Bill Text: FL S1410 | 2018 | Regular Session | Introduced
Bill Title: Administrative Procedures
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Governmental Oversight and Accountability [S1410 Detail]
Download: Florida-2018-S1410-Introduced.html
Florida Senate - 2018 SB 1410
By Senator Rader
29-01116-18 20181410__
1 A bill to be entitled
2 An act relating to administrative procedures; amending
3 s. 120.52, F.S.; revising and providing definitions;
4 amending s. 120.536, F.S.; removing the authority of
5 the Administrative Procedures Committee to petition an
6 agency regarding a rule or a portion thereof exceeding
7 the agency’s rulemaking authority; amending s. 120.54,
8 F.S.; applying certain provisions applicable to all
9 rules other than emergency rules to repromulgated
10 rules; requiring that a proposed rule and material
11 proposed to be incorporated by reference be available
12 to the public; requiring that material proposed to be
13 incorporated by reference be made available in a
14 specified manner; requiring an agency to provide
15 notice of any offered regulatory alternative to the
16 committee by a certain date; requiring an agency to
17 file a copy of a petition to initiate rulemaking with
18 the committee; amending s. 120.541, F.S.; requiring an
19 agency to provide a copy of any proposal for a lower
20 cost regulatory alternative to the committee by a
21 certain date; creating s. 120.5435, F.S.; providing
22 legislative intent; requiring agency review of rules
23 and the repromulgation of rules that do not require
24 substantive changes; requiring an agency to publish a
25 notice of repromulgation in the Florida Administrative
26 Register and file a rule for repromulgation with the
27 Department of State within a specified time period;
28 requiring an agency to file a notice of repromulgation
29 with the committee within a specified time period;
30 requiring the committee to certify as to whether an
31 agency has responded to the committee’s comments and
32 inquiries; requiring withdrawal of a rule proposed for
33 repromulgation if the rule is not filed within a
34 specified time period; providing that a repromulgated
35 rule is not subject to challenge as a proposed rule
36 and that certain hearing requirements do not apply;
37 requiring an agency to file a specified number of
38 certified copies of a proposed repromulgated rule and
39 any material incorporated by reference if a certain
40 condition is met; providing that a repromulgated rule
41 is adopted upon filing with the department and becomes
42 effective after a specified time period; requiring the
43 department to update certain information in the
44 Florida Administrative Code; requiring the department
45 to adopt rules by a certain date; amending s. 120.55,
46 F.S.; providing that the department shall require
47 material incorporated by reference in a rule to be
48 filed in a certain manner after a specified date;
49 requiring the department to include the date of a
50 technical rule change in the Florida Administrative
51 Code; providing that a technical change does not
52 affect the effective date of a rule; requiring the
53 department to adopt specified rules; amending s.
54 120.569, F.S.; requiring that certain documents filed
55 with the Division of Administrative Hearings be filed
56 electronically; relieving certain parties to an
57 administrative proceeding from a requirement to serve
58 documents to other parties registered for electronic
59 filing; amending ss. 120.80, 120.81, 420.9072,
60 420.9075, and 443.091, F.S.; conforming cross
61 references; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Present subsections (16) through (22) of section
66 120.52, Florida Statutes, are renumbered as subsections (17)
67 through (23), respectively, subsection (5) of that section is
68 amended, and a new subsection (16) is added to that section, to
69 read:
70 120.52 Definitions.—As used in this act:
71 (5) “Division” means the Division of Administrative
72 Hearings. Any document filed with the division by a party
73 represented by an attorney shall be filed by electronic means
74 through the division’s website. Any document filed with the
75 division by a party not represented by an attorney shall,
76 whenever possible, be filed by electronic means through the
77 division’s website.
78 (16) “Repromulgate” or “repromulgation” means the
79 publication and adoption of an existing rule following an
80 agency’s review of the rule for consistency with the powers and
81 duties granted by its enabling statutes.
82 Section 2. Subsection (3) of section 120.536, Florida
83 Statutes, is amended to read:
84 120.536 Rulemaking authority; repeal; challenge.—
85 (3) The Administrative Procedures Committee or Any
86 substantially affected person may petition an agency to repeal
87 any rule, or portion thereof, because it exceeds the rulemaking
88 authority permitted by this section. Not later than 30 days
89 after the date of filing the petition if the agency is headed by
90 an individual, or not later than 45 days if the agency is headed
91 by a collegial body, the agency shall initiate rulemaking
92 proceedings to repeal the rule, or portion thereof, or deny the
93 petition, giving a written statement of its reasons for the
94 denial.
95 Section 3. Paragraph (i) of subsection (1), subsection (3),
96 and paragraph (a) of subsection (7) of section 120.54, Florida
97 Statutes, are amended to read:
98 120.54 Rulemaking.—
99 (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
100 EMERGENCY RULES.—
101 (i)1. A rule may incorporate material by reference but only
102 as the material exists on the date the rule is adopted. For
103 purposes of the rule, changes in the material are not effective
104 unless the rule is amended to incorporate the changes.
