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| 10 | 10 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 14 | 14 | A bill to be entitled 1 | |
| 15 | 15 | An act relating to administrative procedures; amending 2 | |
| 16 | - | s. 120.52, F.S.; defining | |
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| 21 | - | notice of proposed rule | |
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| 30 | - | notice of correction | |
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| 16 | + | s. 120.52, F.S.; defining terms; amending s. 120.54, 3 | |
| 17 | + | F.S.; applying certain provisions applicable to all 4 | |
| 18 | + | rules other than emergency rules to repromulgated 5 | |
| 19 | + | rules; requiring a notice of rule development to 6 | |
| 20 | + | include certain information; requiring a notice of 7 | |
| 21 | + | withdrawal if a notice of proposed rule is not filed 8 | |
| 22 | + | within a certain timeframe; requiring a notice of 9 | |
| 23 | + | proposed rule to include certain information; 10 | |
| 24 | + | requiring certain notices to be published within a 11 | |
| 25 | + | specified timeframe; requiring that material proposed 12 | |
| 26 | + | to be incorporated by reference be made available in a 13 | |
| 27 | + | specified manner; authorizing electronic delivery of 14 | |
| 28 | + | notices to persons who have requested advance notice 15 | |
| 29 | + | of agency rulemaking proceedings; requiring 16 | |
| 30 | + | publication of a notice of correction in certain 17 | |
| 31 | + | circumstances; providing that a notice of correction 18 | |
| 32 | + | does not affect certain timeframes; revising the 19 | |
| 33 | + | circumstances under which a proposed rule's adverse 20 | |
| 34 | + | impact on small businesses is considered to exist; 21 | |
| 35 | + | requiring an agency to provide notice of a regulatory 22 | |
| 36 | + | alternative to the Administrative Procedures Committee 23 | |
| 37 | + | before filing the rule for adoption; requiring an 24 | |
| 38 | + | agency to publish a notice of convening a separate 25 | |
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| 40 | + | CS/HB 337 2022 | |
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| 47 | 47 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 51 | + | proceeding in certain circumstances; providing that 26 | |
| 52 | + | rulemaking timelines are tolled during such separate 27 | |
| 53 | + | proceedings; requiring a notice of change for certain 28 | |
| 54 | + | changes to a statement of estimated regulatory costs; 29 | |
| 55 | + | revising the requirements for the contents of a notice 30 | |
| 56 | + | of change; requiring the committee to notify the 31 | |
| 57 | + | Department of State that the date for an agency to 32 | |
| 58 | + | adopt a rule has expired under certain circumstances; 33 | |
| 59 | + | requiring the department to publish a notice of 34 | |
| 60 | + | withdrawal under certain circumstances; requiring that 35 | |
| 61 | + | certain information be available o n the agency's 36 | |
| 62 | + | website; requiring emergency rules to be published in 37 | |
| 63 | + | the Florida Administrative Code; prohibiting agencies 38 | |
| 64 | + | from making changes to emergency rules by superseding 39 | |
| 65 | + | the rule; authorizing an agency to make technical 40 | |
| 66 | + | changes to an emergency rule during a specified 41 | |
| 67 | + | timeframe; requiring publication of a notice of the 42 | |
| 68 | + | technical change in the Florida Administrative 43 | |
| 69 | + | Register; requiring an agency to file a copy of a 44 | |
| 70 | + | certain petition with the committee; amending s. 45 | |
| 71 | + | 120.541, F.S.; requiring an agency to p rovide a copy 46 | |
| 72 | + | of any proposal for a lower cost regulatory 47 | |
| 73 | + | alternative to the committee within a certain 48 | |
| 74 | + | timeframe; specifying the circumstances under which 49 | |
| 75 | + | such a proposal is made in good faith; revising 50 | |
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| 77 | + | CS/HB 337 2022 | |
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| 84 | 84 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 88 | + | requirements for an agency's consideration of a lowe r 51 | |
| 89 | + | cost regulatory alternative; providing for an agency's 52 | |
| 90 | + | revision and publication of a revised statement of 53 | |
| 91 | + | estimated regulatory costs in response to certain 54 | |
| 92 | + | circumstances; requiring that a revised statement of 55 | |
| 93 | + | lower cost regulatory alternative be submitte d to the 56 | |
| 94 | + | rules ombudsman in the Executive Office of the 57 | |
| 95 | + | Governor and published in a specified manner; revising 58 | |
| 96 | + | the information required in a statement of estimated 59 | |
| 97 | + | regulatory cost; deleting the definition of the term 60 | |
| 98 | + | "transactional costs"; revising the app licability of 61 | |
| 99 | + | specified provisions; providing additional 62 | |
| 100 | + | requirements for the calculation of estimated 63 | |
| 101 | + | regulatory costs; requiring the department to include 64 | |
| 102 | + | specified information on a website; requiring certain 65 | |
| 103 | + | agencies to include certain information in a statement 66 | |
| 104 | + | of estimated regulatory costs and on their websites; 67 | |
| 105 | + | providing certain requirements for an agency that 68 | |
| 106 | + | revises a statement of estimated regulatory costs; 69 | |
| 107 | + | creating s. 120.5435, F.S.; providing legislative 70 | |
| 108 | + | intent; requiring agency review of rules a nd 71 | |
| 109 | + | repromulgation of rules that do not require 72 | |
| 110 | + | substantive changes within a specified timeframe; 73 | |
| 111 | + | providing that failure of an agency to meet certain 74 | |
| 112 | + | deadlines applicable to a rule required to be 75 | |
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| 114 | + | CS/HB 337 2022 | |
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| 121 | 121 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 125 | + | repromulgated constitutes the repeal of the rule; 76 | |
| 126 | + | requiring an agency to publish a notice of 77 | |
| 127 | + | repromulgation in the Florida Administrative Register 78 | |
| 128 | + | and file a rule for promulgation with the department 79 | |
| 129 | + | within a specified timeframe; requiring an agency to 80 | |
| 130 | + | file a notice of repromulgation with the committee 81 | |
| 131 | + | within a specified timeframe; providing requirements 82 | |
| 132 | + | for the notice of repromulgation; providing that a 83 | |
| 133 | + | repromulgated rule is not subject to challenge as a 84 | |
| 134 | + | proposed rule and that certain hearing requirements do 85 | |
| 135 | + | not apply; requiring an agency to file a specified 86 | |
| 136 | + | number of certified copies of a proposed repromulgated 87 | |
| 137 | + | rule and any material incorporated by reference; 88 | |
| 138 | + | providing that a rule is repromulgated upon its filing 89 | |
| 139 | + | with the department; requiring the department to 90 | |
| 140 | + | update certain information in the Florida 91 | |
| 141 | + | Administrative Code; requiring the department to adopt 92 | |
| 142 | + | rules by a certain date; amending s. 120.545, F.S.; 93 | |
| 143 | + | requiring the committee to examine existing rules; 94 | |
| 144 | + | amending s. 120.55, F.S.; requiring the Florida 95 | |
| 145 | + | Administrative Code to contain complete indexes to any 96 | |
| 146 | + | material incorporated by reference contained in the 97 | |
| 147 | + | code; requiring the Florida Administrative Code to be 98 | |
| 148 | + | published once daily and indicate certain information; 99 | |
| 149 | + | requiring material incorporated by reference to be 100 | |
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| 151 | + | CS/HB 337 2022 | |
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| 158 | 158 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 162 | + | filed in a specified manner after a certain date; 101 | |
| 163 | + | requiring the department to include the date of a 102 | |
| 164 | + | technical change in the Florida Administrative Code; 103 | |
| 165 | + | providing that a technical change does not affect the 104 | |
| 166 | + | effective date of a rule; requiring a technical change 105 | |
| 167 | + | made after rule adoption to be published as a notice 106 | |
| 168 | + | of correction; requiring specified rulemaking; 107 | |
| 169 | + | amending s. 120.74, F.S.; requiring an agency's 108 | |
| 170 | + | regulatory plan to identify and describe each rule the 109 | |
| 171 | + | agency plans to develop, adopt, or repeal during the 110 | |
| 172 | + | forthcoming year; requiring such plan to ident ify any 111 | |
| 173 | + | rules that are required to be repromulgated during the 112 | |
| 174 | + | forthcoming year and include a certain 5 -year 113 | |
| 175 | + | schedule; requiring such plan to include a list of 114 | |
| 176 | + | certain statutes and laws or parts thereof; requiring 115 | |
| 177 | + | the agency to provide such list to the Div ision of Law 116 | |
| 178 | + | Revision; requiring a certification in such plan to 117 | |
| 179 | + | make certain declarations; amending ss. 120.80, 118 | |
| 180 | + | 120.81, 420.9072, 420.9075, and 443.091, F.S.; 119 | |
| 181 | + | conforming cross-references; providing an effective 120 | |
| 182 | + | date. 121 | |
| 183 | + | 122 | |
| 184 | + | Be It Enacted by the Legislature of the State of Florida: 123 | |
| 185 | + | 124 | |
| 186 | + | Section 1. Subsections (16) through (19) and subsections 125 | |
| 187 | 187 | ||
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| 188 | + | CS/HB 337 2022 | |
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| 195 | 195 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 199 | + | (20) through (22) of section 120.52, Florida Statutes, are 126 | |
| 200 | + | renumbered as subsections (17) through (20) and subsections (22) 127 | |
| 201 | + | through (24), respectively, and new subsectio ns (16) and (21) 128 | |
| 202 | + | are added to that section to read: 129 | |
| 203 | + | 120.52 Definitions. —As used in this act: 130 | |
| 204 | + | (16) "Repromulgation" means the notice and adoption of an 131 | |
| 205 | + | existing rule following an agency's review of the rule for 132 | |
| 206 | + | consistency with the powers and duties gra nted by its enabling 133 | |
| 207 | + | statute. 134 | |
| 208 | + | (21) "Technical change" means a change limited to 135 | |
| 209 | + | correcting grammatical, typographical, or similar errors not 136 | |
| 210 | + | affecting the substance of the rule. 137 | |
| 211 | + | Section 2. Paragraph (i) of subsection (1), subsections 138 | |
| 212 | + | (2) and (3), and paragraph (a) of subsection (7) of section 139 | |
| 213 | + | 120.54, Florida Statutes, are amended, and paragraphs (e), (f), 140 | |
| 214 | + | and (g) are added to subsection (4) of that section, to read: 141 | |
| 215 | + | 120.54 Rulemaking.— 142 | |
| 216 | + | (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 143 | |
| 217 | + | EMERGENCY RULES.— 144 | |
| 218 | + | (i)1. A rule may incorporate material by reference but 145 | |
| 219 | + | only as the material exists on the date the rule is adopted. For 146 | |
| 220 | + | purposes of the rule, changes in the material are not effective 147 | |
| 221 | + | unless the rule is amended to incorporate the changes. 148 | |
| 222 | + | 2. An agency rule that incorporates by specific reference 149 | |
| 223 | + | another rule of that agency automatically incorporates 150 | |
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| 232 | 232 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 236 | + | subsequent amendments to the referenced rule unless a contrary 151 | |
| 237 | + | intent is clearly indicated in the referencing rule. A notice of 152 | |
| 238 | + | amendments to a rule that has been incorporated by specific 153 | |
| 239 | + | reference in other rules of that agency must explain the effect 154 | |
| 240 | + | of those amendments on the referencing rules. 155 | |
| 241 | + | 3. In rules adopted after December 31, 2010, and rules 156 | |
| 242 | + | repromulgated after December 31, 2022, material may not be 157 | |
| 243 | + | incorporated by reference unless: 158 | |
| 244 | + | a. The material has been submitted in the prescribed 159 | |
| 245 | + | electronic format to the Department of State and the full text 160 | |
| 246 | + | of the material can be made available for free public access 161 | |
| 247 | + | through an electronic hyper link from the rule making the 162 | |
| 248 | + | reference in the Florida Administrative Code; or 163 | |
| 249 | + | b. The agency has determined that posting the material on 164 | |
| 250 | + | the Internet for purposes of public examination and inspection 165 | |
| 251 | + | would constitute a violation of federal copyright law, in which 166 | |
| 252 | + | case a statement to that effect, along with the address of 167 | |
| 253 | + | locations at the Department of State and the agency at which the 168 | |
| 254 | + | material is available for public inspection and examination, 169 | |
| 255 | + | must be included in the notice required by subparagraph (3)(a )1. 170 | |
| 256 | + | 4. A rule may not be amended by reference only. Amendments 171 | |
| 257 | + | must set out the amended rule in full in the same manner as 172 | |
| 258 | + | required by the State Constitution for laws. 173 | |
| 259 | + | 5. Notwithstanding any contrary provision in this section, 174 | |
| 260 | + | when an adopted rule of the Department of Environmental 175 | |
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| 262 | + | CS/HB 337 2022 | |
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| 273 | + | Protection or a water management district is incorporated by 176 | |
| 274 | + | reference in the other agency's rule to implement a provision of 177 | |
| 275 | + | part IV of chapter 373, subsequent amendments to the rule are 178 | |
| 276 | + | not effective as to the incorporating rule unless the agency 179 | |
| 277 | + | incorporating by reference notifies the committee and the 180 | |
