Bill Text: FL S0742 | 2023 | Regular Session | Comm Sub


Bill Title: Administrative Procedures

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2023-05-05 - Died in Fiscal Policy [S0742 Detail]

Download: Florida-2023-S0742-Comm_Sub.html
       Florida Senate - 2023                              CS for SB 742
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senators Grall and Hooper
       
       
       
       
       592-03114-23                                           2023742c1
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.52, F.S.; defining the terms “repromulgation”
    4         and “technical change”; amending s. 120.54, F.S.;
    5         applying certain provisions applicable to all rules
    6         other than emergency rules to rules amended or
    7         repromulgated after a specified date; requiring
    8         agencies to publish a certain notice of rule
    9         development in the Florida Administrative Register
   10         within a specified timeframe before providing
   11         specified notice of a proposed rule; requiring that a
   12         notice of rule development cite the grant of
   13         rulemaking authority; requiring that a notice of rule
   14         development contain a proposed rule number and
   15         specified statements; requiring that notice of a
   16         proposed rule be published in the Florida
   17         Administrative Register within a specified timeframe
   18         after the most recent notice of rule development;
   19         revising the scope of public workshops to include
   20         information gathered for the preparation of statements
   21         of estimated regulatory costs; requiring that a notice
   22         of proposed rule include a website address where a
   23         statement of regulatory costs can be viewed; requiring
   24         that a notice of proposed rule include a request for
   25         the submission of any helpful information regarding
   26         the statement of estimated regulatory costs; requiring
   27         that material proposed to be incorporated by reference
   28         and the statement of estimated regulatory costs be
   29         made available to the public; requiring that material
   30         proposed to be incorporated by reference be made
   31         available in a specified manner; authorizing
   32         electronic delivery of notices to persons who have
   33         requested advance notice of agency rulemaking
   34         proceedings; requiring an agency to prepare a
   35         statement of estimated regulatory costs before
   36         adopting or amending any rule other than an emergency
   37         rule; providing that an agency is not required to
   38         prepare a statement of estimated regulatory costs
   39         before repealing a rule; providing an exception;
   40         requiring that certain rule repeals be considered
   41         presumptively correct in a proceeding before the
   42         Division of Administrative Hearings or a court of
   43         competent jurisdiction; revising the criteria under
   44         which a proposed rule’s adverse impact on small
   45         businesses is deemed to exist; requiring an agency to
   46         provide notice of a regulatory alternative to the
   47         Administrative Procedures Committee within a certain
   48         timeframe; requiring certain agency personnel to
   49         attend public hearings on proposed rules; requiring an
   50         agency to publish a notice of convening a separate
   51         proceeding in certain circumstances; providing that
   52         rulemaking timelines are tolled during such separate
   53         proceedings; providing that such timelines resume the
   54         day after the conclusion of such proceedings;
   55         requiring that notice of conclusion of such
   56         proceedings be provided to the committee; revising the
   57         requirements for the contents of a notice of change;
   58         requiring the committee to notify the Department of
   59         State that the date for an agency to adopt a proposed
   60         rule has expired under certain circumstances;
   61         requiring the department to publish a notice of
   62         withdrawal under certain circumstances; requiring the
   63         agency, upon approval of the agency head, to
   64         electronically file with the department a certified
   65         copy of the proposed rule; requiring the committee to
   66         notify the department that the agency has failed to
   67         withdraw a rule within a specified timeframe;
   68         requiring the department to publish a notice of
   69         withdrawal of the rule; prohibiting an emergency rule
   70         from being effective for longer than a specified
   71         timeframe; providing that such rule is not renewable;
   72         providing an exception; requiring that emergency rules
   73         be published in the Florida Administrative Code;
   74         authorizing agencies to supersede an emergency rule
   75         through adoption of another emergency rule; providing
   76         the requirements for adopting the new rule;
   77         authorizing an agency to make technical changes to an
   78         emergency rule during a specified timeframe; requiring
   79         that notice of renewal of an emergency rule be
   80         published in the Florida Administrative Register
   81         before the expiration of the existing rule; requiring
   82         that the notice state specified facts and reasons;
   83         requiring that emergency rules be published in a
   84         certain section of the Florida Administrative Code;
   85         requiring specified emergency rules to contain a
   86         certain history note; providing that certain emergency
   87         rules may be repealed at any time while the emergency
   88         rule is in effect by publishing a certain notice in
   89         the Florida Administrative Register; requiring an
   90         agency to file a copy of a certain petition with the
   91         committee; making technical changes; amending s.
   92         120.541, F.S.; requiring an agency to provide a copy
   93         of a proposal for a lower cost regulatory alternative
   94         to the committee within a certain timeframe;
   95         specifying the circumstances under which such proposal
   96         is deemed to be made in good faith; revising
   97         requirements for an agency’s consideration of a lower
   98         cost regulatory alternative; providing for an agency’s
   99         revision and publication of a revised statement of
  100         estimated regulatory costs in response to such
  101         alternatives; requiring that the revised statement of
  102         estimated regulatory costs be made available in the
  103         same manner as the original; deleting the definition
  104         of the term “transactional costs”; revising the
  105         applicability of specified provisions; providing
  106         additional requirements for the calculation of
  107         estimated regulatory costs; making technical changes;
  108         conforming provisions to changes made by the act;
  109         conforming a cross-reference; creating s. 120.5435,
  110         F.S.; providing legislative intent; requiring agency
  111         review of rules and repromulgation of rules that do
  112         not require substantive changes within a specified
  113         timeframe; requiring that such rules be reviewed
  114         periodically; requiring the agency to publish any
  115         variation from this schedule in the agency’s
  116         regulatory plan; requiring the committee to provide
  117         each agency with a specified list; providing that the
  118         failure of an agency to adhere to specified deadlines
  119         constitutes a material failure and is the basis for a
  120         specified objection; requiring an agency to publish a
  121         notice of repromulgation in the Florida Administrative
  122         Register and file a rule for repromulgation with the
  123         department within a specified timeframe; requiring an
  124         agency to file a notice of repromulgation with the
  125         committee within a specified timeframe; requiring the
  126         committee to certify if the agency has provided
  127         certain responses to the committee; providing that a
  128         repromulgated rule is not subject to challenge as a
  129         proposed rule and that certain hearing requirements do
  130         not apply; requiring an agency to electronically file
  131         a certified copy of a proposed repromulgated rule and
  132         any material incorporated by reference; providing that
  133         a rule is considered repromulgated upon filing with
  134         the department; requiring the department to update
  135         certain information in the Florida Administrative
  136         Code; requiring the committee to submit a specified
  137         list to the Legislature, within a specified timeframe;
  138         requiring the agency to initiate rulemaking
  139         proceedings to repeal certain rules within a specified
  140         timeframe if certain conditions exist; requiring the
  141         department to adopt rules by a certain date; creating
  142         s. 120.5436, F.S.; providing legislative intent;
  143         requiring the Department of Environmental Protection
  144         and water management districts to conduct a holistic
  145         review of certain permitting processes and programs;
  146         providing the scope and purpose of the review;
  147         providing the factors the department and districts
  148         must consider when conducting the review; requiring
  149         the department and districts to submit a specified
  150         report to the Governor and Legislature by a specified
  151         date; amending s. 120.545, F.S.; requiring the
  152         committee to examine certain existing rules; amending
  153         s. 120.55, F.S.; requiring the Department of State to
  154         publish the Florida Administrative Register once each
  155         business day by a specified time; providing
  156         exceptions; requiring the department to indicate if a
  157         rule, proposed rule, or notice of rule development was
  158         corrected or replaced by republishing the register and
  159         noting the rule, proposed rule, or notice of rule
  160         development was corrected; requiring that certain
  161         rulemaking timeframes revert to the initial date of
  162         publication; requiring the agency, rather than the
  163         department, to publish specified information at the
  164         beginning of specified sections of the code; requiring
  165         that materials incorporated by reference be filed in a
  166         specified manner; requiring the department to include
  167         the date of a technical rule change in the Florida
  168         Administrative Code; providing that a technical change
  169         does not affect the effective date of a rule; revising
  170         the required contents of the Florida Administrative
  171         Register; requiring the department to adopt specified
  172         rules; amending s. 120.56, F.S.; conforming a cross
  173         reference; amending s. 120.74, F.S.; requiring an
  174         agency to list each rule it plans to develop, adopt,
  175         or repeal during the forthcoming year in the agency’s
  176         annual regulatory plan; requiring that an agency’s
  177         annual regulatory plan identify any rules required to
  178         be repromulgated during the forthcoming year;
  179         requiring the agency to make certain declarations
  180         concerning the annual regulatory plan; amending ss.
  181         120.80, 120.81, 420.9072, 420.9075, and 443.091, F.S.;
  182         conforming cross-references; providing an effective
  183         date.
  184          
  185  Be It Enacted by the Legislature of the State of Florida:
  186  
  187         Section 1. Present subsections (16) through (19) and (20),
  188  (21), and (22) of section 120.52, Florida Statutes, are
  189  redesignated as subsections (17) through (20) and (22), (23),
  190  and (24), respectively, and new subsections (16) and (21) are
  191  added to that section, to read:
  192         120.52 Definitions.—As used in this act:
  193         (16)“Repromulgation” means the publication and adoption of
  194  an existing rule following an agency’s review of the rule for
  195  consistency with the powers and duties granted by its enabling
  196  statute.
  197         (21)“Technical change” means a change limited to
  198  correcting grammatical, typographical, and similar errors not
  199  affecting the substance of a rule.
