SB 536 — Administrative Procedures

requiring the Florida Administrative Register to be published once daily and indicate certain information;

requiring an agencyagency’s regulatory plan to identify and describe each rule itthe agency plans to develop, adopt, or repeal during thea forthcomingspecified year12-month inperiod; the agency’s annual regulatory plan;

requiring thatsuch an agency’s annual regulatory plan identify any rules required to beinclude repromulgateda duringschedule theof forthcomingrule year;review;

requiringproviding theindexes agencyof to make certain declarationsinformation concerningto thebe annualincluded regulatoryin such plan;

amendingrequiring ss.such plan to include a list of certain statutes and laws or parts thereof;

120.80,requiring 120.81,the 420.9072,agency 420.9075,to andprovide 443.091,such F.S.;list to the Division of Law Revision;

conformingrequiring cross-references;a certification in such plan to make certain declarations;

providingrequiring an effectiveagency date.to Page 3 of 41 CODING:

Be It Enacted by the Legislature of the State of Florida:

Section 1.

Present subsections (16) through (19) and (20) through (22) of section 120.52, Florida Statutes, are redesignated as subsections (17) through (20) and subsections Page 4 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 (22)deliver througha (24),written respectively,explanation andupon newrequest subsectionsby (16)designated andpersons (21)for arefailing added to thatcomply section,with tothe read:regulatory plan requirements;

providing an effective date.

93 Be It Enacted by the Legislature of the State of Florida:

95 Section 1.

Present subsections (20), (21), and (22) of section 120.52, Florida Statutes, are redesignated as subsections (21), (22), and (23), respectively, and a new subsection (20) is added to that section, to read:

(16)(20) “Repromulgation”“Technical change” means thea publicationchange andlimited adoptionto ofcorrecting angrammatical, existingtypographical, ruleor followingsimilar anerrors agency’snot reviewaffecting of the rulesubstance forof consistency with the powersrule. and duties granted by its enabling statute.

(21) “Technical change” means a change limited to correcting grammatical, typographical, or similar errors not affecting the substance of the rule.

ParagraphSubsections (i) of subsection (1), subsections (2) and (3),(3) and paragraph (a) of subsection (7) of section 120.54, Florida Statutes, are amended, and paragraphs (e) and (f) are added to subsection (4) of that section, to read:

120.54 Rulemaking.— (1)(2) GENERALRULE PROVISIONSDEVELOPMENT; APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.— (i)1.

A rule may incorporate material by reference but only as the material exists on the date the rule is adopted.

For purposes of the rule, changes in the material are not effective unless the rule is amended to incorporate the changes.

2.

An agency rule that incorporates by specific reference another rule of that agency automatically incorporates subsequent amendments to the referenced rule unless a contrary intent is clearly indicated in the referencing rule.

A notice of amendments to a rule that has been incorporated by specific reference in other rules of that agency must explain the effect of those amendments on the referencing rules.

3.

In rules adopted after December 31, 2010, and rules Page 5 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ repromulgated on or after July 1, 2022, material may not be incorporated by reference unless:

a.

The material has been submitted in the prescribed electronic format to the Department of State and the full text of the material can be made available for free public access through an electronic hyperlink from the rule making the reference in the Florida Administrative Code;

or b.

The agency has determined that posting the material on the Internet for purposes of public examination and inspection would constitute a violation of federal copyright law, in which case a statement to that effect, along with the address of locations at the Department of State and the agency at which the material is available for public inspection and examination, must be included in the notice required by subparagraph (3)(a)1.

4.

A rule may not be amended by reference only.

Amendments must set out the amended rule in full in the same manner as required by the State Constitution for laws.

5.

Notwithstanding any contrary provision in this section, when an adopted rule of the Department of Environmental Protection or a water management district is incorporated by reference in the other agency’s rule to implement a provision of part IV of chapter 373, subsequent amendments to the rule are not effective as to the incorporating rule unless the agency incorporating by reference notifies the committee and the Department of State of its intent to adopt the subsequent amendment, publishes notice of such intent in the Florida Administrative Register, and files with the Department of State a copy of the amended rule incorporated by reference.

Changes in the rule incorporated by reference are effective as to the other Page 6 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ agency 20 days after the date of the published notice and filing with the Department of State.

The Department of State shall amend the history note of the incorporating rule to show the effective date of such change.

Any substantially affected person may, within 14 days after the date of publication of the notice of intent in the Florida Administrative Register, file an objection to rulemaking with the agency.

The objection shall specify the portions of the rule incorporated by reference to which the person objects and the reasons for the objection.

The agency does shall not have the authority under this subparagraph to adopt those portions of the rule specified in such objection.

The agency shall publish notice of the objection and of its action in response in the next available issue of the Florida Administrative Register.

6.

The Department of State may adopt by rule requirements for incorporating materials pursuant to this paragraph.

(2) RULE DEVELOPMENT;

The notice of rule development must shall indicate the subject area to be addressed by rule development, provide a short, plain explanation of the purpose and effect of the proposed rule, cite the grant of rulemaking authority for the proposed rule and the law being implemented specific legal authority for the proposed rule, and include the proposed rule number and the preliminary text of the proposed rules, if available, or a statement of how Page 74 of 4441 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 law being implemented specific legal authority for the proposed rule, and include the proposed rule number and the preliminary text of the proposed rule rules, if available, or a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, when if available.

If a notice of a proposed rule is not filed within 12 months after the notice of rule development, the agency mustshall withdraw the rule and give notice of the withdrawal in the next available issue of the Florida Administrative Register.

(b) All rules must should be drafted in readable language.

When a workshop or public hearing is held, the agency must ensure that the persons responsible for preparing the proposed rule are available to receive public input, to explain the agency’s proposal,proposal andPage to5 respondof to41 questionsCODING: or comments regarding the rule being developed.

The workshop may be facilitated or mediated by a neutral third person, or the agency Page 8 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 mayand employto otherrespond typesto ofquestions disputeor resolutioncomments alternativesregarding for the workshop which that are appropriate for rule development.being developed.

