FL
Florida House Bill H0713

Florida 2023 Regular Session

Florida House Bill H0713 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to administrative procedures and 2
1616 permitting process review; amending s. 120.52, F.S.; 3
1717 defining the terms "repromulgation" and "technical 4
1818 change"; amending s. 120.54, F.S.; applying certain 5
1919 provisions applicable to all rules other than 6
20-emergency rules to rules amended or repromulgated on 7
21-or after a specified date; requiring agencies to 8
22-publish a certain notice of rule development in the 9
23-Florida Administrative Register within a specified 10
24-timeframe before providing notice of a proposed rule; 11
25-requiring that a notice of rule development cite the 12
26-grant of rulemaking authority; requiring that a notice 13
27-of rule development contain a proposed rule number and 14
28-specified statements; requiring that notice of a 15
29-proposed rule be published in the Florida 16
30-Administrative Register within a specified timeframe 17
31-after the most recent notice of rule development; 18
32-revising the scope of public workshops to include 19
33-information gathering for the preparation of 20
34-statements of estimated regulatory costs; requiring 21
35-that a notice of proposed rule include a website 22
36-address where a statement of estimated regulatory 23
37-costs can be viewed if one has been prepared; 24
38-requiring that a notice of proposed rule include a 25
39-
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20+emergency rules to repromulgated rules; requiring that 7
21+a notice of rule development cite the grant of 8
22+rulemaking authority; requiring a notice of rule 9
23+development to contain a proposed rule number and 10
24+specified statements; requiring that a notice of 11
25+withdrawal be published in the next available issue of 12
26+the Florida Administrative Register if a notice of 13
27+proposed rule is not filed within a certain timeframe; 14
28+revising the scope of public workshops to include 15
29+information gathered for the preparation of statements 16
30+of estimated regulatory costs; requiring that a notice 17
31+of proposed rule include a website address where a 18
32+statement of regulatory costs can be viewed; requiring 19
33+that a notice of proposed rule include a request for 20
34+the submission of any helpful information r egarding 21
35+the statement of estimated regulatory costs; revising 22
36+the timeframe the notice must be published in the 23
37+Florida Administrative Register; requiring that 24
38+material proposed to be incorporated by reference and 25
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4747 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-specified statement; requiring that a notice of 26
52-proposed rule include certain information relied upon 27
53-by the agency in certain circumstances; requiring that 28
54-material proposed to be incorporated by reference and 29
55-the statement of estimated regulatory costs be made 30
56-available to the public; requiring that material 31
57-proposed to be incorporated by reference be made 32
58-available in a specified manner; authorizing 33
59-electronic delivery of notices to persons who have 34
60-requested advance notice of agency rulemaking 35
61-proceedings; providing that an agency is not required 36
62-to prepare a statement of estimated regulatory costs 37
63-before a proposed rule repeal; providing an exception; 38
64-requiring that certain proposed rule repeals be 39
65-considered presumptively correct in a proceeding 40
66-before the Division of Administrative Hearings or a 41
67-court of competent juris diction; requiring an agency 42
68-to provide notice of a regulatory alternative to the 43
69-Administrative Procedures Committee within a certain 44
70-timeframe; requiring certain agency personnel to 45
71-attend public hearings on proposed rules; requiring an 46
72-agency to publish a notice of convening a separate 47
73-proceeding in certain circumstances; providing that 48
74-rulemaking timelines are tolled during such separate 49
75-proceedings; providing that such timelines resume the 50
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51+the statement of estimated regulatory cos ts be 26
52+available to the public; requiring that material 27
53+proposed to be incorporated by reference be made 28
54+available in a specified manner; authorizing 29
55+electronic delivery of notices to persons who have 30
56+requested advance notice of agency rulemaking 31
57+proceedings; requiring an agency to prepare a 32
58+statement of estimated regulatory costs before 33
59+adopting or amending any rule other than an emergency 34
60+rule; providing that an agency is not required to 35
61+prepare a statement of estimated regulatory costs 36
62+before repealing a rule; providing an exception; 37
63+requiring that certain rule repeals be considered 38
64+presumptively correct in a proceeding before the 39
65+Division of Administrative Hearings or a court of 40
66+competent jurisdiction; revising the criteria under 41
67+which a proposed rule's a dverse impact on small 42
68+businesses is deemed to exist; requiring an agency to 43
69+provide notice of a regulatory alternative to the 44
70+Administrative Procedures Committee within a certain 45
71+timeframe; requiring certain agency personnel to 46
72+attend public hearings on p roposed rules; requiring an 47
73+agency to publish a notice of convening a separate 48
74+proceeding in certain circumstances; providing that 49
75+rulemaking deadlines are tolled during such separate 50
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8484 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-day after the conclusion of such proceedings; 51
89-requiring that notice of conclusion of such 52
90-proceedings be provided to the committee; revising 53
91-requirements for the contents of a notice of change; 54
92-requiring the committee to notify the Department of 55
93-State that the date for an agency to adopt a proposed 56
94-rule has expired under certain circumstances; 57
95-requiring the department to publish a notice of 58
96-withdrawal of the proposed rule under certain 59
97-circumstances; requiring that a certain rule be 60
98-withdrawn if the rule has not been ratified within a 61
99-specified timeframe; requiring the agency, upon 62
100-approval of the agency head, to electronically file 63
101-with the department a certified copy of the proposed 64
102-rule; requiring the committee to notify the department 65
103-that the date for adoption of a rule has expired in 66
104-certain circumstances; requiri ng the department to 67
105-publish a notice of withdrawal of the rule in certain 68
106-circumstances; prohibiting an emergency rule from 69
107-being effective for longer than a specified timeframe; 70
108-providing that such rule is not renewable; providing 71
109-an exception; requiring that emergency rules be 72
110-published in the Florida Administrative Code; 73
111-authorizing agencies to supersede an emergency rule 74
112-through adoption of another emergency rule; providing 75
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88+proceedings; revising the requirements for the 51
89+contents of a notice of c hange; requiring the 52
90+committee to notify the Department of State that the 53
91+date for an agency to adopt a rule has expired under 54
92+certain circumstances; requiring the department to 55
93+publish a notice of withdrawal under certain 56
94+circumstances; requiring emergenc y rules to be 57
95+published in the Florida Administrative Register; 58
96+prohibiting agencies from making changes to emergency 59
97+rules by superseding the rule; authorizing an agency 60
98+to make technical changes to an emergency rule during 61
99+a specified timeframe; requirin g an agency to file a 62
100+copy of a certain petition with the committee; making 63
101+technical changes; amending s. 120.541, F.S.; 64
102+requiring an agency to provide a copy of a proposal 65
103+for a lower cost regulatory alternative to the 66
104+committee within a certain timefram e; specifying the 67
105+circumstances under which such proposal is deemed to 68
106+be made in good faith; revising requirements for an 69
107+agency's consideration of a lower cost regulatory 70
108+alternative; providing for an agency's revision and 71
109+publication of a revised statem ent of estimated 72
110+regulatory costs in response to such alternatives; 73
111+requiring that the revised statement of estimated 74
112+regulatory costs be made available in the same manner 75
113+
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121121 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-requirements for adopting the new rule; authorizing an 76
126-agency to make technical changes to an emergency rule 77
127-during a specified timeframe; requiring that notice of 78
128-renewal of an emergency rule be published in the 79
129-Florida Administrative Register before the expiration 80
130-of the existing emergency rule; requiring that the 81
131-notice state specified facts and reasons for the 82
132-renewal; requiring that emergency rules be published 83
133-in a certain section of the Florida Administrative 84
134-Code; requiring specified emergency rules to contain a 85
135-certain history note; providing that certain emergency 86
136-rules may be repealed at any time while the rule is in 87
137-effect by publishing a certain notice in the Florida 88
138-Administrative Register; requiring an agency to file a 89
139-copy of a certain petition with the committee; making 90
140-technical changes; amending s. 120.541, F.S.; 91
141-requiring an agency to provide a copy of a proposal 92
142-for a lower cost regulatory alternative to the 93
143-committee within a certain timeframe; specifying the 94
144-circumstances under which such proposal is deemed to 95
145-be made in good faith; revising requirements for an 96
146-agency upon receipt of a proposal for a lower cost 97
147-regulatory alternative; providing for an agency's 98
148-revision and publication of a revised statement of 99
149-estimated regulatory costs in response to such 100
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125+as the original; deleting the definition of the term 76
126+"transactional costs"; revising the applicability of 77
127+specified provisions; providing additional 78
128+requirements for the calculation of estimated 79
129+regulatory costs; making technical changes; conforming 80
130+provisions to changes made by the act; conforming a 81
131+cross-reference; creating s. 120.5435, F.S.; providing 82
132+legislative intent; requiring agency review of rules 83
133+and repromulgation of rules that do not require 84
134+substantive changes within a specified timeframe; 85
135+providing the effect of a failure to adhere to certain 86
136+deadlines; requiring an agency to publish a notice of 87
137+repromulgation in the Florida Administrative Register 88
138+and file a rule for promulgation with the department 89
139+within a specified timeframe; requiring an agency to 90
140+file a notice of repromulgation with the committee 91
141+within a specified timef rame; requiring the committee 92
142+to provide the department a certain notice; requiring 93
143+the department to publish the notice in the Florida 94
144+Administrative Register; providing that a notice of 95
145+repromulgation is not required to include the text of 96
146+the rule being repromulgated; requiring the committee 97
147+to certify if the agency has provided certain 98
148+responses to the committee; providing that a 99
149+repromulgated rule is not subject to challenge as a 100
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158158 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-alternatives; requiring that the revised statement of 101
163-estimated regulatory costs be made available in the 102
164-same manner as the original; deleting the definition 103
165-of the term "transactional costs"; revising the 104
166-applicability of specified provisions; requiring an 105
167-agency to provide a specified notice of a revision to 106
168-the statement of estimated regulatory costs; making 107
169-technical changes; creating s. 120.5435, F.S.; 108
170-providing legislative intent; requiring agency review 109
171-of rules and repromulgation of rules that do not 110
172-require substantive changes; requiring that certain 111
173-rules be reviewed and amended, repealed, or 112
174-repromulgated within a specified timeframe and every 5 113
175-years thereafter; requiring any variation from this 114
176-schedule to be reflected in the agency's regulatory 115
177-plan; requiring the committee to provide each agency 116
178-with a specified list by a specified date annually; 117
179-providing that the failure of an agency to adhere to 118
180-specified deadlines constitutes a material failure and 119
181-is the basis for a specified objection; requiring an 120
182-agency to publish a notice of repromulgation in the 121
183-Florida Administrative Register and file a rule for 122
184-repromulgation with the department within a specified 123
185-timeframe; requiring an agency to file a notice of 124
186-repromulgation with the committee within a specified 125
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162+proposed rule and that certain hearing requirements do 101
163+not apply; requiring an agency to file a specified 102
164+number of certified copies of a proposed repromulgated 103
165+rule and any material incorporated by reference; 104
166+providing that a repromulgated rule is adopted upon 105
167+filing with the department and becomes effective after 106
168+a specified time; requiring the department to update 107
169+certain information in the Florida Administrative 108
170+Code; requiring the submission of certain rules to the 109
171+Legislature within a certain period; requiring the 110
172+department to adopt rules by a certain date; creating 111
173+s. 120.5436, F.S.; providing legislative intent; 112
174+requiring the Department of Environmental Protection 113
175+and water management districts to conduct a review of 114
176+certain permitting processes and permit programs; 115
177+requiring the review to consider certain factors; 116
178+requiring the department and water management 117
179+districts to provide a report to the Governor and 118
180+Legislature by a certain date; amending s. 120.545, 119
181+F.S.; requiring the committee to examine certain 120
182+existing rules; amending s. 120.55, F.S.; requiring 121
183+the Department of State to publish the Florida 122
184+Administrative Code daily at a specified time; 123
185+requiring the department to indicate a rule was 124
186+corrected or replaced by republishing the code and 125
187+
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195195 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-timeframe; requiring the committee to cer tify whether 126
200-the agency has responded to certain comments and 127
201-inquiries; providing that a repromulgated rule is not 128
202-subject to challenge as a proposed rule and that 129
203-certain hearing requirements do not apply to such 130
204-repromulgation; requiring an agency, upon approval of 131
205-the agency head or its designee, to electronically 132
206-file with the department a certified copy of the 133
207-repromulgated rule and any material incorporated by 134
208-reference; providing that a rule is considered 135
209-repromulgated upon its filing with the depar tment; 136
210-requiring the department to update certain information 137
211-in the Florida Administrative Code; requiring the 138
212-committee to submit a specified list to the 139
213-Legislature within a specified timeframe; requiring 140
214-each agency to initiate rulemaking proceedings t o 141
215-repeal certain rules within a specified timeframe if 142
216-certain conditions exist; requiring the department to 143
217-adopt rules by a certain date; amending s. 120.545, 144
218-F.S.; requiring the committee to examine certain 145
219-existing rules; amending s. 120.55, F.S.; requ iring 146
220-the Department of State to publish the Florida 147
221-Administrative Register once each business day by a 148
222-specified time; providing exceptions; requiring the 149
223-department to indicate if a rule, proposed rule, or 150
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199+noting the rule was corrected; requiring materials 126
200+incorporated by referenc e to be filed in a specified 127
201+manner; requiring the department to include the date 128
202+of a technical rule change in the Florida 129
203+Administrative Code; providing that a technical change 130
204+does not affect the effective date of a rule; 131
205+requiring publication in the Fl orida Administrative 132
206+Register of the full text of emergency rules in effect 133
207+on a certain date; requiring the department to adopt 134
208+specified rules; amending s. 120.56, F.S.; conforming 135
209+a cross-reference; amending s. 120.74, F.S.; requiring 136
210+an agency to list each rule it plans to develop, 137
211+adopt, or repeal during the forthcoming year in the 138
212+agency's annual regulatory plan; requiring that an 139
213+agency's annual regulatory plan identify any rules 140
214+that are required to be repromulgated during the 141
215+forthcoming year; requ iring the agency to make certain 142
216+declarations concerning the annual regulatory plan; 143
217+amending ss. 120.80, 120.81, 420.9072, 420.9075, and 144
218+443.091, F.S.; conforming cross -references; providing 145
219+an effective date. 146
220+ 147
221+Be It Enacted by the Legislature of the State of Florida: 148
222+ 149
223+ Section 1. Subsections (16) through (19) and subsections 150
224+
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232232 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-notice of rule development was corrected or rep laced 151
237-by republishing the register and noting that the rule, 152
238-proposed rule, or notice of rule development was 153
239-corrected; requiring that certain rulemaking 154
240-timeframes revert to the initial date of publication; 155
241-requiring the agency, rather than the departmen t, to 156
242-publish specified information at the beginning of 157
243-specified sections of the code; requiring that 158
244-materials incorporated by reference be filed in a 159
245-specified manner; requiring the department to include 160
246-the date of a technical rule change in the Florid a 161
247-Administrative Code; providing that a technical change 162
248-does not affect the effective date of a rule; revising 163
249-the required contents of the Florida Administrative 164
250-Register; requiring the department to adopt specified 165
251-rules; amending s. 120.74, F.S.; requi ring an agency's 166
252-annual regulatory plan to identify and describe each 167
253-rule that the agency expects to develop, adopt, or 168
254-repeal during the forthcoming year, identify any rules 169
255-that are required to be repromulgated during the 170
256-forthcoming year, and include a certification that 171
257-makes certain declarations; conforming a cross -172
258-reference; amending s. 120.80, F.S.; providing 173
259-applicability; conforming a cross -reference; amending 174
260-ss. 120.81, 420.9072, 420.9075, and 443.091, F.S.; 175
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236+(20), (21), and (22) of section 120.52, Florida Statutes, are 151
237+redesignated as subsections (17) through (20) and subsections 152
238+(22), (23), and (24), respectively, and new subsecti ons (16) and 153
239+(21) are added to that section, to read: 154
240+ 120.52 Definitions. —As used in this act: 155
241+ (16) "Repromulgation" means the publication and adoption 156
242+of an existing rule following an agency's review of the rule for 157
243+consistency with the powers and dut ies granted by its enabling 158
244+statute. 159
245+ (21) "Technical change" means a change limited to 160
246+correcting grammatical, typographical, and similar errors not 161
247+affecting the substance of a rule. 162
248+ Section 2. Paragraph (i) of subsection (1), subsections 163
249+(2) and (3), and paragraph (a) of subsection (7) of section 164
250+120.54, Florida Statutes, are amended, and paragraphs (e) and 165
251+(f) are added to subsection (4) of that section, to read: 166
252+ 120.54 Rulemaking.— 167
253+ (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 168
254+EMERGENCY RULES.— 169
255+ (i)1. A rule may incorporate material by reference but 170
256+only as the material exists on the date the rule is adopted. For 171
257+purposes of the rule, changes in the material are not effective 172
258+unless the rule is amended to incorporate the changes. 173
259+ 2. An agency rule that incorporates by specific reference 174
260+another rule of that agency automatically incorporates 175
261+
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269269 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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273-conforming cross-references; providin g legislative 176
274-intent; requiring the Department of Environmental 177
275-Protection and water management districts to conduct a 178
276-holistic review of certain permitting processes and 179
277-programs; providing requirements for such processes; 180
278-providing the scope and purpose of the review; 181
279-requiring certain factors to be considered in the 182
280-review; requiring the department and water management 183
281-districts to submit a specified report to the Governor 184
282-and Legislature by a specified date; providing an 185
283-effective date. 186
284- 187
285-Be It Enacted by the Legislature of the State of Florida: 188
286- 189
287- Section 1. Subsections (16) through (19) and (20), (21), 190
288-and (22) of section 120.52, Florida Statutes, are redesignated 191
289-as subsections (17) through (20) and (22), (23), and (24), 192
290-respectively, and new sub sections (16) and (21) are added to 193
291-that section to read: 194
292- 120.52 Definitions. —As used in this act: 195
293- (16) "Repromulgation" means the publication and adoption 196
294-of an existing rule following an agency's review of the rule for 197
295-consistency with the powers and duties granted by its enabling 198
296-statute. 199
297- (21) "Technical change" means a change limited to 200
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273+subsequent amendments to the referenced rule unless a contrary 176
274+intent is clearly indicated in the referencing rule. A notice of 177
275+amendments to a rule that has been incorporated by specific 178
276+reference in other rules of that agency must explain the effect 179
277+of those amendments on the referencing rules. 180
278+ 3. In rules adopted after December 31, 2010, and rules 181
279+repromulgated on or after July 1, 2023, material may not be 182
280+incorporated by reference unless: 183
281+ a. The material has been submitted in the prescribed 184
282+electronic format to the Department of State and the full text 185
283+of the material can be made available for free public access 186
284+through an electronic hype rlink from the rule making the 187
285+reference in the Florida Administrative Code; or 188
286+ b. The agency has determined that posting the material on 189
287+the Internet for purposes of public examination and inspection 190
288+would constitute a violation of federal copyright law , in which 191
289+case a statement to that effect, along with the address of 192
290+locations at the Department of State and the agency at which the 193
291+material is available for public inspection and examination, 194
292+must be included in the notice required by subparagraph (3)( a)1. 195
293+ 4. A rule may not be amended by reference only. Amendments 196
294+must set out the amended rule in full in the same manner as 197
295+required by the State Constitution for laws. 198
296+ 5. Notwithstanding any contrary provision in this section, 199
297+when an adopted rule of the Department of Environmental 200
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306306 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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310-correcting grammatical, typographical, and similar errors not 201
311-affecting the substance of a rule. 202
312- Section 2. Paragraph (i) of subsection (1), subsections 203
313-(2) and (3), paragraph (c) of subsection (4), and paragraph (a) 204
314-of subsection (7) of section 120.54, Florida Statutes, are 205
315-amended, and paragraphs (e) through (j) are added to subsection 206
316-(4) of that section, to read: 207
317- 120.54 Rulemaking.— 208
318- (1) GENERAL PROVISION S APPLICABLE TO ALL RULES OTHER THAN 209
319-EMERGENCY RULES.— 210
320- (i)1. A rule may incorporate material by reference but 211
321-only as the material exists on the date the rule is adopted. For 212
322-purposes of the rule, changes in the material are not effective 213
323-unless the rule is amended to incorporate the changes. 214
324- 2. An agency rule that incorporates by specific reference 215
325-another rule of that agency automatically incorporates 216
326-subsequent amendments to the referenced rule unless a contrary 217
327-intent is clearly indicated in the ref erencing rule. A notice of 218
328-amendments to a rule that has been incorporated by specific 219
329-reference in other rules of that agency must explain the effect 220
330-of those amendments on the referencing rules. 221
331- 3. In rules adopted after December 31, 2010, and rules 222
332-amended or repromulgated on or after July 1, 2023, material may 223
333-not be incorporated by reference unless: 224
334- a. The material has been submitted in the prescribed 225
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310+Protection or a water management district is incorporated by 201
311+reference in the other agency's rule to implement a provision of 202
312+part IV of chapter 373, subsequent amendments to the rule are 203
313+not effective as to the incorporating rule unless the agency 204
314+incorporating by reference notifies the committee and the 205
315+Department of State of its intent to adopt the subsequent 206
316+amendment, publishes notice of such intent in the Florida 207
317+Administrative Register, and files with the Department of State 208
318+a copy of the amended rule incorporated by reference. Changes in 209
319+the rule incorporated by reference are effective as to the other 210
320+agency 20 days after the date of th e published notice and filing 211
321+with the Department of State. The Department of State shall 212
322+amend the history note of the incorporating rule to show the 213
323+effective date of such change. Any substantially affected person 214
324+may, within 14 days after the date of pu blication of the notice 215
325+of intent in the Florida Administrative Register, file an 216
326+objection to rulemaking with the agency. The objection must 217
327+shall specify the portions of the rule incorporated by reference 218
328+to which the person objects and the reasons for t he objection. 219
329+The agency does shall not have the authority under this 220
330+subparagraph to adopt those portions of the rule specified in 221
331+such objection. The agency shall publish notice of the objection 222
332+and of its action in response in the next available issue o f the 223
333+Florida Administrative Register. 224
334+ 6. The Department of State may adopt by rule requirements 225
335+
336+CS/CS/HB 713 2023
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338+
339+
340+CODING: Words stricken are deletions; words underlined are additions.