  200         Section 2. Paragraph (i) of subsection (1), subsections (2)
  201  and (3), paragraph (c) of subsection (4), and paragraph (a) of
  202  subsection (7) of section 120.54, Florida Statutes, are amended,
  203  and paragraphs (e) through (j) are added to subsection (4) of
  204  that section, to read:
  205         120.54 Rulemaking.—
  206         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
  207  EMERGENCY RULES.—
  208         (i)1. A rule may incorporate material by reference but only
  209  as the material exists on the date the rule is adopted. For
  210  purposes of the rule, changes in the material are not effective
  211  unless the rule is amended to incorporate the changes.
  212         2. An agency rule that incorporates by specific reference
  213  another rule of that agency automatically incorporates
  214  subsequent amendments to the referenced rule unless a contrary
  215  intent is clearly indicated in the referencing rule. A notice of
  216  amendments to a rule that has been incorporated by specific
  217  reference in other rules of that agency must explain the effect
  218  of those amendments on the referencing rules.
  219         3. In rules adopted after December 31, 2010, and rules
  220  amended or repromulgated on or after July 1, 2023, material may
  221  not be incorporated by reference unless:
  222         a. The material has been submitted in the prescribed
  223  electronic format to the Department of State and the full text
  224  of the material can be made available for free public access
  225  through an electronic hyperlink from the rule making the
  226  reference in the Florida Administrative Code; or
  227         b. The agency has determined that posting the material on
  228  the Internet for purposes of public examination and inspection
  229  would constitute a violation of federal copyright law, in which
  230  case a statement to that effect, along with the address of
  231  locations at the Department of State and the agency at which the
  232  material is available for public inspection and examination,
  233  must be included in the notice required by subparagraph (3)(a)1.
  234         4. A rule may not be amended by reference only. Amendments
  235  must set out the amended rule in full in the same manner as
  236  required by the State Constitution for laws.
  237         5. Notwithstanding any contrary provision in this section,
  238  when an adopted rule of the Department of Environmental
  239  Protection or a water management district is incorporated by
  240  reference in the other agency’s rule to implement a provision of
  241  part IV of chapter 373, subsequent amendments to the rule are
  242  not effective as to the incorporating rule unless the agency
  243  incorporating by reference notifies the committee and the
  244  Department of State of its intent to adopt the subsequent
  245  amendment, publishes notice of such intent in the Florida
  246  Administrative Register, and files with the Department of State
  247  a copy of the amended rule incorporated by reference. Changes in
  248  the rule incorporated by reference are effective as to the other
  249  agency 20 days after the date of the published notice and filing
  250  with the Department of State. The Department of State shall
  251  amend the history note of the incorporating rule to show the
  252  effective date of such change. Any substantially affected person
  253  may, within 14 days after the date of publication of the notice
  254  of intent in the Florida Administrative Register, file an
  255  objection to rulemaking with the agency. The objection must
  256  shall specify the portions of the rule incorporated by reference
  257  to which the person objects and the reasons for the objection.
  258  The agency does shall not have the authority under this
  259  subparagraph to adopt those portions of the rule specified in
  260  such objection. The agency shall publish notice of the objection
  261  and of its action in response in the next available issue of the
  262  Florida Administrative Register.
  263         6. The Department of State may adopt by rule requirements
  264  for incorporating materials pursuant to this paragraph.
  265         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  266         (a)1. Except when the intended action is the repeal of a
  267  rule, agencies shall provide notice of the development of
  268  proposed rules by publication of a notice of rule development in
  269  the Florida Administrative Register at least 7 days before
  270  providing notice of a proposed rule as required by paragraph
  271  (3)(a). The notice of rule development must shall indicate the
  272  subject area to be addressed by rule development, provide a
  273  short, plain explanation of the purpose and effect of the
  274  proposed rule, cite the grant of rulemaking authority for the
  275  proposed rule and the law being implemented specific legal
  276  authority for the proposed rule, and include the proposed rule
  277  number and the preliminary text of the proposed rules, if
  278  available, or a statement of how a person may promptly obtain,
  279  without cost, a copy of any preliminary draft, when if
  280  available. The notice must also include a request for the
  281  submission of any information that would be helpful to the
  282  agency in preparing the statement of estimated regulatory costs
  283  required pursuant to paragraph (3)(b) and a statement of how a
  284  person may submit comments on the proposal and how a person may
  285  provide information regarding the potential regulatory costs.
  286         2.A notice of a proposed rule must be published in the
  287  Florida Administrative Register within 12 months after the most
  288  recent notice of rule development.
  289         (b) All rules should be drafted in readable language. The
  290  language is readable if it:
  291         1. It Avoids the use of obscure words and unnecessarily
  292  long or complicated constructions; and
  293         2. It Avoids the use of unnecessary technical or
  294  specialized language that is understood only by members of
  295  particular trades or professions.
  296         (c) An agency may hold public workshops for purposes of
  297  rule development and information gathering for the preparation
  298  of the statement of estimated regulatory costs. If requested in
  299  writing by any affected person, an agency must hold public
  300  workshops, including workshops in various regions of this the
  301  state or the agency’s service area, for purposes of rule
  302  development and information gathering for the preparation of the
  303  statement of estimated regulatory costs if requested in writing
  304  by any affected person, unless the agency head explains in
  305  writing why a workshop is unnecessary. The explanation is not
  306  final agency action subject to review pursuant to ss. 120.569
  307  and 120.57. The failure to provide the explanation when required
  308  may be a material error in procedure pursuant to s.
  309  120.56(1)(c). When a workshop or public hearing is held, the
  310  agency must ensure that the persons responsible for preparing
  311  the proposed rule and the statement of estimated regulatory
  312  costs are available to receive public input, to explain the
  313  agency’s proposal, and to respond to questions or comments
  314  regarding the rule being developed and the statement of
  315  estimated regulatory costs. The workshop may be facilitated or
  316  mediated by a neutral third person, or the agency may employ
  317  other types of dispute resolution alternatives for the workshop
  318  that are appropriate for rule development and for preparation of
  319  the statement of estimated regulatory costs. Notice of a
  320  workshop for rule development and for preparation of the
  321  statement of estimated regulatory costs must workshop shall be
  322  by publication in the Florida Administrative Register not less
  323  than 14 days before prior to the date on which the workshop is
  324  scheduled to be held and must shall indicate the subject area
  325  that which will be addressed; the agency contact person; and the
  326  place, date, and time of the workshop.
  327         (d)1. An agency may use negotiated rulemaking in developing
  328  and adopting rules. The agency should consider the use of
  329  negotiated rulemaking when complex rules are being drafted or
  330  strong opposition to the rules is anticipated. The agency should
  331  consider, but is not limited to considering, whether a balanced
  332  committee of interested persons who will negotiate in good faith
  333  can be assembled, whether the agency is willing to support the
  334  work of the negotiating committee, and whether the agency can
  335  use the group consensus as the basis for its proposed rule.
  336  Negotiated rulemaking uses a committee of designated
  337  representatives to draft a mutually acceptable proposed rule and
  338  to develop information necessary to prepare a statement of
  339  estimated regulatory costs, when applicable.
  340         2. An agency that chooses to use the negotiated rulemaking
  341  process described in this paragraph shall publish in the Florida
  342  Administrative Register a notice of negotiated rulemaking that
  343  includes a listing of the representative groups that will be
  344  invited to participate in the negotiated rulemaking process. Any
  345  person who believes that his or her interest is not adequately
  346  represented may apply to participate within 30 days after
  347  publication of the notice. All meetings of the negotiating
  348  committee must shall be noticed and open to the public pursuant
  349  to the provisions of this chapter. The negotiating committee
  350  shall be chaired by a neutral facilitator or mediator.
  351         3. The agency’s decision to use negotiated rulemaking, its
  352  selection of the representative groups, and approval or denial
  353  of an application to participate in the negotiated rulemaking
  354  process are not agency action. Nothing in This subparagraph is
  355  not intended to affect the rights of a substantially an affected
  356  person to challenge a proposed rule developed under this
  357  paragraph in accordance with s. 120.56(2).
  358         (3) ADOPTION PROCEDURES.—
  359         (a) Notices.—
  360         1. Before Prior to the adoption, amendment, or repeal of
  361  any rule other than an emergency rule, an agency, upon approval
  362  of the agency head, shall give notice of its intended action,
  363  setting forth a short, plain explanation of the purpose and
  364  effect of the proposed action; the proposed rule number and full
  365  text of the proposed rule or amendment and a summary thereof; a
  366  reference to the grant of rulemaking authority pursuant to which
  367  the rule is adopted; and a reference to the section or
  368  subsection of the Florida Statutes or the Laws of Florida being
  369  implemented or interpreted. The notice must include a concise
  370  summary of the agency’s statement of the estimated regulatory
  371  costs, if one has been prepared, based on the factors set forth
  372  in s. 120.541(2), which describes the regulatory impact of the
  373  rule in readable language; an agency website address where the
  374  statement of estimated regulatory costs can be viewed in its
  375  entirety; a statement that any person who wishes to provide the
  376  agency with information regarding the statement of estimated
  377  regulatory costs, or to provide a proposal for a lower cost
  378  regulatory alternative as provided by s. 120.541(1), must do so
  379  in writing within 21 days after publication of the notice; a
  380  request for the submission of any information that could be
  381  helpful to the agency regarding the statement of estimated
  382  regulatory costs; and a statement as to whether, based on the
  383  statement of the estimated regulatory costs or other information
  384  expressly relied upon and described by the agency if no
  385  statement of regulatory costs is required, the proposed rule is
  386  expected to require legislative ratification pursuant to s.
  387  120.541(3). The notice must state the procedure for requesting a
  388  public hearing on the proposed rule. Except when the intended
  389  action is the repeal of a rule, the notice must include a
  390  reference both to the date on which and to the place where the
  391  notice of rule development that is required by subsection (2)
  392  appeared.