| 278 | + | Department of State of its intent to adopt the subsequent 181 | |
| 279 | + | amendment, publishes notice of such intent in the Florida 182 | |
| 280 | + | Administrative Register, and files with the Department of State 183 | |
| 281 | + | a copy of the amended rule incorporated by reference. Changes in 184 | |
| 282 | + | the rule incorporated by reference are effective as to the other 185 | |
| 283 | + | agency 20 days after the date of th e published notice and filing 186 | |
| 284 | + | with the Department of State. The Department of State shall 187 | |
| 285 | + | amend the history note of the incorporating rule to show the 188 | |
| 286 | + | effective date of such change. Any substantially affected person 189 | |
| 287 | + | may, within 14 days after the date of pu blication of the notice 190 | |
| 288 | + | of intent in the Florida Administrative Register, file an 191 | |
| 289 | + | objection to rulemaking with the agency. The objection shall 192 | |
| 290 | + | specify the portions of the rule incorporated by reference to 193 | |
| 291 | + | which the person objects and the reasons for the ob jection. The 194 | |
| 292 | + | agency shall not have the authority under this subparagraph to 195 | |
| 293 | + | adopt those portions of the rule specified in such objection. 196 | |
| 294 | + | The agency shall publish notice of the objection and of its 197 | |
| 295 | + | action in response in the next available issue of the Flor ida 198 | |
| 296 | + | Administrative Register. 199 | |
| 297 | + | 6. The Department of State may adopt by rule requirements 200 | |
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| 310 | + | for incorporating materials pursuant to this paragraph. 201 | |
| 311 | + | (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 202 | |
| 312 | + | (a)1. Except when the intended action is the repea l of a 203 | |
| 313 | + | rule, agencies shall provide notice of the development of 204 | |
| 314 | + | proposed rules by publication of a notice of rule development in 205 | |
| 315 | + | the Florida Administrative Register before providing notice of a 206 | |
| 316 | + | proposed rule as required by paragraph (3)(a). The notice of 207 | |
| 317 | + | rule development must shall indicate the subject area to be 208 | |
| 318 | + | addressed by rule development, provide a short, plain 209 | |
| 319 | + | explanation of the purpose and effect of the proposed rule, cite 210 | |
| 320 | + | the grant of rulemaking authority for the proposed rule and the 211 | |
| 321 | + | law being implemented specific legal authority for the proposed 212 | |
| 322 | + | rule, and include the proposed rule number and the preliminary 213 | |
| 323 | + | text of the proposed rule rules, if available, or a statement of 214 | |
| 324 | + | how a person may promptly obtain, without cost, a copy of any 215 | |
| 325 | + | preliminary draft, when if available. 216 | |
| 326 | + | 2. If a notice of a proposed rule is not filed within 12 217 | |
| 327 | + | months after the notice of rule development, the agency shall 218 | |
| 328 | + | withdraw the rule and give notice of the withdrawal in the next 219 | |
| 329 | + | available issue of the Florida Administrative Re gister. 220 | |
| 330 | + | (b) All rules should be drafted in readable language. The 221 | |
| 331 | + | language is readable if: 222 | |
| 332 | + | 1. It avoids the use of obscure words and unnecessarily 223 | |
| 333 | + | long or complicated constructions; and 224 | |
| 334 | + | 2. It avoids the use of unnecessary technical or 225 | |
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| 336 | + | CS/HB 337 2022 | |
| 337 | 337 | ||
| 338 | 338 | ||
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| 343 | 343 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 347 | + | specialized language that is understood only by members of 226 | |
| 348 | + | particular trades or professions. 227 | |
| 349 | + | (c) An agency may hold public workshops for purposes of 228 | |
| 350 | + | rule development. If requested in writing by any affected 229 | |
| 351 | + | person, an agency must hold public workshops, including 230 | |
| 352 | + | workshops in various regions of the state or the agency's 231 | |
| 353 | + | service area, for purposes of rule development if requested in 232 | |
| 354 | + | writing by any affected person , unless the agency head explains 233 | |
| 355 | + | in writing why a workshop is unnecessary. The explanation is not 234 | |
| 356 | + | final agency action subject to review pursuant to ss. 120.569 235 | |
| 357 | + | and 120.57. The failure to provide the explanation when required 236 | |
| 358 | + | may be a material error in procedure pursuant to s. 237 | |
| 359 | + | 120.56(1)(c). When a workshop or public hearing is held, the 238 | |
| 360 | + | agency must ensure that the persons responsible for preparing 239 | |
| 361 | + | the proposed rule are available to explain the agency's proposal 240 | |
| 362 | + | and to respond to questions or comments regarding the rule being 241 | |
| 363 | + | developed. The workshop may be facilitated or mediated by a 242 | |
| 364 | + | neutral third person, or the age ncy may employ other types of 243 | |
| 365 | + | dispute resolution alternatives for the workshop that are 244 | |
| 366 | + | appropriate for rule development. Notice of a workshop for rule 245 | |
| 367 | + | development must workshop shall be by publication in the Florida 246 | |
| 368 | + | Administrative Register not fewer less than 14 days before prior 247 | |
| 369 | + | to the date on which the workshop is scheduled to be held and 248 | |
| 370 | + | must shall indicate the subject area that which will be 249 | |
| 371 | + | addressed; the agency contact person; and the place, date, and 250 | |
| 372 | 372 | ||
| 373 | - | ||
| 373 | + | CS/HB 337 2022 | |
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| 375 | 375 | ||
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| 380 | 380 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 384 | + | time of the workshop. 251 | |
| 385 | + | (d)1. An agency may use n egotiated rulemaking in 252 | |
| 386 | + | developing and adopting rules. The agency should consider the 253 | |
| 387 | + | use of negotiated rulemaking when complex rules are being 254 | |
| 388 | + | drafted or strong opposition to the rules is anticipated. The 255 | |
| 389 | + | agency should consider, but is not limited to cons idering, 256 | |
| 390 | + | whether a balanced committee of interested persons who will 257 | |
| 391 | + | negotiate in good faith can be assembled, whether the agency is 258 | |
| 392 | + | willing to support the work of the negotiating committee, and 259 | |
| 393 | + | whether the agency can use the group consensus as the basis f or 260 | |
| 394 | + | its proposed rule. Negotiated rulemaking uses a committee of 261 | |
| 395 | + | designated representatives to draft a mutually acceptable 262 | |
| 396 | + | proposed rule. 263 | |
| 397 | + | 2. An agency that chooses to use the negotiated rulemaking 264 | |
| 398 | + | process described in this paragraph shall publish in the F lorida 265 | |
| 399 | + | Administrative Register a notice of negotiated rulemaking that 266 | |
| 400 | + | includes a listing of the representative groups that will be 267 | |
| 401 | + | invited to participate in the negotiated rulemaking process. Any 268 | |
| 402 | + | person who believes that his or her interest is not adequate ly 269 | |
| 403 | + | represented may apply to participate within 30 days after 270 | |
| 404 | + | publication of the notice. All meetings of the negotiating 271 | |
| 405 | + | committee shall be noticed and open to the public pursuant to 272 | |
| 406 | + | the provisions of this chapter. The negotiating committee shall 273 | |
| 407 | + | be chaired by a neutral facilitator or mediator. 274 | |
| 408 | + | 3. The agency's decision to use negotiated rulemaking, its 275 | |
| 409 | 409 | ||
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| 410 | + | CS/HB 337 2022 | |
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| 421 | + | selection of the representative groups, and approval or denial 276 | |
| 422 | + | of an application to participate in the negotiated rulemaking 277 | |
| 423 | + | process are not agency action. Nothing in This subparagraph is 278 | |
| 424 | + | not intended to affect the rights of a substantially an affected 279 | |
| 425 | + | person to challenge a proposed rule developed under this 280 | |
| 426 | + | paragraph in accordance with s. 120.56(2). 281 | |
| 427 | + | (3) ADOPTION PROCEDURES. — 282 | |
| 428 | + | (a) Notices.— 283 | |
| 429 | + | 1. Before Prior to the adoption, amendment, or repeal of 284 | |
| 430 | + | any rule other than an emergency rule, an agency, upon approval 285 | |
| 431 | + | of the agency head, shall give notice of its intended action, 286 | |
| 432 | + | setting forth a short, plain explanation of the purpose and 287 | |
| 433 | + | effect of the proposed act ion; the proposed rule number and the 288 | |
| 434 | + | full text of the proposed rule or amendment and a summary 289 | |
| 435 | + | thereof; a reference to the grant of rulemaking authority 290 | |
| 436 | + | pursuant to which the rule is adopted; and a reference to the 291 | |
| 437 | + | section or subsection of the Florida Sta tutes or the Laws of 292 | |
| 438 | + | Florida being implemented or interpreted. The notice must 293 | |
| 439 | + | include a summary of the agency's statement of the estimated 294 | |
| 440 | + | regulatory costs, if one has been prepared, based on the factors 295 | |
| 441 | + | set forth in s. 120.541(2) , which describes the reg ulatory 296 | |
| 442 | + | impact of the proposed rule in readable language; an agency 297 | |
| 443 | + | website address where the statement of estimated regulatory 298 | |
| 444 | + | costs can be viewed in its entirety, if one has been prepared ; a 299 | |
| 445 | + | statement that any person who wishes to provide the agency with 300 | |
| 446 | 446 | ||
| 447 | - | ||
| 447 | + | CS/HB 337 2022 | |
| 448 | 448 | ||
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| 458 | + | information regarding the statement of estimated regulatory 301 | |
| 459 | + | costs, or to provide a proposal for a lower cost regulatory 302 | |
| 460 | + | alternative as provided by s. 120.541(1), must do so in writing 303 | |
| 461 | + | within 21 days after publication of the notice; and a statement 304 | |
| 462 | + | as to whether, based on the statement of the estimated 305 | |
| 463 | + | regulatory costs or other information expressly relied upon and 306 | |
| 464 | + | described by the agency if no statement of regulatory costs is 307 | |
| 465 | + | required, the proposed rule is expected to require legislative 308 | |
| 466 | + | ratification pursuant to s. 120.541(3). The notice must state 309 | |
| 467 | + | the procedure for requesting a public hearing on the proposed 310 | |
| 468 | + | rule. Except when the intended action is the repeal of a rule, 311 | |
| 469 | + | the notice must include a reference both to the date on which 312 | |
| 470 | + | and to the place where th e notice of rule development that is 313 | |
| 471 | + | required by subsection (2) appeared. 314 | |
| 472 | + | 2. The notice shall be published in the Florida 315 | |
| 473 | + | Administrative Register for at least 7 days after the 316 | |
| 474 | + | publication of the notice of rule development and at least not 317 | |
| 475 | + | less than 28 days before prior to the intended action. The 318 | |
| 476 | + | proposed rule, including all materials proposed to be 319 | |
| 477 | + | incorporated by reference and the statement of estimated 320 | |
| 478 | + | regulatory costs, if one has been prepared, must shall be 321 | |
| 479 | + | available for inspection and copying by the public at the time 322 | |
| 480 | + | of the publication of notice. After December 31, 2022, material 323 | |
| 481 | + | proposed to be incorporated by reference in the notice required 324 | |
| 482 | + | by this paragraph must be made available in the manner 325 | |
| 483 | 483 | ||
| 484 | - | ||
| 484 | + | CS/HB 337 2022 | |
| 485 | 485 | ||
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| 495 | + | prescribed by sub-subparagraph (1)(i)3.a. or sub -subparagraph 326 | |
| 496 | + | (1)(i)3.b. 327 | |
| 497 | + | 3. The notice shall be mailed to all persons named in the 328 | |
| 498 | + | proposed rule and mailed or delivered electronically to all 329 | |
| 499 | + | persons who, at least 14 days before publication of the notice 330 | |
| 500 | + | prior to such mailing, have made requests of the agency for 331 | |
| 501 | + | advance notice of its proceedings. The agency shall also give 332 | |
| 502 | + | such notice as is prescribed by rule to those particular classes 333 | |
| 503 | + | of persons to whom the intended action is directed. 334 | |
| 504 | + | 4. The adopting agenc y shall file with the committee, at 335 | |
| 505 | + | least 21 days before prior to the proposed adoption date, a copy 336 | |
| 506 | + | of each rule it proposes to adopt; a copy of any material 337 | |
| 507 | + | incorporated by reference in the rule; a detailed written 338 | |
| 508 | + | statement of the facts and circumstance s justifying the proposed 339 | |
| 509 | + | rule; a copy of any statement of estimated regulatory costs that 340 | |
| 510 | + | has been prepared pursuant to s. 120.541; a statement of the 341 | |
| 511 | + | extent to which the proposed rule relates to federal standards 342 | |
| 512 | + | or rules on the same subject; and the not ice required by 343 | |
| 513 | + | subparagraph 1. 344 | |
| 514 | + | 5. If any of the information, other than substantive 345 | |
| 515 | + | changes to the rule text, which is required to be included in 346 | |
| 516 | + | the notice required by subparagraph 1., is omitted or is 347 | |
| 517 | + | incorrect, the agency must publish a notice of cor rection. A 348 | |
| 518 | + | notice of correction does not affect the timeframes for filing 349 | |
| 519 | + | the rule for adoption as set forth in paragraph (e). Technical 350 | |
| 520 | 520 | ||
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| 521 | + | CS/HB 337 2022 | |
| 522 | 522 | ||