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343343 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
344344
345345
346346
347-electronic format to the Department of State and the full text 226
348-of the material can be made availab le for free public access 227
349-through an electronic hyperlink from the rule making the 228
350-reference in the Florida Administrative Code; or 229
351- b. The agency has determined that posting the material on 230
352-the Internet for purposes of public examination and inspection 231
353-would constitute a violation of federal copyright law, in which 232
354-case a statement to that effect, along with the address of 233
355-locations at the Department of State and the agency at which the 234
356-material is available for public inspection and examination, 235
357-must be included in the notice required by subparagraph (3)(a)1. 236
358- 4. A rule may not be amended by reference only. Amendments 237
359-must set out the amended rule in full in the same manner as 238
360-required by the State Constitution for laws. 239
361- 5. Notwithstanding any contrary provision in this section, 240
362-when an adopted rule of the Department of Environmental 241
363-Protection or a water management district is incorporated by 242
364-reference in the other agency's rule to implement a provision of 243
365-part IV of chapter 373, subsequent amendments to the rule are 244
366-not effective as to the incorporating rule unless the agency 245
367-incorporating by reference notifies the committee and the 246
368-Department of State of its intent to adopt the subsequent 247
369-amendment, publishes notice of such intent in the Florida 248
370-Administrative Register, and files with the Department of State 249
371-a copy of the amended rule incorporated by reference. Changes in 250
372-
373-CS/CS/CS/HB 713 2023
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347+for incorporating materials pursuant to this paragraph. 226
348+ (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 227
349+ (a)1. Except when the intended action is the repeal of a 228
350+rule, agencies shall provide notice of the development of 229
351+proposed rules by publication of a notice of rule development in 230
352+the Florida Administrative Register before providing notice of a 231
353+proposed rule as required by paragraph (3)(a). The notice of 232
354+rule development must shall indicate the subject area to be 233
355+addressed by rule development, provide a short, plain 234
356+explanation of the purpose and effect of the proposed rule, cite 235
357+the grant of rulemaking authority for the proposed rule and the 236
358+law being implemented specific legal authority for the proposed 237
359+rule, and include the proposed rule number and the preliminary 238
360+text of the proposed rules, if available, or a statement of how 239
361+a person may promptly obtain, without cost, a copy of any 240
362+preliminary draft, when if available. The notice must also 241
363+include a request for the submission of any information that 242
364+would be helpful to the agency in preparing the statement of 243
365+estimated regulatory costs required pursuant to paragraph (3)(b) 244
366+and a statement of h ow a person may submit comments to the 245
367+proposal and how a person may provide information regarding the 246
368+potential regulatory costs. 247
369+ 2. If a notice of a proposed rule is not filed within 12 248
370+months after the most recent notice of rule development, the 249
371+agency must withdraw the notice of rule development and publish 250
372+
373+CS/CS/HB 713 2023
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376+
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380380 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
381381
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384-the rule incorporated by reference are effective as to the other 251
385-agency 20 days after the date of th e published notice and filing 252
386-with the Department of State. The Department of State shall 253
387-amend the history note of the incorporating rule to show the 254
388-effective date of such change. Any substantially affected person 255
389-may, within 14 days after the date of pu blication of the notice 256
390-of intent in the Florida Administrative Register, file an 257
391-objection to rulemaking with the agency. The objection must 258
392-shall specify the portions of the rule incorporated by reference 259
393-to which the person objects and the reasons for t he objection. 260
394-The agency does shall not have the authority under this 261
395-subparagraph to adopt those portions of the rule specified in 262
396-such objection. The agency shall publish notice of the objection 263
397-and of its action in response in the next available issue o f the 264
398-Florida Administrative Register. 265
399- 6. The Department of State may adopt by rule requirements 266
400-for incorporating materials pursuant to this paragraph. 267
401- (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 268
402- (a)1. Except when the intended action is the repeal of a 269
403-rule, agencies shall provide notice of the development of 270
404-proposed rules by publication of a notice of rule development in 271
405-the Florida Administrative Register at least 7 days before 272
406-providing notice of a proposed rule as required by paragr aph 273
407-(3)(a). The notice of rule development must shall indicate the 274
408-subject area to be addressed by rule development, provide a 275
409-
410-CS/CS/CS/HB 713 2023
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412-
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384+notice of the withdrawal in the next available issue of the 251
385+Florida Administrative Register. 252
386+ (b) All rules should be drafted in readable language. The 253
387+language is readable if it: 254
388+ 1. It Avoids the use of obscure words and unnecessarily 255
389+long or complicated constructions; and 256
390+ 2. It Avoids the use of unnecessary technical or 257
391+specialized language that is understood only by members of 258
392+particular trades or professions. 259
393+ (c) An agency may hold public workshops for purposes of 260
394+rule development and information gathering for the preparation 261
395+of the statement of estimated regulatory costs . If requested in 262
396+writing by any affected person, an agency must hold public 263
397+workshops, including workshops in various r egions of the state 264
398+or the agency's service area, for purposes of rule development 265
399+and information gathering for the preparation of the statement 266
400+of estimated regulatory costs if requested in writing by any 267
401+affected person, unless the agency head explains in writing why 268
402+a workshop is unnecessary. The explanation is not final agency 269
403+action subject to review pursuant to ss. 120.569 and 120.57. The 270
404+failure to provide the explanation when required may be a 271
405+material error in procedure pursuant to s. 120.56(1)(c) . When a 272
406+workshop or public hearing is held, the agency must ensure that 273
407+the persons responsible for preparing the proposed rule and the 274
408+statement of estimated regulatory costs are available to receive 275
409+
410+CS/CS/HB 713 2023
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417417 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
418418
419419
420420
421-short, plain explanation of the purpose and effect of the 276
422-proposed rule, cite the grant of rulemaking authority for the 277
423-proposed rule and the law being implemented specific legal 278
424-authority for the proposed rule , and include the proposed rule 279
425-number and the preliminary text of the proposed rules, if 280
426-available, or a statement of how a person may promptly obtain, 281
427-without cost, a copy o f any preliminary draft, when if 282
428-available. The notice must also include a request for the 283
429-submission of any information that would be helpful to the 284
430-agency in preparing the statement of estimated regulatory costs 285
431-required pursuant to paragraph (3)(b) and a statement of how a 286
432-person may submit comments on the proposal and how a person may 287
433-provide information regarding the potential regulatory costs. 288
434- 2. A notice of a proposed rule must be published in the 289
435-Florida Administrative Register within 12 months af ter the most 290
436-recent notice of rule development. 291
437- (b) All rules should be drafted in readable language. The 292
438-language is readable if it: 293
439- 1. It Avoids the use of obscure words and unnecessarily 294
440-long or complicated constructions; and 295
441- 2. It Avoids the use of unnecessary technical or 296
442-specialized language that is understood only by members of 297
443-particular trades or professions. 298
444- (c) An agency may hold public workshops for purposes of 299
445-rule development and information gathering for the preparatio n 300
446-
447-CS/CS/CS/HB 713 2023
448-
449-
450-
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452-hb0713-03-c3
421+public input, to explain the agency's proposal , and to respond 276
422+to questions or comments regarding the rule being developed and 277
423+the statement of estimated regulatory costs . The workshop may be 278
424+facilitated or mediated by a neutral third person, or the agency 279
425+may employ other types of dispute resolution alternat ives for 280
426+the workshop that are appropriate for rule development and for 281
427+preparation of the statement of estimated regulatory costs . 282
428+Notice of a workshop for rule development and for preparation of 283
429+the statement of estimated regulatory costs must workshop shall 284
430+be by publication in the Florida Administrative Register not 285
431+less than 14 days before prior to the date on which the workshop 286
432+is scheduled to be held and must shall indicate the subject area 287
433+that which will be addressed; the agency contact person; and the 288
434+place, date, and time of the workshop. 289
435+ (d)1. An agency may use negotiated rulemaking in 290
436+developing and adopting rules. The agency should consider the 291
437+use of negotiated rulemaking when complex rules are being 292
438+drafted or strong opposition to the rules is anticipated. The 293
439+agency should consider, but is not limited to considering, 294
440+whether a balanced committee of interested persons who will 295
441+negotiate in good faith can be assembled, whether the agency is 296
442+willing to support the work of the negotiating commi ttee, and 297
443+whether the agency can use the group consensus as the basis for 298
444+its proposed rule. Negotiated rulemaking uses a committee of 299
445+designated representatives to draft a mutually acceptable 300
446+
447+CS/CS/HB 713 2023
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454454 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
455455
456456
457457
458-of the statement of estimated regulatory costs . If requested in 301
459-writing by any affected person, an agency must hold public 302
460-workshops, including workshops in various regions of this the 303
461-state or the agency's service area, for purposes of rule 304
462-development and information gathering for the preparation of the 305
463-statement of estimated regulatory costs if requested in writing 306
464-by any affected person , unless the agency head explains in 307
465-writing why a workshop is unnecessary. The explanation is not 308
466-final agency action subject to review pursuant to ss. 120.569 309
467-and 120.57. The failure to provide the explanation when required 310
468-may be a material error in procedure pursuant to s. 311
469-120.56(1)(c). When a workshop or public hearing is held, the 312
470-agency must ensure that the person s responsible for preparing 313
471-the proposed rule and the statement of estimated regulatory 314
472-costs are available to receive public input, to explain the 315
473-agency's proposal, and to respond to questions or comments 316
474-regarding the rule being developed and the statement of 317
475-estimated regulatory costs . The workshop may be facilitated or 318
476-mediated by a neutral third person, or the agency may employ 319
477-other types of dispute resolution alternatives for the workshop 320
478-that are appropriate for rule development and for preparation of 321
479-the statement of estimated regulatory costs . Notice of a 322
480-workshop for rule development and for preparation of the 323
481-statement of estimated regulatory costs must workshop shall be 324
482-by publication in the Florida Administrative Register not less 325
483-
484-CS/CS/CS/HB 713 2023
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458+proposed rule and to develop information necessary to prepare a 301
459+statement of estimated regulatory costs, when applicable . 302
460+ 2. An agency that chooses to use the negotiated rulemaking 303
461+process described in this paragraph shall publish in the Florida 304
462+Administrative Register a notice of negotiated rulemaking that 305
463+includes a listing of the representative groups that will be 306
464+invited to participate in the negotiated rulemaking process. Any 307
465+person who believes that his or her interest is not adequately 308
466+represented may apply to participate within 30 days after 309
467+publication of the notice. All meetings of the negotiating 310
468+committee shall be noticed and open to the public pursuant to 311
469+the provisions of this chapter. The negotiating committee shall 312
470+be chaired by a neutral facilitator or mediator. 313
471+ 3. The agency's decision to use negotiated rulemaking, its 314
472+selection of the representative groups , and approval or denial 315
473+of an application to participate in the negotiated rulemaking 316
474+process are not agency action. Nothing in This subparagraph is 317
475+not intended to affect the rights of a substantially an affected 318
476+person to challenge a proposed rule devel oped under this 319
477+paragraph in accordance with s. 120.56(2). 320
478+ (3) ADOPTION PROCEDURES. — 321
479+ (a) Notices.— 322
480+ 1. Before Prior to the adoption, amendment, or repeal of 323
481+any rule other than an emergency rule, an agency, upon approval 324
482+of the agency head, shall give notice of its intended action, 325
483+
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491491 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
492492
493493
494494
495-than 14 days before prior to the date on which the workshop is 326
496-scheduled to be held and must shall indicate the subject area 327
497-that which will be addressed; the agency contact person; and the 328
498-place, date, and time of the workshop. 329
499- (d)1. An agency may use negotiated ru lemaking in 330
500-developing and adopting rules. The agency should consider the 331
501-use of negotiated rulemaking when complex rules are being 332
502-drafted or strong opposition to the rules is anticipated. The 333
503-agency should consider, but is not limited to considering, 334
504-whether a balanced committee of interested persons who will 335
505-negotiate in good faith can be assembled, whether the agency is 336
506-willing to support the work of the negotiating committee, and 337
507-whether the agency can use the group consensus as the basis for 338
508-its proposed rule. Negotiated rulemaking uses a committee of 339
509-designated representatives to draft a mutually acceptable 340
510-proposed rule and to develop information necessary to prepare a 341
511-statement of estimated regulatory costs, when applicable . 342
512- 2. An agency that choo ses to use the negotiated rulemaking 343
513-process described in this paragraph shall publish in the Florida 344
514-Administrative Register a notice of negotiated rulemaking that 345
515-includes a listing of the representative groups that will be 346
516-invited to participate in the negotiated rulemaking process. Any 347
517-person who believes that his or her interest is not adequately 348
518-represented may apply to participate within 30 days after 349
519-publication of the notice. All meetings of the negotiating 350
520-
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526-hb0713-03-c3
495+setting forth a short, plain explanation of the purpose and 326
496+effect of the proposed action; the rule number and full text of 327
497+the proposed rule or amendment and a summary thereof; a 328
498+reference to the grant of rulemaking authori ty pursuant to which 329
499+the rule is adopted; and a reference to the section or 330
500+subsection of the Florida Statutes or the Laws of Florida being 331
501+implemented or interpreted. The notice must include a concise 332
502+summary of the agency's statement of the estimated reg ulatory 333
503+costs, if one has been prepared, based on the factors set forth 334
504+in s. 120.541(2), which describes the regulatory impact of the 335
505+rule in readable language; an agency website address where the 336
506+statement of estimated regulatory costs can be viewed in i ts 337
507+entirety; a statement that any person who wishes to provide the 338
508+agency with information regarding the statement of estimated 339
509+regulatory costs, or to provide a proposal for a lower cost 340
510+regulatory alternative as provided by s. 120.541(1), must do so 341
511+in writing within 21 days after publication of the notice; a 342
512+request for the submission of any information that could be 343
513+helpful to the agency regarding the statement of estimated 344
514+regulatory costs; and a statement as to whether, based on the 345
515+statement of the estimated regulatory costs or other information 346
516+expressly relied upon and described by the agency if no 347
517+statement of regulatory costs is required , the proposed rule is 348
518+expected to require legislative ratification pursuant to s. 349
519+120.541(3). The notice must s tate the procedure for requesting a 350
520+
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528528 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
529529
530530
531531
532-committee must shall be noticed and open to the public pursuant 351
533-to the provisions of this chapter. The negotiating committee 352
534-shall be chaired by a neutral facilitator or mediator. 353
535- 3. The agency's decision to use negotiated rulemaking, its 354
536-selection of the representative groups, and approval or denial 355
537-of an application to participate in the negotiated rulemaking 356
538-process are not agency action. Nothing in This subparagraph is 357
539-not intended to affect the rights of a substantially an affected 358
540-person to challenge a proposed rule developed under this 359
541-paragraph in accordance with s. 120.56(2). 360
542- (3) ADOPTION PROCEDURES. — 361
543- (a) Notices.— 362
544- 1. Before Prior to the adoption, amendment, or repeal of 363
545-any rule other than an emergency rule, an agency, upon approval 364
546-of the agency head, shall give notice of its int ended action, 365
547-setting forth a short, plain explanation of the purpose and 366
548-effect of the proposed action; the proposed rule number and full 367
549-text of the proposed rule or amendment and a summary thereof; a 368
550-reference to the grant of rulemaking authority pursuant to which 369
551-the rule is adopted; and a reference to the section or 370
552-subsection of the Florida Statutes or the Laws of Florida being 371
553-implemented or interpreted. The notice must include a concise 372
554-summary of the agency's statement of the estimated regulatory 373
555-costs, if one has been prepared, based on the factors set forth 374
556-in s. 120.541(2), which describes the regulatory impact of the 375
557-
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532+public hearing on the proposed rule. Except when the intended 351
533+action is the repeal of a rule, the notice must include a 352
534+reference both to the date on which and to the place where the 353
535+notice of rule development that is re quired by subsection (2) 354
536+appeared. 355
537+ 2. The notice must shall be published in the Florida 356
538+Administrative Register at least 7 days after the publication of 357
539+the notice of rule development and at least not less than 28 358
540+days before prior to the intended action. The proposed rule, 359
541+including all materials proposed to be incorporated by reference 360
542+and the statement of estimated regulatory costs, must shall be 361
543+available for inspection and copying by the public at the time 362
544+of the publication of notice. Material proposed to be 363
545+incorporated by reference in the notice must be made available 364
546+in the manner prescribed by sub -subparagraph (1)(i)3.a. or sub -365
547+subparagraph (1)(i)3.b. 366
548+ 3. The notice must shall be mailed to all persons named in 367
549+the proposed rule and mailed or delivered electronically to all 368
550+persons who, at least 14 days before publication of the notice 369
551+prior to such mailing , have made requests of the agency for 370
552+advance notice of its proceedings. The agency shall also give 371
553+such notice as is prescribed by rule to th ose particular classes 372
554+of persons to whom the intended action is directed. 373
555+ 4. The adopting agency shall file with the committee, at 374
556+least 21 days before prior to the proposed adoption date, a copy 375
557+
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565565 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
566566
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569-rule in readable language; an agency website address where the 376
570-statement of estimated regulatory costs can be viewed in its 377
571-entirety; a statement that any person who wishes to provide the 378
572-agency with information regarding the statement of estimated 379
573-regulatory costs, or to provide a proposal for a lower cost 380
574-regulatory alternative as provided by s. 120.541(1), or to 381
575-request that a statement of regulatory cost be prepared must do 382
576-so in writing within 21 days after publication of the notice; 383
577-and a statement as to whe ther, based on the statement of the 384
578-estimated regulatory costs or other information expressly relied 385
579-upon and described by the agency if no statement of regulatory 386
580-costs is required, the proposed rule is expected to require 387
581-legislative ratification pursuan t to s. 120.541(3). If a 388
582-statement of regulatory costs is not required, the notice must 389
583-state the information that the agency relied upon in reaching 390
584-this conclusion. The notice must state the procedure for 391
585-requesting a public hearing on the proposed rule. Except when 392
586-the intended action is the repeal of a rule, the notice must 393
587-include a reference both to the date on which and to the place 394
588-where the notice of rule development that is required by 395
589-subsection (2) appeared. 396
590- 2. The notice must shall be published in the Florida 397
591-Administrative Register at least not less than 28 days before 398
592-prior to the intended action. The proposed rule , including all 399
593-materials proposed to be incorporated by reference and the 400
594-
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569+of each rule it proposes to adopt; a copy of any material 376
570+incorporated by reference in the rule; a detailed written 377
571+statement of the facts and circumstances justifying the proposed 378
572+rule; a copy of the any statement of estimated regulatory costs 379
573+that has been prepared pursuant to s. 120.541; a statement of 380
574+the extent to which the proposed rule relates to federal 381
575+standards or rules on the same subject; and the notice required 382
576+by subparagraph 1. 383
577+ (b) Special matters to be considered in rule adoption. — 384
578+ 1. Statement of estimated regulatory costs. —Before the 385
579+adoption or, amendment, or repeal of any rule, other than an 386
580+emergency rule, an agency must is encouraged to prepare a 387
581+statement of estimated regulatory costs of the proposed rule, as 388
582+provided by s. 120.541. However, an agency is not required to 389
583+prepare a statement of estimated regulatory costs for a rule 390
584+repeal unless such repeal would impose a regulatory cost. In any 391
585+challenge to a rule repeal, a rule repeal that only reduces or 392
586+eliminates regulations on those individuals or entities 393
587+presently regulated by the r ule must be considered presumptively 394
588+correct in any proceeding before the division or in any 395
589+proceeding before a court of competent jurisdiction However, an 396
590+agency must prepare a statement of estimated regulatory costs of 397
591+the proposed rule, as provided by s. 120.541, if: 398
592+ a. The proposed rule will have an adverse impact on small 399
593+business; or 400
594+
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602602 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
603603
604604
605605
606-statement of estimated regulatory costs, must shall be available 401
607-for inspection and copying by the public at the time of the 402
608-publication of notice. Material proposed to be incorporated by 403
609-reference in the notice must be made available in the manner 404
610-prescribed by sub-subparagraph (1)(i)3.a. or sub -subparagraph 405
611-(1)(i)3.b. 406
612- 3. The notice must shall be mailed or delivered 407
613-electronically to all persons named in the proposed rule and 408
614-mailed or delivered electronically to all persons who, at least 409
615-14 days before publication of the notice prior to such mailing , 410
616-have made requests of the agency for advance notice of its 411
617-proceedings. The agency shall also give such notice as is 412
618-prescribed by rule to those particular classes of persons to 413
619-whom the intended action is directed. 414
620- 4. The adopting agency shall file with the committee, at 415
621-least 21 days before prior to the proposed adoption date, a copy 416
622-of each rule it proposes to adopt; a copy of any material 417
623-incorporated by reference in the rule; a detailed written 418
624-statement of the facts and circumstances justifying the propo sed 419
625-rule; a copy of the any statement of estimated regulatory costs 420
626-that has been prepared pursuant to s. 120.541; a statement of 421
627-the extent to which the proposed rule relates to federal 422
628-standards or rules on the same subject; and the notice required 423
629-by subparagraph 1. 424
630- (b) Special matters to be considered in rule adoption. — 425
631-
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606+ b. The proposed rule is likely to directly or indirectly 401
607+increase regulatory costs in excess of $200,000 in the aggregate 402
608+in this state within 1 year after the imple mentation of the 403
609+rule. 404
610+ 2. Small businesses, small counties, and small cities. — 405
611+ a. For purposes of this subsection and s. 120.541(2), an 406
612+adverse impact on small businesses, as defined in s. 288.703 or 407
613+sub-subparagraph b., exists if, for any small business: 408
614+ (I) An owner, officer, operator, or manager must complete 409
615+any education, training, or testing to comply, or is likely to 410
616+spend at least 10 hours or purchase professional advice to 411
617+understand and comply, with the rule in the first year; 412
618+ (II) Taxes or fees assessed on transactions are likely to 413
619+increase by $500 or more in the aggregate in 1 year; 414
620+ (III) Prices charged for goods and services are restricted 415
621+or are likely to increase because of the rule; 416
622+ (IV) Specially trained, licensed, or test ed employees will 417
623+be required because of the rule; 418
624+ (V) Operating costs are expected to increase by at least 419
625+$1,000 annually because of the rule; or 420
626+ (VI) Capital expenditures in excess of $1,000 are 421