  393         2. The notice must shall be published in the Florida
  394  Administrative Register at least not less than 28 days before
  395  prior to the intended action. The proposed rule, including all
  396  materials proposed to be incorporated by reference and the
  397  statement of estimated regulatory costs, must shall be available
  398  for inspection and copying by the public at the time of the
  399  publication of notice. Material proposed to be incorporated by
  400  reference in the notice must be made available in the manner
  401  prescribed by sub-subparagraph (1)(i)3.a. or sub-subparagraph
  402  (1)(i)3.b.
  403         3. The notice must shall be mailed or delivered
  404  electronically to all persons named in the proposed rule and
  405  mailed or delivered electronically to all persons who, at least
  406  14 days before publication of the notice prior to such mailing,
  407  have made requests of the agency for advance notice of its
  408  proceedings. The agency shall also give such notice as is
  409  prescribed by rule to those particular classes of persons to
  410  whom the intended action is directed.
  411         4. The adopting agency shall file with the committee, at
  412  least 21 days before prior to the proposed adoption date, a copy
  413  of each rule it proposes to adopt; a copy of any material
  414  incorporated by reference in the rule; a detailed written
  415  statement of the facts and circumstances justifying the proposed
  416  rule; a copy of the any statement of estimated regulatory costs
  417  that has been prepared pursuant to s. 120.541; a statement of
  418  the extent to which the proposed rule relates to federal
  419  standards or rules on the same subject; and the notice required
  420  by subparagraph 1.
  421         (b) Special matters to be considered in rule adoption.—
  422         1. Statement of estimated regulatory costs.—Before the
  423  adoption or, amendment, or repeal of any rule, other than an
  424  emergency rule, an agency must is encouraged to prepare a
  425  statement of estimated regulatory costs of the proposed rule, as
  426  provided by s. 120.541. However, an agency is not required to
  427  prepare a statement of estimated regulatory costs for a proposed
  428  rule repeal unless such repeal would impose a regulatory cost.
  429  In any challenge to a proposed rule repeal, a proposed rule
  430  repeal that only reduces or eliminates regulations on those
  431  individuals or entities regulated by the existing rule must be
  432  considered presumptively correct in any proceeding before the
  433  division or in any proceeding before a court of competent
  434  jurisdiction However, an agency must prepare a statement of
  435  estimated regulatory costs of the proposed rule, as provided by
  436  s. 120.541, if:
  437         a.The proposed rule will have an adverse impact on small
  438  business; or
  439         b.The proposed rule is likely to directly or indirectly
  440  increase regulatory costs in excess of $200,000 in the aggregate
  441  in this state within 1 year after the implementation of the
  442  rule.
  443         2. Small businesses, small counties, and small cities.—
  444         a. For purposes of this subsection and s. 120.541(2), an
  445  adverse impact on small businesses, as defined in s. 288.703 or
  446  sub-subparagraph b., exists if, for any small business:
  447         (I)An owner, officer, operator, or manager must complete
  448  any education, training, or testing to comply, or is likely to
  449  spend at least 10 hours or purchase professional advice to
  450  understand and comply, with the rule in the first year;
  451         (II)Taxes or fees assessed on transactions are likely to
  452  increase by $500 or more in the aggregate in 1 year;
  453         (III)Prices charged for goods and services are restricted
  454  or are likely to increase because of the rule;
  455         (IV)Specially trained, licensed, or tested employees will
  456  be required because of the rule;
  457         (V)Operating costs are expected to increase by at least
  458  $1,000 annually because of the rule; or
  459         (VI)Capital expenditures in excess of $1,000 are necessary
  460  to comply with the rule.
  461         b. Each agency, before the adoption, amendment, or repeal
  462  of a rule, shall consider the impact of the rule on small
  463  businesses as defined in by s. 288.703 and the impact of the
  464  rule on small counties or small cities as defined in by s.
  465  120.52. Whenever practicable, an agency shall tier its rules to
  466  reduce disproportionate impacts on small businesses, small
  467  counties, or small cities to avoid regulating small businesses,
  468  small counties, or small cities that do not contribute
  469  significantly to the problem the rule is designed to address. An
  470  agency may define “small business” to include businesses
  471  employing more than 200 persons, may define “small county” to
  472  include those with populations of more than 75,000, and may
  473  define “small city” to include those with populations of more
  474  than 10,000, if it finds that such a definition is necessary to
  475  adapt a rule to the needs and problems of small businesses,
  476  small counties, or small cities. The agency shall consider each
  477  of the following methods for reducing the impact of the proposed
  478  rule on small businesses, small counties, and small cities, or
  479  any combination of these entities:
  480         (I) Establishing less stringent compliance or reporting
  481  requirements in the rule.
  482         (II) Establishing less stringent schedules or deadlines in
  483  the rule for compliance or reporting requirements.
  484         (III) Consolidating or simplifying the rule’s compliance or
  485  reporting requirements.
  486         (IV) Establishing performance standards or best management
  487  practices to replace design or operational standards in the
  488  rule.
  489         (V) Exempting small businesses, small counties, or small
  490  cities from any or all requirements of the rule.
  491         c.(I)b.(I) If the agency determines that the proposed
  492  action will affect small businesses as defined by the agency as
  493  provided in sub-subparagraph b. a., the agency must shall send
  494  written notice of the rule to the rules ombudsman in the
  495  Executive Office of the Governor at least 28 days before the
  496  intended action.
  497         (II) Each agency shall adopt those regulatory alternatives
  498  offered by the rules ombudsman in the Executive Office of the
  499  Governor and provided to the agency no later than 21 days after
  500  the rules ombudsman’s receipt of the written notice of the rule
  501  which it finds are feasible and consistent with the stated
  502  objectives of the proposed rule and which would reduce the
  503  impact on small businesses. When regulatory alternatives are
  504  offered by the rules ombudsman in the Executive Office of the
  505  Governor, the 90-day period for filing the rule in subparagraph
  506  (e)2. is extended for a period of 21 days. The agency shall
  507  provide notice to the committee of any regulatory alternative
  508  offered to the agency pursuant to this sub-subparagraph at least
  509  21 days before filing the proposed rule for adoption.
  510         (III) If an agency does not adopt all alternatives offered
  511  pursuant to this sub-subparagraph, it must shall, before rule
  512  adoption or amendment and pursuant to subparagraph (d)1., file a
  513  detailed written statement with the committee explaining the
  514  reasons for failure to adopt such alternatives. Within 3 working
  515  days after the filing of such notice, the agency shall send a
  516  copy of such notice to the rules ombudsman in the Executive
  517  Office of the Governor.
  518         (c) Hearings.—
  519         1. If the intended action concerns any rule other than one
  520  relating exclusively to procedure or practice, the agency must
  521  shall, on the request of any affected person received within 21
  522  days after the date of publication of the notice of intended
  523  agency action, give affected persons an opportunity to present
  524  evidence and argument on all issues under consideration. The
  525  agency may schedule a public hearing on the proposed rule and,
  526  if requested by any affected person, must shall schedule a
  527  public hearing on the proposed rule. When a public hearing is
  528  held, the agency must ensure that the persons responsible for
  529  preparing the proposed rule and the statement of estimated
  530  regulatory costs staff are in attendance available to explain
  531  the agency’s proposal and to respond to questions or comments
  532  regarding the proposed rule, the statement of estimated
  533  regulatory costs, and the agency’s decision on whether to adopt
  534  a lower cost regulatory alternative submitted pursuant to s.
  535  120.541(1)(a). If the agency head is a board or other collegial
  536  body created under s. 20.165(4) or s. 20.43(3)(g), and one or
  537  more requested public hearings is scheduled, the board or other
  538  collegial body must shall conduct at least one of the public
  539  hearings itself and may not delegate this responsibility without
  540  the consent of those persons requesting the public hearing. Any
  541  material pertinent to the issues under consideration submitted
  542  to the agency within 21 days after the date of publication of
  543  the notice or submitted to the agency between the date of
  544  publication of the notice and the end of the final public
  545  hearing must shall be considered by the agency and made a part
  546  of the record of the rulemaking proceeding.
  547         2. Rulemaking proceedings are shall be governed solely by
  548  the provisions of this section unless a person timely asserts
  549  that the person’s substantial interests will be affected in the
  550  proceeding and affirmatively demonstrates to the agency that the
  551  proceeding does not provide adequate opportunity to protect
  552  those interests. If the agency determines that the rulemaking
  553  proceeding is not adequate to protect the person’s interests, it
  554  must shall suspend the rulemaking proceeding and convene a
  555  separate proceeding under the provisions of ss. 120.569 and
  556  120.57. The agency shall publish notice of convening a separate
  557  proceeding in the Florida Administrative Register. Similarly
  558  situated persons may be requested to join and participate in the
  559  separate proceeding. Upon conclusion of the separate proceeding,
  560  the rulemaking proceeding shall be resumed. All timelines in
  561  this section are tolled during any suspension of the rulemaking
  562  proceeding under this subparagraph, beginning on the date the
  563  notice of convening a separate proceeding is published, and the
  564  timelines shall resume the day after conclusion of the separate
  565  proceedings, notice of which must be provided to the committee.
