Florida Senate - 2020 SB 1238 By Senator Diaz 36-01237-20 20201238__ Page 1 of 21 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to regulatory reform; creating s. 2 14.35, F.S.; establishing the Red Tape Reduction 3 Advisory Council within the Executive Office of the 4 Governor; providing for membership and terms; 5 providing for meetings and organization of the 6 council; specifying that members serve without 7 compensation; authorizing reimbursement for per diem 8 and travel expenses; specifying required activities of 9 the council; requiring an annual report; amending s. 10 120.52, F.S.; providing

definitions; amending s. 11 120.54, F.S.; requiring an agency adopting a rule to 12 submit a rule replacement request to the 13 Administrative Procedures Committee; requiring a rule 14 development or adoption notice to include a rule 15 proposed for repeal, if necessary to maintain the 16 regulatory baseline; providing that a rule repeal 17 necessary to maintain the regulatory baseline is 18 effective at the same time as the proposed rule; 19 amending s. 120.545, F.S.; requiring the committee to 20 examine rule replacement requests and existing rules; 21 requiring the committee to determine whether a rule 22 replacement request complies with certain requirements 23 and whether adoption of a rule, other than an 24 emergency rule, will exceed the regulatory baseline; 25 creating s. 120.546, F.S.; requiring the 26 Administrative Procedures Committee to establish a 27 regulatory baseline of agency rules; providing that a 28 proposed rule may not cause the total number of rules 29

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 2 of 21 CODING: Words stricken are deletions; words underlined are additions. to exceed the regulatory baseline; requiring an agency 30 proposing a rule to submit a rule replacement request 31 to the committee; authorizing an agency to request an 32 exemption; prohibiting the committee from approving 33 exemption requests or certain rule replacement 34 requests until certain conditions are met; requiring 35 an annual report; amending s. 120.55, F.S.; requiring 36 the inclusion of certain information and a specified 37 report in the Florida Administrative Code; amending s. 38 120.74, F.S.; requiring an agency regulatory plan to 39 include identification of certain rules; conforming a 40 cross-reference; amending ss. 120.80, 120.81, 41 420.9072, 420.9075, and 443.091, F.S.; conforming 42 cross-references; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46

Section

Section 14.35, Florida Statutes, is created to 47 read: 48 14.35 Red Tape Reduction Advisory Council.— 49

(1) ESTABLISHMENT OF THE COUNCIL.— 50 (

a) The Red Tape Reduction Advisory Council, an advisory 51 council as defined in s. 20.03, is established and 52 administratively housed within the Executive Office of the 53 Governor. 54 (

b) The council shall consist of the following nine 55 members, who must be residents of the state: 56 1. Five members appointed by the Governor. 57 2. Two members appointed by the President of the Senate. 58

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 3 of 21 CODING: Words stricken are deletions; words underlined are additions. 3. Two members appointed by the Speaker of the House of 59 Representatives. 60 (

c) Each member shall be appointed to a 4-year term. 61 However, for the purpose of achieving staggered terms, the 62 members initially appointed by the Governor shall each serve a 63 2-year term. All subsequent appointments shall be for 4-year 64 terms. A vacancy shall be filled in the same manner as the 65 original appointment for the remainder of the unexpired term. A 66 member may be reappointed, except that a member may not serve 67 more than 8 consecutive years. 68

(2) MEETINGS; ORGANIZATION.— 69 (

a) The members shall elect a chair and a vice chair at the 70 first meeting of the council. 71 (

b) The first meeting of the council shall be held by 72 August 1, 2020. Thereafter, the council shall meet at the call 73 of the chair at least once per quarter, per calendar year. 74 (

c) A majority of the members of the council constitutes a 75 quorum. 76 (

d) A member may not receive a commission, fee, or 77 financial benefit in connection with serving on the council but 78 may be reimbursed for per diem and travel expenses pursuant to 79 s. 112.061. 80

(3) SCOPE OF ACTIVITIES.—The council shall: 81 (

a) Annually review the Florida Administrative Code to 82 determine whether any rules: 83 1. Are duplicative or obsolete. 84 2. Are especially burdensome to business within the state. 85 3. Disproportionately affect businesses with fewer than 100 86 employees. 87

