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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to administrative procedures; amending 2
s. 120.52, F.S.; revising and providing definitions; 3
amending s. 120.54, F.S.; prohibiting rules amended or 4
repromulgated on or after a specified date from being 5
incorporated by reference unless certai n exceptions 6
apply; requiring agencies to publish a certain notice 7
of rule development in the Florida Administrative 8
Register within a specified timeframe before providing 9
specified notice of a proposed rule; requiring that a 10
notice of rule development cit e the grant of 11
rulemaking authority; requiring that a notice of rule 12
development contain a proposed rule number and 13
specified statements; requiring that notice of a 14
proposed rule be published in the Florida 15
Administrative Register within a specified timefr ame 16
after the most recent notice of rule development; 17
revising the scope of public workshops to include 18
information gathered for the preparation of statements 19
of estimated regulatory costs; requiring that a notice 20
of proposed rule include a website address where a 21
statement of regulatory costs can be viewed; requiring 22
that a notice of proposed rule include a request for 23
the submission of any helpful information regarding 24
the statement of estimated regulatory costs; requiring 25
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that material proposed to be inc orporated by reference 26
and the statement of estimated regulatory costs be 27
made available to the public; requiring that material 28
proposed to be incorporated by reference be made 29
available in a specified manner; authorizing 30
electronic delivery of notices to persons who have 31
requested advance notice of agency rulemaking 32
proceedings; requiring, rather than encouraging, an 33
agency to prepare a specified statement of estimated 34
regulatory costs before adopting or amending any rule 35
other than an emergency rule; prov iding that an agency 36
is not required to prepare a statement of estimated 37
regulatory costs before repealing a rule; providing an 38
exception; requiring that certain rule repeals be 39
considered presumptively correct in a proceeding 40
before the Division of Admini strative Hearings or a 41
court of competent jurisdiction; revising the criteria 42
under which a proposed rule's adverse impact on small 43
businesses is deemed to exist; removing the definition 44
of the term "small business"; requiring an agency to 45
provide notice of a regulatory alternative to the 46
Administrative Procedures Committee within a certain 47
timeframe; requiring certain agency personnel to 48
attend public hearings on proposed rules for certain 49
purposes; requiring an agency to publish a notice of 50
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convening a separate proceeding in certain 51
circumstances; providing that rulemaking timelines are 52
tolled during such separate proceedings; providing 53
that such timelines resume the day after the 54
conclusion of such proceedings; requiring that notice 55
of conclusion of such proceedings be provided to the 56
committee; revising the requirements for the contents 57
of a notice of change; requiring the committee to 58
notify the Department of State that the date for an 59
agency to adopt a proposed rule has expired under 60
certain circumstances; requiring the department to 61
publish a notice of withdrawal of the proposed rule 62
under certain circumstances; providing that if a 63
proposed rule is not ratified within a specified 64
timeframe, the agency must withdraw such rule and may 65
initiate rulemaking again, or must initiate rulemaking 66
again under a specified condition; requiring the 67
agency, upon approval of the agency head, to 68
electronically file with the department a certified 69
copy of the proposed rule; requiring the committee to 70
notify the department that the agency has failed to 71
withdraw a rule within a specified timeframe; 72
requiring the department to publish a notice of 73
withdrawal of the rule; providing for an agency to 74
adopt emergency rules if authorized by the 75
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Legislature; requiring an agency to p ublish in the 76
Florida Administrative Register certain findings or 77
the citation granting the agency emergency rulemaking 78
authority; providing that an emergency rule expires 79
and must be withdrawn from ratification under certain 80
circumstances; requiring that emergency rules be 81
published in the Florida Administrative Code; 82
authorizing agencies to supersede an emergency rule 83
through adoption of another emergency rule; providing 84
requirements for adopting a new rule; authorizing an 85
agency to make technical changes to an emergency rule 86
during a specified timeframe; requiring that notice of 87
renewal of an emergency rule be published in the 88
Florida Administrative Register before the expiration 89
of the existing rule; requiring that the notice state 90
specified facts and re asons; requiring that emergency 91
rules be published in a certain section of the Florida 92
Administrative Code; requiring specified emergency 93
rules to contain a certain history note; providing 94
that certain emergency rules may be repealed by the 95
adopting agency at any time while the emergency rule 96
is in effect by publishing a certain notice in the 97
Florida Administrative Register; requiring an agency 98
to file a copy of a certain petition with the 99
committee; amending s. 120.541, F.S.; requiring an 100
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agency to provide a copy of a proposal for a lower 101
cost regulatory alternative to the committee within a 102
certain timeframe; specifying the circumstances under 103
which such proposal is deemed to be made in good 104
faith; requiring an agency to adopt, reject, or modify 105
the alternative proposal; revising requirements for an 106
agency's consideration of a lower cost regulatory 107
alternative; requiring an agency to revise its 108
statement of estimated regulatory costs if a rule is 109
modified in response to such alternatives; requiring 110
that the revised statement of estimated regulatory 111
costs be submitted to the rules ombudsman and be made 112
available in the same manner as the original; 113
providing that an agency's failure to publish a 114
specified statement is a material failure to follow 115
rulemaking procedures; requiring a good faith estimate 116
as to how many small businesses are likely to be 117
subject to the rule; removing the definition of the 118
term "transactional costs"; revising the applicability 119
of specified provisions; providing requirements for 120
the calculation of estimated regulatory costs; 121
requiring the department to include the agency website 122
on which statements of estimated regulatory costs can 123
be viewed; requiring an agency to take specified 124
actions relating to statements of estimated regulatory 125
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costs; creating s. 120.5435, F.S.; providing 126
legislative intent; requiring each agency to submit a 127
schedule of rules it plans to review each year over a 128
specified timeframe in the agency's annual regulatory 129
plan; authorizing an agency to amend such schedule; 130
requiring an agency to review a certain percentage of 131
rules each year; providing for repeal of the 132
requirement that the annual regulatory plan contain 133
such schedule; requiring agency review of rules and 134
repromulgation of rules that do not require 135
substantive changes within a specified timeframe; 136
requiring that such rules be reviewed periodically; 137
requiring the committee to provide each agency with a 138
specified list by a specified date; providing that the 139
failure of an agency to adhere to specified deadlines 140
constitutes a material failure and is the basis for a 141
specified objection; requiring an agency to publish a 142
notice of repromulgation in the Florida Administrative 143
Register and file a rule for repromulgation with the 144
department within a specified timeframe ; requiring an 145
agency to file a notice of repromulgation with the 146
committee within a specified timeframe; requiring the 147
committee to certify if the agency has provided 148
certain responses to the committee; providing that a 149
repromulgated rule is not subject t o challenge as a 150
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proposed rule and that certain hearing requirements do 151
not apply; requiring an agency to electronically file 152
with the department a certified copy of a proposed 153
repromulgated rule and any material incorporated by 154
reference; providing that a rule is considered 155
repromulgated upon filing with the department; 156
requiring the department to update certain information 157
in the Florida Administrative Code; requiring the 158
committee to submit a specified list to the 159
Legislature within a specified timeframe ; requiring 160
each agency to initiate rulemaking proceedings to 161
repeal certain rules within a specified timeframe if 162
certain conditions exist; requiring the department to 163
adopt rules by a certain date; amending s. 120.545, 164
F.S.; requiring, rather than author izing, the 165
committee to examine certain existing rules; amending 166
s. 120.55, F.S.; requiring the Department of State to 167
publish the Florida Administrative Register once each 168
business day by a specified time; providing 169
exceptions; requiring the department to note in the 170
register if a rule, proposed rule, or notice of rule 171
development was corrected or replaced; requiring that 172
certain rulemaking timeframes revert to the initial 173
date of publication; requiring the agency, rather than 174
the department, to publish sp ecified information at 175
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the beginning of specified sections of the Florida 176
Administrative Code; requiring that materials 177
incorporated by reference be filed in a specified 178
manner; requiring the department to include the date 179
of a technical rule change in the Florida 180
Administrative Code; providing that a technical change 181
does not affect the effective date of a rule; revising 182
the required contents of the Florida Administrative 183
Register; requiring the department to adopt specified 184
rules; amending s. 120.56, F.S. ; conforming a cross -185
reference; amending s. 120.74, F.S.; requiring an 186
agency to list each rule, except for emergency rules, 187
it plans to develop, adopt, or repeal during the 188
forthcoming year in the agency's annual regulatory 189
plan; requiring that an agency' s annual regulatory 190
plan identify any rules repromulgated over the 191
previous year and those that are required to be 192
repromulgated during the forthcoming year; requiring 193
the agency to make certain declarations concerning the 194
annual regulatory plan; requiring an agency to include 195
certain information regarding the prior year's 196
licensing practices in its annual regulatory plan; 197
amending ss. 120.80, 120.81, 420.9072, 420.9075, and 198
443.091, F.S.; conforming cross -references; providing 199
an effective date. 200
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201
Be It Enacted by the Legislature of the State of Florida: 202
203
Section 1. Subsections (16) through (19) and (20), (21), 204
and (22) of section 120.52, Florida Statutes, are renumbered as 205
subsections (17) through (20) and (22), (23), and (24), 206
respectively, present subsection (16) is amended, and new 207
subsections (16) and (21) are added to that section, to read: 208
120.52 Definitions. —As used in this act: 209
(16) "Repromulgation" means the publication and adoption 210
of an existing rule following an agency's review of t he rule for 211
consistency with the powers and duties granted by the rule's 212
enabling statute. 213
(17)(16) "Rule" means each agency statement of general 214
applicability that implements, interprets, or prescribes law or 215
policy or describes the procedure or practic e requirements of an 216
agency and includes any form or guidance document which imposes 217
any requirement or solicits any information not specifically 218
required by statute or by an existing rule. The term also 219
