Bill Text: FL S1268 | 2018 | Regular Session | Introduced
Bill Title: Regulatory Reform
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Governmental Oversight and Accountability [S1268 Detail]
Download: Florida-2018-S1268-Introduced.html
Florida Senate - 2018 SB 1268 By Senator Perry 8-01117-18 20181268__ 1 A bill to be entitled 2 An act relating to regulatory reform; creating s. 3 14.35, F.S.; establishing the Red Tape Reduction 4 Advisory Council within the Executive Office of the 5 Governor; providing for membership and terms; 6 providing for meetings and organization of the 7 council; specifying that members serve without 8 compensation; providing for per diem and travel 9 expenses; specifying required activities of the 10 council; requiring an annual report; amending s. 11 120.52, F.S.; providing definitions; amending s. 12 120.54, F.S.; requiring an agency adopting a rule to 13 submit a rule replacement request to the 14 Administrative Procedures Committee; requiring a rule 15 development or adoption notice to include a rule 16 proposed for repeal; 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 23 requirements; requiring the committee to determine 24 whether adoption of a rule other than an emergency 25 rule will cause the total number of rules to exceed 26 the regulatory baseline; creating s. 120.546, F.S.; 27 requiring the Administrative Procedures Committee to 28 establish a regulatory baseline of agency rules; 29 providing that a proposed rule may not cause the total 30 number of rules to exceed the regulatory baseline; 31 requiring an agency proposing a rule to submit a rule 32 replacement request to the committee; authorizing an 33 agency to request an exemption; providing that a rule 34 replacement request or an exemption request may not be 35 approved until the initial regulatory baseline has 36 been reduced by a specified amount; requiring an 37 annual report; amending s. 120.55, F.S.; requiring the 38 inclusion of certain information and a specified 39 report in the Florida Administrative Code; amending s. 40 120.74, F.S.; requiring an agency regulatory plan to 41 include identification of certain rules; amending ss. 42 120.80, 120.81, 420.9072, 420.9075, and 443.091, F.S.; 43 conforming cross-references; providing an effective 44 date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Section 14.35, Florida Statutes, is created to 49 read: 50 14.35 Red Tape Reduction Advisory Council.— 51 (1) ESTABLISHMENT OF THE COUNCIL.— 52 (a) The Red Tape Reduction Advisory Council, an advisory 53 council as defined in s. 20.03, is established and 54 administratively housed within the Executive Office of the 55 Governor. 56 (b) The council shall consist of the following nine 57 members, who must be residents of the state: 58 1. Five members appointed by the Governor. 59 2. Two members appointed by the President of the Senate. 60 3. Two members appointed by the Speaker of the House of 61 Representatives. 62 (c) Each member shall be appointed to a 4-year term. 63 However, for the purpose of achieving staggered terms, the 64 members initially appointed by the Governor shall each serve a 65 2-year term. All subsequent appointments shall be for 4-year 66 terms. A vacancy shall be filled in the same manner as the 67 original appointment for the remainder of the unexpired term. A 68 member may be reappointed, except that a member may not serve 69 more than 8 consecutive years. 70 (2) MEETINGS; ORGANIZATION.— 71 (a) The members shall elect a chair and a vice chair at the 72 first meeting of the council. 73 (b) The first meeting of the council shall be held by 74 August 1, 2018. Thereafter, the council shall meet at the call 75 of the chair at least once per quarter per calendar year. 76 (c) A majority of the members of the council constitutes a 77 quorum. 78 (d) A member may not receive a commission, fee, or 79 financial benefit in connection with serving on the council but 80 may be reimbursed for per diem and travel expenses pursuant to 81 s. 112.061. 82 (3) SCOPE OF ACTIVITIES.—The council shall: 83 (a) Annually review the Florida Administrative Code to 84 determine whether any rules: 85 1. Are duplicative or obsolete. 86 2. Are especially burdensome to business within the state. 87 3. Disproportionately affect businesses with fewer than 100 88 employees. 89 4. Disproportionately affect businesses with annual revenue 90 below $5 million. 91 92 If the council determines that a rule meets at least one of the 93 criteria in this paragraph and can be repealed or amended with 94 minimal impact on public health, safety, and welfare, the 95 council shall recommend repealing or amending the rule. 96 (b) Provide an annual report of the council’s 97 recommendations to the Governor, the President of the Senate, 98 and the Speaker of the House of Representatives and to the 99 Administrative Procedures Committee for publication in the 100 Florida Administrative Code. 101 Section 2. Present subsections (16) and (17) of section 102 120.52, Florida Statutes, are renumbered as subsections (17) and 103 (19), respectively, subsections (18) through (22) are renumbered 104 as subsections (20) through (24), respectively, and new 105 subsections (16) and (18) are added to that section, to read: 106 120.52 Definitions.