105 2. An agency rule that incorporates by specific reference
106 another rule of that agency automatically incorporates
107 subsequent amendments to the referenced rule unless a contrary
108 intent is clearly indicated in the referencing rule. A notice of
109 amendments to a rule that has been incorporated by specific
110 reference in other rules of that agency must explain the effect
111 of those amendments on the referencing rules.
112 3. In rules adopted after December 31, 2010, and rules
113 repromulgated after December 31, 2018, material may not be
114 incorporated by reference unless:
115 a. The material has been submitted in the prescribed
116 electronic format to the Department of State and the full text
117 of the material can be made available for free public access
118 through an electronic hyperlink from the rule making the
119 reference in the Florida Administrative Code; or
120 b. The agency has determined that posting the material on
121 the Internet for purposes of public examination and inspection
122 would constitute a violation of federal copyright law, in which
123 case a statement to that effect, along with the address of
124 locations at the Department of State and the agency at which the
125 material is available for public inspection and examination,
126 must be included in the notice required by subparagraph (3)(a)1.
127 4. A rule may not be amended by reference only. Amendments
128 must set out the amended rule in full in the same manner as
129 required by the State Constitution for laws.
130 5. Notwithstanding any contrary provision in this section,
131 when an adopted rule of the Department of Environmental
132 Protection or a water management district is incorporated by
133 reference in the other agency’s rule to implement a provision of
134 part IV of chapter 373, subsequent amendments to the rule are
135 not effective as to the incorporating rule unless the agency
136 incorporating by reference notifies the committee and the
137 Department of State of its intent to adopt the subsequent
138 amendment, publishes notice of such intent in the Florida
139 Administrative Register, and files with the Department of State
140 a copy of the amended rule incorporated by reference. Changes in
141 the rule incorporated by reference are effective as to the other
142 agency 20 days after the date of the published notice and filing
143 with the Department of State. The Department of State shall
144 amend the history note of the incorporating rule to show the
145 effective date of such change. Any substantially affected person
146 may, within 14 days after the date of publication of the notice
147 of intent in the Florida Administrative Register, file an
148 objection to rulemaking with the agency. The objection shall
149 specify the portions of the rule incorporated by reference to
150 which the person objects and the reasons for the objection. The
151 agency shall not have the authority under this subparagraph to
152 adopt those portions of the rule specified in such objection.
153 The agency shall publish notice of the objection and of its
154 action in response in the next available issue of the Florida
155 Administrative Register.
156 6. The Department of State may adopt by rule requirements
157 for incorporating materials pursuant to this paragraph.
158 (3) ADOPTION PROCEDURES.—
159 (a) Notices.—
160 1. Prior to the adoption, amendment, or repeal of any rule
161 other than an emergency rule, an agency, upon approval of the
162 agency head, shall give notice of its intended action, setting
163 forth a short, plain explanation of the purpose and effect of
164 the proposed action; the full text of the proposed rule or
165 amendment and a summary thereof; a reference to the grant of
166 rulemaking authority pursuant to which the rule is adopted; and
167 a reference to the section or subsection of the Florida Statutes
168 or the Laws of Florida being implemented or interpreted. The
169 notice must include a summary of the agency’s statement of the
170 estimated regulatory costs, if one has been prepared, based on
171 the factors set forth in s. 120.541(2); a statement that any
172 person who wishes to provide the agency with information
173 regarding the statement of estimated regulatory costs, or to
174 provide a proposal for a lower cost regulatory alternative as
175 provided by s. 120.541(1), must do so in writing within 21 days
176 after publication of the notice; and a statement as to whether,
177 based on the statement of the estimated regulatory costs or
178 other information expressly relied upon and described by the
179 agency if no statement of regulatory costs is required, the
180 proposed rule is expected to require legislative ratification
181 pursuant to s. 120.541(3). The notice must state the procedure
182 for requesting a public hearing on the proposed rule. Except
183 when the intended action is the repeal of a rule, the notice
184 must include a reference both to the date on which and to the
185 place where the notice of rule development that is required by
186 subsection (2) appeared.
187 2. The notice shall be published in the Florida
188 Administrative Register not less than 28 days prior to the
189 intended action. The proposed rule, including all material
190 proposed to be incorporated by reference, shall be available for
191 inspection and copying by the public at the time of the
192 publication of notice. After December 31, 2018, material
193 proposed to be incorporated by reference in the notice required
194 by this paragraph shall be made available in the manner
195 prescribed by sub-subparagraph (1)(i)3.a. or (1)(i)3.b.
196 3. The notice shall be mailed to all persons named in the
197 proposed rule and to all persons who, at least 14 days prior to
198 such mailing, have made requests of the agency for advance
199 notice of its proceedings. The agency shall also give such
200 notice as is prescribed by rule to those particular classes of
201 persons to whom the intended action is directed.