includes the amendment or repeal of a rule. The term does not 220
include: 221
(a) Internal management memoranda which do not affect 222
either the private interests of any person or any plan or 223
procedure important to the public and which have no application 224
outside the agency issuing the memorandum. 225
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(b) Legal memoranda or opinions issued to an agency by the 226
Attorney General or agency legal opinions prior to their use in 227
connection with an agency action. 228
(c) The preparation or modification of: 229
1. Agency budgets. 230
2. Statements, memoranda, or instructions to sta te 231
agencies issued by the Chief Financial Officer or Comptroller as 232
chief fiscal officer of the state and relating or pertaining to 233
claims for payment submitted by state agencies to the Chief 234
Financial Officer or Comptroller. 235
3. Contractual provisions re ached as a result of 236
collective bargaining. 237
4. Memoranda issued by the Executive Office of the 238
Governor relating to information resources management. 239
(21) "Technical change" means a change limited to 240
correcting grammatical, typographical, and similar e rrors not 241
affecting the substance of a rule. 242
Section 2. Paragraph (i) of subsection (1), subsections 243
(2) and (3), paragraphs (a) and (c) of subsection (4), and 244
paragraph (a) of subsection (7) of section 120.54, Florida 245
Statutes, are amended, and paragraphs (e) through (j) are added 246
to subsection (4) of that section, to read: 247
120.54 Rulemaking.— 248
(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 249
EMERGENCY RULES.— 250
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(i)1. A rule may incorporate material by reference but 251
only as the material exists on the date the rule is adopted. For 252
purposes of the rule, changes in the material are not effective 253
unless the rule is amended to incorporate the changes. 254
2. An agency rule that incorporates by specific reference 255
another rule of that agency au tomatically incorporates 256
subsequent amendments to the referenced rule unless a contrary 257
intent is clearly indicated in the referencing rule. A notice of 258
amendments to a rule that has been incorporated by specific 259
reference in other rules of that agency mus t explain the effect 260
of those amendments on the referencing rules. 261
3. In rules adopted after December 31, 2010, and rules 262
amended or repromulgated on or after July 1, 2025, material may 263
not be incorporated by reference unless: 264
a. The material has been submitted in the prescribed 265
electronic format to the Department of State and the full text 266
of the material can be made available for free public access 267
through an electronic hyperlink from the rule making the 268
reference in the Florida Administrative Code; o r 269
b. The agency has determined that posting the material on 270
the Internet for purposes of public examination and inspection 271
would constitute a violation of federal copyright law, in which 272
case a statement to that effect, along with the address of 273
locations at the Department of State and the agency at which the 274
material is available for public inspection and examination, 275
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must be included in the notice required by subparagraph (3)(a)1. 276
4. A rule may not be amended by reference only. Amendments 277
must set out the amended rule in full in the same manner as 278
required by the State Constitution for laws. 279
5. Notwithstanding any contrary provision in this section, 280
when an adopted rule of the Department of Environmental 281
Protection or a water management district is i ncorporated by 282
reference in the other agency's rule to implement a provision of 283
part IV of chapter 373, subsequent amendments to the rule are 284
not effective as to the incorporating rule unless the agency 285
incorporating by reference notifies the committee and the 286
Department of State of its intent to adopt the subsequent 287
amendment, publishes notice of such intent in the Florida 288
Administrative Register, and files with the Department of State 289
a copy of the amended rule incorporated by reference. Changes in 290
the rule incorporated by reference are effective as to the other 291
agency 20 days after the date of the published notice and filing 292
with the Department of State. The Department of State shall 293
amend the history note of the incorporating rule to show the 294
effective date of such change. Any substantially affected person 295
may, within 14 days after the date of publication of the notice 296
of intent in the Florida Administrative Register, file an 297
objection to rulemaking with the agency. The objection must 298
shall specify the portions of the rule incorporated by reference 299
to which the person objects and the reasons for the objection. 300
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The agency does shall not have the authority under this 301
subparagraph to adopt those portions of the rule specified in 302
such objection. The agency sha ll publish notice of the objection 303
and of its action in response in the next available issue of the 304
Florida Administrative Register. 305
6. The Department of State may adopt by rule requirements 306
for incorporating materials pursuant to this paragraph. 307
(2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 308
(a)1. Except when the intended action is the repeal of a 309
rule, agencies shall provide notice of the development of 310
proposed rules by publication of a notice of rule development in 311
the Florida Administra tive Register at least 7 days before 312
providing notice of a proposed rule as required by paragraph 313
(3)(a). The notice of rule development must shall indicate the 314
subject area to be addressed by rule development, provide a 315
short, plain explanation of the pur pose and effect of the 316
proposed rule, cite the grant of rulemaking authority for the 317
proposed rule and the law being implemented specific legal 318
authority for the proposed rule , and include the proposed rule 319
number and the preliminary text of the proposed r ules, if 320
available, or a statement of how a person may promptly obtain, 321
without cost, a copy of any preliminary draft, when if 322
available. The notice must also include a request for the 323
submission of any information that would be helpful to the 324
agency in preparing the statement of estimated regulatory costs 325
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required pursuant to paragraph (3)(b) and a statement of how a 326
person may submit comments on the proposal and how a person may 327
provide information regarding the potential regulatory costs. 328
2. A notice of a proposed rule must be published in the 329
Florida Administrative Register within 12 months after the most 330
recent notice of rule development. 331
(b) All rules should be drafted in readable language. The 332
language is readable if it: 333
1. It Avoids the use of obscure words and unnecessarily 334
long or complicated constructions; and 335
2. It Avoids the use of unnecessary technical or 336
specialized language that is understood only by members of 337
particular trades or professions. 338
(c) An agency may hold public workshops for purposes of 339
rule development and information gathering for the preparation 340
of the statement of estimated regulatory costs . If requested in 341
writing by any affected person, an agency must hold public 342
workshops, including workshops in various regions of this the 343
state or the agency's service area, for purposes of rule 344
development and information gathering for the preparation of the 345
statement of estimated regulatory costs if requested in writing 346
by any affected person , unless the agency head explains in 347
writing why a workshop is unnecessary. The explanation is not 348
final agency action subject to review pursuant to ss. 120.569 349
and 120.57. The failure to provide the explanation when required 350
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may be a material error in procedure pursuant to s. 351
120.56(1)(c). When a workshop or public hearing is held, the 352
agency must ensure that the persons responsible for preparing 353
the proposed rule and the statement of estimated regulatory 354
costs are available to receive public input, to explain the 355
agency's proposal, and to respond to questions or comments 356
regarding the rule being developed and the statement of 357
estimated regulatory costs . The workshop may be facilitated or 358
mediated by a neutral third person, or the agency may employ 359
other types of dispute resolution alternatives for the workshop 360
that are appropriate for rule development and for preparation of 361
the statement of estimated regulatory costs . Notice of a 362
workshop for rule development and for preparation of the 363
statement of estimated regulatory costs must workshop shall be 364
by publication in the Florida Administrative Register not less 365
than 14 days before prior to the date on which the workshop is 366
scheduled to be held and must shall indicate the subject area 367
that which will be addressed; the agency contact person; and the 368
place, date, and time of the workshop. 369
(d)1. An agency may use negotiated rulemaking in 370
developing and adopting rules. The agency should consider the 371
use of negotiated rulemaking when complex rules are being 372
drafted or strong opposition to the rules is anticipated. The 373
agency should consider, but is not limited to considering, 374
whether a balanced committee of interested persons who will 375
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negotiate in good faith can be assembled, whether the agency is 376
willing to support the work of the negotiating committee , and 377
whether the agency can use the group consensus as the basis for 378
its proposed rule. Negotiated rulemaking uses a committee of 379
designated representatives to draft a mutually acceptable 380
proposed rule and to develop information necessary to prepare a 381
statement of estimated regulatory costs, when applicable . 382
2. An agency that chooses to use the negotiated rulemaking 383
process described in this paragraph shall publish in the Florida 384
Administrative Register a notice of negotiated rulemaking that 385
includes a listing of the representative groups that will be 386
invited to participate in the negotiated rulemaking process. Any 387
person who believes that his or her interest is not adequately 388
represented may apply to participate within 30 days after 389
publication of the no tice. All meetings of the negotiating 390
committee must shall be noticed and open to the public pursuant 391
to the provisions of this chapter. The negotiating committee 392
shall be chaired by a neutral facilitator or mediator. 393
3. The agency's decision to use nego tiated rulemaking, its 394
selection of the representative groups, and approval or denial 395
of an application to participate in the negotiated rulemaking 396
process are not agency action. Nothing in This subparagraph is 397
not intended to affect the rights of a substantially an affected 398
person to challenge a proposed rule developed under this 399
paragraph in accordance with s. 120.56(2). 400
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(3) ADOPTION PROCEDURES. — 401
(a) Notices.— 402
1. Before Prior to the adoption, amendment, or repeal of 403
any rule other than an emergency rule, an agency, upon approval 404
of the agency head, shall give notice of its intended action, 405
setting forth a short, plain explanation of the purpose and 406
effect of the proposed action; the proposed rule number and full 407
text of the proposed rule or amendment and a summary thereof; a 408
reference to the grant of rulemaking authority pursuant to which 409
the rule is adopted; and a reference to the section or 410
subsection of the Florida Statutes or the Laws of Florida being 411
implemented or interpreted. The notice must in clude a concise 412
summary of the agency's statement of the estimated regulatory 413
costs, if one has been prepared , based on the factors set forth 414
in s. 120.541(2) which describes the regulatory impact of the 415
