case a statement to that effect, along with the address of
  157  locations at the Department of State and the agency at which the
  158  material is available for public inspection and examination,
  159  must be included in the notice required by subparagraph (3)(a)1.
  160         4. A rule may not be amended by reference only. Amendments
  161  must set out the amended rule in full in the same manner as
  162  required by the State Constitution for laws.
  163         5. Notwithstanding any contrary provision in this section,
  164  when an adopted rule of the Department of Environmental
  165  Protection or a water management district is incorporated by
  166  reference in the other agency’s rule to implement a provision of
  167  part IV of chapter 373, subsequent amendments to the rule are
  168  not effective as to the incorporating rule unless the agency
  169  incorporating by reference notifies the committee and the
  170  Department of State of its intent to adopt the subsequent
  171  amendment, publishes notice of such intent in the Florida
  172  Administrative Register, and files with the Department of State
  173  a copy of the amended rule incorporated by reference. Changes in
  174  the rule incorporated by reference are effective as to the other
  175  agency 20 days after the date of the published notice and filing
  176  with the Department of State. The Department of State shall
  177  amend the history note of the incorporating rule to show the
  178  effective date of such change. Any substantially affected person
  179  may, within 14 days after the date of publication of the notice
  180  of intent in the Florida Administrative Register, file an
  181  objection to rulemaking with the agency. The objection shall
  182  specify the portions of the rule incorporated by reference to
  183  which the person objects and the reasons for the objection. The
  184  agency does shall not have the authority under this subparagraph
  185  to adopt those portions of the rule specified in such objection.
  186  The agency shall publish notice of the objection and of its
  187  action in response in the next available issue of the Florida
  188  Administrative Register.
  189         6. The Department of State may adopt by rule requirements
  190  for incorporating materials pursuant to this paragraph.
  191         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  192         (a)1. Except when the intended action is the repeal of a
  193  rule, agencies shall provide notice of the development of
  194  proposed rules by publication of a notice of rule development in
  195  the Florida Administrative Register before providing notice of a
  196  proposed rule as required by paragraph (3)(a). The notice of
  197  rule development must shall indicate the subject area to be
  198  addressed by rule development, provide a short, plain
  199  explanation of the purpose and effect of the proposed rule, cite
  200  the grant of rulemaking authority for the proposed rule and the
  201  law being implemented specific legal authority for the proposed
  202  rule, and include the proposed rule number and the preliminary
  203  text of the proposed rules, if available, or a statement of how
  204  a person may promptly obtain, without cost, a copy of any
  205  preliminary draft, when if available.
  206         2.If a notice of a proposed rule is not filed within 12
  207  months after the notice of rule development, the agency must
  208  withdraw the rule and give notice of the withdrawal in the next
  209  available issue of the Florida Administrative Register.
  210         (b) All rules must should be drafted in readable language.
  211  The language is readable if:
  212         1. It avoids the use of obscure words and unnecessarily
  213  long or complicated constructions; and
  214         2. It avoids the use of unnecessary technical or
  215  specialized language that is understood only by members of
  216  particular trades or professions.
  217         (c) An agency may hold public workshops for purposes of
  218  rule development. If requested in writing by any affected
  219  person, an agency must hold public workshops, including
  220  workshops in various regions of the state or the agency’s
  221  service area, for purposes of rule development if requested in
  222  writing by any affected person, unless the agency head explains
  223  in writing why a workshop is unnecessary. The explanation is not
  224  final agency action subject to review pursuant to ss. 120.569
  225  and 120.57. The failure to provide the explanation when required
  226  may be a material error in procedure pursuant to s.
  227  120.56(1)(c). When a workshop or public hearing is held, the
  228  agency must ensure that the persons responsible for preparing
  229  the proposed rule are available to receive public input, to
  230  explain the agency’s proposal, and to respond to questions or
  231  comments regarding the rule being developed. The workshop may be
  232  facilitated or mediated by a neutral third person, or the agency
  233  may employ other types of dispute resolution alternatives for
  234  the workshop which that are appropriate for rule development.
  235  Notice of a workshop for rule development must workshop shall be
  236  by publication in the Florida Administrative Register not less
  237  than 14 days before prior to the date on which the workshop is
  238  scheduled to be held and must shall indicate the subject area
  239  that which will be addressed; the agency contact person; and the
  240  place, date, and time of the workshop.
  241         (d)1. An agency may use negotiated rulemaking in developing
  242  and adopting rules. The agency should consider the use of
  243  negotiated rulemaking when complex rules are being drafted or
  244  strong opposition to the rules is anticipated. The agency should
  245  consider, but is not limited to considering, whether a balanced
  246  committee of interested persons who will negotiate in good faith
  247  can be assembled, whether the agency is willing to support the
  248  work of the negotiating committee, and whether the agency can
  249  use the group consensus as the basis for its proposed rule.
  250  Negotiated rulemaking uses a committee of designated
  251  representatives to draft a mutually acceptable proposed rule.
  252         2. An agency that chooses to use the negotiated rulemaking
  253  process described in this paragraph shall publish in the Florida
  254  Administrative Register a notice of negotiated rulemaking which
  255  that includes a listing of the representative groups that will
  256  be invited to participate in the negotiated rulemaking process.
  257  Any person who believes that his or her interest is not
  258  adequately represented may apply to participate within 30 days
  259  after publication of the notice. All meetings of the negotiating
  260  committee shall be noticed and open to the public pursuant to
  261  the provisions of this chapter. The negotiating committee shall
  262  be chaired by a neutral facilitator or mediator.
  263         3. The agency’s decision to use negotiated rulemaking, its
  264  selection of the representative groups, and approval or denial
  265  of an application to participate in the negotiated rulemaking
  266  process are not agency action. Nothing in This subparagraph is
  267  not intended to affect the rights of a substantially an affected
  268  person to challenge a proposed rule developed under this
  269  paragraph in accordance with s. 120.56(2).
  270         (3) ADOPTION PROCEDURES.—
  271         (a) Notices.—
  272         1. Before Prior to the adoption, amendment, or repeal of
  273  any rule other than an emergency rule, an agency, upon approval
  274  of the agency head, shall give notice of its intended action,
  275  setting forth a short, plain explanation of the purpose and
  276  effect of the proposed action; the rule number and full text of
  277  the proposed rule or amendment and a summary thereof; a
  278  reference to the grant of rulemaking authority pursuant to which
  279  the rule is adopted; and a reference to the section or
  280  subsection of the Florida Statutes or the Laws of Florida being
  281  implemented or interpreted. The notice must include a concise
  282  summary of the agency’s statement of the estimated regulatory
  283  costs, if one has been prepared, based on the factors set forth
  284  in s. 120.541(2). The notice must describe the regulatory impact
  285  of the rule in readable language; an agency website address
  286  where the statement of estimated regulatory costs can be viewed
  287  in its entirety, if one has been prepared; a statement that any
  288  person who wishes to provide the agency with information
  289  regarding the statement of estimated regulatory costs, or to
  290  provide a proposal for a lower cost regulatory alternative as
  291  provided by s. 120.541(1), must do so in writing within 21 days
  292  after publication of the notice; and a statement as to whether,
  293  based on the statement of the estimated regulatory costs or
  294  other information expressly relied upon and described by the
  295  agency if no statement of regulatory costs is required, the
  296  proposed rule is expected to require legislative ratification
  297  pursuant to s. 120.541(3). The notice must state the procedure
  298  for requesting a public hearing on the proposed rule. Except
  299  when the intended action is the repeal of a rule, the notice
  300  must include a reference both to the date on which and to the
  301  place where the notice of rule development that is required by
  302  subsection (2) appeared.