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 4 of 21 CODING: Words stricken are deletions; words underlined are additions. 4. Disproportionately affect businesses with less than $5 88 million in annual revenue. 89 90 If the council determines that a rule meets at least one of the 91 criteria in this paragraph and can be repealed or amended with 92 minimal impact on public health, safety, and welfare, the 93 council shall recommend repealing or amending the rule. 94 (

b) Provide an annual report of the council’s 95 recommendations to the Governor, the President of the Senate, 96 and the Speaker of the House of Representatives and to the 97 Administrative Procedures Committee for publication in the 98 Florida Administrative Code. 99

Section 2. Present subsection (16) of

section 120.52, 100 Florida Statutes, is renumbered as subsection (17), present 101 subsections (17) through (22) are renumbered as subsections (19) 102 through (24), respectively, and new subsections (16) and (18) 103 are added to that section, to read: 104 120.52

Definitions.—As used in this act: 105 (16) “Regulatory baseline” means the total number of agency 106 rules that are in effect on January 1, 2021, as determined by 107 the committee pursuant to s. 120.546(1). 108 (18) “Rule replacement request” means a request by an 109 agency to create a rule after the establishment of the 110 regulatory baseline by proposing to repeal one or more existing 111 rules to maintain the regulatory baseline. 112

Section 3. Paragraphs (

b) through (

k) of subsection (1) of 113

section 120.54, Florida Statutes, are redesignated as paragraphs 114 (

c) through (l), respectively, a new paragraph (

b) is added to 115 that subsection, and paragraph (

a) of subsection (2) and 116

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a) and (

e) of subsection (3) are amended, to read: 117 120.54 Rulemaking.— 118

(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 119 EMERGENCY RULES.— 120 (

b) An agency adopting a rule that would otherwise exceed 121 the regulatory baseline must submit a rule replacement request 122 to the committee pursuant to s. 120.546(2). 123

(2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.— 124 (

a) Except when the intended action is the repeal of a 125 rule, agencies shall provide notice of the development of 126 proposed rules by publication of a notice of rule development in 127 the Florida Administrative Register before providing notice of a 128 proposed rule as required by paragraph (3)(a).

The notice of 129 rule development shall indicate the subject area to be addressed 130 by rule development, provide a short, plain explanation of the 131 purpose and effect of the proposed rule, cite the specific legal 132 authority for the proposed rule, identify the rule or rules 133 proposed to be repealed, if such repeal is necessary to maintain 134 the regulatory baseline pursuant to s. 120.546(2), and include 135 the preliminary text of the proposed rules, if available, or a 136 statement of how a person may promptly obtain, without cost, a 137 copy of any preliminary draft, if available. 138

(3) ADOPTION PROCEDURES.— 139 (

a) Notices.— 140 1. Before Prior to the adoption, amendment, or repeal of 141 any rule other than an emergency rule, an agency, upon approval 142 of the agency head, shall give notice of its intended action, 143 setting forth a short, plain explanation of the purpose and 144 effect of the proposed action; the full text of the proposed 145

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 6 of 21 CODING: Words stricken are deletions; words underlined are additions. rule or amendment and a

summary thereof; a reference to the 146 grant of rulemaking authority pursuant to which the rule is 147 adopted; and a reference to the

section or subsection of the 148 Florida Statutes or the Laws of Florida being implemented or 149 interpreted; and a reference to the rule proposed for repeal, if 150 such repeal is necessary to maintain the regulatory baseline 151 pursuant to s. 120.546(2). The notice must include a

summary of 152 the agency’s statement of the estimated regulatory costs, if one 153 has been prepared, based on the factors set forth in s. 154 120.541(2); a statement that any person who wishes to provide 155 the agency with information regarding the statement of estimated 156 regulatory costs, or to provide a proposal for a lower cost 157 regulatory alternative as provided by s. 120.541(1), must do so 158 in writing within 21 days after publication of the notice; and a 159 statement as to whether, based on the statement of the estimated 160 regulatory costs or other information expressly relied upon and 161 described by the agency if no statement of regulatory costs is 162 required, the proposed rule is expected to require legislative 163 ratification pursuant to s. 120.541(3).