NoticeThe of a workshop formay rulebe developmentfacilitated mustor workshopmediated shall be by publicationa inneutral thethird Floridaperson, Administrativeor Registerthe notagency lessmay thanemploy 14other daystypes beforeof priordispute toresolution thealternatives datefor on which the workshop is scheduled to be held and must shall indicate the subject area that whichare willappropriate befor addressed;rule development.

Notice of a workshop for rule development must workshop shall be by publication in the Florida Administrative Register not fewer less than 14 days before prior to the date on which the workshop is scheduled to be held and must shall indicate the subject area that which will be addressed;

An agency that chooses to use the negotiated rulemaking process described in this paragraph shall publish in the Florida Administrative Register a notice of negotiated rulemaking which that includes a listing of the representative groups that will be invited to participate in the negotiated rulemaking process.

Any person who believes that his or her interest is not adequately represented may apply to participate within 30 days after publicationPage 6 of the41 notice.CODING:

All meetings of the negotiating committee shall be noticed and open to the public pursuant to the provisions of this chapter.

The negotiating committee shall Page 9 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 bepublication chairedof bythe anotice. neutral facilitator or mediator.

All meetings of the negotiating committee shall be noticed and open to the public pursuant to the provisions of this chapter.

The negotiating committee shall be chaired by a neutral facilitator or mediator.

the proposed rule number and the full text of the proposed rule or amendment and a summary thereof;

The notice must include a concise summary of the agency’s statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in s.

120.541(2).120.541(2), which describes the regulatory impact of the proposed rule in readable language;

The notice must describe the regulatory impact of the rule in readable language;

a statement that any person who wishes to provide the agency with information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as Page 107 of 4441 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 statement that any person who wishes to provide the agency with information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by s.

MaterialAfter December 31, 2022, material proposed to be incorporated by reference in the notice required by this paragraph must be made available in the manner prescribed by sub-subparagraph (1)(i)3.a.

The notice shall be mailed to all persons named in the proposed rule and mailed or delivered electronically to all personsPage who,8 at least 14 days before publication of the41 noticeCODING: prior to such mailing, have made requests of the agency for advance notice of its proceedings.

The agency shall also give such notice as is prescribed by rule to those particular classes Page 11 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 persons who, at least 14 days before publication of personsthe notice prior to whomsuch mailing, have made requests of the intendedagency actionfor isadvance directed.notice of its proceedings.

The agency shall also give such notice as is prescribed by rule to those particular classes of persons to whom the intended action is directed.

5.

If any of the information, other than substantive changes to the rule text, which is required to be included in the notice required by subparagraph 1.

is omitted or is incorrect, the agency must publish a notice of correction.

A notice of correction does not affect the timeframes for filing the rule for adoption as set forth in paragraph (e).

Technical changes are not required to be published as a notice of correction.

Statement of estimated regulatory costs.—Before the adoptionadoption, , amendment, or repeal of any rule other than an emergency rule, an agency is encouraged to prepare a statement of estimated regulatory costs of the proposed rule, as provided by s.

However, an agency must prepare a statement of estimatedPage regulatory9 costs of the41 proposedCODING: rule, as provided by s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 estimated regulatory costs of the proposed rule, as provided by s.

Page(I) 12An ofowner, 44officer, CODING:operator, or manager must complete any education, training, or testing to comply with the rule in the first year or is likely to spend at least 10 hours or purchase professional advice to understand and comply with the rule in the first year;

Words(II) strickenTaxes or fees assessed on transactions are deletions;likely to increase by $500 or more in the aggregate in 1 year because of the rule;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ (I) An owner, an officer, an operator, or a manager must complete any education, training, or testing to comply with the rule in the first year or is likely to spend at least 10 hours or to purchase professional advice to understand and comply with the rule in the first year;

(II) Taxes or fees assessed on transactions are likely to increase by $500 or more in the aggregate in 1 year;

Each agency, before the adoption, amendment, or repeal ofPage a10 rule, shall consider the impact of the41 ruleCODING: on small businesses as defined in by s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 of a rule, shall consider the impact of the rule on small businesses as defined in by s.

An agency may define “small business” to include businesses employing more than 200 persons, may define “small county” to include those with populations of more than 75,000, and may define “small city” to include those with populations of more than 10,000, if the agency it finds that such a definition is Pagenecessary 13to adapt a rule to the needs and problems of 44small CODING:businesses, small counties, or small cities.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ necessary to adapt a rule to the needs and problems of small businesses, small counties, or small cities.

c.(I)b.(I)Page If11 theof agency41 determinesCODING: that the proposed action will affect small businesses as defined by the agency as provided in sub-subparagraph b.

a., the agency must shall send written notice of the rule to the rules ombudsman in the Executive Office of the Governor at least 28 days before the intended action.

(II) Each agency shall adopt those regulatory alternatives offered by the rules ombudsman in the Executive Office of the Governor and provided to the agency no later than 21 days after the rules ombudsman’s receipt of the written notice of the rule which it finds are feasible and consistent with the stated objectives of the proposed rule and which would reduce the impact on small businesses.

When regulatory alternatives are Page 14 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 offeredc.(I)b.(I) byIf the rulesagency ombudsmandetermines inthat the Executiveproposed Officeaction ofwill theaffect Governor,small thebusinesses 90-dayas perioddefined forby filing the ruleagency as provided in subparagraphsub-subparagraph (e)2.b.

a., the agency shall send written notice of the rule to the rules ombudsman in the Executive Office of the Governor at least 28 days before the intended action.

(II) Each agency shall adopt those regulatory alternatives offered by the rules ombudsman in the Executive Office of the Governor and provided to the agency no later than 21 days after the rules ombudsman’s receipt of the written notice of the rule which it finds are feasible and consistent with the stated objectives of the proposed rule and which would reduce the impact on small businesses.

When regulatory alternatives are offered by the rules ombudsman in the Executive Office of the Governor, the 90-day period for filing the rule in subparagraph (e)2.

TheAt agencyleast shall21 providedays noticebefore tofiling the committeerule offor anyadoption, regulatory alternative offered to the agency pursuantshall toprovide thisa sub-subparagraphcopy atof leastany 21regulatory daysalternative beforeoffered filingto the ruleagency forto adoption.the committee.