  303         2. The notice shall be published in the Florida
  304  Administrative Register at least 7 days after the publication of
  305  the notice of rule development and at least not less than 28
  306  days before prior to the intended action. The proposed rule,
  307  including all materials proposed to be incorporated by reference
  308  and the statement of estimated regulatory costs, if one has been
  309  prepared, must shall be available for inspection and copying by
  310  the public at the time of the publication of notice. Material
  311  proposed to be incorporated by reference in the notice must be
  312  made available in the manner prescribed by sub-subparagraph
  313  (1)(i)3.a. or sub-subparagraph (1)(i)3.b.
  314         3. The notice shall be mailed to all persons named in the
  315  proposed rule and mailed or delivered electronically to all
  316  persons who, at least 14 days before publication of the notice
  317  prior to such mailing, have made requests of the agency for
  318  advance notice of its proceedings. The agency shall also give
  319  such notice as is prescribed by rule to those particular classes
  320  of persons to whom the intended action is directed.
  321         4. The adopting agency shall file with the committee, at
  322  least 21 days before prior to the proposed adoption date, a copy
  323  of each rule it proposes to adopt; a copy of any material
  324  incorporated by reference in the rule; a detailed written
  325  statement of the facts and circumstances justifying the proposed
  326  rule; a copy of any statement of estimated regulatory costs that
  327  has been prepared pursuant to s. 120.541; a statement of the
  328  extent to which the proposed rule relates to federal standards
  329  or rules on the same subject; and the notice required by
  330  subparagraph 1.
  331         (b) Special matters to be considered in rule adoption.—
  332         1. Statement of estimated regulatory costs.—Before the
  333  adoption , amendment, or repeal of any rule other than an
  334  emergency rule, an agency is encouraged to prepare a statement
  335  of estimated regulatory costs of the proposed rule, as provided
  336  by s. 120.541. However, an agency must prepare a statement of
  337  estimated regulatory costs of the proposed rule, as provided by
  338  s. 120.541, if:
  339         a. The proposed rule will have an adverse impact on small
  340  business; or
  341         b. The proposed rule is likely to directly or indirectly
  342  increase regulatory costs in excess of $200,000 in the aggregate
  343  in this state within 1 year after the implementation of the
  344  rule.
  345         2. Small businesses, small counties, and small cities.—
  346         a. For purposes of this subsection and s. 120.541(2), an
  347  adverse impact on small businesses, as defined in s. 288.703 or
  348  sub-subparagraph b., exists if, for any small business:
  349         (I)An owner, an officer, an operator, or a manager must
  350  complete any education, training, or testing to comply with the
  351  rule in the first year or is likely to spend at least 10 hours
  352  or to purchase professional advice to understand and comply with
  353  the rule in the first year;
  354         (II)Taxes or fees assessed on transactions are likely to
  355  increase by $500 or more in the aggregate in 1 year;
  356         (III)Prices charged for goods and services are restricted
  357  or are likely to increase because of the rule;
  358         (IV)Specially trained, licensed, or tested employees will
  359  be required because of the rule;
  360         (V)Operating costs are expected to increase by at least
  361  $1,000 annually because of the rule; or
  362         (VI)Capital expenditures in excess of $1,000 are necessary
  363  to comply with the rule.
  364         b. Each agency, before the adoption, amendment, or repeal
  365  of a rule, shall consider the impact of the rule on small
  366  businesses as defined in by s. 288.703 and the impact of the
  367  rule on small counties or small cities as defined in by s.
  368  120.52. Whenever practicable, an agency shall tier its rules to
  369  reduce disproportionate impacts on small businesses, small
  370  counties, or small cities to avoid regulating small businesses,
  371  small counties, or small cities that do not contribute
  372  significantly to the problem the rule is designed to address. An
  373  agency may define “small business” to include businesses
  374  employing more than 200 persons, may define “small county” to
  375  include those with populations of more than 75,000, and may
  376  define “small city” to include those with populations of more
  377  than 10,000, if the agency it finds that such a definition is
  378  necessary to adapt a rule to the needs and problems of small
  379  businesses, small counties, or small cities. The agency shall
  380  consider each of the following methods for reducing the impact
  381  of the proposed rule on small businesses, small counties, and
  382  small cities, or any combination of these entities:
  383         (I) Establishing less stringent compliance or reporting
  384  requirements in the rule.
  385         (II) Establishing less stringent schedules or deadlines in
  386  the rule for compliance or reporting requirements.
  387         (III) Consolidating or simplifying the rule’s compliance or
  388  reporting requirements.
  389         (IV) Establishing performance standards or best management
  390  practices to replace design or operational standards in the
  391  rule.
  392         (V) Exempting small businesses, small counties, or small
  393  cities from any or all requirements of the rule.
  394         c.(I)b.(I) If the agency determines that the proposed
  395  action will affect small businesses as defined by the agency as
  396  provided in sub-subparagraph b. a., the agency must shall send
  397  written notice of the rule to the rules ombudsman in the
  398  Executive Office of the Governor at least 28 days before the
  399  intended action.
  400         (II) Each agency shall adopt those regulatory alternatives
  401  offered by the rules ombudsman in the Executive Office of the
  402  Governor and provided to the agency no later than 21 days after
  403  the rules ombudsman’s receipt of the written notice of the rule
  404  which it finds are feasible and consistent with the stated
  405  objectives of the proposed rule and which would reduce the
  406  impact on small businesses. When regulatory alternatives are
  407  offered by the rules ombudsman in the Executive Office of the
  408  Governor, the 90-day period for filing the rule in subparagraph
  409  (e)2. is extended for a period of 21 days. The agency shall
  410  provide notice to the committee of any regulatory alternative
  411  offered to the agency pursuant to this sub-subparagraph at least
  412  21 days before filing the rule for adoption.
  413         (III) If an agency does not adopt all alternatives offered
  414  pursuant to this sub-subparagraph, it shall, before rule
  415  adoption or amendment and pursuant to subparagraph (d)1., file a
  416  detailed written statement with the committee explaining the
  417  reasons for failure to adopt such alternatives. Within 3 working
  418  days after the filing of such notice, the agency shall send a
  419  copy of such notice to the rules ombudsman in the Executive
  420  Office of the Governor.
  421         (c) Hearings.—
  422         1. If the intended action concerns any rule other than one
  423  relating exclusively to procedure or practice, the agency shall,
  424  on the request of any affected person received within 21 days
  425  after the date of publication of the notice of intended agency
  426  action, give affected persons an opportunity to present evidence
  427  and argument on all issues under consideration. The agency may
  428  schedule a public hearing on the proposed rule and, if requested
  429  by any affected person, shall schedule a public hearing on the
  430  proposed rule. When a public hearing is held, the agency must
  431  ensure that the persons responsible for preparing the proposed
  432  rule and the statement of estimated regulatory costs, if one has
  433  been prepared, staff are available to explain the agency’s
  434  proposal and to respond to questions or comments regarding the
  435  proposed rule, the statement of estimated regulatory costs, if
  436  one has been prepared, and the agency’s decision whether to
  437  adopt a lower cost regulatory alternative submitted pursuant to
  438  s. 120.541(1)(a). If the agency head is a board or other
  439  collegial body created under s. 20.165(4) or s. 20.43(3)(g), and
  440  one or more requested public hearings is scheduled, the board or
  441  other collegial body shall conduct at least one of the public
  442  hearings itself and may not delegate this responsibility without
  443  the consent of those persons requesting the public hearing. Any
  444  material pertinent to the issues under consideration submitted
  445  to the agency within 21 days after the date of publication of
  446  the notice or submitted to the agency between the date of
  447  publication of the notice and the end of the final public
  448  hearing shall be considered by the agency and made a part of the
  449  record of the rulemaking proceeding.