202 4. The adopting agency shall file with the committee, at
203 least 21 days prior to the proposed adoption date, a copy of
204 each rule it proposes to adopt; a copy of any material
205 incorporated by reference in the rule; a detailed written
206 statement of the facts and circumstances justifying the proposed
207 rule; a copy of any statement of estimated regulatory costs that
208 has been prepared pursuant to s. 120.541; a statement of the
209 extent to which the proposed rule relates to federal standards
210 or rules on the same subject; and the notice required by
211 subparagraph 1.
212 (b) Special matters to be considered in rule adoption.—
213 1. Statement of estimated regulatory costs.—Before the
214 adoption, amendment, or repeal of any rule other than an
215 emergency rule, an agency is encouraged to prepare a statement
216 of estimated regulatory costs of the proposed rule, as provided
217 by s. 120.541. However, an agency must prepare a statement of
218 estimated regulatory costs of the proposed rule, as provided by
219 s. 120.541, if:
220 a. The proposed rule will have an adverse impact on small
221 business; or
222 b. The proposed rule is likely to directly or indirectly
223 increase regulatory costs in excess of $200,000 in the aggregate
224 in this state within 1 year after the implementation of the
225 rule.
226 2. Small businesses, small counties, and small cities.—
227 a. Each agency, before the adoption, amendment, or repeal
228 of a rule, shall consider the impact of the rule on small
229 businesses as defined by s. 288.703 and the impact of the rule
230 on small counties or small cities as defined by s. 120.52.
231 Whenever practicable, an agency shall tier its rules to reduce
232 disproportionate impacts on small businesses, small counties, or
233 small cities to avoid regulating small businesses, small
234 counties, or small cities that do not contribute significantly
235 to the problem the rule is designed to address. An agency may
236 define “small business” to include businesses employing more
237 than 200 persons, may define “small county” to include those
238 with populations of more than 75,000, and may define “small
239 city” to include those with populations of more than 10,000, if
240 it finds that such a definition is necessary to adapt a rule to
241 the needs and problems of small businesses, small counties, or
242 small cities. The agency shall consider each of the following
243 methods for reducing the impact of the proposed rule on small
244 businesses, small counties, and small cities, or any combination
245 of these entities:
246 (I) Establishing less stringent compliance or reporting
247 requirements in the rule.
248 (II) Establishing less stringent schedules or deadlines in
249 the rule for compliance or reporting requirements.
250 (III) Consolidating or simplifying the rule’s compliance or
251 reporting requirements.
252 (IV) Establishing performance standards or best management
253 practices to replace design or operational standards in the
254 rule.
255 (V) Exempting small businesses, small counties, or small
256 cities from any or all requirements of the rule.
257 b.(I) If the agency determines that the proposed action
258 will affect small businesses as defined by the agency as
259 provided in sub-subparagraph a., the agency shall send written
260 notice of the rule to the rules ombudsman in the Executive
261 Office of the Governor at least 28 days before the intended
262 action.
263 (II) Each agency shall adopt those regulatory alternatives
264 offered by the rules ombudsman in the Executive Office of the
265 Governor and provided to the agency no later than 21 days after
266 the rules ombudsman’s receipt of the written notice of the rule
267 which it finds are feasible and consistent with the stated
268 objectives of the proposed rule and which would reduce the
269 impact on small businesses. When regulatory alternatives are
270 offered by the rules ombudsman in the Executive Office of the
271 Governor, the 90-day period for filing the rule in subparagraph
272 (e)2. is extended for a period of 21 days. The agency shall
273 provide notice to the committee of any regulatory alternative
274 offered to the agency pursuant to this sub-subparagraph at least
275 21 days before filing the rule for adoption.
276 (III) If an agency does not adopt all alternatives offered
277 pursuant to this sub-subparagraph, it shall, before rule
278 adoption or amendment and pursuant to subparagraph (d)1., file a
279 detailed written statement with the committee explaining the
280 reasons for failure to adopt such alternatives. Within 3 working
281 days after the filing of such notice, the agency shall send a
282 copy of such notice to the rules ombudsman in the Executive
283 Office of the Governor.
284 (c) Hearings.—
285 1. If the intended action concerns any rule other than one
286 relating exclusively to procedure or practice, the agency shall,
287 on the request of any affected person received within 21 days
288 after the date of publication of the notice of intended agency
289 action, give affected persons an opportunity to present evidence
290 and argument on all issues under consideration. The agency may
291 schedule a public hearing on the rule and, if requested by any
292 affected person, shall schedule a public hearing on the rule.
293 When a public hearing is held, the agency must ensure that staff
294 are available to explain the agency’s proposal and to respond to
295 questions or comments regarding the rule. If the agency head is
296 a board or other collegial body created under s. 20.165(4) or s.
