HB 337 — Administrative Procedures

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 (20) through (22) of section 120.52, Florida Statutes, are renumbered as subsections (17) through (20) and subsections (22) through (24), respectively, and new subsections (16) and (21) are added to that section to read:

(20)(16) "Technical"Repromulgation" change" means athe changenotice limitedand toadoption correctingof grammatical,an typographical,existing orrule similarfollowing errorsan notagency's affectingreview of the substancerule offor consistency with the rule.powers 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.

SubsectionsParagraph (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), (f), and (g) are added to subsection (4) of that section, to read:

120.54 Rulemaking.— (2)(1) RULEGENERAL DEVELOPMENT;PROVISIONS 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 Page 6of 53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 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 repromulgated after December 31, 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 Page 7of 53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 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 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 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 Page 8of 53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 for incorporating materials pursuant to this paragraph.

(2) RULE DEVELOPMENT;

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 2.

It avoids the use of unnecessary technical or specializedPage language9of that53 isCODING: understood only by members of particular trades or professions.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 specialized language that is understood only by members of particular trades or professions.

When a workshop or public hearing is held, the agency must ensure that the persons responsible for preparing the proposed rule are available to explain the agency's proposal and to respond to questions or comments regarding the rule being Pagedeveloped. 6of 43 CODING:

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 developed.

and the place, date, and timePage of10 theof53 workshop.CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 time of the workshop.

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 that Pageincludes 7ofa 43listing CODING:of the representative groups that will be invited to participate in the negotiated rulemaking process.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 includes a listing of the representative groups that will be invited to participate in the negotiated rulemaking process.

The agency's decision to use negotiated rulemaking, its selectionPage of11 theof53 representativeCODING: groups, and approval or denial of an application to participate in the negotiated rulemaking process are not agency action.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 selection of the representative groups, and approval or denial of an application to participate in the negotiated rulemaking process are not agency action.

and a reference to the Pagesection 8ofor 43subsection CODING:of the Florida Statutes or the Laws of Florida being implemented or interpreted.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 section or subsection of the Florida Statutes or the Laws of Florida being implemented or interpreted.

a statement that any person who wishes to provide the agency with informationPage regarding12 theof53 statementCODING: of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by s.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by s.

The notice shall be published in the Florida Administrative Register for at least 7 days after the publication of Pagethe 9ofnotice 43of CODING:rule development and at least not less than 28 days before prior to the intended action.

The proposed rule, including all materials proposed to be incorporated by reference and the statement of estimated regulatory costs, if one has been prepared, must shall be available for inspection and copying by the public at the time of the publication of notice.

After December 31, 2022, material proposed to be incorporated by reference in the notice required by this paragraph must be made available in the manner Page 13 of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 theprescribed noticeby ofsub-subparagraph rule(1)(i)3.a. development and at least not less than 28 days before prior to the intended action.

The proposed rule, including all materials proposed to be incorporated by reference and the statement of estimated regulatory costs, if one has been prepared, must shall be available for inspection and copying by the public at the time of the publication of notice.

After 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.

a statement of the extent to which the proposed rule relates to federal standards Pageor 10rules of43on CODING:the same subject;

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 or rules on the same subject;

Technical changesPage are14 notof53 requiredCODING: to be published as a notice of correction.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 changes are not required to be published as a notice of correction.

Statement of estimated regulatory costs.—Before the adoption,adoption , 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.

Small businesses, small counties, and small cities.— Pagea. 11 of43 CODING:

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 a.

(II)Page Taxes15 orof53 feesCODING: assessed on transactions are likely to increase by $500 or more in the aggregate in 1 year because of the rule;

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 (II) Taxes or fees assessed on transactions are likely to increase by $500 or more in the aggregate in 1 year because of the rule;

Whenever practicable, an agency shall tier its rules to reduce disproportionate impacts on small businesses, small Pagecounties, 12or of43small CODING:cities to avoid regulating small businesses, small counties, or small cities that do not contribute significantly to the problem the rule is designed to address.

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 it finds that such a definition is necessary to Page 16 of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 counties,adapt ora smallrule cities to avoidthe regulatingneeds and problems of small businesses, small counties, or small citiescities. that do not contribute significantly to the problem the rule is designed to address.