  450         2. Rulemaking proceedings shall be governed solely by the
  451  provisions of this section unless a person timely asserts that
  452  the person’s substantial interests will be affected in the
  453  proceeding and affirmatively demonstrates to the agency that the
  454  proceeding does not provide adequate opportunity to protect
  455  those interests. If the agency determines that the rulemaking
  456  proceeding is not adequate to protect the person’s interests, it
  457  shall suspend the rulemaking proceeding and convene a separate
  458  proceeding under the provisions of ss. 120.569 and 120.57. The
  459  agency shall publish notice of convening a separate proceeding
  460  in the Florida Administrative Register. Similarly situated
  461  persons may be requested to join and participate in the separate
  462  proceeding. Upon conclusion of the separate proceeding, the
  463  rulemaking proceeding shall be resumed. All timelines in this
  464  section are tolled during any suspension of the rulemaking
  465  proceeding under this subparagraph, beginning on the date the
  466  notice of convening a separate proceeding is published and
  467  resuming on the day after the conclusion of the separate
  468  proceeding.
  469         (d) Modification or withdrawal of proposed rules.—
  470         1. After the final public hearing on the proposed rule, or
  471  after the time for requesting a hearing has expired, if the
  472  proposed rule text has not been changed from that of the
  473  proposed rule as previously filed with the committee, or
  474  contains only technical changes, the adopting agency shall file
  475  a notice to that effect with the committee at least 7 days
  476  before prior to filing the proposed rule for adoption. Any
  477  change, other than a technical change that does not affect the
  478  substance of the rule, must be supported by the record of public
  479  hearings held on the proposed rule, must be in response to
  480  written material submitted to the agency within 21 days after
  481  the date of publication of the notice of intended agency action
  482  or submitted to the agency between the date of publication of
  483  the notice and the end of the final public hearing, or must be
  484  in response to a proposed objection by the committee. Any
  485  change, other than a technical change, to a statement of
  486  estimated regulatory costs requires a notice of change. In
  487  addition, when any change, other than a technical change, to the
  488  text of is made in a proposed rule or any material incorporated
  489  by reference requires, other than a technical change, the
  490  adopting agency to shall provide a copy of a notice of change by
  491  certified mail or actual delivery to any person who requests it
  492  in writing no later than 21 days after the notice required in
  493  paragraph (a). The agency shall file the notice of change with
  494  the committee, along with the reasons for the change, and
  495  provide the notice of change to persons requesting it, at least
  496  21 days before prior to filing the proposed rule for adoption.
  497  The notice of change shall be published in the Florida
  498  Administrative Register at least 21 days before prior to filing
  499  the proposed rule for adoption. The notice of change must
  500  include a summary of any revision to a statement of estimated
  501  regulatory costs required by s. 120.541(1)(c). This subparagraph
  502  does not apply to emergency rules adopted pursuant to subsection
  503  (4). Material proposed to be incorporated by reference in the
  504  notice required by this subparagraph must be made available in
  505  the manner prescribed by sub-subparagraph (1)(i)3.a. or sub
  506  subparagraph (1)(i)3.b.
  507         2. After the notice required by paragraph (a) and before
  508  prior to adoption, the agency may withdraw the proposed rule in
  509  whole or in part.
  510         3.After the notice required by paragraph (a), the agency
  511  must withdraw the proposed rule if the agency has failed to
  512  adopt it within the prescribed timeframes in this chapter. The
  513  committee shall notify the agency that it has exceeded the
  514  timeframe to adopt the proposed rule. If, 30 days after notice
  515  by the committee, the agency has not given notice of the
  516  withdrawal of the rule, the committee must notify the Department
  517  of State that the date for adoption of the rule has expired, and
  518  the Department of State shall publish a notice of withdrawal of
  519  the proposed rule.
  520         4.3. After adoption and before the rule becomes effective,
  521  a rule may be modified or withdrawn only in the following
  522  circumstances:
  523         a. When the committee objects to the rule;
  524         b. When a final order, which is not subject to further
  525  appeal, is entered in a rule challenge brought pursuant to s.
  526  120.56 after the date of adoption but before the rule becomes
  527  effective pursuant to subparagraph (e)6.;
  528         c. If the rule requires ratification, when more than 90
  529  days have passed since the rule was filed for adoption without
  530  the Legislature ratifying the rule, in which case the rule may
  531  be withdrawn but may not be modified; or
  532         d. When the committee notifies the agency that an objection
  533  to the rule is being considered, in which case the rule may be
  534  modified to extend the effective date by not more than 60 days.
  535         5.4. The agency shall give notice of its decision to
  536  withdraw or modify a rule in the first available issue of the
  537  publication in which the original notice of rulemaking was
  538  published, shall notify those persons described in subparagraph
  539  (a)3. in accordance with the requirements of that subparagraph,
  540  and shall notify the Department of State if the rule is required
  541  to be filed with the Department of State.
  542         6.5. After a rule has become effective, it may be repealed
  543  or amended only through the rulemaking procedures specified in
  544  this chapter.
  545         (e) Filing for final adoption; effective date.—
  546         1. If the adopting agency is required to publish its rules
  547  in the Florida Administrative Code, the agency, upon approval of
  548  the agency head, must shall file with the Department of State
  549  three certified copies of the rule it proposes to adopt; one
  550  copy of any material incorporated by reference in the rule,
  551  certified by the agency; a summary of the rule; a summary of any
  552  hearings held on the rule; and a detailed written statement of
  553  the facts and circumstances justifying the rule. Agencies not
  554  required to publish their rules in the Florida Administrative
  555  Code shall file one certified copy of the proposed rule, and the
  556  other material required by this subparagraph, in the office of
  557  the agency head, and such rules shall be open to the public.