627+necessary to comply with the rule. 422
628+ b. Each agency, before the adoption, amendment, or repeal 423
629+of a rule, shall consider the impact of the rule on small 424
630+businesses as defined in by s. 288.703 and the impact of the 425
631+
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639639 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
640640
641641
642642
643- 1. Statement of estimated regulatory costs. —Before the 426
644-adoption, amendment, or repeal of any rule , other than an 427
645-emergency rule, an agency is encouraged to prepare a statement 428
646-of estimated regulatory costs of the proposed rule, as provided 429
647-by s. 120.541. However, an agency is not required to prepare a 430
648-statement of estimated regulatory costs for a proposed rule 431
649-repeal unless such repeal would impose a regulatory cost. In any 432
650-challenge to a proposed rule repeal, a proposed rule repeal that 433
651-only reduces or eliminates regulations on those individuals or 434
652-entities regulated by the existing rule must be considered 435
653-presumptively correct in any proceeding before the division or 436
654-in any proceeding before a court of competent jurisdiction. 437
655-However, an agency must prepare a statement of estimated 438
656-regulatory costs of the proposed rule, as provided by s. 439
657-120.541, if: 440
658- a. The proposed rule will have an adverse impact on small 441
659-business; or 442
660- b. The proposed rule is likely to directly or indirectly 443
661-increase regulatory costs in excess of $200,000 in the aggregate 444
662-in this state within 1 year after the implementation of the 445
663-rule. 446
664- 2. Small businesses, small counties, and small cities. — 447
665- a. Each agency, before the adoption, amendment, or repeal 448
666-of a rule, shall consider the impact of the rule on small 449
667-businesses as defined in by s. 288.703 and the impact of the 450
668-
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643+rule on small counties or small cities as defined in by s. 426
644+120.52. Whenever prac ticable, an agency shall tier its rules to 427
645+reduce disproportionate impacts on small businesses, small 428
646+counties, or small cities to avoid regulating small businesses, 429
647+small counties, or small cities that do not contribute 430
648+significantly to the problem the ru le is designed to address. An 431
649+agency may define "small business" to include businesses 432
650+employing more than 200 persons, may define "small county" to 433
651+include those with populations of more than 75,000, and may 434
652+define "small city" to include those with popul ations of more 435
653+than 10,000, if it finds that such a definition is necessary to 436
654+adapt a rule to the needs and problems of small businesses, 437
655+small counties, or small cities. The agency shall consider each 438
656+of the following methods for reducing the impact of t he proposed 439
657+rule on small businesses, small counties, and small cities, or 440
658+any combination of these entities: 441
659+ (I) Establishing less stringent compliance or reporting 442
660+requirements in the rule. 443
661+ (II) Establishing less stringent schedules or deadlines in 444
662+the rule for compliance or reporting requirements. 445
663+ (III) Consolidating or simplifying the rule's compliance 446
664+or reporting requirements. 447
665+ (IV) Establishing performance standards or best management 448
666+practices to replace design or operational standards in the 449
667+rule. 450
668+
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676676 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
677677
678678
679679
680-rule on small counties or small cities as defined in by s. 451
681-120.52. Whenever practicable, an agency shall tier its rules to 452
682-reduce disproportionate impacts on small businesses, small 453
683-counties, or small cities to avoid regulating small businesses, 454
684-small counties, or small cities that do not contribute 455
685-significantly to the problem the rule is designed to address. An 456
686-agency may define "small business" to include businesses 457
687-employing more than 200 persons, may define "small county" to 458
688-include those with populations of more than 75,000, and may 459
689-define "small city" to include those with populations of more 460
690-than 10,000, if it finds that such a definition is necessary to 461
691-adapt a rule to the needs and problems of small businesses, 462
692-small counties, or small cities. The agency shall consider each 463
693-of the following methods for reducing the impact of the proposed 464
694-rule on small businesses, small counties, and small cities, or 465
695-any combination of these entities: 466
696- (I) Establishing less stringent compliance or reporting 467
697-requirements in the rule. 468
698- (II) Establishing less stringent sc hedules or deadlines in 469
699-the rule for compliance or reporting requirements. 470
700- (III) Consolidating or simplifying the rule's compliance 471
701-or reporting requirements. 472
702- (IV) Establishing performance standards or best management 473
703-practices to replace design or operational standards in the 474
704-rule. 475
705-
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680+ (V) Exempting small businesses, small counties, or small 451
681+cities from any or all requirements of the rule. 452
682+ c.b.(I) If the agency determines that the proposed action 453
683+will affect small businesses as defined by the agency as 454
684+provided in sub-subparagraph b. a., the agency must shall send 455
685+written notice of the rule to the rules ombudsman in the 456
686+Executive Office of the Governor at least 28 days before the 457
687+intended action. 458
688+ (II) Each agency shall adopt those regulatory alternatives 459
689+offered by the rules ombudsman in the Executive Office of the 460
690+Governor and provided to the agency no later than 21 days after 461
691+the rules ombudsman's receipt of the written notice of the rule 462
692+which it finds are feasible and consistent with the stated 463
693+objectives of the proposed r ule and which would reduce the 464
694+impact on small businesses. When regulatory alternatives are 465
695+offered by the rules ombudsman in the Executive Office of the 466
696+Governor, the 90-day period for filing the rule in subparagraph 467
697+(e)2. is extended for a period of 21 d ays. The agency shall 468
698+provide notice to the committee of any regulatory alternative 469
699+offered to the agency pursuant to this sub -subparagraph at least 470
700+21 days before filing the rule for adoption. 471
701+ (III) If an agency does not adopt all alternatives offered 472
702+pursuant to this sub-subparagraph, it must shall, before rule 473
703+adoption or amendment and pursuant to subparagraph (d)1., file a 474
704+detailed written statement with the committee explaining the 475
705+
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713713 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
714714
715715
716716
717- (V) Exempting small businesses, small counties, or small 476
718-cities from any or all requirements of the rule. 477
719- b.(I) If the agency determines that the proposed action 478
720-will affect small businesses as defined by the agency a s 479
721-provided in sub-subparagraph a., the agency must shall send 480
722-written notice of the rule to the rules ombudsman in the 481
723-Executive Office of the Governor at least 28 days before the 482
724-intended action. 483
725- (II) Each agency shall adopt those regulatory alternative s 484
726-offered by the rules ombudsman in the Executive Office of the 485
727-Governor and provided to the agency no later than 21 days after 486
728-the rules ombudsman's receipt of the written notice of the rule 487
729-which it finds are feasible and consistent with the stated 488
730-objectives of the proposed rule and which would reduce the 489
731-impact on small businesses. When regulatory alternatives are 490
732-offered by the rules ombudsman in the Executive Office of the 491
733-Governor, the 90-day period for filing the rule in subparagraph 492
734-(e)2. is extended for a period of 21 days. The agency shall 493
735-provide notice to the committee of any regulatory alternative 494
736-offered to the agency pursuant to this sub -subparagraph at least 495
737-21 days before filing the proposed rule for adoption. 496
738- (III) If an agency does not adopt all alternatives offered 497
739-pursuant to this sub -subparagraph, it must shall, before rule 498
740-adoption or amendment and pursuant to subparagraph (d)1., file a 499
741-detailed written statement with the committee explaining the 500
742-
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717+reasons for failure to adopt such alternatives. Within 3 working 476
718+days after the filing of such notice, the agency shall send a 477
719+copy of such notice to the rules ombudsman in the Executive 478
720+Office of the Governor. 479
721+ (c) Hearings.— 480
722+ 1. If the intended action concerns any rule other than one 481
723+relating exclusively to procedure o r practice, the agency must 482
724+shall, on the request of any affected person received within 21 483
725+days after the date of publication of the notice of intended 484
726+agency action, give affected persons an opportunity to present 485
727+evidence and argument on all issues unde r consideration. The 486
728+agency may schedule a public hearing on the proposed rule and, 487
729+if requested by any affected person, must shall schedule a 488
730+public hearing on the proposed rule. When a public hearing is 489
731+held, the agency must ensure that the persons responsible for 490
732+preparing the proposed rule and the statement of estimated 491
733+regulatory costs staff are in attendance available to explain 492
734+the agency's proposal and to respond to questions or comments 493
735+regarding the proposed rule, the statement of estimated 494
736+regulatory costs, and the agency's decision on whether to adopt 495
737+a lower cost regulatory alternative submitted pursuant to s. 496
738+120.541(1)(a). If the agency head is a board or other collegial 497
739+body created under s. 20.165(4) or s. 20.43(3)(g), and one or 498
740+more requested public hearings is scheduled, the board or other 499
741+collegial body must shall conduct at least one of the public 500
742+
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750750 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
751751
752752
753753
754-reasons for failure to adopt such alt ernatives. Within 3 working 501
755-days after the filing of such notice, the agency shall send a 502
756-copy of such notice to the rules ombudsman in the Executive 503
757-Office of the Governor. 504
758- (c) Hearings.— 505
759- 1. If the intended action concerns any rule other than one 506
760-relating exclusively to procedure or practice, the agency must 507
761-shall, on the request of any affected person received within 21 508
762-days after the date of publication of the notice of intended 509
763-agency action, give affected persons an opportunity to present 510
764-evidence and argument on all issues under consideration. The 511
765-agency may schedule a public hearing on the proposed rule and, 512
766-if requested by any affected person, must shall schedule a 513
767-public hearing on the proposed rule. When a public hearing is 514
768-held, the agency must ensure that the persons responsible for 515
769-preparing the proposed rule and the statement of estimated 516
770-regulatory costs staff are in attendance available to explain 517
771-the agency's proposal and to respond to questions or comments 518
772-regarding the proposed rule, the statement of estimated 519
773-regulatory costs, and the agency's decision on whether to adopt 520
774-a lower cost regulatory alternative submitted pursuant to s. 521
775-120.541(1)(a). If the agency head is a board or other collegial 522
776-body created under s. 20.165(4) or s. 20. 43(3)(g), and one or 523
777-more requested public hearings is scheduled, the board or other 524
778-collegial body must shall conduct at least one of the public 525
779-
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754+hearings itself and may not delegate this responsibility without 501
755+the consent of those persons requesting the public hearing. Any 502
756+material pertinent to the issues under consideration submitted 503
757+to the agency within 21 days after the date of publication of 504
758+the notice or submitted to the agency between the date of 505
759+publication of the notice and the end of the final public 506
760+hearing must shall be considered by the agency and made a part 507
761+of the record of the rulemaking proceeding. 508
762+ 2. Rulemaking proceedings are shall be governed solely by 509
763+the provisions of this section unless a person timely asserts 510
764+that the person's substantial interests will be affecte d in the 511
765+proceeding and affirmatively demonstrates to the agency that the 512
766+proceeding does not provide adequate opportunity to protect 513
767+those interests. If the agency determines that the rulemaking 514
768+proceeding is not adequate to protect the person's interests , it 515
769+must shall suspend the rulemaking proceeding and convene a 516
770+separate proceeding under the provisions of ss. 120.569 and 517
771+120.57. The agency shall publish notice of convening a separate 518
772+proceeding in the Florida Administrative Register. Similarly 519
773+situated persons may be requested to join and participate in the 520
774+separate proceeding. Upon conclusion of the separate proceeding, 521
775+the rulemaking proceeding shall be resumed. All timelines in 522
776+this section are tolled during any suspension of the rulemaking 523
777+proceeding under this subparagraph, beginning on the date the 524
778+notice of convening a separate proceeding is published and 525
779+
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787787 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
788788
789789
790790
791-hearings itself and may not delegate this responsibility without 526
792-the consent of those persons requesting the p ublic hearing. Any 527
793-material pertinent to the issues under consideration submitted 528
794-to the agency within 21 days after the date of publication of 529
795-the notice or submitted to the agency between the date of 530
796-publication of the notice and the end of the final pub lic 531
797-hearing must shall be considered by the agency and made a part 532
798-of the record of the rulemaking proceeding. 533
799- 2. Rulemaking proceedings are shall be governed solely by 534
800-the provisions of this section unless a person timely asserts 535
801-that the person's subst antial interests will be affected in the 536
802-proceeding and affirmatively demonstrates to the agency that the 537
803-proceeding does not provide adequate opportunity to protect 538
804-those interests. If the agency determines that the rulemaking 539
805-proceeding is not adequate t o protect the person's interests, it 540
806-must shall suspend the rulemaking proceeding and convene a 541
807-separate proceeding under the provisions of ss. 120.569 and 542
808-120.57. The agency shall publish notice of convening a separate 543
809-proceeding in the Florida Administra tive Register. Similarly 544
810-situated persons may be requested to join and participate in the 545
811-separate proceeding. Upon conclusion of the separate proceeding, 546
812-the rulemaking proceeding shall be resumed. All timelines in 547
813-this section are tolled during any suspe nsion of the rulemaking 548
814-proceeding under this subparagraph, beginning on the date the 549
815-notice of convening a separate proceeding is published, and the 550
816-
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791+resuming on the day after conclusion of the separate proceeding. 526
792+ (d) Modification or withdrawal of proposed rules. — 527
793+ 1. After the final public hearing on the proposed rule, or 528
794+after the time for requesting a hearing has expired, if the 529
795+proposed rule has not been changed from the proposed rule as 530
796+previously filed with the committee, or contains only technical 531
797+changes, the adopting agency shall file a notice to that effect 532
798+with the committee at least 7 days before prior to filing the 533
799+proposed rule for adoption. Any change, other than a technical 534
800+change that does not affect the substance of the rule , must be 535
801+supported by the record of public hearings held on the proposed 536
802+rule, must be in response to written material submitted to the 537
803+agency within 21 days after the date of publication of the 538
804+notice of intended agency action or submitted to the agency 539
805+between the date of publi cation of the notice and the end of the 540
806+final public hearing, or must be in response to a proposed 541
807+objection by the committee. Any change, other than a technical 542
808+change, to a statement of estimated regulatory costs requires a 543
809+notice of change. In addition, when any change, other than a 544
810+technical change, to is made in a proposed rule text or any 545
811+material incorporated by reference requires , other than a 546
812+technical change, the adopting agency to shall provide a copy of 547
813+a notice of change by certified mail or ac tual delivery to any 548
814+person who requests it in writing no later than 21 days after 549
815+the notice required in paragraph (a). The agency shall file the 550
816+
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824824 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
825825
826826
827827
828-timelines shall resume the day after conclusion of the separate 551
829-proceedings, notice of which must be provi ded to the committee. 552
830- (d) Modification or withdrawal of proposed rules. — 553
831- 1. After the final public hearing on the proposed rule, or 554
832-after the time for requesting a hearing has expired, if the 555
833-proposed rule has not been changed from the proposed rule as 556
834-previously filed with the committee, or contains only technical 557
835-changes, the adopting agency shall file a notice to that effect 558
836-with the committee at least 7 days before prior to filing the 559
837-proposed rule for adoption. Any change, other than a tech nical 560
838-change that does not affect the substance of the rule , must be 561
839-supported by the record of public hearings held on the proposed 562
840-rule, must be in response to written material submitted to the 563
841-agency within 21 days after the date of publication of the 564
842-notice of intended agency action or submitted to the agency 565
843-between the date of publication of the notice and the end of the 566
844-final public hearing, or must be in response to a proposed 567
845-objection by the committee. Any change, other than a technical 568
846-change, to a statement of estimated regulatory costs requires a 569
847-notice of change. In addition, when any change, other than a 570
848-technical change, to is made in a proposed rule text or any 571
849-material incorporated by reference requires , other than a 572
850-technical change, the adopting agency to shall provide a copy of 573
851-a notice of change by certified mail or actual delivery to any 574
852-person who requests it in writing no later than 21 days after 575
853-
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828+notice of change with the committee, along with the reasons for 551
829+the change, and provide the notice of change to persons 552
830+requesting it, at least 21 days before prior to filing the 553
831+proposed rule for adoption. The notice of change must shall be 554
832+published in the Florida Administrative Register at least 21 555
833+days before prior to filing the proposed rule for adoption. The 556
834+notice of change must include a summary of any revision of the 557
835+statement of estimated regulatory costs required by s. 558
836+120.541(1)(c). This subparagraph does not apply to emergency 559
837+rules adopted pursuant to subsection (4). Material proposed to 560
838+be incorporated by reference in the notice required by this 561
839+subparagraph must be made available in the manner prescribed by 562
840+sub-subparagraph (1)(i)3.a. or sub -subparagraph (1)(i)3.b. 563
841+ 2. After the notice required by paragraph (a) and before 564
842+prior to adoption, the agency may withdraw the proposed rule in 565
843+whole or in part. 566
844+ 3. After the notice required by paragraph (a), the agency 567
845+must withdraw the proposed rule if the agency has failed to 568
846+adopt it within the prescribed timeframes in this chapter. If 569
847+the agency, 30 days after notice by the committee that the 570
848+agency has failed to adopt the proposed rule within the 571
849+prescribed timeframes in this chapter, has not given notice of 572
850+the withdrawal of the rule, the committee must notify the 573
851+Department of State that the date for adoption of the rule has 574
852+expired, and the Department of State must publish a notice of 575
853+
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861861 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
862862
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864864
865-the notice required in paragraph (a). The agency shall file the 576
866-notice of change with the committee, along with the reasons for 577
867-the change, and provide the notice of change to persons 578
868-requesting it, at least 21 days before prior to filing the 579
869-proposed rule for adoption. The notice of change must shall be 580
870-published in the Florida Administrative Register at least 21 581
871-days before prior to filing the proposed rule for adoption. The 582
872-notice of change must include a summary of any revision of the 583
873-statement of estimated regulatory costs required by s. 584
874-120.541(1)(c). This subparagraph does not apply to e mergency 585
875-rules adopted pursuant to subsection (4). Material proposed to 586
876-be incorporated by reference in the notice required by this 587
877-subparagraph must be made available in the manner prescribed by 588
878-sub-subparagraph (1)(i)3.a. or sub -subparagraph (1)(i)3.b. a nd 589
879-include a summary of substantive revisions to any material 590
880-proposed to be incorporated by reference in the proposed rule. 591
881- 2. After the notice required by paragraph (a) and before 592
882-prior to adoption, the agency may withdraw the proposed rule in 593
883-whole or in part. 594
884- 3. After the notice required by paragraph (a), the agency 595
885-must withdraw the proposed rule if the agency has failed to 596
886-adopt it within the prescribed timeframes in this chapter. If 597
887-the agency, 30 days after notice by the committee that the 598
888-agency has failed to adopt the proposed rule within the 599
889-prescribed timeframes in this chapter, has not given notice of 600
890-
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865+withdrawal of the proposed rule. 576
866+ 4. After adoption and before the rule becomes effective, a 577
867+rule may be modified or withdrawn only in the following 578
868+circumstances: 579
869+ a. When the committee objects to the rule; 580
870+ b. When a final order, which is not subject to further 581
871+appeal, is entered in a rule challenge brought pursuant to s. 582
872+120.56 after the date of adoption but before the rule becomes 583
873+effective pursuant to subparagraph (e)6.; 584
874+ c. If the rule requires ratification, when more than 90 585
875+days have passed since the rule was filed for adoption without 586
876+the Legislature ratifying the rule, in which case the rule may 587
877+be withdrawn but may not be modified; or 588
878+ d. When the committee notifies the agency that an 589
879+objection to the rule is being considered, in which case the 590
880+rule may be modified to extend the effective date by not more 591
881+than 60 days. 592
882+ 5.4. The agency shall give notice of its decision to 593
883+withdraw or modify a rule in the fi rst available issue of the 594
884+publication in which the original notice of rulemaking was 595
885+published, shall notify those persons described in subparagraph 596
886+(a)3. in accordance with the requirements of that subparagraph, 597
887+and shall notify the Department of State i f the rule is required 598
888+to be filed with the Department of State. 599
889+ 6.5. After a rule has become effective, it may be repealed 600
890+
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898898 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
899899
900900
901901
902-the withdrawal of the proposed rule, the committee must notify 601
903-the Department of State that the date for adoption of the rule 602
904-has expired, and the Department of State must publish a notice 603
905-of withdrawal of the proposed rule. 604
906- 4. After adoption and before the rule becomes effective, a 605
907-rule may be modified or withdrawn only in the following 606
908-circumstances: 607
909- a. When the committee objects to the ru le; 608
910- b. When a final order, which is not subject to further 609
911-appeal, is entered in a rule challenge brought pursuant to s. 610
912-120.56 after the date of adoption but before the rule becomes 611
913-effective pursuant to subparagraph (e)6.; 612
914- c. If the rule requires rat ification, and two consecutive 613
915-regular legislative sessions when more than 90 days have passed 614
916-since the rule was filed for adoption without the Legislature 615
917-ratifying the rule, in which case the rule must may be withdrawn 616
918-but may not be modified ; or 617
919- d. When the committee notifies the agency that an 618
920-objection to the rule is being considered, in which case the 619
921-rule may be modified to extend the effective date by not more 620
922-than 60 days. 621
923- 5.4. The agency shall give notice of its decision to 622
924-withdraw or modify a rule in the first available issue of the 623
925-publication in which the original notice of rulemaking was 624
926-published, shall notify those persons described in subparagraph 625
927-
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902+or amended only through the rulemaking procedures specified in 601
903+this chapter. 602
904+ (e) Filing for final adoption; effective date. — 603
905+ 1. If the adopting agency is required to publish its rules 604
906+in the Florida Administrative Code, the agency, upon approval of 605
907+the agency head, must shall file with the Department of State 606
908+three certified copies of the rule it proposes to adopt; one 607
909+copy of any material incorporated by reference in the rule, 608
910+certified by the agency; a summary of the rule; a summary of any 609
911+hearings held on the rule; and a detailed written statement of 610
912+the facts and circumstances justifying the rule. Agencies not 611
913+required to publish their rules in the Florida Administrative 612
914+Code shall file one certified copy of the proposed rule, and the 613
915+other material required by this subparagraph, in the office of 614
916+the agency head, and such rules must shall be open to the 615
917+public. 616
918+ 2. A rule may not be filed for adoption less than 28 days 617
919+or more than 90 days after the notice required by paragraph (a), 618
920+until 21 days after the notice of change required by paragraph 619
921+(d), until 14 days after the final public hearing, until 21 days 620
922+after a statement of estimated regulatory costs required under 621
923+s. 120.541 has been provided to all persons who submitted a 622
924+lower cost regulatory alternative and made available to the 623
925+public at a readily accessible page on the agency's website , or 624
926+until the administrative law judge has rendered a decision under 625
927+
928+CS/CS/HB 713 2023
929+
930+
931+
932+CODING: Words stricken are deletions; words underlined are additions.
