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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
A bill to be entitled 1
An act relating to administrative procedures and 2
permitting process review; amending s. 120.52, F.S.; 3
defining the terms "repromulgation" and "technical 4
change"; amending s. 120.54, F.S.; applying certain 5
provisions applicable to all rules other than 6
emergency rules to repromulgated rules; requiring that 7
a notice of rule development cite the grant of 8
rulemaking authority; requiring a notice of rule 9
development to contain a proposed rule number and 10
specified statements; requiring that a notice of 11
withdrawal be published in the next available issue of 12
the Florida Administrative Register if a notice of 13
proposed rule is not filed within a certain timeframe; 14
revising the scope of public workshops to include 15
information gathered for the preparation of statements 16
of estimated regulatory costs; requiring that a notice 17
of proposed rule include a website address where a 18
statement of regulatory costs can be viewed; requiring 19
that a notice of proposed rule include a request for 20
the submission of any helpful information r egarding 21
the statement of estimated regulatory costs; revising 22
the timeframe the notice must be published in the 23
Florida Administrative Register; requiring that 24
material proposed to be incorporated by reference and 25
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the statement of estimated regulatory cos ts be 26
available to the public; requiring that material 27
proposed to be incorporated by reference be made 28
available in a specified manner; authorizing 29
electronic delivery of notices to persons who have 30
requested advance notice of agency rulemaking 31
proceedings; requiring an agency to prepare a 32
statement of estimated regulatory costs before 33
adopting or amending any rule other than an emergency 34
rule; providing that an agency is not required to 35
prepare a statement of estimated regulatory costs 36
before repealing a rule; providing an exception; 37
requiring that certain rule repeals be considered 38
presumptively correct in a proceeding before the 39
Division of Administrative Hearings or a court of 40
competent jurisdiction; revising the criteria under 41
which a proposed rule's a dverse impact on small 42
businesses is deemed to exist; requiring an agency to 43
provide notice of a regulatory alternative to the 44
Administrative Procedures Committee within a certain 45
timeframe; requiring certain agency personnel to 46
attend public hearings on p roposed rules; requiring an 47
agency to publish a notice of convening a separate 48
proceeding in certain circumstances; providing that 49
rulemaking deadlines are tolled during such separate 50
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proceedings; revising the requirements for the 51
contents of a notice of c hange; requiring the 52
committee to notify the Department of State that the 53
date for an agency to adopt a rule has expired under 54
certain circumstances; requiring the department to 55
publish a notice of withdrawal under certain 56
circumstances; requiring emergenc y rules to be 57
published in the Florida Administrative Code; 58
prohibiting agencies from making changes to emergency 59
rules by superseding the rule; authorizing an agency 60
to make technical changes to an emergency rule during 61
a specified timeframe; requiring an agency to file a 62
copy of a certain petition with the committee; making 63
technical changes; amending s. 120.541, F.S.; 64
requiring an agency to provide a copy of a proposal 65
for a lower cost regulatory alternative to the 66
committee within a certain timeframe; s pecifying the 67
circumstances under which such proposal is deemed to 68
be made in good faith; revising requirements for an 69
agency's consideration of a lower cost regulatory 70
alternative; providing for an agency's revision and 71
publication of a revised statement of estimated 72
regulatory costs in response to such alternatives; 73
requiring that the revised statement of estimated 74
regulatory costs be made available in the same manner 75
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as the original; deleting the definition of the term 76
"transactional costs"; revising the applicability of 77
specified provisions; providing additional 78
requirements for the calculation of estimated 79
regulatory costs; making technical changes; conforming 80
provisions to changes made by the act; conforming a 81
cross-reference; creating s. 120.5435, F.S .; providing 82
legislative intent; requiring agency review of rules 83
and repromulgation of rules that do not require 84
substantive changes within a specified timeframe; 85
providing the effect of a failure to adhere to certain 86
deadlines; requiring an agency to pub lish a notice of 87
repromulgation in the Florida Administrative Register 88
and file a rule for promulgation with the department 89
within a specified timeframe; requiring an agency to 90
file a notice of repromulgation with the committee 91
within a specified timeframe ; requiring the committee 92
to provide the department a certain notice; requiring 93
the department to publish the notice in the Florida 94
Administrative Register; providing that a notice of 95
repromulgation is not required to include the text of 96
the rule being repromulgated; requiring the committee 97
to certify if the agency has provided certain 98
responses to the committee; providing that a 99
repromulgated rule is not subject to challenge as a 100
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proposed rule and that certain hearing requirements do 101
not apply; requiring a n agency to file a specified 102
number of certified copies of a proposed repromulgated 103
rule and any material incorporated by reference; 104
providing that a repromulgated rule is adopted upon 105
filing with the department and becomes effective after 106
a specified time; requiring the department to update 107
certain information in the Florida Administrative 108
Code; requiring the submission of certain rules to the 109
Legislature within a certain period; requiring the 110
department to adopt rules by a certain date; creating 111
s. 120.5436, F.S.; providing legislative intent; 112
requiring the Department of Environmental Protection 113
and water management districts to conduct a review of 114
certain permitting processes and permit programs; 115
requiring the review to consider certain factors; 116
requiring the department and water management 117
districts to provide a report to the Governor and 118
Legislature by a certain date; amending s. 120.545, 119
F.S.; requiring the committee to examine certain 120
existing rules; amending s. 120.55, F.S.; requiring 121
the Department of State to publish the Florida 122
Administrative Code daily at a specified time; 123
requiring the department to indicate a rule was 124
corrected or replaced by republishing the code and 125
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noting the rule was corrected; requiring materials 126
incorporated by reference to be filed in a specified 127
manner; requiring the department to include the date 128
of a technical rule change in the Florida 129
Administrative Code; providing that a technical change 130
does not affect the effective date of a rule; 131
requiring the department to adopt s pecified rules; 132
amending s. 120.56, F.S.; conforming a cross -133
reference; amending s. 120.74, F.S.; requiring an 134
agency to list each rule it plans to develop, adopt, 135
or repeal during the forthcoming year in the agency's 136
annual regulatory plan; requiring that an agency's 137
annual regulatory plan identify any rules that are 138
required to be repromulgated during the forthcoming 139
year; requiring the agency to make certain 140
declarations concerning the annual regulatory plan; 141
amending ss. 120.80, 120.81, 420.9072, 420.90 75, and 142
443.091, F.S.; conforming cross -references; providing 143
an effective date. 144
145
Be It Enacted by the Legislature of the State of Florida: 146
147
Section 1. Subsections (16) through (19) and subsections 148
(20), (21), and (22) of section 120.52, Florida St atutes, are 149
redesignated as subsections (17) through (20) and subsections 150
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(22), (23), and (24), respectively, and new subsections (16) and 151
(21) are added to that section, to read: 152
120.52 Definitions. —As used in this act: 153
(16) "Repromulgation" means the publication and adoption 154
of an existing rule following an agency's review of the rule for 155
consistency with the powers and duties granted by its enabling 156
statute. 157
(21) "Technical change" means a change limited to 158
correcting grammatical, typographical, an d similar errors not 159
affecting the substance of a rule. 160
Section 2. Paragraph (i) of subsection (1), subsections 161
(2) and (3), and paragraph (a) of subsection (7) of section 162
120.54, Florida Statutes, are amended, and paragraphs (e) and 163
(f) are added to subsection (4) of that section, to read: 164
120.54 Rulemaking.— 165
(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 166
EMERGENCY RULES.— 167
(i)1. A rule may incorporate material by reference but 168
only as the material exists on the date the rule is adopted . For 169
purposes of the rule, changes in the material are not effective 170
unless the rule is amended to incorporate the changes. 171
2. An agency rule that incorporates by specific reference 172
another rule of that agency automatically incorporates 173
subsequent amendments to the referenced rule unless a contrary 174
intent is clearly indicated in the referencing rule. A notice of 175
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amendments to a rule that has been incorporated by specific 176
reference in other rules of that agency must explain the effect 177
of those amendments on the referencing rules. 178
3. In rules adopted after December 31, 2010, and rules 179
repromulgated on or after July 1, 2023, material may not be 180
incorporated by reference unless: 181
a. The material has been submitted in the prescribed 182
electronic format to the Department of State and the full text 183
of the material can be made available for free public access 184
through an electronic hyperlink from the rule making the 185
reference in the Florida Administrative Code; or 186
b. The agency has determined that posting the ma terial on 187
the Internet for purposes of public examination and inspection 188
would constitute a violation of federal copyright law, in which 189