  558         2. A rule may not be filed for adoption less than 28 days
  559  or more than 90 days after the notice required by paragraph (a),
  560  until 21 days after the notice of change required by paragraph
  561  (d), until 14 days after the final public hearing, until 21 days
  562  after a statement of estimated regulatory costs required under
  563  s. 120.541 has been provided to all persons who submitted a
  564  lower cost regulatory alternative and made available to the
  565  public at a readily accessible page on the agency’s website, or
  566  until the administrative law judge has rendered a decision under
  567  s. 120.56(2), whichever applies. When a required notice of
  568  change is published before prior to the expiration of the time
  569  to file the rule for adoption, the period during which a rule
  570  must be filed for adoption is extended to 45 days after the date
  571  of publication. If notice of a public hearing is published
  572  before prior to the expiration of the time to file the rule for
  573  adoption, the period during which a rule must be filed for
  574  adoption is extended to 45 days after adjournment of the final
  575  hearing on the rule, 21 days after receipt of all material
  576  authorized to be submitted at the hearing, or 21 days after
  577  receipt of the transcript, if one is made, whichever is latest.
  578  The term “public hearing” includes any public meeting held by
  579  any agency at which the rule is considered. If a petition for an
  580  administrative determination under s. 120.56(2) is filed, the
  581  period during which a rule must be filed for adoption is
  582  extended to 60 days after the administrative law judge files the
  583  final order with the clerk or until 60 days after subsequent
  584  judicial review is complete.
  585         3. At the time a rule is filed, the agency shall certify
  586  that the time limitations prescribed by this paragraph have been
  587  complied with, that all statutory rulemaking requirements have
  588  been met, and that there is no administrative determination
  589  pending on the rule.
  590         4. At the time a rule is filed, the committee shall certify
  591  whether the agency has responded in writing to all material and
  592  timely written comments or written inquiries made on behalf of
  593  the committee. The Department of State shall reject any rule
  594  that is not filed within the prescribed time limits; that does
  595  not comply with all statutory rulemaking requirements and rules
  596  of the Department of State; upon which an agency has not
  597  responded in writing to all material and timely written
  598  inquiries or written comments; upon which an administrative
  599  determination is pending; or which does not include a statement
  600  of estimated regulatory costs, if required.
  601         5. If a rule has not been adopted within the time limits
  602  imposed by this paragraph or has not been adopted in compliance
  603  with all statutory rulemaking requirements, the agency proposing
  604  the rule must shall withdraw the proposed rule and give notice
  605  of its action in the next available issue of the Florida
  606  Administrative Register.
  607         6. The proposed rule shall be adopted upon on being filed
  608  with the Department of State and become effective 20 days after
  609  being filed, on a later date specified in the notice required by
  610  subparagraph (a)1., on a date required by statute, or upon
  611  ratification by the Legislature pursuant to s. 120.541(3). Rules
  612  not required to be filed with the Department of State shall
  613  become effective when adopted by the agency head, on a later
  614  date specified by rule or statute, or upon ratification by the
  615  Legislature pursuant to s. 120.541(3). If the committee notifies
  616  an agency that an objection to a rule is being considered, the
  617  agency may postpone the adoption of the rule to accommodate
  618  review of the rule by the committee. When an agency postpones
  619  adoption of a rule to accommodate review by the committee, the
  620  90-day period for filing the rule is tolled until the committee
  621  notifies the agency that it has completed its review of the
  622  rule.
  623  
  624  For the purposes of this paragraph, the term “administrative
  625  determination” does not include subsequent judicial review.
  626         (4) EMERGENCY RULES.—
  627         (e)Emergency rules shall be published in the Florida
  628  Administrative Code.
  629         (f)An agency may not supersede an emergency rule currently
  630  in effect. Technical changes to an emergency rule may be made
  631  within the first 7 days after adoption of the rule.
  632         (7) PETITION TO INITIATE RULEMAKING.—
  633         (a) Any person regulated by an agency or having substantial
  634  interest in an agency rule may petition an agency to adopt,
  635  amend, or repeal a rule or to provide the minimum public
  636  information required by this chapter. The petition shall specify
  637  the proposed rule and action requested. The agency shall file a
  638  copy of the petition with the committee. Not later than 30
  639  calendar days following the date of filing a petition, the
  640  agency shall initiate rulemaking proceedings under this chapter,
  641  otherwise comply with the requested action, or deny the petition
  642  with a written statement of its reasons for the denial.
  643         Section 3. Section 120.541, Florida Statutes, is amended to
  644  read:
  645         120.541 Statement of estimated regulatory costs.—
  646         (1)(a) Within 21 days after publication of the notice of a
  647  proposed rule or notice of change required under s.
  648  120.54(3)(a), a substantially affected person may submit to an
  649  agency a good faith written proposal for a lower cost regulatory
  650  alternative to a proposed rule which substantially accomplishes
  651  the objectives of the law being implemented. The agency shall
  652  provide a copy of any proposal for a lower cost regulatory
  653  alternative to the committee at least 21 days before filing the
  654  rule for adoption. The proposal may include the alternative of
  655  not adopting any rule if the proposal explains how the lower
  656  costs and objectives of the law will be achieved by not adopting
  657  any rule. If submitted after a notice of change, a proposal for
  658  a lower cost regulatory alternative is deemed to be made in good
  659  faith only if the person reasonably believes, and the proposal
  660  states the person’s reasons for believing, that the proposed
  661  rule as changed by the notice of change increases the regulatory
  662  costs or creates an adverse impact on small businesses which was
  663  not created by the previous proposed rule. If such a proposal is
  664  submitted, the 90-day period for filing the rule is extended 21
  665  days. Upon the submission of the lower cost regulatory
  666  alternative, the agency shall prepare a statement of estimated
  667  regulatory costs as provided in subsection (2), or shall revise
  668  its prior statement of estimated regulatory costs, and either
  669  adopt the alternative proposal, reject the alternative proposal,
  670  or modify the proposed rule to reduce the regulatory costs. If
  671  the agency rejects the alternative proposal or modifies the
  672  proposed rule, the agency must or provide a statement of the
  673  reasons for rejecting the alternative in favor of the proposed
  674  rule.
  675         (b) If a proposed rule will have an adverse impact on small
  676  business or if the proposed rule is likely to directly or
  677  indirectly increase regulatory costs in excess of $200,000 in
  678  the aggregate within 1 year after the implementation of the
  679  rule, the agency shall prepare a statement of estimated
  680  regulatory costs as required by s. 120.54(3)(b).
  681         (c) The agency shall revise a statement of estimated
  682  regulatory costs if any change to the rule made under s.
  683  120.54(3)(d) increases the regulatory costs of the rule or if
  684  the rule is modified in response to the submission of a lower
  685  cost regulatory alternative. A summary of the revised statement
  686  must be included with any subsequent notice published under s.
  687  120.54(3).
  688         (d) At least 21 days before filing the proposed rule for
  689  adoption, an agency that is required to revise a statement of
  690  estimated regulatory costs shall provide the statement to the
  691  person who submitted the lower cost regulatory alternative, to
  692  the rules ombudsman in the Executive Office of the Governor, and
  693  to the committee. The revised statement shall be published and
  694  made available in the same manner as the original statement of
  695  estimated regulatory costs and shall provide notice on the
  696  agency’s website that it is available to the public.
  697         (e) Notwithstanding s. 120.56(1)(c), the failure of the
  698  agency to prepare and publish a statement of estimated
  699  regulatory costs or to respond to a written lower cost
  700  regulatory alternative as provided in this subsection is a
  701  material failure to follow the applicable rulemaking procedures
  702  or requirements set forth in this chapter.
