Florida Senate - 2019                                    SB 1670
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-01449-19                                           20191670__
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.52, F.S.; revising and providing definitions;
    4         amending s. 120.54, F.S.; applying certain provisions
    5         regarding the incorporation by reference of material
    6         to repromulgated rules; requiring a notice of
    7         withdrawal if a notice of proposed rule is not filed
    8         within a certain period of time; requiring a notice of
    9         rule development to contain certain information and
   10         statements; revising the scope of public workshops to
   11         include information gathering for the preparation of
   12         statements of estimated regulatory costs; requiring
   13         that the agency make available at a public workshop
   14         the person responsible for preparing the statement of
   15         estimated regulatory costs; requiring a notice of
   16         proposed rule to include a website address where a
   17         statement of regulatory costs may be viewed; requiring
   18         that a proposed rule and material proposed to be
   19         incorporated by reference be made available to the
   20         public; requiring that material proposed to be
   21         incorporated by reference be made available in a
   22         specified manner; authorizing electronic delivery of
   23         notices to persons who have requested advance notice
   24         of agency rulemaking proceedings; requiring an agency
   25         to prepare a statement of estimated regulatory costs
   26         before adopting or amending any rule other than an
   27         emergency rule; requiring an agency to prepare a
   28         statement of estimated regulatory costs before
   29         repealing a rule under certain circumstances;
   30         requiring that certain rule repeals be considered
   31         presumptively correct by the Division of
   32         Administrative Hearings or in certain proceedings;
   33         specifying circumstances under which an adverse impact
   34         on small business exists; requiring an agency to
   35         provide notice of a regulatory alternative to the
   36         Administrative Procedures Committee by a certain date;
   37         requiring certain agency personnel to attend public
   38         hearings on proposed rules; requiring an agency to
   39         publish a notice of convening a separate proceeding
   40         under certain circumstances; tolling rulemaking
   41         deadlines during such separate proceedings; revising
   42         requirements for the contents of a notice of change;
   43         requiring the committee to notify the Department of
   44         State that an agency has elected to withdraw a rule if
   45         an agency has failed to adopt a rule within the
   46         specified timeframes; requiring an agency to file
   47         petitions to initiate rulemaking with the committee;
   48         amending s. 120.541, F.S.; requiring an agency to
   49         provide a copy of any proposal for a lower cost
   50         regulatory alternative to the committee by a certain
   51         date; specifying the circumstances under which such a
   52         proposal is made in good faith; revising requirements
   53         for an agency’s consideration of a lower cost
   54         regulatory alternative; providing for an agency’s
   55         revision and the publication of a revised statement of
   56         estimated regulatory costs in response to such lower
   57         cost regulatory alternatives; deleting the definition
   58         of the term “transactional costs”; providing
   59         additional requirements for the calculation of
   60         estimated regulatory costs; specifying requirements
   61         for the public postings of statements of estimated
   62         regulatory costs; conforming provisions to changes
   63         made by the act; creating s. 120.5435, F.S.; providing
   64         legislative intent; requiring agency review of rules
   65         and repromulgation of rules that do not require
   66         substantive changes within a specified time period;
   67         requiring an agency to publish a notice of
   68         repromulgation in the Florida Administrative Register
   69         and file a rule for repromulgation with the Department
   70         of State within a specified time period; requiring an
   71         agency to file a notice of repromulgation with the
   72         committee within a specified time period; requiring
   73         withdrawal of a rule proposed for repromulgation if
   74         the rule is not filed within a specified time period;
   75         providing that a repromulgated rule is not subject to
   76         challenge as a proposed rule and that certain hearing
   77         requirements do not apply; requiring an agency to file
   78         a specified number of certified copies of a proposed
   79         repromulgated rule and any material incorporated by
   80         reference; providing that a repromulgated rule is
   81         adopted upon filing with the department and becomes
   82         effective after a specified time period; requiring the
   83         department to update certain information in the
   84         Florida Administrative Code; requiring the department
   85         to adopt rules by a certain date; amending s. 120.545,
   86         F.S.; requiring the committee to examine existing
   87         rules; amending s. 120.55, F.S.; requiring the Florida
   88         Administrative Code be published once daily; requiring
   89         the department to require material incorporated by
   90         reference to be filed in a specified manner; requiring
   91         the department to include the date of a technical rule
   92         change in the Florida Administrative Code; providing
   93         that a technical change does not affect the effective
   94         date of a rule; requiring the department to adopt
   95         specified rules; amending s. 120.569, F.S.; requiring
   96         that documents filed with the Division of
   97         Administrative Hearings be filed electronically;
   98         amending s. 120.74, F.S.; requiring an agency to list
   99         each rule it plans to develop, adopt, or repeal during
  100         the forthcoming year in the agency’s annual regulatory
  101         plan; requiring that the agency’s annual regulatory
  102         plan identify any rules that are required to be
  103         repromulgated during the forthcoming year; requiring
  104         the agency head to make certain declarations
  105         concerning the annual regulatory plan; amending ss.
  106         120.56, 120.80, 120.81, 420.9072, 420.9075, and
  107         443.091, F.S.; conforming cross-references to changes
  108         made by the act; providing an effective date.
  109          
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Present subsections (16) through (22) of section
  113  120.52, Florida Statutes, are renumbered as subsections (17)
  114  through (23), respectively, a new subsection (16) is added to
  115  that section, and subsection (5) of that section is amended, to
  116  read:
  117         120.52 Definitions.—As used in this act:
  118         (5) “Division” means the Division of Administrative
  119  Hearings. Any document filed with the division by a party
  120  represented by an attorney shall be filed by electronic means
  121  through the division’s website. Any document filed with the
  122  division by a party not represented by an attorney shall,
  123  whenever possible, be filed by electronic means through the
  124  division’s website.
  125         (16) “Repromulgate” or “repromulgation” means the
  126  publication and adoption of an existing rule following an
  127  agency’s review of the rule for consistency with the powers and
  128  duties granted by its enabling statute.
  129         Section 2. Paragraph (i) of subsection (1), subsections (2)
  130  and (3), and paragraph (a) of subsection (7) of section 120.54,
  131  Florida Statutes, are amended to read:
  132         120.54 Rulemaking.—
  133         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
  134  EMERGENCY RULES.—
  135         (i)1. A rule may incorporate material by reference but only
  136  as the material exists on the date the rule is adopted. For
  137  purposes of the rule, changes in the material are not effective
  138  unless the rule is amended to incorporate the changes.
  139         2. An agency rule that incorporates by specific reference
  140  another rule of that agency automatically incorporates
  141  subsequent amendments to the referenced rule unless a contrary
  142  intent is clearly indicated in the referencing rule. A notice of
  143  amendments to a rule that has been incorporated by specific
  144  reference in other rules of that agency must explain the effect
  145  of those amendments on the referencing rules.
  146         3. In rules adopted after December 31, 2010, and rules
  147  repromulgated on or after July 1, 2019, material may not be
  148  incorporated by reference unless:
  149         a. The material has been submitted in the prescribed
  150  electronic format to the Department of State and the full text
  151  of the material can be made available for free public access
  152  through an electronic hyperlink from the rule making the
  153  reference in the Florida Administrative Code; or
  154         b. The agency has determined that posting the material on
  155  the Internet for purposes of public examination and inspection
  156  would constitute a violation of federal copyright law, in which
  157  case a statement to that effect, along with the address of
  158  locations at the Department of State and the agency at which the
  159  material is available for public inspection and examination,
  160  must be included in the notice required by subparagraph (3)(a)1.
  161         4. A rule may not be amended by reference only. Amendments
  162  must set out the amended rule in full in the same manner as
  163  required by the State Constitution for laws.
  164         5. Notwithstanding any contrary provision in this section,
  165  when an adopted rule of the Department of Environmental
  166  Protection or a water management district is incorporated by
  167  reference in the other agency’s rule to implement a provision of
  168  part IV of chapter 373, subsequent amendments to the rule are
  169  not effective as to the incorporating rule unless the agency
  170  incorporating by reference notifies the committee and the
  171  Department of State of its intent to adopt the subsequent
  172  amendment, publishes notice of such intent in the Florida
  173  Administrative Register, and files with the Department of State
  174  a copy of the amended rule incorporated by reference. Changes in
  175  the rule incorporated by reference are effective as to the other
  176  agency 20 days after the date of the published notice and filing
  177  with the Department of State. The Department of State shall
  178  amend the history note of the incorporating rule to show the
  179  effective date of such change. Any substantially affected person
  180  may, within 14 days after the date of publication of the notice
  181  of intent in the Florida Administrative Register, file an
  182  objection to rulemaking with the agency. The objection shall
  183  specify the portions of the rule incorporated by reference to
  184  which the person objects and the reasons for the objection. The
  185  agency shall not have the authority under this subparagraph to
  186  adopt those portions of the rule specified in such objection.