—As used in this act: 107 (16) “Regulatory baseline” means the total number of agency 108 rules that are in effect on January 1, 2019, as determined by 109 the committee pursuant to s. 120.546(1). 110 (18) “Rule replacement request” means a request by an 111 agency to create a rule after the establishment of the 112 regulatory baseline by proposing to repeal one or more existing 113 rules to maintain the regulatory baseline. 114 Section 3. Present paragraphs (b) through (k) of subsection 115 (1) of section 120.54, Florida Statutes, are redesignated as 116 paragraphs (c) through (l), respectively, paragraph (a) of 117 subsection (2) and paragraphs (a) and (e) of subsection (3) are 118 amended, and a new paragraph (b) is added to subsection (1) of 119 that section, to read: 120 120.54 Rulemaking.— 121 (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 122 EMERGENCY RULES.— 123 (b) An agency adopting a rule that would otherwise exceed 124 the regulatory baseline must submit a rule replacement request 125 to the committee pursuant to s. 120.546(2). 126 (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.— 127 (a) Except when the intended action is the repeal of a 128 rule, agencies shall provide notice of the development of 129 proposed rules by publication of a notice of rule development in 130 the Florida Administrative Register before providing notice of a 131 proposed rule as required by paragraph (3)(a). The notice of 132 rule development shall indicate the subject area to be addressed 133 by rule development, provide a short, plain explanation of the 134 purpose and effect of the proposed rule, cite the specific legal 135 authority for the proposed rule, identify the rule or rules 136 proposed to be repealed, if such repeal is necessary to maintain 137 the regulatory baseline pursuant to s. 120.546(2), and include 138 the preliminary text of the proposed rules, if available, or a 139 statement of how a person may promptly obtain, without cost, a 140 copy of any preliminary draft, if available. 141 (3) ADOPTION PROCEDURES.— 142 (a) Notices.— 143 1. Prior to the adoption, amendment, or repeal of any rule 144 other than an emergency rule, an agency, upon approval of the 145 agency head, shall give notice of its intended action, setting 146 forth a short, plain explanation of the purpose and effect of 147 the proposed action; the full text of the proposed rule or 148 amendment and a summary thereof; a reference to the grant of 149 rulemaking authority pursuant to which the rule is adopted;and150 a reference to the section or subsection of the Florida Statutes 151 or the Laws of Florida being implemented or interpreted; and a 152 reference to the rule proposed for repeal, if such repeal is 153 necessary to maintain the regulatory baseline pursuant to s. 154 120.546(2). The notice must include a summary of the agency’s 155 statement of the estimated regulatory costs, if one has been 156 prepared, based on the factors set forth in s. 120.541(2); a 157 statement that any person who wishes to provide the agency with 158 information regarding the statement of estimated regulatory 159 costs, or to provide a proposal for a lower cost regulatory 160 alternative as provided by s. 120.541(1), must do so in writing 161 within 21 days after publication of the notice; and a statement 162 as to whether, based on the statement of the estimated 163 regulatory costs or other information expressly relied upon and 164 described by the agency if no statement of regulatory costs is 165 required, the proposed rule is expected to require legislative 166 ratification pursuant to s. 120.541(3). The notice must state 167 the procedure for requesting a public hearing on the proposed 168 rule. Except when the intended action is the repeal of a rule, 169 the notice must include a reference both to the date on which 170 and to the place where the notice of rule development that is 171 required by subsection (2) appeared. 172 2. The notice shall be published in the Florida 173 Administrative Register not less than 28 days prior to the 174 intended action. The proposed rule shall be available for 175 inspection and copying by the public at the time of the 176 publication of notice. 177 3. The notice shall be mailed to all persons named in the 178 proposed rule and to all persons who, at least 14 days prior to 179 such mailing, have made requests of the agency for advance 180 notice of its proceedings. The agency shall also give such 181 notice as is prescribed by rule to those particular classes of 182 persons to whom the intended action is directed. 183 4. The adopting agency shall file with the committee, at 184 least 21 days prior to the proposed adoption date, a copy of 185 each rule it proposes to adopt; a copy of any material 186 incorporated by reference in the rule; a detailed written 187 statement of the facts and circumstances justifying the proposed 188 rule; a copy of any statement of estimated regulatory costs that 189 has been prepared pursuant to s. 120.541; a statement of the 190 extent to which the proposed rule relates to federal standards 191 or rules on the same subject; and the notice required by 192 subparagraph 1. 193 (e) Filing for final adoption; effective date.