933+hb0713-02-c2
934934 Page 26 of 58
935935 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
936936
937937
938938
939-(a)3. in accordance w ith the requirements of that subparagraph, 626
940-and shall notify the Department of State if the rule is required 627
941-to be filed with the Department of State. 628
942- 6.5. After a rule has become effective, it may be repealed 629
943-or amended only through the rulemaking proced ures specified in 630
944-this chapter. 631
945- (e) Filing for final adoption; effective date. — 632
946- 1. If the adopting agency is required to publish its rules 633
947-in the Florida Administrative Code, the agency, upon approval of 634
948-the agency head, must electronically shall file with the 635
949-Department of State a three certified copy copies of the rule it 636
950-proposes to adopt; one copy of any material incorporated by 637
951-reference in the rule, certified by the agency; a summary of the 638
952-rule; a summary of any hearings held on the rule; and a d etailed 639
953-written statement of the facts and circumstances justifying the 640
954-rule. Agencies not required to publish their rules in the 641
955-Florida Administrative Code shall file one certified copy of the 642
956-proposed rule, and the other material required by this 643
957-subparagraph, in the office of the agency head, and such rules 644
958-must shall be open to the public. 645
959- 2. A rule may not be filed for adoption less than 28 days 646
960-or more than 90 days after the notice required by paragraph (a), 647
961-until 21 days after the notice of change required by paragraph 648
962-(d), until 14 days after the final public hearing, until 21 days 649
963-after a statement of estimated regulatory costs required under 650
964-
965-CS/CS/CS/HB 713 2023
966-
967-
968-
969-CODING: Words stricken are deletions; words underlined are additions.
970-hb0713-03-c3
939+s. 120.56(2), whichever applies. When a required notice of 626
940+change is published before prior to the expiration of the time 627
941+to file the rule for adoption, the period during which a rule 628
942+must be filed for adoption is exten ded to 45 days after the date 629
943+of publication. If notice of a public hearing is published 630
944+before prior to the expiration of the time to file the rule for 631
945+adoption, the period during which a rule must be filed for 632
946+adoption is extended to 45 days after adjour nment of the final 633
947+hearing on the rule, 21 days after receipt of all material 634
948+authorized to be submitted at the hearing, or 21 days after 635
949+receipt of the transcript, if one is made, whichever is latest. 636
950+The term "public hearing" includes any public meeting held by 637
951+any agency at which the rule is considered. If a petition for an 638
952+administrative determination under s. 120.56(2) is filed, the 639
953+period during which a rule must be filed for adoption is 640
954+extended to 60 days after the administrative law judge files the 641
955+final order with the clerk or until 60 days after subsequent 642
956+judicial review is complete. 643
957+ 3. At the time a rule is filed, the agency shall certify 644
958+that the time limitations prescribed by this paragraph have been 645
959+complied with, that all statutory rulemak ing requirements have 646
960+been met, and that there is no administrative determination 647
961+pending on the rule. 648
962+ 4. At the time a rule is filed, the committee shall 649
963+certify whether the agency has responded in writing to all 650
964+
965+CS/CS/HB 713 2023
966+
967+
968+
969+CODING: Words stricken are deletions; words underlined are additions.
970+hb0713-02-c2
971971 Page 27 of 58
972972 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
973973
974974
975975
976-s. 120.541 has been provided to all persons who submitted a 651
977-lower cost regulatory alternative and made av ailable to the 652
978-public at a readily accessible page on the agency's website , or 653
979-until the administrative law judge has rendered a decision under 654
980-s. 120.56(2), whichever applies. When a required notice of 655
981-change is published before prior to the expiration of the time 656
982-to file the rule for adoption, the period during which a rule 657
983-must be filed for adoption is extended to 45 days after the date 658
984-of publication. If notice of a public hearing is published 659
985-before prior to the expiration of the time to file the rule for 660
986-adoption, the period during which a rule must be filed for 661
987-adoption is extended to 45 days after adjournment of the final 662
988-hearing on the rule, 21 days after receipt of all material 663
989-authorized to be submitted at the hearing, or 21 days after 664
990-receipt of the transcript, if one is made, whichever is latest. 665
991-The term "public hearing" includes any public meeting held by 666
992-any agency at which the rule is considered. If a petition for an 667
993-administrative determination under s. 120.56(2) is filed, the 668
994-period during which a rule must be filed for adoption is 669
995-extended to 60 days after the administrative law judge files the 670
996-final order with the clerk or until 60 days after subsequent 671
997-judicial review is complete. 672
998- 3. At the time a rule is filed, the agency shall certify 673
999-that the time limitations prescribed by this paragraph have been 674
1000-complied with, that all statutory rulemaking requirements have 675
1001-
1002-CS/CS/CS/HB 713 2023
1003-
1004-
1005-
1006-CODING: Words stricken are deletions; words underlined are additions.
1007-hb0713-03-c3
976+material and timely written comments or written inquiries made 651
977+on behalf of the committee. The Department of State shall reject 652
978+any rule that is not filed within the prescribed time limits; 653
979+that does not comply with all statutory rulemaking requirements 654
980+and rules of the Department of State; upon which an agency has 655
981+not responded in writing to all material and timely written 656
982+inquiries or written comments; upon which an administrative 657
983+determination is pending; or which does not include a statement 658
984+of estimated regulatory costs, if required. 659
985+ 5. If a rule has not been adopted within the time limits 660
986+imposed by this paragraph or has not been adopted in compliance 661
987+with all statutory rulemaking requirements, the agency proposing 662
988+the rule must shall withdraw the proposed rule and give notice 663
989+of its action in the next available issue of the Florida 664
990+Administrative Register. 665
991+ 6. The proposed rule shall be adopted on being filed with 666
992+the Department of State and becomes become effective 20 days 667
993+after being filed, on a later date specified in the notice 668
994+required by subparagraph (a)1., on a date required by statute, 669
995+or upon ratification by the Legislature pursuant to s. 670
996+120.541(3). Rules not required to be filed with the Department 671
997+of State shall become effective when adopted by the agency head, 672
998+on a later date specified by rule or statute, or upon 673
999+ratification by the Legislature pursuant to s. 120.541(3). If 674
1000+the committee notifies an agency that an objection to a rule is 675
1001+
1002+CS/CS/HB 713 2023
1003+
1004+
1005+
1006+CODING: Words stricken are deletions; words underlined are additions.
1007+hb0713-02-c2
10081008 Page 28 of 58
10091009 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
10101010
10111011
10121012
1013-been met, and that there is no administrative determination 676
1014-pending on the rule. 677
1015- 4. At the time a rule is filed, the committe e shall 678
1016-certify whether the agency has responded in writing to all 679
1017-material and timely written comments or written inquiries made 680
1018-on behalf of the committee. The Department of State shall reject 681
1019-any rule that is not filed within the prescribed time limits; 682
1020-that does not comply with all statutory rulemaking requirements 683
1021-and rules of the Department of State; upon which an agency has 684
1022-not responded in writing to all material and timely written 685
1023-inquiries or written comments; upon which an administrative 686
1024-determination is pending; or which does not include a statement 687
1025-of estimated regulatory costs, if required. 688
1026- 5. If a rule has not been adopted within the time limits 689
1027-imposed by this paragraph or has not been adopted in compliance 690
1028-with all statutory rulemaking req uirements, the agency proposing 691
1029-the rule must shall withdraw the proposed rule and give notice 692
1030-of its action in the next available issue of the Florida 693
1031-Administrative Register. If the agency has not published notice 694
1032-of withdrawal of the rule during the 30 days after receiving 695
1033-notice from the committee that the agency has failed to withdraw 696
1034-the rule, the committee must notify the Department of State that 697
1035-the date for adoption of the rule has expired, and the 698
1036-Department of State must publish a notice of withd rawal of the 699
1037-rule. 700
1038-
1039-CS/CS/CS/HB 713 2023
1040-
1041-
1042-
1043-CODING: Words stricken are deletions; words underlined are additions.
1044-hb0713-03-c3
1013+being considered, the agency may postpone the adoption of the 676
1014+rule to accommodate revi ew of the rule by the committee. When an 677
1015+agency postpones adoption of a rule to accommodate review by the 678
1016+committee, the 90-day period for filing the rule is tolled until 679
1017+the committee notifies the agency that it has completed its 680
1018+review of the rule. 681
1019+ 682
1020+For the purposes of this paragraph, the term "administrative 683
1021+determination" does not include subsequent judicial review. 684
1022+ (4) EMERGENCY RULES. — 685
1023+ (e) Emergency rules must be published in the Florida 686
1024+Administrative Register. 687
1025+ (f) An agency may not supersede a n emergency rule 688
1026+currently in effect. Technical changes to an emergency rule may 689
1027+be made within the first 7 days after adoption of the rule. 690
1028+ (7) PETITION TO INITIATE RULEMAKING. — 691
1029+ (a) Any person regulated by an agency or having 692
1030+substantial interest in a n agency rule may petition an agency to 693
1031+adopt, amend, or repeal a rule or to provide the minimum public 694
1032+information required by this chapter. The petition must shall 695
1033+specify the proposed rule and action requested. The agency shall 696
1034+file a copy of the petiti on with the committee. No Not later 697
1035+than 30 calendar days after following the date of filing a 698
1036+petition, the agency shall initiate rulemaking proceedings under 699
1037+this chapter, otherwise comply with the requested action, or 700
1038+
1039+CS/CS/HB 713 2023
1040+
1041+
1042+
1043+CODING: Words stricken are deletions; words underlined are additions.
1044+hb0713-02-c2
10451045 Page 29 of 58
10461046 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
10471047
10481048
10491049
1050- 6. The proposed rule shall be adopted on being filed with 701
1051-the Department of State and becomes become effective 20 days 702
1052-after being filed, on a later date specified in the notice 703
1053-required by subparagraph (a)1., on a date required by sta tute, 704
1054-or upon ratification by the Legislature pursuant to s. 705
1055-120.541(3). Rules not required to be filed with the Department 706
1056-of State shall become effective when adopted by the agency head, 707
1057-on a later date specified by rule or statute, or upon 708
1058-ratification by the Legislature pursuant to s. 120.541(3). If 709
1059-the committee notifies an agency that an objection to a rule is 710
1060-being considered, the agency may postpone the adoption of the 711
1061-rule to accommodate review of the rule by the committee. When an 712
1062-agency postpones adoption of a rule to accommodate review by the 713
1063-committee, the 90-day period for filing the rule is tolled until 714
1064-the committee notifies the agency that it has completed its 715
1065-review of the rule. 716
1066- 717
1067-For the purposes of this paragraph, the term "administrative 718
1068-determination" does not include subsequent judicial review. 719
1069- (4) EMERGENCY RULES. — 720
1070- (c) Unless otherwise provided by law, an emergency rule 721
1071-may adopted under this subsection shall not be effective for a 722
1072-period longer than 90 days and is shall not be renewable, except 723
1073-when the agency has initiated rulemaking to adopt rules 724
1074-addressing the subject of the emergency rule and either: 725
1075-
1076-CS/CS/CS/HB 713 2023
1077-
1078-
1079-
1080-CODING: Words stricken are deletions; words underlined are additions.
1081-hb0713-03-c3
1050+deny the petition with a written st atement of its reasons for 701
1051+the denial. 702
1052+ Section 3. Section 120.541, Florida Statutes, is amended 703
1053+to read: 704
1054+ 120.541 Statement of estimated regulatory costs. — 705
1055+ (1)(a) Within 21 days after publication of the notice of a 706
1056+proposed rule or notice of change required under s. 707
1057+120.54(3)(a), a substantially affected person may submit to an 708
1058+agency a good faith written proposal for a lower cost regulatory 709
1059+alternative to a proposed rule which substantially accomplishes 710
1060+the objectives of the law being implemented. The agency shall 711
1061+provide a copy of any proposal for a lower cost regulatory 712
1062+alternative to the committee at least 21 days before filing the 713
1063+rule for adoption. The proposal may include the alternative of 714
1064+not adopting any rule if the proposal explains how the lower 715
1065+costs and objectives of the law will be achieved by not adopting 716
1066+any rule. If submitted after a notice of change, a proposal for 717
1067+a lower cost regulatory alternative is deemed to be made in good 718
1068+faith only if the person reasonably believes, and the p roposal 719
1069+states, the person's reasons for believing that the proposed 720
1070+rule as changed by the notice of change increases the regulatory 721
1071+costs or creates an adverse impact on small businesses that was 722
1072+not created by the previous proposed rule. If such a proposal is 723
1073+submitted, the 90-day period for filing the rule is extended 21 724
1074+days. Upon the submission of the lower cost regulatory 725
1075+
1076+CS/CS/HB 713 2023
1077+
1078+
1079+
1080+CODING: Words stricken are deletions; words underlined are additions.
1081+hb0713-02-c2
10821082 Page 30 of 58
10831083 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
10841084
10851085
10861086
1087- 1. A challenge to the proposed rules has been filed and 726
1088-remains pending; or 727
1089- 2. The proposed rules are awaiting ratificat ion by the 728
1090-Legislature pursuant to s. 120.541(3). 729
1091- 730
1092-Nothing in This paragraph does not prohibit prohibits the agency 731
1093-from adopting a rule or rules identical to the emergency rule 732
1094-through the rulemaking procedures specified in subsection (3). 733
1095- (e) Emergency rules must be published in the Florida 734
1096-Administrative Code. 735
1097- (f) An agency may supersede an emergency rule currently in 736
1098-effect through adoption of another emergency rule. The agency 737
1099-must state the reason for adopting the new rule, in accordance 738
1100-with the procedures set forth in paragraph (a), and the new rule 739
1101-must be in effect for the duration of the effective period of 740
1102-the superseded rule. Technical changes to an emergency rule may 741
1103-be made within the first 7 days after adoption of the rule. 742
1104- (g) Any notice of the renewal of an emergency rule must be 743
1105-published in the Florida Administrative Register before the 744
1106-expiration of the existing emergency rule. The notice of renewal 745
1107-must state the specific facts and reasons for the renewal 746
1108-pursuant to paragraph (c). 747
1109- (h) All emergency rules must be published in the Florida 748
1110-Administrative Code in the section of the code dealing with the 749
1111-agency. 750
1112-
1113-CS/CS/CS/HB 713 2023
1114-
1115-
1116-
1117-CODING: Words stricken are deletions; words underlined are additions.
1118-hb0713-03-c3
1087+alternative, the agency shall prepare a statement of estimated 726
1088+regulatory costs as provided in subsection (2), or shall revise 727
1089+its prior statement of estimated regulatory costs , and either 728
1090+adopt the alternative proposal, reject the alternative proposal, 729
1091+or modify the proposed rule to reduce the regulatory costs. If 730
1092+the agency rejects the alternative proposal or modifies the 731
1093+proposed rule, the agency shall or provide a statement of the 732
1094+reasons for rejecting the alternative in favor of the proposed 733
1095+rule. 734
1096+ (b) If a proposed rule will have an adverse impact on 735
1097+small business or if the proposed rule is likely to directly or 736
1098+indirectly increase regulatory costs in excess of $200,000 in 737
1099+the aggregate within 1 year after the implementation of the 738
1100+rule, the agency shall prepare a statement of estimated 739
1101+regulatory costs as required by s. 120.54(3)(b). 740
1102+ (b)(c) The agency must shall revise a statement of 741
1103+estimated regulatory costs if any change to the rule made under 742
1104+s. 120.54(3)(d) increases the regulatory costs of the rule or if 743
1105+the rule is modified in response to the submission of a lower 744
1106+cost regulatory alternative. A summary of the revised s tatement 745
1107+must be included with any subsequent notice published under s. 746
1108+120.54(3). 747
1109+ (c)(d) At least 21 days before filing the proposed rule 748
1110+for adoption, an agency that is required to revise a statement 749
1111+of estimated regulatory costs shall provide the stat ement to the 750
1112+
1113+CS/CS/HB 713 2023
1114+
1115+
1116+
1117+CODING: Words stricken are deletions; words underlined are additions.
1118+hb0713-02-c2
11191119 Page 31 of 58
11201120 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
11211121
11221122
11231123
1124- (i) For emergency rules with an effective period longer 751
1125-than 90 days which are intended to replace existing rules, a 752
1126-note must be added to the history note of the existing rule 753
1127-which specifically identifies the emergency rule that is 754
1128-intended to supersede the existing rule and includes the date 755
1129-that the emergency rule was filed with the Department of State. 756
1130- (j) An emergency rule adopted under this subsection may be 757
1131-repealed at any time while the rule is in effect by publishing a 758
1132-notice in the Florida Administrative Register citing the reason 759
1133-for the repeal and the effective date of the repeal. 760
1134- (7) PETITION TO INITIATE RULE MAKING.— 761
1135- (a) Any person regulated by an agency or having 762
1136-substantial interest in an agency rule may petition an agency to 763
1137-adopt, amend, or repeal a rule or to provide the minimum public 764
1138-information required by this chapter. The petition must shall 765
1139-specify the proposed rule and action requested. The agency shall 766
1140-file a copy of the petition with the committee. No Not later 767
1141-than 30 calendar days after following the date of filing a 768
1142-petition, the agency shall initiate rulemaking proceedings under 769
1143-this chapter, otherwise comply with the requested action, or 770
1144-deny the petition with a written statement of its reasons for 771
1145-the denial. 772
1146- Section 3. Section 120.541, Florida Statutes, is amended 773
1147-to read: 774
1148- 120.541 Statement of estimated regulatory costs. — 775
1149-
1150-CS/CS/CS/HB 713 2023
1151-
1152-
1153-
1154-CODING: Words stricken are deletions; words underlined are additions.
1155-hb0713-03-c3
1124+person who submitted the lower cost regulatory alternative , to 751
1125+the rules ombudsman in the Executive Office of the Governor, and 752
1126+to the committee. The revised statement must be published and 753
1127+made available in the same manner as the original sta tement of 754
1128+estimated regulatory costs and shall provide notice on the 755
1129+agency's website that it is available to the public . 756
1130+ (d)(e) Notwithstanding s. 120.56(1)(c), the failure of the 757
1131+agency to prepare and publish a statement of estimated 758
1132+regulatory costs or to respond to a written lower cost 759
1133+regulatory alternative as provided in this subsection is a 760
1134+material failure to follow the applicable rulemaking procedures 761
1135+or requirements set forth in this chapter. 762
1136+ (e)(f) An agency's failure to prepare a statement o f 763
1137+estimated regulatory costs or to respond to a written lower cost 764
1138+regulatory alternative may not be raised in a proceeding 765
1139+challenging the validity of a rule pursuant to s. 120.52(8)(a) 766
1140+unless: 767
1141+ 1. Raised in a petition filed no later than 1 year after 768
1142+the effective date of the rule; and 769
1143+ 2. Raised by a person whose substantial interests are 770
1144+affected by the rule's regulatory costs. 771
1145+ (f)(g) A rule that is challenged pursuant to s. 772
1146+120.52(8)(f) may not be declared invalid unless: 773
1147+ 1. The issue is raised i n an administrative proceeding 774
1148+within 1 year after the effective date of the rule; 775
1149+
1150+CS/CS/HB 713 2023
1151+
1152+
1153+
1154+CODING: Words stricken are deletions; words underlined are additions.