297 20.43(3)(g), and one or more requested public hearings is
298 scheduled, the board or other collegial body shall conduct at
299 least one of the public hearings itself and may not delegate
300 this responsibility without the consent of those persons
301 requesting the public hearing. Any material pertinent to the
302 issues under consideration submitted to the agency within 21
303 days after the date of publication of the notice or submitted to
304 the agency between the date of publication of the notice and the
305 end of the final public hearing shall be considered by the
306 agency and made a part of the record of the rulemaking
307 proceeding.
308 2. Rulemaking proceedings shall be governed solely by the
309 provisions of this section unless a person timely asserts that
310 the person’s substantial interests will be affected in the
311 proceeding and affirmatively demonstrates to the agency that the
312 proceeding does not provide adequate opportunity to protect
313 those interests. If the agency determines that the rulemaking
314 proceeding is not adequate to protect the person’s interests, it
315 shall suspend the rulemaking proceeding and convene a separate
316 proceeding under the provisions of ss. 120.569 and 120.57.
317 Similarly situated persons may be requested to join and
318 participate in the separate proceeding. Upon conclusion of the
319 separate proceeding, the rulemaking proceeding shall be resumed.
320 (d) Modification or withdrawal of proposed rules.—
321 1. After the final public hearing on the proposed rule, or
322 after the time for requesting a hearing has expired, if the rule
323 has not been changed from the rule as previously filed with the
324 committee, or contains only technical changes, the adopting
325 agency shall file a notice to that effect with the committee at
326 least 7 days prior to filing the rule for adoption. Any change,
327 other than a technical change that does not affect the substance
328 of the rule, must be supported by the record of public hearings
329 held on the rule, must be in response to written material
330 submitted to the agency within 21 days after the date of
331 publication of the notice of intended agency action or submitted
332 to the agency between the date of publication of the notice and
333 the end of the final public hearing, or must be in response to a
334 proposed objection by the committee. In addition, when any
335 change is made in the a proposed rule text or any material
336 incorporated by reference, other than a technical change, the
337 adopting agency shall provide a copy of a notice of change by
338 certified mail or actual delivery to any person who requests it
339 in writing no later than 21 days after the notice required in
340 paragraph (a). The agency shall file the notice of change with
341 the committee, along with the reasons for the change, and
342 provide the notice of change to persons requesting it, at least
343 21 days prior to filing the rule for adoption. The notice of
344 change shall be published in the Florida Administrative Register
345 at least 21 days prior to filing the rule for adoption. This
346 subparagraph does not apply to emergency rules adopted pursuant
347 to subsection (4). After December 31, 2018, material proposed to
348 be incorporated by reference in the notice required by this
349 subparagraph shall be made available in the manner prescribed by
350 sub-subparagraph (1)(i)3.a. or (1)(i)3.b.
351 2. After the notice required by paragraph (a) and prior to
352 adoption, the agency may withdraw the rule in whole or in part.
353 3. After adoption and before the rule becomes effective, a
354 rule may be modified or withdrawn only in the following
355 circumstances:
356 a. When the committee objects to the rule;
357 b. When a final order, which is not subject to further
358 appeal, is entered in a rule challenge brought pursuant to s.
359 120.56 after the date of adoption but before the rule becomes
360 effective pursuant to subparagraph (e)6.;
361 c. If the rule requires ratification, when more than 90
362 days have passed since the rule was filed for adoption without
363 the Legislature ratifying the rule, in which case the rule may
364 be withdrawn but may not be modified; or
365 d. When the committee notifies the agency that an objection
366 to the rule is being considered, in which case the rule may be
367 modified to extend the effective date by not more than 60 days.
368 4. The agency shall give notice of its decision to withdraw
369 or modify a rule in the first available issue of the publication
370 in which the original notice of rulemaking was published, shall
371 notify those persons described in subparagraph (a)3. in
372 accordance with the requirements of that subparagraph, and shall
373 notify the Department of State if the rule is required to be
374 filed with the Department of State.
375 5. After a rule has become effective, it may be repealed or
376 amended only through the rulemaking procedures specified in this
377 chapter.
378 (e) Filing for final adoption; effective date.—
379 1. If the adopting agency is required to publish its rules
380 in the Florida Administrative Code, the agency, upon approval of
381 the agency head, shall file with the Department of State three
382 certified copies of the rule it proposes to adopt; one copy of
383 any material incorporated by reference in the rule, certified by
384 the agency; a summary of the rule; a summary of any hearings
385 held on the rule; and a detailed written statement of the facts
386 and circumstances justifying the rule. Agencies not required to
387 publish their rules in the Florida Administrative Code shall
388 file one certified copy of the proposed rule, and the other
389 material required by this subparagraph, in the office of the
390 agency head, and such rules shall be open to the public.