case a statement to that effect, along with the address of 190
locations at the Department of State and the agency at which the 191
material is available for public inspection and examination, 192
must be included in the notice required by subparagraph (3)(a)1. 193
4. A rule may not be amended by reference only. Amendments 194
must set out the amended rule in full in the same manner as 195
required by the State Constitution for laws. 196
5. Notwithstanding any contrary provision in this section, 197
when an adopted rule of the Department of Environmental 198
Protection or a water management district is incorporated by 199
reference in the other agency's rule to implement a provision of 200
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part IV of chapter 373, subsequent amendments to the rule are 201
not effective as to the incorporating rule unless the agency 202
incorporating by reference notifies the committee and the 203
Department of State of its intent to adopt the subsequent 204
amendment, publishes notice of such intent in the Florida 205
Administrative Register, and files with the Department of State 206
a copy of the amended rule incorporated by reference. Changes in 207
the rule incorporated by reference are effective as to the other 208
agency 20 days after the date of th e published notice and filing 209
with the Department of State. The Department of State shall 210
amend the history note of the incorporating rule to show the 211
effective date of such change. Any substantially affected person 212
may, within 14 days after the date of pu blication of the notice 213
of intent in the Florida Administrative Register, file an 214
objection to rulemaking with the agency. The objection must 215
shall specify the portions of the rule incorporated by reference 216
to which the person objects and the reasons for t he objection. 217
The agency does shall not have the authority under this 218
subparagraph to adopt those portions of the rule specified in 219
such objection. The agency shall publish notice of the objection 220
and of its action in response in the next available issue o f the 221
Florida Administrative Register. 222
6. The Department of State may adopt by rule requirements 223
for incorporating materials pursuant to this paragraph. 224
(2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 225
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(a)1. Except when the intended action is the repeal of a 226
rule, agencies shall provide notice of the development of 227
proposed rules by publication of a notice of rule development in 228
the Florida Administrative Register before providing notice of a 229
proposed rule as required by paragraph (3)(a). The notice of 230
rule development must shall indicate the subject area to be 231
addressed by rule development, provide a short, plain 232
explanation of the purpose and effect of the proposed rule, cite 233
the grant of rulemaking authority for the proposed rule and the 234
law being implemented specific legal authority for the proposed 235
rule, and include the proposed rule number and the preliminary 236
text of the proposed rules, if available, or a statement of how 237
a person may promptly obtain, without cost, a copy of any 238
preliminary draft, when if available. The notice must also 239
include a request for the submission of any information that 240
would be helpful to the agency in preparing the statement of 241
estimated regulatory costs required pursuant to paragraph (3)(b) 242
and a statement of h ow a person may submit comments to the 243
proposal and how a person may provide information regarding the 244
potential regulatory costs. 245
2. If a notice of a proposed rule is not filed within 12 246
months after the most recent notice of rule development, the 247
agency must withdraw the rule and publish notice of the 248
withdrawal in the next available issue of the Florida 249
Administrative Register. 250
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(b) All rules should be drafted in readable language. The 251
language is readable if it: 252
1. It Avoids the use of obscure word s and unnecessarily 253
long or complicated constructions; and 254
2. It Avoids the use of unnecessary technical or 255
specialized language that is understood only by members of 256
particular trades or professions. 257
(c) An agency may hold public workshops for purpose s of 258
rule development and information gathering for the preparation 259
of the statement of estimated regulatory costs . If requested in 260
writing by any affected person, an agency must hold public 261
workshops, including workshops in various regions of the state 262
or the agency's service area, for purposes of rule development 263
and information gathering for the preparation of the statement 264
of estimated regulatory costs if requested in writing by any 265
affected person, unless the agency head explains in writing why 266
a workshop is unnecessary. The explanation is not final agency 267
action subject to review pursuant to ss. 120.569 and 120.57. The 268
failure to provide the explanation when required may be a 269
material error in procedure pursuant to s. 120.56(1)(c). When a 270
workshop or public hearing is held, the agency must ensure that 271
the persons responsible for preparing the proposed rule and the 272
statement of estimated regulatory costs are available to receive 273
public input, to explain the agency's proposal , and to respond 274
to questions or comments regarding the rule being developed and 275
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the statement of estimated regulatory costs . The workshop may be 276
facilitated or mediated by a neutral third person, or the agency 277
may employ other types of dispute resolution alternatives for 278
the workshop that are appropriate for rule development and for 279
preparation of the statement of estimated regulatory costs . 280
Notice of a workshop for rule development and for preparation of 281
the statement of estimated regulatory costs must workshop shall 282
be by publication in the Florida Administrative Register not 283
less than 14 days before prior to the date on which the workshop 284
is scheduled to be held and must shall indicate the subject area 285
that which will be addressed; the agency contact person; and the 286
place, date, and time of the workshop. 287
(d)1. An agency may use negotiated rulemaking in 288
developing and adopting rules. The agency should consider the 289
use of negotiated rulemaking when complex rules are being 290
drafted or strong opposition to the rules is anticipated. The 291
agency should consider, but is not limited to considering, 292
whether a balanced committee of interested persons who will 293
negotiate in good faith can be assembled, whether the agency is 294
willing to support the work of the negotiating committee, and 295
whether the agency can use the group consensus as the basis for 296
its proposed rule. Negotiated rulemaking uses a committee of 297
designated representatives to draft a mutually acceptable 298
proposed rule and to develop information necessary to prepare a 299
statement of estimate d regulatory costs, when applicable . 300
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2. An agency that chooses to use the negotiated rulemaking 301
process described in this paragraph shall publish in the Florida 302
Administrative Register a notice of negotiated rulemaking that 303
includes a listing of the representative groups that will be 304
invited to participate in the negotiated rulemaking process. Any 305
person who believes that his or her interest is not adequately 306
represented may apply to participate within 30 days after 307
publication of the notice. All meetings of the negotiating 308
committee shall be noticed and open to the public pursuant to 309
the provisions of this chapter. The negotiating committee shall 310
be chaired by a neutral facilitator or mediator. 311
3. The agency's decision to use negotiated rulemaking, its 312
selection of the representative groups , and approval or denial 313
of an application to participate in the negotiated rulemaking 314
process are not agency action. Nothing in This subparagraph is 315
not intended to affect the rights of a substantially an affected 316
person to challenge a proposed rule devel oped under this 317
paragraph in accordance with s. 120.56(2). 318
(3) ADOPTION PROCEDURES. — 319
(a) Notices.— 320
1. Before Prior to the adoption, amendment, or repeal of 321
any rule other than an emergency rule, an agency, upon approval 322
of the agency head, shall give notice of its intended action, 323
setting forth a short, plain explanation of the purpose and 324
effect of the proposed action; the rule number and full text of 325
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the proposed rule or amendment and a summary thereof; a 326
reference to the grant of rulemaking authori ty pursuant to which 327
the rule is adopted; and a reference to the section or 328
subsection of the Florida Statutes or the Laws of Florida being 329
implemented or interpreted. The notice must include a concise 330
summary of the agency's statement of the estimated reg ulatory 331
costs, if one has been prepared, based on the factors set forth 332
in s. 120.541(2), which describes the regulatory impact of the 333
rule in readable language; an agency website address where the 334
statement of estimated regulatory costs can be viewed in i ts 335
entirety; a statement that any person who wishes to provide the 336
agency with information regarding the statement of estimated 337
regulatory costs, or to provide a proposal for a lower cost 338
regulatory alternative as provided by s. 120.541(1), must do so 339
in writing within 21 days after publication of the notice; a 340
request for the submission of any information that could be 341
helpful to the agency regarding the statement of estimated 342
regulatory costs; and a statement as to whether, based on the 343
statement of the estimated regulatory costs or other information 344
expressly relied upon and described by the agency if no 345
statement of regulatory costs is required , the proposed rule is 346
expected to require legislative ratification pursuant to s. 347
120.541(3). The notice must s tate the procedure for requesting a 348
public hearing on the proposed rule. Except when the intended 349
action is the repeal of a rule, the notice must include a 350
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reference both to the date on which and to the place where the 351
notice of rule development that is re quired by subsection (2) 352
appeared. 353