  703         (f) An agency’s failure to prepare a statement of estimated
  704  regulatory costs or to respond to a written lower cost
  705  regulatory alternative may not be raised in a proceeding
  706  challenging the validity of a rule pursuant to s. 120.52(8)(a)
  707  unless:
  708         1. Raised in a petition filed no later than 1 year after
  709  the effective date of the rule; and
  710         2. Raised by a person whose substantial interests are
  711  affected by the rule’s regulatory costs.
  712         (g) A rule that is challenged pursuant to s. 120.52(8)(f)
  713  may not be declared invalid unless:
  714         1. The issue is raised in an administrative proceeding
  715  within 1 year after the effective date of the rule;
  716         2. The challenge is to the agency’s rejection of a lower
  717  cost regulatory alternative offered under paragraph (a) or s.
  718  120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and
  719         3. The substantial interests of the person challenging the
  720  rule are materially affected by the rejection.
  721         (2) A statement of estimated regulatory costs must shall
  722  include:
  723         (a) An economic analysis showing whether the rule directly
  724  or indirectly:
  725         1. Is likely to have an adverse impact on economic growth,
  726  private sector job creation or employment, or private sector
  727  investment in excess of $1 million in the aggregate within 5
  728  years after the implementation of the rule;
  729         2. Is likely to have an adverse impact on business
  730  competitiveness, including the ability of persons doing business
  731  in the state to compete with persons doing business in other
  732  states or domestic markets, productivity, or innovation in
  733  excess of $1 million in the aggregate within 5 years after the
  734  implementation of the rule; or
  735         3. Is likely to increase regulatory costs, including all
  736  any transactional costs and impacts estimated in the statement,
  737  in excess of $1 million in the aggregate within 5 years after
  738  the implementation of the rule.
  739         (b) A good faith estimate of the number of individuals,
  740  small businesses, and other entities likely to be required to
  741  comply with the rule, together with a general description of the
  742  types of individuals likely to be affected by the rule.
  743         (c) A good faith estimate of the cost to the agency, and to
  744  any other state and local government entities, of implementing
  745  and enforcing the proposed rule, and any anticipated effect on
  746  state or local revenues.
  747         (d) A good faith estimate of the compliance transactional
  748  costs likely to be incurred by individuals and entities,
  749  including local government entities, required to comply with the
  750  requirements of the rule. As used in this section,
  751  “transactional costs” are direct costs that are readily
  752  ascertainable based upon standard business practices, and
  753  include filing fees, the cost of obtaining a license, the cost
  754  of equipment required to be installed or used or procedures
  755  required to be employed in complying with the rule, additional
  756  operating costs incurred, the cost of monitoring and reporting,
  757  and any other costs necessary to comply with the rule.
  758         (e) An analysis of the impact on small businesses as
  759  defined by s. 288.703, and an analysis of the impact on small
  760  counties and small cities as defined in s. 120.52. The impact
  761  analysis for small businesses must include the basis for the
  762  agency’s decision not to implement alternatives that would
  763  reduce adverse impacts on small businesses.
  764         (f) Any additional information that the agency determines
  765  may be useful.
  766         (g) In the statement or revised statement, whichever
  767  applies, a description of any regulatory alternatives submitted
  768  under paragraph (1)(a) and a statement adopting the alternative
  769  or a statement of the reasons for rejecting the alternative in
  770  favor of the proposed rule.
  771         (3) If the adverse impact or regulatory costs of the rule
  772  exceed any of the criteria established in paragraph (2)(a), the
  773  rule shall be submitted to the President of the Senate and
  774  Speaker of the House of Representatives no later than 30 days
  775  before prior to the next regular legislative session, and the
  776  rule may not take effect until it is ratified by the
  777  Legislature.
  778         (4) Subsection (3) does not apply to the adoption of:
  779         (a) Federal standards pursuant to s. 120.54(6).
  780         (b) Triennial updates of and amendments to the Florida
  781  Building Code which are expressly authorized by s. 553.73.
  782         (c) Triennial updates of and amendments to the Florida Fire
  783  Prevention Code which are expressly authorized by s. 633.202.
  784         (d)Emergency rules adopted pursuant to s. 120.54(4).
  785         (5) For purposes of subsections (2) and (3), adverse
  786  impacts and regulatory costs likely to occur within 5 years
  787  after implementation of the rule include adverse impacts and
  788  regulatory costs estimated to occur within 5 years after the
  789  effective date of the rule. However, if any provision of the
  790  rule is not fully implemented upon the effective date of the
  791  rule, the adverse impacts and regulatory costs associated with
  792  such provision must be adjusted to include any additional
  793  adverse impacts and regulatory costs estimated to occur within 5
  794  years after implementation of such provision.
  795         (6)(a)In evaluating the impacts described in paragraphs
  796  (2)(a) and (2)(e), an agency shall include good faith estimates
  797  of market impacts likely to result from compliance with the
  798  proposed rule, including:
  799         1.Increased customer charges for goods or services.
  800         2.Decreased market value of goods or services produced,
  801  provided, or sold.
  802         3.Increased costs resulting from the purchase of
  803  substitute or alternative goods or services.
  804         4.The reasonable value of time to be spent by owners,
  805  officers, operators, and managers to understand and comply with
  806  the proposed rule, including, but not limited to, time to be
  807  spent to complete required education, training, or testing.
  808         5.Capital costs.
  809         6.Any other impacts suggested by the rules ombudsman in
  810  the Executive Office of the Governor or interested persons.
  811         (b)In estimating and analyzing the information required in
  812  paragraphs (2)(b)-(e), the agency may use surveys of
  813  individuals, businesses, business organizations, counties, or
  814  municipalities to collect data useful to estimate and analyze
  815  the costs and impacts.
  816         (c)In estimating compliance costs under paragraph (2)(d),
  817  the agency shall consider, among other matters, all direct and
  818  indirect costs necessary to comply with the proposed rule which
  819  are readily ascertainable based upon standard business
  820  practices, including, but not limited to, costs related to:
  821         1.Filing fees.
  822         2.Expenses to obtain a license.
  823         3.Necessary equipment.
  824         4.Installation, utilities, and maintenance of necessary
  825  equipment.
  826         5.Necessary operations and procedures.
  827         6.Accounting, financial, information management, and other
  828  administrative processes.
  829         7.Other processes.
  830         8.Labor based on relevant rates of wages, salaries, and
  831  benefits.
  832         9.Materials and supplies.
  833         10.Capital expenditures, including financing costs.
  834         11.Professional and technical services, including
  835  contracted services necessary to achieve and maintain
  836  compliance.
  837         12.Monitoring and reporting.
  838         13.Qualifying and recurring education, training, and
  839  testing.
  840         14.Travel.
  841         15.Insurance and surety requirements.
  842         16.A fair and reasonable allocation of administrative
  843  costs and other overhead.
  844         17.Reduced sales or other revenues.
  845         18.Other items suggested by the rules ombudsman in the
  846  Executive Office of the Governor or any interested person,
  847  business organization, or business representative.
  848         (7)(a) The Department of State shall include on the Florida
  849  Administrative Register website the agency website addresses
  850  where statements of estimated regulatory costs can be viewed in
  851  their entirety.