  566         (d) Modification or withdrawal of proposed rules.—
  567         1. After the final public hearing on the proposed rule, or
  568  after the time for requesting a hearing has expired, if the
  569  proposed rule has not been changed from the proposed rule as
  570  previously filed with the committee, or contains only technical
  571  changes, the adopting agency shall file a notice to that effect
  572  with the committee at least 7 days before prior to filing the
  573  proposed rule for adoption. Any change, other than a technical
  574  change that does not affect the substance of the rule, must be
  575  supported by the record of public hearings held on the proposed
  576  rule, must be in response to written material submitted to the
  577  agency within 21 days after the date of publication of the
  578  notice of intended agency action or submitted to the agency
  579  between the date of publication of the notice and the end of the
  580  final public hearing, or must be in response to a proposed
  581  objection by the committee. Any change, other than a technical
  582  change, to a statement of estimated regulatory costs requires a
  583  notice of change. In addition, when any change, other than a
  584  technical change, to is made in a proposed rule text or any
  585  material incorporated by reference requires, other than a
  586  technical change, the adopting agency to shall provide a copy of
  587  a notice of change by certified mail or actual delivery to any
  588  person who requests it in writing no later than 21 days after
  589  the notice required in paragraph (a). The agency shall file the
  590  notice of change with the committee, along with the reasons for
  591  the change, and provide the notice of change to persons
  592  requesting it, at least 21 days before prior to filing the
  593  proposed rule for adoption. The notice of change must shall be
  594  published in the Florida Administrative Register at least 21
  595  days before prior to filing the proposed rule for adoption. The
  596  notice of change must include a summary of any revision of the
  597  statement of estimated regulatory costs required by s.
  598  120.541(1)(c). This subparagraph does not apply to emergency
  599  rules adopted pursuant to subsection (4). Material proposed to
  600  be incorporated by reference in the notice required by this
  601  subparagraph must be made available in the manner prescribed by
  602  sub-subparagraph (1)(i)3.a. or sub-subparagraph (1)(i)3.b. and
  603  include a summary of substantive revisions to any material
  604  proposed to be incorporated by reference in the proposed rule.
  605         2. After the notice required by paragraph (a) and before
  606  prior to adoption, the agency may withdraw the proposed rule in
  607  whole or in part.
  608         3. After the notice required by paragraph (a), the agency
  609  must withdraw the proposed rule if the agency has failed to
  610  adopt it within the prescribed timeframes in this chapter. If
  611  the agency, 30 days after notice by the committee that the
  612  agency has failed to adopt the proposed rule within the
  613  prescribed timeframes in this chapter, has not given notice of
  614  the withdrawal of the proposed rule, the committee must notify
  615  the Department of State that the date for adoption of the rule
  616  has expired, and the Department of State must publish a notice
  617  of withdrawal of the proposed rule.
  618         4. After adoption and before the rule becomes effective, a
  619  rule may be modified or withdrawn only in the following
  620  circumstances:
  621         a. When the committee objects to the rule;
  622         b. When a final order, which is not subject to further
  623  appeal, is entered in a rule challenge brought pursuant to s.
  624  120.56 after the date of adoption but before the rule becomes
  625  effective pursuant to subparagraph (e)6.;
  626         c. If the rule requires ratification, when more than 90
  627  days have passed since the rule was filed for adoption without
  628  the Legislature ratifying the rule, in which case the rule may
  629  be withdrawn but may not be modified; or
  630         d. When the committee notifies the agency that an objection
  631  to the rule is being considered, in which case the rule may be
  632  modified to extend the effective date by not more than 60 days.
  633         5.4. The agency shall give notice of its decision to
  634  withdraw or modify a rule in the first available issue of the
  635  publication in which the original notice of rulemaking was
  636  published, shall notify those persons described in subparagraph
  637  (a)3. in accordance with the requirements of that subparagraph,
  638  and shall notify the Department of State if the rule is required
  639  to be filed with the Department of State.
  640         6.5. After a rule has become effective, it may be repealed
  641  or amended only through the rulemaking procedures specified in
  642  this chapter.
  643         (e) Filing for final adoption; effective date.—
  644         1. If the adopting agency is required to publish its rules
  645  in the Florida Administrative Code, the agency, upon approval of
  646  the agency head, must electronically shall file with the
  647  Department of State a three certified copy copies of the rule it
  648  proposes to adopt; one copy of any material incorporated by
  649  reference in the rule, certified by the agency; a summary of the
  650  rule; a summary of any hearings held on the rule; and a detailed
  651  written statement of the facts and circumstances justifying the
  652  rule. Agencies not required to publish their rules in the
  653  Florida Administrative Code shall file one certified copy of the
  654  proposed rule, and the other material required by this
  655  subparagraph, in the office of the agency head, and such rules
  656  must shall be open to the public.
  657         2. A rule may not be filed for adoption less than 28 days
  658  or more than 90 days after the notice required by paragraph (a),
  659  until 21 days after the notice of change required by paragraph
  660  (d), until 14 days after the final public hearing, until 21 days
  661  after a statement of estimated regulatory costs required under
  662  s. 120.541 has been provided to all persons who submitted a
  663  lower cost regulatory alternative and made available to the
  664  public at a readily accessible page on the agency’s website, or
  665  until the administrative law judge has rendered a decision under
  666  s. 120.56(2), whichever applies. When a required notice of
  667  change is published before prior to the expiration of the time
  668  to file the rule for adoption, the period during which a rule
  669  must be filed for adoption is extended to 45 days after the date
  670  of publication. If notice of a public hearing is published
  671  before prior to the expiration of the time to file the rule for
  672  adoption, the period during which a rule must be filed for
  673  adoption is extended to 45 days after adjournment of the final
  674  hearing on the rule, 21 days after receipt of all material
  675  authorized to be submitted at the hearing, or 21 days after
  676  receipt of the transcript, if one is made, whichever is latest.
  677  The term “public hearing” includes any public meeting held by
  678  any agency at which the rule is considered. If a petition for an
  679  administrative determination under s. 120.56(2) is filed, the
  680  period during which a rule must be filed for adoption is
  681  extended to 60 days after the administrative law judge files the
  682  final order with the clerk or until 60 days after subsequent
  683  judicial review is complete.
  684         3. At the time a rule is filed, the agency shall certify
  685  that the time limitations prescribed by this paragraph have been
  686  complied with, that all statutory rulemaking requirements have
  687  been met, and that there is no administrative determination
  688  pending on the rule.
  689         4. At the time a rule is filed, the committee shall certify
  690  whether the agency has responded in writing to all material and
  691  timely written comments or written inquiries made on behalf of
  692  the committee. The Department of State shall reject any rule
  693  that is not filed within the prescribed time limits; that does
  694  not comply with all statutory rulemaking requirements and rules
  695  of the Department of State; upon which an agency has not
  696  responded in writing to all material and timely written
  697  inquiries or written comments; upon which an administrative
  698  determination is pending; or which does not include a statement
  699  of estimated regulatory costs, if required.
  700         5. If a rule has not been adopted within the time limits
  701  imposed by this paragraph or has not been adopted in compliance
  702  with all statutory rulemaking requirements, the agency proposing
  703  the rule must shall withdraw the proposed rule and give notice
  704  of its action in the next available issue of the Florida
  705  Administrative Register. If the agency has not published notice
  706  of withdrawal of the rule during the 30 days after receiving
  707  notice from the committee that the agency has failed to withdraw
  708  the rule, the committee must notify the Department of State that
  709  the date for adoption of the rule has expired, and the
  710  Department of State must publish a notice of withdrawal of the
  711  rule.
  712         6. The proposed rule shall be adopted on being filed with
  713  the Department of State and becomes become effective 20 days
  714  after being filed, on a later date specified in the notice
  715  required by subparagraph (a)1., on a date required by statute,
  716  or upon ratification by the Legislature pursuant to s.
  717  120.541(3). Rules not required to be filed with the Department
  718  of State shall become effective when adopted by the agency head,
  719  on a later date specified by rule or statute, or upon
  720  ratification by the Legislature pursuant to s. 120.541(3). If
  721  the committee notifies an agency that an objection to a rule is
  722  being considered, the agency may postpone the adoption of the
  723  rule to accommodate review of the rule by the committee. When an
  724  agency postpones adoption of a rule to accommodate review by the
  725  committee, the 90-day period for filing the rule is tolled until
  726  the committee notifies the agency that it has completed its
  727  review of the rule.
  728  
  729  For the purposes of this paragraph, the term “administrative
  730  determination” does not include subsequent judicial review.
  731         (4) EMERGENCY RULES.—
  732         (c) Unless otherwise provided by law, an emergency rule may
  733  adopted under this subsection shall not be effective for a
  734  period longer than 90 days and is shall not be renewable, except
  735  when the agency has initiated rulemaking to adopt rules
  736  addressing the subject of the emergency rule and either:
  737         1. A challenge to the proposed rules has been filed and
  738  remains pending; or
  739         2. The proposed rules are awaiting ratification by the
  740  Legislature pursuant to s. 120.541(3).
  741  
  742  Nothing in This paragraph does not prohibit prohibits the agency
  743  from adopting a rule or rules identical to the emergency rule
  744  through the rulemaking procedures specified in subsection (3).
  745         (e)Emergency rules must be published in the Florida
  746  Administrative Code.
  747         (f)An agency may supersede an emergency rule currently in
  748  effect through adoption of another emergency rule. The agency
  749  must state the reason for adopting the new rule, in accordance
  750  with the procedures set forth in paragraph (a), and the new rule
  751  must be in effect for the duration of the effective period of
  752  the superseded rule. Technical changes to an emergency rule may
  753  be made within the first 7 days after adoption of the rule.
  754         (g)Any notice of the renewal of an emergency rule must be
  755  published in the Florida Administrative Register before the
  756  expiration of the existing emergency rule. The notice of renewal
  757  must state the specific facts and reasons for the renewal
  758  pursuant to paragraph (c).
  759         (h)All emergency rules must be published in the Florida
  760  Administrative Code in the section of the code dealing with the
  761  agency.
  762         (i)For emergency rules with an effective period longer
  763  than 90 days which are intended to replace existing rules, a
  764  note must be added to the history note of the existing rule
  765  which specifically identifies the emergency rule that is
  766  intended to supersede the existing rule and includes the date
  767  that the emergency rule was filed with the Department of State.