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| 532 | + | changes are not required to be published as a notice of 351 | |
| 533 | + | correction. 352 | |
| 534 | + | (b) Special matters to be considered in rule adop tion.— 353 | |
| 535 | + | 1. Statement of estimated regulatory costs. —Before the 354 | |
| 536 | + | adoption , amendment, or repeal of any rule other than an 355 | |
| 537 | + | emergency rule, an agency is encouraged to prepare a statement 356 | |
| 538 | + | of estimated regulatory costs of the proposed rule, as provided 357 | |
| 539 | + | by s. 120.541. However, an agency must prepare a statement of 358 | |
| 540 | + | estimated regulatory costs of the proposed rule, as provided by 359 | |
| 541 | + | s. 120.541, if: 360 | |
| 542 | + | a. The proposed rule will have an adverse impact on small 361 | |
| 543 | + | business; or 362 | |
| 544 | + | b. The proposed rule is likely to directly or indirectly 363 | |
| 545 | + | increase regulatory costs in excess of $200,000 in the aggregate 364 | |
| 546 | + | in this state within 1 year after the implementation of the 365 | |
| 547 | + | rule. 366 | |
| 548 | + | 2. Small businesses, small counties, and small cities. — 367 | |
| 549 | + | a. For purposes of this subsection and s. 120.541(2), an 368 | |
| 550 | + | adverse impact on small businesses, as defined in s. 288.703 or 369 | |
| 551 | + | sub-subparagraph b., exists if, for any small business: 370 | |
| 552 | + | (I) An owner, officer, operator, or manager must complete 371 | |
| 553 | + | any education, training, or testing to comply with the rule in 372 | |
| 554 | + | the first year or is likely to spend at least 10 hours or 373 | |
| 555 | + | purchase professional advice to understand and comply with the 374 | |
| 556 | + | rule in the first year; 375 | |
| 557 | 557 | ||
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| 558 | + | CS/HB 337 2022 | |
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| 569 | + | (II) Taxes or fees assessed on transactions are likely to 376 | |
| 570 | + | increase by $500 or more in the aggregate in 1 year because o f 377 | |
| 571 | + | the rule; 378 | |
| 572 | + | (III) Prices charged for goods and services are restricted 379 | |
| 573 | + | or are likely to increase because of the rule; 380 | |
| 574 | + | (IV) Specially trained, licensed, or tested employees will 381 | |
| 575 | + | be required because of the rule; 382 | |
| 576 | + | (V) Operating costs are expected to increase by at least 383 | |
| 577 | + | $1,000 annually because of the rule; or 384 | |
| 578 | + | (VI) Capital expenditures in excess of $1,000 are 385 | |
| 579 | + | necessary to comply with the rule. 386 | |
| 580 | + | b. Each agency, before the adoption, amendment, or repeal 387 | |
| 581 | + | of a rule, shall consider the impact of the rule on small 388 | |
| 582 | + | businesses as defined in by s. 288.703 and the impact of the 389 | |
| 583 | + | rule on small counties or small cities as defined in by s. 390 | |
| 584 | + | 120.52. Whenever practicable, an agency shall tier its rules to 391 | |
| 585 | + | reduce disproportionate impacts on small businesses, small 392 | |
| 586 | + | counties, or small cities to avoid regulating small businesses, 393 | |
| 587 | + | small counties, or small cities that do not contribute 394 | |
| 588 | + | significantly to the problem the rule is designed to address. An 395 | |
| 589 | + | agency may define "small business" to include businesses 396 | |
| 590 | + | employing more than 200 persons, may define "small county" to 397 | |
| 591 | + | include those with populations of more than 75,000, and may 398 | |
| 592 | + | define "small city" to include those with populations of more 399 | |
| 593 | + | than 10,000, if it finds that such a definition is necessary to 400 | |
| 594 | 594 | ||
| 595 | - | ||
| 595 | + | CS/HB 337 2022 | |
| 596 | 596 | ||
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| 606 | + | adapt a rule to the needs and problems of small businesses, 401 | |
| 607 | + | small counties, or small cities. The agency shall consider each 402 | |
| 608 | + | of the following methods for reducing the impact of the proposed 403 | |
| 609 | + | rule on small businesses, small counties, and small cities, or 404 | |
| 610 | + | any combination of these entit ies: 405 | |
| 611 | + | (I) Establishing less stringent compliance or reporting 406 | |
| 612 | + | requirements in the rule. 407 | |
| 613 | + | (II) Establishing less stringent schedules or deadlines in 408 | |
| 614 | + | the rule for compliance or reporting requirements. 409 | |
| 615 | + | (III) Consolidating or simplifying the rule's complia nce 410 | |
| 616 | + | or reporting requirements. 411 | |
| 617 | + | (IV) Establishing performance standards or best management 412 | |
| 618 | + | practices to replace design or operational standards in the 413 | |
| 619 | + | rule. 414 | |
| 620 | + | (V) Exempting small businesses, small counties, or small 415 | |
| 621 | + | cities from any or all requirements of the rule. 416 | |
| 622 | + | c.(I)b.(I) If the agency determines that the proposed 417 | |
| 623 | + | action will affect small businesses as defined by the agency as 418 | |
| 624 | + | provided in sub-subparagraph b. a., the agency shall send 419 | |
| 625 | + | written notice of the rule to the rules ombudsman in the 420 | |
| 626 | + | Executive Office of the Governor at least 28 days before the 421 | |
| 627 | + | intended action. 422 | |
| 628 | + | (II) Each agency shall adopt those regulatory alternatives 423 | |
| 629 | + | offered by the rules ombudsman in the Executive Office of the 424 | |
| 630 | + | Governor and provided to the agency no later than 21 days after 425 | |
| 631 | 631 | ||
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| 632 | + | CS/HB 337 2022 | |
| 633 | 633 | ||
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| 643 | + | the rules ombudsman's receipt of the written notice of the rule 426 | |
| 644 | + | which it finds are feasible and consistent with the stated 427 | |
| 645 | + | objectives of the proposed rule and which would reduce the 428 | |
| 646 | + | impact on small businesses. When regulatory alternatives are 429 | |
| 647 | + | offered by the rules ombudsman in the Executive Office of the 430 | |
| 648 | + | Governor, the 90-day period for filing the rule in subparagraph 431 | |
| 649 | + | (e)2. is extended for a period of 21 days. Before filing the 432 | |
| 650 | + | rule for adoption, the agency shall provide a copy of any 433 | |
| 651 | + | regulatory alternative off ered to the agency to the committee. 434 | |
| 652 | + | (III) If an agency does not adopt all alternatives offered 435 | |
| 653 | + | pursuant to this sub -subparagraph, it shall, before rule 436 | |
| 654 | + | adoption or amendment and pursuant to subparagraph (d)1., file a 437 | |
| 655 | + | detailed written statement with the committee explaining the 438 | |
| 656 | + | reasons for failure to adopt such alternatives. Within 3 working 439 | |
| 657 | + | days after the filing of such notice, the agency shall send a 440 | |
| 658 | + | copy of such notice to the rules ombudsman in the Executive 441 | |
| 659 | + | Office of the Governor. 442 | |
| 660 | + | (c) Hearings.— 443 | |
| 661 | + | 1. If the intended action concerns any rule other than one 444 | |
| 662 | + | relating exclusively to procedure or practice, the agency shall, 445 | |
| 663 | + | on the request of any affected person received within 21 days 446 | |
| 664 | + | after the date of publication of the notice of intended agency 447 | |
| 665 | + | action, give affected persons an opportunity to present evidence 448 | |
| 666 | + | and argument on all issues under consideration. The agency may 449 | |
| 667 | + | schedule a public hearing on the proposed rule and, if requested 450 | |
| 668 | 668 | ||
| 669 | - | ||
| 669 | + | CS/HB 337 2022 | |
| 670 | 670 | ||
| 671 | 671 | ||
| 672 | 672 | ||
| 673 | 673 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 693 | - | publication | |
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| 700 | - | ||
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| 680 | + | by any affected person, shall schedule a public hearing on the 451 | |
| 681 | + | proposed rule. When a public hearing is held, the agency must 452 | |
| 682 | + | ensure that staff are available to explain the agency's proposal 453 | |
| 683 | + | and to respond to questions or comments regarding the proposed 454 | |
| 684 | + | rule. If the agency head is a board or other collegial body 455 | |
| 685 | + | created under s. 20.165(4) or s. 20.43(3)(g), and one or more 456 | |
| 686 | + | requested public hearings is scheduled, the board or other 457 | |
| 687 | + | collegial body shall conduct at least one of the public hearings 458 | |
| 688 | + | itself and may not delegate this responsibility without the 459 | |
| 689 | + | consent of those persons requesting the public hearing. Any 460 | |
| 690 | + | material pertinent to the issues under consideration submitted 461 | |
| 691 | + | to the agency within 21 days after the date of publication of 462 | |
| 692 | + | the notice or submitted to the agency between the date of 463 | |
| 693 | + | publication of the notice and the end of the final public 464 | |
| 694 | + | hearing shall be considered by the agency and made a part of the 465 | |
| 695 | + | record of the rulemaking proceeding. 466 | |
| 696 | + | 2. Rulemaking proceedings shall be governed solely by the 467 | |
| 697 | + | provisions of this section unless a person timely asserts that 468 | |
| 698 | + | the person's substantial interests will be affected in the 469 | |
| 699 | + | proceeding and affirmatively demonstrates to the agency that the 470 | |
| 700 | + | proceeding does not provide adequate opportunity to protect 471 | |
| 701 | + | those interests. If the agency determines that the rulemaking 472 | |
| 702 | + | proceeding is not ad equate to protect the person's interests, it 473 | |
| 703 | + | shall suspend the rulemaking proceeding and convene a separate 474 | |
| 704 | + | proceeding under the provisions of ss. 120.569 and 120.57. The 475 | |
| 705 | 705 | ||
| 706 | - | ||
| 706 | + | CS/HB 337 2022 | |
| 707 | 707 | ||
| 708 | 708 | ||
| 709 | 709 | ||
| 710 | 710 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 712 | - | Page 20 of | |
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| 727 | - | or | |
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| 737 | - | to | |
| 738 | - | ||
| 739 | - | ||
| 740 | - | ||
| 741 | - | ||
| 717 | + | agency shall publish notice of convening a separate proceeding 476 | |
| 718 | + | in the Florida Adminis trative Register. Similarly situated 477 | |
| 719 | + | persons may be requested to join and participate in the separate 478 | |
| 720 | + | proceeding. Upon conclusion of the separate proceeding, the 479 | |
| 721 | + | rulemaking proceeding shall be resumed. All timelines in this 480 | |
| 722 | + | section are tolled during any su spension of the rulemaking 481 | |
| 723 | + | proceeding under this subparagraph, beginning on the date the 482 | |
| 724 | + | notice of convening a separate proceeding is published and 483 | |
| 725 | + | resuming on the day after the conclusion of the separate 484 | |
| 726 | + | proceeding. 485 | |
| 727 | + | (d) Modification or withdrawal of pro posed rules.— 486 | |
| 728 | + | 1. After the final public hearing on the proposed rule, or 487 | |
| 729 | + | after the time for requesting a hearing has expired, if the 488 | |
| 730 | + | proposed rule has not been changed from the proposed rule as 489 | |
| 731 | + | previously filed with the committee, or contains only techni cal 490 | |
| 732 | + | changes, the adopting agency shall file a notice to that effect 491 | |
| 733 | + | with the committee at least 7 days before prior to filing the 492 | |
| 734 | + | proposed rule for adoption. Any change, other than a technical 493 | |
| 735 | + | change that does not affect the substance of the rule , must be 494 | |
| 736 | + | supported by the record of public hearings held on the proposed 495 | |
| 737 | + | rule, must be in response to written material submitted to the 496 | |
| 738 | + | agency within 21 days after the date of publication of the 497 | |
| 739 | + | notice of intended agency action or submitted to the agency 498 | |
| 740 | + | between the date of publication of the notice and the end of the 499 | |
| 741 | + | final public hearing, or must be in response to a proposed 500 | |
| 742 | 742 | ||
| 743 | - | ||
| 743 | + | CS/HB 337 2022 | |
| 744 | 744 | ||
| 745 | 745 | ||
| 746 | 746 | ||
| 747 | 747 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 750 | 750 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 777 | - | ||
| 778 | - | ||
| 754 | + | objection by the committee. Any change, other than a technical 501 | |
| 755 | + | change, to a statement of estimated regulatory costs requires a 502 | |
| 756 | + | notice of change. In addition, when any change, other than a 503 | |
| 757 | + | technical change, to the text of is made in a proposed rule or 504 | |
| 758 | + | any material incorporated by reference requires , other than a 505 | |
| 759 | + | technical change, the adopting agency to shall provide a copy of 506 | |
| 760 | + | a notice of change by certified mail or actual delivery to any 507 | |
| 761 | + | person who requests it in writing no later than 21 days after 508 | |
| 762 | + | the notice required in paragraph (a). The agency shall file the 509 | |
| 763 | + | notice of change with the committee, along with the reasons for 510 | |
| 764 | + | the change, and provide the notice of change to persons 511 | |
| 765 | + | requesting it, at least 21 days before prior to filing the 512 | |
| 766 | + | proposed rule for adoption. The notice of change shall be 513 | |
| 767 | + | published in the Florida Administrative Register at least 21 514 | |
| 768 | + | days before prior to filing the proposed rule for adoption. The 515 | |
| 769 | + | notice of change must include a summary of any revision to a 516 | |
| 770 | + | statement of estimated regulatory costs required by s. 517 | |
| 771 | + | 120.541(1)(c). This subparagraph does not apply to emergency 518 | |
| 772 | + | rules adopted pursuan t to subsection (4). After December 31, 519 | |