The notice must state 164 the procedure for requesting a public hearing on the proposed 165 rule. Except when the intended action is the repeal of a rule, 166 the notice must include a reference both to the date on which 167 and to the place where the notice of rule development that is 168 required by subsection (2) appeared. 169 2. The notice shall be published in the Florida 170 Administrative Register not less than 28 days before prior to 171 the intended action. The proposed rule shall be available for 172 inspection and copying by the public at the time of the 173 publication of notice. 174

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 7 of 21 CODING: Words stricken are deletions; words underlined are additions. 3. The notice shall be mailed to all persons named in the 175 proposed rule and to all persons who, at least 14 days before 176 prior to such mailing, have made requests of the agency for 177 advance notice of its proceedings. The agency shall also give 178 such notice as is prescribed by rule to those particular classes 179 of persons to whom the intended action is directed. 180 4.

The adopting agency shall file with the committee, at 181 least 21 days before prior to the proposed adoption date, a copy 182 of each rule it proposes to adopt; a copy of any material 183 incorporated by reference in the rule; a detailed written 184 statement of the facts and circumstances justifying the proposed 185 rule; a copy of any statement of estimated regulatory costs that 186 has been prepared pursuant to s. 120.541; a statement of the 187 extent to which the proposed rule relates to federal standards 188 or rules on the same subject; and the notice required by 189 subparagraph 1. 190 (

e) Filing for final adoption; effective date.— 191 1. If the adopting agency is required to publish its rules 192 in the Florida Administrative Code, the agency, upon approval of 193 the agency head, shall file with the Department of State three 194 certified copies of the rule it proposes to adopt; one copy of 195 any material incorporated by reference in the rule, certified by 196 the agency; a

summary of the rule; a

summary of any hearings 197 held on the rule; and a detailed written statement of the facts 198 and circumstances justifying the rule. Agencies not required to 199 publish their rules in the Florida Administrative Code shall 200 file one certified copy of the proposed rule, and the other 201 material required by this subparagraph, in the office of the 202 agency head, and such rules shall be open to the public. 203

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A rule may not be filed for adoption less than 28 days 204 or more than 90 days after the notice required by paragraph (a), 205 until 21 days after the notice of change required by paragraph 206 (d), until 14 days after the final public hearing, until 21 days 207 after a statement of estimated regulatory costs required under 208 s. 120.541 has been provided to all persons who submitted a 209 lower cost regulatory alternative and made available to the 210 public, or until the administrative law judge has rendered a 211 decision under s. 120.56(2), whichever applies.

When a required 212 notice of change is published before prior to the expiration of 213 the time to file the rule for adoption, the period during which 214 a rule must be filed for adoption is extended to 45 days after 215 the date of publication.

If notice of a public hearing is 216 published before prior to the expiration of the time to file the 217 rule for adoption, the period during which a rule must be filed 218 for adoption is extended to 45 days after adjournment of the 219 final hearing on the rule, 21 days after receipt of all material 220 authorized to be submitted at the hearing, or 21 days after 221 receipt of the transcript, if one is made, whichever is latest. 222 The term “public hearing” includes any public meeting held by 223 any agency at which the rule is considered.

If a petition for an 224 administrative determination under s. 120.56(2) is filed, the 225 period during which a rule must be filed for adoption is 226 extended to 60 days after the administrative law judge files the 227 final order with the clerk or until 60 days after subsequent 228 judicial review is complete. 229 3. At the time a rule is filed, the agency shall certify 230 that the time limitations prescribed by this paragraph have been 231 complied with, that all statutory rulemaking requirements have 232

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 9 of 21 CODING: Words stricken are deletions; words underlined are additions. been met, and that there is no administrative determination 233 pending on the rule. 234 4. At the time a rule is filed, the committee shall certify 235 whether the agency has responded in writing to all material and 236 timely written comments or written inquiries made on behalf of 237 the committee.

The department shall reject any rule that is not 238 filed within the prescribed time limits; that does not comply 239 with all statutory rulemaking requirements and rules of the 240 department; upon which an agency has not responded in writing to 241 all material and timely written inquiries or written comments; 242 upon which an administrative determination is pending; or which 243 does not include a statement of estimated regulatory costs, if 244 required. 245 5.

If a rule has not been adopted within the time limits 246 imposed by this paragraph or has not been adopted in compliance 247 with all statutory rulemaking requirements, the agency proposing 248 the rule shall withdraw the rule and give notice of its action 249 in the next available issue of the Florida Administrative 250 Register. 251 6.