  852         (b) As part of the notice required under s. 120.54(3)(a),
  853  an agency that prepares a statement of estimated regulatory
  854  costs must provide to the Department of State for publication in
  855  the Florida Administrative Register the agency website address
  856  where the statement of estimated regulatory costs can be read in
  857  its entirety.
  858         (c) If an agency revises its statement of estimated
  859  regulatory costs, the agency must provide notice that a revision
  860  has been made as provided in s. 120.54(3)(d). Such notice must
  861  include the agency website address where the revision can be
  862  viewed in its entirety.
  863         Section 4. Section 120.5435, Florida Statutes, is created
  864  to read:
  865         120.5435 Repromulgation of rules.—
  866         (1) It is the intent of the Legislature that each agency
  867  periodically review its rules for consistency with the powers
  868  and duties granted by its enabling statutes.
  869         (2) If an agency determines after review that substantive
  870  changes to update a rule are not required, the agency must
  871  repromulgate the rule to reflect the date of the review. Each
  872  agency shall review its rules pursuant to this section either 5
  873  years after July 1, 2022, if the rule was adopted before January
  874  1, 2014, or 10 years after the rule was adopted, if the rule was
  875  adopted on or after January 1, 2014. Failure of an agency to
  876  adhere to the deadlines imposed in this section constitutes the
  877  repeal of any affected rule. In the event of such a failure, the
  878  committee shall notify the Department of State that the agency,
  879  by its failure to repromulgate the affected rule, has elected to
  880  repeal the rule. Upon receipt of the committee’s notice, the
  881  Department of State shall publish a notice to that effect in the
  882  next available issue of the Florida Administrative Register.
  883  Upon publication of the notice, the rule shall be stricken from
  884  the files of the Department of State and the files of the
  885  agency.
  886         (3) Before repromulgation of a rule, the agency must, upon
  887  approval by the agency head or his or her designee:
  888         (a) Publish a notice of repromulgation in the Florida
  889  Administrative Register. A notice of repromulgation is not
  890  required to include the text of the rule being repromulgated.
  891         (b) File the rule for repromulgation with the Department of
  892  State. A rule may not be filed for repromulgation fewer than 28
  893  days, nor more than 90 days, after the date of publication of
  894  the notice required by paragraph (a).
  895         (4) The agency shall file a notice of repromulgation with
  896  the committee at least 14 days before filing the rule for
  897  repromulgation. At the time the rule is filed for
  898  repromulgation, the committee shall certify whether the agency
  899  has responded in writing to all material and timely written
  900  comments or written inquiries made on behalf of the committee.
  901         (5) A repromulgated rule is not subject to challenge as a
  902  proposed rule pursuant to s. 120.56(2).
  903         (6) The hearing requirements of s. 120.54 do not apply to
  904  repromulgation of a rule.
  905         (7)(a) The agency, upon approval of the agency head or his
  906  or her designee, shall file with the Department of State three
  907  certified copies of the repromulgated rule it proposes to adopt
  908  and one certified copy of any material incorporated by reference
  909  in the rule.
  910         (b) The repromulgated rule shall be adopted upon filing
  911  with the Department of State and becomes effective 20 days after
  912  the date it is filed.
  913         (c) The Department of State shall update the history note
  914  of the rule in the Florida Administrative Code to reflect the
  915  effective date of the repromulgated rule.
  916         (8) The Department of State shall adopt rules to implement
  917  this section by December 31, 2022.
  918         Section 5.  Subsection (1) of section 120.545, Florida
  919  Statutes, is amended to read:
  920         120.545 Committee review of agency rules.—
  921         (1) As a legislative check on legislatively created
  922  authority, the committee shall examine each existing rule and
  923  proposed rule, except for those proposed rules exempted by s.
  924  120.81(1)(e) and (2), and its accompanying material, and each
  925  emergency rule, and may examine any existing rule, for the
  926  purpose of determining whether:
  927         (a) The rule is an invalid exercise of delegated
  928  legislative authority.
  929         (b) The statutory authority for the rule has been repealed.
  930         (c) The rule reiterates or paraphrases statutory material.
  931         (d) The rule is in proper form.
  932         (e) The notice given before prior to its adoption was
  933  sufficient to give adequate notice of the purpose and effect of
  934  the rule.
  935         (f) The rule is consistent with expressed legislative
  936  intent pertaining to the specific provisions of law which the
  937  rule implements.
  938         (g) The rule is necessary to accomplish the apparent or
  939  expressed objectives of the specific provision of law which the
  940  rule implements.
  941         (h) The rule is a reasonable implementation of the law as
  942  it affects the convenience of the general public or persons
  943  particularly affected by the rule.
  944         (i) The rule could be made less complex or more easily
  945  comprehensible to the general public.
  946         (j) The rule’s statement of estimated regulatory costs
  947  complies with the requirements of s. 120.541 and whether the
  948  rule does not impose regulatory costs on the regulated person,
  949  county, or city which could be reduced by the adoption of less
  950  costly alternatives that substantially accomplish the statutory
  951  objectives.
  952         (k) The rule will require additional appropriations.
  953         (l) If the rule is an emergency rule, there exists an
  954  emergency justifying the adoption of such rule, the agency is
  955  within its statutory authority, and the rule was adopted in
  956  compliance with the requirements and limitations of s.
  957  120.54(4).
  958         Section 6. Paragraphs (a) and (c) of subsection (1) of
  959  section 120.55, Florida Statutes, are amended to read:
  960         120.55 Publication.—
  961         (1) The Department of State shall:
  962         (a)1. Through a continuous revision and publication system,
  963  compile and publish electronically, on a website managed by the
  964  department, the “Florida Administrative Code.” The Florida
  965  Administrative Code shall contain all rules adopted by each
  966  agency, citing the grant of rulemaking authority and the
  967  specific law implemented pursuant to which each rule was
  968  adopted, all history notes as authorized in s. 120.545(7),
  969  complete indexes to all rules contained in the code, and any
  970  other material required or authorized by law or deemed useful by
  971  the department. The electronic code shall display each rule
  972  chapter currently in effect in browse mode and allow full text
  973  search of the code and each rule chapter. The department may
  974  contract with a publishing firm for a printed publication;
  975  however, the department shall retain responsibility for the code
  976  as provided in this section. The electronic publication shall be
  977  the official compilation of the administrative rules of this
  978  state. The Florida Administrative Code shall be published once
  979  daily by 8 a.m. If, after publication, a rule is corrected and
  980  replaced, the Florida Administrative Code must indicate:
  981         a. That the Florida Administrative Code has been
  982  republished.
  983         b. The rule that has been corrected by the Department of
  984  State.
  985  
  986  The Department of State shall retain the copyright over the
  987  Florida Administrative Code.
  988         2. Not publish in the Florida Administrative Code rules
  989  general in form but applicable to only one school district,
  990  community college district, or county, or a part thereof, or
  991  state university rules relating to internal personnel or
  992  business and finance shall not be published in the Florida
  993  Administrative Code. Exclusion from publication in the Florida
  994  Administrative Code does shall not affect the validity or
  995  effectiveness of such rules.
  996         3. At the beginning of the section of the code dealing with
  997  an agency that files copies of its rules with the department,
  998  the department shall publish the address and telephone number of
  999  the executive offices of each agency, the manner by which the
 1000  agency indexes its rules, a listing of all rules of that agency
 1001  excluded from publication in the code, and a statement as to
 1002  where those rules may be inspected.