If the intended action concerns any rule other than one relatingPage exclusively12 to procedure or practice, the agency shall, on the request of any41 affectedCODING: person received within 21 days after the date of publication of the notice of intended agency action, give affected persons an opportunity to present evidence and argument on all issues under consideration.

The agency may schedule a public hearing on the proposed rule and, if requested by any affected person, shall schedule a public hearing on the proposed rule.

When a public hearing is held, the agency must ensure that the persons responsible for preparing the proposed rule and the statement of estimated regulatory costs, if one has been prepared, staff are available to explain the agency’s proposal and to respond to questions or comments regarding the proposed rule, the statement of estimated regulatory costs, if Page 15 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 onerelating hasexclusively beento prepared,procedure andor practice, the agency’sagency decisionshall, whetheron tothe adoptrequest aof lowerany costaffected regulatoryperson alternativereceived submittedwithin pursuant21 days after the date of publication of the notice of intended agency action, give affected persons an opportunity to s.present evidence and argument on all issues under consideration.

120.541(1)(a).The agency may schedule a public hearing on the proposed rule and, if requested by any affected person, shall schedule a public hearing on the proposed rule.

When a public hearing is held, the agency must ensure that staff are available to explain the agency’s proposal and to respond to questions or comments regarding the proposed rule.

If the agency determines that the rulemaking proceeding is not adequate to protect the person’s interests, it shallPage suspend13 the rulemaking proceeding and convene a separate proceeding under the provisions of ss.41 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 shall suspend the rulemaking proceeding and convene a separate proceeding under the provisions of ss.

All timelines in this section are tolled during any suspension of the rulemaking Pageproceeding 16under this subparagraph, beginning on the date the notice of 44convening CODING:a separate proceeding is published and resuming on the day after the conclusion of the separate proceeding.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ proceeding under this subparagraph, beginning on the date the notice of convening a separate proceeding is published and resuming on the day after the conclusion of the separate proceeding.

After the final public hearing on the proposed rule, or after the time for requesting a hearing has expired, if the proposed rule text has not been changed from that of the proposed rule as previously filed with the committee, or contains only technical changes, the adopting agency shall file a notice to that effect with the committee at least 7 days before prior to filing the proposed rule for adoption.

Any change, other than a technical change, to a statement of estimated regulatory costs requires a noticePage 14 of change.41 CODING:

In addition, when any change, other than a technical change, to the text of is made in a proposed rule or any material incorporated by reference requires, other than a technical change, the adopting agency to shall provide a copy of a notice of change by certified mail or actual delivery to any person who requests it in writing no later than 21 days after the notice required in paragraph (a).

The agency shall file the notice of change with Page 17 of 44 CODING:

Florida Senate - 2022 SBCS 536 36-00345-22 2022536__ the committee, along with the reasons for theSB change,536 and595-03652-22 provide2022536c1 the notice of changechange. to persons requesting it, at least 21 days before prior to filing the proposed rule for adoption.

In addition, when any change, other than a technical change, to the text of is made in a proposed rule or any material incorporated by reference requires, other than a technical change, the adopting agency to shall provide a copy of a notice of change by certified mail or actual delivery to any person who requests it in writing no later than 21 days after the notice required in paragraph (a).

The agency shall file the notice of change with the committee, along with the reasons for the change, and provide the notice of change to persons requesting it, at least 21 days before prior to filing the proposed rule for adoption.

MaterialAfter December 31, 2022, material proposed to be incorporated by reference in the notice required by this subparagraphparagraph must be made available in the manner prescribed by sub-subparagraph (1)(i)3.a.

After the notice required by paragraph (a), the agency mustshall withdraw the proposed rule if the agency has failed to adopt it within the prescribed timeframes in this chapter.

If, 30 days after notice byPage the15 committee, the agency has not given notice of the41 withdrawalCODING: of the rule, the committee must notify the Department of State that the date for adoption of the rule has expired, and the Department of State shall publish a notice of withdrawal of the proposed rule.

4.3.

After adoption and before the rule becomes effective, a rule may be modified or withdrawn only in the following circumstances:

Page 18 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 a.by the committee, the agency has not given notice of the withdrawal of the rule, the committee shall notify the Department of State that the date for adoption of the rule has expired, and the Department of State shall publish a notice of withdrawal of the proposed rule.

4.3.

After adoption and before the rule becomes effective, a rule may be modified or withdrawn only in the following circumstances:

a.

After a rule has become effective, it may be repealed or amended only through the rulemaking procedures specified in thisPage chapter.16 of 41 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 this chapter.

If the adopting agency is required to publish its rules in the Florida Administrative Code, the agency, upon approval of the agency head, must shall file with the Department of State three certified copies of the rule it proposes to adopt;

a summary of any Pagehearings 19held ofon 44the CODING:rule;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ hearings held on the rule;

If notice of a public hearing is published before prior to the expiration of the time to file the rule for adoption,Page the17 period during which a rule must be filed for adoption is extended to 45 days after adjournment of the41 finalCODING: hearing on the rule, 21 days after receipt of all material authorized to be submitted at the hearing, or 21 days after receipt of the transcript, if one is made, whichever is latest.

The term “public hearing” includes any public meeting held by any agency at which the rule is considered.

If a petition for an administrative determination under s.

120.56(2) is filed, the Page 20 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 adoption, the period during which a rule must be filed for adoption is extended to 6045 days after theadjournment administrativeof lawthe judgefinal fileshearing on the finalrule, order21 withdays after receipt of all material authorized to be submitted at the clerkhearing, or until21 60 days after subsequentreceipt judicialof reviewthe transcript, if one is complete.made, whichever is latest.

The term “public hearing” includes any public meeting held by any agency at which the rule is considered.

If a petition for an administrative determination under s.

120.56(2) is filed, the period during which a rule must be filed for adoption is extended to 60 days after the administrative law judge files the final order with the clerk or until 60 days after subsequent judicial review is complete.