The proposed rule shall be adopted on being filed with 252 the Department of State and become effective 20 days after being 253 filed, on a later date specified in the notice required by 254 subparagraph (a)1., on a date required by statute, or upon 255 ratification by the Legislature pursuant to s. 120.541(3). Rules 256 not required to be filed with the Department of State shall 257 become effective when adopted by the agency head, on a later 258 date specified by rule or statute, or upon ratification by the 259 Legislature pursuant to s. 120.541(3).

If the committee notifies 260 an agency that an objection to a rule is being considered, the 261

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 10 of 21 CODING: Words stricken are deletions; words underlined are additions. agency may postpone the adoption of the rule to accommodate 262 review of the rule by the committee. When an agency postpones 263 adoption of a rule to accommodate review by the committee, the 264 90-day period for filing the rule is tolled until the committee 265 notifies the agency that it has completed its review of the 266 rule. 267 7.

If a rule must be repealed to maintain the regulatory 268 baseline pursuant to s. 120.546(2), the repeal shall take effect 269 at the same time as the proposed rule takes effect. 270 271 For the purposes of this paragraph, the term “administrative 272 determination” does not include subsequent judicial review. 273

Section 4. Subsection (1) of

section 120.545, Florida 274 Statutes, is amended to read: 275 120.545 Committee review of agency rules.— 276

(1) As a legislative check on legislatively created 277 authority, the committee shall examine each proposed rule, 278 except for those proposed rules exempted by s. 120.81(1)(

e) and 279 (2), and its accompanying material, including, but not limited 280 to, the rule replacement request, and each emergency rule, and, 281 every 4 years, each may examine any existing rule, for the 282 purpose of determining whether: 283 (

a) The rule is an invalid exercise of delegated 284 legislative authority. 285 (

b) The statutory authority for the rule has been repealed. 286 (

c) The rule reiterates or paraphrases statutory material. 287 (

d) The rule is in proper form. 288 (

e) The notice given before prior to its adoption was 289 sufficient to give adequate notice of the purpose and effect of 290

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f) The rule is consistent with expressed legislative 292 intent pertaining to the specific provisions of law which the 293 rule implements. 294 (

g) The rule is necessary to accomplish the apparent or 295 expressed objectives of the specific provision of law which the 296 rule implements. 297 (

h) The rule is a reasonable implementation of the law as 298 it affects the convenience of the general public or persons 299 particularly affected by the rule. 300 (

i) The rule could be made less complex or more easily 301 comprehensible to the general public. 302 (

j) The rule’s statement of estimated regulatory costs 303 complies with the requirements of s. 120.541 and whether the 304 rule does not impose regulatory costs on the regulated person, 305 county, or city which could be reduced by the adoption of less 306 costly alternatives that substantially accomplish the statutory 307 objectives. 308 (

k) The rule will require additional appropriations. 309 (

l) If the rule is an emergency rule, there exists an 310 emergency justifying the adoption of such rule, the agency is 311 within its statutory authority, and the rule was adopted in 312 compliance with the requirements and limitations of s. 313 120.54(4). 314 (

m) The rule replacement request complies with the 315 requirements of s. 120.546(2)(b). 316 (

n) Adoption of the rule will cause the total number of 317 rules to exceed the regulatory baseline. This paragraph does not 318 apply to an emergency rule. 319

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Section

Section 120.546, Florida Statutes, is created to 320 read: 321 120.546 Regulatory baseline.— 322

(1) ESTABLISHMENT OF BASELINE.—The committee shall review 323 the Florida Administrative Code to determine the total number of 324 rules that are in effect and shall use this number to establish 325 the regulatory baseline by January 1, 2021. 326

(2) LIMITATION ON PROPOSED RULES; RULE REPLACEMENT 327 REQUEST.— 328 (

a) A proposed rule may not cause the total number of rules 329 to exceed the regulatory baseline. 330 (

b) An agency proposing a rule is required to submit a rule 331 replacement request to the committee. Each rule replacement 332 request must include the following: 333 1. The proposed rule and the law authorizing such rule. 334 2. The purpose of the proposed rule. 335 3. The rule to be repealed to maintain the regulatory 336 baseline. 337 (

c) The committee shall examine each proposed rule and the 338 accompanying rule replacement request as provided in s. 120.545. 339 (

d) The committee may approve a rule replacement request 340 only after the proposed rule and the rule replacement request 341 have been reviewed pursuant to s. 120.545 and the committee 342 determines that the proposed rule does not cause the total 343 number of rules to exceed the regulatory baseline. 344 (

e) An agency may request an exemption from the prohibition 345 in paragraph (

a) by submitting an exemption request with the 346 rule replacement request. An exemption request must include a 347 detailed explanation of the reasons why the proposed rule should 348