| 773 | + | 2022, material proposed to be incorporated by reference in the 520 | |
| 774 | + | notice required by this paragraph must be made available in the 521 | |
| 775 | + | manner prescribed by sub -subparagraph (1)(i)3.a. or sub -522 | |
| 776 | + | subparagraph (1)(i)3.b. 523 | |
| 777 | + | 2. After the notice required by paragraph (a) and before 524 | |
| 778 | + | prior to adoption, the agency may withdraw the proposed rule in 525 | |
| 779 | 779 | ||
| 780 | - | ||
| 780 | + | CS/HB 337 2022 | |
| 781 | 781 | ||
| 782 | 782 | ||
| 783 | 783 | ||
| 784 | 784 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 786 | - | Page 22 of | |
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| 786 | + | Page 22 of 53 | |
| 787 | 787 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 798 | - | ||
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| 800 | - | the Department of State | |
| 801 | - | ||
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| 814 | - | ||
| 815 | - | 550 | |
| 791 | + | whole or in part. 526 | |
| 792 | + | 3. After the notice required by paragraph (a), the agency 527 | |
| 793 | + | shall withdraw the proposed rule if the agency has failed to 528 | |
| 794 | + | adopt it within the prescribed timeframes in this chapter. The 529 | |
| 795 | + | committee shall notify the agency that it has exceeded the 530 | |
| 796 | + | timeframe to adopt the proposed rule. If, 30 days after notice 531 | |
| 797 | + | by the committee, the agency has not given notice of the 532 | |
| 798 | + | withdrawal of the rule, the committee shall notify the 533 | |
| 799 | + | Department of State that the date for adoption of the rule has 534 | |
| 800 | + | expired, and the Department of State shall publish a notice of 535 | |
| 801 | + | withdrawal of the proposed rule. 536 | |
| 802 | + | 4.3. After adoption and before the rule becomes effective , 537 | |
| 803 | + | a rule may be modified or withdrawn only in the following 538 | |
| 804 | + | circumstances: 539 | |
| 805 | + | a. When the committee objects to the rule; 540 | |
| 806 | + | b. When a final order, which is not subject to further 541 | |
| 807 | + | appeal, is entered in a rule challenge brought pursuant to s. 542 | |
| 808 | + | 120.56 after the date of adoption but before the rule becomes 543 | |
| 809 | + | effective pursuant to subparagraph (e)6.; 544 | |
| 810 | + | c. If the rule requires ratification, when more than 90 545 | |
| 811 | + | days have passed since the rule was filed for adoption without 546 | |
| 812 | + | the Legislature ratifying the rule, in which cas e the rule may 547 | |
| 813 | + | be withdrawn but may not be modified; or 548 | |
| 814 | + | d. When the committee notifies the agency that an 549 | |
| 815 | + | objection to the rule is being considered, in which case the 550 | |
| 816 | 816 | ||
| 817 | - | ||
| 817 | + | CS/HB 337 2022 | |
| 818 | 818 | ||
| 819 | 819 | ||
| 820 | 820 | ||
| 821 | 821 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 823 | - | Page 23 of | |
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| 824 | 824 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 850 | - | ||
| 851 | - | ||
| 852 | - | ||
| 828 | + | rule may be modified to extend the effective date by not more 551 | |
| 829 | + | than 60 days. 552 | |
| 830 | + | 5.4. The agency shall give notice of its decision to 553 | |
| 831 | + | withdraw or modify a rule in the first available issue of the 554 | |
| 832 | + | publication in which the original notice of rulemaking was 555 | |
| 833 | + | published, shall notify those persons described in subparagraph 556 | |
| 834 | + | (a)3. in accordance with th e requirements of that subparagraph, 557 | |
| 835 | + | and shall notify the Department of State if the rule is required 558 | |
| 836 | + | to be filed with the Department of State. 559 | |
| 837 | + | 6.5. After a rule has become effective, it may be repealed 560 | |
| 838 | + | or amended only through the rulemaking procedures s pecified in 561 | |
| 839 | + | this chapter. 562 | |
| 840 | + | (e) Filing for final adoption; effective date. — 563 | |
| 841 | + | 1. If the adopting agency is required to publish its rules 564 | |
| 842 | + | in the Florida Administrative Code, the agency, upon approval of 565 | |
| 843 | + | the agency head, shall file with the Department of Sta te three 566 | |
| 844 | + | certified copies of the rule it proposes to adopt; one copy of 567 | |
| 845 | + | any material incorporated by reference in the rule, certified by 568 | |
| 846 | + | the agency; a summary of the rule; a summary of any hearings 569 | |
| 847 | + | held on the rule; and a detailed written statement of the facts 570 | |
| 848 | + | and circumstances justifying the rule. Agencies not required to 571 | |
| 849 | + | publish their rules in the Florida Administrative Code shall 572 | |
| 850 | + | file one certified copy of the proposed rule, and the other 573 | |
| 851 | + | material required by this subparagraph, in the office of the 574 | |
| 852 | + | agency head, and such rules shall be open to the public. 575 | |
| 853 | 853 | ||
| 854 | - | ||
| 854 | + | CS/HB 337 2022 | |
| 855 | 855 | ||
| 856 | 856 | ||
| 857 | 857 | ||
| 858 | 858 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 860 | - | Page 24 of | |
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| 861 | 861 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 883 | - | submitted | |
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| 887 | - | ||
| 888 | - | ||
| 889 | - | ||
| 865 | + | 2. A rule may not be filed for adoption less than 28 days 576 | |
| 866 | + | or more than 90 days after the notice required by paragraph (a), 577 | |
| 867 | + | until 21 days after the notice of change required by paragraph 578 | |
| 868 | + | (d), until 14 days after the final public hearing, until 21 days 579 | |
| 869 | + | after a statement of estimated regulatory costs required under 580 | |
| 870 | + | s. 120.541 has been provided to all persons who submitted a 581 | |
| 871 | + | lower cost regulatory alternative and made available to the 582 | |
| 872 | + | public at a readily accessible page on the agency's website , or 583 | |
| 873 | + | until the administrative law judge has rendered a decision under 584 | |
| 874 | + | s. 120.56(2), whichever applies. When a required notice of 585 | |
| 875 | + | change is published before prior to the expiration of the time 586 | |
| 876 | + | to file the rule for adoptio n, the period during which a rule 587 | |
| 877 | + | must be filed for adoption is extended to 45 days after the date 588 | |
| 878 | + | of publication. If notice of a public hearing is published 589 | |
| 879 | + | before prior to the expiration of the time to file the rule for 590 | |
| 880 | + | adoption, the period during which a rule must be filed for 591 | |
| 881 | + | adoption is extended to 45 days after adjournment of the final 592 | |
| 882 | + | hearing on the rule, 21 days after receipt of all material 593 | |
| 883 | + | authorized to be submitted at the hearing, or 21 days after 594 | |
| 884 | + | receipt of the transcript, if one is made, whiche ver is latest. 595 | |
| 885 | + | The term "public hearing" includes any public meeting held by 596 | |
| 886 | + | any agency at which the rule is considered. If a petition for an 597 | |
| 887 | + | administrative determination under s. 120.56(2) is filed, the 598 | |
| 888 | + | period during which a rule must be filed for adoptio n is 599 | |
| 889 | + | extended to 60 days after the administrative law judge files the 600 | |
| 890 | 890 | ||
| 891 | - | ||
| 891 | + | CS/HB 337 2022 | |
| 892 | 892 | ||
| 893 | 893 | ||
| 894 | 894 | ||
| 895 | 895 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 897 | - | Page 25 of | |
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| 897 | + | Page 25 of 53 | |
| 898 | 898 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 922 | - | ||
| 923 | - | the | |
| 924 | - | ||
| 925 | - | ||
| 926 | - | ||
| 902 | + | final order with the clerk or until 60 days after subsequent 601 | |
| 903 | + | judicial review is complete. 602 | |
| 904 | + | 3. At the time a rule is filed, the agency shall certify 603 | |
| 905 | + | that the time limitations prescribed by this paragraph have been 604 | |
| 906 | + | complied with, that all statutory rulemaking requirements have 605 | |
| 907 | + | been met, and that there is no administrative determination 606 | |
| 908 | + | pending on the rule. 607 | |
| 909 | + | 4. At the time a rule is filed, the committee shall 608 | |
| 910 | + | certify whether the agency has responded in writing to all 609 | |
| 911 | + | material and timely written comments or written inquiries made 610 | |
| 912 | + | on behalf of the committee. The Department of State shall reject 611 | |
| 913 | + | any rule that is not filed within the prescribed time limits; 612 | |
| 914 | + | that does not comply with all statuto ry rulemaking requirements 613 | |
| 915 | + | and rules of the Department of State; upon which an agency has 614 | |
| 916 | + | not responded in writing to all material and timely written 615 | |
| 917 | + | inquiries or written comments; upon which an administrative 616 | |
| 918 | + | determination is pending; or which does not in clude a statement 617 | |
| 919 | + | of estimated regulatory costs, if required. 618 | |
| 920 | + | 5. If a rule has not been adopted within the time limits 619 | |
| 921 | + | imposed by this paragraph or has not been adopted in compliance 620 | |
| 922 | + | with all statutory rulemaking requirements, the agency proposing 621 | |
| 923 | + | the rule shall withdraw the proposed rule and give notice of its 622 | |
| 924 | + | action in the next available issue of the Florida Administrative 623 | |
| 925 | + | Register. 624 | |
| 926 | + | 6. The proposed rule shall be adopted on being filed with 625 | |
| 927 | 927 | ||
| 928 | - | ||
| 928 | + | CS/HB 337 2022 | |
| 929 | 929 | ||
| 930 | 930 | ||
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| 932 | 932 | CODING: Words stricken are deletions; words underlined are additions. | |
| 933 | - | hb0337- | |
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| 935 | 935 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 939 | - | ||
| 940 | - | ||
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| 943 | - | ||
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| 945 | - | or | |
| 946 | - | ||
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| 949 | - | ||
| 950 | - | ||
| 951 | - | ||
| 952 | - | the | |
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| 957 | - | | |
| 958 | - | ||
| 959 | - | ||
| 960 | - | ||
| 961 | - | ||
| 962 | - | | |
| 963 | - | rule | |
| 939 | + | the Department of State and become effective 20 days after bei ng 626 | |
| 940 | + | filed, on a later date specified in the notice required by 627 | |
| 941 | + | subparagraph (a)1., on a date required by statute, or upon 628 | |
| 942 | + | ratification by the Legislature pursuant to s. 120.541(3). Rules 629 | |
| 943 | + | not required to be filed with the Department of State shall 630 | |
| 944 | + | become effective when adopted by the agency head, on a later 631 | |
| 945 | + | date specified by rule or statute, or upon ratification by the 632 | |
| 946 | + | Legislature pursuant to s. 120.541(3). If the committee notifies 633 | |
| 947 | + | an agency that an objection to a rule is being considered, the 634 | |
| 948 | + | agency may postpone the adoption of the rule to accommodate 635 | |
| 949 | + | review of the rule by the committee. When an agency postpones 636 | |
| 950 | + | adoption of a rule to accommodate review by the committee, the 637 | |
| 951 | + | 90-day period for filing the rule is tolled until the committee 638 | |
| 952 | + | notifies the agency t hat it has completed its review of the 639 | |
| 953 | + | rule. 640 | |
| 954 | + | 641 | |
| 955 | + | For the purposes of this paragraph, the term "administrative 642 | |
| 956 | + | determination" does not include subsequent judicial review. 643 | |
| 957 | + | (4) EMERGENCY RULES. — 644 | |
| 958 | + | (e) Emergency rules shall be published in the Florida 645 | |
| 959 | + | Administrative Code. 646 | |
| 960 | + | (f) An agency may not supersede an emergency rule 647 | |
| 961 | + | currently in effect. 648 | |
| 962 | + | (g) An agency may make technical changes to an emergency 649 | |
| 963 | + | rule within the first 7 days after the rule is adopted and must 650 | |
| 964 | 964 | ||
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| 965 | + | CS/HB 337 2022 | |
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| 999 | - | to | |
| 1000 | - | ||
| 976 | + | publish a notice of the technical change in the Florida 651 | |
| 977 | + | Administrative Register. 652 | |
| 978 | + | (7) PETITION TO INITIATE RULEMAKING. — 653 | |
| 979 | + | (a) Any person regulated by an agency or having 654 | |
| 980 | + | substantial interest in an agency rule may petition an agency to 655 | |
| 981 | + | adopt, amend, or repeal a rule or to provide the minimum public 656 | |
| 982 | + | information required by this chapter. The petition shall specify 657 | |
| 983 | + | the proposed rule and action requested. The agency shall file a 658 | |
| 984 | + | copy of the petition with the committee. Not later than 30 659 | |
| 985 | + | calendar days following the date of filing a petition, the 660 | |
| 986 | + | agency shall initiate rulemaking proceedings under this chapter, 661 | |
| 987 | + | otherwise comply with the requested action, or deny the petition 662 | |
| 988 | + | with a written statement of its reasons for the denial. 663 | |
| 989 | + | Section 3. Section 120.541, Florida Statutes, is amended 664 | |
| 990 | + | to read: 665 | |
| 991 | + | 120.541 Statement of estimated regulatory costs. — 666 | |
| 992 | + | (1)(a) Within 21 days after publication of the notice of a 667 | |
| 993 | + | proposed rule or notice of change required under s. 668 | |
| 994 | + | 120.54(3)(a), a substantially affected person may submit to an 669 | |
| 995 | + | agency a good faith written proposal for a lower cost regulatory 670 | |
| 996 | + | alternative to a proposed rule which substantially accomplishes 671 | |
| 997 | + | the objectives of the law being implemented. The agency shall 672 | |