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 it finds that such a definition is necessary to adapt a rule to the needs and problems of small businesses, small counties, or small cities.

c.(I)b.(I) If the agency determines that the proposed Pageaction 13will of43affect CODING:small businesses as defined by the agency as provided in sub-subparagraph 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 Page 17 of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 actionthe willrules affectombudsman's smallreceipt businessesof asthe definedwritten bynotice of the agencyrule aswhich providedit infinds sub-subparagraphare b.feasible and consistent with the stated objectives of the proposed rule and which would reduce the impact on small businesses.

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.

AtBefore least 21 days before filing the rule for adoption, the agency shall provide a copy of any regulatory alternative offered to the agency to the committee.

Within 3 working days after the filing of such notice, the agency shall send a copy of such notice to the rules ombudsman in the Executive PageOffice 14of of43the CODING:Governor.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 Office of the Governor.

The agency may schedule a public hearing on the proposed rule and, if requested byPage any18 affectedof53 person,CODING: shall schedule a public hearing on the proposed rule.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 by any affected person, shall schedule a public hearing on the proposed rule.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 2.

The agencyPage shall19 publishof53 noticeCODING: of convening a separate proceeding in the Florida Administrative Register.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 agency shall publish notice of convening a separate proceeding in the Florida Administrative Register.

After the final public hearing on the proposed rule, or after the time for requesting a hearing has expired, if the proposed rule has not been changed from the proposed rule as previously filed with the committee, or contains only technical changes, the adopting agency shall file a notice to that effect Pagewith 16the of43committee CODING:at least 7 days before prior to filing the proposed rule for adoption.

Any change, other than a technical change that does not affect the substance of the rule, must be supported by the record of public hearings held on the proposed rule, must be in response to written material submitted to the agency within 21 days after the date of publication of the notice of intended agency action or submitted to the agency between the date of publication of the notice and the end of the final public hearing, or must be in response to a proposed Page 20 of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 withobjection theby committee at least 7 days before prior to filing the proposedcommittee. rule for adoption.

Any change, other than a technical change that does not affect the substance of the rule, must be supported by the record of public hearings held on the proposed rule, must be in response to written material submitted to the agency within 21 days after the date of publication of the notice of intended agency action or submitted to the agency between the date of publication of the notice and the end of the final public hearing, or must be in response to a proposed objection by the committee.

The notice of change must include a summary of any revision to a Pagestatement 17of of43estimated CODING:regulatory costs required by s.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 statement of estimated regulatory costs required by s.

After the notice required by paragraph (a) and before prior to adoption, the agency may withdraw the proposed rule in wholePage or21 inof53 part.CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 whole or in part.

When a final order, which is not subject to further Pageappeal, 18is of43entered CODING:in a rule challenge brought pursuant to s.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 appeal, is entered in a rule challenge brought pursuant to s.

When the committee notifies the agency that an objection to the rule is being considered, in which case the rulePage may22 beof53 modifiedCODING: to extend the effective date by not more than 60 days.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 rule may be modified to extend the effective date by not more than 60 days.

If the adopting agency is required to publish its rules in the Florida Administrative Code, the agency, upon approval of the agency head, shall file with the Department of State three Pagecertified 19copies of43of CODING:the rule it proposes to adopt;

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 certified copies of the rule it proposes to adopt;

2.Page 23 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 2.

If notice of a public hearing is published before prior to the expiration of the time to file the rule for adoption, the period during which a rule must be filed for Pageadoption 20is of43extended CODING:to 45 days after adjournment of the final 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.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 adoption is extended to 45 days after adjournment of the final 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.

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 finalPage order24 withof53 theCODING: clerk or until 60 days after subsequent judicial review is complete.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 final order with the clerk or until 60 days after subsequent judicial review is complete.

upon which an administrative Pagedetermination 21is of43pending; CODING:

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 determination is pending;

The proposed rule shall be adopted on being filed with thePage Department25 ofof53 StateCODING: 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.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 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.

PageFor 22the of43purposes CODING:of this paragraph, the term "administrative determination" does not include subsequent judicial review.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 For the purposes of this paragraph, the term "administrative determination" does not include subsequent judicial review.

(g) An agency may make technical changes to an emergency rule within the first 7 days after the rule is adopted and must publishPage a26 noticeof53 ofCODING: the technical change in the Florida Administrative Register.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 publish a notice of the technical change in the Florida Administrative Register.

120.541 Statement of estimated regulatory costs.— Page(1)(a) 23Within of4321 CODING:days after publication of the notice of a proposed rule or notice of change required under s.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 (1)(a) Within 21 days after publication of the notice of a proposed rule or notice of change required under s.