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 13 of 21 CODING: Words stricken are deletions; words underlined are additions. be exempt from the prohibition in paragraph (a), including the 349 reasons why the rule is necessary to protect public health, 350 safety, and welfare. 351 (

f) The committee may not approve an exemption request or a 352 rule replacement request that provides fewer than two rules for 353 repeal or replacement until the total number of rules is 35 354 percent below the regulatory baseline. 355

(3) ANNUAL REPORT.—Beginning November 1, 2021, the 356 committee shall submit an annual report providing the percentage 357 reduction in the total number of rules compared to the 358 regulatory baseline to the Governor, the President of the 359 Senate, and the Speaker of the House of Representatives. 360

Section 6. Paragraph (

a) of subsection (1) of

section 361 120.55, Florida Statutes, is amended to read: 362 120.55 Publication.— 363

(1) The Department of State shall: 364 (a)1.

Through a continuous revision and publication system, 365 compile and publish electronically, on a website managed by the 366 department, the “Florida Administrative Code.” The Florida 367 Administrative Code shall contain the regulatory baseline, all 368 changes made to the total number of rules since the 369 establishment of the regulatory baseline, all rules adopted by 370 each agency, citing the grant of rulemaking authority and the 371 specific law implemented pursuant to which each rule was 372 adopted, a plain language description of the purpose of each 373 rule, all history notes as authorized in s. 120.545(7), complete 374 indexes to all rules contained in the code, the annual report 375 provided by the Red Tape Reduction Advisory Council, and any 376 other material required or authorized by law or deemed useful by 377

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 14 of 21 CODING: Words stricken are deletions; words underlined are additions. the department. The electronic code shall display each rule 378

chapter currently in effect in browse mode and allow full text 379 search of the code and each rule chapter. The department may 380 contract with a publishing firm for a printed publication; 381 however, the department shall retain responsibility for the code 382 as provided in this section. The electronic publication shall be 383 the official compilation of the administrative rules of this 384 state. The Department of State shall retain the copyright over 385 the Florida Administrative Code. 386 2. Rules general in form but applicable to only one school 387 district, community college district, or county, or a

part 388 thereof, or state university rules relating to internal 389 personnel or business and finance shall not be published in the 390 Florida Administrative Code. Exclusion from publication in the 391 Florida Administrative Code shall not affect the validity or 392 effectiveness of such rules. 393 3. At the beginning of the

section of the code dealing with 394 an agency that files copies of its rules with the department, 395 the department shall publish the address and telephone number of 396 the executive offices of each agency, the manner by which the 397 agency indexes its rules, a listing of all rules of that agency 398 excluded from publication in the code, and a statement as to 399 where those rules may be inspected. 400 4.

Forms shall not be published in the Florida 401 Administrative Code; but any form which an agency uses in its 402 dealings with the public, along with any accompanying 403 instructions, shall be filed with the committee before it is 404 used. Any form or instruction which meets the definition of 405 “rule” provided in s. 120.52 shall be incorporated by reference 406

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 15 of 21 CODING: Words stricken are deletions; words underlined are additions. into the appropriate rule. The reference shall specifically 407 state that the form is being incorporated by reference and shall 408 include the number, title, and effective date of the form and an 409 explanation of how the form may be obtained. Each form created 410 by an agency which is incorporated by reference in a rule notice 411 of which is given under s. 120.54(3)(

a) after December 31, 2007, 412 must clearly display the number, title, and effective date of 413 the form and the number of the rule in which the form is 414 incorporated. 415 5. The department shall allow adopted rules and material 416 incorporated by reference to be filed in electronic form as 417 prescribed by department rule. When a rule is filed for adoption 418 with incorporated material in electronic form, the department’s 419 publication of the Florida Administrative Code on its website 420 must contain a hyperlink from the incorporating reference in the 421 rule directly to that material.