| 998 | + | provide a copy of any proposal for a lower cost regulatory 673 | |
| 999 | + | alternative to the committee at least 21 days b efore filing the 674 | |
| 1000 | + | rule for adoption. The proposal may include the alternative of 675 | |
| 1001 | 1001 | ||
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| 1013 | + | not adopting any rule if the proposal explains how the lower 676 | |
| 1014 | + | costs and objectives of the law will be achieved by not adopting 677 | |
| 1015 | + | any rule. If submitted after a notice of change, a proposal for 678 | |
| 1016 | + | a lower cost regulatory alternative is deemed to be made in good 679 | |
| 1017 | + | faith only if the person reasonably believes, and the proposal 680 | |
| 1018 | + | states the person's reasons for believing, that the proposed 681 | |
| 1019 | + | rule as changed by the notice of change increases the regulatory 682 | |
| 1020 | + | costs or creates an adverse impact on small businesses that was 683 | |
| 1021 | + | not created by the previous proposed rule. If such a proposal is 684 | |
| 1022 | + | submitted, the 90-day period for filing the rule is extended 21 685 | |
| 1023 | + | days. Upon the submission of the lower cost regulat ory 686 | |
| 1024 | + | alternative, the agency shall prepare a statement of estimated 687 | |
| 1025 | + | regulatory costs as provided in subsection (2), or shall revise 688 | |
| 1026 | + | its prior statement of estimated regulatory costs, and either 689 | |
| 1027 | + | adopt the alternative proposal, reject the alternative proposal , 690 | |
| 1028 | + | or modify the proposed rule to reduce the regulatory costs. If 691 | |
| 1029 | + | the agency rejects the alternative proposal or modifies the 692 | |
| 1030 | + | proposed rule, the agency shall or provide a statement of the 693 | |
| 1031 | + | reasons for rejecting the alternative in favor of the proposed 694 | |
| 1032 | + | rule. 695 | |
| 1033 | + | (b) If a proposed rule will have an adverse impact on 696 | |
| 1034 | + | small business or if the proposed rule is likely to directly or 697 | |
| 1035 | + | indirectly increase regulatory costs in excess of $200,000 in 698 | |
| 1036 | + | the aggregate within 1 year after the implementation of the 699 | |
| 1037 | + | rule, the agency shall prepare a statement of estimated 700 | |
| 1038 | 1038 | ||
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| 1039 | + | CS/HB 337 2022 | |
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| 1074 | - | ||
| 1050 | + | regulatory costs as required by s. 120.54(3)(b). 701 | |
| 1051 | + | (c) The agency shall revise a statement of estimated 702 | |
| 1052 | + | regulatory costs if any change to the rule made under s. 703 | |
| 1053 | + | 120.54(3)(d) increases the regulatory costs of the ru le or if 704 | |
| 1054 | + | the rule is modified in response to the submission of a lower 705 | |
| 1055 | + | cost regulatory alternative. A summary of the revised statement 706 | |
| 1056 | + | must be included with any subsequent notice published under s. 707 | |
| 1057 | + | 120.54(3). 708 | |
| 1058 | + | (d) At least 21 days before filing the proposed rule for 709 | |
| 1059 | + | adoption, an agency that is required to revise a statement of 710 | |
| 1060 | + | estimated regulatory costs shall provide the statement to the 711 | |
| 1061 | + | person who submitted the lower cost regulatory alternative , to 712 | |
| 1062 | + | the rules ombudsman in the Executive Office of the Govern or, and 713 | |
| 1063 | + | to the committee. The revised statement shall be published and 714 | |
| 1064 | + | made available in the same manner as the original statement of 715 | |
| 1065 | + | estimated regulatory costs and shall provide notice on the 716 | |
| 1066 | + | agency's website that it is available to the public . 717 | |
| 1067 | + | (e) Notwithstanding s. 120.56(1)(c), the failure of the 718 | |
| 1068 | + | agency to prepare and publish a statement of estimated 719 | |
| 1069 | + | regulatory costs or to respond to a written lower cost 720 | |
| 1070 | + | regulatory alternative as provided in this subsection is a 721 | |
| 1071 | + | material failure to follow the applicable rulemaking procedures 722 | |
| 1072 | + | or requirements set forth in this chapter. 723 | |
| 1073 | + | (f) An agency's failure to prepare and publish a statement 724 | |
| 1074 | + | of estimated regulatory costs or to respond to a written lower 725 | |
| 1075 | 1075 | ||
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| 1087 | + | cost regulatory alternative may not be raised in a proceeding 726 | |
| 1088 | + | challenging the validity of a rule pursuant to s. 120.52(8)(a) 727 | |
| 1089 | + | unless: 728 | |
| 1090 | + | 1. Raised in a petition filed no later than 1 year after 729 | |
| 1091 | + | the effective date of the rule; and 730 | |
| 1092 | + | 2. Raised by a person whose substantial interests are 731 | |
| 1093 | + | affected by the rule's regulatory costs. 732 | |
| 1094 | + | (g) A rule that is challenged pursuant to s. 120.52(8)(f) 733 | |
| 1095 | + | may not be declared invalid unless: 734 | |
| 1096 | + | 1. The issue is raised in an administrative proceeding 735 | |
| 1097 | + | within 1 year after the effective date of the rule; 736 | |
| 1098 | + | 2. The challenge is to the agency's rejection of a lower 737 | |
| 1099 | + | cost regulatory alternative offered under paragraph (a) or s. 738 | |
| 1100 | + | 120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and 739 | |
| 1101 | + | 3. The substantial interests of the person challenging the 740 | |
| 1102 | + | rule are materially affected by the rejection. 741 | |
| 1103 | + | (2) A statement of estimated regulatory costs must shall 742 | |
| 1104 | + | include: 743 | |
| 1105 | + | (a) An economic analysis showing wheth er the rule directly 744 | |
| 1106 | + | or indirectly: 745 | |
| 1107 | + | 1. Is likely to have an adverse impact on economic growth, 746 | |
| 1108 | + | private sector job creation or employment, or private sector 747 | |
| 1109 | + | investment in excess of $1 million in the aggregate within 5 748 | |
| 1110 | + | years after the implementation of the rule; 749 | |
| 1111 | + | 2. Is likely to have an adverse impact on business 750 | |
| 1112 | 1112 | ||
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| 1113 | + | CS/HB 337 2022 | |
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| 1124 | + | competitiveness, including the ability of persons doing business 751 | |
| 1125 | + | in the state to compete with persons doing business in other 752 | |
| 1126 | + | states or domestic markets, productivity, or innovation in 753 | |
| 1127 | + | excess of $1 million in the aggregate within 5 years after the 754 | |
| 1128 | + | implementation of the rule; or 755 | |
| 1129 | + | 3. Is likely to increase regulatory costs, including all 756 | |
| 1130 | + | any transactional costs and impacts estimated in the statement 757 | |
| 1131 | + | of estimated regulatory costs , in excess of $1 mil lion in the 758 | |
| 1132 | + | aggregate within 5 years after the implementation of the rule. 759 | |
| 1133 | + | (b) A good faith estimate of the number of individuals , 760 | |
| 1134 | + | small businesses, and other entities likely to be required to 761 | |
| 1135 | + | comply with the rule, together with a general description of the 762 | |
| 1136 | + | types of individuals likely to be affected by the rule. 763 | |
| 1137 | + | (c) A good faith estimate of the cost to the agency, and 764 | |
| 1138 | + | to any other state and local government entities, of 765 | |
| 1139 | + | implementing and enforcing the proposed rule, and any 766 | |
| 1140 | + | anticipated effect on state or local revenues. 767 | |
| 1141 | + | (d) A good faith estimate of the compliance transactional 768 | |
| 1142 | + | costs likely to be incurred by individuals and entities, 769 | |
| 1143 | + | including local government entities, required to comply with the 770 | |
| 1144 | + | requirements of the rule. As used in this section, 771 | |
| 1145 | + | "transactional costs" are direct costs that are readily 772 | |
| 1146 | + | ascertainable based upon standard business practices, and 773 | |
| 1147 | + | include filing fees, the cost of obtaining a license, the cost 774 | |
| 1148 | + | of equipment required to be installed or used or procedures 775 | |
| 1149 | 1149 | ||
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| 1185 | - | 120. | |
| 1161 | + | required to be employed i n complying with the rule, additional 776 | |
| 1162 | + | operating costs incurred, the cost of monitoring and reporting, 777 | |
| 1163 | + | and any other costs necessary to comply with the rule. 778 | |
| 1164 | + | (e) An analysis of the impact on small businesses as 779 | |
| 1165 | + | defined in by s. 288.703, and an analysis of the impact on small 780 | |
| 1166 | + | counties and small cities as defined in s. 120.52. The impact 781 | |
| 1167 | + | analysis for small businesses must include the basis for the 782 | |
| 1168 | + | agency's decision not to implement alternatives that would 783 | |
| 1169 | + | reduce adverse impacts on small businesses. 784 | |
| 1170 | + | (f) Any additional information that the agency determines 785 | |
| 1171 | + | may be useful. 786 | |
| 1172 | + | (g) In the statement or revised statement, whichever 787 | |
| 1173 | + | applies, a description of any regulatory alternatives submitted 788 | |
| 1174 | + | under paragraph (1)(a) and a statement adopting the alternative 789 | |
| 1175 | + | or a statement of the reasons for rejecting the alternative in 790 | |
| 1176 | + | favor of the proposed rule. 791 | |
| 1177 | + | (3) If the adverse impact or regulatory costs of the rule 792 | |
| 1178 | + | exceed any of the criteria established in paragraph (2)(a), the 793 | |
| 1179 | + | rule shall be submitted to the President of the Senate and 794 | |
| 1180 | + | Speaker of the House of Representatives no later than 30 days 795 | |
| 1181 | + | before prior to the next regular legislative session, and the 796 | |
| 1182 | + | rule may not take effect until it is ratified by the 797 | |
| 1183 | + | Legislature. 798 | |
| 1184 | + | (4) Subsection (3) does not apply to the adoption of: 799 | |
| 1185 | + | (a) Federal standards pursuant to s. 120.54(6). 800 | |
| 1186 | 1186 | ||
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| 1187 | + | CS/HB 337 2022 | |
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| 1222 | - | ||
| 1198 | + | (b) Triennial updates of and amendments to the Florida 801 | |
| 1199 | + | Building Code which are expressly authorized by s. 553.73. 802 | |
| 1200 | + | (c) Triennial updates of and amendments to the Florida 803 | |
| 1201 | + | Fire Prevention Code which are e xpressly authorized by s. 804 | |
| 1202 | + | 633.202. 805 | |
| 1203 | + | (d) Emergency rules adopted pursuant to s. 120.54(4). 806 | |
| 1204 | + | (5) For purposes of subsections (2) and (3), adverse 807 | |
| 1205 | + | impacts and regulatory costs likely to occur within 5 years 808 | |
| 1206 | + | after implementation of the rule include adverse i mpacts and 809 | |
| 1207 | + | regulatory costs estimated to occur within 5 years after the 810 | |
| 1208 | + | effective date of the rule. However, if any provision of the 811 | |
| 1209 | + | rule is not fully implemented upon the effective date of the 812 | |
| 1210 | + | rule, the adverse impacts and regulatory costs associated with 813 | |
| 1211 | + | such provision must be adjusted to include any additional 814 | |
| 1212 | + | adverse impacts and regulatory costs estimated to occur within 5 815 | |
| 1213 | + | years after implementation of such provision. 816 | |
| 1214 | + | (6)(a) In evaluating the impacts described in paragraphs 817 | |
| 1215 | + | (2)(a) and (2)(e), an agenc y shall include good faith estimates 818 | |
| 1216 | + | of market impacts likely to result from compliance with the 819 | |
| 1217 | + | proposed rule, including: 820 | |
| 1218 | + | 1. Increased customer charges for goods or services. 821 | |
| 1219 | + | 2. Decreased market value of goods or services produced, 822 | |
| 1220 | + | provided, or sold. 823 | |
| 1221 | + | 3. Increased costs resulting from the purchase of 824 | |
| 1222 | + | substitute or alternative goods or services. 825 | |
| 1223 | 1223 | ||
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| 1224 | + | CS/HB 337 2022 | |
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| 1235 | + | 4. The reasonable value of time to be spent by owners, 826 | |
| 1236 | + | officers, operators, and managers to understand and comply with 827 | |
| 1237 | + | the proposed rule, including, but not limited to, time to be 828 | |
| 1238 | + | spent to complete required education, training, or testing. 829 | |
| 1239 | + | 5. Capital costs. 830 | |
| 1240 | + | 6. Any other impacts suggested by the rules ombudsman in 831 | |
| 1241 | + | the Executive Office of the Governor or interested persons. 832 | |
| 1242 | + | (b) In estimating and analyzing the information required 833 | |
| 1243 | + | in paragraphs (2)(b) -(e), the agency may use surveys of 834 | |
| 1244 | + | individuals, businesses, business organizations, counties, and 835 | |
| 1245 | + | municipalities to collect data helpful to estimate and analyze 836 | |
| 1246 | + | the costs and impacts. 837 | |
| 1247 | + | (c) In estimating compli ance costs under paragraph (2)(d), 838 | |
| 1248 | + | the agency shall consider, among other matters, all direct and 839 | |
| 1249 | + | indirect costs necessary to comply with the proposed rule that 840 | |
| 1250 | + | are readily ascertainable based upon standard business 841 | |
| 1251 | + | practices, including, but not limited to , costs related to: 842 | |
| 1252 | + | 1. Filing fees. 843 | |
| 1253 | + | 2. Expenses to obtain a license. 844 | |
| 1254 | + | 3. Necessary equipment. 845 | |
| 1255 | + | 4. Installation, utilities, and maintenance of necessary 846 | |
| 1256 | + | equipment. 847 | |
| 1257 | + | 5. Necessary operations and procedures. 848 | |
| 1258 | + | 6. Accounting, financial, information management, and 849 | |
| 1259 | + | other administrative processes. 850 | |
| 1260 | 1260 | ||
| 1261 | - | ||
| 1261 | + | CS/HB 337 2022 | |