The proposal may include the alternative of notPage adopting27 anyof53 ruleCODING: if the proposal explains how the lower costs and objectives of the law will be achieved by not adopting any rule.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 not adopting any rule if the proposal explains how the lower costs and objectives of the law will be achieved by not adopting any rule.

If Pagethe 24agency of43rejects CODING:the alternative proposal or modifies the proposed rule, the agency shall or provide a statement of the reasons for rejecting the alternative in favor of the proposed rule.

(b) If a proposed rule will have an adverse impact on small business or if the proposed rule is likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate within 1 year after the implementation of the rule, the agency shall prepare a statement of estimated Page 28 of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 theregulatory agencycosts rejectsas therequired alternativeby proposals. or modifies the proposed rule, the agency shall or provide a statement of the reasons for rejecting the alternative in favor of the proposed rule.

(b) If a proposed rule will have an adverse impact on small business or if the proposed rule is likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate within 1 year after the implementation of the rule, the agency shall prepare a statement of estimated regulatory costs as required by s.

The revised statement shall be published and made available in the same manner as the original statement of estimated regulatory costs and shall provide notice on the Pageagency's 25website of43that CODING:it is available to the public.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 agency's website that it is available to the public.

(f) An agency's failure to prepare and publish a statement of estimated regulatory costs or to respond to a written lower costPage regulatory29 alternativeof53 mayCODING: not be raised in a proceeding challenging the validity of a rule pursuant to s.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 cost regulatory alternative may not be raised in a proceeding challenging the validity of a rule pursuant to s.

Page(2) 26A of43statement CODING:of estimated regulatory costs must shall include:

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 (2) A statement of estimated regulatory costs must shall include:

Is likely to have an adverse impact on business competitiveness,Page including30 theof53 abilityCODING: of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule;

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule;

(c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any Pageanticipated 27effect of43on CODING:state or local revenues.

(d) A good faith estimate of the compliance transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements 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 31 of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 anticipatedrequired effectto onbe stateemployed orin localcomplying revenues.with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule.

(d) A good faith estimate of the compliance transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements 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 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.

Page(3) 28If of43the CODING:adverse impact or regulatory costs of the rule exceed any of the criteria established in paragraph (2)(a), the rule shall be submitted to the President of the Senate and Speaker of the House of Representatives no later than 30 days before prior to the next regular legislative session, and the rule may not take effect until it is ratified by the Legislature.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 (3) If the adverse impact or regulatory costs of the rule exceed any of the criteria established in paragraph (2)(a), the rule shall be submitted to the President of the Senate and Speaker of the House of Representatives no later than 30 days before prior to the next regular legislative session, and the rule may not take effect until it is ratified by the Legislature.

(b)Page Triennial32 updatesof53 ofCODING: and amendments to the Florida Building Code which are expressly authorized by s.

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 (b) Triennial updates of and amendments to the Florida Building Code which are expressly authorized by s.

Page(6)(a) 29In of43evaluating CODING:the impacts described in paragraphs (2)(a) and (2)(e), an agency shall include good faith estimates of market impacts likely to result from compliance with the proposed rule, including:

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 (6)(a) In evaluating the impacts described in paragraphs (2)(a) and (e), an agency shall include good faith estimates of market impacts likely to result from compliance with the proposed rule, including:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 4.

(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 that are readily ascertainable based upon standard business Pagepractices, 30including, of43but CODING:not limited to, costs related to:

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 practices, including, but not limited to, costs related to:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 7.

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hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 18.

(b) An agency that prepares a statement of estimated regulatory costs must provide, as part of the notice required underPage s.35 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 under s.

SubsectionsSection (1)120.5435, and (2) of section 120.545, Florida Statutes, areis amendedcreated to read:

120.545120.5435 CommitteeRepromulgation review of agency rules.— (1) AsIt ais legislativethe checkintent onof legislativelythe createdLegislature authority,that theeach committeeagency shallperiodically examinereview eachits existingrules rulefor andconsistency proposedwith rule,the exceptpowers forand thoseduties proposedgranted rulesby exemptedits byenabling s.statutes.

120.81(1)(e)(2) andIf (2),an andagency itsdetermines accompanyingafter material,review andthat eachsubstantive Pagechanges 32to of43update CODING:a rule are not required, such agency must repromulgate the rule to reflect the date of the review.