The department may not allow 422 hyperlinks from rules in the Florida Administrative Code to any 423 material other than that filed with and maintained by the 424 department, but may allow hyperlinks to incorporated material 425 maintained by the department from the adopting agency’s website 426 or other sites. 427

Section 7. Present paragraph (

d) of subsection (1) of 428

section 120.74, Florida Statutes, is redesignated as paragraph 429 (e), a new paragraph (

d) is added to that subsection, and 430 paragraph (

a) of subsection (2) is amended, to read: 431 120.74 Agency annual rulemaking and regulatory plans; 432 reports.— 433

(1) REGULATORY PLAN.—By October 1 of each year, each agency 434 shall prepare a regulatory plan. 435

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d) The plan must include an identification of existing 436 rules that may be appropriate for future repeal to maintain or 437 reduce the regulatory baseline pursuant to s. 120.546(2). 438

(2) PUBLICATION AND DELIVERY TO THE COMMITTEE.— 439 (

a) By October 1 of each year, each agency shall: 440 1. Publish its regulatory plan on its website or on another 441 state website established for publication of administrative law 442 records. A clearly labeled hyperlink to the current plan must be 443 included on the agency’s primary website homepage. 444 2. Electronically deliver to the committee a copy of the 445 certification required in paragraph (1)(e) (1)(d). 446 3. Publish in the Florida Administrative Register a notice 447 identifying the date of publication of the agency’s regulatory 448 plan. The notice must include a hyperlink or website address 449 providing direct access to the published plan. 450

Section 8. Subsection (11) of

section 120.80, Florida 451 Statutes, is amended to read: 452 120.80 Exceptions and special requirements; agencies.— 453

(11) NATIONAL GUARD.—Notwithstanding s. 120.52(17) s. 454 120.52(16), the enlistment, organization, administration, 455 equipment, maintenance, training, and discipline of the militia, 456 National Guard, organized militia, and unorganized militia, as 457 provided by s. 2, Art. X of the State Constitution, are not 458 rules as defined by this chapter. 459

Section 9. Paragraph (

c) of subsection (1) of

section 460 120.81, Florida Statutes, is amended to read: 461 120.81 Exceptions and special requirements; general areas.— 462

(1) EDUCATIONAL UNITS.— 463 (

c) Notwithstanding s. 120.52(17) s. 120.52(16), any tests, 464

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 17 of 21 CODING: Words stricken are deletions; words underlined are additions. test scoring criteria, or testing procedures relating to student 465 assessment which are developed or administered by the Department 466 of Education pursuant to s. 1003.4282, s. 1008.22, or s. 467 1008.25, or any other statewide educational tests required by 468 law, are not rules. 469

Section 10. Paragraph (

a) of subsection (1) of

section 470 420.9072, Florida Statutes, is amended to read: 471 420.9072 State Housing Initiatives Partnership Program.—The 472 State Housing Initiatives Partnership Program is created for the 473 purpose of providing funds to counties and eligible 474 municipalities as an incentive for the creation of local housing 475 partnerships, to expand production of and preserve affordable 476 housing, to further the housing element of the local government 477 comprehensive plan specific to affordable housing, and to 478 increase housing-related employment. 479 (1)(

a) In addition to the legislative findings set forth in 480 s. 420.6015, the Legislature finds that affordable housing is 481 most effectively provided by combining available public and 482 private resources to conserve and improve existing housing and 483 provide new housing for very-low-income households, low-income 484 households, and moderate-income households.

The Legislature 485 intends to encourage partnerships in order to secure the 486 benefits of cooperation by the public and private sectors and to 487 reduce the cost of housing for the target group by effectively 488 combining all available resources and cost-saving measures. The 489 Legislature further intends that local governments achieve this 490 combination of resources by encouraging active partnerships 491 between government, lenders, builders and developers, real 492 estate professionals, advocates for low-income persons, and 493

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 18 of 21 CODING: Words stricken are deletions; words underlined are additions. community groups to produce affordable housing and provide 494 related services. Extending the partnership concept to encompass 495 cooperative efforts among small counties as defined in s. 120.52 496 s. 120.52(19), and among counties and municipalities is 497 specifically encouraged. Local governments are also intended to 498 establish an affordable housing advisory committee to recommend 499 monetary and nonmonetary incentives for affordable housing as 500 provided in s. 420.9076. 501

Section 11. Subsection (7) of

section 420.9075, Florida 502 Statutes, is amended to read: 503 420.9075 Local housing assistance plans; partnerships.— 504

(7) The moneys deposited in the local housing assistance 505 trust fund shall be used to administer and implement the local 506 housing assistance plan. The cost of administering the plan may 507 not exceed 5 percent of the local housing distribution moneys 508 and program income deposited into the trust fund.