  187  The agency shall publish notice of the objection and of its
  188  action in response in the next available issue of the Florida
  189  Administrative Register.
  190         6. The Department of State may adopt by rule requirements
  191  for incorporating materials pursuant to this paragraph.
  192         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  193         (a) Except when the intended action is the repeal of a
  194  rule, agencies shall provide notice of the development of
  195  proposed rules by publication of a notice of rule development in
  196  the Florida Administrative Register before providing notice of a
  197  proposed rule as required by paragraph (3)(a). If a notice of a
  198  proposed rule is not filed within 12 months after the notice of
  199  rule development, the agency shall withdraw the rule and give
  200  notice of the withdrawal in the next available issue of the
  201  Florida Administrative Register. The notice of rule development
  202  shall indicate the subject area to be addressed by rule
  203  development, provide a short, plain explanation of the purpose
  204  and effect of the proposed rule, cite the grant of rulemaking
  205  authority for the proposed rule and the law being implemented
  206  specific legal authority for the proposed rule, and include the
  207  proposed rule number and the preliminary text of the proposed
  208  rules, if available, or a statement of how a person may promptly
  209  obtain, without cost, a copy of any preliminary draft, when if
  210  available. The notice also must include a request for the
  211  submission of any information that would be helpful to the
  212  agency in preparing its statement of estimated regulatory costs
  213  and a statement of how a person may submit comments on the
  214  proposal and provide information regarding the potential
  215  regulatory costs.
  216         (b) All rules should be drafted in readable language. The
  217  language is readable if:
  218         1. It avoids the use of obscure words and unnecessarily
  219  long or complicated constructions; and
  220         2. It avoids the use of unnecessary technical or
  221  specialized language that is understood only by members of
  222  particular trades or professions.
  223         (c) An agency may hold public workshops for purposes of
  224  rule development and information gathering for the preparation
  225  of the statement of estimated regulatory costs. If requested in
  226  writing by any affected person, an agency must hold public
  227  workshops, including workshops in various regions of the state
  228  or the agency’s service area, for purposes of rule development
  229  and information gathering for the preparation of the statement
  230  of estimated regulatory costs if requested in writing by any
  231  affected person, unless the agency head explains in writing why
  232  a workshop is unnecessary. The explanation is not final agency
  233  action subject to review pursuant to ss. 120.569 and 120.57. The
  234  failure to provide the explanation when required may be a
  235  material error in procedure pursuant to s. 120.56(1)(c). When a
  236  workshop or public hearing is held, the agency must ensure that
  237  the persons responsible for preparing the proposed rule and the
  238  statement of estimated regulatory costs are available to receive
  239  public input, to explain the agency’s proposal, and to respond
  240  to questions or comments regarding the rule being developed and
  241  the statement of estimated regulatory costs. The workshop may be
  242  facilitated or mediated by a neutral third person, or the agency
  243  may employ other types of dispute resolution alternatives for
  244  the workshop that are appropriate for rule development and for
  245  preparation of the statement of estimated regulatory costs.
  246  Notice of a rule development workshop shall be by publication in
  247  the Florida Administrative Register not less than 14 days before
  248  prior to the date on which the workshop is scheduled to be held
  249  and shall indicate the subject area which will be addressed; the
  250  agency contact person; and the place, date, and time of the
  251  workshop.
  252         (d)1. An agency may use negotiated rulemaking in developing
  253  and adopting rules. The agency should consider the use of
  254  negotiated rulemaking when complex rules are being drafted or
  255  strong opposition to the rules is anticipated. The agency should
  256  consider, but is not limited to considering, whether a balanced
  257  committee of interested persons who will negotiate in good faith
  258  can be assembled, whether the agency is willing to support the
  259  work of the negotiating committee, and whether the agency can
  260  use the group consensus as the basis for its proposed rule.
  261  Negotiated rulemaking uses a committee of designated
  262  representatives to draft a mutually acceptable proposed rule and
  263  to develop information necessary to prepare a statement of
  264  estimated regulatory costs, when applicable.
  265         2. An agency that chooses to use the negotiated rulemaking
  266  process described in this paragraph shall publish in the Florida
  267  Administrative Register a notice of negotiated rulemaking that
  268  includes a listing of the representative groups that will be
  269  invited to participate in the negotiated rulemaking process. Any
  270  person who believes that his or her interest is not adequately
  271  represented may apply to participate within 30 days after
  272  publication of the notice. All meetings of the negotiating
  273  committee shall be noticed and open to the public pursuant to
  274  the provisions of this chapter. The negotiating committee shall
  275  be chaired by a neutral facilitator or mediator.
  276         3. The agency’s decision to use negotiated rulemaking, its
  277  selection of the representative groups, and approval or denial
  278  of an application to participate in the negotiated rulemaking
  279  process are not agency action. Nothing in this subparagraph is
  280  intended to affect the rights of a substantially an affected
  281  person to challenge a proposed rule developed under this
  282  paragraph in accordance with s. 120.56(2).
  283         (3) ADOPTION PROCEDURES.—
  284         (a) Notices.—
  285         1. Before Prior to the adoption, amendment, or repeal of
  286  any rule other than an emergency rule, an agency, upon approval
  287  of the agency head, shall give notice of its intended action,
  288  setting forth a short, plain explanation of the purpose and
  289  effect of the proposed action; the full text of the proposed
  290  rule or amendment and a summary thereof; a reference to the
  291  grant of rulemaking authority pursuant to which the rule is
  292  adopted; and a reference to the section or subsection of the
  293  Florida Statutes or the Laws of Florida being implemented or
  294  interpreted. The notice must include a concise summary of the
  295  agency’s statement of the estimated regulatory costs, if one has
  296  been prepared, based on the factors set forth in s. 120.541(2),
  297  which describes the regulatory impact of the rule in readable
  298  language; an agency website address where the statement of
  299  estimated regulatory costs can be viewed in its entirety; a
  300  statement that any person who wishes to provide the agency with
  301  information regarding the statement of estimated regulatory
  302  costs, or to provide a proposal for a lower cost regulatory
  303  alternative as provided by s. 120.541(1), must do so in writing
  304  within 21 days after publication of the notice; a request for
  305  the submission of any information that could be helpful to the
  306  agency regarding its statement of estimated regulatory costs;
  307  and a statement as to whether, based on the statement of the
  308  estimated regulatory costs or other information expressly relied
  309  upon and described by the agency if no statement of regulatory
  310  costs is required, the proposed rule is expected to require
  311  legislative ratification pursuant to s. 120.541(3). The notice
  312  must state the procedure for requesting a public hearing on the
  313  proposed rule. Except when the intended action is the repeal of
  314  a rule, the notice must include a reference both to the date on
  315  which and to the place where the notice of rule development that
  316  is required by subsection (2) appeared.
  317         2. The notice shall be published in the Florida
  318  Administrative Register at least not less than 28 days before
  319  prior to the intended action. The proposed rule, including all
  320  material proposed to be incorporated by reference and the
  321  statement of estimated regulatory costs, must shall be available
  322  for inspection and copying by the public at the time of the
  323  publication of notice. Material proposed to be incorporated by
  324  reference in the notice must be made available in the manner
  325  prescribed by sub-subparagraph (1)(i)3.a. or (1)(i)3.b.
  326         3. The notice shall be mailed to all persons named in the
  327  proposed rule and mailed or delivered electronically to all
  328  persons who, at least 14 days before publication of the notice
  329  prior to such mailing, have made requests of the agency for
  330  advance notice of its proceedings. The agency shall also give
  331  such notice as is prescribed by rule to those particular classes
  332  of persons to whom the intended action is directed.
  333         4. The adopting agency shall file with the committee, at
  334  least 21 days before prior to the proposed adoption date, a copy
  335  of each rule it proposes to adopt; a copy of any material
  336  incorporated by reference in the rule; a detailed written
  337  statement of the facts and circumstances justifying the proposed
  338  rule; a copy of the any statement of estimated regulatory costs
  339  that has been prepared pursuant to s. 120.541; a statement of
  340  the extent to which the proposed rule relates to federal
  341  standards or rules on the same subject; and the notice required
  342  by subparagraph 1.