rule in readable language; an agency website address where the 416
statement of estimated regulatory costs can be viewed in its 417
entirety; a statement that any person who wishes to provide the 418
agency with information regarding the statement of estimated 419
regulatory costs, or to provide a proposal for a lower cost 420
regulatory alternative as provided by s. 120.541(1), must do so 421
in writing within 21 days after publication of the notice; a 422
request for the submission of any information that could be 423
helpful to the agency regarding the statement of estimated 424
regulatory costs; and a statement as to whether, based on the 425
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statement of the estimated regulatory costs or other information 426
expressly relied upon and described by the agency if no 427
statement of regulatory costs is required , the proposed rule is 428
expected to require legislative ratification pursuant to s. 429
120.541(3). The notice must state the procedure for requesting a 430
public hearing on the proposed rule. Except when the intended 431
action is the repeal of a rule, the notice must include a 432
reference both to the date on w hich and to the place where the 433
notice of rule development that is required by subsection (2) 434
appeared. 435
2. The notice must shall be published in the Florida 436
Administrative Register at least not less than 28 days before 437
prior to the intended action. The p roposed rule, including all 438
materials proposed to be incorporated by reference and the 439
statement of estimated regulatory costs, must shall be available 440
for inspection and copying by the public at the time of the 441
publication of notice. Material proposed to be incorporated by 442
reference in the notice must be made available in the manner 443
prescribed by sub-subparagraph (1)(i)3.a. or sub -subparagraph 444
(1)(i)3.b. 445
3. The notice must shall be mailed or delivered 446
electronically to all persons named in the proposed r ule and 447
mailed or delivered electronically to all persons who, at least 448
14 days before publication of the notice prior to such mailing , 449
have made requests of the agency for advance notice of its 450
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proceedings. The agency shall also give such notice as is 451
prescribed by rule to those particular classes of persons to 452
whom the intended action is directed. 453
4. The adopting agency shall file with the committee, at 454
least 21 days before prior to the proposed adoption date, a copy 455
of each rule it proposes to adopt; a copy of any material 456
incorporated by reference in the rule; a detailed written 457
statement of the facts and circumstances justifying the proposed 458
rule; a copy of the any statement of estimated regulatory costs 459
that has been prepared pursuant to s. 120.541; a statement of 460
the extent to which the proposed rule relates to federal 461
standards or rules on the same subject; and the notice required 462
by subparagraph 1. 463
(b) Special matters to be considered in rule adoption. — 464
1. Statement of estimated regulatory costs. —Before the 465
adoption or, amendment, or repeal of any rule, other than an 466
emergency rule, an agency must is encouraged to prepare a 467
statement of estimated regulatory costs of the proposed rule, as 468
provided by s. 120.541. The statement must include a cost -469
benefit analysis that evaluates whether the projected benefits 470
of the existing rule or proposed rule exceed its projected 471
costs. However, an agency is not required to prepare a statement 472
of estimated regulatory costs for a proposed rule repeal unless 473
such repeal would impose a regulatory cost. In any challenge to 474
a proposed rule repeal, a proposed rule repeal that only reduces 475
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or eliminates regulations on those individuals or entities 476
regulated by the existing rule must be considered presumptively 477
correct in any proceeding before the division or in any 478
proceeding before a court of competent jurisdiction However, an 479
agency must prepare a statement of estimated regulatory costs of 480
the proposed rule, as provided by s. 120.541, if: 481
a. The proposed rule will have an adverse impact on small 482
business; or 483
b. The proposed rule is likely to directly or indirectly 484
increase regulatory costs in excess of $200,000 in the aggregate 485
in this state within 1 year after the implementation of the 486
rule. 487
2. Small businesses, small counties, and small cities. — 488
a. For purposes of this subsection and s. 120.541(2), an 489
adverse impact on small businesses, as defined in s. 288.703 or 490
sub-subparagraph b., exists if, for any small business: 491
(I) An owner, officer, operator, or manager must complete 492
any education, training, or testing to comply, or is likely to 493
spend at least 10 hours or purchase professional advice to 494
understand and comply, with the rule in the first year; 495
(II) Taxes or fees asses sed on transactions are likely to 496
increase by $500 or more in the aggregate in 1 year; 497
(III) Prices charged for goods and services are restricted 498
or are likely to increase because of the rule; 499
(IV) Specially trained, licensed, or tested employees will 500
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be required because of the rule; 501
(V) Operating costs are expected to increase by at least 502
$1,000 annually because of the rule; or 503
(VI) Capital expenditures in excess of $1,000 are 504
necessary to comply with the rule. 505
b. Each agency, before the adoption , amendment, or repeal 506
of a rule, shall consider the impact of the rule on small 507
businesses as defined in by s. 288.703 and the impact of the 508
rule on small counties or small cities as defined in by s. 509
120.52. Whenever practicable, an agency shall tier its rules to 510
reduce disproportionate impacts on small businesses, small 511
counties, or small cities to avoid regulating small businesses, 512
small counties, or small cities that do not contribute 513
significantly to the problem the rule is designed to address. An 514
agency may define "small business" to include businesses 515
employing more than 200 persons, may define "small county" to 516
include those with populations of more than 75,000, and may 517
define "small city" to include those with populations of more 518
than 10,000, if it finds that such a definition is necessary to 519
adapt a rule to the needs and problems of small businesses, 520
small counties, or small cities. The agency shall consider each 521
of the following methods for reducing the impact of the proposed 522
rule on small business es, small counties, and small cities, or 523
any combination of these entities: 524
(I) Establishing less stringent compliance or reporting 525
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requirements in the rule. 526
(II) Establishing less stringent schedules or deadlines in 527
the rule for compliance or reportin g requirements. 528
(III) Consolidating or simplifying the rule's compliance 529
or reporting requirements. 530
(IV) Establishing performance standards or best management 531
practices to replace design or operational standards in the 532
rule. 533
(V) Exempting small busin esses, small counties, or small 534
cities from any or all requirements of the rule. 535
c.(I)b.(I) If the agency determines that the proposed 536
action will affect small businesses as defined by the agency as 537
provided in sub-subparagraph b. a., the agency must shall send 538
written notice of the rule to the rules ombudsman in the 539
Executive Office of the Governor at least 28 days before the 540
intended action. 541
(II) Each agency shall adopt those regulatory alternatives 542
offered by the rules ombudsman in the Executive Offi ce of the 543
Governor and provided to the agency no later than 21 days after 544
the rules ombudsman's receipt of the written notice of the rule 545
which it finds are feasible and consistent with the stated 546
objectives of the proposed rule and which would reduce the 547
impact on small businesses. When regulatory alternatives are 548
offered by the rules ombudsman in the Executive Office of the 549
Governor, the 90-day period for filing the rule in subparagraph 550
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(e)2. is extended for a period of 21 days. The agency shall 551
provide notice to the committee of any regulatory alternative 552
offered to the agency pursuant to this sub -subparagraph at least 553
21 days before filing the proposed rule for adoption. 554
(III) If an agency does not adopt all alternatives offered 555
pursuant to this sub -subparagraph, it must shall, before rule 556
adoption or amendment and pursuant to subparagraph (d)1., file a 557
detailed written statement with the committee explaining the 558
reasons for failure to adopt such alternatives. Within 3 working 559
days after the filing of s uch notice, the agency shall send a 560
copy of such notice to the rules ombudsman in the Executive 561
Office of the Governor. 562
(c) Hearings.— 563
1. If the intended action concerns any rule other than one 564
relating exclusively to procedure or practice, the agency must 565
shall, on the request of any affected person received within 21 566
days after the date of publication of the notice of intended 567
agency action, give affected persons an opportunity to present 568
evidence and argument on all issues under consideration. The 569
agency may schedule a public hearing on the proposed rule and, 570
if requested by any affected person, must shall schedule a 571
public hearing on the proposed rule. When a public hearing is 572
held, the agency must ensure that the persons responsible for 573
preparing the proposed rule and the statement of estimated 574
regulatory costs staff are in attendance available to explain 575
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the agency's proposal and to respond to questions or comments 576
regarding the proposed rule, the statement of estimated 577
regulatory costs, and the agency's decision on whether to adopt 578
a lower cost regulatory alternative submitted pursuant to s. 579
120.541(1)(a). If the agency head is a board or other collegial 580
body created under s. 20.165(4) or s. 20.43(3)(g), and one or 581
more requested public hearings is scheduled, the board or other 582
collegial body must shall conduct at least one of the public 583
hearings itself and may not delegate this responsibility without 584
the consent of those persons requesting the public hearing. Any 585
material pertinent to the issues under consideration submitted 586
to the agency within 21 days after the date of publication of 587
the notice or submitted to the agency between the date of 588
publication of the notice and the end of the final public 589
hearing must shall be considered by the agency a nd made a part 590
of the record of the rulemaking proceeding. 591
2. Rulemaking proceedings are shall be governed solely by 592
the provisions of this section unless a person timely asserts 593
that the person's substantial interests will be affected in the 594
proceeding and affirmatively demonstrates to the agency that the 595
proceeding does not provide adequate opportunity to protect 596
those interests. If the agency determines that the rulemaking 597
proceeding is not adequate to protect the person's interests, it 598
must shall suspend the rulemaking proceeding and convene a 599
separate proceeding under the provisions of ss. 120.569 and 600
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120.57. The agency shall publish in the Florida Administrative 601
Register a notice of convening a separate proceeding. Similarly 602
situated persons may be r equested to join and participate in the 603
separate proceeding. Upon conclusion of the separate proceeding, 604
the rulemaking proceeding shall be resumed. All timelines in 605
this section are tolled during any suspension of the rulemaking 606
proceeding under this subp aragraph, beginning on the date the 607
notice of convening a separate proceeding is published, and the 608
timelines shall resume the day after conclusion of the separate 609
proceedings, notice of which must be provided to the committee. 610
(d) Modification or withdr awal of proposed rules. — 611