1155+hb0713-02-c2
11561156 Page 32 of 58
11571157 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
11581158
11591159
11601160
1161- (1)(a) Within 21 days after publication of the notice of a 776
1162-proposed rule or notice of change required under s. 777
1163-120.54(3)(a), a substantially affected person may submit to an 778
1164-agency a good faith written proposal for a lower cost regulatory 779
1165-alternative to a proposed rule which substantially accomplishes 780
1166-the objectives of the law being implemented. The agency shall 781
1167-provide a copy of any proposal for a lower cost regulatory 782
1168-alternative to the committee at least 21 days before filing the 783
1169-proposed rule for adoption. The proposal may include the 784
1170-alternative of not adopting any rule if the proposal explains 785
1171-how the lower costs and objectives of the law will be achieved 786
1172-by not adopting any rule. If submitted after a notice of change, 787
1173-a proposal for a lower cost regulatory alt ernative is deemed to 788
1174-be made in good faith only if the person reasonably believes, 789
1175-and the proposal states the person's reasons for believing, that 790
1176-the proposed rule as changed by the notice of change increases 791
1177-the regulatory costs or creates an adverse i mpact on small 792
1178-businesses which was not created by the previous proposed rule. 793
1179-If such a proposal is submitted, the 90 -day period for filing 794
1180-the rule is extended 21 days. Upon the submission of the lower 795
1181-cost regulatory alternative, the agency shall prepare a 796
1182-statement of estimated regulatory costs as provided in 797
1183-subsection (2), or shall revise its prior statement of estimated 798
1184-regulatory costs, and either adopt the alternative proposal, 799
1185-reject the alternative proposal, or modify the proposed rule to 800
1186-
1187-CS/CS/CS/HB 713 2023
1188-
1189-
1190-
1191-CODING: Words stricken are deletions; words underlined are additions.
1192-hb0713-03-c3
1161+ 2. The challenge is to the agency's rejection of a lower 776
1162+cost regulatory alternative offered under paragraph (a) or s. 777
1163+120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and 778
1164+ 3. The substantial interests of the person challenging the 779
1165+rule are materially affected by the rejection. 780
1166+ (2) A statement of estimated regulatory costs must shall 781
1167+include: 782
1168+ (a) An economic analysis showing whether the rule directly 783
1169+or indirectly: 784
1170+ 1. Is likely to have an adverse impact on economic growth, 785
1171+private sector job creation or employment, or private sector 786
1172+investment in excess of $1 million in the aggregate within 5 787
1173+years after the implementation of the rule; 788
1174+ 2. Is likely to have an adverse impact on business 789
1175+competitiveness, including the ability of persons doing business 790
1176+in the state to compete with persons doing business in other 791
1177+states or domestic markets, productivity, or innovation in 792
1178+excess of $1 million in the aggregate within 5 years after th e 793
1179+implementation of the rule; or 794
1180+ 3. Is likely to increase regulatory costs, including all 795
1181+any transactional costs and impacts estimated in the statement , 796
1182+in excess of $1 million in the aggregate within 5 years after 797
1183+the implementation of the rule. 798
1184+ (b) A good faith estimate of the number of individuals , 799
1185+small businesses, and other entities likely to be required to 800
1186+
1187+CS/CS/HB 713 2023
1188+
1189+
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11931193 Page 33 of 58
11941194 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
11951195
11961196
11971197
1198-reduce the regulatory costs. If the agency rejects the 801
1199-alternative proposal or modifies the proposed rule, the agency 802
1200-must or provide a statement of the reasons for rejecting the 803
1201-alternative in favor of the proposed rule. 804
1202- (b) If a proposed rule will have an adv erse impact on 805
1203-small business or if the proposed rule is likely to directly or 806
1204-indirectly increase regulatory costs in excess of $200,000 in 807
1205-the aggregate within 1 year after the implementation of the 808
1206-rule, the agency shall prepare a statement of estimated 809
1207-regulatory costs as required by s. 120.54(3)(b). 810
1208- (c) The agency must shall revise a statement of estimated 811
1209-regulatory costs if any change to the rule made under s. 812
1210-120.54(3)(d) increases the regulatory costs of the rule or if 813
1211-the rule is modified in res ponse to the submission of a lower 814
1212-cost regulatory alternative. A summary of the revised statement 815
1213-must be included with any subsequent notice published under s. 816
1214-120.54(3). 817
1215- (d) At least 21 days before filing the proposed rule for 818
1216-adoption, an agency that is required to revise a statement of 819
1217-estimated regulatory costs shall provide the statement to the 820
1218-person who submitted the lower cost regulatory alternative , to 821
1219-the rules ombudsman in the Executive Office of the Governor , and 822
1220-to the committee. The revised statement must be published and 823
1221-made available in the same manner as the original statement of 824
1222-estimated regulatory costs and shall provide notice on the 825
1223-
1224-CS/CS/CS/HB 713 2023
1225-
1226-
1227-
1228-CODING: Words stricken are deletions; words underlined are additions.
1229-hb0713-03-c3
1198+comply with the rule, together with a general description of the 801
1199+types of individuals likely to be affected by the rule. 802
1200+ (c) A good faith estimate of the cost to the agency, and 803
1201+to any other state and local government entities, of 804
1202+implementing and enforcing the proposed rule, and any 805
1203+anticipated effect on state or local revenues. 806
1204+ (d) A good faith estimate of the compliance transactional 807
1205+costs likely to be incurred by individuals and entities, 808
1206+including local government entities, required to comply with the 809
1207+requirements of the rule. As used in this section, 810
1208+"transactional costs" are direct costs that are readily 811
1209+ascertainable based upon stan dard business practices, and 812
1210+include filing fees, the cost of obtaining a license, the cost 813
1211+of equipment required to be installed or used or procedures 814
1212+required to be employed in complying with the rule, additional 815
1213+operating costs incurred, the cost of mon itoring and reporting, 816
1214+and any other costs necessary to comply with the rule. 817
1215+ (e) An analysis of the impact on small businesses as 818
1216+defined by s. 288.703, and an analysis of the impact on small 819
1217+counties and small cities as defined in s. 120.52. The impact 820
1218+analysis for small businesses must include the basis for the 821
1219+agency's decision not to implement alternatives that would 822
1220+reduce adverse impacts on small businesses. 823
1221+ (f) Any additional information that the agency determines 824
1222+may be useful. 825
1223+
1224+CS/CS/HB 713 2023
1225+
1226+
1227+
1228+CODING: Words stricken are deletions; words underlined are additions.
1229+hb0713-02-c2
12301230 Page 34 of 58
12311231 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
12321232
12331233
12341234
1235-agency's website that it is available to the public . 826
1236- (e) Notwithstanding s. 120.56(1)(c), the failure of the 827
1237-agency to prepare and publish a statement of estimated 828
1238-regulatory costs or to respond to a written lower cost 829
1239-regulatory alternative as provided in this subsection is a 830
1240-material failure to follow the applicable rulemaking procedures 831
1241-or requirements set forth in this chapter. 832
1242- (f) An agency's failure to prepare a statement of 833
1243-estimated regulatory costs or to respond to a written lower cost 834
1244-regulatory alternative may not be raised in a proceeding 835
1245-challenging the validity of a rule pursuant to s. 120.52(8)(a) 836
1246-unless: 837
1247- 1. Raised in a petition filed no later than 1 year after 838
1248-the effective date of the rule; and 839
1249- 2. Raised by a person whose substantial interests are 840
1250-affected by the rule's regulatory costs. 841
1251- (g) A rule that is challenged pursuant to s. 120.52(8)(f) 842
1252-may not be declared invalid unless: 843
1253- 1. The issue is raised in an administrative proceeding 844
1254-within 1 year after the effective date of the rule; 845
1255- 2. The challenge is to the agency's rejection of a lower 846
1256-cost regulatory alternative offered under paragraph (a) or s. 847
1257-120.54(3)(b)2.b.; and 848
1258- 3. The substantial interests of the person challenging the 849
1259-rule are materially affected by the rejection. 850
1260-
1261-CS/CS/CS/HB 713 2023
1262-
1263-
1264-
1265-CODING: Words stricken are deletions; words underlined are additions.
1266-hb0713-03-c3
1235+ (g) In the statement or revised statement, whichever 826
1236+applies, a description of any regulatory alternatives submitted 827
1237+under paragraph (1)(a) and a statement adopting the alternative 828
1238+or a statement of the reasons for rejecting the alternative in 829
1239+favor of the proposed rule . 830
1240+ (3) If the adverse impact or regulatory costs of the rule 831
1241+exceed any of the criteria established in paragraph (2)(a), the 832
1242+rule must shall be submitted to the President of the Senate and 833
1243+Speaker of the House of Representatives no later than 30 days 834
1244+before prior to the next regular legislative session, and the 835
1245+rule may not take effect until it is ratified by the 836
1246+Legislature. 837
1247+ (4) Subsection (3) does not apply to the adoption of: 838
1248+ (a) Federal standards pursuant to s. 120.54(6). 839
1249+ (b) Triennial updates of and amendments to the Florida 840
1250+Building Code which are expressly authorized by s. 553.73. 841
1251+ (c) Triennial updates of and amendments to the Florida 842
1252+Fire Prevention Code which are expressly authorized by s. 843
1253+633.202. 844
1254+ (d) Emergency rules adopted pursuant to s. 120.54(4). 845
1255+ (5) For purposes of subsections (2) and (3), adverse 846
1256+impacts and regulatory costs likely to occur within 5 years 847
1257+after implementation of the rule include adverse impacts and 848
1258+regulatory costs estimated to occur within 5 years after the 849
1259+effective date of the rule. However, if any provision of the 850
1260+
1261+CS/CS/HB 713 2023
1262+
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1265+CODING: Words stricken are deletions; words underlined are additions.
1266+hb0713-02-c2
12671267 Page 35 of 58
12681268 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
12691269
12701270
12711271
1272- (2) A statement of estimated regulatory costs must shall 851
1273-include: 852
1274- (a) An economic analysis showing whether the rule directly 853
1275-or indirectly: 854
1276- 1. Is likely to have an adverse impact on economic growth, 855
1277-private sector job creation or employment, or private sector 856
1278-investment in excess of $1 million in the aggreg ate within 5 857
1279-years after the implementation of the rule; 858
1280- 2. Is likely to have an adverse impact on business 859
1281-competitiveness, including the ability of persons doing business 860
1282-in this the state to compete with persons doing business in 861
1283-other states or domes tic markets, productivity, or innovation in 862
1284-excess of $1 million in the aggregate within 5 years after the 863
1285-implementation of the rule; or 864
1286- 3. Is likely to increase regulatory costs, including all 865
1287-any transactional costs and impacts estimated in the statem ent, 866
1288-in excess of $1 million in the aggregate within 5 years after 867
1289-the implementation of the rule. 868
1290- (b) A good faith estimate of the number of individuals , 869
1291-small businesses, and other entities likely to be required to 870
1292-comply with the rule, together with a general description of the 871
1293-types of individuals likely to be affected by the rule. 872
1294- (c) A good faith estimate of the cost to the agency, and 873
1295-to any other state and local government entities, of 874
1296-implementing and enforcing the proposed rule, and any 875
1297-
1298-CS/CS/CS/HB 713 2023
1299-
1300-
1301-
1302-CODING: Words stricken are deletions; words underlined are additions.
1303-hb0713-03-c3
1272+rule is not fully implemented upon the effective date of the 851
1273+rule, the adverse impacts and regulatory costs associated with 852
1274+such provision must be adjusted to include any additional 853
1275+adverse impacts and regulatory costs estimated to occur within 5 854
1276+years after implementation of such provision. 855
1277+ (6)(a) In evaluating the impacts described in paragraphs 856
1278+(2)(a) and (e), an agency shall include good faith estimates of 857
1279+market impacts likely to result from com pliance with the 858
1280+proposed rule, including: 859
1281+ 1. Increased customer charges for goods or services. 860
1282+ 2. Decreased market value of goods or services produced, 861
1283+provided, or sold. 862
1284+ 3. Increased costs resulting from the purchase of 863
1285+substitute or alternative go ods or services. 864
1286+ 4. The reasonable value of time to be spent by owners, 865
1287+officers, operators, and managers to understand and comply with 866
1288+the proposed rule, including, but not limited to, time to be 867
1289+spent to complete required education, training, or testin g. 868
1290+ 5. Capital costs. 869
1291+ 6. Any other impacts suggested by the rules ombudsman in 870
1292+the Executive Office of the Governor or by any interested 871
1293+persons. 872
1294+ (b) In estimating the information required in paragraphs 873
1295+(2)(b)-(e), the agency may use surveys of indivi duals, 874
1296+businesses, business organizations, counties, and municipalities 875
1297+
1298+CS/CS/HB 713 2023
1299+
1300+
1301+
1302+CODING: Words stricken are deletions; words underlined are additions.
1303+hb0713-02-c2
13041304 Page 36 of 58
13051305 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
13061306
13071307
13081308
1309-anticipated effect on state or local revenues. 876
1310- (d) A good faith estimate of the compliance transactional 877
1311-costs likely to be incurred by individuals and entities, 878
1312-including local government entities, required to comply with the 879
1313-requirements of the rule. As used in this section, 880
1314-"transactional costs" are direct costs that are readily 881
1315-ascertainable based upon standard business practices, and 882
1316-include filing fees, the cost of obtaining a license, the cost 883
1317-of equipment required to be installed or used or procedures 884
1318-required to be employed in complying with the rule, additional 885
1319-operating costs incurred, the cost of monitoring and reporting, 886
1320-and any other costs necessary to comply with the rule. 887
1321- (e) An analysis of the impact on small businesses as 888
1322-defined by s. 288.70 3, and an analysis of the impact on small 889
1323-counties and small cities as defined in s. 120.52. The impact 890
1324-analysis for small businesses must include the basis for the 891
1325-agency's decision not to implement alternatives that would 892
1326-reduce adverse impacts on small businesses. 893
1327- (f) Any additional information that the agency determines 894
1328-may be useful. 895
1329- (g) In the statement or revised statement, whichever 896
1330-applies, a description of any regulatory alternatives submitted 897
1331-under paragraph (1)(a) and a statement adopting th e alternative 898
1332-or a statement of the reasons for rejecting the alternative in 899
1333-favor of the proposed rule. 900
1334-
1335-CS/CS/CS/HB 713 2023
1336-
1337-
1338-
1339-CODING: Words stricken are deletions; words underlined are additions.
1340-hb0713-03-c3
1309+to collect data helpful to estimate the costs and impacts. 876
1310+ (c) In estimating compliance costs under paragraph (2)(d), 877
1311+the agency shall consider, among other matters, all direct and 878
1312+indirect costs necessary to comply with the proposed rule which 879
1313+are readily ascertainable based upon standard business 880
1314+practices, including, but not limited to, costs related to: 881
1315+ 1. Filing fees. 882
1316+ 2. Expenses to obtain a license. 883
1317+ 3. Necessary equipment. 884
1318+ 4. Installation, utilities, and maintenance of necessary 885
1319+equipment. 886
1320+ 5. Necessary operations and procedures. 887
1321+ 6. Accounting, financial, information management, and 888
1322+other administrative processes. 889
1323+ 7. Other processes. 890
1324+ 8. Labor based on relevant rate s of wages, salaries, and 891
1325+benefits. 892
1326+ 9. Materials and supplies. 893
1327+ 10. Capital expenditures, including financing costs. 894
1328+ 11. Professional and technical services, including 895
1329+contracted services necessary to implement and maintain 896
1330+compliance. 897
1331+ 12. Monitoring and reporting. 898
1332+ 13. Qualifying and recurring education, training, and 899
1333+testing. 900
1334+
1335+CS/CS/HB 713 2023
1336+
1337+
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13411341 Page 37 of 58
13421342 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
13431343
13441344
13451345
1346- (3) If the adverse impact or regulatory costs of the rule 901
1347-exceed any of the criteria established in paragraph (2)(a), the 902
1348-rule must shall be submitted to the President of the Senate and 903
1349-Speaker of the House of Representatives no later than 30 days 904
1350-before prior to the next regular legislative session, and the 905
1351-rule may not take effect until it is ratified by the 906
1352-Legislature. 907
1353- (4) Subsection (3) does not apply to the adoption of: 908
1354- (a) Federal standards pursuant to s. 120.54(6). 909
1355- (b) Triennial updates of and amendments to the Florida 910
1356-Building Code which are expressly authorized by s. 553.73. 911
1357- (c) Triennial updates of and amendments to the Florida 912
1358-Fire Prevention Code which are expressly authorized by s. 913
1359-633.202. 914
1360- (d) Emergency rules adopted pursuant to s. 120.54(4). 915
1361- (5) For purposes of subsections (2) and (3), adverse 916
1362-impacts and regulatory costs likely to occur within 5 years 917
1363-after implementation of the rule include adverse impacts and 918
1364-regulatory costs estimated to occur within 5 years after the 919
1365-effective date of the rule. However, if any provision of the 920
1366-rule is not fully implemented upon the effective date of the 921
1367-rule, the adverse impacts and regula tory costs associated with 922
1368-such provision must be adjusted to include any additional 923
1369-adverse impacts and regulatory costs estimated to occur within 5 924
1370-years after implementation of such provision. 925
1371-
1372-CS/CS/CS/HB 713 2023
1373-
1374-
1375-
1376-CODING: Words stricken are deletions; words underlined are additions.
1377-hb0713-03-c3
1346+ 14. Travel. 901
1347+ 15. Insurance and surety requirements. 902
1348+ 16. A fair and reasonable allocation of administrative 903
1349+costs and other overhead. 904
1350+ 17. Reduced sales or othe r revenues. 905
1351+ 18. Other items suggested by the rules ombudsman in the 906
1352+Executive Office of the Governor or by any interested person, 907
1353+business organization, or business representative. 908
1354+ (7)(a) The Department of State shall include on the 909
1355+Florida Administrative Register website the agency website 910
1356+addresses where statements of estimated regulatory costs can be 911
1357+viewed in their entirety. 912
1358+ (b) An agency that prepares a statement of estimated 913
1359+regulatory costs must provide, as part of the notice required 914
1360+under s. 120.54(3)(a), the agency website address where the 915
1361+statement of estimated regulatory costs can be read in its 916
1362+entirety to the Department of State for publication in the 917
1363+Florida Administrative Register. 918
1364+ (c) If an agency revises its statement of estimated 919
1365+regulatory costs, the agency must provide notice that a revision 920
1366+has been made. Such notice must include the agency website 921
1367+address where the revision can be viewed in its entirety. 922
1368+ Section 4. Section 120.5435, Florida Statutes, is created 923
1369+to read: 924
1370+ 120.5435 Repromulgation of rules. — 925
1371+
1372+CS/CS/HB 713 2023
1373+
1374+
1375+
1376+CODING: Words stricken are deletions; words underlined are additions.
1377+hb0713-02-c2
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13791379 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
13801380
13811381
13821382
1383- (6) If an agency revises its statement of estimated 926
1384-regulatory costs, the agency must provide notice that a revision 927
1385-has been made in the manner provided under s. 120.54(3)(d)1. 928
1386-Such notice must also include the agency website address where 929
1387-the revision can be viewed in its entirety. 930
1388- Section 4. Section 120.54 35, Florida Statutes, is created 931
1389-to read: 932
1390- 120.5435 Repromulgation of rules. — 933
1391- (1) It is the intent of the Legislature that each agency 934
1392-periodically review its rules for consistency with the powers 935
1393-and duties granted by its enabling statutes. 936
1394- (2) If an agency determines after review that substantive 937
1395-changes to update a rule are not required, the agency must 938
1396-repromulgate the rule to reflect the date of the review. All 939
1397-rules adopted, amended, or repromulgated on or after January 1, 940
1398-2019, must be reviewed and amended, repealed, or repromulgated 941
1399-within 5 years after their effective dates and every 5 years 942
1400-thereafter. Each agency shall review all existing rules pursuant 943
1401-to this section no later than December 31, 2028, in accordance 944
1402-with a schedule provided by the committee. No later than 945
1403-September 1, 2023, and annually thereafter, the committee shall 946
1404-provide each agency with a list of existing rules and their 947
1405-effective dates to be reviewed in the next calendar year. Any 948
1406-variation from this schedule must be ref lected in the agency's 949
1407-regulatory plan. Failure of an agency to adhere to the deadlines 950
1408-
1409-CS/CS/CS/HB 713 2023
1410-
1411-
1412-
1413-CODING: Words stricken are deletions; words underlined are additions.