  768         (j)An emergency rule adopted under this subsection may be
  769  repealed at any time while the rule is in effect by publishing a
  770  notice in the Florida Administrative Register citing the reason
  771  for the repeal and the effective date of the repeal.
  772         (7) PETITION TO INITIATE RULEMAKING.—
  773         (a) Any person regulated by an agency or having substantial
  774  interest in an agency rule may petition an agency to adopt,
  775  amend, or repeal a rule or to provide the minimum public
  776  information required by this chapter. The petition must shall
  777  specify the proposed rule and action requested. The agency shall
  778  file a copy of the petition with the committee. No Not later
  779  than 30 calendar days after following the date of filing a
  780  petition, the agency shall initiate rulemaking proceedings under
  781  this chapter, otherwise comply with the requested action, or
  782  deny the petition with a written statement of its reasons for
  783  the denial.
  784         Section 3. Section 120.541, Florida Statutes, is amended to
  785  read:
  786         120.541 Statement of estimated regulatory costs.—
  787         (1)(a) Within 21 days after publication of the notice of a
  788  proposed rule or notice of change required under s.
  789  120.54(3)(a), a substantially affected person may submit to an
  790  agency a good faith written proposal for a lower cost regulatory
  791  alternative to a proposed rule which substantially accomplishes
  792  the objectives of the law being implemented. The agency shall
  793  provide a copy of any proposal for a lower cost regulatory
  794  alternative to the committee at least 21 days before filing the
  795  proposed rule for adoption. The proposal may include the
  796  alternative of not adopting any rule if the proposal explains
  797  how the lower costs and objectives of the law will be achieved
  798  by not adopting any rule. If submitted after a notice of change,
  799  a proposal for a lower cost regulatory alternative is deemed to
  800  be made in good faith only if the person reasonably believes,
  801  and the proposal states the person’s reasons for believing, that
  802  the proposed rule as changed by the notice of change increases
  803  the regulatory costs or creates an adverse impact on small
  804  businesses which was not created by the previous proposed rule.
  805  If such a proposal is submitted, the 90-day period for filing
  806  the rule is extended 21 days. Upon the submission of the lower
  807  cost regulatory alternative, the agency shall prepare a
  808  statement of estimated regulatory costs as provided in
  809  subsection (2), or shall revise its prior statement of estimated
  810  regulatory costs, and either adopt the alternative proposal,
  811  reject the alternative proposal, or modify the proposed rule to
  812  reduce the regulatory costs. If the agency rejects the
  813  alternative proposal or modifies the proposed rule, the agency
  814  must or provide a statement of the reasons for rejecting the
  815  alternative in favor of the proposed rule.
  816         (b)If a proposed rule will have an adverse impact on small
  817  business or if the proposed rule is likely to directly or
  818  indirectly increase regulatory costs in excess of $200,000 in
  819  the aggregate within 1 year after the implementation of the
  820  rule, the agency shall prepare a statement of estimated
  821  regulatory costs as required by s. 120.54(3)(b).
  822         (b)(c) The agency must shall revise a statement of
  823  estimated regulatory costs if any change to the rule made under
  824  s. 120.54(3)(d) increases the regulatory costs of the rule or if
  825  the rule is modified in response to the submission of a lower
  826  cost regulatory alternative. A summary of the revised statement
  827  must be included with any subsequent notice published under s.
  828  120.54(3).
  829         (c)(d) At least 21 days before filing the proposed rule for
  830  adoption, an agency that is required to revise a statement of
  831  estimated regulatory costs shall provide the statement to the
  832  person who submitted the lower cost regulatory alternative, to
  833  the rules ombudsman in the Executive Office of the Governor, and
  834  to the committee. The revised statement must be published and
  835  made available in the same manner as the original statement of
  836  estimated regulatory costs and shall provide notice on the
  837  agency’s website that it is available to the public.
  838         (d)(e) Notwithstanding s. 120.56(1)(c), the failure of the
  839  agency to prepare and publish a statement of estimated
  840  regulatory costs or to respond to a written lower cost
  841  regulatory alternative as provided in this subsection is a
  842  material failure to follow the applicable rulemaking procedures
  843  or requirements set forth in this chapter.
  844         (e)(f) An agency’s failure to prepare a statement of
  845  estimated regulatory costs or to respond to a written lower cost
  846  regulatory alternative may not be raised in a proceeding
  847  challenging the validity of a rule pursuant to s. 120.52(8)(a)
  848  unless:
  849         1. Raised in a petition filed no later than 1 year after
  850  the effective date of the rule; and
  851         2. Raised by a person whose substantial interests are
  852  affected by the rule’s regulatory costs.
  853         (f)(g) A rule that is challenged pursuant to s.
  854  120.52(8)(f) may not be declared invalid unless:
  855         1. The issue is raised in an administrative proceeding
  856  within 1 year after the effective date of the rule;
  857         2. The challenge is to the agency’s rejection of a lower
  858  cost regulatory alternative offered under paragraph (a) or s.
  859  120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and
  860         3. The substantial interests of the person challenging the
  861  rule are materially affected by the rejection.
  862         (2) A statement of estimated regulatory costs must shall
  863  include:
  864         (a) An economic analysis showing whether the rule directly
  865  or indirectly:
  866         1. Is likely to have an adverse impact on economic growth,
  867  private sector job creation or employment, or private sector
  868  investment in excess of $1 million in the aggregate within 5
  869  years after the implementation of the rule;
  870         2. Is likely to have an adverse impact on business
  871  competitiveness, including the ability of persons doing business
  872  in this the state to compete with persons doing business in
  873  other states or domestic markets, productivity, or innovation in
  874  excess of $1 million in the aggregate within 5 years after the
  875  implementation of the rule; or
  876         3. Is likely to increase regulatory costs, including all
  877  any transactional costs and impacts estimated in the statement,
  878  in excess of $1 million in the aggregate within 5 years after
  879  the implementation of the rule.
  880         (b) A good faith estimate of the number of individuals,
  881  small businesses, and other entities likely to be required to
  882  comply with the rule, together with a general description of the
  883  types of individuals likely to be affected by the rule.
  884         (c) A good faith estimate of the cost to the agency, and to
  885  any other state and local government entities, of implementing
  886  and enforcing the proposed rule, and any anticipated effect on
  887  state or local revenues.
  888         (d) A good faith estimate of the compliance transactional
  889  costs likely to be incurred by individuals and entities,
  890  including local government entities, required to comply with the
  891  requirements of the rule. As used in this section,
  892  “transactional costs” are direct costs that are readily
  893  ascertainable based upon standard business practices, and
  894  include filing fees, the cost of obtaining a license, the cost
  895  of equipment required to be installed or used or procedures
  896  required to be employed in complying with the rule, additional
  897  operating costs incurred, the cost of monitoring and reporting,
  898  and any other costs necessary to comply with the rule.
  899         (e) An analysis of the impact on small businesses as
  900  defined by s. 288.703, and an analysis of the impact on small
  901  counties and small cities as defined in s. 120.52. The impact
  902  analysis for small businesses must include the basis for the
  903  agency’s decision not to implement alternatives that would
  904  reduce adverse impacts on small businesses.
  905         (f) Any additional information that the agency determines
  906  may be useful.
  907         (g) In the statement or revised statement, whichever
  908  applies, a description of any regulatory alternatives submitted
  909  under paragraph (1)(a) and a statement adopting the alternative
  910  or a statement of the reasons for rejecting the alternative in
  911  favor of the proposed rule.
  912         (3) If the adverse impact or regulatory costs of the rule
  913  exceed any of the criteria established in paragraph (2)(a), the
  914  rule must shall be submitted to the President of the Senate and
  915  Speaker of the House of Representatives no later than 30 days
  916  before prior to the next regular legislative session, and the
  917  rule may not take effect until it is ratified by the
  918  Legislature.
  919         (4) Subsection (3) does not apply to the adoption of:
  920         (a) Federal standards pursuant to s. 120.54(6).
  921         (b) Triennial updates of and amendments to the Florida
  922  Building Code which are expressly authorized by s. 553.73.
  923         (c) Triennial updates of and amendments to the Florida Fire
  924  Prevention Code which are expressly authorized by s. 633.202.
  925         (d)Emergency rules adopted pursuant to s. 120.54(4).
  926         (5) For purposes of subsections (2) and (3), adverse
  927  impacts and regulatory costs likely to occur within 5 years
  928  after implementation of the rule include adverse impacts and
  929  regulatory costs estimated to occur within 5 years after the
  930  effective date of the rule. However, if any provision of the
  931  rule is not fully implemented upon the effective date of the
  932  rule, the adverse impacts and regulatory costs associated with
  933  such provision must be adjusted to include any additional
  934  adverse impacts and regulatory costs estimated to occur within 5
  935  years after implementation of such provision.
  936         (6)(a)In evaluating the impacts described in paragraphs
  937  (2)(a) and (e), an agency shall include good faith estimates of
  938  market impacts likely to result from compliance with the
  939  proposed rule, including:
  940         1.Increased customer charges for goods or services.
  941         2.Decreased market value of goods or services produced,
  942  provided, or sold.
  943         3.Increased costs resulting from the purchase of
  944  substitute or alternative goods or services.
  945         4.The reasonable value of time to be spent by owners,
  946  officers, operators, and managers to understand and comply with
  947  the proposed rule, including, but not limited to, time to be
  948  spent completing required education, training, or testing.
  949         5.Capital costs.
  950         6.Any other impacts suggested by the rules ombudsman in
  951  the Executive Office of the Governor or by any interested
  952  persons.