If a rule has not been adopted within the time limits imposedPage by18 this paragraph or has not been adopted in compliance with all statutory rulemaking requirements, the agency proposing the rule must shall withdraw the proposed rule and give notice of its41 actionCODING: in the next available issue of the Florida Administrative Register.

6.

The proposed rule shall be adopted upon on being filed with the Department of State and become effective 20 days after being filed, on a later date specified in the notice required by Page 21 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 subparagraphimposed (a)1.,by onthis aparagraph dateor requiredhas bynot statute,been oradopted uponin ratificationcompliance bywith all statutory rulemaking requirements, the Legislatureagency pursuantproposing tothe s.rule shall withdraw the proposed rule and give notice of its action in the next available issue of the Florida Administrative Register.

6.

The proposed rule shall be adopted on being filed with the Department of State and become effective 20 days after being filed, on a later date specified in the notice required by subparagraph (a)1., on a date required by statute, or upon ratification by the Legislature pursuant to s.

(4) EMERGENCY RULES.— (e) Emergency rules shall be published in the Florida Administrative Code.

(f) An agency may not supersede an emergency rule currently in effect.

Technical changes to an emergency rule may be made within the first 7 days after adoption of the rule.

The petition shall specify thePage proposed19 ruleof and41 actionCODING: requested.

The agency shall file a copy of the petition with the committee.

Not later than 30 Page 22 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 calendar days following the dateproposed ofrule filingand aaction petition,requested. the agency shall initiate rulemaking proceedings under this chapter, otherwise comply with the requested action, or deny the petition with a written statement of its reasons for the denial.

The agency shall file a copy of the petition with the committee.

Not later than 30 calendar days following the date of filing a petition, the agency shall initiate rulemaking proceedings under this chapter, otherwise comply with the requested action, or deny the petition with a written statement of its reasons for the denial.

Upon the submission of the lower cost regulatory alternative, the agency shall prepare a statement of estimated regulatory costs as provided in subsection (2), or shall revise Page 2320 of 4441 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 alternative, the agency shall prepare a statement of estimated regulatory costs as provided in subsection (2), or shall revise its prior statement of estimated regulatory costs, and either adopt the alternative proposal, reject the alternative proposal, or modify the proposed rule to reduce the regulatory costs.

If the agency rejects the alternative proposal or modifies the proposed rule, the agency mustshall or provide a statement of the reasons for rejecting the alternative in favor of the proposed rule.

The revised statement shall be published and made available in the same manner as the original statement of estimatedPage regulatory21 costsof and41 shallCODING: provide notice on the agency’s website that it is available to the public.

Page 24 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 (e)estimated Notwithstandingregulatory s.costs and shall provide notice on the agency’s website that it is available to the public.

(e) Notwithstanding s.

(f) An agency’s failure to prepare and publish a statement of estimated regulatory costs or to respond to a written lower cost regulatory alternative may not be raised in a proceeding challenging the validity of a rule pursuant to s.

(a) An economic analysis showing whether the rule directly orPage indirectly:22 of 41 CODING:

1.

Is likely to have an adverse impact on economic growth, Page 25 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 private sector job creation or employment,indirectly: or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule;

1.

Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule;

Is likely to increase regulatory costs, including all any transactional costs and impacts estimated in the statement,statement of estimated regulatory costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

As used in this section, “transactional costs” are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures Page 2623 of 4441 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule.

(e) An analysis of the impact on small businesses as defined in by s.

(c)Page Triennial24 updates of and41 amendmentsCODING: to the Florida Fire Prevention Code which are expressly authorized by s.

633.202.

Page 27 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 (d)(c) EmergencyTriennial rulesupdates adoptedof pursuantand amendments to the Florida Fire Prevention Code which are expressly authorized by s.

633.202.

(d) Emergency rules adopted pursuant to s.

(6)(a) In evaluating the impacts described in paragraphs (2)(a) and (2)(e),(e), an agency shall include good faith estimates of market impacts likely to result from compliance with the proposed rule, including:

(b) In estimating and analyzing the information required in paragraphs (2)(b)-(e), the agency may use surveys of Page 2825 of 4441 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 (b) In estimating and analyzing the information required in paragraphs (2)(b)-(e), the agency may use surveys of individuals, businesses, business organizations, counties, orand municipalities to collect data usefulhelpful to estimate and analyze the costs and impacts.

(c) In estimating compliance costs under paragraph (2)(d), the agency shall consider, among other matters, all direct and indirect costs necessary to comply with the proposed rule whichthat are readily ascertainable based upon standard business practices, including, but not limited to, costs related to:

Professional and technical services, including contracted services necessary to achieveimplement and maintain compliance.

14.Page 26 of 41 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 14.

Page16. 29 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ 16.

(7)(a) The Department of State shall include on the Florida Administrative Register website the agency website addresses where statements of estimated regulatory costs canmay be viewed in their entirety.

(b) AsAn agency that prepares a statement of estimated regulatory costs must provide, as part of the notice required under s.

120.54(3)(a), anthe agency thatwebsite preparesaddress awhere the statement of estimated regulatory costs mustcan providebe read in its entirety to the Department of State for publication in the Florida Administrative RegisterRegister. the agency website address where the statement of estimated regulatory costs can be read in its entirety.

SectionSubsections 120.5435,(1) and (2) of section 120.545, Florida Statutes, isare createdamended to read:

120.5435 Repromulgation of rules.— (1) It is the intent of the Legislature that each agency periodically review its rules for consistency with the powers and duties granted by its enabling statutes.

(2) If an agency determines after review that substantive changes to update a rule are not required, the agency must Page 30 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ repromulgate the rule to reflect the date of the review.

Each agency shall review its rules pursuant to this section either 5 years after July 1, 2022, if the rule was adopted before January 1, 2014, or 10 years after the rule was adopted, if the rule was adopted on or after January 1, 2014.

Failure of an agency to adhere to the deadlines imposed in this section constitutes the repeal of any affected rule.

In the event of such a failure, the committee shall notify the Department of State that the agency, by its failure to repromulgate the affected rule, has elected to repeal the rule.

Upon receipt of the committee’s notice, the Department of State shall publish a notice to that effect in the next available issue of the Florida Administrative Register.