2. The notice must shall be published in the Florida 354
Administrative Register at least 7 days after the publication of 355
the notice of rule development and at least not less than 28 356
days before prior to the intended action. The proposed rule, 357
including all materials proposed to be incorporated by reference 358
and the statement of estimated regulatory costs, must shall be 359
available for inspection and copying by the public at the time 360
of the publication of notice. Material proposed to be 361
incorporated by reference in the notice must be made available 362
in the manner prescribed by sub -subparagraph (1)(i)3.a. or sub -363
subparagraph (1)(i)3.b. 364
3. The notice must shall be mailed to all persons named in 365
the proposed rule and mailed or delivered electronically to all 366
persons who, at least 14 days before publication of the notice 367
prior to such mailing , have made requests of the agency for 368
advance notice of its proceedings. The agency shall also give 369
such notice as is prescribed by rule to th ose particular classes 370
of persons to whom the intended action is directed. 371
4. The adopting agency shall file with the committee, at 372
least 21 days before prior to the proposed adoption date, a copy 373
of each rule it proposes to adopt; a copy of any material 374
incorporated by reference in the rule; a detailed written 375
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statement of the facts and circumstances justifying the proposed 376
rule; a copy of the any statement of estimated regulatory costs 377
that has been prepared pursuant to s. 120.541; a statement of 378
the extent to which the proposed rule relates to federal 379
standards or rules on the same subject; and the notice required 380
by subparagraph 1. 381
(b) Special matters to be considered in rule adoption. — 382
1. Statement of estimated regulatory costs. —Before the 383
adoption or, amendment, or repeal of any rule, other than an 384
emergency rule, an agency must is encouraged to prepare a 385
statement of estimated regulatory costs of the proposed rule, as 386
provided by s. 120.541. However, an agency is not required to 387
prepare a statement of estimated regulatory costs for a rule 388
repeal unless such repeal would impose a regulatory cost. In any 389
challenge to a rule repeal, a rule repeal that only reduces or 390
eliminates regulations on those individuals or entities 391
presently regulated by the r ule must be considered presumptively 392
correct in any proceeding before the division or in any 393
proceeding before a court of competent jurisdiction However, an 394
agency must prepare a statement of estimated regulatory costs of 395
the proposed rule, as provided by s. 120.541, if: 396
a. The proposed rule will have an adverse impact on small 397
business; or 398
b. The proposed rule is likely to directly or indirectly 399
increase regulatory costs in excess of $200,000 in the aggregate 400
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in this state within 1 year after the imple mentation of the 401
rule. 402
2. Small businesses, small counties, and small cities. — 403
a. For purposes of this subsection and s. 120.541(2), an 404
adverse impact on small businesses, as defined in s. 288.703 or 405
sub-subparagraph b., exists if, for any small business: 406
(I) An owner, officer, operator, or manager must complete 407
any education, training, or testing to comply, or is likely to 408
spend at least 10 hours or purchase professional advice to 409
understand and comply, with the rule in the first year; 410
(II) Taxes or fees assessed on transactions are likely to 411
increase by $500 or more in the aggregate in 1 year; 412
(III) Prices charged for goods and services are restricted 413
or are likely to increase because of the rule; 414
(IV) Specially trained, licensed, or test ed employees will 415
be required because of the rule; 416
(V) Operating costs are expected to increase by at least 417
$1,000 annually because of the rule; or 418
(VI) Capital expenditures in excess of $1,000 are 419
necessary to comply with the rule. 420
b. Each agency, before the adoption, amendment, or repeal 421
of a rule, shall consider the impact of the rule on small 422
businesses as defined in by s. 288.703 and the impact of the 423
rule on small counties or small cities as defined in by s. 424
120.52. Whenever prac ticable, an agency shall tier its rules to 425
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reduce disproportionate impacts on small businesses, small 426
counties, or small cities to avoid regulating small businesses, 427
small counties, or small cities that do not contribute 428
significantly to the problem the ru le is designed to address. An 429
agency may define "small business" to include businesses 430
employing more than 200 persons, may define "small county" to 431
include those with populations of more than 75,000, and may 432
define "small city" to include those with popul ations of more 433
than 10,000, if it finds that such a definition is necessary to 434
adapt a rule to the needs and problems of small businesses, 435
small counties, or small cities. The agency shall consider each 436
of the following methods for reducing the impact of t he proposed 437
rule on small businesses, small counties, and small cities, or 438
any combination of these entities: 439
(I) Establishing less stringent compliance or reporting 440
requirements in the rule. 441
(II) Establishing less stringent schedules or deadlines in 442
the rule for compliance or reporting requirements. 443
(III) Consolidating or simplifying the rule's compliance 444
or reporting requirements. 445
(IV) Establishing performance standards or best management 446
practices to replace design or operational standards in the 447
rule. 448
(V) Exempting small businesses, small counties, or small 449
cities from any or all requirements of the rule. 450
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c.b.(I) If the agency determines that the proposed action 451
will affect small businesses as defined by the agency as 452
provided in sub-subparagraph b. a., the agency must shall send 453
written notice of the rule to the rules ombudsman in the 454
Executive Office of the Governor at least 28 days before the 455
intended action. 456
(II) Each agency shall adopt those regulatory alternatives 457
offered by the rules ombudsman in the Executive Office of the 458
Governor and provided to the agency no later than 21 days after 459
the rules ombudsman's receipt of the written notice of the rule 460
which it finds are feasible and consistent with the stated 461
objectives of the proposed r ule and which would reduce the 462
impact on small businesses. When regulatory alternatives are 463
offered by the rules ombudsman in the Executive Office of the 464
Governor, the 90-day period for filing the rule in subparagraph 465
(e)2. is extended for a period of 21 d ays. The agency shall 466
provide notice to the committee of any regulatory alternative 467
offered to the agency pursuant to this sub -subparagraph at least 468
21 days before filing the rule for adoption. 469
(III) If an agency does not adopt all alternatives offered 470
pursuant to this sub-subparagraph, it must shall, before rule 471
adoption or amendment and pursuant to subparagraph (d)1., file a 472
detailed written statement with the committee explaining the 473
reasons for failure to adopt such alternatives. Within 3 working 474
days after the filing of such notice, the agency shall send a 475
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copy of such notice to the rules ombudsman in the Executive 476
Office of the Governor. 477
(c) Hearings.— 478
1. If the intended action concerns any rule other than one 479
relating exclusively to procedure o r practice, the agency must 480
shall, on the request of any affected person received within 21 481
days after the date of publication of the notice of intended 482
agency action, give affected persons an opportunity to present 483
evidence and argument on all issues unde r consideration. The 484
agency may schedule a public hearing on the proposed rule and, 485
if requested by any affected person, must shall schedule a 486
public hearing on the proposed rule. When a public hearing is 487
held, the agency must ensure that the persons responsible for 488
preparing the proposed rule and the statement of estimated 489
regulatory costs staff are in attendance available to explain 490
the agency's proposal and to respond to questions or comments 491
regarding the proposed rule, the statement of estimated 492
regulatory costs, and the agency's decision on whether to adopt 493
a lower cost regulatory alternative submitted pursuant to s. 494
120.541(1)(a). If the agency head is a board or other collegial 495
body created under s. 20.165(4) or s. 20.43(3)(g), and one or 496
more requested public hearings is scheduled, the board or other 497
collegial body must shall conduct at least one of the public 498
hearings itself and may not delegate this responsibility without 499
the consent of those persons requesting the public hearing. Any 500
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material pertinent to the issues under consideration submitted 501
to the agency within 21 days after the date of publication of 502
the notice or submitted to the agency between the date of 503
publication of the notice and the end of the final public 504
hearing must shall be considered by the agency and made a part 505
of the record of the rulemaking proceeding. 506
2. Rulemaking proceedings are shall be governed solely by 507
the provisions of this section unless a person timely asserts 508
that the person's substantial interests will be affecte d in the 509
proceeding and affirmatively demonstrates to the agency that the 510
proceeding does not provide adequate opportunity to protect 511
those interests. If the agency determines that the rulemaking 512
proceeding is not adequate to protect the person's interests , it 513
must shall suspend the rulemaking proceeding and convene a 514
separate proceeding under the provisions of ss. 120.569 and 515
120.57. The agency shall publish notice of convening a separate 516
proceeding in the Florida Administrative Register. Similarly 517
situated persons may be requested to join and participate in the 518
separate proceeding. Upon conclusion of the separate proceeding, 519
the rulemaking proceeding shall be resumed. All timelines in 520
this section are tolled during any suspension of the rulemaking 521
proceeding under this subparagraph, beginning on the date the 522
notice of convening a separate proceeding is published and 523