  343         (b) Special matters to be considered in rule adoption.—
  344         1. Statement of estimated regulatory costs.—Before the
  345  adoption or, amendment, or repeal of any rule, other than an
  346  emergency rule, an agency must is encouraged to prepare a
  347  statement of estimated regulatory costs of the proposed rule, as
  348  provided by s. 120.541. However, an agency is not required to
  349  prepare a statement of estimated regulatory costs for a rule
  350  repeal unless such repeal would impose a regulatory cost. In any
  351  challenge to a rule repeal, a rule repeal that reduces or
  352  eliminates regulations on those presently regulated by the rule
  353  must be considered presumptively correct in any proceeding
  354  before the division or in any proceeding before a court of
  355  competent jurisdiction. However, an agency must prepare a
  356  statement of estimated regulatory costs of the proposed rule, as
  357  provided by s. 120.541, if:
  358         a. The proposed rule will have an adverse impact on small
  359  business; or
  360         b. The proposed rule is likely to directly or indirectly
  361  increase regulatory costs in excess of $200,000 in the aggregate
  362  in this state within 1 year after the implementation of the
  363  rule.
  364         2. Small businesses, small counties, and small cities.—
  365         a. For purposes of this subsection and s. 120.541(2), an
  366  adverse impact on small business exists if, for any small
  367  business:
  368         (I) An owner, an officer, an operator, or a manager must
  369  complete any education, training, or testing to comply, or is
  370  likely to either expend 10 hours or purchase professional advice
  371  to understand and comply with the rule in the first year;
  372         (II) Taxes or fees assessed on transactions are likely to
  373  increase by $500 or more in the aggregate in 1 year;
  374         (III) Prices charged for goods and services are restricted
  375  or are likely to increase because of the rule;
  376         (IV) Specially trained, licensed, or tested employees will
  377  be required;
  378         (V) Operating costs are expected to increase by at least
  379  $1,000 annually; or
  380         (VI) Capital expenditures in excess of $1,000 are necessary
  381  to comply with the rule.
  382         b. Each agency, before the adoption, amendment, or repeal
  383  of a rule, shall consider the impact of the rule on small
  384  businesses as defined by s. 288.703 and the impact of the rule
  385  on small counties or small cities as defined by s. 120.52.
  386  Whenever practicable, an agency shall tier its rules to reduce
  387  disproportionate impacts on small businesses, small counties, or
  388  small cities to avoid regulating small businesses, small
  389  counties, or small cities that do not contribute significantly
  390  to the problem the rule is designed to address. An agency may
  391  define “small business” to include businesses employing more
  392  than 200 persons, may define “small county” to include those
  393  with populations of more than 75,000, and may define “small
  394  city” to include those with populations of more than 10,000, if
  395  it finds that such a definition is necessary to adapt a rule to
  396  the needs and problems of small businesses, small counties, or
  397  small cities. The agency shall consider each of the following
  398  methods for reducing the impact of the proposed rule on small
  399  businesses, small counties, and small cities, or any combination
  400  of these entities:
  401         (I) Establishing less stringent compliance or reporting
  402  requirements in the rule.
  403         (II) Establishing less stringent schedules or deadlines in
  404  the rule for compliance or reporting requirements.
  405         (III) Consolidating or simplifying the rule’s compliance or
  406  reporting requirements.
  407         (IV) Establishing performance standards or best management
  408  practices to replace design or operational standards in the
  409  rule.
  410         (V) Exempting small businesses, small counties, or small
  411  cities from any or all requirements of the rule.
  412         c.(I)b.(I) If the agency determines that the proposed
  413  action will affect small businesses as defined by the agency as
  414  provided in sub-subparagraph b. a., the agency shall send
  415  written notice of the rule to the rules ombudsman in the
  416  Executive Office of the Governor at least 28 days before the
  417  intended action.
  418         (II) Each agency shall adopt those regulatory alternatives
  419  offered by the rules ombudsman in the Executive Office of the
  420  Governor and provided to the agency no later than 21 days after
  421  the rules ombudsman’s receipt of the written notice of the rule
  422  which it finds are feasible and consistent with the stated
  423  objectives of the proposed rule and which would reduce the
  424  impact on small businesses. When regulatory alternatives are
  425  offered by the rules ombudsman in the Executive Office of the
  426  Governor, the 90-day period for filing the rule in subparagraph
  427  (e)2. is extended for a period of 21 days. The agency shall
  428  provide notice to the committee of any regulatory alternative
  429  offered to the agency pursuant to this sub-subparagraph at least
  430  21 days before filing the rule for adoption.
  431         (III) If an agency does not adopt all alternatives offered
  432  pursuant to this sub-subparagraph, it shall, before rule
  433  adoption or amendment and pursuant to subparagraph (d)1., file a
  434  detailed written statement with the committee explaining the
  435  reasons for failure to adopt such alternatives. Within 3 working
  436  days after the filing of such notice, the agency shall send a
  437  copy of such notice to the rules ombudsman in the Executive
  438  Office of the Governor.
  439         (c) Hearings.—
  440         1. If the intended action concerns any rule other than one
  441  relating exclusively to procedure or practice, the agency shall,
  442  on the request of any affected person received within 21 days
  443  after the date of publication of the notice of intended agency
  444  action, give affected persons an opportunity to present evidence
  445  and argument on all issues under consideration. The agency may
  446  schedule a public hearing on the proposed rule and, if requested
  447  by any affected person, shall schedule a public hearing on the
  448  proposed rule. When a public hearing is held, the agency must
  449  ensure that persons responsible for preparing the proposed rule
  450  and the statement of estimated regulatory costs staff are
  451  available to explain the agency’s proposal and to respond to
  452  questions or comments regarding the proposed rule, the statement
  453  of estimated regulatory costs, and the agency’s decision whether
  454  to adopt a lower cost regulatory alternative submitted pursuant
  455  to s. 120.541(1)(a). If the agency head is a board or other
  456  collegial body created under s. 20.165(4) or s. 20.43(3)(g), and
  457  one or more requested public hearings is scheduled, the board or
  458  other collegial body shall conduct at least one of the public
  459  hearings itself and may not delegate this responsibility without
  460  the consent of those persons requesting the public hearing. Any
  461  material pertinent to the issues under consideration submitted
  462  to the agency within 21 days after the date of publication of
  463  the notice or submitted to the agency between the date of
  464  publication of the notice and the end of the final public
  465  hearing shall be considered by the agency and made a part of the
  466  record of the rulemaking proceeding.
  467         2. Rulemaking proceedings shall be governed solely by the
  468  provisions of this section unless a person timely asserts that
  469  the person’s substantial interests will be affected in the
  470  proceeding and affirmatively demonstrates to the agency that the
  471  proceeding does not provide adequate opportunity to protect
  472  those interests. If the agency determines that the rulemaking
  473  proceeding is not adequate to protect the person’s interests, it
  474  shall suspend the rulemaking proceeding and convene a separate
  475  proceeding under the provisions of ss. 120.569 and 120.57. The
  476  agency shall publish notice of convening a separate proceeding
  477  in the Florida Administrative Register. Similarly situated
  478  persons may be requested to join and participate in the separate
  479  proceeding. Upon conclusion of the separate proceeding, the
  480  rulemaking proceeding shall be resumed. All timelines in this
  481  section are tolled during any suspension of the rulemaking
  482  proceeding under this subparagraph, beginning on the date the
  483  notice of convening a separate proceeding is published and
  484  resuming on the day after the conclusion of the separate
  485  proceeding.
  486         (d) Modification or withdrawal of proposed rules.—
  487         1. After the final public hearing on the proposed rule, or
  488  after the time for requesting a hearing has expired, if the
  489  proposed rule has not been changed from the proposed rule as
  490  previously filed with the committee, or contains only technical
  491  changes that do not affect the substance of the rule, the
  492  adopting agency shall file a notice to that effect with the
  493  committee at least 7 days before prior to filing the proposed
  494  rule for adoption. Any change, other than a technical change
  495  that does not affect the substance of the rule, must be
  496  supported by the record of public hearings held on the proposed
  497  rule, must be in response to written material submitted to the
  498  agency within 21 days after the date of publication of the
  499  notice of intended agency action or submitted to the agency
  500  between the date of publication of the notice and the end of the
  501  final public hearing, or must be in response to a proposed
  502  objection by the committee. Any change, other than a technical
  503  change, to a statement of estimated regulatory costs requires a
  504  notice of change. In addition, when any change is made in a
  505  proposed rule text or any material incorporated by reference,
  506  other than a technical change, the adopting agency shall provide
  507  a copy of a notice of change by certified mail or actual
  508  delivery to any person who requests it in writing no later than
  509  21 days after the notice required in paragraph (a). The agency
  510  shall file the notice of change with the committee, along with
  511  the reasons for the change, and provide the notice of change to
  512  persons requesting it, at least 21 days before prior to filing
  513  the proposed rule for adoption. The notice of change shall be
  514  published in the Florida Administrative Register at least 21
  515  days before prior to filing the proposed rule for adoption. The
  516  notice of change must include a summary of any revision of the
  517  statement of estimated regulatory costs required by s.