391 2. A rule may not be filed for adoption less than 28 days
392 or more than 90 days after the notice required by paragraph (a),
393 until 21 days after the notice of change required by paragraph
394 (d), until 14 days after the final public hearing, until 21 days
395 after a statement of estimated regulatory costs required under
396 s. 120.541 has been provided to all persons who submitted a
397 lower cost regulatory alternative and made available to the
398 public, or until the administrative law judge has rendered a
399 decision under s. 120.56(2), whichever applies. When a required
400 notice of change is published prior to the expiration of the
401 time to file the rule for adoption, the period during which a
402 rule must be filed for adoption is extended to 45 days after the
403 date of publication. If notice of a public hearing is published
404 prior to the expiration of the time to file the rule for
405 adoption, the period during which a rule must be filed for
406 adoption is extended to 45 days after adjournment of the final
407 hearing on the rule, 21 days after receipt of all material
408 authorized to be submitted at the hearing, or 21 days after
409 receipt of the transcript, if one is made, whichever is latest.
410 The term “public hearing” includes any public meeting held by
411 any agency at which the rule is considered. If a petition for an
412 administrative determination under s. 120.56(2) is filed, the
413 period during which a rule must be filed for adoption is
414 extended to 60 days after the administrative law judge files the
415 final order with the clerk or until 60 days after subsequent
416 judicial review is complete.
417 3. At the time a rule is filed, the agency shall certify
418 that the time limitations prescribed by this paragraph have been
419 complied with, that all statutory rulemaking requirements have
420 been met, and that there is no administrative determination
421 pending on the rule.
422 4. At the time a rule is filed, the committee shall certify
423 whether the agency has responded in writing to all material and
424 timely written comments or written inquiries made on behalf of
425 the committee. The department shall reject any rule that is not
426 filed within the prescribed time limits; that does not comply
427 with all statutory rulemaking requirements and rules of the
428 department; upon which an agency has not responded in writing to
429 all material and timely written inquiries or written comments;
430 upon which an administrative determination is pending; or which
431 does not include a statement of estimated regulatory costs, if
432 required.
433 5. If a rule has not been adopted within the time limits
434 imposed by this paragraph or has not been adopted in compliance
435 with all statutory rulemaking requirements, the agency proposing
436 the rule shall withdraw the rule and give notice of its action
437 in the next available issue of the Florida Administrative
438 Register.
439 6. The proposed rule shall be adopted on being filed with
440 the Department of State and become effective 20 days after being
441 filed, on a later date specified in the notice required by
442 subparagraph (a)1., on a date required by statute, or upon
443 ratification by the Legislature pursuant to s. 120.541(3). Rules
444 not required to be filed with the Department of State shall
445 become effective when adopted by the agency head, on a later
446 date specified by rule or statute, or upon ratification by the
447 Legislature pursuant to s. 120.541(3). If the committee notifies
448 an agency that an objection to a rule is being considered, the
449 agency may postpone the adoption of the rule to accommodate
450 review of the rule by the committee. When an agency postpones
451 adoption of a rule to accommodate review by the committee, the
452 90-day period for filing the rule is tolled until the committee
453 notifies the agency that it has completed its review of the
454 rule.
455
456 For the purposes of this paragraph, the term “administrative
457 determination” does not include subsequent judicial review.
458 (7) PETITION TO INITIATE RULEMAKING.—
459 (a) Any person regulated by an agency or having substantial
460 interest in an agency rule may petition an agency to adopt,
461 amend, or repeal a rule or to provide the minimum public
462 information required by this chapter. The petition shall specify
463 the proposed rule and action requested. The agency shall file a
464 copy of the petition with the committee. Not later than 30
465 calendar days following the date of filing a petition, the
466 agency shall initiate rulemaking proceedings under this chapter,
467 otherwise comply with the requested action, or deny the petition
468 with a written statement of its reasons for the denial.
469 Section 4. Paragraph (a) of subsection (1) of section
470 120.541, Florida Statutes, is amended to read:
471 120.541 Statement of estimated regulatory costs.—
472 (1)(a) Within 21 days after publication of the notice
473 required under s. 120.54(3)(a), a substantially affected person
474 may submit to an agency a good faith written proposal for a
475 lower cost regulatory alternative to a proposed rule which
476 substantially accomplishes the objectives of the law being
477 implemented. The agency shall provide a copy of any proposal for
478 a lower cost regulatory alternative to the committee at least 21
479 days before filing the rule for adoption. The proposal may
480 include the alternative of not adopting any rule if the proposal
481 explains how the lower costs and objectives of the law will be
482 achieved by not adopting any rule. If such a proposal is
483 submitted, the 90-day period for filing the rule is extended 21
484 days. Upon the submission of the lower cost regulatory
485 alternative, the agency shall prepare a statement of estimated
486 regulatory costs as provided in subsection (2), or shall revise
487 its prior statement of estimated regulatory costs, and either
488 adopt the alternative or provide a statement of the reasons for
489 rejecting the alternative in favor of the proposed rule.