 1003         4. Not publish forms shall not be published in the Florida
 1004  Administrative Code; but any form which an agency uses in its
 1005  dealings with the public, along with any accompanying
 1006  instructions, shall be filed with the committee before it is
 1007  used. Any form or instruction which meets the definition of
 1008  “rule” provided in s. 120.52 shall be incorporated by reference
 1009  into the appropriate rule. The reference shall specifically
 1010  state that the form is being incorporated by reference and shall
 1011  include the number, title, and effective date of the form and an
 1012  explanation of how the form may be obtained. Each form created
 1013  by an agency which is incorporated by reference in a rule notice
 1014  of which is given under s. 120.54(3)(a) after December 31, 2007,
 1015  must clearly display the number, title, and effective date of
 1016  the form and the number of the rule in which the form is
 1017  incorporated.
 1018         5. Require all materials incorporated by reference in any
 1019  part of an adopted rule and in any part of a repromulgated rule
 1020  The department shall allow adopted rules and material
 1021  incorporated by reference to be filed in the manner prescribed
 1022  by s. 120.54(1)(i)3.a. or s. 120.54(1)(i)3.b. electronic form as
 1023  prescribed by department rule. When a rule is filed for adoption
 1024  or repromulgation with incorporated material in electronic form,
 1025  the department’s publication of the Florida Administrative Code
 1026  on its website must contain a hyperlink from the incorporating
 1027  reference in the rule directly to that material. The department
 1028  may not allow hyperlinks from rules in the Florida
 1029  Administrative Code to any material other than that filed with
 1030  and maintained by the department, but may allow hyperlinks to
 1031  incorporated material maintained by the department from the
 1032  adopting agency’s website or other sites.
 1033         6. Include the date of any technical changes to a rule in
 1034  the history note of the rule in the Florida Administrative Code.
 1035  A technical change does not affect the effective date of the
 1036  rule.
 1037         (c) Prescribe by rule the style and form required for
 1038  rules, notices, and other materials submitted for filing,
 1039  including a rule requiring documents created by an agency which
 1040  are proposed to be incorporated by reference in notices
 1041  published pursuant to s. 120.54(3)(a) and (d) to be coded in the
 1042  same manner as notices published pursuant to s. 120.54(3)(a)1.
 1043         Section 7. Subsection (1) and paragraph (a) of subsection
 1044  (2) of section 120.74, Florida Statutes, are amended to read:
 1045         120.74 Agency annual rulemaking and regulatory plans;
 1046  reports.—
 1047         (1) REGULATORY PLAN.—By October 1 of each year, each agency
 1048  shall prepare a regulatory plan.
 1049         (a) The plan must include a listing of each law enacted or
 1050  amended during the previous 12 months which creates or modifies
 1051  the duties or authority of the agency. If the Governor or the
 1052  Attorney General provides a letter to the committee stating that
 1053  a law affects all or most agencies, the agency may exclude the
 1054  law from its plan. For each law listed by an agency under this
 1055  paragraph, the plan must state:
 1056         1. Whether the agency must adopt rules to implement the
 1057  law.
 1058         2. If rulemaking is necessary to implement the law:
 1059         a. Whether a notice of rule development has been published
 1060  and, if so, the citation to such notice in the Florida
 1061  Administrative Register.
 1062         b. The date by which the agency expects to publish the
 1063  notice of proposed rule under s. 120.54(3)(a).
 1064         3. If rulemaking is not necessary to implement the law, a
 1065  concise written explanation of the reasons why the law may be
 1066  implemented without rulemaking.
 1067         (b) The plan must also identify and describe each rule,
 1068  including each rule number or proposed rule number, include a
 1069  listing of each law not otherwise listed pursuant to paragraph
 1070  (a) which the agency expects to develop, adopt, or repeal for
 1071  the 12-month period beginning on October 1 and ending on
 1072  September 30 implement by rulemaking before the following July
 1073  1, excluding emergency rules except emergency rulemaking. For
 1074  each rule law listed under this paragraph, the plan must state
 1075  whether the rulemaking is intended to simplify, clarify,
 1076  increase efficiency, improve coordination with other agencies,
 1077  reduce regulatory costs, or delete obsolete, unnecessary, or
 1078  redundant rules.
 1079         (c) The plan must include any desired update to the prior
 1080  year’s regulatory plan or supplement published pursuant to
 1081  subsection (7). If, in a prior year, a law was identified under
 1082  this paragraph or under subparagraph (a)1. as a law requiring
 1083  rulemaking to implement but a notice of proposed rule has not
 1084  been published:
 1085         1. The agency shall identify and again list such law,
 1086  noting the applicable notice of rule development by citation to
 1087  the Florida Administrative Register; or
 1088         2. If the agency has subsequently determined that
 1089  rulemaking is not necessary to implement the law, the agency
 1090  shall identify such law, reference the citation to the
 1091  applicable notice of rule development in the Florida
 1092  Administrative Register, and provide a concise written
 1093  explanation of the reason why the law may be implemented without
 1094  rulemaking.
 1095         (d) The plan must identify any rules required to be
 1096  repromulgated pursuant to s. 120.5435 for the 12-month period
 1097  beginning on October 1 and ending on September 30.
 1098         (e)(d) The plan must include a certification executed on
 1099  behalf of the agency by both the agency head, or, if the agency
 1100  head is a collegial body, the presiding officer; and the
 1101  individual acting as principal legal advisor to the agency head.
 1102  The certification must declare:
 1103         1. Verify That the persons executing the certification have
 1104  reviewed the plan.
 1105         2. Verify That the agency regularly reviews all of its
 1106  rules and identify the period during which all rules have most
 1107  recently been reviewed to determine if the rules remain
 1108  consistent with the agency’s rulemaking authority and the laws
 1109  implemented.
 1110         3. That the agency understands that regulatory
 1111  accountability is necessary to ensure public confidence in the
 1112  integrity of state government and, to that end, the agency is
 1113  diligently working toward lowering the total number of rules
 1114  adopted.
 1115         4. The total number of rules adopted and repealed during
 1116  the previous 12 months.
 1117         (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
 1118         (a) By October 1 of each year, each agency shall:
 1119         1. Publish its regulatory plan on its website or on another
 1120  state website established for publication of administrative law
 1121  records. A clearly labeled hyperlink to the current plan must be
 1122  included on the agency’s primary website homepage.
 1123         2. Electronically deliver to the committee a copy of the
 1124  certification required in paragraph (1)(e) (1)(d).
 1125         3. Publish in the Florida Administrative Register a notice
 1126  identifying the date of publication of the agency’s regulatory
 1127  plan. The notice must include a hyperlink or website address
 1128  providing direct access to the published plan.
 1129         Section 8. Subsection (11) of section 120.80, Florida
 1130  Statutes, is amended to read:
 1131         120.80 Exceptions and special requirements; agencies.—
 1132         (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s.
 1133  120.52(16), the enlistment, organization, administration,
 1134  equipment, maintenance, training, and discipline of the militia,
 1135  National Guard, organized militia, and unorganized militia, as
 1136  provided by s. 2, Art. X of the State Constitution, are not
 1137  rules as defined by this chapter.