All rules adopted or repromulgated on or after July 1, 2022, must be reviewed within 5 years after their respective dates of adoption or repromulgation.

Each agency must review its existing rules in accordance with this section by July 1, 2027.

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

In the event of such a failure, the committee shall notify the Department of State that Page 36 of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 emergencythe rule,agency, andby mayits examinefailure anyto existingrepromulgate the affected rule, forhas theelected purposeto ofrepeal determiningthe whether: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:

(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 must 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 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 Page 37 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 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 rule is repromulgated upon its filing with the Department of State.

(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:

120.545 Committee review of agency rules.— (1) As a legislative check on legislatively created authority, the committee shall examine each existing rule and proposed rule, except for those proposed rules exempted by s.

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

(b) The statutory authority for the rule has been repealed.Page 38 of53 CODING:

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words underlined are additions.

hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 repealed.

120.541 and whether the rule does not impose regulatory costs on the regulated person, Pagecounty, 33or of43city CODING:which could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives.

Words strickenare deletions;

words underlined are additions.

hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 county, or city which could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives.

(l) If the rule is an emergency rule, there exists an emergencyPage justifying39 theof53 adoptionCODING: of such rule, the agency is within its statutory authority, and the rule was adopted in compliance with the requirements and limitations of s.

120.54(4).

(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 Page 34 of43 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 statementemergency detailingjustifying the committee'sadoption objectionsof tosuch rule, the rule.agency is within its statutory authority, and the rule was adopted in compliance with the requirements and limitations of s.

Section120.54(4). 5.

Section 6.

The Florida AdministrativePage Register40 shallof53 beCODING: published once daily by 8 a.m.

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

Page 35 of43 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 a.Administrative Code shall be published once daily by 8 a.m.

ThatIf, after publication, a rule is corrected and replaced, the Florida Administrative RegisterCode hasshall beenindicate: republished.

a.

That the Florida Administrative Code has been republished.

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, a listing of all forms and material incorporated by reference adoptedPage by41 ruleof53 whichCODING: are used by the agency, and a statement as to where those rules may be inspected.

4.

Not publish forms shall not be published in the Florida Page 36 of43 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 Administrativeadopted Code.by rule which are used by the agency, and a statement as to where those rules may be inspected.

4.

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

Require all materials incorporated by reference in any part of an adopted rule and in any part of a repromulgated rule, after December 31, 2022, The department shall allow adopted rules and material incorporated by reference to be filed in the manner prescribed by s.

or b.s.

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 AdministrativePage Code42 onof53 itsCODING: 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 Page 37 of43 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 filedAdministrative withCode andon maintainedits bywebsite themust department,contain buta mayhyperlink allowfrom hyperlinksthe toincorporating incorporatedreference materialin maintained by the departmentrule fromdirectly theto adoptingthat agency'smaterial. website or other sites.

The department may not allow hyperlinks from rules in the Florida Administrative Code to any material other than that 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.

Section 6.7.

Subsection (1),(1) and paragraph (a) of subsection (2),(2) and subsection (8) of section 120.74, Florida Statutes, are amended to read:

(a) The plan must include a listing of each law enacted or amendedPage during43 theof53 previousCODING: 12 months which creates or modifies the duties or authority of the agency.

If the Governor or the Attorney General provides a letter to the committee stating that Page 38 of43 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 aamended lawduring affectsthe allprevious or12 mostmonths agencies,which thecreates agencyor maymodifies exclude the lawduties fromor itsauthority plan.of the agency.

If the Governor or the Attorney General provides a letter to the committee stating that a law affects all or most agencies, the agency may exclude the law from its plan.

For each rule identified and 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 Page 3944 of43of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 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.

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

The120.5435 plan must include a schedule for the agency12-month toperiod reviewbeginning itson rulesOctober for1 consistency with the powers and dutiesending grantedon bySeptember their30. enabling statutes in accordance with this paragraph.

Each(e) agencyThe plan must reviewinclude alla of5-year itsschedule rulesfor existingthe beforereview Julyand 1,repromulgation 2022,of inall accordancerules withexisting thisas paragraphof by July 1, 2027.2022.

All rules adopted on or after July 1, 2022, and all existing rules reviewed initially by July 1, 2027, shall be reviewed every 10 years after their respective dates of adoption Page 4045 of43of53 CODING:

hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 (f) The plan must include a list of all statutes and laws, or review.parts thereof, which grant duplicative, redundant, or unused rulemaking authority, as set out in s.