resuming on the day after conclusion of the separate proceeding. 524
(d) Modification or withdrawal of proposed rules. — 525
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1. After the final public hearing on the proposed rule, or 526
after the time for requesting a hearing has expired, if the 527
proposed rule has not been changed from the proposed rule as 528
previously filed with the committee, or contains only technical 529
changes, the adopting agency shall file a notice to that effect 530
with the committee at least 7 days before prior to filing the 531
proposed rule for adoption. Any change, other than a technical 532
change that does not affect the substance of the rule , must be 533
supported by the record of public hearings held on the proposed 534
rule, must be in response to written material submitted to the 535
agency within 21 days after the date of publication of the 536
notice of intended agency action or submitted to the agency 537
between the date of publi cation of the notice and the end of the 538
final public hearing, or must be in response to a proposed 539
objection by the committee. Any change, other than a technical 540
change, to a statement of estimated regulatory costs requires a 541
notice of change. In addition, when any change, other than a 542
technical change, to is made in a proposed rule text or any 543
material incorporated by reference requires , other than a 544
technical change, the adopting agency to shall provide a copy of 545
a notice of change by certified mail or ac tual delivery to any 546
person who requests it in writing no later than 21 days after 547
the notice required in paragraph (a). The agency shall file the 548
notice of change with the committee, along with the reasons for 549
the change, and provide the notice of change to persons 550
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requesting it, at least 21 days before prior to filing the 551
proposed rule for adoption. The notice of change must shall be 552
published in the Florida Administrative Register at least 21 553
days before prior to filing the proposed rule for adoption. The 554
notice of change must include a summary of any revision of the 555
statement of estimated regulatory costs required by s. 556
120.541(1)(c). This subparagraph does not apply to emergency 557
rules adopted pursuant to subsection (4). Material proposed to 558
be incorporated by reference in the notice required by this 559
subparagraph must be made available in the manner prescribed by 560
sub-subparagraph (1)(i)3.a. or sub -subparagraph (1)(i)3.b. 561
2. After the notice required by paragraph (a) and before 562
prior to adoption, the agency may withdraw the proposed rule in 563
whole or in part. 564
3. After the notice required by paragraph (a), the agency 565
must withdraw the proposed rule if the agency has failed to 566
adopt it within the prescribed timeframes in this chapter. If 567
the agency, 30 days after notice by the committee that the 568
agency has failed to adopt the proposed rule within the 569
prescribed timeframes in this chapter, has not given notice of 570
the withdrawal of the rule, the committee must notify the 571
Department of State that the date for adoption of the rule has 572
expired, and the Department of State must publish a notice of 573
withdrawal of the proposed rule. 574
4. After adoption and before the rule becomes effective, a 575
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rule may be modified or withdrawn only in the following 576
circumstances: 577
a. When the committee objects to the rule; 578
b. When a final order, which is not subject to further 579
appeal, is entered in a rule challenge brought pursuant to s. 580
120.56 after the date of adoption but before the rule becomes 581
effective pursuant to subparagraph (e)6.; 582
c. If the rule requires ratification, when more than 90 583
days have passed since the rule was filed for adoption without 584
the Legislature ratifying the rule, in which case the rule may 585
be withdrawn but may not be modified; or 586
d. When the committee notifies the agency that an 587
objection to the rule is being considered, in which case the 588
rule may be modified to extend the effective date by not more 589
than 60 days. 590
5.4. The agency shall give notice of its decision to 591
withdraw or modify a rule in the fi rst available issue of the 592
publication in which the original notice of rulemaking was 593
published, shall notify those persons described in subparagraph 594
(a)3. in accordance with the requirements of that subparagraph, 595
and shall notify the Department of State i f the rule is required 596
to be filed with the Department of State. 597
6.5. After a rule has become effective, it may be repealed 598
or amended only through the rulemaking procedures specified in 599
this chapter. 600
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(e) Filing for final adoption; effective date. — 601
1. If the adopting agency is required to publish its rules 602
in the Florida Administrative Code, the agency, upon approval of 603
the agency head, must shall file with the Department of State 604
three certified copies of the rule it proposes to adopt; one 605
copy of any material incorporated by reference in the rule, 606
certified by the agency; a summary of the rule; a summary of any 607
hearings held on the rule; and a detailed written statement of 608
the facts and circumstances justifying the rule. Agencies not 609
required to publish their rules in the Florida Administrative 610
Code shall file one certified copy of the proposed rule, and the 611
other material required by this subparagraph, in the office of 612
the agency head, and such rules must shall be open to the 613
public. 614
2. A rule may not be filed for adoption less than 28 days 615
or more than 90 days after the notice required by paragraph (a), 616
until 21 days after the notice of change required by paragraph 617
(d), until 14 days after the final public hearing, until 21 days 618
after a statement of estimated regulatory costs required under 619
s. 120.541 has been provided to all persons who submitted a 620
lower cost regulatory alternative and made available to the 621
public at a readily accessible page on the agency's website , or 622
until the administrative law judge has rendered a decision under 623
s. 120.56(2), whichever applies. When a required notice of 624
change is published before prior to the expiration of the time 625
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to file the rule for adoption, the period during which a rule 626
must be filed for adoption is exten ded to 45 days after the date 627
of publication. If notice of a public hearing is published 628
before prior to the expiration of the time to file the rule for 629
adoption, the period during which a rule must be filed for 630
adoption is extended to 45 days after adjour nment of the final 631
hearing on the rule, 21 days after receipt of all material 632
authorized to be submitted at the hearing, or 21 days after 633
receipt of the transcript, if one is made, whichever is latest. 634
The term "public hearing" includes any public meeting held by 635
any agency at which the rule is considered. If a petition for an 636
administrative determination under s. 120.56(2) is filed, the 637
period during which a rule must be filed for adoption is 638
extended to 60 days after the administrative law judge files the 639
final order with the clerk or until 60 days after subsequent 640
judicial review is complete. 641
3. At the time a rule is filed, the agency shall certify 642
that the time limitations prescribed by this paragraph have been 643
complied with, that all statutory rulemak ing requirements have 644
been met, and that there is no administrative determination 645
pending on the rule. 646
4. At the time a rule is filed, the committee shall 647
certify whether the agency has responded in writing to all 648
material and timely written comments or written inquiries made 649
on behalf of the committee. The Department of State shall reject 650
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any rule that is not filed within the prescribed time limits; 651
that does not comply with all statutory rulemaking requirements 652
and rules of the Department of State; upon which an agency has 653
not responded in writing to all material and timely written 654
inquiries or written comments; upon which an administrative 655
determination is pending; or which does not include a statement 656
of estimated regulatory costs, if required. 657
5. If a rule has not been adopted within the time limits 658
imposed by this paragraph or has not been adopted in compliance 659
with all statutory rulemaking requirements, the agency proposing 660
the rule must shall withdraw the proposed rule and give notice 661
of its action in the next available issue of the Florida 662
Administrative Register. 663
6. The proposed rule shall be adopted on being filed with 664
the Department of State and becomes become effective 20 days 665
after being filed, on a later date specified in the notice 666
required by subparagraph (a)1., on a date required by statute, 667
or upon ratification by the Legislature pursuant to s. 668
120.541(3). Rules not required to be filed with the Department 669
of State shall become effective when adopted by the agency head, 670
on a later date specified by rule or statute, or upon 671
ratification by the Legislature pursuant to s. 120.541(3). If 672
the committee notifies an agency that an objection to a rule is 673
being considered, the agency may postpone the adoption of the 674
rule to accommodate revi ew of the rule by the committee. When an 675
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agency postpones adoption of a rule to accommodate review by the 676
committee, the 90-day period for filing the rule is tolled until 677
the committee notifies the agency that it has completed its 678
review of the rule. 679
680
For the purposes of this paragraph, the term "administrative 681
determination" does not include subsequent judicial review. 682
(4) EMERGENCY RULES. — 683
(e) Emergency rules must be published in the Florida 684
Administrative Code. 685
(f) An agency may not supersede an em ergency rule 686
currently in effect. Technical changes to an emergency rule may 687
be made within the first 7 days after adoption of the rule. 688
(7) PETITION TO INITIATE RULEMAKING. — 689
(a) Any person regulated by an agency or having 690
substantial interest in an ag ency rule may petition an agency to 691
adopt, amend, or repeal a rule or to provide the minimum public 692
information required by this chapter. The petition must shall 693