490 Section 5. Section 120.5435, Florida Statutes, is created
491 to read:
492 120.5435 Repromulgation of rules.—
493 (1) It is the intent of the Legislature that each agency
494 shall periodically review its rules for consistency with the
495 powers and duties granted by its enabling statutes. If an agency
496 determines after review that substantive changes to update a
497 rule are not required, such agency shall repromulgate the rule
498 to reflect the date of the review.
499 (2) Before repromulgation of the rule, an agency shall,
500 upon approval by the agency head:
501 (a) Publish a notice of repromulgation in the Florida
502 Administrative Register. A notice of repromulgation is not
503 required to include the text of the rule being repromulgated.
504 (b) File the rule for repromulgation with the Department of
505 State. A rule may not be filed for repromulgation less than 28
506 days before or more than 90 days after the publication of the
507 notice required by paragraph (a).
508 (3) The agency shall file a notice of repromulgation with
509 the committee at least 14 days before filing the rule for
510 repromulgation. At the time the rule is filed for
511 repromulgation, the committee shall certify whether the agency
512 has responded in writing to all material and timely written
513 comments or written inquiries made on behalf of the committee.
514 (4) If the rule is not filed for repromulgation within the
515 time limit imposed by paragraph (2)(b), the agency must withdraw
516 the rule for repromulgation and give notice of the withdrawal in
517 the next available issue of the Florida Administrative Register.
518 (5) A repromulgated rule is not subject to challenge as a
519 proposed rule pursuant to s. 120.56(2).
520 (6) The hearing requirements of s. 120.54 do not apply to
521 repromulgation of a rule.
522 (7)(a) The agency, upon approval of the agency head or his
523 or her designee, shall file with the Department of State three
524 certified copies of the repromulgated rule it proposes to adopt
525 and one certified copy of any material incorporated by reference
526 in the rule.
527 (b) The repromulgated rule shall be adopted upon filing
528 with the Department of State and becomes effective 20 days after
529 being filed.
530 (c) The Department of State shall update the history note
531 of the rule in the Florida Administrative Code to reflect the
532 effective date of the repromulgated rule.
533 (8) The Department of State shall adopt rules to implement
534 this section by December 31, 2018.
535 Section 6. Paragraphs (a) and (c) of subsection (1) of
536 section 120.55, Florida Statutes, are amended to read:
537 120.55 Publication.—
538 (1) The Department of State shall:
539 (a)1. Through a continuous revision and publication system,
540 compile and publish electronically, on a website managed by the
541 department, the “Florida Administrative Code.” The Florida
542 Administrative Code shall contain all rules adopted by each
543 agency, citing the grant of rulemaking authority and the
544 specific law implemented pursuant to which each rule was
545 adopted, all history notes as authorized in s. 120.545(7),
546 complete indexes to all rules contained in the code, and any
547 other material required or authorized by law or deemed useful by
548 the department. The electronic code shall display each rule
549 chapter currently in effect in browse mode and allow full text
550 search of the code and each rule chapter. The department may
551 contract with a publishing firm for a printed publication;
552 however, the department shall retain responsibility for the code
553 as provided in this section. The electronic publication shall be
554 the official compilation of the administrative rules of this
555 state. The Department of State shall retain the copyright over
556 the Florida Administrative Code.
557 2. Rules general in form but applicable to only one school
558 district, community college district, or county, or a part
559 thereof, or state university rules relating to internal
560 personnel or business and finance shall not be published in the
561 Florida Administrative Code. Exclusion from publication in the
562 Florida Administrative Code shall not affect the validity or
563 effectiveness of such rules.
564 3. At the beginning of the section of the code dealing with
565 an agency that files copies of its rules with the department,
566 the department shall publish the address and telephone number of
567 the executive offices of each agency, the manner by which the
568 agency indexes its rules, a listing of all rules of that agency
569 excluded from publication in the code, and a statement as to
570 where those rules may be inspected.
571 4. Forms shall not be published in the Florida
572 Administrative Code; but any form which an agency uses in its
573 dealings with the public, along with any accompanying
574 instructions, shall be filed with the committee before it is
575 used. Any form or instruction which meets the definition of
576 “rule” provided in s. 120.52 shall be incorporated by reference
577 into the appropriate rule. The reference shall specifically
578 state that the form is being incorporated by reference and shall
579 include the number, title, and effective date of the form and an
580 explanation of how the form may be obtained. Each form created
581 by an agency which is incorporated by reference in a rule notice
582 of which is given under s. 120.54(3)(a) after December 31, 2007,
583 must clearly display the number, title, and effective date of
584 the form and the number of the rule in which the form is
585 incorporated.
586 5. After December 31, 2018, the department shall require
587 all material incorporated by reference in any part of an adopted
588 rule and in any part of a repromulgated rule allow adopted rules
589 and material incorporated by reference to be filed in the manner
590 prescribed by s. 120.54(1)(i)3.a. or s. 120.54(1)(i)3.b.