  953         (b)In estimating the information required in paragraphs
  954  (2)(b)-(e), the agency may use surveys of individuals,
  955  businesses, business organizations, counties, and municipalities
  956  to collect data helpful to estimate the costs and impacts.
  957         (c)In estimating compliance costs under paragraph (2)(d),
  958  the agency shall consider, among other matters, all direct and
  959  indirect costs necessary to comply with the proposed rule which
  960  are readily ascertainable based upon standard business
  961  practices, including, but not limited to, costs related to:
  962         1.Filing fees.
  963         2.Expenses to obtain a license.
  964         3.Necessary equipment.
  965         4.Installation, utilities, and maintenance of necessary
  966  equipment.
  967         5.Necessary operations and procedures.
  968         6.Accounting, financial, information management, and other
  969  administrative processes.
  970         7.Other processes.
  971         8.Labor based on relevant rates of wages, salaries, and
  972  benefits.
  973         9.Materials and supplies.
  974         10.Capital expenditures, including financing costs.
  975         11.Professional and technical services, including
  976  contracted services necessary to implement and maintain
  977  compliance.
  978         12.Monitoring and reporting.
  979         13.Qualifying and recurring education, training, and
  980  testing.
  981         14.Travel.
  982         15.Insurance and surety requirements.
  983         16.A fair and reasonable allocation of administrative
  984  costs and other overhead.
  985         17.Reduced sales or other revenues.
  986         18.Other items suggested by the rules ombudsman in the
  987  Executive Office of the Governor or by any interested person,
  988  business organization, or business representative.
  989         (7)(a)The Department of State shall include on the Florida
  990  Administrative Register website the agency website addresses
  991  where statements of estimated regulatory costs can be viewed in
  992  their entirety.
  993         (b)An agency that prepares a statement of estimated
  994  regulatory costs must provide, as part of the notice required
  995  under s. 120.54(3)(a), the agency website address where the
  996  statement of estimated regulatory costs can be read in its
  997  entirety to the Department of State for publication in the
  998  Florida Administrative Register.
  999         (c)If an agency revises its statement of estimated
 1000  regulatory costs, the agency must provide notice that a revision
 1001  has been made in the manner provided under s. 120.54(3)(d)1.
 1002  Such notice must also include the agency website address where
 1003  the revision can be viewed in its entirety.
 1004         Section 4. Section 120.5435, Florida Statutes, is created
 1005  to read:
 1006         120.5435Repromulgation of rules.—
 1007         (1)It is the intent of the Legislature that each agency
 1008  periodically review its rules for consistency with the powers
 1009  and duties granted by its enabling statutes.
 1010         (2)If an agency determines after review that substantive
 1011  changes to update a rule are not required, such agency must
 1012  repromulgate the rule to reflect the date of the review. All
 1013  rules adopted, amended, or repromulgated on or after July 1,
 1014  2023, must be reviewed within 5 years after their effective
 1015  dates and every 5 years thereafter. Each agency shall review all
 1016  existing rules pursuant to this section no later than December
 1017  31, 2028. Any variation from this schedule must be reflected in
 1018  the agency’s regulatory plan. No later than December 31, 2023,
 1019  the committee shall provide each agency with a list of existing
 1020  rules and their effective dates. Failure of an agency to adhere
 1021  to the deadlines imposed in this section constitutes a material
 1022  failure to follow the applicable rulemaking procedures or
 1023  requirements of this chapter and shall be the basis of an
 1024  objection under s. 120.545.
 1025         (3)Before repromulgation of a rule, the agency must, upon
 1026  approval by the agency head or his or her designee:
 1027         (a)Publish a notice of repromulgation in the Florida
 1028  Administrative Register. A notice of repromulgation is not
 1029  required to include the text of the rule being repromulgated.
 1030         (b)File the rule for repromulgation with the Department of
 1031  State. A rule may not be filed for repromulgation less than 28
 1032  days, or more than 90 days, after the date of publication of the
 1033  notice required by paragraph (a).
 1034         (4)The agency must file a notice of repromulgation with
 1035  the committee at least 14 days before filing the rule for
 1036  repromulgation. At the time the rule is filed for
 1037  repromulgation, the committee shall certify whether the agency
 1038  has responded in writing to all material and timely written
 1039  comments or written inquiries made on behalf of the committee.
 1040         (5)A repromulgated rule is not subject to challenge as a
 1041  proposed rule pursuant to s. 120.56(2).
 1042         (6)The hearing requirements of s. 120.54 do not apply to
 1043  repromulgation of a rule.
 1044         (7)(a)The agency, upon approval of the agency head or his
 1045  or her designee, shall electronically file with the Department
 1046  of State a certified copy of the repromulgated rule it proposes
 1047  to adopt and one certified copy of any material incorporated by
 1048  reference in the rule.
 1049         (b)The rule is considered to be repromulgated upon its
 1050  filing with the Department of State.
 1051         (c)The Department of State shall update the history note
 1052  of the rule in the Florida Administrative Code to reflect the
 1053  filing date of the repromulgated rule.
 1054         (8)At least 30 days before each legislative session, the
 1055  committee shall submit to the President of the Senate and the
 1056  Speaker of the House of Representatives a list of all rules that
 1057  have not been repromulgated in accordance with this section, and
 1058  identify whether the statutory rulemaking authority for each
 1059  rule remains in effect. If no action is taken by the Legislature
 1060  with regard to a rule during the next regular legislative
 1061  session, each agency, within 14 days after the close of the
 1062  session, must initiate rulemaking proceedings under chapter 120
 1063  to repeal the rule.
 1064         (9)The Department of State shall adopt rules to implement
 1065  this section by December 31, 2023.
 1066         Section 5. Section 120.5436, Florida Statutes, is created
 1067  to read:
 1068         120.5436 Infrastructure and environmental permitting
 1069  review.—
 1070         (1)(a)It is the intent of the Legislature to build a more
 1071  resilient and responsive government infrastructure to allow for
 1072  quick recovery after natural disasters, including hurricanes and
 1073  tropical storms.
 1074         (b)It is further the intent of the Legislature to promote
 1075  efficiency in state government across branches, agencies, and
 1076  other governmental entities and to identify any area of
 1077  improvement within each that allows for quick, effective
 1078  delivery of services.
 1079         (c)Further, the Legislature intends for the state to seek
 1080  out ways to improve its administrative procedures in relevant
 1081  fields to build a streamlined permitting process that withstands
 1082  disruptions caused by natural disasters, including hurricanes
 1083  and tropical storms.
 1084         (2)(a)The Department of Environmental Protection and water
 1085  management districts shall conduct a holistic review of their
 1086  current coastal permitting processes and other permit programs.
 1087  These permitting processes must include, but are not limited to,
 1088  coastal construction control line permits; joint coastal
 1089  permits; environmental resource permits; consistent with the
 1090  terms of the United States Environmental Protection Agency’s
 1091  approval, state-administered section 404 permits; and permitting
 1092  processes related to water supply infrastructure, wastewater
 1093  infrastructure, and onsite sewage treatment and disposal
 1094  systems.
 1095         (b)The scope and purpose of the review is to identify
 1096  areas of improvement and to increase efficiency within each
 1097  process. Factors that must be considered in the review include
 1098  the following:
 1099         1.The requirements to obtain a permit.
 1100         2.Time periods for review, including by commenting
 1101  agencies, and approval of the permit application.
 1102         3.Areas for improved efficiency and decision-point
 1103  consolidation within a single project’s process.
 1104         4.Areas of duplication across one or more permit programs.
 1105         5.The methods of requesting permits.
 1106         6.Any other factors that may increase the efficiency of
 1107  the permitting processes and may allow improved storm recovery.
 1108         (c)By December 31, 2023, the department and water
 1109  management districts shall provide their findings and proposed
 1110  solutions in a report to the Governor, the President of the
 1111  Senate, and the Speaker of the House of Representatives.
 1112         Section 6. Subsection (1) of section 120.545, Florida
 1113  Statutes, is amended to read:
 1114         120.545 Committee review of agency rules.—
 1115         (1) As a legislative check on legislatively created
 1116  authority, the committee shall examine each existing rule and
 1117  proposed rule, except for those proposed rules exempted by s.
 1118  120.81(1)(e) and (2), and its accompanying material, and each
 1119  emergency rule, and may examine any existing rule, for the
 1120  purpose of determining whether:
 1121         (a) The rule is an invalid exercise of delegated
 1122  legislative authority.
 1123         (b) The statutory authority for the rule has been repealed.
 1124         (c) The rule reiterates or paraphrases statutory material.
 1125         (d) The rule is in proper form.
 1126         (e) The notice given before prior to its adoption was
 1127  sufficient to give adequate notice of the purpose and effect of
 1128  the rule.
 1129         (f) The rule is consistent with expressed legislative
 1130  intent pertaining to the specific provisions of law which the
 1131  rule implements.
 1132         (g) The rule is necessary to accomplish the apparent or
 1133  expressed objectives of the specific provision of law which the
 1134  rule implements.
 1135         (h) The rule is a reasonable implementation of the law as
 1136  it affects the convenience of the general public or persons
 1137  particularly affected by the rule.
 1138         (i) The rule could be made less complex or more easily
 1139  comprehensible to the general public.
 1140         (j) The rule’s statement of estimated regulatory costs
 1141  complies with the requirements of s. 120.541 and whether the
 1142  rule does not impose regulatory costs on the regulated person,
 1143  county, or city which could be reduced by the adoption of less
 1144  costly alternatives that substantially accomplish the statutory
 1145  objectives.
 1146         (k) The rule will require additional appropriations.
 1147         (l) If the rule is an emergency rule, there exists an
 1148  emergency justifying the adoption of such rule, the agency is
 1149  within its statutory authority, and the rule was adopted in
 1150  compliance with the requirements and limitations of s.