1. After the final public hearing on the proposed rule, or 612
after the time for requesting a hearing has expired, if the 613
proposed rule has not been changed from the proposed rule as 614
previously filed with the committee, or contains only technical 615
changes, the adopting agency shall file a notice to that effect 616
with the committee at least 7 days before prior to filing the 617
proposed rule for adoption. Any change, other than a technical 618
change that does not affect the substance of the rul e, must be 619
supported by the record of public hearings held on the proposed 620
rule, must be in response to written material submitted to the 621
agency within 21 days after the date of publication of the 622
notice of intended agency action or submitted to the agency 623
between the date of publication of the notice and the end of the 624
final public hearing, or must be in response to a proposed 625
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objection by the committee. Any change, other than a technical 626
change, to a statement of estimated regulatory costs requires a 627
notice of change. In addition, when any change, other than a 628
technical change, to is made in a proposed rule text or any 629
material incorporated by reference requires , other than a 630
technical change, the adopting agency to shall provide a copy of 631
a notice of change by certified mail or actual delivery to any 632
person who requests it in writing no later than 21 days after 633
the notice required in paragraph (a). The agency shall file the 634
notice of change with the committee, along with the reasons for 635
the change, and provide the notice of change to persons 636
requesting it, at least 21 days before prior to filing the 637
proposed rule for adoption. The notice of change must shall be 638
published in the Florida Administrative Register at least 21 639
days before prior to filing the proposed rule for adoption. The 640
notice of change must include a summary of any revision of the 641
statement of estimated regulatory costs required by s. 642
120.541(1)(c). This subparagraph does not apply to emergency 643
rules adopted pursuant to subsection (4). Material proposed to 644
be incorporated by reference in the notice required by this 645
subparagraph must be made available in the manner prescribed by 646
sub-subparagraph (1)(i)3.a. or sub -subparagraph (1)(i)3.b. and 647
include a summary of substantive revisions to any mater ial 648
proposed to be incorporated by reference in the proposed rule. 649
2. After the notice required by paragraph (a) and before 650
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prior to adoption, the agency may withdraw the proposed rule in 651
whole or in part. 652
3. After the notice required by paragraph (a), the agency 653
must withdraw the proposed rule if the agency has failed to 654
adopt it within the prescribed timeframes in this chapter. If 655
the agency, 30 days after notice by the committee that the 656
agency has failed to adopt the proposed rule within the 657
prescribed timeframes in this chapter, has not given notice of 658
the withdrawal of the proposed rule, the committee must notify 659
the Department of State that the date for adoption of the rule 660
has expired, and the Department of State must publish a notice 661
of withdrawal of the proposed rule. 662
4. After adoption and before the rule becomes effective, a 663
rule may be modified or withdrawn only in the following 664
circumstances: 665
a. When the committee objects to the rule; 666
b. When a final order, which is not subject to further 667
appeal, is entered in a rule challenge brought pursuant to s. 668
120.56 after the date of adoption but before the rule becomes 669
effective pursuant to subparagraph (e)6.; 670
c. If the rule requires ratification, when more than 90 671
days have passed since the rule was filed for adoption without 672
the Legislature does not ratify ratifying the rule by the 673
adjournment sine die of the regular session immediately 674
following the filing for adoption of the rule , in which case the 675
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rule must may be withdrawn, and within 90 days after adjournment 676
sine die, the agency: 677
(I) May initiate rulemaking again by publishing the notice 678
required under s. 120.54(3)(a); or 679
(II) Must initiate rulemaking again by publishing the 680
notice required by s. 120.54(3)(a), if the mandatory g rant of 681
rulemaking authority the agency relied upon as authority to 682
pursue the original rule action is still in effect at the time 683
of the original rule's withdrawal but may not be modified ; or 684
d. When the committee notifies the agency that an 685
objection to the rule is being considered, in which case the 686
rule may be modified to extend the effective date by not more 687
than 60 days. 688
5.4. The agency shall give notice of its decision to 689
withdraw or modify a rule in the first available issue of the 690
publication in which the original notice of rulemaking was 691
published, shall notify those persons described in subparagraph 692
(a)3. in accordance with the requirements of that subparagraph, 693
and shall notify the Department of State if the rule is required 694
to be filed with the Department of State. 695
6.5. After a rule has become effective, it may be repealed 696
or amended only through the rulemaking procedures specified in 697
this chapter. 698
(e) Filing for final adoption; effective date. — 699
1. If the adopting agency is required to publish its rules 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in the Florida Administrative Code, the agency, upon approval of 701
the agency head, must electronically shall file with the 702
Department of State a three certified copy copies of the rule it 703
proposes to adopt; one copy of any material incorpo rated by 704
reference in the rule, certified by the agency; a summary of the 705
rule; a summary of any hearings held on the rule; and a detailed 706
written statement of the facts and circumstances justifying the 707
rule. Agencies not required to publish their rules in the 708
Florida Administrative Code shall file one certified copy of the 709
proposed rule, and the other material required by this 710
subparagraph, in the office of the agency head, and such rules 711
must shall be open to the public. 712
2. A rule may not be filed for a doption less than 28 days 713
or more than 90 days after the notice required by paragraph (a), 714
until 21 days after the notice of change required by paragraph 715
(d), until 14 days after the final public hearing, until 21 days 716
after a statement of estimated regula tory costs required under 717
s. 120.541 has been provided to all persons who submitted a 718
lower cost regulatory alternative and made available to the 719
public at a readily accessible page on the agency's website , or 720
until the administrative law judge has rendere d a decision under 721
s. 120.56(2), whichever applies. When a required notice of 722
change is published before prior to the expiration of the time 723
to file the rule for adoption, the period during which a rule 724
must be filed for adoption is extended to 45 days aft er the date 725
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of publication. If notice of a public hearing is published 726
before prior to the expiration of the time to file the rule for 727
adoption, the period during which a rule must be filed for 728
adoption is extended to 45 days after adjournment of the final 729
hearing on the rule, 21 days after receipt of all material 730
authorized to be submitted at the hearing, or 21 days after 731
receipt of the transcript, if one is made, whichever is latest. 732
The term "public hearing" includes any public meeting held by 733
any agency at which the rule is considered. If a petition for an 734
administrative determination under s. 120.56(2) is filed, the 735
period during which a rule must be filed for adoption is 736
extended to 60 days after the administrative law judge files the 737
final order with the clerk or until 60 days after subsequent 738
judicial review is complete. 739
3. At the time a rule is filed, the agency shall certify 740
that the time limitations prescribed by this paragraph have been 741
complied with, that all statutory rulemaking requirements h ave 742
been met, and that there is no administrative determination 743
pending on the rule. 744
4. At the time a rule is filed, the committee shall 745
certify whether the agency has responded in writing to all 746
material and timely written comments or written inquiries made 747
on behalf of the committee. The Department of State shall reject 748
any rule that is not filed within the prescribed time limits; 749
that does not comply with all statutory rulemaking requirements 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and rules of the Department of State; upon which an agency h as 751
not responded in writing to all material and timely written 752
inquiries or written comments; upon which an administrative 753
determination is pending; or which does not include a statement 754
of estimated regulatory costs, if required. 755
5. If a rule has not be en adopted within the time limits 756
imposed by this paragraph or has not been adopted in compliance 757
with all statutory rulemaking requirements, the agency proposing 758
the rule must shall withdraw the proposed rule and give notice 759
of its action in the next avai lable issue of the Florida 760
Administrative Register. If the agency has not published notice 761
of withdrawal of the rule during the 30 days after receiving 762
notice from the committee that the agency has failed to withdraw 763
the rule, the committee must notify the Department of State that 764
the date for adoption of the rule has expired, and the 765
Department of State must publish a notice of withdrawal of the 766
rule. 767
6. The proposed rule shall be adopted on being filed with 768
the Department of State and becomes become effective 20 days 769
after being filed, on a later date specified in the notice 770
required by subparagraph (a)1., on a date required by statute, 771
or upon ratification by the Legislature pursuant to s. 772
120.541(3). Rules not required to be filed with the Department 773
of State shall become effective when adopted by the agency head, 774
on a later date specified by rule or statute, or upon 775
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ratification by the Legislature pursuant to s. 120.541(3). If 776
the committee notifies an agency that an objection to a rule is 777
being considered, the agency may postpone the adoption of the 778
rule to accommodate review of the rule by the committee. When an 779
agency postpones adoption of a rule to accommodate review by the 780
committee, the 90-day period for filing the rule is tolled until 781
the committee notifies the agency that it has completed its 782
review of the rule. 783
784
For the purposes of this paragraph, the term "administrative 785
determination" does not include subsequent judicial review. 786
(4) EMERGENCY RULES. — 787
(a) If an agency finds that an immediat e danger to the 788
public health, safety, or welfare requires emergency action, or 789
if the Legislature authorizes the agency to adopt emergency 790
rules and finds that all conditions specified in this paragraph 791
are met, the agency may, within the authority grante d to the 792
agency under the State Constitution or delegated to it by the 793
Legislature, adopt any rule necessitated by the immediate danger 794
or legislative finding . The agency may adopt a rule by any 795
procedure which is fair under the circumstances if: 796
1. The procedure provides at least the procedural 797
protection given by other statutes, the State Constitution, or 798
the United States Constitution. 799
2. The agency takes only that action necessary to protect 800
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the public interest under the emergency procedure. 801
3. The agency publishes in writing at the time of, or 802
prior to, its action the specific facts and reasons for finding 803
an immediate danger to the public health, safety, or welfare and 804
its reasons for concluding that the procedure used is fair under 805
the circumstances. In any event, notice of emergency rules, 806
other than those of educational units or units of government 807