  518  120.541(1)(c). This subparagraph does not apply to emergency
  519  rules adopted pursuant to subsection (4). Material proposed to
  520  be incorporated by reference in the notice required by this
  521  subparagraph must be made available in the manner prescribed by
  522  sub-subparagraph (1)(i)3.a. or (1)(i)3.b.
  523         2. After the notice required by paragraph (a) and before
  524  prior to adoption, the agency may withdraw the proposed rule in
  525  whole or in part.
  526         3. After the notice required by paragraph (a), the agency
  527  shall withdraw the proposed rule if the agency has failed to
  528  adopt it within the prescribed timeframes in this chapter. If,
  529  30 days after notice by the committee that the agency has failed
  530  to adopt the proposed rule within the prescribed timeframes in
  531  this chapter, the agency has not given notice of the withdrawal
  532  of the rule, the committee shall notify the Department of State
  533  that the date for adoption of the rule has expired and the
  534  Department of State shall publish a notice of withdrawal of the
  535  proposed rule.
  536         4.3. After adoption and before the rule becomes effective,
  537  a rule may be modified or withdrawn only in the following
  538  circumstances:
  539         a. When the committee objects to the rule;
  540         b. When a final order, which is not subject to further
  541  appeal, is entered in a rule challenge brought pursuant to s.
  542  120.56 after the date of adoption but before the rule becomes
  543  effective pursuant to subparagraph (e)6.;
  544         c. If the rule requires ratification, when more than 90
  545  days have passed since the rule was filed for adoption without
  546  the Legislature ratifying the rule, in which case the rule may
  547  be withdrawn but may not be modified; or
  548         d. When the committee notifies the agency that an objection
  549  to the rule is being considered, in which case the rule may be
  550  modified to extend the effective date by not more than 60 days.
  551         5.4. The agency shall give notice of its decision to
  552  withdraw or modify a rule in the first available issue of the
  553  publication in which the original notice of rulemaking was
  554  published, shall notify those persons described in subparagraph
  555  (a)3. in accordance with the requirements of that subparagraph,
  556  and shall notify the Department of State if the rule is required
  557  to be filed with the Department of State.
  558         6.5. After a rule has become effective, it may be repealed
  559  or amended only through the rulemaking procedures specified in
  560  this chapter.
  561         (e) Filing for final adoption; effective date.—
  562         1. If the adopting agency is required to publish its rules
  563  in the Florida Administrative Code, the agency, upon approval of
  564  the agency head, shall file with the Department of State three
  565  certified copies of the rule it proposes to adopt; one copy of
  566  any material incorporated by reference in the rule, certified by
  567  the agency; a summary of the rule; a summary of any hearings
  568  held on the rule; and a detailed written statement of the facts
  569  and circumstances justifying the rule. Agencies not required to
  570  publish their rules in the Florida Administrative Code shall
  571  file one certified copy of the proposed rule, and the other
  572  material required by this subparagraph, in the office of the
  573  agency head, and such rules shall be open to the public.
  574         2. A rule may not be filed for adoption less than 28 days
  575  or more than 90 days after the notice required by paragraph (a),
  576  until 21 days after the notice of change required by paragraph
  577  (d), until 14 days after the final public hearing, until 21 days
  578  after a statement of estimated regulatory costs required under
  579  s. 120.541 has been provided to all persons who submitted a
  580  lower cost regulatory alternative and made available to the
  581  public at a readily accessible page on the agency’s website, or
  582  until the administrative law judge has rendered a decision under
  583  s. 120.56(2), whichever applies. When a required notice of
  584  change is published before prior to the expiration of the time
  585  to file the rule for adoption, the period during which a rule
  586  must be filed for adoption is extended to 45 days after the date
  587  of publication. If notice of a public hearing is published
  588  before prior to the expiration of the time to file the rule for
  589  adoption, the period during which a rule must be filed for
  590  adoption is extended to 45 days after adjournment of the final
  591  hearing on the rule, 21 days after receipt of all material
  592  authorized to be submitted at the hearing, or 21 days after
  593  receipt of the transcript, if one is made, whichever is latest.
  594  The term “public hearing” includes any public meeting held by
  595  any agency at which the rule is considered. If a petition for an
  596  administrative determination under s. 120.56(2) is filed, the
  597  period during which a rule must be filed for adoption is
  598  extended to 60 days after the administrative law judge files the
  599  final order with the clerk or until 60 days after subsequent
  600  judicial review is complete.
  601         3. At the time a rule is filed, the agency shall certify
  602  that the time limitations prescribed by this paragraph have been
  603  complied with, that all statutory rulemaking requirements have
  604  been met, and that there is no administrative determination
  605  pending on the rule.
  606         4. At the time a rule is filed, the committee shall certify
  607  whether the agency has responded in writing to all material and
  608  timely written comments or written inquiries made on behalf of
  609  the committee. The Department of State shall reject any rule
  610  that is not filed within the prescribed time limits; that does
  611  not comply with all statutory rulemaking requirements and rules
  612  of the Department of State; upon which an agency has not
  613  responded in writing to all material and timely written
  614  inquiries or written comments; upon which an administrative
  615  determination is pending; or which does not include a statement
  616  of estimated regulatory costs, if required.
  617         5. If a rule has not been adopted within the time limits
  618  imposed by this paragraph or has not been adopted in compliance
  619  with all statutory rulemaking requirements, the agency proposing
  620  the rule shall withdraw the proposed rule and give notice of its
  621  action in the next available issue of the Florida Administrative
  622  Register.
  623         6. The proposed rule shall be adopted on being filed with
  624  the Department of State and become effective 20 days after being
  625  filed, on a later date specified in the notice required by
  626  subparagraph (a)1., on a date required by statute, or upon
  627  ratification by the Legislature pursuant to s. 120.541(3). Rules
  628  not required to be filed with the Department of State shall
  629  become effective when adopted by the agency head, on a later
  630  date specified by rule or statute, or upon ratification by the
  631  Legislature pursuant to s. 120.541(3). If the committee notifies
  632  an agency that an objection to a rule is being considered, the
  633  agency may postpone the adoption of the rule to accommodate
  634  review of the rule by the committee. When an agency postpones
  635  adoption of a rule to accommodate review by the committee, the
  636  90-day period for filing the rule is tolled until the committee
  637  notifies the agency that it has completed its review of the
  638  rule.
  639  
  640  For the purposes of this paragraph, the term “administrative
  641  determination” does not include subsequent judicial review.
  642         (7) PETITION TO INITIATE RULEMAKING.—
  643         (a) Any person regulated by an agency or having substantial
  644  interest in an agency rule may petition an agency to adopt,
  645  amend, or repeal a rule or to provide the minimum public
  646  information required by this chapter. The petition shall specify
  647  the proposed rule and action requested. The agency shall file a
  648  copy of the petition with the committee. Not later than 30
  649  calendar days following the date of filing a petition, the
  650  agency shall initiate rulemaking proceedings under this chapter,
  651  otherwise comply with the requested action, or deny the petition
  652  with a written statement of its reasons for the denial.
  653         Section 3. Section 120.541, Florida Statutes, is amended to
  654  read:
  655         120.541 Statement of estimated regulatory costs.—
  656         (1)(a) Within 21 days after publication of the notice of
  657  proposed rule or notice of change required under s.
  658  120.54(3)(a), a substantially affected person may submit to an
  659  agency a good faith written proposal for a lower cost regulatory
  660  alternative to a proposed rule which substantially accomplishes
  661  the objectives of the law being implemented. The agency shall
  662  provide a copy of any proposal for a lower cost regulatory
  663  alternative to the committee at least 21 days before filing the
  664  rule for adoption. The proposal may include the alternative of
  665  not adopting any rule if the proposal explains how the lower
  666  costs and objectives of the law will be achieved by not adopting
  667  any rule. If submitted after a notice of change, a proposal for
  668  a lower cost regulatory alternative is deemed to be made in good
  669  faith only if the person reasonably believes, and the proposal
  670  states the person’s reasons for believing, that the proposed
  671  rule as changed by the notice of change increases the regulatory
  672  costs or creates an adverse impact on small business that was
  673  not created by the previous proposed rule. If such a proposal is
  674  submitted, the 90-day period for filing the rule is extended 21
  675  days. Upon the submission of the lower cost regulatory
  676  alternative, the agency shall prepare a statement of estimated
  677  regulatory costs as provided in subsection (2), or shall revise
  678  its prior statement of estimated regulatory costs, and either
  679  adopt the alternative proposal, reject the alternative proposal,
  680  or modify the proposed rule to reduce the regulatory costs. If
  681  the agency rejects the alternative proposal or modifies the
  682  proposed rule, the agency shall or provide a statement of the
  683  reasons for rejecting the alternative in favor of the proposed
  684  rule.