Upon publication of the notice, the rule shall be stricken from the files of the Department of State and the files of the agency.

(3) Before repromulgation of a rule, the agency must, upon approval by the agency head or his or her designee:

(a) Publish a notice of repromulgation in the Florida Administrative Register.

A notice of repromulgation is not required to include the text of the rule being repromulgated.

(b) File the rule for repromulgation with the Department of State.

A rule may not be filed for repromulgation fewer than 28 days, nor more than 90 days, after the date of publication of the notice required by paragraph (a).

(4) The agency shall file a notice of repromulgation with the committee at least 14 days before filing the rule for repromulgation.

At the time the rule is filed for repromulgation, the committee shall certify whether the agency has responded in writing to all material and timely written Page 31 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ comments or written inquiries made on behalf of the committee.

(5) A repromulgated rule is not subject to challenge as a proposed rule pursuant to s.

120.56(2).

(6) The hearing requirements of s.

120.54 do not apply to repromulgation of a rule.

(7)(a) The agency, upon approval of the agency head or his or her designee, shall file with the Department of State three certified copies of the repromulgated rule it proposes to adopt and one certified copy of any material incorporated by reference in the rule.

(b) The repromulgated rule shall be adopted upon filing with the Department of State and becomes effective 20 days after the date it is filed.

(c) The Department of State shall update the history note of the rule in the Florida Administrative Code to reflect the effective date of the repromulgated rule.

(8) The Department of State shall adopt rules to implement this section by December 31, 2022.

Section 5.

Subsection (1) of section 120.545, Florida Statutes, is amended to read:

120.81(1)(e)Page and27 (2), and its accompanying material, and each emergency rule, and may examine any existing rule, for the purpose of determining41 whether:CODING:

(a) The rule is an invalid exercise of delegated legislative authority.

Page 32 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 (b)120.81(1)(e) Theand statutory(2), authorityand its accompanying material, and each emergency rule, and may examine any existing rule, for the rulepurpose hasof beendetermining repealed.whether:

(a) The rule is an invalid exercise of delegated legislative authority.

(b) The statutory authority for the rule has been repealed.

(l)Page If28 the rule is an emergency rule, there exists an emergency justifying the adoption of such41 rule,CODING: the agency is within its statutory authority, and the rule was adopted in compliance with the requirements and limitations of s.

120.54(4).

Page 33 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 Section(l) 6.If the rule is an emergency rule, there exists an emergency justifying the adoption of such rule, the agency is within its statutory authority, and the rule was adopted in compliance with the requirements and limitations of s.

Paragraphs120.54(4). (a) and (c) of subsection (1) of section 120.55, Florida Statutes, are amended to read:

(2) The committee may request from an agency such information as is reasonably necessary for examination of a rule as required by subsection (1).

The committee shall consult with legislative standing committees having jurisdiction over the subject areas.

If the committee objects to a rule, the committee shall, within 5 days after the objection, certify that fact to the agency whose rule has been examined and include with the certification a statement detailing its objections with particularity.

The committee may file an objection for the failure of an agency to repeal or amend an existing rule which the committee identifies as being inconsistent with the powers and duties granted by its enabling statute or having no enabling statute.

The committee shall notify the Speaker of the House of Representatives and the President of the Senate of any objection to an agency rule concurrent with certification of that fact to the agency.

Such notice shall include a copy of the rule and the statement detailing the committee’s objections to the rule.

Section 5.

Paragraphs (a), (b), and (c) of subsection (1) of section 120.55, Florida Statutes, are amended to read:

Through a continuous revision and publication system, compile and publish electronically, on a website managed by the department, the “Florida Administrative Code.” The Florida AdministrativePage Code29 shall contain all rules adopted by each agency, citing the grant of rulemaking41 authorityCODING: and the specific law implemented pursuant to which each rule was adopted, all history notes as authorized in s.

120.545(7),Words completestricken indexesare todeletions; all rules contained in the code, and any other material required or authorized by law or deemed useful by the department.

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 Administrative Code shall contain all rules adopted by each agency, citing the grant of rulemaking authority and the specific law implemented pursuant to which each rule was adopted, all history notes as authorized in s.

120.545(7), complete indexes to all rules and any material incorporated by reference contained in the code, and any other material required or authorized by law or deemed useful by the department.

The FloridaDepartment Administrativeof CodeState shall beretain publishedthe oncecopyright dailyover bythe 8Florida a.m.Administrative Code.

If, after publication, a rule is corrected and replaced, the Florida Administrative Code must indicate:

a.

That the Florida Administrative Code has been republished.

b.

The rule that has been corrected by the Department of State.

The Department of State shall retain the copyright over the Page 34 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ Florida Administrative Code.

At the beginning of the section of the code dealing with an agency that files copies of its rules with the department, the department shall publish the address and telephone number of the executive offices of each agency, the manner by which the agency indexes its rules, a listing of all rules of that agency excluded from publication in the code, and a statementlisting asof toall whereforms thosePage rules30 mayof be41 inspected.CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 and material incorporated by reference adopted by rule which are used by the agency, and a statement as to where those rules may be inspected.

Not publish forms shall not be published in the Florida Administrative Code;Code.

butHowever,; any form which an agency uses in its dealings with the public, along with any accompanying instructions, shall be filed with the committee before it is used.

Anybut any form orthat instruction which meetsan agency uses in its dealings with the definitionpublic, ofalong “rule”with providedany inaccompanying s.instructions, shall be filed with the committee before it is used.

Any form or instruction which meets the definition of the term “rule” as defined provided in s.

120.54(3)(a) after December 31, 2007, must clearly display the number, title, and effective date of Pagethe 35form and the number of 44the CODING:rule in which the form is incorporated.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ the form and the number of the rule in which the form is incorporated.

Require all materials incorporated by reference in any part of an adopted rule andafter inDecember any31, part2022, of a repromulgated rule The department shall allow adopted rules and material incorporated by reference to be filed in the manner prescribed by s.

or s.b.

120.54(1)(i)3.b.

When a rule is filed for adoption or repromulgation with incorporated material in electronic form, the department’s publication of the Florida Administrative Code on its website must contain a hyperlink from the incorporating reference in the rule directly to that material.