with jurisdiction in only one or a part of one county, including 808
the full text of the rules and the agency's findings of 809
immediate danger, necessity , and procedural fairness or a 810
citation to the grant of emergency rulemaking authority , must 811
shall be published in the first available issue of the Florida 812
Administrative Register and provided to the committee along with 813
any material incorporated by refere nce in the rules. The 814
agency's findings of immediate danger, necessity, and procedural 815
fairness are shall be judicially reviewable. 816
(c) Unless otherwise provided by law, an emergency rule 817
may adopted under this subsection shall not be effective for a 818
period longer than 90 days and is shall not be renewable, except 819
when the agency has initiated rulemaking to adopt rules 820
addressing the subject of the emergency rule and either: 821
1. A challenge to the proposed rules has been filed and 822
remains pending; or 823
2. The proposed rules are awaiting ratification by the 824
Legislature pursuant to s. 120.541(3). If the proposed rule is 825
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not ratified during the next regular legislative session, the 826
emergency rule shall expire at adjournment sine di e of that 827
regular legislative session. The proposed rule must be withdrawn 828
from ratification in accordance with s. 120.54(3)(d). 829
830
Nothing in This paragraph does not prohibit prohibits the agency 831
from adopting a rule or rules identical to the emergency rule 832
through the rulemaking procedures specified in subsection (3). 833
(e) Emergency rules must be published in the Florida 834
Administrative Code. 835
(f) An agency may supersede an emergency rule currently in 836
effect through adoption of another emergency rule. The agency 837
must state the reason for adopting the new rule, in accordance 838
with the procedures set forth in paragraph (a), and the new rule 839
must be in effect for the duration of the effective period of 840
the superseded rule. Technical changes to an emergency rule may 841
be made within the first 7 days after adoption of the rule. 842
(g) Any notice of the renewal of an emergency rule must be 843
published in the Florida Administrative Register before the 844
expiration of the existing emergency rule. The notice of renewal 845
must state the specific facts and reasons for the renewal 846
pursuant to paragraph (c). 847
(h) All emergency rules must be published in the Florida 848
Administrative Code in the section of the code dealing with the 849
agency. 850
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(i) For emergency rules with an effective period longer 851
than 90 days which are intended to replace existing rules, a 852
note must be added to the history note of the existing rule 853
which specifically identifies the emergency rule that is 854
intended to supersede the existing rule and includes the date 855
that the emergency rule was filed with the Department of State. 856
(j) An emergency rule adopted under this subsection may be 857
repealed by the adopting agency at any time while the rule is in 858
effect by publishing a notice in the Florida Administrative 859
Register citing the reason for the repeal and the effective date 860
of the repeal. 861
(7) PETITION TO INITIATE RULEMAKING. — 862
(a) Any person regulated by an agency or having 863
substantial interest in an agency rule may petition an agency to 864
adopt, amend, or repeal a rul e or to provide the minimum public 865
information required by this chapter. The petition must shall 866
specify the proposed rule and action requested. The agency shall 867
file a copy of the petition with the committee. No Not later 868
than 30 calendar days after following the date of filing a 869
petition, the agency shall initiate rulemaking proceedings under 870
this chapter, otherwise comply with the requested action, or 871
deny the petition with a written statement of its reasons for 872
the denial. 873
Section 3. Section 120.541 , Florida Statutes, is amended 874
to read: 875
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
120.541 Statement of estimated regulatory costs. — 876
(1)(a) Within 21 days after publication of the notice of a 877
proposed rule or notice of change required under s. 878
120.54(3)(a), a substantially affected person may s ubmit to an 879
agency a good faith written proposal for a lower cost regulatory 880
alternative to a proposed rule which substantially accomplishes 881
the objectives of the law being implemented. The agency shall 882
provide a copy of any proposal for a lower cost regul atory 883
alternative to the committee at least 21 days before filing the 884
proposed rule for adoption. The proposal may include the 885
alternative of not adopting any rule if the proposal explains 886
how the lower costs and objectives of the law will be achieved 887
by not adopting any rule. If submitted after a notice of change, 888
a proposal for a lower cost regulatory alternative is deemed to 889
be made in good faith only if the person reasonably believes, 890
and the proposal states the person's reasons for believing, that 891
the proposed rule as changed by the notice of change increases 892
the regulatory costs or creates an adverse impact on small 893
businesses which was not created by the previous proposed rule. 894
If such a proposal is submitted, the 90 -day period for filing 895
the rule is extended 21 days. Upon the submission of the lower 896
cost regulatory alternative, the agency shall prepare a 897
statement of estimated regulatory costs as provided in 898
subsection (2), or shall revise its prior statement of estimated 899
regulatory costs, and either adopt the alternative proposal, 900
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reject the alternative proposal, or modify the proposed rule to 901
reduce the regulatory costs. If the agency rejects the 902
alternative proposal or modifies the proposed rule, the agency 903
must or provide a statement of the reasons for rejecting the 904
alternative in favor of the proposed rule. 905
(b) If a proposed rule will have an adverse impact on 906
small business or if the proposed rule is likely to directly or 907
indirectly increase regulatory costs in excess of $200,000 in 908
the aggregate within 1 year after the implementation of the 909
rule, the agency shall prepare a statement of estimated 910
regulatory costs as required by s. 120.54(3)(b). 911
(b)(c) The agency must shall revise a statement of 912
estimated regulatory costs if any change to the ru le made under 913
s. 120.54(3)(d) increases the regulatory costs of the rule or if 914
the rule is modified in response to the submission of a lower 915
cost regulatory alternative. A summary of the revised statement 916
must be included with any subsequent notice publish ed under s. 917
120.54(3). 918
(c)(d) At least 21 days before filing the proposed rule 919
for adoption, an agency that is required to revise a statement 920
of estimated regulatory costs shall provide the statement to the 921
person who submitted the lower cost regulatory alternative, to 922
the rules ombudsman in the Executive Office of the Governor, and 923
to the committee. The revised statement must be published and 924
made available in the same manner as the original statement of 925
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estimated regulatory costs and shall provide notic e on the 926
agency's website that it is available to the public . 927
(d)(e) Notwithstanding s. 120.56(1)(c), the failure of the 928
agency to prepare and publish a statement of estimated 929
regulatory costs or to respond to a written lower cost 930
regulatory alternative as provided in this subsection is a 931
material failure to follow the applicable rulemaking procedures 932
or requirements set forth in this chapter. 933
(e)(f) An agency's failure to prepare a statement of 934
estimated regulatory costs or to respond to a written lower cost 935
regulatory alternative may not be raised in a proceeding 936
challenging the validity of a rule pursuant to s. 120.52(8)(a) 937
unless: 938
1. Raised in a petition filed no later than 1 year after 939
the effective date of the rule; and 940
2. Raised by a person whose substantial interests are 941
affected by the rule's regulatory costs. 942
(f)(g) A rule that is challenged pursuant to s. 943
120.52(8)(f) may not be declare d invalid unless: 944
1. The issue is raised in an administrative proceeding 945
within 1 year after the effective date of the rule; 946
2. The challenge is to the agency's rejection of a lower 947
cost regulatory alternative offered under paragraph (a) or s. 948
120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and 949
3. The substantial interests of the person challenging the 950
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rule are materially affected by the rejection. 951
(2) A statement of estimated regulatory costs must shall 952
include: 953
(a) An economic analysis showing whether the rule directly 954
or indirectly: 955
1. Is likely to have an adverse impact on economic growth, 956
private sector job creation or employment, or private sector 957
investment in excess of $1 million in the aggregate within 5 958
years after the implementation of the rule; 959
2. Is likely to have an adverse impact on business 960
competitiveness, including the ability of persons doing business 961
in this the state to compete with persons doing business in 962
other states or domestic markets, productivity, or innovation in 963
excess of $1 million in the aggregate within 5 years after the 964
implementation of the rule; or 965
3. Is likely to increase regulatory costs, including all 966
any transactional costs and impacts estimated in the statement , 967
in excess of $1 million in the aggregate within 5 y ears after 968
the implementation of the rule. 969
(b) A good faith estimate of the number of individuals , 970
small businesses, and other entities likely to be required to 971
comply with the rule, together with a general description of the 972
types of individuals likely to be affected by the rule. 973
(c) A good faith estimate of the cost to the agency, and 974
to any other state and local government entities, of 975
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implementing and enforcing the proposed rule, and any 976
anticipated effect on state or local revenues. 977
(d) A good faith estimate of the compliance transactional 978
costs likely to be incurred by individuals and entities, 979
including local government entities, required to comply with the 980
requirements of the rule. As used in this section, 981
"transactional costs" are direct costs that are readily 982
ascertainable based upon standard business practices, and 983
include filing fees, the cost of obtaining a license, the cost 984
of equipment required to be installed or used or procedures 985
required to be employed in complying with the rule, addit ional 986
operating costs incurred, the cost of monitoring and reporting, 987
and any other costs necessary to comply with the rule. 988
(e) An analysis of the impact on small businesses as 989
defined by s. 288.703, and an analysis of the impact on small 990
counties and small cities as defined in s. 120.52. The impact 991
analysis for small businesses must include the basis for the 992
agency's decision not to implement alternatives that would 993
reduce adverse impacts on small businesses. 994
(f) Any additional information that the ag ency determines 995
may be useful. 996
(g) In the statement or revised statement, whichever 997
applies, a description of any regulatory alternatives submitted 998
under paragraph (1)(a) and a statement adopting the alternative 999
or a statement of the reasons for rejectin g the alternative in 1000
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favor of the proposed rule. 1001
(3) If the adverse impact or regulatory costs of the rule 1002
exceed any of the criteria established in paragraph (2)(a), the 1003
rule must shall be submitted to the President of the Senate and 1004
Speaker of the House of Representatives no later than 30 days 1005
before prior to the next regular legislative session, and the 1006
rule may not take effect until it is ratified by the 1007
Legislature. 1008
(4) Subsection (3) does not apply to the adoption of: 1009