specify the proposed rule and action requested. The agency shall 694
file a copy of the petition w ith the committee. No Not later 695
than 30 calendar days after following the date of filing a 696
petition, the agency shall initiate rulemaking proceedings under 697
this chapter, otherwise comply with the requested action, or 698
deny the petition with a written statem ent of its reasons for 699
the denial. 700
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Section 3. Section 120.541, Florida Statutes, is amended 701
to read: 702
120.541 Statement of estimated regulatory costs. — 703
(1)(a) Within 21 days after publication of the notice of a 704
proposed rule or notice of change required under s. 705
120.54(3)(a), a substantially affected person may submit to an 706
agency a good faith written proposal for a lower cost regulatory 707
alternative to a proposed rule which substantially accomplishes 708
the objectives of the law being implemented. The agency shall 709
provide a copy of any proposal for a lower cost regulatory 710
alternative to the committee at least 21 days before filing the 711
rule for adoption. The proposal may include the alternative of 712
not adopting any rule if the proposal explains how the low er 713
costs and objectives of the law will be achieved by not adopting 714
any rule. If submitted after a notice of change, a proposal for 715
a lower cost regulatory alternative is deemed to be made in good 716
faith only if the person reasonably believes, and the propo sal 717
states, the person's reasons for believing that the proposed 718
rule as changed by the notice of change increases the regulatory 719
costs or creates an adverse impact on small businesses that was 720
not created by the previous proposed rule. If such a proposal is 721
submitted, the 90-day period for filing the rule is extended 21 722
days. Upon the submission of the lower cost regulatory 723
alternative, the agency shall prepare a statement of estimated 724
regulatory costs as provided in subsection (2), or shall revise 725
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its prior statement of estimated regulatory costs , and either 726
adopt the alternative proposal, reject the alternative proposal, 727
or modify the proposed rule to reduce the regulatory costs. If 728
the agency rejects the alternative proposal or modifies the 729
proposed rule, the agency shall or provide a statement of the 730
reasons for rejecting the alternative in favor of the proposed 731
rule. 732
(b) If a proposed rule will have an adverse impact on 733
small business or if the proposed rule is likely to directly or 734
indirectly increase regulatory costs in excess of $200,000 in 735
the aggregate within 1 year after the implementation of the 736
rule, the agency shall prepare a statement of estimated 737
regulatory costs as required by s. 120.54(3)(b). 738
(b)(c) The agency must shall revise a statement of 739
estimated regulatory costs if any change to the rule made under 740
s. 120.54(3)(d) increases the regulatory costs of the rule or if 741
the rule is modified in response to the submission of a lower 742
cost regulatory alternative. A summary of the revised state ment 743
must be included with any subsequent notice published under s. 744
120.54(3). 745
(c)(d) At least 21 days before filing the proposed rule 746
for adoption, an agency that is required to revise a statement 747
of estimated regulatory costs shall provide the statemen t to the 748
person who submitted the lower cost regulatory alternative , to 749
the rules ombudsman in the Executive Office of the Governor, and 750
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to the committee. The revised statement must be published and 751
made available in the same manner as the original stateme nt of 752
estimated regulatory costs and shall provide notice on the 753
agency's website that it is available to the public . 754
(d)(e) Notwithstanding s. 120.56(1)(c), the failure of the 755
agency to prepare and publish a statement of estimated 756
regulatory costs or to respond to a written lower cost 757
regulatory alternative as provided in this subsection is a 758
material failure to follow the applicable rulemaking procedures 759
or requirements set forth in this chapter. 760
(e)(f) An agency's failure to prepare a statement of 761
estimated regulatory costs or to respond to a written lower cost 762
regulatory alternative may not be raised in a proceeding 763
challenging the validity of a rule pursuant to s. 120.52(8)(a) 764
unless: 765
1. Raised in a petition filed no later than 1 year after 766
the effective date of the rule; and 767
2. Raised by a person whose substantial interests are 768
affected by the rule's regulatory costs. 769
(f)(g) A rule that is challenged pursuant to s. 770
120.52(8)(f) may not be declared invalid unless: 771
1. The issue is raised in an administrative proceeding 772
within 1 year after the effective date of the rule; 773
2. The challenge is to the agency's rejection of a lower 774
cost regulatory alternative offered under paragraph (a) or s. 775
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120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and 776
3. The substantial interests of the person challenging the 777
rule are materially affected by the rejection. 778
(2) A statement of estimated regulatory costs must shall 779
include: 780
(a) An economic analysis showing whether the rule directly 781
or indirectly: 782
1. Is likely to have an adverse impact on economic growth, 783
private sector job creation or employment, or private sector 784
investment in excess of $1 million in the aggregate within 5 785
years after the implementation of the rule; 786
2. Is likely to have an adverse impact on bus iness 787
competitiveness, including the ability of persons doing business 788
in the state to compete with persons doing business in other 789
states or domestic markets, productivity, or innovation in 790
excess of $1 million in the aggregate within 5 years after the 791
implementation of the rule; or 792
3. Is likely to increase regulatory costs, including all 793
any transactional costs and impacts estimated in the statement , 794
in excess of $1 million in the aggregate within 5 years after 795
the implementation of the rule. 796
(b) A good faith estimate of the number of individuals , 797
small businesses, and other entities likely to be required to 798
comply with the rule, together with a general description of the 799
types of individuals likely to be affected by the rule. 800
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(c) A good faith estimate of the cost to the agency, and 801
to any other state and local government entities, of 802
implementing and enforcing the proposed rule, and any 803
anticipated effect on state or local revenues. 804
(d) A good faith estimate of the compliance transactional 805
costs likely to be incurred by individuals and entities, 806
including local government entities, required to comply with the 807
requirements of the rule. As used in this section, 808
"transactional costs" are direct costs that are readily 809
ascertainable based upon stan dard business practices, and 810
include filing fees, the cost of obtaining a license, the cost 811
of equipment required to be installed or used or procedures 812
required to be employed in complying with the rule, additional 813
operating costs incurred, the cost of mon itoring and reporting, 814
and any other costs necessary to comply with the rule. 815
(e) An analysis of the impact on small businesses as 816
defined by s. 288.703, and an analysis of the impact on small 817
counties and small cities as defined in s. 120.52. The impact 818
analysis for small businesses must include the basis for the 819
agency's decision not to implement alternatives that would 820
reduce adverse impacts on small businesses. 821
(f) Any additional information that the agency determines 822
may be useful. 823
(g) In the statement or revised statement, whichever 824
applies, a description of any regulatory alternatives submitted 825
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under paragraph (1)(a) and a statement adopting the alternative 826
or a statement of the reasons for rejecting the alternative in 827
favor of the proposed rule . 828
(3) If the adverse impact or regulatory costs of the rule 829
exceed any of the criteria established in paragraph (2)(a), the 830
rule must shall be submitted to the President of the Senate and 831
Speaker of the House of Representatives no later than 30 days 832
before prior to the next regular legislative session, and the 833
rule may not take effect until it is ratified by the 834
Legislature. 835
(4) Subsection (3) does not apply to the adoption of: 836
(a) Federal standards pursuant to s. 120.54(6). 837
(b) Triennial updates of and amendments to the Florida 838
Building Code which are expressly authorized by s. 553.73. 839
(c) Triennial updates of and amendments to the Florida 840
Fire Prevention Code which are expressly authorized by s. 841
633.202. 842
(d) Emergency rules adopted pursuant to s. 120.54(4). 843
(5) For purposes of subsections (2) and (3), adverse 844
impacts and regulatory costs likely to occur within 5 years 845
after implementation of the rule include adverse impacts and 846
regulatory costs estimated to occur within 5 years after the 847
effective date of the rule. However, if any provision of the 848
rule is not fully implemented upon the effective date of the 849
rule, the adverse impacts and regulatory costs associated with 850
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such provision must be adjusted to include any additional 851
adverse impacts and regulatory costs estimated to occur within 5 852
years after implementation of such provision. 853
(6)(a) In evaluating the impacts described in paragraphs 854
(2)(a) and (e), an agency shall include good faith estimates of 855
market impacts likely to result from com pliance with the 856
proposed rule, including: 857
1. Increased customer charges for goods or services. 858
2. Decreased market value of goods or services produced, 859
provided, or sold. 860
3. Increased costs resulting from the purchase of 861
substitute or alternative go ods or services. 862
4. The reasonable value of time to be spent by owners, 863
officers, operators, and managers to understand and comply with 864
the proposed rule, including, but not limited to, time to be 865
spent to complete required education, training, or testin g. 866
5. Capital costs. 867
6. Any other impacts suggested by the rules ombudsman in 868
the Executive Office of the Governor or by any interested 869
persons. 870