591 electronic form as prescribed by department rule. When a rule is
592 filed for adoption or repromulgation with incorporated material
593 in electronic form, the department’s publication of the Florida
594 Administrative Code on its website must contain a hyperlink from
595 the incorporating reference in the rule directly to that
596 material. The department may not allow hyperlinks from rules in
597 the Florida Administrative Code to any material other than that
598 filed with and maintained by the department, but may allow
599 hyperlinks to incorporated material maintained by the department
600 from the adopting agency’s website or other sites.
601 6. The Department of State shall include the date of any
602 technical changes to a rule in the history note of the rule in
603 the Florida Administrative Code. A technical change does not
604 affect the effective date of the rule.
605 (c) Prescribe by rule the style and form required for
606 rules, notices, and other materials submitted for filing,
607 including a rule requiring documents created by an agency which
608 are proposed to be incorporated by reference in notices
609 published pursuant to s. 120.54(3)(a) and (d) to be coded in the
610 same manner as notices published pursuant to s. 120.54(3)(a)1.
611 Section 7. Subsection (1) of section 120.569, Florida
612 Statutes, is amended to read:
613 120.569 Decisions which affect substantial interests.—
614 (1)(a) The provisions of this section apply in all
615 proceedings in which the substantial interests of a party are
616 determined by an agency, unless the parties are proceeding under
617 s. 120.573 or s. 120.574. Unless waived by all parties, s.
618 120.57(1) applies whenever the proceeding involves a disputed
619 issue of material fact. Unless otherwise agreed, s. 120.57(2)
620 applies in all other cases. If a disputed issue of material fact
621 arises during a proceeding under s. 120.57(2), then, unless
622 waived by all parties, the proceeding under s. 120.57(2) shall
623 be terminated and a proceeding under s. 120.57(1) shall be
624 conducted. Parties shall be notified of any order, including a
625 final order. Unless waived, a copy of the order shall be
626 delivered or mailed to each party or the party’s attorney of
627 record at the address of record. Each notice shall inform the
628 recipient of any administrative hearing or judicial review that
629 is available under this section, s. 120.57, or s. 120.68; shall
630 indicate the procedure which must be followed to obtain the
631 hearing or judicial review; and shall state the time limits
632 which apply.
633 (b) In all proceedings pursuant to this chapter conducted
634 before the division, any document filed with the division by a
635 party represented by an attorney shall be filed electronically
636 through the division’s website. Any document filed with the
637 division by a party not represented by an attorney shall,
638 whenever possible, be filed electronically through the
639 division’s website. The division shall serve all such documents
640 on all parties of record electronically through the division’s
641 website. The parties are relieved of any requirement to serve
642 other parties who are registered for electronic filing when they
643 file documents electronically with the division.
644 Section 8. Subsection (11) of section 120.80, Florida
645 Statutes, is amended to read:
646 120.80 Exceptions and special requirements; agencies.—
647 (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s.
648 120.52(16), the enlistment, organization, administration,
649 equipment, maintenance, training, and discipline of the militia,
650 National Guard, organized militia, and unorganized militia, as
651 provided by s. 2, Art. X of the State Constitution, are not
652 rules as defined by this chapter.
653 Section 9. Paragraph (c) of subsection (1) of section
654 120.81, Florida Statutes, is amended to read:
655 120.81 Exceptions and special requirements; general areas.—
656 (1) EDUCATIONAL UNITS.—
657 (c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests,
658 test scoring criteria, or testing procedures relating to student
659 assessment which are developed or administered by the Department
660 of Education pursuant to s. 1003.4282, s. 1008.22, or s.
661 1008.25, or any other statewide educational tests required by
662 law, are not rules.
663 Section 10. Paragraph (a) of subsection (1) of section
664 420.9072, Florida Statutes, is amended to read:
665 420.9072 State Housing Initiatives Partnership Program.—The
666 State Housing Initiatives Partnership Program is created for the
667 purpose of providing funds to counties and eligible
668 municipalities as an incentive for the creation of local housing
669 partnerships, to expand production of and preserve affordable
670 housing, to further the housing element of the local government
671 comprehensive plan specific to affordable housing, and to
672 increase housing-related employment.
673 (1)(a) In addition to the legislative findings set forth in
674 s. 420.6015, the Legislature finds that affordable housing is
675 most effectively provided by combining available public and
676 private resources to conserve and improve existing housing and
677 provide new housing for very-low-income households, low-income
678 households, and moderate-income households. The Legislature
679 intends to encourage partnerships in order to secure the
680 benefits of cooperation by the public and private sectors and to
681 reduce the cost of housing for the target group by effectively
682 combining all available resources and cost-saving measures. The
683 Legislature further intends that local governments achieve this
684 combination of resources by encouraging active partnerships
685 between government, lenders, builders and developers, real
686 estate professionals, advocates for low-income persons, and
687 community groups to produce affordable housing and provide
688 related services. Extending the partnership concept to encompass
689 cooperative efforts among small counties as defined in s.