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| 1263 | 1263 | ||
| 1264 | 1264 | ||
| 1265 | 1265 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1267 | - | Page 35 of | |
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| 1293 | - | ||
| 1294 | - | ||
| 1295 | - | ||
| 1296 | - | ||
| 1272 | + | 7. Other processes. 851 | |
| 1273 | + | 8. Labor based on relevant rates of wages, salaries, and 852 | |
| 1274 | + | benefits. 853 | |
| 1275 | + | 9. Materials and supplies. 854 | |
| 1276 | + | 10. Capital expenditures, including financing costs. 855 | |
| 1277 | + | 11. Professional and technical services, including 856 | |
| 1278 | + | contracted services necessary to implement and maintain 857 | |
| 1279 | + | compliance. 858 | |
| 1280 | + | 12. Monitoring and reporting. 859 | |
| 1281 | + | 13. Qualifying and recurring education, training, and 860 | |
| 1282 | + | testing. 861 | |
| 1283 | + | 14. Travel. 862 | |
| 1284 | + | 15. Insurance and surety requirements. 863 | |
| 1285 | + | 16. A fair and reasonable allocation of administrative 864 | |
| 1286 | + | costs and other overhead. 865 | |
| 1287 | + | 17. Reduced sales or other revenues. 866 | |
| 1288 | + | 18. Other items suggested by the rules ombudsman in the 867 | |
| 1289 | + | Executive Office of the Governor or any interested person, 868 | |
| 1290 | + | business organization, or busines s representative. 869 | |
| 1291 | + | (7)(a) The Department of State shall include on the 870 | |
| 1292 | + | Florida Administrative Register website the agency website 871 | |
| 1293 | + | addresses where statements of estimated regulatory costs may be 872 | |
| 1294 | + | viewed in their entirety. 873 | |
| 1295 | + | (b) An agency that prepares a sta tement of estimated 874 | |
| 1296 | + | regulatory costs must provide, as part of the notice required 875 | |
| 1297 | 1297 | ||
| 1298 | - | ||
| 1298 | + | CS/HB 337 2022 | |
| 1299 | 1299 | ||
| 1300 | 1300 | ||
| 1301 | 1301 | ||
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| 1332 | - | ||
| 1333 | - | ||
| 1309 | + | under s. 120.54(3)(a), the agency website address where the 876 | |
| 1310 | + | statement of estimated regulatory costs can be read in its 877 | |
| 1311 | + | entirety to the Department of State for publication in the 878 | |
| 1312 | + | Florida Administrative Register. 879 | |
| 1313 | + | (c) If an agency revises its statement of estimated 880 | |
| 1314 | + | regulatory costs, the agency must provide notice that a revision 881 | |
| 1315 | + | has been made as provided in s. 120.54(3)(d). Such notice must 882 | |
| 1316 | + | include the agency website address wh ere the revision can be 883 | |
| 1317 | + | viewed in its entirety. 884 | |
| 1318 | + | Section 4. Section 120.5435, Florida Statutes, is created 885 | |
| 1319 | + | to read: 886 | |
| 1320 | + | 120.5435 Repromulgation of rules. — 887 | |
| 1321 | + | (1) It is the intent of the Legislature that each agency 888 | |
| 1322 | + | periodically review its rules for consist ency with the powers 889 | |
| 1323 | + | and duties granted by its enabling statutes. 890 | |
| 1324 | + | (2) If an agency determines after review that substantive 891 | |
| 1325 | + | changes to update a rule are not required, such agency must 892 | |
| 1326 | + | repromulgate the rule to reflect the date of the review. All 893 | |
| 1327 | + | rules adopted or repromulgated on or after July 1, 2022, must be 894 | |
| 1328 | + | reviewed within 5 years after their respective dates of adoption 895 | |
| 1329 | + | or repromulgation. Each agency must review its existing rules in 896 | |
| 1330 | + | accordance with this section by July 1, 2027. Failure of an 897 | |
| 1331 | + | agency to adhere to the deadlines imposed in this section 898 | |
| 1332 | + | constitutes repeal of any affected rule. In the event of such a 899 | |
| 1333 | + | failure, the committee shall notify the Department of State that 900 | |
| 1334 | 1334 | ||
| 1335 | - | ||
| 1335 | + | CS/HB 337 2022 | |
| 1336 | 1336 | ||
| 1337 | 1337 | ||
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| 1339 | 1339 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1341 | - | Page 37 of | |
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| 1342 | 1342 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 1369 | - | ||
| 1370 | - | ||
| 1346 | + | the agency, by its failure to repromulgate the affected rule, 901 | |
| 1347 | + | has elected to repeal the rule. Upon receipt of the committee's 902 | |
| 1348 | + | notice, the Department of State shall publish a notice to that 903 | |
| 1349 | + | effect in the next available issue of the Florida Administrative 904 | |
| 1350 | + | Register. Upon publication of the notice, the rule shall be 905 | |
| 1351 | + | stricken from the fil es of the Department of State and the files 906 | |
| 1352 | + | of the agency. 907 | |
| 1353 | + | (3) Before repromulgation of a rule, the agency must, upon 908 | |
| 1354 | + | approval by the agency head: 909 | |
| 1355 | + | (a) Publish a notice of repromulgation in the Florida 910 | |
| 1356 | + | Administrative Register. A notice of repromulgation is not 911 | |
| 1357 | + | required to include the text of the rule being repromulgated. 912 | |
| 1358 | + | (b) File the rule for repromulgation with the Department 913 | |
| 1359 | + | of State. A rule may not be filed for repromulgation fewer than 914 | |
| 1360 | + | 28 days, nor more than 90 days, after the date of publication o f 915 | |
| 1361 | + | the notice required by paragraph (a). 916 | |
| 1362 | + | (4) The agency must file a notice of repromulgation with 917 | |
| 1363 | + | the committee at least 14 days before filing the rule for 918 | |
| 1364 | + | repromulgation. At the time the rule is filed for 919 | |
| 1365 | + | repromulgation, the committee shall certify wheth er the agency 920 | |
| 1366 | + | has responded in writing to all material and timely written 921 | |
| 1367 | + | comments or written inquiries made on behalf of the committee. 922 | |
| 1368 | + | (5) A repromulgated rule is not subject to challenge as a 923 | |
| 1369 | + | proposed rule pursuant to s. 120.56(2). 924 | |
| 1370 | + | (6) The hearing requirements of s. 120.54 do not apply to 925 | |
| 1371 | 1371 | ||
| 1372 | - | ||
| 1372 | + | CS/HB 337 2022 | |
| 1373 | 1373 | ||
| 1374 | 1374 | ||
| 1375 | 1375 | ||
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| 1379 | 1379 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 1385 | - | ||
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| 1387 | - | ||
| 1388 | - | ||
| 1389 | - | ||
| 1390 | - | ||
| 1391 | - | (c) | |
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| 1398 | - | ||
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| 1404 | - | ||
| 1405 | - | ||
| 1406 | - | ||
| 1407 | - | ||
| 1383 | + | repromulgation of a rule. 926 | |
| 1384 | + | (7)(a) The agency, upon approval of the agency head or his 927 | |
| 1385 | + | or her designee, shall file with the Department of State three 928 | |
| 1386 | + | certified copies of the repromulgated rule it proposes to adopt 929 | |
| 1387 | + | and one certified copy of any material incorporated by reference 930 | |
| 1388 | + | in the rule. 931 | |
| 1389 | + | (b) The rule is repromulgated upon its filing with the 932 | |
| 1390 | + | Department of State. 933 | |
| 1391 | + | (c) The Department of State shall update the history note 934 | |
| 1392 | + | of the rule in the Florida Administrative Code to reflect the 935 | |
| 1393 | + | effective date of the repromulgated rule. 936 | |
| 1394 | + | (8) The Department of State shall adopt rules to implement 937 | |
| 1395 | + | this section by December 31, 2022. 938 | |
| 1396 | + | Section 5. Subsection (1) of section 120.545, Florida 939 | |
| 1397 | + | Statutes, is amended to read: 940 | |
| 1398 | + | 120.545 Committee review of agency rules. — 941 | |
| 1399 | + | (1) As a legislative check on legislatively created 942 | |
| 1400 | + | authority, the committee shall examine each existing rule and 943 | |
| 1401 | + | proposed rule, except for those proposed rules exempted by s. 944 | |
| 1402 | + | 120.81(1)(e) and (2), and its accompanyin g material, and each 945 | |
| 1403 | + | emergency rule, and may examine any existing rule, for the 946 | |
| 1404 | + | purpose of determining whether: 947 | |
| 1405 | + | (a) The rule is an invalid exercise of delegated 948 | |
| 1406 | + | legislative authority. 949 | |
| 1407 | + | (b) The statutory authority for the rule has been 950 | |
| 1408 | 1408 | ||
| 1409 | - | ||
| 1409 | + | CS/HB 337 2022 | |
| 1410 | 1410 | ||
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| 1412 | 1412 | ||
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| 1415 | - | Page 39 of | |
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| 1416 | 1416 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 1437 | - | ( | |
| 1438 | - | the | |
| 1439 | - | ||
| 1440 | - | ||
| 1441 | - | ||
| 1442 | - | ||
| 1443 | - | ||
| 1444 | - | ||
| 1420 | + | repealed. 951 | |
| 1421 | + | (c) The rule reiterates or paraphrases statutory material. 952 | |
| 1422 | + | (d) The rule is in proper form. 953 | |
| 1423 | + | (e) The notice given before prior to its adoption was 954 | |
| 1424 | + | sufficient to give adequate notice of the purpose and effect of 955 | |
| 1425 | + | the rule. 956 | |
| 1426 | + | (f) The rule is consistent with expre ssed legislative 957 | |
| 1427 | + | intent pertaining to the specific provisions of law which the 958 | |
| 1428 | + | rule implements. 959 | |
| 1429 | + | (g) The rule is necessary to accomplish the apparent or 960 | |
| 1430 | + | expressed objectives of the specific provision of law which the 961 | |
| 1431 | + | rule implements. 962 | |
| 1432 | + | (h) The rule is a r easonable implementation of the law as 963 | |
| 1433 | + | it affects the convenience of the general public or persons 964 | |
| 1434 | + | particularly affected by the rule. 965 | |
| 1435 | + | (i) The rule could be made less complex or more easily 966 | |
| 1436 | + | comprehensible to the general public. 967 | |
| 1437 | + | (j) The rule's statement of estimated regulatory costs 968 | |
| 1438 | + | complies with the requirements of s. 120.541 and whether the 969 | |
| 1439 | + | rule does not impose regulatory costs on the regulated person, 970 | |
| 1440 | + | county, or city which could be reduced by the adoption of less 971 | |
| 1441 | + | costly alternatives that substantially accomplish the statutory 972 | |
| 1442 | + | objectives. 973 | |
| 1443 | + | (k) The rule will require additional appropriations. 974 | |
| 1444 | + | (l) If the rule is an emergency rule, there exists an 975 | |
| 1445 | 1445 | ||
| 1446 | - | ||
| 1446 | + | CS/HB 337 2022 | |
| 1447 | 1447 | ||
| 1448 | 1448 | ||
| 1449 | 1449 | ||
| 1450 | 1450 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1452 | - | Page 40 of | |
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| 1453 | 1453 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 1457 | - | ||
| 1458 | - | ||
| 1459 | - | ||
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| 1462 | - | ||
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| 1464 | - | 1 | |
| 1465 | - | ||
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| 1478 | - | ||
| 1479 | - | ||
| 1480 | - | ||
| 1481 | - | ||
| 1457 | + | emergency justifying the adoption of such rule, the agency is 976 | |
| 1458 | + | within its statutory authority, and the rule w as adopted in 977 | |
| 1459 | + | compliance with the requirements and limitations of s. 978 | |
| 1460 | + | 120.54(4). 979 | |
| 1461 | + | Section 6. Paragraphs (a) and (c) of subsection (1) of 980 | |
| 1462 | + | section 120.55, Florida Statutes, are amended to read: 981 | |
| 1463 | + | 120.55 Publication. — 982 | |
| 1464 | + | (1) The Department of State shall: 983 | |
| 1465 | + | (a)1. Through a continuous revision and publication 984 | |
| 1466 | + | system, compile and publish electronically, on a website managed 985 | |
| 1467 | + | by the department, the "Florida Administrative Code." The 986 | |
| 1468 | + | Florida Administrative Code shall contain all rules adopted by 987 | |
| 1469 | + | each agency, citing the grant of rulemaking authority and the 988 | |
| 1470 | + | specific law implemented pursuant to which each rule was 989 | |
| 1471 | + | adopted, all history notes as authorized in s. 120.545(7), 990 | |
| 1472 | + | complete indexes to all rules and any material incorporated by 991 | |
| 1473 | + | reference contained in the code, and any other material required 992 | |
| 1474 | + | or authorized by law or deemed useful by the department. The 993 | |
| 1475 | + | electronic code shall display each rule chapter currently in 994 | |
| 1476 | + | effect in browse mode and allow full text search of the code and 995 | |
| 1477 | + | each rule chapter. The department may contract with a publishing 996 | |
| 1478 | + | firm for a printed publication; however, the department shall 997 | |
| 1479 | + | retain responsibility for the code as provided in this section. 998 | |
| 1480 | + | The electronic publication shall be the official compilation of 999 | |
| 1481 | + | the administrative rules of this state . The Florida 1000 | |
| 1482 | 1482 | ||
| 1483 | - | ||
| 1483 | + | CS/HB 337 2022 | |
| 1484 | 1484 | ||
| 1485 | 1485 | ||
| 1486 | 1486 | ||
| 1487 | 1487 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1488 | - | hb0337- | |
| 1489 | - | Page 41 of | |
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| 1490 | 1490 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 1494 | - | ||
| 1495 | - | ||
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| 1499 | - | The | |
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| 1517 | - | ||
| 1518 | - | ||
| 1494 | + | Administrative Code shall be published once daily by 8 a.m. If, 1001 | |
| 1495 | + | after publication, a rule is corrected and replaced, the Florida 1002 | |
| 1496 | + | Administrative Code shall indicate: 1003 | |
| 1497 | + | a. That the Florida Administrative Code has been 1004 | |
| 1498 | + | republished. 1005 | |
| 1499 | + | b. The rule that has been corrected by the Department of 1006 | |
| 1500 | + | State. 1007 | |
| 1501 | + | 1008 | |
| 1502 | + | The Department of State shall retain the copyright over the 1009 | |