1414-hb0713-03-c3
1383+ (1) It is the intent of the Legislature that each agency 926
1384+periodically review its rules for consistency with the powers 927
1385+and duties granted by its enabling statutes. 928
1386+ (2) If an agency determines after review that substa ntive 929
1387+changes to update a rule are not required, such agency must 930
1388+repromulgate the rule to reflect the date of the review. Each 931
1389+agency shall review its rules pursuant to this section either 5 932
1390+years after July 1, 2023, if the rule was adopted before January 933
1391+1, 2010, or 10 years after the rule is adopted, if the rule was 934
1392+adopted on or after January 1, 2010. Failure of an agency to 935
1393+adhere to the deadlines imposed in this section shall be a basis 936
1394+for any person regulated by the agency or having substantial 937
1395+interest in the agency rule to petition the agency requesting 938
1396+the agency to review the rule in accordance with this section. 939
1397+Upon receipt of such a petition, the agency shall have 30 days 940
1398+to either comply with the requirements of this section or, if 941
1399+the agency determines that the duties imposed on the agency are 942
1400+inapplicable at that time to the specified rule, deny the 943
1401+petition with a statement explaining the basis for the denial. 944
1402+ (3) Before repromulgation of a rule, the agency must, upon 945
1403+approval by the agen cy head or the agency head's designee: 946
1404+ (a) Publish a notice of repromulgation in the Florida 947
1405+Administrative Register. A notice of repromulgation is not 948
1406+required to include the text of the rule being repromulgated. 949
1407+ (b) File the rule for repromulgation w ith the Department 950
1408+
1409+CS/CS/HB 713 2023
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14161416 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
14171417
14181418
14191419
1420-imposed in this section constitutes a material failure to follow 951
1421-the applicable rulemaking procedures or requirements of this 952
1422-chapter and shall be the basis of an objec tion under s. 120.545. 953
1423- (3) Before repromulgation of a rule, the agency must, upon 954
1424-approval by the agency head or the agency head's designee: 955
1425- (a) Publish a notice of repromulgation in the Florida 956
1426-Administrative Register. A notice of repromulgation is no t 957
1427-required to include the text of the rule being repromulgated. 958
1428- (b) File the rule for repromulgation with the Department 959
1429-of State. A rule may not be filed for repromulgation less than 960
1430-28 days, or more than 90 days, after the date of publication of 961
1431-the notice required by paragraph (a). 962
1432- (4) The agency must file a notice of repromulgation with 963
1433-the committee at least 14 days before filing the rule for 964
1434-repromulgation. At the time the rule is filed for 965
1435-repromulgation, the committee shall certify whether the a gency 966
1436-has responded in writing to all material and timely written 967
1437-comments or written inquiries made on behalf of the committee. 968
1438- (5) A repromulgated rule is not subject to challenge as a 969
1439-proposed rule pursuant to s. 120.56(2). 970
1440- (6) The hearing requirements of s. 120.54 do not apply to 971
1441-repromulgation of a rule. 972
1442- (7)(a) The agency, upon approval of the agency head or the 973
1443-agency head's designee, shall electronically file with the 974
1444-Department of State a certified copy of the repromulgated rule 975
1445-
1446-CS/CS/CS/HB 713 2023
1447-
1448-
1449-
1450-CODING: Words stricken are deletions; words underlined are additions.
1451-hb0713-03-c3
1420+of State. A rule may not be filed for repromulgation less than 951
1421+28 days, and not more than 90 days, after the date of 952
1422+publication of the notice required by paragraph (a). 953
1423+ (4) The agency must file a notice of repromulgation with 954
1424+the committee at least 14 days before filing the rule for 955
1425+repromulgation. At the time the rule is filed for 956
1426+repromulgation, the committee shall certify whether the agency 957
1427+has responded in writing to all material and timely written 958
1428+comments or written inquiries mad e on behalf of the committee. 959
1429+ (5) A repromulgated rule is not subject to challenge as a 960
1430+proposed rule pursuant to s. 120.56(2). 961
1431+ (6) The hearing requirements of s. 120.54 do not apply to 962
1432+repromulgation of a rule. 963
1433+ (7)(a) The agency, upon approval of th e agency head or the 964
1434+agency head's designee, shall file with the Department of State 965
1435+three certified copies of the repromulgated rule it proposes to 966
1436+adopt and one certified copy of any material incorporated by 967
1437+reference in the rule. 968
1438+ (b) The repromulgated rule shall be adopted upon filing 969
1439+with the Department of State and becomes effective 20 days after 970
1440+the date it is filed. 971
1441+ (c) The Department of State shall update the history note 972
1442+of the rule in the Florida Administrative Code to reflect the 973
1443+effective date of the repromulgated rule. 974
1444+ (8) Any rule that is not repromulgated in accordance with 975
1445+
1446+CS/CS/HB 713 2023
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14531453 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
14541454
14551455
14561456
1457-it proposes to adopt and one certified copy of any material 976
1458-incorporated by reference in the rule. 977
1459- (b) The rule is considered to be repromulgated upon its 978
1460-filing with the Department of State. 979
1461- (c) The Department of State shall update the history note 980
1462-of the rule in the Florida Administrative Code to reflect the 981
1463-filing date of the repromulgated rule. 982
1464- (8) At least 30 days before each legislative session, the 983
1465-committee shall submit to the President of the Senate and the 984
1466-Speaker of the House of Representatives a list of all rules that 985
1467-have not been repromulgated in accordance with this section, and 986
1468-identify whether the statutory rulemaking authority for each 987
1469-rule remains in effect. If no action is taken by the Legislature 988
1470-with regard to a rule during the next re gular legislative 989
1471-session, each agency, by July 1 following the close of the 990
1472-session, must initiate rulemaking proceedings under this chapter 991
1473-to repeal the rule. 992
1474- (9) The Department of State shall adopt rules to implement 993
1475-this section by December 31, 2023 . 994
1476- Section 5. Subsection (1) of section 120.545, Florida 995
1477-Statutes, is amended to read: 996
1478- 120.545 Committee review of agency rules. — 997
1479- (1) As a legislative check on legislatively created 998
1480-authority, the committee shall examine each existing rule and 999
1481-proposed rule, except for those proposed rules exempted by s. 1000
1482-
1483-CS/CS/CS/HB 713 2023
1484-
1485-
1486-
1487-CODING: Words stricken are deletions; words underlined are additions.
1488-hb0713-03-c3
1457+this section must be submitted to the President of the Senate 976
1458+and the Speaker of the House of Representatives within 7 days 977
1459+after the decision to not repromulgate the rule. The decision to 978
1460+not repromulgate shall not become effective until the conclusion 979
1461+of the next regular session of the Legislature following the 980
1462+decision. 981
1463+ (9) The Department of State shall adopt rules to implement 982
1464+this section by December 31, 2023. 983
1465+ Section 5. Section 120.5436, Florida Statutes, is created 984
1466+to read: 985
1467+ 120.5436 Infrastructure permitting review. — 986
1468+ (1)(a) It is the intent of the Legislature to build a more 987
1469+resilient and responsive government infrastructure to allow 988
1470+quick recovery after natural disasters including hurricanes and 989
1471+tropical storms without negatively impacting coastal ecosystems 990
1472+or increasing future community vulnerability. 991
1473+ (b) It is the intent of the Legislature to promote 992
1474+efficiency in the state's government across branches, agencies, 993
1475+and other governmental entities and to identify areas of 994
1476+improvement within each that allows for quick, effective 995
1477+delivery of services. 996
1478+ (c) Further, the Legislature intends for the state to seek 997
1479+out ways to improve its administrative procedures in relevant 998
1480+fields to build a streamlined permitting process that withstands 999
1481+disruptions caused by natural disasters, including hurricanes 1000
1482+
1483+CS/CS/HB 713 2023
1484+
1485+
1486+
1487+CODING: Words stricken are deletions; words underlined are additions.
1488+hb0713-02-c2
14891489 Page 41 of 58
14901490 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
14911491
14921492
14931493
1494-120.81(1)(e) and (2), and its accompanying material, and each 1001
1495-emergency rule, and may examine any existing rule, for the 1002
1496-purpose of determining whether: 1003
1497- (a) The rule is an invalid exercise of deleg ated 1004
1498-legislative authority. 1005
1499- (b) The statutory authority for the rule has been 1006
1500-repealed. 1007
1501- (c) The rule reiterates or paraphrases statutory material. 1008
1502- (d) The rule is in proper form. 1009
1503- (e) The notice given before prior to its adoption was 1010
1504-sufficient to give adequate notice of the purpose and effect of 1011
1505-the rule. 1012
1506- (f) The rule is consistent with expressed legislative 1013
1507-intent pertaining to the specific provisions of law which the 1014
1508-rule implements. 1015
1509- (g) The rule is necessary t o accomplish the apparent or 1016
1510-expressed objectives of the specific provision of law which the 1017
1511-rule implements. 1018
1512- (h) The rule is a reasonable implementation of the law as 1019
1513-it affects the convenience of the general public or persons 1020
1514-particularly affected by t he rule. 1021
1515- (i) The rule could be made less complex or more easily 1022
1516-comprehensible to the general public. 1023
1517- (j) The rule's statement of estimated regulatory costs 1024
1518-complies with the requirements of s. 120.541 and whether the 1025
1519-
1520-CS/CS/CS/HB 713 2023
1521-
1522-
1523-
1524-CODING: Words stricken are deletions; words underlined are additions.
1525-hb0713-03-c3
1494+and tropical storms, while maintaining the integrity of natural 1001
1495+coastal ecosystems. 1002
1496+ (2)(a) The Departmen t of Environmental Protection and 1003
1497+water management districts shall conduct a holistic review of 1004
1498+their current coastal permitting processes and other permit 1005
1499+programs, excluding coastal high -hazard areas as described in s. 1006
1500+163.3178(2)(h). These permitting pr ocesses shall include, but 1007
1501+not be limited to, coastal construction control line permits, 1008
1502+joint coastal permits, environmental resource permits, permits 1009
1503+relating to nature-based infrastructure, and, consistent with 1010
1504+the terms of the Endangered Species Act an d the United States 1011
1505+Environmental Protection Agency's approval, state -administered 1012
1506+404 permits. 1013
1507+ (b) The scope and purpose of the review shall be to 1014
1508+identify areas of improvement to increase efficiency within each 1015
1509+process. Factors that must be considered in the review include 1016
1510+the following: 1017
1511+ 1. The requirements to obtain a permit. 1018
1512+ 2. Areas for improved efficiency and decision -point 1019
1513+consolidation within a single project's process. 1020
1514+ 3. Areas of duplication across one or more permit 1021
1515+programs. 1022
1516+ 4. The methods of requesting permits. 1023
1517+ 5. Any other factors that may increase the efficiency of 1024
1518+permitting processes and may allow improved storm recovery. 1025
1519+
1520+CS/CS/HB 713 2023
1521+
1522+
1523+
1524+CODING: Words stricken are deletions; words underlined are additions.
1525+hb0713-02-c2
15261526 Page 42 of 58
15271527 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
15281528
15291529
15301530
1531-rule does not impose regulatory co sts on the regulated person, 1026
1532-county, or city which could be reduced by the adoption of less 1027
1533-costly alternatives that substantially accomplish the statutory 1028
1534-objectives. 1029
1535- (k) The rule will require additional appropriations. 1030
1536- (l) If the rule is an emergency rule, there exists an 1031
1537-emergency justifying the adoption of such rule, the agency is 1032
1538-within its statutory authority, and the rule was adopted in 1033
1539-compliance with the requirements and limitations of s. 1034
1540-120.54(4). 1035
1541- Section 6. Paragraphs (a), (b), and (c) o f subsection (1) 1036
1542-of section 120.55, Florida Statutes, are amended to read: 1037
1543- 120.55 Publication. — 1038
1544- (1) The Department of State shall: 1039
1545- (a)1. Through a continuous revision and publication 1040
1546-system, compile and publish electronically, on a website managed 1041
1547-by the department, the "Florida Administrative Code." The 1042
1548-Florida Administrative Code must shall contain all rules adopted 1043
1549-by each agency, citing the grant of rulemaking authority and the 1044
1550-specific law implemented pursuant to which each rule was 1045
1551-adopted, all history notes as authorized in s. 120.545(7), 1046
1552-complete indexes to all rules contained in the code, and any 1047
1553-other material required or authorized by law or deemed useful by 1048
1554-the department. The electronic code must shall display each rule 1049
1555-chapter currently in effect in browse mode and allow full text 1050
1556-
1557-CS/CS/CS/HB 713 2023
1558-
1559-
1560-
1561-CODING: Words stricken are deletions; words underlined are additions.
1562-hb0713-03-c3
1531+ 6. Adequate staffing levels necessary for complete and 1026
1532+efficient review. 1027
1533+ (c) By December 31, 2023, the de partment and water 1028
1534+management districts shall provide their findings and proposed 1029
1535+solutions in a report to the Governor, the President of the 1030
1536+Senate, and the Speaker of the House of Representatives. 1031
1537+ Section 6. Subsection (1) of section 120.545, Florida 1032
1538+Statutes, is amended to read: 1033
1539+ 120.545 Committee review of agency rules. — 1034
1540+ (1) As a legislative check on legislatively created 1035
1541+authority, the committee shall examine each existing rule and 1036
1542+proposed rule, except for those proposed rules exempted by s. 1037
1543+120.81(1)(e) and (2), and its accompanying material, and each 1038
1544+emergency rule, and may examine any existing rule, for the 1039
1545+purpose of determining whether: 1040
1546+ (a) The rule is an invalid exercise of delegated 1041
1547+legislative authority. 1042
1548+ (b) The statutory authority f or the rule has been 1043
1549+repealed. 1044
1550+ (c) The rule reiterates or paraphrases statutory material. 1045
1551+ (d) The rule is in proper form. 1046
1552+ (e) The notice given before prior to its adoption was 1047
1553+sufficient to give adequate notice of the purpose and effect of 1048
1554+the rule. 1049
1555+ (f) The rule is consistent with expressed legislative 1050
1556+
1557+CS/CS/HB 713 2023
1558+
1559+
1560+
1561+CODING: Words stricken are deletions; words underlined are additions.
1562+hb0713-02-c2
15631563 Page 43 of 58
15641564 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
15651565
15661566
15671567
1568-search of the code and each rule chapter. The department may 1051
1569-contract with a publishing firm for a printed publication; 1052
1570-however, the department shall retain responsibility for the code 1053
1571-as provided in this section . The electronic publication is shall 1054
1572-be the official compilation of the administrative rules of this 1055
1573-state. The Florida Administrative Register must be published 1056
1574-once each business day by 8 a.m., with the exception of state 1057
1575-holidays or emergency closures of state agencies. If a rule, 1058
1576-proposed rule, or notice of rule development is corrected and 1059
1577-replaced, the corrected rule or notice must be published in the 1060
1578-next available Florida Administrative Register with a notation 1061
1579-indicating that the rule, proposed ru le, or notice has been 1062
1580-corrected by the Department of State. Any timeframes for 1063
1581-rulemaking set forth in this chapter must revert to the initial 1064
1582-date of publication. The Department of State retains shall 1065
1583-retain the copyright over the Florida Administrative Code. 1066
1584- 2. Not publish rules in the Florida Administrative Code 1067
1585-which are general in form but applicable to only one school 1068
1586-district, community college district, or county, or a part 1069
1587-thereof, or state university rules relating to internal 1070
1588-personnel or business and finance shall not be published in the 1071
1589-Florida Administrative Code . Exclusion from publication in the 1072
1590-Florida Administrative Code does shall not affect the validity 1073
1591-or effectiveness of such rules. 1074
1592- 3. At the beginning of the section of the code de aling 1075
1593-
1594-CS/CS/CS/HB 713 2023
1595-
1596-
1597-
1598-CODING: Words stricken are deletions; words underlined are additions.
1599-hb0713-03-c3
1568+intent pertaining to the specific provisions of law which the 1051
1569+rule implements. 1052
1570+ (g) The rule is necessary to accomplish the apparent or 1053
1571+expressed objectives of the specific provision of law which the 1054
1572+rule implements. 1055
1573+ (h) The rule is a reasonable implementation of the law as 1056
1574+it affects the convenience of the general public or persons 1057
1575+particularly affected by the rule. 1058
1576+ (i) The rule could be made less complex or more easily 1059
1577+comprehensible to the gene ral public. 1060
1578+ (j) The rule's statement of estimated regulatory costs 1061
1579+complies with the requirements of s. 120.541 and whether the 1062
1580+rule does not impose regulatory costs on the regulated person, 1063
1581+county, or city which could be reduced by the adoption of less 1064
1582+costly alternatives that substantially accomplish the statutory 1065
1583+objectives. 1066
1584+ (k) The rule will require additional appropriations. 1067
1585+ (l) If the rule is an emergency rule, there exists an 1068
1586+emergency justifying the adoption of such rule, the agency is 1069
1587+within its statutory authority, and the rule was adopted in 1070
1588+compliance with the requirements and limitations of s. 1071
1589+120.54(4). 1072
1590+ Section 7. Paragraphs (a), (b), and (c) of subsection (1) 1073
1591+of section 120.55, Florida Statutes, are amended to read: 1074
1592+ 120.55 Publication.— 1075
1593+
1594+CS/CS/HB 713 2023
1595+
1596+
1597+
1598+CODING: Words stricken are deletions; words underlined are additions.
1599+hb0713-02-c2
16001600 Page 44 of 58
16011601 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
16021602
16031603
16041604
1605-with an agency that files copies of its rules with the 1076
1606-department, the agency department shall publish the address and 1077
1607-telephone number of the executive offices of each agency, the 1078
1608-manner by which the agency indexes its rules, a listing of all 1079
1609-rules of that agency excluded from publication in the code, and 1080
1610-a statement as to where those rules may be inspected. 1081
1611- 4. Not publish forms shall not be published in the Florida 1082
1612-Administrative Code; but any form which an agency uses in its 1083
1613-dealings with the pub lic, along with any accompanying 1084
1614-instructions, shall be filed with the committee before it is 1085
1615-used. Any form or instruction which meets the definition of 1086
1616-"rule" provided in s. 120.52 must shall be incorporated by 1087
1617-reference into the appropriate rule. The re ference must shall 1088
1618-specifically state that the form is being incorporated by 1089
1619-reference and must shall include the number, title, and 1090
1620-effective date of the form and an explanation of how the form 1091
1621-may be obtained. Each form created by an agency which is 1092
1622-incorporated by reference in a rule notice of which is given 1093
1623-under s. 120.54(3)(a) after December 31, 2007, must clearly 1094
1624-display the number, title, and effective date of the form and 1095
1625-the number of the rule in which the form is incorporated. 1096
1626- 5. Require all materials incorporated by reference in any 1097
1627-part of an adopted rule and in any part of a repromulgated rule 1098
1628-The department shall allow adopted rules and material 1099
1629-incorporated by reference to be filed in the manner prescribed 1100
1630-
1631-CS/CS/CS/HB 713 2023
1632-
1633-
1634-
1635-CODING: Words stricken are deletions; words underlined are additions.
1636-hb0713-03-c3
1605+ (1) The Department of State shall: 1076
1606+ (a)1. Through a continuous revision and publication 1077
1607+system, compile and publish electronically, on a website managed 1078
1608+by the department, the "Florida Administrative Code." The 1079
1609+Florida Administrative Code must shall contain all rules adopted 1080
1610+by each agency, citing the grant of rulemaking authority and the 1081
1611+specific law implemented pursuant to which each rule was 1082
1612+adopted, all history notes as authorized in s. 120.545(7), 1083
1613+complete indexes to all rules containe d in the code, and any 1084
1614+other material required or authorized by law or deemed useful by 1085
1615+the department. The electronic code must shall display each rule 1086
1616+chapter currently in effect in browse mode and allow full text 1087
1617+search of the code and each rule chapter . The department may 1088
1618+contract with a publishing firm for a printed publication; 1089
1619+however, the department shall retain responsibility for the code 1090
1620+as provided in this section. The electronic publication is shall 1091
1621+be the official compilation of the administrat ive rules of this 1092
1622+state. The Florida Administrative Code must be published daily 1093
1623+by 8 a.m. If a rule, after publication, is corrected and 1094
1624+replaced, the Florida Administrative Code must indicate: 1095
1625+ a. That the Florida Administrative Code has been 1096
1626+republished; and 1097
1627+ b. That the rule that has been corrected by the Department 1098
1628+of State. 1099
1629+ 1100
1630+
1631+CS/CS/HB 713 2023
1632+
1633+
1634+
1635+CODING: Words stricken are deletions; words underlined are additions.
1636+hb0713-02-c2
16371637 Page 45 of 58
16381638 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
16391639
16401640
16411641
1642-by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by 1101
1643-department rule. When a proposed rule is filed for adoption or 1102
1644-repromulgation with incorporated material in electronic form, 1103
1645-the department's publication of the Florida Administrative Code 1104
1646-on its website must contain a hyperli nk from the incorporating 1105
1647-reference in the rule directly to that material. The department 1106
1648-may not allow hyperlinks from rules in the Florida 1107
1649-Administrative Code to any material other than that filed with 1108
1650-and maintained by the department, but may allow hype rlinks to 1109
1651-incorporated material maintained by the department from the 1110
1652-adopting agency's website or other sites. 1111
1653- 6. Include the date of any technical changes to a rule in 1112
1654-the history note of the rule in the Florida Administrative Code. 1113
1655-A technical change does not affect the effective date of the 1114
1656-rule. 1115
1657- (b) Electronically publish on a website managed by the 1116
1658-department a continuous revision and publication entitled the 1117
1659-"Florida Administrative Register," which shall serve as the 1118
1660-official publication and must contain: 1119
1661- 1. All notices required by s. 120.54(2) and (3)(a), 1120
1662-showing the text of all rules proposed for consideration. 1121
1663- 2. All notices of public meetings, hearings, and workshops 1122
1664-conducted in accordance with s. 120.525, including a statement 1123
1665-of the manner in which a copy of the agenda may be obtained. 1124
1666- 3. A notice of each request for authorization to amend or 1125
1667-
1668-CS/CS/CS/HB 713 2023
1669-
1670-
1671-
1672-CODING: Words stricken are deletions; words underlined are additions.