This11.242(5)(j), scheduleand shalla berecommendation updatedas on an annual basis to ensurewhat thatstatutes, alllaws, rulesor areparts reviewedthereof, everyshould 10be yearsrepealed. after their respective dates of adoption or review.

2.

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

The index must indicate:

a.

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

b.

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

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

c.

The rules reviewed pursuant to this paragraph that will be repealed in their entirety because they do not have enabling statutes.

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 which statutes and laws, or parts thereof, should be repealed.

(e)(d)(g)(d) The plan must include a certification executed on Pagebehalf 41of of43the CODING:agency by both the agency head, or, if the agency head is a collegial body, the presiding officer;

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words underlined are additions.

hb0337-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337 2022 behalf of the agency by both the agency head, or, if the agency head is a collegial body, the presiding officer;

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 reducinglowering the total number of regulatoryrules requirementsadopted. consistent with the agency's rulemaking authority and the laws implemented.

5.Page 46 of53 CODING:

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.

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hb0337-02-c2hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB337CS/HB337 2022 (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.— (a) By October 1 of each year, each agency shall:

Electronically deliver to the committee a copy of the certification required in paragraph (1)(e)(1)(g) (1)(d).

(8)Section FAILURE8. 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 deliver a written explanation of the reasons for noncompliance to 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.

SectionSubsection 7.(11) of section 120.80, Florida Statutes, is amended to read:

120.80 Exceptions and special requirements;

agencies.— (11) NATIONAL GUARD.—Notwithstanding s.

120.52(17) s.

120.52(16), the enlistment, organization, administration, equipment, maintenance, training, and discipline of the militia, National Guard, organized militia, and unorganized militia, as provided by s.

2, Art.

X of the State Constitution, are not rules as defined by this chapter.

Section 9.

Paragraph (c) of subsection (1) of section 120.81, Florida Statutes, is amended to read:

120.81 Exceptions and special requirements;

general Page 47 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 areas.— (1) EDUCATIONAL UNITS.— (c) Notwithstanding s.

120.52(17) s.

120.52(16), any tests, test scoring criteria, or testing procedures relating to student assessment which are developed or administered by the Department of Education pursuant 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 private resources to conserve and improve existing housing and provide new housing for very-low-income households, low-income households, and moderate-income households.

The Legislature intends to encourage partnerships in order to secure the Page 48 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 benefits of cooperation by the public and private sectors and to reduce the cost of housing for the target group by effectively combining all available resources and cost-saving measures.

The Legislature further intends that local governments achieve this combination of resources by encouraging active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons, and community groups to produce affordable housing and provide related services.

Extending the partnership concept to encompass cooperative efforts among small counties as defined in s.

120.52 s.

120.52(19), and among counties and municipalities is specifically encouraged.

Local governments are also intended to establish an affordable housing advisory committee to recommend monetary and nonmonetary incentives for affordable housing as provided in s.

420.9076.

Section 11.

Subsection (7) of section 420.9075, Florida Statutes, is amended to read:

420.9075 Local housing assistance plans;

partnerships.— (7) The moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan.

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 49 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan.

The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s.

120.52 s.

120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs.

Section 12.

Paragraph (d) of subsection (1) of section 443.091, Florida Statutes, is amended to read:

443.091 Benefit eligibility conditions.— (1) An unemployed individual is eligible to receive benefits for any week only if the Department of Economic Opportunity finds that:

(d) She or he is able to work and is available for work.

In order to assess eligibility for a claimed week of unemployment, the department shall develop criteria to determine a claimant's ability to work and availability for work.

A claimant must be actively seeking work in order to be considered available for 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 Page 50 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 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 initial contact that the employer is hiring.

The department shall conduct random reviews of work search information provided by claimants.

As an alternative to contacting at least five prospective employers for any week of unemployment claimed, a claimant may, for that same week, report in person to a one-stop career center to meet with a representative of the center and access reemployment services of the center.

The center 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 Page 51 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 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 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.

120.52(19), a claimant engaging in systematic and sustained efforts to find work must contact at least three prospective Page 52 of53 CODING:

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hb0337-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB337 2022 employers for each week of unemployment claimed.

7.

The work search requirements of this paragraph do not apply to persons required to participate in reemployment services under paragraph (e).

Section 13.

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hb0337-02-c2hb0337-01-c1