A county or an 509 eligible municipality may not exceed the 5-percent limitation on 510 administrative costs, unless its governing body finds, by 511 resolution, that 5 percent of the local housing distribution 512 plus 5 percent of program income is insufficient to adequately 513 pay the necessary costs of administering the local housing 514 assistance plan.

The cost of administering the program may not 515 exceed 10 percent of the local housing distribution plus 5 516 percent of program income deposited into the trust fund, except 517 that small counties, as defined in s. 120.52 s. 120.52(19), and 518 eligible municipalities receiving a local housing distribution 519 of up to $350,000 may use up to 10 percent of program income for 520 administrative costs. 521

Section 12. Paragraph (

d) of subsection (1) of

section 522

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 19 of 21 CODING: Words stricken are deletions; words underlined are additions. 443.091, Florida Statutes, is amended to read: 523 443.091 Benefit eligibility conditions.— 524

(1) An unemployed individual is eligible to receive 525 benefits for any week only if the Department of Economic 526 Opportunity finds that: 527 (

d) She or he is able to work and is available for work. In 528 order to assess eligibility for a claimed week of unemployment, 529 the department shall develop criteria to determine a claimant’s 530 ability to work and availability for work. A claimant must be 531 actively seeking work in order to be considered available for 532 work. This means engaging in systematic and sustained efforts to 533 find work, including contacting at least five prospective 534 employers for each week of unemployment claimed.

The department 535 may require the claimant to provide proof of such efforts to the 536 one-stop career center as part of reemployment services. A 537 claimant’s proof of work search efforts may not include the same 538 prospective employer at the same location in 3 consecutive 539 weeks, unless the employer has indicated since the time of the 540 initial contact that the employer is hiring. The department 541 shall conduct random reviews of work search information provided 542 by claimants.

As an alternative to contacting at least five 543 prospective employers for any week of unemployment claimed, a 544 claimant may, for that same week, report in person to a one-stop 545 career center to meet with a representative of the center and 546 access reemployment services of the center. The center shall 547 keep a record of the services or information provided to the 548 claimant and shall provide the records to the department upon 549 request by the department. However: 550 1. Notwithstanding any other provision of this paragraph or 551

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b) and (e), an otherwise eligible individual may not 552 be denied benefits for any week because she or he is in training 553 with the approval of the department, or by reason of s. 554 443.101(2) relating to failure to apply for, or refusal to 555 accept, suitable work. Training may be approved by the 556 department in accordance with criteria prescribed by rule. A 557 claimant’s eligibility during approved training is contingent 558 upon satisfying eligibility conditions prescribed by rule. 559 2.

Notwithstanding any other provision of this chapter, an 560 otherwise eligible individual who is in training approved under 561 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 562 determined ineligible or disqualified for benefits due to 563 enrollment in such training or because of leaving work that is 564 not suitable employment to enter such training.

As used in this 565 subparagraph, the term “suitable employment” means work of a 566 substantially equal or higher skill level than the worker’s past 567 adversely affected employment, as defined for purposes of the 568 Trade Act of 1974, as amended, the wages for which are at least 569 80 percent of the worker’s average weekly wage as determined for 570 purposes of the Trade Act of 1974, as amended. 571 3.

Notwithstanding any other provision of this section, an 572 otherwise eligible individual may not be denied benefits for any 573 week because she or he is before any state or federal court 574 pursuant to a lawfully issued summons to appear for jury duty. 575 4. Union members who customarily obtain employment through 576 a union hiring hall may satisfy the work search requirements of 577 this paragraph by reporting daily to their union hall. 578 5. The work search requirements of this paragraph do not 579 apply to persons who are unemployed as a result of a temporary 580

Florida Senate - 2020 SB 1238 36-01237-20 20201238__ Page 21 of 21 CODING: Words stricken are deletions; words underlined are additions. layoff or who are claiming benefits under an approved short-time 581 compensation plan as provided in s. 443.1116. 582 6. In small counties as defined in s. 120.52 s. 120.52(19), 583 a claimant engaging in systematic and sustained efforts to find 584 work must contact at least three prospective employers for each 585 week of unemployment claimed. 586 7. The work search requirements of this paragraph do not 587 apply to persons required to participate in reemployment 588 services under paragraph (e). 589

Section 13. This act shall take effect July 1, 2020. 590