The department may not allow hyperlinks from rules in the Florida Administrative Code to any material other than that filedPage with31 andof maintained41 byCODING: the department, but may allow hyperlinks to incorporated material maintained by the department from the adopting agency’s website or other sites.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 filed with and maintained by the department, but may allow hyperlinks to incorporated material maintained by the department from the adopting agency’s website or other sites.

(c)A Prescribetechnical bychange rulemade after the styleadoption andof form required for rules, notices, and other materials submitted for filing, including a rule requiringmust documents created by an agency which are proposed to be incorporatedpublished byas referencea innotice noticesof publishedcorrection. pursuant to s.

(b)1.

Electronically publish on a website managed by the department a continuous revision and publication entitled the “Florida Administrative Register,” which shall serve as the official publication.

The Florida Administrative Register shall be published once daily by 8 a.m.

If after publication, a rule is corrected and replaced, the Florida Administrative Register shall indicate:

a.

That the Florida Administrative Register has been republished.

b.

The rule that has been corrected by the Department of State.

2.

The Florida Administrative Register and must contain:

a.1.

All notices required by s.

120.54(2) and (3)(a), showing the text of all rules proposed for consideration.

b.2.

All notices of public meetings, hearings, and workshops conducted in accordance with s.

120.525, including a statement of the manner in which a copy of the agenda may be obtained.

c.3.

A notice of each request for authorization to amend or repeal an existing uniform rule or for the adoption of new uniform rules.

Page 32 of 41 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 d.4.

Notice of petitions for declaratory statements or administrative determinations.

e.5.

A summary of each objection to any rule filed by the Administrative Procedures Committee.

f.6.

A list of rules filed for adoption in the previous 7 days.

g.7.

A list of all rules filed for adoption pending legislative ratification under s.

120.541(3).

A rule shall be removed from the list once notice of ratification or withdrawal of the rule is received.

h.8.

Any other material required or authorized by law or deemed useful by the department.

The department may contract with a publishing firm for a printed publication of the Florida Administrative Register and make copies available on an annual subscription basis.

(c) Prescribe by rule the style and form required for rules, notices, and other materials submitted for filing, including a rule requiring documents created by an agency that are proposed to be incorporated by reference in notices published pursuant to s.

Section 7.6.

SubsectionSection (1) and paragraph (a) of subsection (2) of section 120.74, Florida Statutes, areis amended to read:

Page120.74 36Agency ofannual 44rulemaking CODING:and regulatory plans;

reports.— (1) REGULATORY PLAN.—By October 1 of each year, each agency shall prepare a regulatory plan.

(a) The plan must include a listing of each law enacted or Page 33 of 41 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 120.74amended Agencyduring annualthe rulemakingprevious and12 regulatorymonths plans;which creates or modifies the duties or authority of the agency.

reports.— (1) REGULATORY PLAN.—By October 1 of each year, each agency shall prepare a regulatory plan.

(a) The plan must include a listing of each law enacted or amended during the previous 12 months which creates or modifies the duties or authority of the agency.

(b) The plan must also identify and describe each rule, including each rule number or proposed rule number, that include a listing of each law not otherwise listed pursuant to paragraph (a) which the agency expects to develop, adopt, or repeal for the 12-month period beginning on October 1 and ending on September 30 implement by rulemaking before the following July 1, excluding emergency rules except emergency rulemaking.

For Pageeach 37rule ofidentified 44and CODING:described law listed under this paragraph, the plan must state whether the rulemaking is intended to simplify, clarify, increase efficiency, improve coordination with other agencies, reduce regulatory costs, or delete obsolete, unnecessary, or redundant rules.

Page 34 of 41 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 each(c) ruleThe law listed under this paragraph, the plan must stateinclude whetherany thedesired rulemakingupdate is intended to simplify,the clarify,prior increaseyear’s efficiency, improve coordination with other agencies, reduce regulatory costs,plan or deletesupplement obsolete,published unnecessary,pursuant orto redundantsubsection rules.(7).

(c) The plan must include any desired update to the prior year’s regulatory plan or supplement published pursuant to subsection (7).

(d)(d)1. The plan must identify any rules required to be repromulgated pursuant to s.

120.5435The plan must include a schedule for the 12-monthagency periodto beginningreview onits Octoberrules 1for consistency with the powers and endingduties ongranted Septemberby 30.the enabling statutes in accordance with this paragraph.

(e)(d)Each Theagency plan must includereview aall certification executed on behalf of theits agencyrules byexisting bothbefore theJuly agency1, head,2022, or,in ifaccordance thewith agencythis headparagraph isby aJuly collegial1, body,2027. the presiding officer;

All rules adopted on or after July 1, 2022, and theall individualexisting actingrules asreviewed principalinitially legalby advisorJuly to1, the2027, agencyshall head.be reviewed every 10 years after their respective dates of adoption or review.

TheThis certificationschedule mustshall declare:be updated on an annual basis to ensure that all rules are reviewed every 10 years after their respective dates of adoption or review.

Page2. 38 of 44 CODING:

The plan must include an index and summary of rules reviewed during the previous year listed by number and title.

Page 35 of 41 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 1.The index must indicate:

a.

The rules reviewed pursuant to this paragraph that are consistent with the powers and duties granted by the enabling statutes.

b.

The rules reviewed pursuant to this paragraph that require amendments to remove portions of the rule that are inconsistent with the powers and duties granted by the enabling statute.

A summary of the required amendments and a schedule for such rulemaking shall be provided.

c.

The rules reviewed pursuant to this paragraph that will be repealed in their entirety because there is no enabling statute.

A schedule for the repeal of such rules shall be provided.

d.

A list of all statutes and laws, or parts thereof, that grant duplicative, redundant, or unused rulemaking authority, as set out in s.

11.242(5)(j), and a recommendation as to what statutes, laws, or parts thereof, should be repealed.

The agency must also provide the list to the Division of Law Revision.

(e) The plan must include a certification executed on behalf of the agency by both the agency head, or, if the agency head is a collegial body, the presiding officer;

and the individual acting as principal legal advisor to the agency head.