1673-hb0713-03-c3
1642+The Department of State retains shall retain the copyright over 1101
1643+the Florida Administrative Code. 1102
1644+ 2. Not publish rules in the Florida Administrative Code 1103
1645+which are general in form but applicable to only one school 1104
1646+district, community college district, or county, or a part 1105
1647+thereof, or state university rules relating to internal 1106
1648+personnel or business and finance shall not be published in the 1107
1649+Florida Administrative Cod e. Exclusion from publication in the 1108
1650+Florida Administrative Code does shall not affect the validity 1109
1651+or effectiveness of such rules. 1110
1652+ 3. At the beginning of the section of the code dealing 1111
1653+with an agency that files copies of its rules with the 1112
1654+department, the department shall publish the address and 1113
1655+telephone number of the executive offices of each agency, the 1114
1656+manner by which the agency indexes its rules, a listing of all 1115
1657+rules of that agency excluded from publication in the code, and 1116
1658+a statement as to wher e those rules may be inspected. 1117
1659+ 4. Not publish forms shall not be published in the Florida 1118
1660+Administrative Code; but any form which an agency uses in its 1119
1661+dealings with the public, along with any accompanying 1120
1662+instructions, shall be filed with the committee before it is 1121
1663+used. Any form or instruction which meets the definition of 1122
1664+"rule" provided in s. 120.52 must shall be incorporated by 1123
1665+reference into the appropriate rule. The reference must shall 1124
1666+specifically state that the form is being incorporated by 1125
1667+
1668+CS/CS/HB 713 2023
1669+
1670+
1671+
1672+CODING: Words stricken are deletions; words underlined are additions.
1673+hb0713-02-c2
16741674 Page 46 of 58
16751675 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
16761676
16771677
16781678
1679-repeal an existing uniform rule or for the adoption of new 1126
1680-uniform rules. 1127
1681- 4. Notice of petitions for declaratory statements or 1128
1682-administrative determinations. 1129
1683- 5. A summary of each objection to any rule filed by the 1130
1684-Administrative Procedures Committee. 1131
1685- 6. A list of rules filed for adoption in the previous 7 1132
1686-days. 1133
1687- 7. A list of all rules filed for adoption pending 1134
1688-legislative ratification under s. 120.541(3). A rule shall be 1135
1689-removed from the list once notice of ratification or withdrawal 1136
1690-of the rule is received. 1137
1691- 8. The full text of each emergency rule in effect on the 1138
1692-date of publication. 1139
1693- 9. Any other material required or authorized by law o r 1140
1694-deemed useful by the department. 1141
1695- 1142
1696-The department may contract with a publishing firm for a printed 1143
1697-publication of the Florida Administrative Register and make 1144
1698-copies available on an annual subscription basis. 1145
1699- (c) Prescribe by rule the style and form re quired for 1146
1700-rules, notices, and other materials submitted for filing , 1147
1701-including a rule requiring documents created by an agency which 1148
1702-are proposed to be incorporated by reference in notices 1149
1703-published pursuant to s. 120.54(3)(a) and (d) to be coded in the 1150
1704-
1705-CS/CS/CS/HB 713 2023
1706-
1707-
1708-
1709-CODING: Words stricken are deletions; words underlined are additions.
1710-hb0713-03-c3
1679+reference and must shall include the number, title, and 1126
1680+effective date of the form and an explanation of how the form 1127
1681+may be obtained. Each form created by an agency which is 1128
1682+incorporated by reference in a rule notice of which is given 1129
1683+under s. 120.54(3)(a) a fter December 31, 2007, must clearly 1130
1684+display the number, title, and effective date of the form and 1131
1685+the number of the rule in which the form is incorporated. 1132
1686+ 5. Require all materials incorporated by reference in any 1133
1687+part of an adopted rule and in any part of a repromulgated rule 1134
1688+The department shall allow adopted rules and material 1135
1689+incorporated by reference to be filed in the manner prescribed 1136
1690+by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by 1137
1691+department rule. When a rule is filed for adoption or 1138
1692+repromulgation with incorporated material in electronic form, 1139
1693+the department's publication of the Florida Administrative Code 1140
1694+on its website must contain a hyperlink from the incorporating 1141
1695+reference in the rule directly to that material. The department 1142
1696+may not allow hyperlinks from rules in the Florida 1143
1697+Administrative Code to any material other than that filed with 1144
1698+and maintained by the department, but may allow hyperlinks to 1145
1699+incorporated material maintained by the department from the 1146
1700+adopting agency's web site or other sites. 1147
1701+ 6. Include the date of any technical changes to a rule in 1148
1702+the history note of the rule in the Florida Administrative Code. 1149
1703+A technical change does not affect the effective date of the 1150
1704+
1705+CS/CS/HB 713 2023
1706+
1707+
1708+
1709+CODING: Words stricken are deletions; words underlined are additions.
1710+hb0713-02-c2
17111711 Page 47 of 58
17121712 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
17131713
17141714
17151715
1716-same manner as notices published pursuant to s. 120.54(3)(a)1 . 1151
1717- Section 7. Subsection (1) and paragraph (a) of subsection 1152
1718-(2) of section 120.74, Florida Statutes, are amended to read: 1153
1719- 120.74 Agency annual rulemaking and regulatory plans; 1154
1720-reports.— 1155
1721- (1) REGULATORY PLAN.—By October 1 of each year, each 1156
1722-agency shall prepare a regulatory plan. 1157
1723- (a) The plan must include a listing of each law enacted or 1158
1724-amended during the previous 12 months which creates or modifies 1159
1725-the duties or authority of the agency. If the Governor or the 1160
1726-Attorney General provides a letter to the committee stating that 1161
1727-a law affects all or most agencies, the agency may exclude the 1162
1728-law from its plan. For each law listed by an agency under this 1163
1729-paragraph, the plan must state: 1164
1730- 1. Whether the agency must adopt rules to implement the 1165
1731-law. 1166
1732- 2. If rulemaking is necessary to implement the law: 1167
1733- a. Whether a notice of rule development has been published 1168
1734-and, if so, the citation to such notice in the Florida 1169
1735-Administrative Register. 1170
1736- b. The date by which the agency expects to publish the 1171
1737-notice of proposed rule under s. 120.54(3)(a). 1172
1738- 3. If rulemaking is not necessary to implement the law, a 1173
1739-concise written explanation of the reasons why the law may be 1174
1740-implemented without rulemaking. 1175
1741-
1742-CS/CS/CS/HB 713 2023
1743-
1744-
1745-
1746-CODING: Words stricken are deletions; words underlined are additions.
1747-hb0713-03-c3
1716+rule. 1151
1717+ (b) Electronically publish on a website m anaged by the 1152
1718+department a continuous revision and publication entitled the 1153
1719+"Florida Administrative Register," which shall serve as the 1154
1720+official publication and must contain: 1155
1721+ 1. All notices required by s. 120.54(2) and (3)(a), 1156
1722+showing the text of all rul es proposed for consideration. 1157
1723+ 2. All notices of public meetings, hearings, and workshops 1158
1724+conducted in accordance with s. 120.525, including a statement 1159
1725+of the manner in which a copy of the agenda may be obtained. 1160
1726+ 3. A notice of each request for author ization to amend or 1161
1727+repeal an existing uniform rule or for the adoption of new 1162
1728+uniform rules. 1163
1729+ 4. Notice of petitions for declaratory statements or 1164
1730+administrative determinations. 1165
1731+ 5. A summary of each objection to any rule filed by the 1166
1732+Administrative Procedures Committee. 1167
1733+ 6. A list of rules filed for adoption in the previous 7 1168
1734+days. 1169
1735+ 7. A list of all rules filed for adoption pending 1170
1736+legislative ratification under s. 120.541(3). A rule shall be 1171
1737+removed from the list once notice of ratification or withdr awal 1172
1738+of the rule is received. 1173
1739+ 8. The full text of each emergency rule in effect on the 1174
1740+date of publication. 1175
1741+
1742+CS/CS/HB 713 2023
1743+
1744+
1745+
1746+CODING: Words stricken are deletions; words underlined are additions.
1747+hb0713-02-c2
17481748 Page 48 of 58
17491749 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
17501750
17511751
17521752
1753- (b) The plan must also identify and describe each rule, 1176
1754-including each rule number or proposed rule number, that include 1177
1755-a listing of each law not otherwise listed pursuant to paragraph 1178
1756-(a) which the agency expects to develop, adopt, or repeal for 1179
1757-the 12-month period beginning on October 1 and ending on 1180
1758-September 30 implement by rulemaking before the following July 1181
1759-1, excluding emergency rules except emergency rulemaking . For 1182
1760-each rule law listed under this paragraph, the plan must state 1183
1761-whether the rulemaking is intended to simplify, clarify, 1184
1762-increase efficiency, improve coordination with other agencies, 1185
1763-reduce regulatory costs, or delete obsolete, unnecessary, or 1186
1764-redundant rules. 1187
1765- (c) The plan must include any desired update to the prior 1188
1766-year's regulatory plan or supplement published pursuant to 1189
1767-subsection (7). If, in a prior year, a law was identified under 1190
1768-this paragraph or under subparagraph (a)1. as a law requiring 1191
1769-rulemaking to implement but a notice of proposed rule has not 1192
1770-been published: 1193
1771- 1. The agency must shall identify and again list such law, 1194
1772-noting the applicable notice of rule development by citation to 1195
1773-the Florida Administrative Register; or 1196
1774- 2. If the agency has subsequen tly determined that 1197
1775-rulemaking is not necessary to implement the law, the agency 1198
1776-must shall identify such law, reference the citation to the 1199
1777-applicable notice of rule development in the Florida 1200
1778-
1779-CS/CS/CS/HB 713 2023
1780-
1781-
1782-
1783-CODING: Words stricken are deletions; words underlined are additions.
1784-hb0713-03-c3
1753+ 9.8. Any other material required or authorized by law or 1176
1754+deemed useful by the department. 1177
1755+ 1178
1756+The department may contract with a publishing firm fo r a printed 1179
1757+publication of the Florida Administrative Register and make 1180
1758+copies available on an annual subscription basis. 1181
1759+ (c) Prescribe by rule the style and form required for 1182
1760+rules, notices, and other materials submitted for filing , 1183
1761+including a rule req uiring documents created by an agency that 1184
1762+are proposed to be incorporated by reference in notices 1185
1763+published pursuant to s. 120.54(3)(a) and (d) to be coded in the 1186
1764+same manner as notices published pursuant to s. 120.54(3)(a)1 . 1187
1765+ Section 8. Paragraph (a) of subsection (2) of section 1188
1766+120.56, Florida Statutes, is amended to read: 1189
1767+ 120.56 Challenges to rules. — 1190
1768+ (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS. — 1191
1769+ (a) A petition alleging the invalidity of a proposed rule 1192
1770+shall be filed within 21 days after the date of publication of 1193
1771+the notice required by s. 120.54(3)(a); within 10 days after the 1194
1772+final public hearing is held on the proposed rule as provided by 1195
1773+s. 120.54(3)(e)2.; within 20 days after the statement of 1196
1774+estimated regulatory costs or revised statement of estimated 1197
1775+regulatory costs, if applicable, has been prepared and made 1198
1776+available as provided in s. 120.541(1)(c) s. 120.541(1)(d); or 1199
1777+within 20 days after the date of publication of the notice 1200
1778+
1779+CS/CS/HB 713 2023
1780+
1781+
1782+
1783+CODING: Words stricken are deletions; words underlined are additions.
1784+hb0713-02-c2
17851785 Page 49 of 58
17861786 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
17871787
17881788
17891789
1790-Administrative Register, and provide a concise written 1201
1791-explanation of the reason why the law may be implemented without 1202
1792-rulemaking. 1203
1793- (d) The plan must identify any rules that are required to 1204
1794-be repromulgated pursuant to s. 120.5435 for the 12 -month period 1205
1795-beginning on October 1 and ending on September 30. 1206
1796- (e) The plan must include a certification executed on 1207
1797-behalf of the agency by both the agency head, or, if the agency 1208
1798-head is a collegial body, the presiding officer; and the 1209
1799-individual acting as principal legal advisor to the agency head. 1210
1800-The certification must declare: 1211
1801- 1. Verify That the persons executing the certification 1212
1802-have reviewed the plan. 1213
1803- 2. Verify That the agency regularly reviews all of its 1214
1804-rules and identify the period during which all rules have most 1215
1805-recently been reviewed to determine if th e rules remain 1216
1806-consistent with the agency's rulemaking authority and the laws 1217
1807-implemented. 1218
1808- 3. That the agency understands that regulatory 1219
1809-accountability is necessary to ensure public confidence in the 1220
1810-integrity of state government and, to that end, the a gency is 1221
1811-diligently working toward lowering the total number of rules 1222
1812-adopted. 1223
1813- 4. The total number of rules adopted and repealed during 1224
1814-the previous 12 months. 1225
1815-
1816-CS/CS/CS/HB 713 2023
1817-
1818-
1819-
1820-CODING: Words stricken are deletions; words underlined are additions.
1821-hb0713-03-c3
1790+required by s. 120.54(3)(d). The petitioner has the burden to 1201
1791+prove by a preponderance of the evidence that the petitioner 1202
1792+would be substantially affected by the proposed rule. The agency 1203
1793+then has the burden to prove by a preponderance of the evidence 1204
1794+that the proposed rule is not an invalid exercise of delegated 1205
1795+legislative authority as to the objections raised. A person who 1206
1796+is not substantially affected by the proposed rule as initially 1207
1797+noticed, but who is substanti ally affected by the rule as a 1208
1798+result of a change, may challenge any provision of the resulting 1209
1799+proposed rule. 1210
1800+ Section 9. Subsection (1) and paragraph (a) of subsection 1211
1801+(2) of section 120.74, Florida Statutes, are amended to read: 1212
1802+ 120.74 Agency annua l rulemaking and regulatory plans; 1213
1803+reports.— 1214
1804+ (1) REGULATORY PLAN. —By October 1 of each year, each 1215
1805+agency shall prepare a regulatory plan. 1216
1806+ (a) The plan must include a listing of each law enacted or 1217
1807+amended during the previous 12 months which creates or modifies 1218
1808+the duties or authority of the agency. If the Governor or the 1219
1809+Attorney General provides a letter to the committee stating that 1220
1810+a law affects all or most agencies, the agency may exclude the 1221
1811+law from its plan. For each law listed by an agency under this 1222
1812+paragraph, the plan must state: 1223
1813+ 1. Whether the agency must adopt rules to implement the 1224
1814+law. 1225
1815+
1816+CS/CS/HB 713 2023
1817+
1818+
1819+
1820+CODING: Words stricken are deletions; words underlined are additions.
1821+hb0713-02-c2
18221822 Page 50 of 58
18231823 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
18241824
18251825
18261826
1827- (2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1226
1828- (a) By October 1 of each year, each agency shall: 1227
1829- 1. Publish its regulatory plan on its website or on 1228
1830-another state website established for publication of 1229
1831-administrative law records. A clearly labeled hyperlink to the 1230
1832-current plan must be included on the agency's primary website 1231
1833-homepage. 1232
1834- 2. Electronically deliver to the committee a copy of the 1233
1835-certification required in paragraph (1)(e) (1)(d). 1234
1836- 3. Publish in the Florida Administrative Register a notice 1235
1837-identifying the date of publication of the agency's regulatory 1236
1838-plan. The notice must includ e a hyperlink or website address 1237
1839-providing direct access to the published plan. 1238
1840- Section 8. Subsections (5) and (11) of section 120.80, 1239
1841-Florida Statutes, are amended to read: 1240
1842- 120.80 Exceptions and special requirements; agencies. — 1241
1843- (5) FLORIDA LAND AN D WATER ADJUDICATORY COMMISSION. — 1242
1844- (a) Notwithstanding the provisions of s. 120.57(1)(a), 1243
1845-when the Florida Land and Water Adjudicatory Commission receives 1244
1846-a notice of appeal pursuant to s. 380.07, the commission shall 1245
1847-notify the division within 60 days af ter receipt of the notice 1246
1848-of appeal if the commission elects to request the assignment of 1247
1849-an administrative law judge. 1248
1850- (b) Notwithstanding s. 120.5435, repromulgation 1249
1851-requirements do not apply to community development districts 1250
1852-
1853-CS/CS/CS/HB 713 2023
1854-
1855-
1856-
1857-CODING: Words stricken are deletions; words underlined are additions.
1858-hb0713-03-c3
1827+ 2. If rulemaking is necessary to implement the law: 1226
1828+ a. Whether a notice of rule development has been published 1227
1829+and, if so, the citation to such notice in the Florida 1228
1830+Administrative Register. 1229
1831+ b. The date by which the agency expects to publish the 1230
1832+notice of proposed rule under s. 120.54(3)(a). 1231
1833+ 3. If rulemaking is not necessary to implement the law, a 1232
1834+concise written explanation of the reasons why the l aw may be 1233
1835+implemented without rulemaking. 1234
1836+ (b) The plan must also identify and describe each rule, 1235
1837+including each rule number or proposed rule number, that include 1236
1838+a listing of each law not otherwise listed pursuant to paragraph 1237
1839+(a) which the agency expects to develop, adopt, or repeal for 1238
1840+the 12-month period beginning on October 1 and ending on 1239
1841+September 30 implement by rulemaking before the following July 1240
1842+1, excluding emergency rules except emergency rulemaking . For 1241
1843+each rule law listed under this paragr aph, the plan must state 1242
1844+whether the rulemaking is intended to simplify, clarify, 1243
1845+increase efficiency, improve coordination with other agencies, 1244
1846+reduce regulatory costs, or delete obsolete, unnecessary, or 1245
1847+redundant rules. 1246
1848+ (c) The plan must include any d esired update to the prior 1247
1849+year's regulatory plan or supplement published pursuant to 1248
1850+subsection (7). If, in a prior year, a law was identified under 1249
1851+this paragraph or under subparagraph (a)1. as a law requiring 1250
1852+
1853+CS/CS/HB 713 2023
1854+
1855+
1856+
1857+CODING: Words stricken are deletions; words underlined are additions.
1858+hb0713-02-c2
18591859 Page 51 of 58
18601860 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
18611861
18621862
18631863
1864-established pursuant to s. 190.005. 1251
1865- (11) NATIONAL GUARD. —Notwithstanding s. 120.52(17) s. 1252
1866-120.52(16), the enlistment, organization, administration, 1253
1867-equipment, maintenance, training, and discipline of the militia, 1254
1868-National Guard, organized militia, and unorganized militia, as 1255
1869-provided by s. 2, Art. X of the State Constitution, are not 1256
1870-rules as defined by this chapter. 1257
1871- Section 9. Paragraph (c) of subsection (1) of section 1258
1872-120.81, Florida Statutes, is amended to read: 1259
1873- 120.81 Exceptions and special requirements; general 1260
1874-areas.— 1261
1875- (1) EDUCATIONAL UNITS. — 1262
1876- (c) Notwithstanding s. 120.52(17) s. 120.52(16), any 1263
1877-tests, test scoring criteria, or testing procedures relating to 1264
1878-student assessment which are developed or administered by the 1265
1879-Department of Education pursuant to s. 1003.4282, s. 1008.22, or 1266
1880-s. 1008.25, or any other statewide educational tests required by 1267
1881-law, are not rules. 1268
1882- Section 10. Paragraph (a) of subsection (1) of section 1269
1883-420.9072, Florida Statutes, is amended to read: 1270
1884- 420.9072 State Housing Initiatives Partnership Program.—1271
1885-The State Housing Initiatives Partnership Program is created for 1272
1886-the purpose of providing funds to counties and eligible 1273
1887-municipalities as an incentive for the creation of local housing 1274
1888-partnerships, to expand production of and preserve affordabl e 1275
1889-
1890-CS/CS/CS/HB 713 2023
1891-
1892-
1893-
1894-CODING: Words stricken are deletions; words underlined are additions.
1895-hb0713-03-c3
1864+rulemaking to implement but a notice of prop osed rule has not 1251
1865+been published: 1252
1866+ 1. The agency must shall identify and again list such law, 1253
1867+noting the applicable notice of rule development by citation to 1254
1868+the Florida Administrative Register; or 1255
1869+ 2. If the agency has subsequently determined that 1256
1870+rulemaking is not necessary to implement the law, the agency 1257
1871+must shall identify such law, reference the citation to the 1258
1872+applicable notice of rule development in the Florida 1259
1873+Administrative Register, and provide a concise written 1260
1874+explanation of the reason why th e law may be implemented without 1261
1875+rulemaking. 1262
1876+ (d) The plan must identify any rules that are required to 1263
1877+be repromulgated pursuant to s. 120.5435 for the 12 -month period 1264
1878+beginning on October 1 and ending on September 30. 1265
1879+ (e) The plan must include a certi fication executed on 1266
1880+behalf of the agency by both the agency head, or, if the agency 1267
1881+head is a collegial body, the presiding officer; and the 1268
1882+individual acting as principal legal advisor to the agency head. 1269
1883+The certification must declare: 1270
1884+ 1. Verify That the persons executing the certification 1271
1885+have reviewed the plan. 1272
1886+ 2. Verify That the agency regularly reviews all of its 1273
1887+rules and identify the period during which all rules have most 1274
1888+recently been reviewed to determine if the rules remain 1275
1889+
1890+CS/CS/HB 713 2023
1891+
1892+
1893+
1894+CODING: Words stricken are deletions; words underlined are additions.