(a) Federal standards pursuant to s. 120.54(6). 1010
(b) Triennial updates of and amendments to the Florida 1011
Building Code which are expressly authorized by s. 553.73. 1012
(c) Triennial updates of and amendments to the Fl orida 1013
Fire Prevention Code which are expressly authorized by s. 1014
633.202. 1015
(d) Emergency rules adopted pursuant to s. 120.54(4). 1016
(5) For purposes of subsections (2) and (3), adverse 1017
impacts and regulatory costs likely to occur within 5 years 1018
after implementation of the rule include adverse impacts and 1019
regulatory costs estimated to occur within 5 years after the 1020
effective date of the rule. However, if any provision of the 1021
rule is not fully implemented upon the effective date of the 1022
rule, the adverse impact s and regulatory costs associated with 1023
such provision must be adjusted to include any additional 1024
adverse impacts and regulatory costs estimated to occur within 5 1025
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years after implementation of such provision. 1026
(6)(a) In evaluating the impacts described in paragraphs 1027
(2)(a) and (e), an agency shall include good faith estimates of 1028
market impacts likely to result from compliance with the 1029
proposed rule, including: 1030
1. Increased customer charges for goods or services. 1031
2. Decreased market value of goods or ser vices produced, 1032
provided, or sold. 1033
3. Increased costs resulting from the purchase of 1034
substitute or alternative goods or services. 1035
4. The reasonable value of time to be spent by owners, 1036
officers, operators, and managers to understand and comply with 1037
the proposed rule, including, but not limited to, time to be 1038
spent completing required education, training, or testing. 1039
5. Capital costs. 1040
6. Any other impacts suggested by the rules ombudsman in 1041
the Executive Office of the Governor or by any interested 1042
persons. 1043
(b) In estimating the information required in paragraphs 1044
(2)(b)-(e), the agency may use surveys of individuals, 1045
businesses, business organizations, counties, and municipalities 1046
to collect data helpful to estimate the costs and impacts. 1047
(c) In estimating compliance costs under paragraph (2)(d), 1048
the agency shall consider, among other matters, all direct and 1049
indirect costs necessary to comply with the proposed rule which 1050
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are readily ascertainable based upon standard business 1051
practices, including, bu t not limited to, costs related to: 1052
1. Filing fees. 1053
2. Expenses to obtain a license. 1054
3. Necessary equipment. 1055
4. Installation, utilities for, and maintenance of 1056
necessary equipment. 1057
5. Necessary operations and procedures. 1058
6. Accounting, financia l, information management, and 1059
other administrative processes. 1060
7. Other processes. 1061
8. Labor based on relevant rates of wages, salaries, and 1062
benefits. 1063
9. Materials and supplies. 1064
10. Capital expenditures, including financing costs. 1065
11. Professional and technical services, including 1066
contracted services necessary to implement and maintain 1067
compliance. 1068
12. Monitoring and reporting. 1069
13. Qualifying and recurring education, training, and 1070
testing. 1071
14. Travel. 1072
15. Insurance and surety requirements. 1073
16. A fair and reasonable allocation of administrative 1074
costs and other overhead. 1075
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17. Reduced sales or other revenues. 1076
18. Other items suggested by the rules ombudsman in the 1077
Executive Office of the Governor or by any interested person, 1078
business organization, or business representative. 1079
(7)(a) The Department of State shall include on the 1080
Florida Administrative Register website the agency website 1081
addresses where statements of estimated regulatory costs can be 1082
viewed in their entirety. 1083
(b) An agency that prepares a statement of estimated 1084
regulatory costs must provide, as part of the notice required 1085
under s. 120.54(3)(a), the agency website address where the 1086
statement of estimated regulatory costs can be read in its 1087
entirety to the Department of State f or publication in the 1088
Florida Administrative Register. 1089
(c) If an agency revises its statement of estimated 1090
regulatory costs, the agency must provide notice that a revision 1091
has been made in the manner provided under s. 120.54(3)(d)1. 1092
Such notice must also include the agency website address where 1093
the revision can be viewed in its entirety. 1094
Section 4. Section 120.5435, Florida Statutes, is created 1095
to read: 1096
120.5435 Repromulgation of rules. — 1097
(1) It is the intent of the Legislature that each agency 1098
periodically review its rules for consistency with the powers 1099
and duties granted by its enabling statutes. 1100
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(2) For rules promulgated before July 1, 2025, each agency 1101
shall include in its annual regulatory plan submitted pursuant 1102
to s. 120.74, beginning with the plan due on October 1, 2025, a 1103
schedule of the rules it will review each year during the 5 -year 1104
rule review period ending on December 31, 2030. The agency may 1105
amend its yearly schedule in subsequent regulatory plans but 1106
must provide for the completed review of at least 20 percent of 1107
the agency's rules per year until all of its rules have been 1108
reviewed. Any variation from the schedule must be reflected in 1109
the agency's annual regulatory plan. This subsection shall stand 1110
repealed on January 31, 2031. 1111
(3) If an agency determines after review that substantive 1112
changes to update a rule are not required, such agency must 1113
repromulgate the rule to reflect the date of the review. All 1114
rules adopted, amended, or repromulgated on or after July 1, 1115
2025, must be reviewed within 5 years after their effective 1116
dates and every 5 years thereafter. Each agency shall review all 1117
existing rules pursuant to this section no later than December 1118
31, 2030. No later than July 31, 2025, the committee shall 1119
provide each agency with a list of existing rules and their 1120
effective dates. Failure of an agency to adhere to the deadlines 1121
imposed in this section constitutes a material failure to follow 1122
the applicable rulemaking procedures or requirements of this 1123
chapter and shall be the basis o f an objection under s. 120.545. 1124
(4) Before repromulgation of a rule, the agency must, upon 1125
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approval by the agency head or his or her designee: 1126
(a) Publish a notice of repromulgation in the Florida 1127
Administrative Register. A notice of repromulgation is not 1128
required to include the text of the rule being repromulgated. 1129
(b) File the rule for repromulgation with the Department 1130
of State. A rule may not be filed for repromulgation less than 1131
28 days, or more than 90 days, after the date of publication of 1132
the notice required by paragraph (a). 1133
(5) The agency must file a notice of repromulgation with 1134
the committee at least 14 days before filing the rule for 1135
repromulgation. At the time the rule is filed for 1136
repromulgation, the committee shall certify whether th e agency 1137
has responded in writing to all material and timely written 1138
comments or written inquiries made on behalf of the committee. 1139
(6) A repromulgated rule is not subject to challenge as a 1140
proposed rule pursuant to s. 120.56(2). 1141
(7) The hearing requir ements of s. 120.54 do not apply to 1142
repromulgation of a rule. 1143
(8)(a) The agency, upon approval of the agency head or his 1144
or her designee, shall electronically file with the Department 1145
of State a certified copy of the repromulgated rule it proposes 1146
to adopt and one certified copy of any material incorporated by 1147
reference in the rule. 1148
(b) The rule is considered to be repromulgated upon its 1149
filing with the Department of State. 1150
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(c) The Department of State shall update the history note 1151
of the rule in the F lorida Administrative Code to reflect the 1152
filing date of the repromulgated rule. 1153
(9) At least 90 days before each legislative session, the 1154
committee shall submit to the President of the Senate and the 1155
Speaker of the House of Representatives a list of all rules that 1156
have not been repromulgated in accordance with this section and 1157
identify whether the statutory rulemaking authority for each 1158
rule remains in effect. If no action is taken by the Legislature 1159
with regard to a rule during the next regular legislat ive 1160
session, each agency, within 14 days after the close of the 1161
session, must initiate rulemaking proceedings under chapter 120 1162
to repeal the rule. 1163
(10) The Department of State shall adopt rules to 1164
implement this section by December 31, 2025. 1165
Section 5. Subsection (1) of section 120.545, Florida 1166
Statutes, is amended to read: 1167
120.545 Committee review of agency rules. — 1168
(1) As a legislative check on legislatively created 1169
authority, the committee shall examine each existing rule and 1170
proposed rule, except for those proposed rules exempted by s. 1171
120.81(1)(e) and (2), and its accompanying material, and each 1172
emergency rule, and may examine any existing rule, for the 1173
purpose of determining whether: 1174
(a) The rule is an invalid exercise of delegated 1175
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legislative authority. 1176
(b) The statutory authority for the rule has been 1177
repealed. 1178
(c) The rule reiterates or paraphrases statutory material. 1179
(d) The rule is in proper form. 1180
(e) The notice given before prior to its adoption was 1181
sufficient to give adequate notice of the purpose and effect of 1182
the rule. 1183
(f) The rule is consistent with expressed legislative 1184
intent pertaining to the specific provisions of law which the 1185
rule implements. 1186
(g) The rule is necessary t o accomplish the apparent or 1187
expressed objectives of the specific provision of law which the 1188
rule implements. 1189
(h) The rule is a reasonable implementation of the law as 1190
it affects the convenience of the general public or persons 1191
particularly affected by t he rule. 1192
(i) The rule could be made less complex or more easily 1193
comprehensible to the general public. 1194
(j) The rule's statement of estimated regulatory costs 1195
complies with the requirements of s. 120.541 and whether the 1196
rule does not impose regulatory co sts on the regulated person, 1197
county, or city which could be reduced by the adoption of less 1198
costly alternatives that substantially accomplish the statutory 1199
objectives. 1200
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(k) The rule will require additional appropriations. 1201
(l) If the rule is an emergency rule, there exists an 1202
emergency justifying the adoption of such rule, the agency is 1203
within its statutory authority, and the rule was adopted in 1204
compliance with the requirements and limitations of s. 1205
120.54(4). 1206
Section 6. Paragraphs (a), (b), and (c) o f subsection (1) 1207
of section 120.55, Florida Statutes, are amended to read: 1208
120.55 Publication. — 1209
(1) The Department of State shall: 1210
(a)1. Through a continuous revision and publication 1211
system, compile and publish electronically, on a website managed 1212
by the department, the "Florida Administrative Code." The 1213
Florida Administrative Code must shall contain all rules adopted 1214
by each agency, citing the grant of rulemaking authority and the 1215
specific law implemented pursuant to which each rule was 1216
adopted, all history notes as authorized in s. 120.545(7), 1217
complete indexes to all rules contained in the code, and any 1218
other material required or authorized by law or deemed useful by 1219
the department. The electronic code must shall display each rule 1220
chapter currently in effect in browse mode and allow full text 1221
search of the code and each rule chapter. The department may 1222
contract with a publishing firm for a printed publication; 1223