  685         (b) If a proposed rule will have an adverse impact on small
  686  business or if the proposed rule is likely to directly or
  687  indirectly increase regulatory costs in excess of $200,000 in
  688  the aggregate within 1 year after the implementation of the
  689  rule, the agency shall prepare a statement of estimated
  690  regulatory costs as required by s. 120.54(3)(b).
  691         (c) The agency shall revise a statement of estimated
  692  regulatory costs if any change to the rule made under s.
  693  120.54(3)(d) increases the regulatory costs of the rule or if
  694  the rule is modified in response to the submission of a lower
  695  cost regulatory alternative. A summary of the revised statement
  696  must be included with any subsequent notice published under s.
  697  120.54(3).
  698         (c)(d) At least 21 days before filing the proposed rule for
  699  adoption, an agency that is required to revise a statement of
  700  estimated regulatory costs shall provide the statement to the
  701  person who submitted the lower cost regulatory alternative, to
  702  the rules ombudsman in the Executive Office of the Governor, and
  703  to the committee. The revised statement shall be published and
  704  made available in the same manner as the original statement of
  705  estimated regulatory costs and shall provide notice on the
  706  agency’s website that it is available to the public.
  707         (d)(e) Notwithstanding s. 120.56(1)(c), the failure of the
  708  agency to prepare and publish a statement of estimated
  709  regulatory costs or to respond to a written lower cost
  710  regulatory alternative as provided in this subsection is a
  711  material failure to follow the applicable rulemaking procedures
  712  or requirements set forth in this chapter.
  713         (e)(f) An agency’s failure to prepare a statement of
  714  estimated regulatory costs or to respond to a written lower cost
  715  regulatory alternative may not be raised in a proceeding
  716  challenging the validity of a rule pursuant to s. 120.52(8)(a)
  717  unless:
  718         1. Raised in a petition filed no later than 1 year after
  719  the effective date of the rule; and
  720         2. Raised by a person whose substantial interests are
  721  affected by the rule’s regulatory costs.
  722         (f)(g) A rule that is challenged pursuant to s.
  723  120.52(8)(f) may not be declared invalid unless:
  724         1. The issue is raised in an administrative proceeding
  725  within 1 year after the effective date of the rule;
  726         2. The challenge is to the agency’s rejection of a lower
  727  cost regulatory alternative offered under paragraph (a) or s.
  728  120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and
  729         3. The substantial interests of the person challenging the
  730  rule are materially affected by the rejection.
  731         (2) A statement of estimated regulatory costs shall
  732  include:
  733         (a) An economic analysis showing whether the rule directly
  734  or indirectly:
  735         1. Is likely to have an adverse impact on economic growth,
  736  private sector job creation or employment, or private sector
  737  investment in excess of $1 million in the aggregate within 5
  738  years after the implementation of the rule;
  739         2. Is likely to have an adverse impact on business
  740  competitiveness, including the ability of persons doing business
  741  in the state to compete with persons doing business in other
  742  states or domestic markets, productivity, or innovation in
  743  excess of $1 million in the aggregate within 5 years after the
  744  implementation of the rule; or
  745         3. Is likely to increase regulatory costs, including all
  746  any transactional costs and impacts estimated in the statement,
  747  in excess of $1 million in the aggregate within 5 years after
  748  the implementation of the rule.
  749         (b) A good faith estimate of the number of individuals,
  750  small businesses, and other entities likely to be required to
  751  comply with the rule, together with a general description of the
  752  types of individuals likely to be affected by the rule.
  753         (c) A good faith estimate of the cost to the agency, and to
  754  any other state and local government entities, of implementing
  755  and enforcing the proposed rule, and any anticipated effect on
  756  state or local revenues.
  757         (d) A good faith estimate of the compliance transactional
  758  costs likely to be incurred by individuals and entities,
  759  including local government entities, required to comply with the
  760  requirements of the rule. As used in this section,
  761  “transactional costs” are direct costs that are readily
  762  ascertainable based upon standard business practices, and
  763  include filing fees, the cost of obtaining a license, the cost
  764  of equipment required to be installed or used or procedures
  765  required to be employed in complying with the rule, additional
  766  operating costs incurred, the cost of monitoring and reporting,
  767  and any other costs necessary to comply with the rule.
  768         (e) An analysis of the impact on small businesses as
  769  defined by s. 288.703, and an analysis of the impact on small
  770  counties and small cities as defined in s. 120.52. The impact
  771  analysis for small businesses must include the basis for the
  772  agency’s decision not to implement alternatives that would
  773  reduce adverse impacts on small businesses.
  774         (f) Any additional information that the agency determines
  775  may be useful.
  776         (g) In the statement or revised statement, whichever
  777  applies, a description of any regulatory alternatives submitted
  778  under paragraph (1)(a) and a statement adopting the alternative
  779  or a statement of the reasons for rejecting the alternative in
  780  favor of the proposed rule.
  781         (3) If the adverse impact or regulatory costs of the rule
  782  exceed any of the criteria established in paragraph (2)(a), the
  783  rule shall be submitted to the President of the Senate and
  784  Speaker of the House of Representatives no later than 30 days
  785  before prior to the next regular legislative session, and the
  786  rule may not take effect until it is ratified by the
  787  Legislature.
  788         (4) Subsection (3) does not apply to the adoption of:
  789         (a) Federal standards pursuant to s. 120.54(6).
  790         (b) Triennial updates of and amendments to the Florida
  791  Building Code which are expressly authorized by s. 553.73.
  792         (c) Triennial updates of and amendments to the Florida Fire
  793  Prevention Code which are expressly authorized by s. 633.202.
  794         (d) Emergency rules adopted pursuant to s. 120.54(4).
  795         (5) For purposes of subsections (2) and (3), adverse
  796  impacts and regulatory costs likely to occur within 5 years
  797  after implementation of the rule include adverse impacts and
  798  regulatory costs estimated to occur within 5 years after the
  799  effective date of the rule. However, if any provision of the
  800  rule is not fully implemented upon the effective date of the
  801  rule, the adverse impacts and regulatory costs associated with
  802  such provision must be adjusted to include any additional
  803  adverse impacts and regulatory costs estimated to occur within 5
  804  years after implementation of such provision.
  805         (6)(a) In evaluating the impacts described in paragraphs
  806  (2)(a) and (2)(e), an agency shall include good faith estimates
  807  of market impacts likely to result from compliance with the
  808  proposed rule, including:
  809         1. Increased customer charges for goods or services.
  810         2. Decreased market value of goods or services produced,
  811  provided, or sold.
  812         3. Increased costs resulting from the purchase of
  813  substitute or alternative goods or services.
  814         4. The reasonable value of time to be expended by owners,
  815  officers, operators, and managers to understand and comply with
  816  the proposed rule, including, but not limited to, time expended
  817  to complete required education, training, or testing.
  818         5. Capital costs.
  819         6. Any other impacts suggested by the rules ombudsman or
  820  interested persons.
  821         (b) In estimating the information required in paragraphs
  822  (2)(b)-(e), the agency may use surveys of individuals,
  823  businesses, business organizations, counties, and municipalities
  824  to collect data helpful to estimate the costs and impacts.
  825         (c) In estimating compliance costs under paragraph (2)(d),
  826  the agency shall consider, among other matters, all direct and
  827  indirect costs necessary to comply with the proposed rule which
  828  are readily ascertainable based upon standard business
  829  practices, including, but not limited to, costs related to:
  830         1. Filing fees.
  831         2. Obtaining a license.
  832         3. Necessary equipment.
  833         4. Installation, utilities, and maintenance of necessary
  834  equipment.
  835         5. Necessary operations and procedures.
  836         6. Accounting, financial, information management, and other
  837  administrative processes.
  838         7. Other processes.
  839         8. Labor based on relevant rates of wages, salaries, and
  840  benefits.
  841         9. Materials and supplies.
  842         10. Capital expenditures, including financing costs.
  843         11. Professional and technical services, including
  844  contracted services necessary to implement and maintain
  845  compliance.