1895+hb0713-02-c2
18961896 Page 52 of 58
18971897 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
18981898
18991899
19001900
1901-housing, to further the housing element of the local government 1276
1902-comprehensive plan specific to affordable housing, and to 1277
1903-increase housing-related employment. 1278
1904- (1)(a) In addition to the legislative findings set forth 1279
1905-in s. 420.6015, the Legislature find s that affordable housing is 1280
1906-most effectively provided by combining available public and 1281
1907-private resources to conserve and improve existing housing and 1282
1908-provide new housing for very -low-income households, low -income 1283
1909-households, and moderate -income households. The Legislature 1284
1910-intends to encourage partnerships in order to secure the 1285
1911-benefits of cooperation by the public and private sectors and to 1286
1912-reduce the cost of housing for the target group by effectively 1287
1913-combining all available resources and cost -saving measures. The 1288
1914-Legislature further intends that local governments achieve this 1289
1915-combination of resources by encouraging active partnerships 1290
1916-between government, lenders, builders and developers, real 1291
1917-estate professionals, advocates for low -income persons, and 1292
1918-community groups to produce affordable housing and provide 1293
1919-related services. Extending the partnership concept to encompass 1294
1920-cooperative efforts among small counties as defined in s. 1295
1921-120.52(20) s. 120.52(19), and among counties and municipalities 1296
1922-is specifically encouraged. Local governments are also intended 1297
1923-to establish an affordable housing advisory committee to 1298
1924-recommend monetary and nonmonetary incentives for affordable 1299
1925-housing as provided in s. 420.9076. 1300
1926-
1927-CS/CS/CS/HB 713 2023
1928-
1929-
1930-
1931-CODING: Words stricken are deletions; words underlined are additions.
1932-hb0713-03-c3
1901+consistent with the agency's rulemaking authority and the laws 1276
1902+implemented. 1277
1903+ 3. That the agency understands that regulatory 1278
1904+accountability is necessary to ensure public confidence in the 1279
1905+integrity of state government and, to that end, the agency is 1280
1906+diligently working tow ard lowering the total number of rules 1281
1907+adopted. 1282
1908+ 4. The total number of rules adopted and repealed during 1283
1909+the previous 12 months. 1284
1910+ (2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1285
1911+ (a) By October 1 of each year, each agency shall: 1286
1912+ 1. Publish its regula tory plan on its website or on 1287
1913+another state website established for publication of 1288
1914+administrative law records. A clearly labeled hyperlink to the 1289
1915+current plan must be included on the agency's primary website 1290
1916+homepage. 1291
1917+ 2. Electronically deliver to the co mmittee a copy of the 1292
1918+certification required in paragraph (1)(e) (1)(d). 1293
1919+ 3. Publish in the Florida Administrative Register a notice 1294
1920+identifying the date of publication of the agency's regulatory 1295
1921+plan. The notice must include a hyperlink or website addres s 1296
1922+providing direct access to the published plan. 1297
1923+ Section 10. Subsection (11) of section 120.80, Florida 1298
1924+Statutes, is amended to read: 1299
1925+ 120.80 Exceptions and special requirements; agencies. — 1300
1926+
1927+CS/CS/HB 713 2023
1928+
1929+
1930+
1931+CODING: Words stricken are deletions; words underlined are additions.
1932+hb0713-02-c2
19331933 Page 53 of 58
19341934 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
19351935
19361936
19371937
1938- Section 11. Subsection (7) of section 420.907 5, Florida 1301
1939-Statutes, is amended to read: 1302
1940- 420.9075 Local housing assistance plans; partnerships. — 1303
1941- (7) The moneys deposited in the local housing assistance 1304
1942-trust fund shall be used to administer and implement the local 1305
1943-housing assistance plan. The cost o f administering the plan may 1306
1944-not exceed 5 percent of the local housing distribution moneys 1307
1945-and program income deposited into the trust fund. A county or an 1308
1946-eligible municipality may not exceed the 5 -percent limitation on 1309
1947-administrative costs, unless its go verning body finds, by 1310
1948-resolution, that 5 percent of the local housing distribution 1311
1949-plus 5 percent of program income is insufficient to adequately 1312
1950-pay the necessary costs of administering the local housing 1313
1951-assistance plan. The cost of administering the pro gram may not 1314
1952-exceed 10 percent of the local housing distribution plus 5 1315
1953-percent of program income deposited into the trust fund, except 1316
1954-that small counties, as defined in s. 120.52(20) s. 120.52(19), 1317
1955-and eligible municipalities receiving a local housing 1318
1956-distribution of up to $350,000 may use up to 10 percent of 1319
1957-program income for administrative costs. 1320
1958- Section 12. Paragraph (d) of subsection (1) of section 1321
1959-443.091, Florida Statutes, is amended to read: 1322
1960- 443.091 Benefit eligibility conditions. — 1323
1961- (1) An unemployed individual is eligible to receive 1324
1962-benefits for any week only if the Department of Economic 1325
1963-
1964-CS/CS/CS/HB 713 2023
1965-
1966-
1967-
1968-CODING: Words stricken are deletions; words underlined are additions.
1969-hb0713-03-c3
1938+ (11) NATIONAL GUARD. —Notwithstanding s. 120.52(17) s. 1301
1939+120.52(16), the enlistment, organization, administration, 1302
1940+equipment, maintenance, training, and discipline of the militia, 1303
1941+National Guard, organized militia, and unorganized militia, as 1304
1942+provided by s. 2, Art. X of the State Constitution, are not 1305
1943+rules as defined by this chapter. 1306
1944+ Section 11. Paragraph (c) of subsection (1) of section 1307
1945+120.81, Florida Statutes, is amended to read: 1308
1946+ 120.81 Exceptions and special requirements; general 1309
1947+areas.— 1310
1948+ (1) EDUCATIONAL UNITS. — 1311
1949+ (c) Notwithstanding s. 120.52(17) s. 120.52(16), any 1312
1950+tests, test scoring criteria, or testing procedures relating to 1313
1951+student assessment which are developed or administered by the 1314
1952+Department of Education pursuant to s. 1003.4282, s. 1008.22, or 1315
1953+s. 1008.25, or any other statewide educational te sts required by 1316
1954+law, are not rules. 1317
1955+ Section 12. Paragraph (a) of subsection (1) of section 1318
1956+420.9072, Florida Statutes, is amended to read: 1319
1957+ 420.9072 State Housing Initiatives Partnership Program. —1320
1958+The State Housing Initiatives Partnership Program is cr eated for 1321
1959+the purpose of providing funds to counties and eligible 1322
1960+municipalities as an incentive for the creation of local housing 1323
1961+partnerships, to expand production of and preserve affordable 1324
1962+housing, to further the housing element of the local government 1325
1963+
1964+CS/CS/HB 713 2023
1965+
1966+
1967+
1968+CODING: Words stricken are deletions; words underlined are additions.
1969+hb0713-02-c2
19701970 Page 54 of 58
19711971 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
19721972
19731973
19741974
1975-Opportunity finds that: 1326
1976- (d) She or he is able to work and is available for work. 1327
1977-In order to assess eligibility for a claimed week of 1328
1978-unemployment, the department shall develop criteria to determine 1329
1979-a claimant's ability to work and availability for work. A 1330
1980-claimant must be actively seeking work in order to be considered 1331
1981-available for work. This means engaging in systematic and 1332
1982-sustained efforts to find work, including contacting at least 1333
1983-five prospective employers for each week of unemployment 1334
1984-claimed. The department may require the claimant to provide 1335
1985-proof of such efforts to the one -stop career center as part of 1336
1986-reemployment services. A claimant' s proof of work search efforts 1337
1987-may not include the same prospective employer at the same 1338
1988-location in 3 consecutive weeks, unless the employer has 1339
1989-indicated since the time of the initial contact that the 1340
1990-employer is hiring. The department shall conduct rand om reviews 1341
1991-of work search information provided by claimants. As an 1342
1992-alternative to contacting at least five prospective employers 1343
1993-for any week of unemployment claimed, a claimant may, for that 1344
1994-same week, report in person to a one -stop career center to meet 1345
1995-with a representative of the center and access reemployment 1346
1996-services of the center. The center shall keep a record of the 1347
1997-services or information provided to the claimant and shall 1348
1998-provide the records to the department upon request by the 1349
1999-department. However: 1350
2000-
2001-CS/CS/CS/HB 713 2023
2002-
2003-
2004-
2005-CODING: Words stricken are deletions; words underlined are additions.
2006-hb0713-03-c3
1975+comprehensive plan specific to affordable housing, and to 1326
1976+increase housing-related employment. 1327
1977+ (1)(a) In addition to the legislative findings set forth 1328
1978+in s. 420.6015, the Legislature finds that affordable housing is 1329
1979+most effectively provided by combini ng available public and 1330
1980+private resources to conserve and improve existing housing and 1331
1981+provide new housing for very -low-income households, low -income 1332
1982+households, and moderate -income households. The Legislature 1333
1983+intends to encourage partnerships in order to secure the 1334
1984+benefits of cooperation by the public and private sectors and to 1335
1985+reduce the cost of housing for the target group by effectively 1336
1986+combining all available resources and cost -saving measures. The 1337
1987+Legislature further intends that local governments ac hieve this 1338
1988+combination of resources by encouraging active partnerships 1339
1989+between government, lenders, builders and developers, real 1340
1990+estate professionals, advocates for low -income persons, and 1341
1991+community groups to produce affordable housing and provide 1342
1992+related services. Extending the partnership concept to encompass 1343
1993+cooperative efforts among small counties as defined in s. 1344
1994+120.52(20) s. 120.52(19), and among counties and municipalities 1345
1995+is specifically encouraged. Local governments are also intended 1346
1996+to establish an affordable housing advisory committee to 1347
1997+recommend monetary and nonmonetary incentives for affordable 1348
1998+housing as provided in s. 420.9076. 1349
1999+ Section 13. Subsection (7) of section 420.9075, Florida 1350
2000+
2001+CS/CS/HB 713 2023
2002+
2003+
2004+
2005+CODING: Words stricken are deletions; words underlined are additions.
2006+hb0713-02-c2
20072007 Page 55 of 58
20082008 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
20092009
20102010
20112011
2012- 1. Notwithstanding any other provision of this paragraph 1351
2013-or paragraphs (b) and (e), an otherwise eligible individual may 1352
2014-not be denied benefits for any week because she or he is in 1353
2015-training with the approval of the department, or by reason of s. 1354
2016-443.101(2) relating to failure to apply for, or refusal to 1355
2017-accept, suitable work. Training may be approved by the 1356
2018-department in accordance with criteria prescribed by rule. A 1357
2019-claimant's eligibility during approved training is contingent 1358
2020-upon satisfying eligibi lity conditions prescribed by rule. 1359
2021- 2. Notwithstanding any other provision of this chapter, an 1360
2022-otherwise eligible individual who is in training approved under 1361
2023-s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 1362
2024-determined ineligible or disquali fied for benefits due to 1363
2025-enrollment in such training or because of leaving work that is 1364
2026-not suitable employment to enter such training. As used in this 1365
2027-subparagraph, the term "suitable employment" means work of a 1366
2028-substantially equal or higher skill level t han the worker's past 1367
2029-adversely affected employment, as defined for purposes of the 1368
2030-Trade Act of 1974, as amended, the wages for which are at least 1369
2031-80 percent of the worker's average weekly wage as determined for 1370
2032-purposes of the Trade Act of 1974, as amend ed. 1371
2033- 3. Notwithstanding any other provision of this section, an 1372
2034-otherwise eligible individual may not be denied benefits for any 1373
2035-week because she or he is before any state or federal court 1374
2036-pursuant to a lawfully issued summons to appear for jury duty. 1375
2037-
2038-CS/CS/CS/HB 713 2023
2039-
2040-
2041-
2042-CODING: Words stricken are deletions; words underlined are additions.
2043-hb0713-03-c3
2012+Statutes, is amended to read: 1351
2013+ 420.9075 Local housing assistance plans; partnerships. — 1352
2014+ (7) The moneys deposited in the local housing assistance 1353
2015+trust fund shall be used to administer and implement the local 1354
2016+housing assistance plan. The cost of administering the plan may 1355
2017+not exceed 5 percent of the local ho using distribution moneys 1356
2018+and program income deposited into the trust fund. A county or an 1357
2019+eligible municipality may not exceed the 5 -percent limitation on 1358
2020+administrative costs, unless its governing body finds, by 1359
2021+resolution, that 5 percent of the local ho using distribution 1360
2022+plus 5 percent of program income is insufficient to adequately 1361
2023+pay the necessary costs of administering the local housing 1362
2024+assistance plan. The cost of administering the program may not 1363
2025+exceed 10 percent of the local housing distribution plus 5 1364
2026+percent of program income deposited into the trust fund, except 1365
2027+that small counties, as defined in s. 120.52(20) s. 120.52(19), 1366
2028+and eligible municipalities receiving a local housing 1367
2029+distribution of up to $350,000 may use up to 10 percent of 1368
2030+program income for administrative costs. 1369
2031+ Section 14. Paragraph (d) of subsection (1) of section 1370
2032+443.091, Florida Statutes, is amended to read: 1371
2033+ 443.091 Benefit eligibility conditions. — 1372
2034+ (1) An unemployed individual is eligible to receive 1373
2035+benefits for any wee k only if the Department of Economic 1374
2036+Opportunity finds that: 1375
2037+
2038+CS/CS/HB 713 2023
2039+
2040+
2041+
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20442044 Page 56 of 58
20452045 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
20462046
20472047
20482048
2049- 4. Union members who customarily obtain employment through 1376
2050-a union hiring hall may satisfy the work search requirements of 1377
2051-this paragraph by reporting daily to their union hall. 1378
2052- 5. The work search requirements of this paragraph do not 1379
2053-apply to persons who are unemployed as a result of a temporary 1380
2054-layoff or who are claiming benefits under an approved short -time 1381
2055-compensation plan as provided in s. 443.1116. 1382
2056- 6. In small counties as defined in s. 120.52(20) s. 1383
2057-120.52(19), a claimant engaging in systematic an d sustained 1384
2058-efforts to find work must contact at least three prospective 1385
2059-employers for each week of unemployment claimed. 1386
2060- 7. The work search requirements of this paragraph do not 1387
2061-apply to persons required to participate in reemployment 1388
2062-services under paragraph (e). 1389
2063- Section 13. Infrastructure and environmental permitting 1390
2064-review.— 1391
2065- (1)(a) It is the intent of the Legislature to build a more 1392
2066-resilient and responsive government infrastructure to allow for 1393
2067-quick recovery after natural disasters, including hurricanes and 1394
2068-tropical storms without negatively impacting coastal ecosystems 1395
2069-or increasing future community vulnerability. 1396
2070- (b) It is further the intent of the Legislature to promote 1397
2071-efficiency in state government across branches, agencies, and 1398
2072-other governmental entities and to identify any area of 1399
2073-improvement within each that allows for quick, effective 1400
2074-
2075-CS/CS/CS/HB 713 2023
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2078-
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2080-hb0713-03-c3
2049+ (d) She or he is able to work and is available for work. 1376
2050+In order to assess eligibility for a claimed week of 1377
2051+unemployment, the department shall develop criteria to determine 1378
2052+a claimant's ability to work and availability for work. A 1379
2053+claimant must be actively seeking work in order to be considered 1380
2054+available for work. This means engaging in systematic and 1381
2055+sustained efforts to find work, including contacting at least 1382
2056+five prospective employers for each week of unemployment 1383
2057+claimed. The department may require the claimant to provide 1384
2058+proof of such efforts to the one -stop career center as part of 1385
2059+reemployment services. A claimant's proof of work search efforts 1386
2060+may not include the same prospective emplo yer at the same 1387
2061+location in 3 consecutive weeks, unless the employer has 1388
2062+indicated since the time of the initial contact that the 1389
2063+employer is hiring. The department shall conduct random reviews 1390
2064+of work search information provided by claimants. As an 1391
2065+alternative to contacting at least five prospective employers 1392
2066+for any week of unemployment claimed, a claimant may, for that 1393
2067+same week, report in person to a one -stop career center to meet 1394
2068+with a representative of the center and access reemployment 1395
2069+services of the center. The center shall keep a record of the 1396
2070+services or information provided to the claimant and shall 1397
2071+provide the records to the department upon request by the 1398
2072+department. However: 1399
2073+ 1. Notwithstanding any other provision of this paragraph 1400
2074+
2075+CS/CS/HB 713 2023
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20822082 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
20832083
20842084
20852085
2086-delivery of services. 1401
2087- (c) Further, the Legislature intends for the state to seek 1402
2088-out ways to improve its administrative procedures in relevant 1403
2089-fields to build a streamlined permitting process that withstands 1404
2090-disruptions caused by natural disasters, including hurricanes 1405
2091-and tropical storms while maintaining the integrity of natural 1406
2092-coastal ecosystems. 1407
2093- (2)(a) The Department of Environmental Protection and 1408
2094-water management districts shall conduct a holistic review of 1409
2095-their current coastal permitting processes and other permit 1410
2096-programs. These permitting processes must include, but are not 1411
2097-limited to, coastal construction control line permits; joint 1412
2098-coastal permits; environmental resource permits; consistent with 1413
2099-the terms of the United States Environmental Protection Agency's 1414
2100-approval, state-administered section 404 permits; and permitting 1415
2101-processes related to water supply infrastructure, wastewater 1416
2102-infrastructure, and onsite sewage treatment and disposal 1417
2103-systems. 1418
2104- (b) The scope and purpose of the review is to identify 1419
2105-areas of improvement and to increase efficiency within each 1420
2106-process. Factors that must be considered in the review include 1421
2107-the following: 1422
2108- 1. The requirements to obtain a permit. 1423
2109- 2. Time periods for review, including by commenting 1424
2110-agencies, and approval of the permit application. 1425
2111-
2112-CS/CS/CS/HB 713 2023
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2114-
2115-
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2086+or paragraphs (b) and (e), an otherwise eligible individual may 1401
2087+not be denied benefits for any week because she or he is in 1402
2088+training with the approval of the department, or by reason of s. 1403
2089+443.101(2) relating to failure to apply for, or refusal to 1404
2090+accept, suitable work. Training may be approved by the 1405
2091+department in accordance with criteria prescribed by rule. A 1406
2092+claimant's eligibility during approved training is contingent 1407
2093+upon satisfying eligibility conditions prescribed by rule. 1408
2094+ 2. Notwithstanding any other provis ion of this chapter, an 1409
2095+otherwise eligible individual who is in training approved under 1410
2096+s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 1411
2097+determined ineligible or disqualified for benefits due to 1412
2098+enrollment in such training or because of leavin g work that is 1413
2099+not suitable employment to enter such training. As used in this 1414
2100+subparagraph, the term "suitable employment" means work of a 1415
2101+substantially equal or higher skill level than the worker's past 1416
2102+adversely affected employment, as defined for purpo ses of the 1417
2103+Trade Act of 1974, as amended, the wages for which are at least 1418
2104+80 percent of the worker's average weekly wage as determined for 1419
2105+purposes of the Trade Act of 1974, as amended. 1420
2106+ 3. Notwithstanding any other provision of this section, an 1421
2107+otherwise eligible individual may not be denied benefits for any 1422
2108+week because she or he is before any state or federal court 1423
2109+pursuant to a lawfully issued summons to appear for jury duty. 1424
2110+ 4. Union members who customarily obtain employment through 1425
2111+
2112+CS/CS/HB 713 2023
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21192119 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
21202120
21212121
21222122
2123- 3. Areas for improved efficiency and decision -point 1426
2124-consolidation within a single project's process. 1427
2125- 4. Areas of duplication across one or more permit 1428
2126-programs. 1429
2127- 5. The methods of requesting permits. 1430
2128- 6. Adequate staffing levels necessary for complete and 1431
2129-efficient review. 1432
2130- 7. Any other factors that may increase the efficiency of 1433
2131-the permitting processes and may allow improved storm recovery. 1434
2132- (c) By December 31, 2023, the department and water 1435
2133-management districts shall provide their findings and proposed 1436
2134-solutions in a report to the Governor, the President of the 1437
2135-Senate, and the Speaker of the House of R epresentatives. 1438
2136- Section 14. This act shall take effect July 1, 2023. 1439
2123+a union hiring hall may satisfy the work search requirements of 1426
2124+this paragraph by reporting daily to their union hall. 1427
2125+ 5. The work search requirements of this paragraph do not 1428
2126+apply to persons who are unemployed as a result of a temporary 1429
2127+layoff or who are claiming ben efits under an approved short -time 1430
2128+compensation plan as provided in s. 443.1116. 1431
2129+ 6. In small counties as defined in s. 120.52(20) s. 1432
2130+120.52(19), a claimant engaging in systematic and sustained 1433
2131+efforts to find work must contact at least three prospective 1434
2132+employers for each week of unemployment claimed. 1435
2133+ 7. The work search requirements of this paragraph do not 1436
2134+apply to persons required to participate in reemployment 1437
2135+services under paragraph (e). 1438
2136+ Section 15. This act shall take effect July 1, 2023. 1439