(b) In estimating the information required in paragraphs 871
(2)(b)-(e), the agency may use surveys of indivi duals, 872
businesses, business organizations, counties, and municipalities 873
to collect data helpful to estimate the costs and impacts. 874
(c) In estimating compliance costs under paragraph (2)(d), 875
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the agency shall consider, among other matters, all direct and 876
indirect costs necessary to comply with the proposed rule which 877
are readily ascertainable based upon standard business 878
practices, including, but not limited to, costs related to: 879
1. Filing fees. 880
2. Expenses to obtain a license. 881
3. Necessary equipment. 882
4. Installation, utilities, and maintenance of necessary 883
equipment. 884
5. Necessary operations and procedures. 885
6. Accounting, financial, information management, and 886
other administrative processes. 887
7. Other processes. 888
8. Labor based on relevant rate s of wages, salaries, and 889
benefits. 890
9. Materials and supplies. 891
10. Capital expenditures, including financing costs. 892
11. Professional and technical services, including 893
contracted services necessary to implement and maintain 894
compliance. 895
12. Monitoring and reporting. 896
13. Qualifying and recurring education, training, and 897
testing. 898
14. Travel. 899
15. Insurance and surety requirements. 900
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16. A fair and reasonable allocation of administrative 901
costs and other overhead. 902
17. Reduced sales or othe r revenues. 903
18. Other items suggested by the rules ombudsman in the 904
Executive Office of the Governor or by any interested person, 905
business organization, or business representative. 906
(7)(a) The Department of State shall include on the 907
Florida Administrative Register website the agency website 908
addresses where statements of estimated regulatory costs can be 909
viewed in their entirety. 910
(b) An agency that prepares a statement of estimated 911
regulatory costs must provide, as part of the notice required 912
under s. 120.54(3)(a), the agency website address where the 913
statement of estimated regulatory costs can be read in its 914
entirety to the Department of State for publication in the 915
Florida Administrative Register. 916
(c) If an agency revises its statement of estimated 917
regulatory costs, the agency must provide notice that a revision 918
has been made. Such notice must include the agency website 919
address where the revision can be viewed in its entirety. 920
Section 4. Section 120.5435, Florida Statutes, is created 921
to read: 922
120.5435 Repromulgation of rules. — 923
(1) It is the intent of the Legislature that each agency 924
periodically review its rules for consistency with the powers 925
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and duties granted by its enabling statutes. 926
(2) If an agency determines after review that substa ntive 927
changes to update a rule are not required, such agency must 928
repromulgate the rule to reflect the date of the review. Each 929
agency shall review its rules pursuant to this section either 5 930
years after July 1, 2023, if the rule was adopted before January 931
1, 2010, or 10 years after the rule is adopted, if the rule was 932
adopted on or after January 1, 2010. Failure of an agency to 933
adhere to the deadlines imposed in this section shall be a basis 934
for any person regulated by the agency or having substantial 935
interest in the agency rule to petition the agency requesting 936
the agency to review the rule in accordance with this section. 937
Upon receipt of such a petition, the agency shall have 30 days 938
to either comply with the requirements of this section or, if 939
the agency determines that the duties imposed on the agency are 940
inapplicable at that time to the specified rule, deny the 941
petition with a statement explaining the basis for the denial. 942
(3) Before repromulgation of a rule, the agency must, upon 943
approval by the agen cy head or his or her designee: 944
(a) Publish a notice of repromulgation in the Florida 945
Administrative Register. A notice of repromulgation is not 946
required to include the text of the rule being repromulgated. 947
(b) File the rule for repromulgation with the Department 948
of State. A rule may not be filed for repromulgation less than 949
28 days, and not more than 90 days, after the date of 950
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publication of the notice required by paragraph (a). 951
(4) The agency must file a notice of repromulgation with 952
the committee at least 14 days before filing the rule for 953
repromulgation. At the time the rule is filed for 954
repromulgation, the committee shall certify whether the agency 955
has responded in writing to all material and timely written 956
comments or written inquiries made on be half of the committee. 957
(5) A repromulgated rule is not subject to challenge as a 958
proposed rule pursuant to s. 120.56(2). 959
(6) The hearing requirements of s. 120.54 do not apply to 960
repromulgation of a rule. 961
(7)(a) The agency, upon approval of the agenc y head or his 962
or her designee, shall file with the Department of State three 963
certified copies of the repromulgated rule it proposes to adopt 964
and one certified copy of any material incorporated by reference 965
in the rule. 966
(b) The repromulgated rule shall be adopted upon filing 967
with the Department of State and becomes effective 20 days after 968
the date it is filed. 969
(c) The Department of State shall update the history note 970
of the rule in the Florida Administrative Code to reflect the 971
effective date of the repr omulgated rule. 972
(8) Any rule that is not repromulgated in accordance with 973
this section must be submitted to the President of the Senate 974
and the Speaker of the House of Representatives within 7 days 975
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after the decision to not repromulgate the rule. The dec ision to 976
not repromulgate shall not become effective until the conclusion 977
of the next regular session of the Legislature following the 978
decision. 979
(9) The Department of State shall adopt rules to implement 980
this section by December 31, 2023. 981
Section 5. Section 120.5436, Florida Statutes, is created 982
to read: 983
120.5436 Infrastructure permitting review. — 984
(1)(a) It is the intent of the Legislature to build a more 985
resilient and responsive government infrastructure to allow 986
quick recovery after natural disasters including hurricanes and 987
tropical storms. 988
(b) It is the intent of the Legislature to promote 989
efficiency in the state's government across branches, agencies, 990
and other governmental entities and to identify areas of 991
improvement within each that a llows for quick, effective 992
delivery of services. 993
(c) Further, the Legislature intends for the state to seek 994
out ways to improve its administrative procedures in relevant 995
fields to build a streamlined permitting process that withstands 996
disruptions caused by natural disasters including hurricanes and 997
tropical storms. 998
(2)(a) The Department of Environmental Protection and 999
water management districts shall conduct a holistic review of 1000
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their current coastal permitting processes and other permit 1001
programs. These permitting processes shall include, but not be 1002
limited to, coastal construction control line permits, joint 1003
coastal permits, environmental resource permits, and, consistent 1004
with the terms of the United States Environmental Protection 1005
Agency's approval, st ate-administered 404 permits. 1006
(b) The scope and purpose of the review shall be to 1007
identify areas of improvement to increase efficiency within each 1008
process. Factors that must be considered in the review include 1009
the following: 1010
1. The requirements to obta in a permit. 1011
2. Time periods for review, including by commenting 1012
agencies, and approval of the permit application. 1013
3. Areas for improved efficiency and decision -point 1014
consolidation within a single project's process. 1015
4. Areas of duplication across one or more permit 1016
programs. 1017
5. The methods of requesting permits. 1018
6. Any other factors that may increase the efficiency of 1019
permitting processes and may allow improved storm recovery. 1020
(c) By December 31, 2023, the department and water 1021
management districts shall provide their findings and proposed 1022
solutions in a report to the Governor, the President of the 1023
Senate, and the Speaker of the House of Representatives. 1024
Section 6. Subsection (1) of section 120.545, Florida 1025
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Statutes, is amended to read: 1026
120.545 Committee review of agency rules. — 1027
(1) As a legislative check on legislatively created 1028
authority, the committee shall examine each existing rule and 1029
proposed rule, except for those proposed rules exempted by s. 1030
120.81(1)(e) and (2), and its accompany ing material, and each 1031
emergency rule, and may examine any existing rule, for the 1032
purpose of determining whether: 1033
(a) The rule is an invalid exercise of delegated 1034
legislative authority. 1035
(b) The statutory authority for the rule has been 1036
repealed. 1037
(c) The rule reiterates or paraphrases statutory material. 1038
(d) The rule is in proper form. 1039
(e) The notice given before prior to its adoption was 1040
sufficient to give adequate notice of the purpose and effect of 1041
the rule. 1042
(f) The rule is consistent with exp ressed legislative 1043
intent pertaining to the specific provisions of law which the 1044
rule implements. 1045
(g) The rule is necessary to accomplish the apparent or 1046
expressed objectives of the specific provision of law which the 1047
rule implements. 1048
(h) The rule is a reasonable implementation of the law as 1049
it affects the convenience of the general public or persons 1050
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particularly affected by the rule. 1051
(i) The rule could be made less complex or more easily 1052
comprehensible to the general public. 1053
(j) The rule's statemen t of estimated regulatory costs 1054
complies with the requirements of s. 120.541 and whether the 1055
rule does not impose regulatory costs on the regulated person, 1056
county, or city which could be reduced by the adoption of less 1057
costly alternatives that substantiall y accomplish the statutory 1058
objectives. 1059