| 1503 | + | Florida Administrative Code. 1010 | |
| 1504 | + | 2. Not publish in the Florida Administrative Code rules 1011 | |
| 1505 | + | general in form but applicable to only one school distr ict, 1012 | |
| 1506 | + | community college district, or county, or a part thereof, or 1013 | |
| 1507 | + | state university rules relating to internal personnel or 1014 | |
| 1508 | + | business and finance shall not be published in the Florida 1015 | |
| 1509 | + | Administrative Code. Exclusion from publication in the Florida 1016 | |
| 1510 | + | Administrative Code does shall not affect the validity or 1017 | |
| 1511 | + | effectiveness of such rules. 1018 | |
| 1512 | + | 3. At the beginning of the section of the code dealing 1019 | |
| 1513 | + | with an agency that files copies of its rules with the 1020 | |
| 1514 | + | department, the department shall publish the address and 1021 | |
| 1515 | + | telephone number of the executive offices of each agency, the 1022 | |
| 1516 | + | manner by which the agency indexes its rules, a listing of all 1023 | |
| 1517 | + | rules of that agency excluded from publication in the code, a 1024 | |
| 1518 | + | listing of all forms and material incorporated by reference 1025 | |
| 1519 | 1519 | ||
| 1520 | - | ||
| 1520 | + | CS/HB 337 2022 | |
| 1521 | 1521 | ||
| 1522 | 1522 | ||
| 1523 | 1523 | ||
| 1524 | 1524 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1525 | - | hb0337- | |
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| 1554 | - | ||
| 1555 | - | ||
| 1531 | + | adopted by rule whic h are used by the agency, and a statement as 1026 | |
| 1532 | + | to where those rules may be inspected. 1027 | |
| 1533 | + | 4. Not publish forms shall not be published in the Florida 1028 | |
| 1534 | + | Administrative Code. However,; but any form that which an agency 1029 | |
| 1535 | + | uses in its dealings with the public, along wi th any 1030 | |
| 1536 | + | accompanying instructions, shall be filed with the committee 1031 | |
| 1537 | + | before it is used. Any form or instruction which meets the 1032 | |
| 1538 | + | definition of the term "rule" as defined provided in s. 120.52 1033 | |
| 1539 | + | shall be incorporated by reference into the appropriate rule. 1034 | |
| 1540 | + | The reference shall specifically state that the form is being 1035 | |
| 1541 | + | incorporated by reference and shall include the number, title, 1036 | |
| 1542 | + | and effective date of the form and an explanation of ho w the 1037 | |
| 1543 | + | form may be obtained. Each form created by an agency which is 1038 | |
| 1544 | + | incorporated by reference in a rule notice of which is given 1039 | |
| 1545 | + | under s. 120.54(3)(a) after December 31, 2007, must clearly 1040 | |
| 1546 | + | display the number, title, and effective date of the form and 1041 | |
| 1547 | + | the number of the rule in which the form is incorporated. 1042 | |
| 1548 | + | 5. Require all materials incorporated by reference in any 1043 | |
| 1549 | + | part of an adopted rule and in any part of a repromulgated rule, 1044 | |
| 1550 | + | after December 31, 2022, The department shall allow adopted 1045 | |
| 1551 | + | rules and material incorporated by reference to be filed in the 1046 | |
| 1552 | + | manner prescribed by s. 120.54(1)(i)3.a. or s. 120.54(1)(i)3.b. 1047 | |
| 1553 | + | electronic form as prescribed by department rule . When a rule is 1048 | |
| 1554 | + | filed for adoption or repromulgation with incorporated material 1049 | |
| 1555 | + | in electronic form, the department's publication of the Florida 1050 | |
| 1556 | 1556 | ||
| 1557 | - | ||
| 1557 | + | CS/HB 337 2022 | |
| 1558 | 1558 | ||
| 1559 | 1559 | ||
| 1560 | 1560 | ||
| 1561 | 1561 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1562 | - | hb0337- | |
| 1563 | - | Page 43 of | |
| 1562 | + | hb0337-01-c1 | |
| 1563 | + | Page 43 of 53 | |
| 1564 | 1564 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1565 | 1565 | ||
| 1566 | 1566 | ||
| 1567 | 1567 | ||
| 1568 | - | (2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1051 | |
| 1569 | - | (a) By October 1 of ea ch year, each agency shall: 1052 | |
| 1570 | - | 1. Publish its regulatory plan on its website or on 1053 | |
| 1571 | - | another state website established for publication of 1054 | |
| 1572 | - | administrative law records. A clearly labeled hyperlink to the 1055 | |
| 1573 | - | current plan must be included on the agency's primary webs ite 1056 | |
| 1574 | - | homepage. 1057 | |
| 1575 | - | 2. Electronically deliver to the committee a copy of the 1058 | |
| 1576 | - | certification required in paragraph (1)(e) (1)(d). 1059 | |
| 1577 | - | 3. Publish in the Florida Administrative Register a notice 1060 | |
| 1578 | - | identifying the date of publication of the agency's regulatory 1061 | |
| 1579 | - | plan. The notice must include a hyperlink or website address 1062 | |
| 1580 | - | providing direct access to the published plan. 1063 | |
| 1581 | - | (8) FAILURE TO COMPLY. —If an agency fails to comply with a 1064 | |
| 1582 | - | requirement of subsection (1), paragraph (2)(a), or subsection 1065 | |
| 1583 | - | (5), within 15 days after writte n demand from the committee or 1066 | |
| 1584 | - | from the chair of any other legislative committee, the agency 1067 | |
| 1585 | - | shall deliver a written explanation of the reasons for 1068 | |
| 1586 | - | noncompliance to the committee, the President of the Senate, the 1069 | |
| 1587 | - | Speaker of the House of Representatives, an d the chair of any 1070 | |
| 1588 | - | legislative committee requesting the explanation of the reasons 1071 | |
| 1589 | - | for noncompliance. 1072 | |
| 1590 | - | Section 7. This act shall take effect July 1, 2022. 1073 | |
| 1568 | + | Administrative Code on its website must contain a hyperlink from 1051 | |
| 1569 | + | the incorporating reference in the rule directly to that 1052 | |
| 1570 | + | material. The department may not allow hyperlinks from rules in 1053 | |
| 1571 | + | the Florida Administrat ive Code to any material other than that 1054 | |
| 1572 | + | filed with and maintained by the department, but may allow 1055 | |
| 1573 | + | hyperlinks to incorporated material maintained by the department 1056 | |
| 1574 | + | from the adopting agency's website or other sites. 1057 | |
| 1575 | + | 6. Include the date of any technical c hanges to a rule in 1058 | |
| 1576 | + | the history note of the rule in the Florida Administrative Code. 1059 | |
| 1577 | + | A technical change does not affect the effective date of the 1060 | |
| 1578 | + | rule. A technical change made after the adoption of a rule must 1061 | |
| 1579 | + | be published as a notice of correction. 1062 | |
| 1580 | + | (c) Prescribe by rule the style and form required for 1063 | |
| 1581 | + | rules, notices, and other materials submitted for filing , 1064 | |
| 1582 | + | including a rule requiring documents created by an agency that 1065 | |
| 1583 | + | are proposed to be incorporated by reference in notices 1066 | |
| 1584 | + | published pursuant to s. 120. 54(3)(a) and (d) to be coded in the 1067 | |
| 1585 | + | same manner as notices published pursuant to s. 120.54(3)(a)1 . 1068 | |
| 1586 | + | Section 7. Subsection (1) and paragraph (a) of subsection 1069 | |
| 1587 | + | (2) of section 120.74, Florida Statutes, are amended to read: 1070 | |
| 1588 | + | 120.74 Agency annual rulemaking and regulatory plans; 1071 | |
| 1589 | + | reports.— 1072 | |
| 1590 | + | (1) REGULATORY PLAN. —By October 1 of each year, each 1073 | |
| 1591 | + | agency shall prepare a regulatory plan. 1074 | |
| 1592 | + | (a) The plan must include a listing of each law enacted or 1075 | |
| 1593 | + | ||
| 1594 | + | CS/HB 337 2022 | |
| 1595 | + | ||
| 1596 | + | ||
| 1597 | + | ||
| 1598 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1599 | + | hb0337-01-c1 | |
| 1600 | + | Page 44 of 53 | |
| 1601 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1602 | + | ||
| 1603 | + | ||
| 1604 | + | ||
| 1605 | + | amended during the previous 12 months which creates or modifies 1076 | |
| 1606 | + | the duties or authority of the agency. If the Governor or the 1077 | |
| 1607 | + | Attorney General provides a letter to the committee stating that 1078 | |
| 1608 | + | a law affects all or most agencies, the agency may exclude the 1079 | |
| 1609 | + | law from its plan. For each law listed by an agency under this 1080 | |
| 1610 | + | paragraph, the plan must state: 1081 | |
| 1611 | + | 1. Whether the agency must adopt rules to implement the 1082 | |
| 1612 | + | law. 1083 | |
| 1613 | + | 2. If rulemaking is necessary to implement the law: 1084 | |
| 1614 | + | a. Whether a notice of rule development has been published 1085 | |
| 1615 | + | and, if so, the citation to such notice in the Flori da 1086 | |
| 1616 | + | Administrative Register. 1087 | |
| 1617 | + | b. The date by which the agency expects to publish the 1088 | |
| 1618 | + | notice of proposed rule under s. 120.54(3)(a). 1089 | |
| 1619 | + | 3. If rulemaking is not necessary to implement the law, a 1090 | |
| 1620 | + | concise written explanation of the reasons why the law may be 1091 | |
| 1621 | + | implemented without rulemaking. 1092 | |
| 1622 | + | (b) The plan must also identify and describe each rule, 1093 | |
| 1623 | + | including each rule number or proposed rule number, that include 1094 | |
| 1624 | + | a listing of each law not otherwise listed pursuant to paragraph 1095 | |
| 1625 | + | (a) which the agency expects to develop, adopt, or repeal for 1096 | |
| 1626 | + | the 12-month period beginning on October 1 and ending on 1097 | |
| 1627 | + | September 30 implement by rulemaking before the following July 1098 | |
| 1628 | + | 1, excluding emergency rules except emergency rulemaking . For 1099 | |
| 1629 | + | each rule identified and described law listed under this 1100 | |
| 1630 | + | ||
| 1631 | + | CS/HB 337 2022 | |
| 1632 | + | ||
| 1633 | + | ||
| 1634 | + | ||
| 1635 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1636 | + | hb0337-01-c1 | |
| 1637 | + | Page 45 of 53 | |
| 1638 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1639 | + | ||
| 1640 | + | ||
| 1641 | + | ||
| 1642 | + | paragraph, the plan must state whether the rulemaking is 1101 | |
| 1643 | + | intended to simplify, clarify, increase efficiency, improve 1102 | |
| 1644 | + | coordination with other agencies, reduce regulatory costs, or 1103 | |
| 1645 | + | delete obsolete, unnecessary, or redundant rules. 1104 | |
| 1646 | + | (c) The plan must include any desired update to the prior 1105 | |
| 1647 | + | year's regulatory plan or supplement published pursuant to 1106 | |
| 1648 | + | subsection (7). If, in a prior year, a law was identified under 1107 | |
| 1649 | + | this paragraph or under subparagraph (a)1. as a law requiring 1108 | |
| 1650 | + | rulemaking to implement but a n otice of proposed rule has not 1109 | |
| 1651 | + | been published: 1110 | |
| 1652 | + | 1. The agency shall identify and again list such law, 1111 | |
| 1653 | + | noting the applicable notice of rule development by citation to 1112 | |
| 1654 | + | the Florida Administrative Register; or 1113 | |
| 1655 | + | 2. If the agency has subsequently determined th at 1114 | |
| 1656 | + | rulemaking is not necessary to implement the law, the agency 1115 | |
| 1657 | + | shall identify such law, reference the citation to the 1116 | |
| 1658 | + | applicable notice of rule development in the Florida 1117 | |
| 1659 | + | Administrative Register, and provide a concise written 1118 | |
| 1660 | + | explanation of the reason why the law may be implemented without 1119 | |
| 1661 | + | rulemaking. 1120 | |
| 1662 | + | (d) The plan must identify any rules that are required to 1121 | |
| 1663 | + | be repromulgated pursuant to s. 120.5435 for the 12 -month period 1122 | |
| 1664 | + | beginning on October 1 and ending on September 30. 1123 | |
| 1665 | + | (e) The plan must include a 5 -year schedule for the review 1124 | |
| 1666 | + | and repromulgation of all rules existing as of July 1, 2022. 1125 | |
| 1667 | + | ||
| 1668 | + | CS/HB 337 2022 | |
| 1669 | + | ||
| 1670 | + | ||
| 1671 | + | ||
| 1672 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1673 | + | hb0337-01-c1 | |
| 1674 | + | Page 46 of 53 | |
| 1675 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1676 | + | ||
| 1677 | + | ||
| 1678 | + | ||
| 1679 | + | (f) The plan must include a list of all statutes and laws, 1126 | |
| 1680 | + | or parts thereof, which grant duplicative, redundant, or unused 1127 | |
| 1681 | + | rulemaking authority, as set out in s. 11 .242(5)(j), and a 1128 | |
| 1682 | + | recommendation as to what statutes, laws, or parts thereof, 1129 | |
| 1683 | + | should be repealed. The agency must also provide the list to the 1130 | |
| 1684 | + | Division of Law Revision. 1131 | |
| 1685 | + | (g)(d) The plan must include a certification executed on 1132 | |
| 1686 | + | behalf of the agency by both the agency head, or, if the agency 1133 | |
| 1687 | + | head is a collegial body, the presiding officer; and the 1134 | |
| 1688 | + | individual acting as principal legal advisor to the agency head. 1135 | |
| 1689 | + | The certification must declare: 1136 | |
| 1690 | + | 1. Verify That the persons executing the certification 1137 | |
| 1691 | + | have reviewed the plan. 1138 | |
| 1692 | + | 2. Verify That the agency regularly reviews all of its 1139 | |
| 1693 | + | rules and identify the period during which all rules have most 1140 | |
| 1694 | + | recently been reviewed to determine if the rules remain 1141 | |
| 1695 | + | consistent with the agency's rulemaking authority and the laws 1142 | |
| 1696 | + | implemented. 1143 | |
| 1697 | + | 3. That the agency understands that regulatory 1144 | |
| 1698 | + | accountability is necessary to ensure public confidence in the 1145 | |
| 1699 | + | integrity of state government and, to that end, the agency is 1146 | |
| 1700 | + | diligently working toward lowering the total number of rules 1147 | |
| 1701 | + | adopted. 1148 | |
| 1702 | + | 4. The total number of rules adopted and repealed during 1149 | |
| 1703 | + | the previous 12 months. 1150 | |
| 1704 | + | ||
| 1705 | + | CS/HB 337 2022 | |