The certification must declare:

1.

Verify That the agency regularly reviews all of its rules and identify the period during which all rules have most recently been reviewed to determine if the rules remain consistent with the agency’s rulemaking authority and the laws implemented.Page 36 of 41 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 536 595-03652-22 2022536c1 implemented.

That the agency understands that regulatory accountability is necessary to ensure public confidence in the integrity of state government and, to that end, the agency is diligently working toward loweringreducing the total number of rulesregulatory adopted.requirements consistent with the agency’s rulemaking authority and the laws implemented.

5.

That all actions set forth in the prior annual regulatory plan have been completed or are on a schedule to be completed.

6.

That all materials incorporated by reference in the rules reviewed are available in the manner prescribed by s.

120.54(1)(i)3.a.

or b.

Section(b) 8.To satisfy the requirements of paragraph (a), a board established under s.

Subsection20.165(4), (11)and ofany sectionother 120.80,board Floridaor Statutes,Page is37 amendedof to41 read:CODING:

120.80 Exceptions and special requirements;

agencies.— Page 39 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 (11)commission NATIONALreceiving GUARD.—Notwithstandingadministrative support from the Department of Business and Professional Regulation, may coordinate with the Department of Business and Professional Regulation, and a board established under s.

120.52(17)20.43(3)(g) s.may coordinate with the Department of Health, for inclusion of the board’s or commission’s plan and notice of publication in the coordinating department’s plan and notice and for the delivery of the required documentation to the committee.

120.52(16),(c) theA enlistment,regulatory organization,plan administration,prepared equipment,under maintenance,subsection training,(1) and disciplineany ofregulatory plan published under this chapter before July 1, 2014, shall be maintained at an active website for 10 years after the militia,date Nationalof Guard,initial organizedpublication militia,on andthe unorganizedagency’s militia,website asor providedanother bystate s.website.

2,(3) Art.DEPARTMENT REVIEW OF BOARD PLAN.—By October 15 of each year:

X(a) ofFor theeach Stateboard Constitution,established areunder nots. rules as defined by this chapter.

Section20.165(4) 9.and any other board or commission receiving administrative support from the Department of Business and Professional Regulation, the Department of Business and Professional Regulation shall file with the committee a certification that the department has reviewed each board’s and commission’s regulatory plan.

ParagraphA (c)certification ofmay subsectionrelate (1)to ofmore sectionthan 120.81,one Floridaboard Statutes,or iscommission. amended to read:

120.81(b) ExceptionsFor andeach specialboard requirements;established under s.

general20.43(3)(g), areas.—the (1)Department EDUCATIONALof UNITS.—Health (c)shall Notwithstandingfile s.with the committee a certification that the department has reviewed the board’s regulatory plan.

120.52(17)A s.certification may relate to more than one board.

120.52(16),(4) anyDEADLINE tests,FOR testRULE scoringDEVELOPMENT.—By criteria,November or1 testingof procedureseach relatingyear, toeach studentagency assessmentshall whichpublish area developednotice orof administeredrule bydevelopment thePage Department38 of Education41 pursuantCODING: to s.

1003.4282, s.

1008.22, or s.

1008.25, or any other statewide educational tests required by law, are not rules.

Section 10.

Paragraph (a) of subsection (1) of section 420.9072, Florida Statutes, is amended to read:

420.9072 State Housing Initiatives Partnership Program.—The State Housing Initiatives Partnership Program is created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing-related employment.

(1)(a) In addition to the legislative findings set forth in s.

420.6015, the Legislature finds that affordable housing is most effectively provided by combining available public and Page 40 of 44 CODING:

Florida Senate - 2022 SBCS 536 36-00345-22 2022536__ private resources to conserve and improve existing housing and provide new housing for very-low-incomeSB households,536 low-income595-03652-22 households,2022536c1 andunder moderate-incomes. households.

The120.54(2) Legislaturefor intendseach tolaw encourageidentified partnerships in order to secure the benefitsagency’s ofregulatory cooperationplan bypursuant the public and private sectors and to reducesubparagraph the(1)(a)1. cost of housing for the target group by effectively combining all available resources and cost-saving measures.

Thefor Legislaturewhich furtherrulemaking intendsis thatnecessary localto governmentsimplement achievebut thisfor combinationwhich ofthe resourcesagency bydid encouragingnot activereport partnershipsthe betweenpublication government,of lenders,a buildersnotice andof developers,rule realdevelopment estateunder professionals,subparagraph advocates(1)(a)2. for low-income persons, and community groups to produce affordable housing and provide related services.

Extending(5) theDEADLINE partnershipTO conceptPUBLISH toPROPOSED encompassRULE.—For cooperativeeach effortslaw amongfor smallwhich countiesimplementing rulemaking is necessary as definedidentified in s.the agency’s plan pursuant to subparagraph (1)(a)1.

120.52or subparagraph (1)(c)1., the agency shall publish a notice of proposed rule pursuant to s.

120.52(19),120.54(3)(a) andby amongApril counties1 andof municipalitiesthe isyear specificallyfollowing encouraged.the deadline for the regulatory plan.

LocalThis governmentsdeadline aremay alsobe intendedextended toif establishthe anagency affordablepublishes housinga advisorynotice committeeof toextension recommendin monetarythe andFlorida nonmonetaryAdministrative incentivesRegister identifying each rulemaking proceeding for affordablewhich housingan extension is being noticed by citation to the applicable notice of rule development as providedpublished in s.the Florida Administrative Register.

420.9076.The agency shall include a concise statement in the notice of extension identifying any issues that are causing the delay in rulemaking.

SectionAn 11.extension shall expire on October 1 after the April 1 deadline, provided that the regulatory plan due on October 1 may further extend the rulemaking proceeding by identification pursuant to subparagraph (1)(c)1.

Subsectionor (7)conclude ofthe sectionrulemaking 420.9075,proceeding Floridaby Statutes,identification ispursuant amended to read:subparagraph (1)(c)2.