(k) The rule will require additional appropriations. 1060
(l) If the rule is an emergency rule, there exists an 1061
emergency justifying the adoption of such rule, the agency is 1062
within its statutory authority, and the rule was adopted in 1063
compliance with the requirements and limitations of s. 1064
120.54(4). 1065
Section 7. Paragraphs (a) and (c) of subsection (1) of 1066
section 120.55, Florida Statutes, are amended to read: 1067
120.55 Publication. — 1068
(1) The Department of State shall: 1069
(a)1. Through a continuous revision and publication 1070
system, compile and publish electronically, on a website managed 1071
by the department, the "Florida Administrative Code." The 1072
Florida Administrative Code must shall contain all rules adopted 1073
by each agency, citing the grant of rulemaking authority and the 1074
specific law implemented pursuant to which each rule was 1075
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adopted, all history notes as authorized in s. 120.545(7), 1076
complete indexes to all rules contained in the code, and any 1077
other material required or a uthorized by law or deemed useful by 1078
the department. The electronic code must shall display each rule 1079
chapter currently in effect in browse mode and allow full text 1080
search of the code and each rule chapter. The department may 1081
contract with a publishing fir m for a printed publication; 1082
however, the department shall retain responsibility for the code 1083
as provided in this section. The electronic publication is shall 1084
be the official compilation of the administrative rules of this 1085
state. The Florida Administrative Code must be published daily 1086
by 8 a.m. If a rule, after publication, is corrected and 1087
replaced, the Florida Administrative Code must indicate: 1088
a. That the Florida Administrative Code has been 1089
republished; and 1090
b. That the rule that has been corrected b y the Department 1091
of State. 1092
1093
The Department of State retains shall retain the copyright over 1094
the Florida Administrative Code. 1095
2. Not publish rules in the Florida Administrative Code 1096
which are general in form but applicable to only one school 1097
district, community college district, or county, or a part 1098
thereof, or state university rules relating to internal 1099
personnel or business and finance shall not be published in the 1100
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Florida Administrative Cod e. Exclusion from publication in the 1101
Florida Administrative Code does shall not affect the validity 1102
or effectiveness of such rules. 1103
3. At the beginning of the section of the code dealing 1104
with an agency that files copies of its rules with the 1105
department, the department shall publish the address and 1106
telephone number of the executive offices of each agency, the 1107
manner by which the agency indexes its rules, a listing of all 1108
rules of that agency excluded from publication in the code, and 1109
a statement as to wher e those rules may be inspected. 1110
4. Not publish forms shall not be published in the Florida 1111
Administrative Code; but any form which an agency uses in its 1112
dealings with the public, along with any accompanying 1113
instructions, shall be filed with the committee before it is 1114
used. Any form or instruction which meets the definition of 1115
"rule" provided in s. 120.52 must shall be incorporated by 1116
reference into the appropriate rule. The reference must shall 1117
specifically state that the form is being incorporated by 1118
reference and must shall include the number, title, and 1119
effective date of the form and an explanation of how the form 1120
may be obtained. Each form created by an agency which is 1121
incorporated by reference in a rule notice of which is given 1122
under s. 120.54(3)(a) a fter December 31, 2007, must clearly 1123
display the number, title, and effective date of the form and 1124
the number of the rule in which the form is incorporated. 1125
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5. Require all materials incorporated by reference in any 1126
part of an adopted rule and in any part of a repromulgated rule 1127
The department shall allow adopted rules and material 1128
incorporated by reference to be filed in the manner prescribed 1129
by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by 1130
department rule. When a rule is filed for adoption or 1131
repromulgation with incorporated material in electronic form, 1132
the department's publication of the Florida Administrative Code 1133
on its website must contain a hyperlink from the incorporating 1134
reference in the rule directly to that material. The department 1135
may not allow hyperlinks from rules in the Florida 1136
Administrative Code to any material other than that filed with 1137
and maintained by the department, but may allow hyperlinks to 1138
incorporated material maintained by the department from the 1139
adopting agency's web site or other sites. 1140
6. Include the date of any technical changes to a rule in 1141
the history note of the rule in the Florida Administrative Code. 1142
A technical change does not affect the effective date of the 1143
rule. 1144
(c) Prescribe by rule the style and form required for 1145
rules, notices, and other materials submitted for filing , 1146
including a rule requiring documents created by an agency that 1147
are proposed to be incorporated by reference in notices 1148
published pursuant to s. 120.54(3)(a) and (d) to be coded in the 1149
same manner as notices published pursuant to s. 120.54(3)(a)1 . 1150
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Section 8. Paragraph (a) of subsection (2) of section 1151
120.56, Florida Statutes, is amended to read: 1152
120.56 Challenges to rules. — 1153
(2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS. — 1154
(a) A petition alleging the invalidity of a proposed rule 1155
shall be filed within 21 days after the date of publication of 1156
the notice required by s. 120.54(3)(a); within 10 days after the 1157
final public hearing is held on the proposed rule as provided by 1158
s. 120.54(3)(e)2.; within 20 days after the statement of 1159
estimated regulatory costs or revised statement of estimated 1160
regulatory costs, if applicable, has been prepared and made 1161
available as provided in s. 120.541(1)(c) s. 120.541(1)(d); or 1162
within 20 days after t he date of publication of the notice 1163
required by s. 120.54(3)(d). The petitioner has the burden to 1164
prove by a preponderance of the evidence that the petitioner 1165
would be substantially affected by the proposed rule. The agency 1166
then has the burden to prove by a preponderance of the evidence 1167
that the proposed rule is not an invalid exercise of delegated 1168
legislative authority as to the objections raised. A person who 1169
is not substantially affected by the proposed rule as initially 1170
noticed, but who is substantiall y affected by the rule as a 1171
result of a change, may challenge any provision of the resulting 1172
proposed rule. 1173
Section 9. Subsection (1) and paragraph (a) of subsection 1174
(2) of section 120.74, Florida Statutes, are amended to read: 1175
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120.74 Agency annual r ulemaking and regulatory plans; 1176
reports.— 1177
(1) REGULATORY PLAN. —By October 1 of each year, each 1178
agency shall prepare a regulatory plan. 1179
(a) The plan must include a listing of each law enacted or 1180
amended during the previous 12 months which creates or mod ifies 1181
the duties or authority of the agency. If the Governor or the 1182
Attorney General provides a letter to the committee stating that 1183
a law affects all or most agencies, the agency may exclude the 1184
law from its plan. For each law listed by an agency under th is 1185
paragraph, the plan must state: 1186
1. Whether the agency must adopt rules to implement the 1187
law. 1188
2. If rulemaking is necessary to implement the law: 1189
a. Whether a notice of rule development has been published 1190
and, if so, the citation to such notice in the Florida 1191
Administrative Register. 1192
b. The date by which the agency expects to publish the 1193
notice of proposed rule under s. 120.54(3)(a). 1194
3. If rulemaking is not necessary to implement the law, a 1195
concise written explanation of the reasons why the law may be 1196
implemented without rulemaking. 1197
(b) The plan must also identify and describe each rule, 1198
including each rule number or proposed rule number, that include 1199
a listing of each law not otherwise listed pursuant to paragraph 1200
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(a) which the agency expects to develop, adopt, or repeal for 1201
the 12-month period beginning on October 1 and ending on 1202
September 30 implement by rulemaking before the following July 1203
1, excluding emergency rules except emergency rulemaking . For 1204
each rule law listed under this paragraph , the plan must state 1205
whether the rulemaking is intended to simplify, clarify, 1206
increase efficiency, improve coordination with other agencies, 1207
reduce regulatory costs, or delete obsolete, unnecessary, or 1208
redundant rules. 1209
(c) The plan must include any desi red update to the prior 1210
year's regulatory plan or supplement published pursuant to 1211
subsection (7). If, in a prior year, a law was identified under 1212
this paragraph or under subparagraph (a)1. as a law requiring 1213
rulemaking to implement but a notice of propose d rule has not 1214
been published: 1215
1. The agency must shall identify and again list such law, 1216
noting the applicable notice of rule development by citation to 1217
the Florida Administrative Register; or 1218
2. If the agency has subsequently determined that 1219
rulemaking is not necessary to implement the law, the agency 1220
must shall identify such law, reference the citation to the 1221
applicable notice of rule development in the Florida 1222
Administrative Register, and pr ovide a concise written 1223
explanation of the reason why the law may be implemented without 1224
rulemaking. 1225
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(d) The plan must identify any rules that are required to 1226
be repromulgated pursuant to s. 120.5435 for the 12 -month period 1227
beginning on October 1 and end ing on September 30. 1228
(e) The plan must include a certification executed on 1229
behalf of the agency by both the agency head, or, if the agency 1230
head is a collegial body, the presiding officer; and the 1231
individual acting as principal legal advisor to the agency head. 1232