690 120.52(20) s. 120.52(19), and among counties and municipalities
691 is specifically encouraged. Local governments are also intended
692 to establish an affordable housing advisory committee to
693 recommend monetary and nonmonetary incentives for affordable
694 housing as provided in s. 420.9076.
695 Section 11. Subsection (7) of section 420.9075, Florida
696 Statutes, is amended to read:
697 420.9075 Local housing assistance plans; partnerships.—
698 (7) The moneys deposited in the local housing assistance
699 trust fund shall be used to administer and implement the local
700 housing assistance plan. The cost of administering the plan may
701 not exceed 5 percent of the local housing distribution moneys
702 and program income deposited into the trust fund. A county or an
703 eligible municipality may not exceed the 5-percent limitation on
704 administrative costs, unless its governing body finds, by
705 resolution, that 5 percent of the local housing distribution
706 plus 5 percent of program income is insufficient to adequately
707 pay the necessary costs of administering the local housing
708 assistance plan. The cost of administering the program may not
709 exceed 10 percent of the local housing distribution plus 5
710 percent of program income deposited into the trust fund, except
711 that small counties, as defined in s. 120.52(20) s. 120.52(19),
712 and eligible municipalities receiving a local housing
713 distribution of up to $350,000 may use up to 10 percent of
714 program income for administrative costs.
715 Section 12. Paragraph (d) of subsection (1) of section
716 443.091, Florida Statutes, is amended to read:
717 443.091 Benefit eligibility conditions.—
718 (1) An unemployed individual is eligible to receive
719 benefits for any week only if the Department of Economic
720 Opportunity finds that:
721 (d) She or he is able to work and is available for work. In
722 order to assess eligibility for a claimed week of unemployment,
723 the department shall develop criteria to determine a claimant’s
724 ability to work and availability for work. A claimant must be
725 actively seeking work in order to be considered available for
726 work. This means engaging in systematic and sustained efforts to
727 find work, including contacting at least five prospective
728 employers for each week of unemployment claimed. The department
729 may require the claimant to provide proof of such efforts to the
730 one-stop career center as part of reemployment services. A
731 claimant’s proof of work search efforts may not include the same
732 prospective employer at the same location in 3 consecutive
733 weeks, unless the employer has indicated since the time of the
734 initial contact that the employer is hiring. The department
735 shall conduct random reviews of work search information provided
736 by claimants. As an alternative to contacting at least five
737 prospective employers for any week of unemployment claimed, a
738 claimant may, for that same week, report in person to a one-stop
739 career center to meet with a representative of the center and
740 access reemployment services of the center. The center shall
741 keep a record of the services or information provided to the
742 claimant and shall provide the records to the department upon
743 request by the department. However:
744 1. Notwithstanding any other provision of this paragraph or
745 paragraphs (b) and (e), an otherwise eligible individual may not
746 be denied benefits for any week because she or he is in training
747 with the approval of the department, or by reason of s.
748 443.101(2) relating to failure to apply for, or refusal to
749 accept, suitable work. Training may be approved by the
750 department in accordance with criteria prescribed by rule. A
751 claimant’s eligibility during approved training is contingent
752 upon satisfying eligibility conditions prescribed by rule.
753 2. Notwithstanding any other provision of this chapter, an
754 otherwise eligible individual who is in training approved under
755 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
756 determined ineligible or disqualified for benefits due to
757 enrollment in such training or because of leaving work that is
758 not suitable employment to enter such training. As used in this
759 subparagraph, the term “suitable employment” means work of a
760 substantially equal or higher skill level than the worker’s past
761 adversely affected employment, as defined for purposes of the
762 Trade Act of 1974, as amended, the wages for which are at least
763 80 percent of the worker’s average weekly wage as determined for
764 purposes of the Trade Act of 1974, as amended.
765 3. Notwithstanding any other provision of this section, an
766 otherwise eligible individual may not be denied benefits for any
767 week because she or he is before any state or federal court
768 pursuant to a lawfully issued summons to appear for jury duty.
769 4. Union members who customarily obtain employment through
770 a union hiring hall may satisfy the work search requirements of
771 this paragraph by reporting daily to their union hall.
772 5. The work search requirements of this paragraph do not
773 apply to persons who are unemployed as a result of a temporary
774 layoff or who are claiming benefits under an approved short-time
775 compensation plan as provided in s. 443.1116.
776 6. In small counties as defined in s. 120.52(20) s.
777 120.52(19), a claimant engaging in systematic and sustained
778 efforts to find work must contact at least three prospective
779 employers for each week of unemployment claimed.
780 7. The work search requirements of this paragraph do not
781 apply to persons required to participate in reemployment
782 services under paragraph (e).
783 Section 13. This act shall take effect July 1, 2018.