— 194 1. If the adopting agency is required to publish its rules 195 in the Florida Administrative Code, the agency, upon approval of 196 the agency head, shall file with the Department of State three 197 certified copies of the rule it proposes to adopt; one copy of 198 any material incorporated by reference in the rule, certified by 199 the agency; a summary of the rule; a summary of any hearings 200 held on the rule; and a detailed written statement of the facts 201 and circumstances justifying the rule. Agencies not required to 202 publish their rules in the Florida Administrative Code shall 203 file one certified copy of the proposed rule, and the other 204 material required by this subparagraph, in the office of the 205 agency head, and such rules shall be open to the public. 206 2. A rule may not be filed for adoption less than 28 days 207 or more than 90 days after the notice required by paragraph (a), 208 until 21 days after the notice of change required by paragraph 209 (d), until 14 days after the final public hearing, until 21 days 210 after a statement of estimated regulatory costs required under 211 s. 120.541 has been provided to all persons who submitted a 212 lower cost regulatory alternative and made available to the 213 public, or until the administrative law judge has rendered a 214 decision under s. 120.56(2), whichever applies. When a required 215 notice of change is published prior to the expiration of the 216 time to file the rule for adoption, the period during which a 217 rule must be filed for adoption is extended to 45 days after the 218 date of publication. If notice of a public hearing is published 219 prior to the expiration of the time to file the rule for 220 adoption, the period during which a rule must be filed for 221 adoption is extended to 45 days after adjournment of the final 222 hearing on the rule, 21 days after receipt of all material 223 authorized to be submitted at the hearing, or 21 days after 224 receipt of the transcript, if one is made, whichever is latest. 225 The term “public hearing” includes any public meeting held by 226 any agency at which the rule is considered. If a petition for an 227 administrative determination under s. 120.56(2) is filed, the 228 period during which a rule must be filed for adoption is 229 extended to 60 days after the administrative law judge files the 230 final order with the clerk or until 60 days after subsequent 231 judicial review is complete. 232 3. At the time a rule is filed, the agency shall certify 233 that the time limitations prescribed by this paragraph have been 234 complied with, that all statutory rulemaking requirements have 235 been met, and that there is no administrative determination 236 pending on the rule. 237 4. At the time a rule is filed, the committee shall certify 238 whether the agency has responded in writing to all material and 239 timely written comments or written inquiries made on behalf of 240 the committee. The department shall reject any rule that is not 241 filed within the prescribed time limits; that does not comply 242 with all statutory rulemaking requirements and rules of the 243 department; upon which an agency has not responded in writing to 244 all material and timely written inquiries or written comments; 245 upon which an administrative determination is pending; or which 246 does not include a statement of estimated regulatory costs, if 247 required. 248 5. If a rule has not been adopted within the time limits 249 imposed by this paragraph or has not been adopted in compliance 250 with all statutory rulemaking requirements, the agency proposing 251 the rule shall withdraw the rule and give notice of its action 252 in the next available issue of the Florida Administrative 253 Register. 254 6. The proposed rule shall be adopted on being filed with 255 the Department of State and become effective 20 days after being 256 filed, on a later date specified in the notice required by 257 subparagraph (a)1., on a date required by statute, or upon 258 ratification by the Legislature pursuant to s. 120.541(3). Rules 259 not required to be filed with the Department of State shall 260 become effective when adopted by the agency head, on a later 261 date specified by rule or statute, or upon ratification by the 262 Legislature pursuant to s. 120.541(3). If the committee notifies 263 an agency that an objection to a rule is being considered, the 264 agency may postpone the adoption of the rule to accommodate 265 review of the rule by the committee. When an agency postpones 266 adoption of a rule to accommodate review by the committee, the 267 90-day period for filing the rule is tolled until the committee 268 notifies the agency that it has completed its review of the 269 rule. 270 7. If a rule must be repealed to maintain the regulatory 271 baseline pursuant to s. 120.546(2), the repeal shall take effect 272 at the same time as the proposed rule takes effect. 273 274 For the purposes of this paragraph, the term “administrative 275 determination” does not include subsequent judicial review. 276 Section 4. Subsection (1) of section 120.545, Florida 277 Statutes, is amended to read: 278 120.545 Committee review of agency rules.