The certification must declare: 1233
1. Verify That the persons executing the certification 1234
have reviewed the plan. 1235
2. Verify That the agency regularly reviews all of its 1236
rules and identify the period during which all rules have most 1237
recently been reviewed to determine if the rules remain 1238
consistent with the agency's rulemaking authority and the laws 1239
implemented. 1240
3. That the agency understands that regulatory 1241
accountability is necessary to ensure public confidence in the 1242
integrity of state government and, to that end, the agency is 1243
diligently working toward lowering the total number of rules 1244
adopted. 1245
4. The total number of ru les adopted and repealed during 1246
the previous 12 months. 1247
(2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1248
(a) By October 1 of each year, each agency shall: 1249
1. Publish its regulatory plan on its website or on 1250
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another state website established for public ation of 1251
administrative law records. A clearly labeled hyperlink to the 1252
current plan must be included on the agency's primary website 1253
homepage. 1254
2. Electronically deliver to the committee a copy of the 1255
certification required in paragraph (1)(e) (1)(d). 1256
3. Publish in the Florida Administrative Register a notice 1257
identifying the date of publication of the agency's regulatory 1258
plan. The notice must include a hyperlink or website address 1259
providing direct access to the published plan. 1260
Section 10. Subsection (11) of section 120.80, Florida 1261
Statutes, is amended to read: 1262
120.80 Exceptions and special requirements; agencies. — 1263
(11) NATIONAL GUARD. —Notwithstanding s. 120.52(17) s. 1264
120.52(16), the enlistment, organization, administration, 1265
equipment, maintenance , training, and discipline of the militia, 1266
National Guard, organized militia, and unorganized militia, as 1267
provided by s. 2, Art. X of the State Constitution, are not 1268
rules as defined by this chapter. 1269
Section 11. Paragraph (c) of subsection (1) of secti on 1270
120.81, Florida Statutes, is amended to read: 1271
120.81 Exceptions and special requirements; general 1272
areas.— 1273
(1) EDUCATIONAL UNITS. — 1274
(c) Notwithstanding s. 120.52(17) s. 120.52(16), any 1275
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tests, test scoring criteria, or testing procedures relating to 1276
student assessment which are developed or administered by the 1277
Department of Education pursuant to s. 1003.4282, s. 1008.22, or 1278
s. 1008.25, or any other statewide educational tests required by 1279
law, are not rules. 1280
Section 12. Paragraph (a) of subsection (1) of section 1281
420.9072, Florida Statutes, is amended to read: 1282
420.9072 State Housing Initiatives Partnership Program. —1283
The State Housing Initiatives Partnership Program is created for 1284
the purpose of providing funds to counties and eligible 1285
municipalities as an incentive for the creation of local housing 1286
partnerships, to expand production of and preserve affordable 1287
housing, to further the housing element of the local government 1288
comprehensive plan specific to affordable housing, and to 1289
increase housing-related employment. 1290
(1)(a) In addition to the legislative findings set forth 1291
in s. 420.6015, the Legislature finds that affordable housing is 1292
most effectively provided by combining available public and 1293
private resources to conserve and improve existing housi ng and 1294
provide new housing for very -low-income households, low -income 1295
households, and moderate -income households. The Legislature 1296
intends to encourage partnerships in order to secure the 1297
benefits of cooperation by the public and private sectors and to 1298
reduce the cost of housing for the target group by effectively 1299
combining all available resources and cost -saving measures. The 1300
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Legislature further intends that local governments achieve this 1301
combination of resources by encouraging active partnerships 1302
between government, lenders, builders and developers, real 1303
estate professionals, advocates for low -income persons, and 1304
community groups to produce affordable housing and provide 1305
related services. Extending the partnership concept to encompass 1306
cooperative efforts am ong small counties as defined in s. 1307
120.52(20) s. 120.52(19), and among counties and municipalities 1308
is specifically encouraged. Local governments are also intended 1309
to establish an affordable housing advisory committee to 1310
recommend monetary and nonmonetary incentives for affordable 1311
housing as provided in s. 420.9076. 1312
Section 13. Subsection (7) of section 420.9075, Florida 1313
Statutes, is amended to read: 1314
420.9075 Local housing assistance plans; partnerships. — 1315
(7) The moneys deposited in the local housin g assistance 1316
trust fund shall be used to administer and implement the local 1317
housing assistance plan. The cost of administering the plan may 1318
not exceed 5 percent of the local housing distribution moneys 1319
and program income deposited into the trust fund. A co unty or an 1320
eligible municipality may not exceed the 5 -percent limitation on 1321
administrative costs, unless its governing body finds, by 1322
resolution, that 5 percent of the local housing distribution 1323
plus 5 percent of program income is insufficient to adequatel y 1324
pay the necessary costs of administering the local housing 1325
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assistance plan. The cost of administering the program may not 1326
exceed 10 percent of the local housing distribution plus 5 1327
percent of program income deposited into the trust fund, except 1328
that small counties, as defined in s. 120.52(20) s. 120.52(19), 1329
and eligible municipalities receiving a local housing 1330
distribution of up to $350,000 may use up to 10 percent of 1331
program income for administrative costs. 1332
Section 14. Paragraph (d) of subsection (1) of section 1333
443.091, Florida Statutes, is amended to read: 1334
443.091 Benefit eligibility conditions. — 1335
(1) An unemployed individual is eligible to receive 1336
benefits for any week only if the Department of Economic 1337
Opportunity finds that: 1338
(d) She or he is able to work and is available for work. 1339
In order to assess eligibility for a claimed week of 1340
unemployment, the department shall develop criteria to determine 1341
a claimant's ability to work and availability for work. A 1342
claimant must be actively seeking work i n order to be considered 1343
available for work. This means engaging in systematic and 1344
sustained efforts to find work, including contacting at least 1345
five prospective employers for each week of unemployment 1346
claimed. The department may require the claimant to pr ovide 1347
proof of such efforts to the one -stop career center as part of 1348
reemployment services. A claimant's proof of work search efforts 1349
may not include the same prospective employer at the same 1350
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location in 3 consecutive weeks, unless the employer has 1351
indicated since the time of the initial contact that the 1352
employer is hiring. The department shall conduct random reviews 1353
of work search information provided by claimants. As an 1354
alternative to contacting at least five prospective employers 1355
for any week of unemploy ment claimed, a claimant may, for that 1356
same week, report in person to a one -stop career center to meet 1357
with a representative of the center and access reemployment 1358
services of the center. The center shall keep a record of the 1359
services or information provide d to the claimant and shall 1360
provide the records to the department upon request by the 1361
department. However: 1362
1. Notwithstanding any other provision of this paragraph 1363
or paragraphs (b) and (e), an otherwise eligible individual may 1364
not be denied benefits for any week because she or he is in 1365
training with the approval of the department, or by reason of s. 1366
443.101(2) relating to failure to apply for, or refusal to 1367
accept, suitable work. Training may be approved by the 1368
department in accordance with criteria pres cribed by rule. A 1369
claimant's eligibility during approved training is contingent 1370
upon satisfying eligibility conditions prescribed by rule. 1371
2. Notwithstanding any other provision of this chapter, an 1372
otherwise eligible individual who is in training approve d under 1373
s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 1374
determined ineligible or disqualified for benefits due to 1375
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enrollment in such training or because of leaving work that is 1376
not suitable employment to enter such training. As used in this 1377
subparagraph, the term "suitable employment" means work of a 1378
substantially equal or higher skill level than the worker's past 1379
adversely affected employment, as defined for purposes of the 1380
Trade Act of 1974, as amended, the wages for which are at least 1381
80 percent of the worker's average weekly wage as determined for 1382
purposes of the Trade Act of 1974, as amended. 1383
3. Notwithstanding any other provision of this section, an 1384
otherwise eligible individual may not be denied benefits for any 1385
week because she or he is before any state or federal court 1386
pursuant to a lawfully issued summons to appear for jury duty. 1387
4. Union members who customarily obtain employment through 1388
a union hiring hall may satisfy the work search requirements of 1389
this paragraph by reporting dai ly to their union hall. 1390
5. The work search requirements of this paragraph do not 1391
apply to persons who are unemployed as a result of a temporary 1392
layoff or who are claiming benefits under an approved short -time 1393
compensation plan as provided in s. 443.1116. 1394
6. In small counties as defined in s. 120.52(20) s. 1395
120.52(19), a claimant engaging in systematic and sustained 1396
efforts to find work must contact at least three prospective 1397
employers for each week of unemployment claimed. 1398
7. The work search requiremen ts of this paragraph do not 1399
apply to persons required to participate in reemployment 1400
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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
services under paragraph (e). 1401
Section 15. This act shall take effect July 1, 2023. 1402