  846         12. Monitoring and reporting.
  847         13. Qualifying and recurring education, training, and
  848  testing.
  849         14. Travel.
  850         15. Insurance and surety requirements.
  851         16. A fair and reasonable allocation of administrative
  852  costs or other overhead.
  853         17. Reduced sales or other revenues.
  854         18. Other items suggested by the rules ombudsman or any
  855  interested person, business organization, or business
  856  representative.
  857         (7)(a) The Department of State shall include on the Florida
  858  Administrative Register website the agency website addresses
  859  where statements of estimated regulatory costs can be viewed in
  860  their entirety.
  861         (b) An agency that prepares a statement of estimated
  862  regulatory costs must provide, as part of the notice required
  863  under s. 120.54(3)(a), the agency website address where the
  864  statement of estimated regulatory costs can be read in its
  865  entirety to the Department of State for publication in the
  866  Florida Administrative Register.
  867         (c) If an agency revises its statement of estimated
  868  regulatory costs, the agency must provide notice that a revision
  869  has been made. Such notice must include the agency website
  870  address where the revision can be viewed in its entirety.
  871         Section 4. Section 120.5435, Florida Statutes, is created
  872  to read:
  873         120.5435 Repromulgation of rules.—
  874         (1) It is the intent of the Legislature that each agency
  875  shall periodically review its rules for consistency with the
  876  powers and duties granted by its enabling statutes. If an agency
  877  determines after such review that substantive changes to update
  878  a rule are not required, such agency shall repromulgate the rule
  879  to reflect the date of the review. Each agency shall review its
  880  rules pursuant to this section either 5 years after July 1,
  881  2019, if the rule was adopted before January 1, 2010, or 10
  882  years after the rule was adopted, if the rule was adopted on or
  883  after January 1, 2010. Failure of an agency to adhere to the
  884  deadlines imposed in this section constitutes repeal of any
  885  affected rule. In the event of such a failure, the committee
  886  shall notify the Department of State that the agency, by its
  887  failure to repromulgate the affected rule, has elected to repeal
  888  the rule. Upon receipt of the committee’s notice, the Department
  889  of State shall publish a notice to that effect in the next
  890  available issue of the Florida Administrative Register. Upon
  891  publication of the notice, the rule must be stricken from the
  892  files of the Department of State and from the files of the
  893  agency.
  894         (2) Before repromulgation of a rule, the agency shall, upon
  895  approval by the agency head or his or her designee:
  896         (a) Publish a notice of repromulgation in the Florida
  897  Administrative Register. A notice of repromulgation is not
  898  required to include the text of the rule being repromulgated.
  899         (b) File the rule for repromulgation with the Department of
  900  State. A rule may not be filed for repromulgation less than 28
  901  days, and more than 90 days, after the date of publication of
  902  the notice required by paragraph (a).
  903         (3) The agency shall file a notice of repromulgation with
  904  the committee at least 14 days before filing the rule for
  905  repromulgation. At the time the rule is filed for
  906  repromulgation, the committee shall certify whether the agency
  907  has responded in writing to all material and timely written
  908  comments or written inquiries made on behalf of the committee.
  909         (4) A repromulgated rule is not subject to challenge as a
  910  proposed rule pursuant to s. 120.56(2).
  911         (5) The hearing requirements of s. 120.54 do not apply to
  912  repromulgation of a rule.
  913         (6)(a) The agency, upon approval of the agency head or his
  914  or her designee, shall file with the Department of State three
  915  certified copies of the repromulgated rule that it proposes to
  916  adopt and one certified copy of any material incorporated by
  917  reference in the rule.
  918         (b) The repromulgated rule must be adopted upon filing with
  919  the Department of State and becomes effective 20 days after the
  920  date it is filed.
  921         (c) The Department of State shall update the history note
  922  of the rule in the Florida Administrative Code to reflect the
  923  effective date of the repromulgated rule.
  924         (7) The Department of State shall adopt rules to implement
  925  this section by December 31, 2019.
  926         Section 5. Subsection (1) of section 120.545, Florida
  927  Statutes, is amended to read:	
  928         120.545 Committee review of agency rules.—
  929         (1) As a legislative check on legislatively created
  930  authority, the committee shall examine each existing rule and
  931  proposed rule, except for those proposed rules exempted by s.
  932  120.81(1)(e) and (2), and its accompanying material, and each
  933  emergency rule, and may examine any existing rule, for the
  934  purpose of determining whether:
  935         (a) The rule is an invalid exercise of delegated
  936  legislative authority.
  937         (b) The statutory authority for the rule has been repealed.
  938         (c) The rule reiterates or paraphrases statutory material.
  939         (d) The rule is in proper form.
  940         (e) The notice given prior to its adoption was sufficient
  941  to give adequate notice of the purpose and effect of the rule.
  942         (f) The rule is consistent with expressed legislative
  943  intent pertaining to the specific provisions of law which the
  944  rule implements.
  945         (g) The rule is necessary to accomplish the apparent or
  946  expressed objectives of the specific provision of law which the
  947  rule implements.
  948         (h) The rule is a reasonable implementation of the law as
  949  it affects the convenience of the general public or persons
  950  particularly affected by the rule.
  951         (i) The rule could be made less complex or more easily
  952  comprehensible to the general public.
  953         (j) The rule’s statement of estimated regulatory costs
  954  complies with the requirements of s. 120.541 and whether the
  955  rule does not impose regulatory costs on the regulated person,
  956  county, or city which could be reduced by the adoption of less
  957  costly alternatives that substantially accomplish the statutory
  958  objectives.
  959         (k) The rule will require additional appropriations.
  960         (l) If the rule is an emergency rule, there exists an
  961  emergency justifying the adoption of such rule, the agency is
  962  within its statutory authority, and the rule was adopted in
  963  compliance with the requirements and limitations of s.
  964  120.54(4).
  965         Section 6. Paragraphs (a) and (c) of subsection (1) and
  966  subsection (6) of section 120.55, Florida Statutes, are amended
  967  to read:
  968         120.55 Publication.—
  969         (1) The Department of State shall:
  970         (a)1. Through a continuous revision and publication system,
  971  compile and publish electronically, on a website managed by the
  972  department, the “Florida Administrative Code.” The Florida
  973  Administrative Code shall contain all rules adopted by each
  974  agency, citing the grant of rulemaking authority and the
  975  specific law implemented pursuant to which each rule was
  976  adopted, all history notes as authorized in s. 120.545(7),
  977  complete indexes to all rules contained in the code, and any
  978  other material required or authorized by law or deemed useful by
  979  the department. The electronic code shall display each rule
  980  chapter currently in effect in browse mode and allow full text
  981  search of the code and each rule chapter. The department may
  982  contract with a publishing firm for a printed publication;
  983  however, the department shall retain responsibility for the code
  984  as provided in this section. The electronic publication shall be
  985  the official compilation of the administrative rules of this
  986  state. The Florida Administrative Code must be published once
  987  daily by no later than 8 a.m. If, after publication, a rule is
  988  corrected and replaced, the Florida Administrative Code must
  989  indicate that it has been republished and must indicate the rule
  990  that has been corrected by the Department of State. The
  991  Department of State shall retain the copyright over the Florida
  992  Administrative Code.
  993         2. Not publish in the Florida Administrative Code, rules
  994  general in form but applicable to only one school district,
  995  community college district, or county, or a part thereof, or
  996  state university rules relating to internal personnel or
  997  business and finance shall not be published in the Florida
  998  Administrative Code. Exclusion from publication in the Florida
  999  Administrative Code shall not affect the validity or
 1000  effectiveness of such rules.
 1001         3. At the beginning of the section of the code dealing with
 1002  an agency that files copies of its rules with the department,
 1003  the department shall publish the address and telephone number of
 1004  the executive offices of each agency, the manner by which the
 1005  agency indexes its rules, a listing of all rules of that agency
 1006  excluded from publication in the code, and a statement as to
 1007  where those rules may be inspected.
 1008         4. Not publish forms shall not be published in the Florida
 1009  Administrative Code; but any form which an agency uses in its
 1010  dealings with the public, along with any accompanying
 1011  instructions, shall be filed with the committee before it is
 1012  used. Any form or instruction which meets the definition of
 1013  “rule” provided in s. 120.52 shall be incorporated by reference
 1014  into the appropriate rule. The reference shall specifically
 1015  state that the form is being incorporated by reference and shall
 1016  include the number, title, and effective date of the form and an
 1017  explanation of how the form may be obtained. Each form created
 1018  by an agency which is incorporated by reference in a rule notice
 1019  of which is given under s. 120.54(3)(a) after December 31, 2007,
 1020  must clearly display the number, title, and effective date of
 1021  the form and the number of the rule in which the form is
 1022  incorporated.
