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