however, the department shall retain responsibility for the code 1224
as provided in this section . The electronic publication is shall 1225
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be the official compilation of the administrative rules of this 1226
state. The Florida Administrative Register must be published 1227
once each business day by 8 a.m., with the exception of state 1228
holidays or emergency closures of state agencies. If a rule, 1229
proposed rule, or notice of rule development is corrected and 1230
replaced, the corrected rule or notice must be published in the 1231
next available Florida Administrative Register with a notation 1232
indicating that the rule, proposed ru le, or notice has been 1233
corrected by the Department of State. Any timeframes for 1234
rulemaking set forth in this chapter must revert to the initial 1235
date of publication. 1236
1237
The Department of State retains shall retain the copyright over 1238
the Florida Administrative Code. 1239
2. Not publish rules in the Florida Administrative Code 1240
which are general in form but applicable to only one school 1241
district, community college district, or county, or a part 1242
thereof, or state universi ty rules relating to internal 1243
personnel or business and finance shall not be published in the 1244
Florida Administrative Code . Exclusion from publication in the 1245
Florida Administrative Code does shall not affect the validity 1246
or effectiveness of such rules. 1247
3. At the beginning of the section of the code dealing 1248
with an agency that files copies of its rules with the 1249
department, the department shall publish the address and 1250
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telephone number of the executive offices of each agency, the 1251
manner by which the agency in dexes its rules, a listing of all 1252
rules of that agency excluded from publication in the code, and 1253
a statement as to where those rules may be inspected. 1254
3.4. Not publish forms shall not be published in the 1255
Florida Administrative Code; but any form which a n agency uses 1256
in its dealings with the public, along with any accompanying 1257
instructions, shall be filed with the committee before it is 1258
used. Any form or instruction which meets the definition of 1259
"rule" provided in s. 120.52 must shall be incorporated by 1260
reference into the appropriate rule. The reference must shall 1261
specifically state that the form is being incorporated by 1262
reference and must shall include the number, title, and 1263
effective date of the form and an explanation of how the form 1264
may be obtained. Each form created by an agency which is 1265
incorporated by reference in a rule notice of which is given 1266
under s. 120.54(3)(a) after December 31, 2007, must clearly 1267
display the number, title, and effective date of the form and 1268
the number of the rule in which the form is incorporated. 1269
4.5. Require all materials incorporated by reference in 1270
any part of an adopted rule and in any part of a repromulgated 1271
rule The department shall allow adopted rules and material 1272
incorporated by reference to be filed in the manner prescribed 1273
by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by 1274
department rule. When a proposed rule is filed for adoption or 1275
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repromulgation with incorporated material in electronic form, 1276
the department's publication of the Florida Administrative Code 1277
on its website must contain a hyperlink from the incorporating 1278
reference in the rule directly to that material. The department 1279
may not allow hyperlinks from rules in the Florida 1280
Administrative Code to any material other than that filed with 1281
and maintained by the department, but may allow hyperlinks to 1282
incorporated material maintained by the department from the 1283
adopting agency's website or other sites. 1284
5. Include the date of any technical changes to a rule in 1285
the history note of the rule in the Florid a Administrative Code. 1286
A technical change does not affect the effective date of the 1287
rule. 1288
1289
At the beginning of the section of the code dealing with an 1290
agency that files copies of its rules with the department, the 1291
agency shall publish the address and telep hone number of the 1292
executive offices of each agency, the manner by which the agency 1293
indexes its rules, a listing of all rules of that agency 1294
excluded from publication in the code, and a statement as to 1295
where those rules may be inspected. 1296
(b) Electronically publish on a website managed by the 1297
department a continuous revision and publication entitled the 1298
"Florida Administrative Register," which shall serve as the 1299
official publication and must contain: 1300
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1. All notices required by s. 120.54(2) and (3)(a), 1301
showing the text of all rules proposed for consideration. 1302
2. All notices of public meetings, hearings, and workshops 1303
conducted in accordance with s. 120.525, including a statement 1304
of the manner in which a copy of the agenda may be obtained. 1305
3. A notice of each request for authorization to amend or 1306
repeal an existing uniform rule or for the adoption of new 1307
uniform rules. 1308
4. Notice of petitions for declaratory statements or 1309
administrative determinations. 1310
5. A summary of each objection to any rule filed by the 1311
Administrative Procedures Committee. 1312
6. A list of rules filed for adoption in the previous 7 1313
days. 1314
7. A list of all rules filed for adoption pending 1315
legislative ratification under s. 120.541(3). A rule shall be 1316
removed from the list once notice of ratification or withdrawal 1317
of the rule is received. 1318
8. The full text of each emergency rule in effect on the 1319
date of publication. 1320
9.8. Any other material required or authorized by law or 1321
deemed useful by the department. 1322
1323
The department may contract with a publishing firm for a printed 1324
publication of the Florida Administrative Register and make 1325
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copies available on an annual subscription basis. 1326
(c) Prescribe by rule the style and form required for 1327
rules, notices, and other materials submitted for fil ing, 1328
including a rule requiring documents created by an agency which 1329
are proposed to be incorporated by reference in notices 1330
published pursuant to s. 120.54(3)(a) and (d) to be coded in the 1331
same manner as notices published pursuant to s. 120.54(3)(a)1 . 1332
Section 7. Paragraph (a) of subsection (2) of section 1333
120.56, Florida Statutes, is amended to read: 1334
120.56 Challenges to rules. — 1335
(2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS. — 1336
(a) A petition alleging the invalidity of a proposed rule 1337
shall be filed within 21 days after the date of publication of 1338
the notice required by s. 120.54(3)(a); within 10 days after the 1339
final public hearing is held on the proposed rule as provided by 1340
s. 120.54(3)(e)2.; within 20 days after the statement of 1341
estimated regulatory costs or revised statement of estimated 1342
regulatory costs, if applicable, has been prepared and made 1343
available as provided in s. 120.541(1)(c) s. 120.541(1)(d); or 1344
within 20 days after the date of publication of the notice 1345
required by s. 120.54(3)(d). The petitioner has the burden to 1346
prove by a preponderance of the evidence that the petitioner 1347
would be substantially affected by the proposed rule. The agency 1348
then has the burden to prove by a preponderance of the evidence 1349
that the proposed rule is not an invalid exercise of delegated 1350
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legislative authority as to the objections raised. A person who 1351
is not substantially affected by the proposed rule as initially 1352
noticed, but who is substantially affected by the rule as a 1353
result of a change, may challenge any provision of the resulting 1354
proposed rule. 1355
Section 8. Subsection (1) and paragraph (a) of subsection 1356
(2) of section 120.74, Florida Statutes, are amended to read: 1357
120.74 Agency annual rulemaking and regulatory plans; 1358
reports.— 1359
(1) REGULATORY PLAN. —By October 1 of each year, each 1360
agency shall prepare a regulatory plan. 1361
(a) The plan must include a listing of each law enacted or 1362
amended during the previous 12 months which creates or modifies 1363
the duties or authority of the agency. If the Governor or t he 1364
Attorney General provides a letter to the committee stating that 1365
a law affects all or most agencies, the agency may exclude the 1366
law from its plan. For each law listed by an agency under this 1367
paragraph, the plan must state: 1368
1. Whether the agency must a dopt rules to implement the 1369
law. 1370
2. If rulemaking is necessary to implement the law: 1371
a. Whether a notice of rule development has been published 1372
and, if so, the citation to such notice in the Florida 1373
Administrative Register. 1374
b. The date by which the a gency expects to publish the 1375
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notice of proposed rule under s. 120.54(3)(a). 1376
3. If rulemaking is not necessary to implement the law, a 1377
concise written explanation of the reasons why the law may be 1378
implemented without rulemaking. 1379
(b) The plan must also identify and describe each rule, 1380
including each rule number or proposed rule number, which 1381
include a listing of each law not otherwise listed pursuant to 1382
paragraph (a) which the agency expects to develop, adopt, or 1383
repeal for the 12-month period beginning o n October 1 and ending 1384
on September 30 implement by rulemaking before the following 1385
July 1, excluding emergency rules except emergency rulemaking . 1386
For each rule law listed under this paragraph, the plan must 1387
state whether the rulemaking is intended to simplify, clarify, 1388
increase efficiency, improve coordination with other agencies, 1389
reduce regulatory costs, or delete obsolete, unnecessary, or 1390
redundant rules. 1391
(c) The plan must include any desired update to the prior 1392
year's regulatory plan or supplement published pursuant to 1393
subsection (7). If, in a prior year, a law was identified under 1394
this paragraph or under subparagraph (a)1. as a law requiring 1395
rulemaking to implement but a notice of proposed rule has not 1396
been published: 1397
1. The agency must shall identify and again list such law, 1398
noting the applicable notice of rule development by citation to 1399
the Florida Administrative Register; or 1400
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2. If the agency has subsequen tly determined that 1401
rulemaking is not necessary to implement the law, the agency 1402
must shall identify such law, reference the citation to the 1403
applicable notice of rule development in the Florida 1404
Administrative Register, and provide a concise written 1405
explanation of the reason why the law may be implemented without 1406
rulemaking. 1407
(d) The plan must provide a list of all rules that have 1408
been repromulgated pursuant to s. 120.5435 over the previous 12 1409
months and identify any rules that are required to be 1410
repromulgated for the 12-month period beginning on October 1 and 1411
ending on September 30. 1412
(e)(d) The plan must include a certification executed on 1413
behalf of the agency by both the agency head, or, if the agency 1414
head is a collegial body, the presiding officer; and t he 1415
individual acting as principal legal advisor to the agency head. 1416
The certification must declare: 1417
1. Verify That the persons executing the certification 1418
have reviewed the plan. 1419
2. Verify That the agency regularly reviews all of its 1420
rules and identify the period during which all rules have most 1421
recently been reviewed to determine if the rules remain 1422
consistent with the agency's rulemaking authority and the laws 1423
implemented. 1424
3. That the agency understands that regulatory 1425
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accountability is necessary to ensure public confidence in the 1426
integrity of state government and, to that end, the agency is 1427