| 1706 | + | ||
| 1707 | + | ||
| 1708 | + | ||
| 1709 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1710 | + | hb0337-01-c1 | |
| 1711 | + | Page 47 of 53 | |
| 1712 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1713 | + | ||
| 1714 | + | ||
| 1715 | + | ||
| 1716 | + | (2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1151 | |
| 1717 | + | (a) By October 1 of each year, each agency shall: 1152 | |
| 1718 | + | 1. Publish its regulatory plan on its website or on 1153 | |
| 1719 | + | another state website established for publication of 1154 | |
| 1720 | + | administrative law records. A clearly labeled hyperlink to the 1155 | |
| 1721 | + | current plan must be included on the agency's primary website 1156 | |
| 1722 | + | homepage. 1157 | |
| 1723 | + | 2. Electronically deliver to the committee a copy of the 1158 | |
| 1724 | + | certification required in p aragraph (1)(g) (1)(d). 1159 | |
| 1725 | + | 3. Publish in the Florida Administrative Register a notice 1160 | |
| 1726 | + | identifying the date of publication of the agency's regulatory 1161 | |
| 1727 | + | plan. The notice must include a hyperlink or website address 1162 | |
| 1728 | + | providing direct access to the published plan. 1163 | |
| 1729 | + | Section 8. Subsection (11) of section 120.80, Florida 1164 | |
| 1730 | + | Statutes, is amended to read: 1165 | |
| 1731 | + | 120.80 Exceptions and special requirements; agencies. — 1166 | |
| 1732 | + | (11) NATIONAL GUARD. —Notwithstanding s. 120.52(17) s. 1167 | |
| 1733 | + | 120.52(16), the enlistment, organization, administration, 1168 | |
| 1734 | + | equipment, maintenance, training, and discipline of the militia, 1169 | |
| 1735 | + | National Guard, organized militia, and unorganized militia, as 1170 | |
| 1736 | + | provided by s. 2, Art. X of the State Constitution, are not 1171 | |
| 1737 | + | rules as defined by this chapter. 1172 | |
| 1738 | + | Section 9. Paragraph (c) of subsection (1) of section 1173 | |
| 1739 | + | 120.81, Florida Statutes, is amended to read: 1174 | |
| 1740 | + | 120.81 Exceptions and special requirements; general 1175 | |
| 1741 | + | ||
| 1742 | + | CS/HB 337 2022 | |
| 1743 | + | ||
| 1744 | + | ||
| 1745 | + | ||
| 1746 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1747 | + | hb0337-01-c1 | |
| 1748 | + | Page 48 of 53 | |
| 1749 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1750 | + | ||
| 1751 | + | ||
| 1752 | + | ||
| 1753 | + | areas.— 1176 | |
| 1754 | + | (1) EDUCATIONAL UNITS. — 1177 | |
| 1755 | + | (c) Notwithstanding s. 120.52(17) s. 120.52(16), any 1178 | |
| 1756 | + | tests, test scoring criteri a, or testing procedures relating to 1179 | |
| 1757 | + | student assessment which are developed or administered by the 1180 | |
| 1758 | + | Department of Education pursuant to s. 1003.4282, s. 1008.22, or 1181 | |
| 1759 | + | s. 1008.25, or any other statewide educational tests required by 1182 | |
| 1760 | + | law, are not rules. 1183 | |
| 1761 | + | Section 10. Paragraph (a) of subsection (1) of section 1184 | |
| 1762 | + | 420.9072, Florida Statutes, is amended to read: 1185 | |
| 1763 | + | 420.9072 State Housing Initiatives Partnership Program. —1186 | |
| 1764 | + | The State Housing Initiatives Partnership Program is created for 1187 | |
| 1765 | + | the purpose of providing funds to counties and eligible 1188 | |
| 1766 | + | municipalities as an incentive for the creation of local housing 1189 | |
| 1767 | + | partnerships, to expand production of and preserve affordable 1190 | |
| 1768 | + | housing, to further the housing element of the local government 1191 | |
| 1769 | + | comprehensive plan specific to affordable housing, and to 1192 | |
| 1770 | + | increase housing-related employment. 1193 | |
| 1771 | + | (1)(a) In addition to the legislative findings set forth 1194 | |
| 1772 | + | in s. 420.6015, the Legislature finds that affordable housing is 1195 | |
| 1773 | + | most effectively provided by combining available public and 1196 | |
| 1774 | + | private resources to conserve and improve existing housing and 1197 | |
| 1775 | + | provide new housing for very -low-income households, low -income 1198 | |
| 1776 | + | households, and moderate -income households. The Legislature 1199 | |
| 1777 | + | intends to encourage partnerships in order to secure the 1200 | |
| 1778 | + | ||
| 1779 | + | CS/HB 337 2022 | |
| 1780 | + | ||
| 1781 | + | ||
| 1782 | + | ||
| 1783 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1784 | + | hb0337-01-c1 | |
| 1785 | + | Page 49 of 53 | |
| 1786 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1787 | + | ||
| 1788 | + | ||
| 1789 | + | ||
| 1790 | + | benefits of cooperation by the p ublic and private sectors and to 1201 | |
| 1791 | + | reduce the cost of housing for the target group by effectively 1202 | |
| 1792 | + | combining all available resources and cost -saving measures. The 1203 | |
| 1793 | + | Legislature further intends that local governments achieve this 1204 | |
| 1794 | + | combination of resources by enco uraging active partnerships 1205 | |
| 1795 | + | between government, lenders, builders and developers, real 1206 | |
| 1796 | + | estate professionals, advocates for low -income persons, and 1207 | |
| 1797 | + | community groups to produce affordable housing and provide 1208 | |
| 1798 | + | related services. Extending the partnership concep t to encompass 1209 | |
| 1799 | + | cooperative efforts among small counties as defined in s. 120.52 1210 | |
| 1800 | + | s. 120.52(19), and among counties and municipalities is 1211 | |
| 1801 | + | specifically encouraged. Local governments are also intended to 1212 | |
| 1802 | + | establish an affordable housing advisory committee to re commend 1213 | |
| 1803 | + | monetary and nonmonetary incentives for affordable housing as 1214 | |
| 1804 | + | provided in s. 420.9076. 1215 | |
| 1805 | + | Section 11. Subsection (7) of section 420.9075, Florida 1216 | |
| 1806 | + | Statutes, is amended to read: 1217 | |
| 1807 | + | 420.9075 Local housing assistance plans; partnerships. — 1218 | |
| 1808 | + | (7) The moneys deposited in the local housing assistance 1219 | |
| 1809 | + | trust fund shall be used to administer and implement the local 1220 | |
| 1810 | + | housing assistance plan. The cost of administering the plan may 1221 | |
| 1811 | + | not exceed 5 percent of the local housing distribution moneys 1222 | |
| 1812 | + | and program income de posited into the trust fund. A county or an 1223 | |
| 1813 | + | eligible municipality may not exceed the 5 -percent limitation on 1224 | |
| 1814 | + | administrative costs, unless its governing body finds, by 1225 | |
| 1815 | + | ||
| 1816 | + | CS/HB 337 2022 | |
| 1817 | + | ||
| 1818 | + | ||
| 1819 | + | ||
| 1820 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1821 | + | hb0337-01-c1 | |
| 1822 | + | Page 50 of 53 | |
| 1823 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1824 | + | ||
| 1825 | + | ||
| 1826 | + | ||
| 1827 | + | resolution, that 5 percent of the local housing distribution 1226 | |
| 1828 | + | plus 5 percent of program in come is insufficient to adequately 1227 | |
| 1829 | + | pay the necessary costs of administering the local housing 1228 | |
| 1830 | + | assistance plan. The cost of administering the program may not 1229 | |
| 1831 | + | exceed 10 percent of the local housing distribution plus 5 1230 | |
| 1832 | + | percent of program income deposited into the trust fund, except 1231 | |
| 1833 | + | that small counties, as defined in s. 120.52 s. 120.52(19), and 1232 | |
| 1834 | + | eligible municipalities receiving a local housing distribution 1233 | |
| 1835 | + | of up to $350,000 may use up to 10 percent of program income for 1234 | |
| 1836 | + | administrative costs. 1235 | |
| 1837 | + | Section 12. Paragraph (d) of subsection (1) of section 1236 | |
| 1838 | + | 443.091, Florida Statutes, is amended to read: 1237 | |
| 1839 | + | 443.091 Benefit eligibility conditions. — 1238 | |
| 1840 | + | (1) An unemployed individual is eligible to receive 1239 | |
| 1841 | + | benefits for any week only if the Department of Economic 1240 | |
| 1842 | + | Opportunity finds that: 1241 | |
| 1843 | + | (d) She or he is able to work and is available for work. 1242 | |
| 1844 | + | In order to assess eligibility for a claimed week of 1243 | |
| 1845 | + | unemployment, the department shall develop criteria to determine 1244 | |
| 1846 | + | a claimant's ability to work and availability for work. A 1245 | |
| 1847 | + | claimant must be actively seeking work in order to be considered 1246 | |
| 1848 | + | available for work. This means engaging in systematic and 1247 | |
| 1849 | + | sustained efforts to find work, including contacting at least 1248 | |
| 1850 | + | five prospective employers for each week of unemployment 1249 | |
| 1851 | + | claimed. The department m ay require the claimant to provide 1250 | |
| 1852 | + | ||
| 1853 | + | CS/HB 337 2022 | |
| 1854 | + | ||
| 1855 | + | ||
| 1856 | + | ||
| 1857 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1858 | + | hb0337-01-c1 | |
| 1859 | + | Page 51 of 53 | |
| 1860 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1861 | + | ||
| 1862 | + | ||
| 1863 | + | ||
| 1864 | + | proof of such efforts to the one -stop career center as part of 1251 | |
| 1865 | + | reemployment services. A claimant's proof of work search efforts 1252 | |
| 1866 | + | may not include the same prospective employer at the same 1253 | |
| 1867 | + | location in 3 consecutive weeks, un less the employer has 1254 | |
| 1868 | + | indicated since the time of the initial contact that the 1255 | |
| 1869 | + | employer is hiring. The department shall conduct random reviews 1256 | |
| 1870 | + | of work search information provided by claimants. As an 1257 | |
| 1871 | + | alternative to contacting at least five prospective emplo yers 1258 | |
| 1872 | + | for any week of unemployment claimed, a claimant may, for that 1259 | |
| 1873 | + | same week, report in person to a one -stop career center to meet 1260 | |
| 1874 | + | with a representative of the center and access reemployment 1261 | |
| 1875 | + | services of the center. The center shall keep a record of the 1262 | |
| 1876 | + | services or information provided to the claimant and shall 1263 | |
| 1877 | + | provide the records to the department upon request by the 1264 | |
| 1878 | + | department. However: 1265 | |
| 1879 | + | 1. Notwithstanding any other provision of this paragraph 1266 | |
| 1880 | + | or paragraphs (b) and (e), an otherwise eligible individual m ay 1267 | |
| 1881 | + | not be denied benefits for any week because she or he is in 1268 | |
| 1882 | + | training with the approval of the department, or by reason of s. 1269 | |
| 1883 | + | 443.101(2) relating to failure to apply for, or refusal to 1270 | |
| 1884 | + | accept, suitable work. Training may be approved by the 1271 | |
| 1885 | + | department in accordance with criteria prescribed by rule. A 1272 | |
| 1886 | + | claimant's eligibility during approved training is contingent 1273 | |
| 1887 | + | upon satisfying eligibility conditions prescribed by rule. 1274 | |
| 1888 | + | 2. Notwithstanding any other provision of this chapter, an 1275 | |
| 1889 | + | ||
| 1890 | + | CS/HB 337 2022 | |
| 1891 | + | ||
| 1892 | + | ||
| 1893 | + | ||
| 1894 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1895 | + | hb0337-01-c1 | |
| 1896 | + | Page 52 of 53 | |
| 1897 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1898 | + | ||
| 1899 | + | ||
| 1900 | + | ||
| 1901 | + | otherwise eligible individu al who is in training approved under 1276 | |
| 1902 | + | s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 1277 | |
| 1903 | + | determined ineligible or disqualified for benefits due to 1278 | |
| 1904 | + | enrollment in such training or because of leaving work that is 1279 | |
| 1905 | + | not suitable employment to enter suc h training. As used in this 1280 | |
| 1906 | + | subparagraph, the term "suitable employment" means work of a 1281 | |
| 1907 | + | substantially equal or higher skill level than the worker's past 1282 | |
| 1908 | + | adversely affected employment, as defined for purposes of the 1283 | |
| 1909 | + | Trade Act of 1974, as amended, the wages for which are at least 1284 | |
| 1910 | + | 80 percent of the worker's average weekly wage as determined for 1285 | |
| 1911 | + | purposes of the Trade Act of 1974, as amended. 1286 | |
| 1912 | + | 3. Notwithstanding any other provision of this section, an 1287 | |
| 1913 | + | otherwise eligible individual may not be denied benefits fo r any 1288 | |
| 1914 | + | week because she or he is before any state or federal court 1289 | |
| 1915 | + | pursuant to a lawfully issued summons to appear for jury duty. 1290 | |
| 1916 | + | 4. Union members who customarily obtain employment through 1291 | |
| 1917 | + | a union hiring hall may satisfy the work search requirements of 1292 | |
| 1918 | + | this paragraph by reporting daily to their union hall. 1293 | |
| 1919 | + | 5. The work search requirements of this paragraph do not 1294 | |
| 1920 | + | apply to persons who are unemployed as a result of a temporary 1295 | |
| 1921 | + | layoff or who are claiming benefits under an approved short -time 1296 | |
| 1922 | + | compensation plan as provided in s. 443.1116. 1297 | |
| 1923 | + | 6. In small counties as defined in s. 120.52 s. 1298 | |
| 1924 | + | 120.52(19), a claimant engaging in systematic and sustained 1299 | |
| 1925 | + | efforts to find work must contact at least three prospective 1300 | |
| 1926 | + | ||
| 1927 | + | CS/HB 337 2022 | |
| 1928 | + | ||
| 1929 | + | ||
| 1930 | + | ||
| 1931 | + | CODING: Words stricken are deletions; words underlined are additions. | |
| 1932 | + | hb0337-01-c1 | |
| 1933 | + | Page 53 of 53 | |
| 1934 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
| 1935 | + | ||
| 1936 | + | ||
| 1937 | + | ||
| 1938 | + | employers for each week of unemployment claimed. 1301 | |
| 1939 | + | 7. The work search requirements of this paragraph do not 1302 | |
| 1940 | + | apply to persons required to participate in reemployment 1303 | |
| 1941 | + | services under paragraph (e). 1304 | |
| 1942 | + | Section 13. This act shall take effect July 1, 2022. 1305 |