 1151  120.54(4).
 1152         Section 7. Paragraphs (a), (b), and (c) of subsection (1)
 1153  of section 120.55, Florida Statutes, are amended to read:
 1154         120.55 Publication.—
 1155         (1) The Department of State shall:
 1156         (a)1. Through a continuous revision and publication system,
 1157  compile and publish electronically, on a website managed by the
 1158  department, the “Florida Administrative Code.” The Florida
 1159  Administrative Code must shall contain all rules adopted by each
 1160  agency, citing the grant of rulemaking authority and the
 1161  specific law implemented pursuant to which each rule was
 1162  adopted, all history notes as authorized in s. 120.545(7),
 1163  complete indexes to all rules contained in the code, and any
 1164  other material required or authorized by law or deemed useful by
 1165  the department. The electronic code must shall display each rule
 1166  chapter currently in effect in browse mode and allow full text
 1167  search of the code and each rule chapter. The department may
 1168  contract with a publishing firm for a printed publication;
 1169  however, the department shall retain responsibility for the code
 1170  as provided in this section. The electronic publication is shall
 1171  be the official compilation of the administrative rules of this
 1172  state. The Florida Administrative Register must be published
 1173  once each business day by 8 a.m., with the exception of state
 1174  holidays or emergency closures of state agencies. If a rule,
 1175  proposed rule, or notice of rule development is corrected and
 1176  replaced, the corrected rule or notice must be published in the
 1177  next available Florida Administrative Register with a notation
 1178  indicating that the rule, proposed rule, or notice has been
 1179  corrected by the Department of State. Any timeframes for
 1180  rulemaking set forth in this chapter must revert to the initial
 1181  date of publication.
 1182  
 1183  The Department of State retains shall retain the copyright over
 1184  the Florida Administrative Code.
 1185         2. Not publish rules in the Florida Administrative Code
 1186  which are general in form but applicable to only one school
 1187  district, community college district, or county, or a part
 1188  thereof, or state university rules relating to internal
 1189  personnel or business and finance shall not be published in the
 1190  Florida Administrative Code. Exclusion from publication in the
 1191  Florida Administrative Code does shall not affect the validity
 1192  or effectiveness of such rules.
 1193         3. At the beginning of the section of the code dealing with
 1194  an agency that files copies of its rules with the department,
 1195  the agency department shall publish the address and telephone
 1196  number of the executive offices of each agency, the manner by
 1197  which the agency indexes its rules, a listing of all rules of
 1198  that agency excluded from publication in the code, and a
 1199  statement as to where those rules may be inspected.
 1200         4. Not publish forms shall not be published in the Florida
 1201  Administrative Code; but any form which an agency uses in its
 1202  dealings with the public, along with any accompanying
 1203  instructions, shall be filed with the committee before it is
 1204  used. Any form or instruction which meets the definition of
 1205  “rule” provided in s. 120.52 must shall be incorporated by
 1206  reference into the appropriate rule. The reference must shall
 1207  specifically state that the form is being incorporated by
 1208  reference and must shall include the number, title, and
 1209  effective date of the form and an explanation of how the form
 1210  may be obtained. Each form created by an agency which is
 1211  incorporated by reference in a rule notice of which is given
 1212  under s. 120.54(3)(a) after December 31, 2007, must clearly
 1213  display the number, title, and effective date of the form and
 1214  the number of the rule in which the form is incorporated.
 1215         5. Require all materials incorporated by reference in any
 1216  part of an adopted rule and in any part of a repromulgated rule
 1217  The department shall allow adopted rules and material
 1218  incorporated by reference to be filed in the manner prescribed
 1219  by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by
 1220  department rule. When a proposed rule is filed for adoption or
 1221  repromulgation with incorporated material in electronic form,
 1222  the department’s publication of the Florida Administrative Code
 1223  on its website must contain a hyperlink from the incorporating
 1224  reference in the rule directly to that material. The department
 1225  may not allow hyperlinks from rules in the Florida
 1226  Administrative Code to any material other than that filed with
 1227  and maintained by the department, but may allow hyperlinks to
 1228  incorporated material maintained by the department from the
 1229  adopting agency’s website or other sites.
 1230         6.Include the date of any technical changes to a rule in
 1231  the history note of the rule in the Florida Administrative Code.
 1232  A technical change does not affect the effective date of the
 1233  rule.
 1234         (b) Electronically publish on a website managed by the
 1235  department a continuous revision and publication entitled the
 1236  “Florida Administrative Register,” which shall serve as the
 1237  official publication and must contain:
 1238         1. All notices required by s. 120.54(2) and (3)(a), showing
 1239  the text of all rules proposed for consideration.
 1240         2. All notices of public meetings, hearings, and workshops
 1241  conducted in accordance with s. 120.525, including a statement
 1242  of the manner in which a copy of the agenda may be obtained.
 1243         3. A notice of each request for authorization to amend or
 1244  repeal an existing uniform rule or for the adoption of new
 1245  uniform rules.
 1246         4. Notice of petitions for declaratory statements or
 1247  administrative determinations.
 1248         5. A summary of each objection to any rule filed by the
 1249  Administrative Procedures Committee.
 1250         6. A list of rules filed for adoption in the previous 7
 1251  days.
 1252         7. A list of all rules filed for adoption pending
 1253  legislative ratification under s. 120.541(3). A rule shall be
 1254  removed from the list once notice of ratification or withdrawal
 1255  of the rule is received.
 1256         8. The full text of each emergency rule in effect on the
 1257  date of publication.
 1258         9. Any other material required or authorized by law or
 1259  deemed useful by the department.
 1260  
 1261  The department may contract with a publishing firm for a printed
 1262  publication of the Florida Administrative Register and make
 1263  copies available on an annual subscription basis.
 1264         (c) Prescribe by rule the style and form required for
 1265  rules, notices, and other materials submitted for filing,
 1266  including a rule requiring documents created by an agency which
 1267  are proposed to be incorporated by reference in notices
 1268  published pursuant to s. 120.54(3)(a) and (d) to be coded in the
 1269  same manner as notices published pursuant to s. 120.54(3)(a)1.
 1270         Section 8. Paragraph (a) of subsection (2) of section
 1271  120.56, Florida Statutes, is amended to read:
 1272         120.56 Challenges to rules.—
 1273         (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—
 1274         (a) A petition alleging the invalidity of a proposed rule
 1275  shall be filed within 21 days after the date of publication of
 1276  the notice required by s. 120.54(3)(a); within 10 days after the
 1277  final public hearing is held on the proposed rule as provided by
 1278  s. 120.54(3)(e)2.; within 20 days after the statement of
 1279  estimated regulatory costs or revised statement of estimated
 1280  regulatory costs, if applicable, has been prepared and made
 1281  available as provided in s. 120.541(1)(c) s. 120.541(1)(d); or
 1282  within 20 days after the date of publication of the notice
 1283  required by s. 120.54(3)(d). The petitioner has the burden to
 1284  prove by a preponderance of the evidence that the petitioner
 1285  would be substantially affected by the proposed rule. The agency
 1286  then has the burden to prove by a preponderance of the evidence
 1287  that the proposed rule is not an invalid exercise of delegated
 1288  legislative authority as to the objections raised. A person who
 1289  is not substantially affected by the proposed rule as initially
 1290  noticed, but who is substantially affected by the rule as a
 1291  result of a change, may challenge any provision of the resulting
 1292  proposed rule.
 1293         Section 9. Subsection (1) and paragraph (a) of subsection
 1294  (2) of section 120.74, Florida Statutes, are amended to read:
 1295         120.74 Agency annual rulemaking and regulatory plans;
 1296  reports.—
 1297         (1) REGULATORY PLAN.—By October 1 of each year, each agency
 1298  shall prepare a regulatory plan.
 1299         (a) The plan must include a listing of each law enacted or
 1300  amended during the previous 12 months which creates or modifies
 1301  the duties or authority of the agency. If the Governor or the
 1302  Attorney General provides a letter to the committee stating that
 1303  a law affects all or most agencies, the agency may exclude the
 1304  law from its plan. For each law listed by an agency under this
 1305  paragraph, the plan must state:
 1306         1. Whether the agency must adopt rules to implement the
 1307  law.
 1308         2. If rulemaking is necessary to implement the law:
 1309         a. Whether a notice of rule development has been published
 1310  and, if so, the citation to such notice in the Florida
 1311  Administrative Register.
 1312         b. The date by which the agency expects to publish the
 1313  notice of proposed rule under s. 120.54(3)(a).
 1314         3. If rulemaking is not necessary to implement the law, a
 1315  concise written explanation of the reasons why the law may be
 1316  implemented without rulemaking.
 1317         (b) The plan must also identify and describe each rule,
 1318  including each rule number or proposed rule number, that include
 1319  a listing of each law not otherwise listed pursuant to paragraph
 1320  (a) which the agency expects to develop, adopt, or repeal for
 1321  the 12-month period beginning on October 1 and ending on
 1322  September 30 implement by rulemaking before the following July
 1323  1, excluding emergency rules except emergency rulemaking. For
 1324  each rule law listed under this paragraph, the plan must state
 1325  whether the rulemaking is intended to simplify, clarify,
 1326  increase efficiency, improve coordination with other agencies,
 1327  reduce regulatory costs, or delete obsolete, unnecessary, or
 1328  redundant rules.