 1023         5. Require all material incorporated by reference in any
 1024  part of an adopted rule and in any part of a repromulgated rule
 1025  The department shall allow adopted rules and material
 1026  incorporated by reference to be filed in the manner prescribed
 1027  by s. 120.54(1)(i)3.a. or s. 120.54(1)(i)3.b. electronic form as
 1028  prescribed by department rule. When a rule is filed for adoption
 1029  or repromulgation with incorporated material in electronic form,
 1030  the department’s publication of the Florida Administrative Code
 1031  on its website must contain a hyperlink from the incorporating
 1032  reference in the rule directly to that material. The department
 1033  may not allow hyperlinks from rules in the Florida
 1034  Administrative Code to any material other than that filed with
 1035  and maintained by the department, but may allow hyperlinks to
 1036  incorporated material maintained by the department from the
 1037  adopting agency’s website or other sites.
 1038         6. Include the date of any technical changes to a rule in
 1039  the history note of the rule in the Florida Administrative Code.
 1040  A technical change does not affect the effective date of the
 1041  rule.
 1042         (c) Prescribe by rule the style and form required for
 1043  rules, notices, and other materials submitted for filing,
 1044  including a rule requiring documents created by an agency which
 1045  are proposed to be incorporated by reference in notices
 1046  published pursuant to s. 120.54(3)(a) and (d) to be coded in the
 1047  same manner as notices published pursuant to s. 120.54(3)(a)1.
 1048         (6) Any publication of a proposed rule promulgated by an
 1049  agency, whether published in the Florida Administrative Register
 1050  or elsewhere, shall include, along with the rule, the name of
 1051  the person or persons originating such rule, the name of the
 1052  agency head who approved the rule, and the date upon which the
 1053  rule was approved.
 1054         Section 7. Subsection (1) of section 120.569, Florida
 1055  Statutes, is amended to read:
 1056         120.569 Decisions which affect substantial interests.—
 1057         (1)(a) The provisions of this section apply in all
 1058  proceedings in which the substantial interests of a party are
 1059  determined by an agency, unless the parties are proceeding under
 1060  s. 120.573 or s. 120.574. Unless waived by all parties, s.
 1061  120.57(1) applies whenever the proceeding involves a disputed
 1062  issue of material fact. Unless otherwise agreed, s. 120.57(2)
 1063  applies in all other cases. If a disputed issue of material fact
 1064  arises during a proceeding under s. 120.57(2), then, unless
 1065  waived by all parties, the proceeding under s. 120.57(2) shall
 1066  be terminated and a proceeding under s. 120.57(1) shall be
 1067  conducted. Parties shall be notified of any order, including a
 1068  final order. Unless waived, a copy of the order shall be
 1069  delivered or mailed to each party or the party’s attorney of
 1070  record at the address of record. Each notice shall inform the
 1071  recipient of any administrative hearing or judicial review that
 1072  is available under this section, s. 120.57, or s. 120.68; shall
 1073  indicate the procedure which must be followed to obtain the
 1074  hearing or judicial review; and shall state the time limits
 1075  which apply.
 1076         (b) For all proceedings conducted before the division, any
 1077  document filed with the division by a party represented by an
 1078  attorney must be filed electronically through the division’s
 1079  website. Any document filed with the division by a party not
 1080  represented by an attorney must be filed, whenever possible,
 1081  electronically through the division’s website. The division
 1082  shall serve all such documents on all parties of record
 1083  electronically through the division’s website. The parties are
 1084  relieved of any requirement to serve other parties who are
 1085  registered for electronic filing when they file documents
 1086  electronically with the division.
 1087         Section 8. Subsection (1) and paragraph (a) of subsection
 1088  (2) of section 120.74, Florida Statutes, are amended to read:
 1089         120.74 Agency annual rulemaking and regulatory plans;
 1090  reports.—
 1091         (1) REGULATORY PLAN.—By October 1 of each year, each agency
 1092  shall prepare a regulatory plan.
 1093         (a) The plan must include a listing of each law enacted or
 1094  amended during the previous 12 months which creates or modifies
 1095  the duties or authority of the agency. If the Governor or the
 1096  Attorney General provides a letter to the committee stating that
 1097  a law affects all or most agencies, the agency may exclude the
 1098  law from its plan. For each law listed by an agency under this
 1099  paragraph, the plan must state:
 1100         1. Whether the agency must adopt rules to implement the
 1101  law.
 1102         2. If rulemaking is necessary to implement the law:
 1103         a. Whether a notice of rule development has been published
 1104  and, if so, the citation to such notice in the Florida
 1105  Administrative Register.
 1106         b. The date by which the agency expects to publish the
 1107  notice of proposed rule under s. 120.54(3)(a).
 1108         3. If rulemaking is not necessary to implement the law, a
 1109  concise written explanation of the reasons why the law may be
 1110  implemented without rulemaking.
 1111         (b) The plan must also identify and describe each rule,
 1112  including each rule number or proposed rule number, include a
 1113  listing of each law not otherwise listed pursuant to paragraph
 1114  (a) which the agency expects to develop, adopt, or repeal for
 1115  the 12-month period beginning on October 1 and ending on
 1116  September 30 implement by rulemaking before the following July
 1117  1, excluding emergency rules except emergency rulemaking. For
 1118  each rule law listed under this paragraph, the plan must state
 1119  whether the rulemaking is intended to simplify, clarify,
 1120  increase efficiency, improve coordination with other agencies,
 1121  reduce regulatory costs, or delete obsolete, unnecessary, or
 1122  redundant rules.
 1123         (c) The plan must include any desired update to the prior
 1124  year’s regulatory plan or supplement published pursuant to
 1125  subsection (7). If, in a prior year, a law was identified under
 1126  this paragraph or under subparagraph (a)1. as a law requiring
 1127  rulemaking to implement but a notice of proposed rule has not
 1128  been published:
 1129         1. The agency shall identify and again list such law,
 1130  noting the applicable notice of rule development by citation to
 1131  the Florida Administrative Register; or
 1132         2. If the agency has subsequently determined that
 1133  rulemaking is not necessary to implement the law, the agency
 1134  shall identify such law, reference the citation to the
 1135  applicable notice of rule development in the Florida
 1136  Administrative Register, and provide a concise written
 1137  explanation of the reason why the law may be implemented without
 1138  rulemaking.
 1139         (d) The plan must identify any rules that are required to
 1140  be repromulgated pursuant to s. 120.5435 for the 12-month period
 1141  beginning on October 1 and ending on September 30.
 1142         (e)(d) The plan must include a certification executed on
 1143  behalf of the agency by both the agency head, or, if the agency
 1144  head is a collegial body, the presiding officer; and the
 1145  individual acting as principal legal advisor to the agency head.
 1146  The certification must:
 1147         1. Declare Verify that the persons executing the
 1148  certification have reviewed the plan.
 1149         2. Declare Verify that the agency regularly reviews all of
 1150  its rules and identify the period during which all rules have
 1151  most recently been reviewed to determine if the rules remain
 1152  consistent with the agency’s rulemaking authority and the laws
 1153  implemented.
 1154         3. Declare that the agency understands that regulatory
 1155  accountability is necessary to ensure public confidence in the
 1156  integrity of state government and that, to that end, the agency
 1157  is diligently working toward lowering the total number of rules
 1158  adopted.
 1159         4. Declare the total number of rules adopted and repealed
 1160  during the previous 12 months.
 1161         (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
 1162         (a) By October 1 of each year, each agency shall:
 1163         1. Publish its regulatory plan on its website or on another
 1164  state website established for publication of administrative law
 1165  records. A clearly labeled hyperlink to the current plan must be
 1166  included on the agency’s primary website homepage.
 1167         2. Electronically deliver to the committee a copy of the
 1168  certification required in paragraph (1)(e) (1)(d).
 1169         3. Publish in the Florida Administrative Register a notice
 1170  identifying the date of publication of the agency’s regulatory
 1171  plan. The notice must include a hyperlink or website address
 1172  providing direct access to the published plan.