 1138         Section 9. Paragraph (c) of subsection (1) of section
 1139  120.81, Florida Statutes, is amended to read:
 1140         120.81 Exceptions and special requirements; general areas.—
 1141         (1) EDUCATIONAL UNITS.—
 1142         (c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests,
 1143  test scoring criteria, or testing procedures relating to student
 1144  assessment which are developed or administered by the Department
 1145  of Education pursuant to s. 1003.4282, s. 1008.22, or s.
 1146  1008.25, or any other statewide educational tests required by
 1147  law, are not rules.
 1148         Section 10. Paragraph (a) of subsection (1) of section
 1149  420.9072, Florida Statutes, is amended to read:
 1150         420.9072 State Housing Initiatives Partnership Program.—The
 1151  State Housing Initiatives Partnership Program is created for the
 1152  purpose of providing funds to counties and eligible
 1153  municipalities as an incentive for the creation of local housing
 1154  partnerships, to expand production of and preserve affordable
 1155  housing, to further the housing element of the local government
 1156  comprehensive plan specific to affordable housing, and to
 1157  increase housing-related employment.
 1158         (1)(a) In addition to the legislative findings set forth in
 1159  s. 420.6015, the Legislature finds that affordable housing is
 1160  most effectively provided by combining available public and
 1161  private resources to conserve and improve existing housing and
 1162  provide new housing for very-low-income households, low-income
 1163  households, and moderate-income households. The Legislature
 1164  intends to encourage partnerships in order to secure the
 1165  benefits of cooperation by the public and private sectors and to
 1166  reduce the cost of housing for the target group by effectively
 1167  combining all available resources and cost-saving measures. The
 1168  Legislature further intends that local governments achieve this
 1169  combination of resources by encouraging active partnerships
 1170  between government, lenders, builders and developers, real
 1171  estate professionals, advocates for low-income persons, and
 1172  community groups to produce affordable housing and provide
 1173  related services. Extending the partnership concept to encompass
 1174  cooperative efforts among small counties as defined in s. 120.52
 1175  s. 120.52(19), and among counties and municipalities is
 1176  specifically encouraged. Local governments are also intended to
 1177  establish an affordable housing advisory committee to recommend
 1178  monetary and nonmonetary incentives for affordable housing as
 1179  provided in s. 420.9076.
 1180         Section 11. Subsection (7) of section 420.9075, Florida
 1181  Statutes, is amended to read:
 1182         420.9075 Local housing assistance plans; partnerships.—
 1183         (7) The moneys deposited in the local housing assistance
 1184  trust fund shall be used to administer and implement the local
 1185  housing assistance plan. The cost of administering the plan may
 1186  not exceed 5 percent of the local housing distribution moneys
 1187  and program income deposited into the trust fund. A county or an
 1188  eligible municipality may not exceed the 5-percent limitation on
 1189  administrative costs, unless its governing body finds, by
 1190  resolution, that 5 percent of the local housing distribution
 1191  plus 5 percent of program income is insufficient to adequately
 1192  pay the necessary costs of administering the local housing
 1193  assistance plan. The cost of administering the program may not
 1194  exceed 10 percent of the local housing distribution plus 5
 1195  percent of program income deposited into the trust fund, except
 1196  that small counties, as defined in s. 120.52 s. 120.52(19), and
 1197  eligible municipalities receiving a local housing distribution
 1198  of up to $350,000 may use up to 10 percent of program income for
 1199  administrative costs.
 1200         Section 12. Paragraph (d) of subsection (1) of section
 1201  443.091, Florida Statutes, is amended to read:
 1202         443.091 Benefit eligibility conditions.—
 1203         (1) An unemployed individual is eligible to receive
 1204  benefits for any week only if the Department of Economic
 1205  Opportunity finds that:
 1206         (d) She or he is able to work and is available for work. In
 1207  order to assess eligibility for a claimed week of unemployment,
 1208  the department shall develop criteria to determine a claimant’s
 1209  ability to work and availability for work. A claimant must be
 1210  actively seeking work in order to be considered available for
 1211  work. This means engaging in systematic and sustained efforts to
 1212  find work, including contacting at least five prospective
 1213  employers for each week of unemployment claimed. The department
 1214  may require the claimant to provide proof of such efforts to the
 1215  one-stop career center as part of reemployment services. A
 1216  claimant’s proof of work search efforts may not include the same
 1217  prospective employer at the same location in 3 consecutive
 1218  weeks, unless the employer has indicated since the time of the
 1219  initial contact that the employer is hiring. The department
 1220  shall conduct random reviews of work search information provided
 1221  by claimants. As an alternative to contacting at least five
 1222  prospective employers for any week of unemployment claimed, a
 1223  claimant may, for that same week, report in person to a one-stop
 1224  career center to meet with a representative of the center and
 1225  access reemployment services of the center. The center shall
 1226  keep a record of the services or information provided to the
 1227  claimant and shall provide the records to the department upon
 1228  request by the department. However:
 1229         1. Notwithstanding any other provision of this paragraph or
 1230  paragraphs (b) and (e), an otherwise eligible individual may not
 1231  be denied benefits for any week because she or he is in training
 1232  with the approval of the department, or by reason of s.
 1233  443.101(2) relating to failure to apply for, or refusal to
 1234  accept, suitable work. Training may be approved by the
 1235  department in accordance with criteria prescribed by rule. A
 1236  claimant’s eligibility during approved training is contingent
 1237  upon satisfying eligibility conditions prescribed by rule.
 1238         2. Notwithstanding any other provision of this chapter, an
 1239  otherwise eligible individual who is in training approved under
 1240  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1241  determined ineligible or disqualified for benefits due to
 1242  enrollment in such training or because of leaving work that is
 1243  not suitable employment to enter such training. As used in this
 1244  subparagraph, the term “suitable employment” means work of a
 1245  substantially equal or higher skill level than the worker’s past
 1246  adversely affected employment, as defined for purposes of the
 1247  Trade Act of 1974, as amended, the wages for which are at least
 1248  80 percent of the worker’s average weekly wage as determined for
 1249  purposes of the Trade Act of 1974, as amended.
 1250         3. Notwithstanding any other provision of this section, an
 1251  otherwise eligible individual may not be denied benefits for any
 1252  week because she or he is before any state or federal court
 1253  pursuant to a lawfully issued summons to appear for jury duty.
 1254         4. Union members who customarily obtain employment through
 1255  a union hiring hall may satisfy the work search requirements of
 1256  this paragraph by reporting daily to their union hall.
 1257         5. The work search requirements of this paragraph do not
 1258  apply to persons who are unemployed as a result of a temporary
 1259  layoff or who are claiming benefits under an approved short-time
 1260  compensation plan as provided in s. 443.1116.
 1261         6. In small counties as defined in s. 120.52 s. 120.52(19),
 1262  a claimant engaging in systematic and sustained efforts to find
 1263  work must contact at least three prospective employers for each
 1264  week of unemployment claimed.
 1265         7. The work search requirements of this paragraph do not
 1266  apply to persons required to participate in reemployment
 1267  services under paragraph (e).
 1268         Section 13. This act shall take effect July 1, 2022.