 1329         (c) The plan must include any desired update to the prior
 1330  year’s regulatory plan or supplement published pursuant to
 1331  subsection (7). If, in a prior year, a law was identified under
 1332  this paragraph or under subparagraph (a)1. as a law requiring
 1333  rulemaking to implement but a notice of proposed rule has not
 1334  been published:
 1335         1. The agency must shall identify and again list such law,
 1336  noting the applicable notice of rule development by citation to
 1337  the Florida Administrative Register; or
 1338         2. If the agency has subsequently determined that
 1339  rulemaking is not necessary to implement the law, the agency
 1340  must shall identify such law, reference the citation to the
 1341  applicable notice of rule development in the Florida
 1342  Administrative Register, and provide a concise written
 1343  explanation of the reason why the law may be implemented without
 1344  rulemaking.
 1345         (d) The plan must identify any rules that are required to
 1346  be repromulgated pursuant to s. 120.5435 for the 12-month period
 1347  beginning on October 1 and ending on September 30.
 1348         (e) The plan must include a certification executed on
 1349  behalf of the agency by both the agency head, or, if the agency
 1350  head is a collegial body, the presiding officer; and the
 1351  individual acting as principal legal advisor to the agency head.
 1352  The certification must declare:
 1353         1. Verify That the persons executing the certification have
 1354  reviewed the plan.
 1355         2. Verify That the agency regularly reviews all of its
 1356  rules and identify the period during which all rules have most
 1357  recently been reviewed to determine if the rules remain
 1358  consistent with the agency’s rulemaking authority and the laws
 1359  implemented.
 1360         3. That the agency understands that regulatory
 1361  accountability is necessary to ensure public confidence in the
 1362  integrity of state government and, to that end, the agency is
 1363  diligently working toward lowering the total number of rules
 1364  adopted.
 1365         4. The total number of rules adopted and repealed during
 1366  the previous 12 months.
 1367         (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
 1368         (a) By October 1 of each year, each agency shall:
 1369         1. Publish its regulatory plan on its website or on another
 1370  state website established for publication of administrative law
 1371  records. A clearly labeled hyperlink to the current plan must be
 1372  included on the agency’s primary website homepage.
 1373         2. Electronically deliver to the committee a copy of the
 1374  certification required in paragraph (1)(e) (1)(d).
 1375         3. Publish in the Florida Administrative Register a notice
 1376  identifying the date of publication of the agency’s regulatory
 1377  plan. The notice must include a hyperlink or website address
 1378  providing direct access to the published plan.
 1379         Section 10. Subsection (11) of section 120.80, Florida
 1380  Statutes, is amended to read:
 1381         120.80 Exceptions and special requirements; agencies.—
 1382         (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s.
 1383  120.52(16), the enlistment, organization, administration,
 1384  equipment, maintenance, training, and discipline of the militia,
 1385  National Guard, organized militia, and unorganized militia, as
 1386  provided by s. 2, Art. X of the State Constitution, are not
 1387  rules as defined by this chapter.
 1388         Section 11. Paragraph (c) of subsection (1) of section
 1389  120.81, Florida Statutes, is amended to read:
 1390         120.81 Exceptions and special requirements; general areas.—
 1391         (1) EDUCATIONAL UNITS.—
 1392         (c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests,
 1393  test scoring criteria, or testing procedures relating to student
 1394  assessment which are developed or administered by the Department
 1395  of Education pursuant to s. 1003.4282, s. 1008.22, or s.
 1396  1008.25, or any other statewide educational tests required by
 1397  law, are not rules.
 1398         Section 12. Paragraph (a) of subsection (1) of section
 1399  420.9072, Florida Statutes, is amended to read:
 1400         420.9072 State Housing Initiatives Partnership Program.—The
 1401  State Housing Initiatives Partnership Program is created for the
 1402  purpose of providing funds to counties and eligible
 1403  municipalities as an incentive for the creation of local housing
 1404  partnerships, to expand production of and preserve affordable
 1405  housing, to further the housing element of the local government
 1406  comprehensive plan specific to affordable housing, and to
 1407  increase housing-related employment.
 1408         (1)(a) In addition to the legislative findings set forth in
 1409  s. 420.6015, the Legislature finds that affordable housing is
 1410  most effectively provided by combining available public and
 1411  private resources to conserve and improve existing housing and
 1412  provide new housing for very-low-income households, low-income
 1413  households, and moderate-income households. The Legislature
 1414  intends to encourage partnerships in order to secure the
 1415  benefits of cooperation by the public and private sectors and to
 1416  reduce the cost of housing for the target group by effectively
 1417  combining all available resources and cost-saving measures. The
 1418  Legislature further intends that local governments achieve this
 1419  combination of resources by encouraging active partnerships
 1420  between government, lenders, builders and developers, real
 1421  estate professionals, advocates for low-income persons, and
 1422  community groups to produce affordable housing and provide
 1423  related services. Extending the partnership concept to encompass
 1424  cooperative efforts among small counties as defined in s.
 1425  120.52(20) s. 120.52(19), and among counties and municipalities
 1426  is specifically encouraged. Local governments are also intended
 1427  to establish an affordable housing advisory committee to
 1428  recommend monetary and nonmonetary incentives for affordable
 1429  housing as provided in s. 420.9076.
 1430         Section 13. Subsection (7) of section 420.9075, Florida
 1431  Statutes, is amended to read:
 1432         420.9075 Local housing assistance plans; partnerships.—
 1433         (7) The moneys deposited in the local housing assistance
 1434  trust fund shall be used to administer and implement the local
 1435  housing assistance plan. The cost of administering the plan may
 1436  not exceed 5 percent of the local housing distribution moneys
 1437  and program income deposited into the trust fund. A county or an
 1438  eligible municipality may not exceed the 5-percent limitation on
 1439  administrative costs, unless its governing body finds, by
 1440  resolution, that 5 percent of the local housing distribution
 1441  plus 5 percent of program income is insufficient to adequately
 1442  pay the necessary costs of administering the local housing
 1443  assistance plan. The cost of administering the program may not
 1444  exceed 10 percent of the local housing distribution plus 5
 1445  percent of program income deposited into the trust fund, except
 1446  that small counties, as defined in s. 120.52(20) s. 120.52(19),
 1447  and eligible municipalities receiving a local housing
 1448  distribution of up to $350,000 may use up to 10 percent of
 1449  program income for administrative costs.
 1450         Section 14. Paragraph (d) of subsection (1) of section
 1451  443.091, Florida Statutes, is amended to read:
 1452         443.091 Benefit eligibility conditions.—
 1453         (1) An unemployed individual is eligible to receive
 1454  benefits for any week only if the Department of Economic
 1455  Opportunity finds that:
 1456         (d) She or he is able to work and is available for work. In
 1457  order to assess eligibility for a claimed week of unemployment,
 1458  the department shall develop criteria to determine a claimant’s
 1459  ability to work and availability for work. A claimant must be
 1460  actively seeking work in order to be considered available for
 1461  work. This means engaging in systematic and sustained efforts to
 1462  find work, including contacting at least five prospective
 1463  employers for each week of unemployment claimed. The department
 1464  may require the claimant to provide proof of such efforts to the
 1465  one-stop career center as part of reemployment services. A
 1466  claimant’s proof of work search efforts may not include the same
 1467  prospective employer at the same location in 3 consecutive
 1468  weeks, unless the employer has indicated since the time of the
 1469  initial contact that the employer is hiring. The department
 1470  shall conduct random reviews of work search information provided
 1471  by claimants. As an alternative to contacting at least five
 1472  prospective employers for any week of unemployment claimed, a
 1473  claimant may, for that same week, report in person to a one-stop
 1474  career center to meet with a representative of the center and
 1475  access reemployment services of the center. The center shall
 1476  keep a record of the services or information provided to the
 1477  claimant and shall provide the records to the department upon
 1478  request by the department. However:
 1479         1. Notwithstanding any other provision of this paragraph or
 1480  paragraphs (b) and (e), an otherwise eligible individual may not
 1481  be denied benefits for any week because she or he is in training
 1482  with the approval of the department, or by reason of s.
 1483  443.101(2) relating to failure to apply for, or refusal to
 1484  accept, suitable work. Training may be approved by the
 1485  department in accordance with criteria prescribed by rule. A
 1486  claimant’s eligibility during approved training is contingent
 1487  upon satisfying eligibility conditions prescribed by rule.
 1488         2. Notwithstanding any other provision of this chapter, an
 1489  otherwise eligible individual who is in training approved under
 1490  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1491  determined ineligible or disqualified for benefits due to
 1492  enrollment in such training or because of leaving work that is
 1493  not suitable employment to enter such training. As used in this
 1494  subparagraph, the term “suitable employment” means work of a
 1495  substantially equal or higher skill level than the worker’s past
 1496  adversely affected employment, as defined for purposes of the
 1497  Trade Act of 1974, as amended, the wages for which are at least
 1498  80 percent of the worker’s average weekly wage as determined for
 1499  purposes of the Trade Act of 1974, as amended.
 1500         3. Notwithstanding any other provision of this section, an
 1501  otherwise eligible individual may not be denied benefits for any
 1502  week because she or he is before any state or federal court
 1503  pursuant to a lawfully issued summons to appear for jury duty.
 1504         4. Union members who customarily obtain employment through
 1505  a union hiring hall may satisfy the work search requirements of
 1506  this paragraph by reporting daily to their union hall.
 1507         5. The work search requirements of this paragraph do not
 1508  apply to persons who are unemployed as a result of a temporary
 1509  layoff or who are claiming benefits under an approved short-time
 1510  compensation plan as provided in s. 443.1116.
 1511         6. In small counties as defined in s. 120.52(20) s.
 1512  120.52(19), a claimant engaging in systematic and sustained
 1513  efforts to find work must contact at least three prospective
 1514  employers for each week of unemployment claimed.
 1515         7. The work search requirements of this paragraph do not
 1516  apply to persons required to participate in reemployment
 1517  services under paragraph (e).
 1518         Section 15. This act shall take effect July 1, 2023.

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