 1173         Section 9. Paragraph (a) of subsection (2) of section
 1174  120.56, Florida Statutes, is amended to read:
 1175         120.56 Challenges to rules.—
 1176         (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—
 1177         (a) A petition alleging the invalidity of a proposed rule
 1178  shall be filed within 21 days after the date of publication of
 1179  the notice required by s. 120.54(3)(a); within 10 days after the
 1180  final public hearing is held on the proposed rule as provided by
 1181  s. 120.54(3)(e)2.; within 20 days after the statement of
 1182  estimated regulatory costs or revised statement of estimated
 1183  regulatory costs, if applicable, has been prepared and made
 1184  available as provided in s. 120.541(1)(c) s. 120.541(1)(d); or
 1185  within 20 days after the date of publication of the notice
 1186  required by s. 120.54(3)(d). The petitioner has the burden to
 1187  prove by a preponderance of the evidence that the petitioner
 1188  would be substantially affected by the proposed rule. The agency
 1189  then has the burden to prove by a preponderance of the evidence
 1190  that the proposed rule is not an invalid exercise of delegated
 1191  legislative authority as to the objections raised. A person who
 1192  is not substantially affected by the proposed rule as initially
 1193  noticed, but who is substantially affected by the rule as a
 1194  result of a change, may challenge any provision of the resulting
 1195  proposed rule.
 1196         Section 10. Subsection (11) of section 120.80, Florida
 1197  Statutes, is amended to read:
 1198         120.80 Exceptions and special requirements; agencies.—
 1199         (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s.
 1200  120.52(16), the enlistment, organization, administration,
 1201  equipment, maintenance, training, and discipline of the militia,
 1202  National Guard, organized militia, and unorganized militia, as
 1203  provided by s. 2, Art. X of the State Constitution, are not
 1204  rules as defined by this chapter.
 1205         Section 11. Paragraph (c) of subsection (1) of section
 1206  120.81, Florida Statutes, is amended to read:
 1207         120.81 Exceptions and special requirements; general areas.—
 1208         (1) EDUCATIONAL UNITS.—
 1209         (c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests,
 1210  test scoring criteria, or testing procedures relating to student
 1211  assessment which are developed or administered by the Department
 1212  of Education pursuant to s. 1003.4282, s. 1008.22, or s.
 1213  1008.25, or any other statewide educational tests required by
 1214  law, are not rules.
 1215         Section 12. Paragraph (a) of subsection (1) of section
 1216  420.9072, Florida Statutes, is amended to read:
 1217         420.9072 State Housing Initiatives Partnership Program.—The
 1218  State Housing Initiatives Partnership Program is created for the
 1219  purpose of providing funds to counties and eligible
 1220  municipalities as an incentive for the creation of local housing
 1221  partnerships, to expand production of and preserve affordable
 1222  housing, to further the housing element of the local government
 1223  comprehensive plan specific to affordable housing, and to
 1224  increase housing-related employment.
 1225         (1)(a) In addition to the legislative findings set forth in
 1226  s. 420.6015, the Legislature finds that affordable housing is
 1227  most effectively provided by combining available public and
 1228  private resources to conserve and improve existing housing and
 1229  provide new housing for very-low-income households, low-income
 1230  households, and moderate-income households. The Legislature
 1231  intends to encourage partnerships in order to secure the
 1232  benefits of cooperation by the public and private sectors and to
 1233  reduce the cost of housing for the target group by effectively
 1234  combining all available resources and cost-saving measures. The
 1235  Legislature further intends that local governments achieve this
 1236  combination of resources by encouraging active partnerships
 1237  between government, lenders, builders and developers, real
 1238  estate professionals, advocates for low-income persons, and
 1239  community groups to produce affordable housing and provide
 1240  related services. Extending the partnership concept to encompass
 1241  cooperative efforts among small counties as defined in s.
 1242  120.52(20) s. 120.52(19), and among counties and municipalities
 1243  is specifically encouraged. Local governments are also intended
 1244  to establish an affordable housing advisory committee to
 1245  recommend monetary and nonmonetary incentives for affordable
 1246  housing as provided in s. 420.9076.
 1247         Section 13. Subsection (7) of section 420.9075, Florida
 1248  Statutes, is amended to read:
 1249         420.9075 Local housing assistance plans; partnerships.—
 1250         (7) The moneys deposited in the local housing assistance
 1251  trust fund shall be used to administer and implement the local
 1252  housing assistance plan. The cost of administering the plan may
 1253  not exceed 5 percent of the local housing distribution moneys
 1254  and program income deposited into the trust fund. A county or an
 1255  eligible municipality may not exceed the 5-percent limitation on
 1256  administrative costs, unless its governing body finds, by
 1257  resolution, that 5 percent of the local housing distribution
 1258  plus 5 percent of program income is insufficient to adequately
 1259  pay the necessary costs of administering the local housing
 1260  assistance plan. The cost of administering the program may not
 1261  exceed 10 percent of the local housing distribution plus 5
 1262  percent of program income deposited into the trust fund, except
 1263  that small counties, as defined in s. 120.52(20) s. 120.52(19),
 1264  and eligible municipalities receiving a local housing
 1265  distribution of up to $350,000 may use up to 10 percent of
 1266  program income for administrative costs.
 1267         Section 14. Paragraph (d) of subsection (1) of section
 1268  443.091, Florida Statutes, is amended to read:
 1269         443.091 Benefit eligibility conditions.—
 1270         (1) An unemployed individual is eligible to receive
 1271  benefits for any week only if the Department of Economic
 1272  Opportunity finds that:
 1273         (d) She or he is able to work and is available for work. In
 1274  order to assess eligibility for a claimed week of unemployment,
 1275  the department shall develop criteria to determine a claimant’s
 1276  ability to work and availability for work. A claimant must be
 1277  actively seeking work in order to be considered available for
 1278  work. This means engaging in systematic and sustained efforts to
 1279  find work, including contacting at least five prospective
 1280  employers for each week of unemployment claimed. The department
 1281  may require the claimant to provide proof of such efforts to the
 1282  one-stop career center as part of reemployment services. A
 1283  claimant’s proof of work search efforts may not include the same
 1284  prospective employer at the same location in 3 consecutive
 1285  weeks, unless the employer has indicated since the time of the
 1286  initial contact that the employer is hiring. The department
 1287  shall conduct random reviews of work search information provided
 1288  by claimants. As an alternative to contacting at least five
 1289  prospective employers for any week of unemployment claimed, a
 1290  claimant may, for that same week, report in person to a one-stop
 1291  career center to meet with a representative of the center and
 1292  access reemployment services of the center. The center shall
 1293  keep a record of the services or information provided to the
 1294  claimant and shall provide the records to the department upon
 1295  request by the department. However:
 1296         1. Notwithstanding any other provision of this paragraph or
 1297  paragraphs (b) and (e), an otherwise eligible individual may not
 1298  be denied benefits for any week because she or he is in training
 1299  with the approval of the department, or by reason of s.
 1300  443.101(2) relating to failure to apply for, or refusal to
 1301  accept, suitable work. Training may be approved by the
 1302  department in accordance with criteria prescribed by rule. A
 1303  claimant’s eligibility during approved training is contingent
 1304  upon satisfying eligibility conditions prescribed by rule.
 1305         2. Notwithstanding any other provision of this chapter, an
 1306  otherwise eligible individual who is in training approved under
 1307  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1308  determined ineligible or disqualified for benefits due to
 1309  enrollment in such training or because of leaving work that is
 1310  not suitable employment to enter such training. As used in this
 1311  subparagraph, the term “suitable employment” means work of a
 1312  substantially equal or higher skill level than the worker’s past
 1313  adversely affected employment, as defined for purposes of the
 1314  Trade Act of 1974, as amended, the wages for which are at least
 1315  80 percent of the worker’s average weekly wage as determined for
 1316  purposes of the Trade Act of 1974, as amended.
 1317         3. Notwithstanding any other provision of this section, an
 1318  otherwise eligible individual may not be denied benefits for any
 1319  week because she or he is before any state or federal court
 1320  pursuant to a lawfully issued summons to appear for jury duty.
 1321         4. Union members who customarily obtain employment through
 1322  a union hiring hall may satisfy the work search requirements of
 1323  this paragraph by reporting daily to their union hall.
 1324         5. The work search requirements of this paragraph do not
 1325  apply to persons who are unemployed as a result of a temporary
 1326  layoff or who are claiming benefits under an approved short-time
 1327  compensation plan as provided in s. 443.1116.
 1328         6. In small counties as defined in s. 120.52(20) s.
 1329  120.52(19), a claimant engaging in systematic and sustained
 1330  efforts to find work must contact at least three prospective
 1331  employers for each week of unemployment claimed.
 1332         7. The work search requirements of this paragraph do not
 1333  apply to persons required to participate in reemployment
 1334  services under paragraph (e).
 1335         Section 15. This act shall take effect July 1, 2019.