420.9075A Localpublished housingregulatory assistanceplan plans;may be corrected at any time to accomplish the purpose of extending or concluding an affected rulemaking proceeding and is deemed corrected as of the October 1 due date.

partnerships.—Upon (7)publication Theof moneysa depositedcorrection, the agency shall publish in the localFlorida housingAdministrative assistanceRegister trusta fundnotice shallof bethe useddate toof administerthe andcorrection implementidentifying the localaffected housingrulemaking assistanceproceeding plan.by applicable Page 39 of 41 CODING:

The cost of administering the plan may not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund.

A county or an eligible municipality may not exceed the 5-percent limitation on administrative costs, unless its governing body finds, by Page 41 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 resolution,citation that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessaryFlorida costsAdministrative ofRegister. administering the local housing assistance plan.

The(6) costCERTIFICATIONS.—Each ofagency administeringshall thefile programa maycertification notwith exceedthe 10committee percentupon ofcompliance thewith localsubsection housing(4) distributionand plusupon 5filing percenta ofnotice programunder incomesubsection deposited(5) intoof theeither trusta fund,deadline exceptextension thator smalla counties,regulatory asplan definedcorrection. in s.

120.52A s.certification may relate to more than one notice or contemporaneous act.

120.52(19),The anddate eligibleor municipalitiesdates receiving a local housing distribution of upcompliance toshall $350,000be maynoted usein upeach tocertification. 10 percent of program income for administrative costs.

Section(7) 12.SUPPLEMENTING THE REGULATORY PLAN.—After publication of the regulatory plan, the agency shall supplement the plan within 30 days after a bill becomes a law if the law is enacted before the next regular session of the Legislature and the law substantively modifies the agency’s specifically delegated legal duties, unless the law affects all or most state agencies as identified by letter to the committee from the Governor or the Attorney General.

ParagraphThe (d)supplement ofmust subsectioninclude (1)the ofinformation sectionrequired 443.091,in Floridaparagraph Statutes,(1)(a) isand amendedshall be published as required in subsection (2), but no certification or delivery to read:the committee is required.

443.091The Benefitagency eligibilityshall conditions.—publish (1)in Anthe unemployedFlorida individualAdministrative isRegister eligiblenotice toof receivepublication benefitsof forthe anysupplement, weekand onlyinclude ifa thehyperlink Departmenton ofits Economicwebsite Opportunityor findsweb that:address for direct access to the published supplement.

(d)For Sheeach orlaw hereported in the supplement, if rulemaking is ablenecessary to workimplement the law, the agency shall publish a notice of rule development by the later of the date provided in subsection (4) or 60 days after the bill becomes a law, and isa availablenotice forof work.proposed rule shall be published by the later of the date provided in subsection (5) or 120 days after the bill becomes a law.

InThe orderproposed torule assessdeadline eligibilitymay forbe aextended claimedto week of unemployment, the departmentfollowing shallOctober develop1 criteriaby tonotice determineas aprovided claimant’sin abilitysubsection to(5). work and availability for work.

AIf claimantsuch mustproposed berule activelyhas seekingnot workbeen infiled orderby toPage be40 consideredof available41 forCODING: work.

This means engaging in systematic and sustained efforts to find work, including contacting at least five prospective employers for each week of unemployment claimed.

The department may require the claimant to provide proof of such efforts to the one-stop career center as part of reemployment services.

A claimant’s proof of work search efforts may not include the same prospective employer at the same location in 3 consecutive weeks, unless the employer has indicated since the time of the Page 42 of 44 CODING:

Florida Senate - 2022 CS for SB 536 36-00345-22595-03652-22 2022536__2022536c1 initialOctober contact1, thata law included in a supplement shall also be included in the employernext isannual hiring.plan pursuant to subsection (1).

The(8) departmentFAILURE TO COMPLY.—If an agency fails to comply with a requirement of subsection (1), paragraph (2)(a), or subsection (5), within 15 days after written demand from the committee or from the chair of any other legislative committee, the agency shall conductdeliver randoma reviewswritten explanation of workthe searchreasons informationfor providednoncompliance byto claimants.the committee, the President of the Senate, the Speaker of the House of Representatives, and the chair of any legislative committee requesting the explanation of the reasons for noncompliance.

As(9) anEDUCATIONAL alternativeUNITS.—This tosection contactingdoes atnot leastapply five prospective employers for any week of unemployment claimed, a claimant may, for that same week, report in person to aeducational one-stopunits. career center to meet with a representative of the center and access reemployment services of the center.

TheSection center7. shall keep a record of the services or information provided to the claimant and shall provide the records to the department upon request by the department.

However:

1.

Notwithstanding any other provision of this paragraph or paragraphs (b) and (e), an otherwise eligible individual may not be denied benefits for any week because she or he is in training with the approval of the department, or by reason of s.

443.101(2) relating to failure to apply for, or refusal to accept, suitable work.

Training may be approved by the department in accordance with criteria prescribed by rule.

A claimant’s eligibility during approved training is contingent upon satisfying eligibility conditions prescribed by rule.

2.

Notwithstanding any other provision of this chapter, an otherwise eligible individual who is in training approved under s.

236(a)(1) of the Trade Act of 1974, as amended, may not be determined ineligible or disqualified for benefits due to enrollment in such training or because of leaving work that is not suitable employment to enter such training.

As used in this subparagraph, the term “suitable employment” means work of a substantially equal or higher skill level than the worker’s past adversely affected employment, as defined for purposes of the Trade Act of 1974, as amended, the wages for which are at least Page 43 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 536 36-00345-22 2022536__ 80 percent of the worker’s average weekly wage as determined for purposes of the Trade Act of 1974, as amended.

3.

Notwithstanding any other provision of this section, an otherwise eligible individual may not be denied benefits for any week because she or he is before any state or federal court pursuant to a lawfully issued summons to appear for jury duty.

4.

Union members who customarily obtain employment through a union hiring hall may satisfy the work search requirements of this paragraph by reporting daily to their union hall.

5.

The work search requirements of this paragraph do not apply to persons who are unemployed as a result of a temporary layoff or who are claiming benefits under an approved short-time compensation plan as provided in s.

443.1116.

6.

In small counties as defined in s.

120.52 s.