diligently working toward lowering the total number of rules 1428
adopted. 1429
4. The total number of rules adopted and repealed during 1430
the previous 12 months. 1431
(f) Beginning October 1, 2025, each agency issuing 1432
licenses, as defined in s. 120.52, in accordance with s. 120.60 1433
shall track the agency's compliance with the licensing 1434
timeframes established in s. 120.60, and beginning October 1, 1435
2026, must include in the re gulatory plan required by subsection 1436
(1) all of the following information regarding its licensing 1437
activities in the prior fiscal year, categorized by type of 1438
license: 1439
1. The number of license applications submitted to the 1440
agency. 1441
2. The number of licen se applications that required one or 1442
more requests for additional information. 1443
3. The number of license applications for which the 1444
applicant was nonresponsive to one or more requests for 1445
additional information. 1446
4. The number of license applications tha t were not 1447
completed by the applicant. 1448
5. The number of license applications for which the agency 1449
requested that the applicant grant an extension of time for the 1450
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agency to issue a request for additional information, determine 1451
that an application is compl ete, or issue a decision to approve 1452
or deny an application. 1453
6. The number of license applications for which an 1454
extension was requested by the applicant and for which an 1455
extension was required by the state agency or judicial branch. 1456
7. The number of lic ense applications that were not 1457
approved or denied within the statutory timeframe. 1458
8. The average and median number of days it takes the 1459
agency to approve or deny an application after receipt of a 1460
completed application. 1461
9. The number of license applica tions for which final 1462
agency action was appealed and the number of informal and formal 1463
hearings requested. 1464
(2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1465
(a) By October 1 of each year, each agency shall: 1466
1. Publish its regulatory plan on its website or on 1467
another state website established for publication of 1468
administrative law records. A clearly labeled hyperlink to the 1469
current plan must be included on the agency's primary website 1470
homepage. 1471
2. Electronically deliver to the committee a copy of the 1472
certification required in paragraph (1)(e) (1)(d). 1473
3. Publish in the Florida Administrative Register a notice 1474
identifying the date of publication of the agency's regulatory 1475
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plan. The notice must include a hyperlink or website address 1476
providing direct acces s to the published plan. 1477
Section 9. Subsections (11) and (20) of section 120.80, 1478
Florida Statutes, are amended to read: 1479
120.80 Exceptions and special requirements; agencies. — 1480
(11) NATIONAL GUARD. —Notwithstanding s. 120.52(17) s. 1481
120.52(16), the enlistment, organization, administration, 1482
equipment, maintenance, training, and discipline of the militia, 1483
National Guard, organized militia, and unorganized militia, as 1484
provided by s. 2, Art. X of the State Constitution, are not 1485
rules as defined by this chap ter. 1486
(20) FLORIDA STATE GUARD. —Notwithstanding s. 120.52(17) s. 1487
120.52(16), the enlistment, organization, administration, 1488
equipment, maintenance, training, and discipline of the Florida 1489
State Guard are not rules as defined by this chapter. 1490
Section 10. Paragraphs (c) and (e) of subsection (1) of 1491
section 120.81, Florida Statutes, are amended to read: 1492
120.81 Exceptions and special requirements; general 1493
areas.— 1494
(1) EDUCATIONAL UNITS. — 1495
(c) Notwithstanding s. 120.52(17) s. 120.52(16), any 1496
tests, test scoring criteria, or testing procedures relating to 1497
student assessment which are developed or administered by the 1498
Department of Education pursuant to s. 1003.4282, s. 1008.22, or 1499
s. 1008.25, or any other statewide educational tests required by 1500
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law, are not rules. 1501
(e) Educational units, other than the Florida School for 1502
the Deaf and the Blind, shall not be required to make filings 1503
with the committee of the documents required to be filed by s. 1504
120.54 or s. 120.55(1)(a)3 s. 120.55(1)(a)4. 1505
Section 11. Paragraph (a) of subsection (1) of section 1506
420.9072, Florida Statutes, is amended to read: 1507
420.9072 State Housing Initiatives Partnership Program. —1508
The State Housing Initiatives Partnership Program is created for 1509
the purpose of providing funds to counties an d eligible 1510
municipalities as an incentive for the creation of local housing 1511
partnerships, to expand production of and preserve affordable 1512
housing, to further the housing element of the local government 1513
comprehensive plan specific to affordable housing, and to 1514
increase housing-related employment. 1515
(1)(a) In addition to the legislative findings set forth 1516
in s. 420.6015, the Legislature finds that affordable housing is 1517
most effectively provided by combining available public and 1518
private resources to conserve a nd improve existing housing and 1519
provide new housing for very -low-income households, low -income 1520
households, and moderate -income households. The Legislature 1521
intends to encourage partnerships in order to secure the 1522
benefits of cooperation by the public and pr ivate sectors and to 1523
reduce the cost of housing for the target group by effectively 1524
combining all available resources and cost -saving measures. The 1525
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Legislature further intends that local governments achieve this 1526
combination of resources by encouraging acti ve partnerships 1527
between government, lenders, builders and developers, real 1528
estate professionals, advocates for low -income persons, and 1529
community groups to produce affordable housing and provide 1530
related services. Extending the partnership concept to encompa ss 1531
cooperative efforts among small counties as defined in s. 120.52 1532
s. 120.52(19), and among counties and municipalities is 1533
specifically encouraged. Local governments are also intended to 1534
establish an affordable housing advisory committee to recommend 1535
monetary and nonmonetary incentives for affordable housing as 1536
provided in s. 420.9076. 1537
Section 12. Subsection (7) of section 420.9075, Florida 1538
Statutes, is amended to read: 1539
420.9075 Local housing assistance plans; partnerships. — 1540
(7) The moneys deposited in the local housing assistance 1541
trust fund shall be used to administer and implement the local 1542
housing assistance plan. The cost of administering the plan may 1543
not exceed 5 percent of the local housing distribution moneys 1544
and program income deposited into the trust fund. A county or an 1545
eligible municipality may not exceed the 5 -percent limitation on 1546
administrative costs, unless its governing body finds, by 1547
resolution, that 5 percent of the local housing distribution 1548
plus 5 percent of program income is insufficient to adequately 1549
pay the necessary costs of administering the local housing 1550
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assistance plan. The cost of administering the program may not 1551
exceed 10 percent of the local housing distribution plus 5 1552
percent of program income de posited into the trust fund, except 1553
that small counties, as defined in s. 120.52 s. 120.52(19), and 1554
eligible municipalities receiving a local housing distribution 1555
of up to $350,000 may use up to 10 percent of program income for 1556
administrative costs. 1557
Section 13. Paragraph (d) of subsection (1) of section 1558
443.091, Florida Statutes, is amended to read: 1559
443.091 Benefit eligibility conditions. — 1560
(1) An unemployed individual is eligible to receive 1561
benefits for any week only if the Department of Commerce finds 1562
that: 1563
(d) She or he is able to work and is available for work. 1564
In order to assess eligibility for a claimed week of 1565
unemployment, the department shall develop criteria to determine 1566
a claimant's ability to work and availability for work. A 1567
claimant must be actively seeking work in order to be considered 1568
available for work. This means engaging in systematic and 1569
sustained efforts to find work, including contacting at least 1570
five prospective employers for each week of unemployment 1571
claimed. The departmen t may require the claimant to provide 1572
proof of such efforts to the one -stop career center as part of 1573
reemployment services. A claimant's proof of work search efforts 1574
may not include the same prospective employer at the same 1575
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location in 3 consecutive weeks, unless the employer has 1576
indicated since the time of the initial contact that the 1577
employer is hiring. The department shall conduct random reviews 1578
of work search information provided by claimants. As an 1579
alternative to contacting at least five prospective em ployers 1580
for any week of unemployment claimed, a claimant may, for that 1581
same week, report in person to a one -stop career center to meet 1582
with a representative of the center and access reemployment 1583
services of the center. The center shall keep a record of the 1584
services or information provided to the claimant and shall 1585
provide the records to the department upon request by the 1586
department. However: 1587
1. Notwithstanding any other provision of this paragraph 1588
or paragraphs (b) and (e), an otherwise eligible individua l may 1589
not be denied benefits for any week because she or he is in 1590
training with the approval of the department, or by reason of s. 1591
443.101(2) relating to failure to apply for, or refusal to 1592
accept, suitable work. Training may be approved by the 1593
department in accordance with criteria prescribed by rule. A 1594
claimant's eligibility during approved training is contingent 1595
upon satisfying eligibility conditions prescribed by rule. 1596
2. Notwithstanding any other provision of this chapter, an 1597
otherwise eligible indiv idual who is in training approved under 1598
s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 1599
determined ineligible or disqualified for benefits due to 1600
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enrollment in such training or because of leaving work that is 1601
not suitable employment to enter such training. As used in this 1602
subparagraph, the term "suitable employment" means work of a 1603
substantially equal or higher skill level than the worker's past 1604
adversely affected employment, as defined for purposes of the 1605
Trade Act of 1974, as amended, the wa ges for which are at least 1606
80 percent of the worker's average weekly wage as determined for 1607
purposes of the Trade Act of 1974, as amended. 1608
3. Notwithstanding any other provision of this section, an 1609
otherwise eligible individual may not be denied benefits for any 1610
week because she or he is before any state or federal court 1611
pursuant to a lawfully issued summons to appear for jury duty. 1612
4. Union members who customarily obtain employment through 1613
a union hiring hall may satisfy the work search requirements of 1614
this paragraph by reporting daily to their union hall. 1615
5. The work search requirements of this paragraph do not 1616
apply to persons who are unemployed as a result of a temporary 1617
layoff or who are claiming benefits under an approved short -time 1618
compensation plan as provided in s. 443.1116. 1619
6. In small counties as defined in s. 120.52 s. 1620
120.52(19), a claimant engaging in systematic and sustained 1621
efforts to find work must contact at least three prospective 1622
employers for each week of unemployment claimed. 1623
7. The work search requirements of this paragraph do not 1624
apply to persons required to participate in reemployment 1625
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services under paragraph (e). 1626
Section 14. This act shall take effect July 1, 2025. 1627