— 279 (1) As a legislative check on legislatively created 280 authority, the committee shall examine each proposed rule, 281 except for those proposed rules exempted by s. 120.81(1)(e) and 282 (2), and its accompanying material, including, but not limited 283 to, the rule replacement request,andeach emergency rule, and, 284 every 4 years, eachmay examine anyexisting rule, for the 285 purpose of determining whether: 286 (a) The rule is an invalid exercise of delegated 287 legislative authority. 288 (b) The statutory authority for the rule has been repealed. 289 (c) The rule reiterates or paraphrases statutory material. 290 (d) The rule is in proper form. 291 (e) The notice given prior to its adoption was sufficient 292 to give adequate notice of the purpose and effect of the rule. 293 (f) The rule is consistent with expressed legislative 294 intent pertaining to the specific provisions of law which the 295 rule implements. 296 (g) The rule is necessary to accomplish the apparent or 297 expressed objectives of the specific provision of law which the 298 rule implements. 299 (h) The rule is a reasonable implementation of the law as 300 it affects the convenience of the general public or persons 301 particularly affected by the rule. 302 (i) The rule could be made less complex or more easily 303 comprehensible to the general public. 304 (j) The rule’s statement of estimated regulatory costs 305 complies with the requirements of s. 120.541 and whether the 306 rule does not impose regulatory costs on the regulated person, 307 county, or city which could be reduced by the adoption of less 308 costly alternatives that substantially accomplish the statutory 309 objectives. 310 (k) The rule will require additional appropriations. 311 (l) If the rule is an emergency rule, there exists an 312 emergency justifying the adoption of such rule, the agency is 313 within its statutory authority, and the rule was adopted in 314 compliance with the requirements and limitations of s. 315 120.54(4). 316 (m) The rule replacement request complies with the 317 requirements of s. 120.546(2)(b). 318 (n) Adoption of the rule will cause the total number of 319 rules to exceed the regulatory baseline. This paragraph does not 320 apply to an emergency rule. 321 Section 5. Section 120.546, Florida Statutes, is created to 322 read: 323 120.546 Regulatory baseline.— 324 (1) ESTABLISHMENT OF BASELINE.—The committee shall review 325 the Florida Administrative Code to determine the total number of 326 rules that are in effect and shall use this number to establish 327 the regulatory baseline by January 1, 2019. 328 (2) LIMITATION ON PROPOSED RULES; RULE REPLACEMENT 329 REQUEST.— 330 (a) A proposed rule may not cause the total number of rules 331 to exceed the regulatory baseline. 332 (b) An agency proposing a rule is required to submit a rule 333 replacement request to the committee. Each rule replacement 334 request must include the following: 335 1. The proposed rule and the law authorizing such rule. 336 2. The purpose of the proposed rule. 337 3. The rule to be repealed to maintain the regulatory 338 baseline. 339 (c) The committee shall examine each proposed rule and the 340 accompanying rule replacement request as provided in s. 120.545. 341 (d) The committee may approve a rule replacement request 342 only after the proposed rule and the rule replacement request 343 have been reviewed pursuant to s. 120.545 and the committee 344 determines that the proposed rule does not cause the total 345 number of rules to exceed the regulatory baseline. 346 (e) An agency may request an exemption from the prohibition 347 in paragraph (a) by submitting an exemption request with the 348 rule replacement request. An exemption request must include a 349 detailed explanation of why the proposed rule should be exempt 350 from the prohibition in paragraph (a), including why the rule is 351 necessary to protect public health, safety, and welfare. 352 (f) The committee may not approve an exemption request or a 353 rule replacement request that provides fewer than two rules for 354 repeal or replacement until the total number of rules is 35 355 percent below the regulatory baseline. 356 (3) ANNUAL REPORT.—Beginning November 1, 2019, the 357 committee shall submit an annual report providing the percentage 358 reduction in the total number of rules compared to the 359 regulatory baseline to the Governor, the President of the 360 Senate, and the Speaker of the House of Representatives. 361 Section 6. Paragraph (a) of subsection (1) of section 362 120.55, Florida Statutes, is amended to read: 363 120.55 Publication.— 364 (1) The Department of State shall: 365 (a)1. Through a continuous revision and publication system, 366 compile and publish electronically, on a website managed by the 367 department, the “Florida Administrative Code.” The Florida 368 Administrative Code shall contain the regulatory baseline, all 369 changes made to the total number of rules since the 370 establishment of the regulatory baseline, all rules adopted by 371 each agency, citing the grant of rulemaking authority and the 372 specific law implemented pursuant to which each rule was 373 adopted, a plain language description of the purpose of each 374 rule, all history notes as authorized in s. 120.545(7), complete 375 indexes to all rules contained in the code, the report provided 376 annually by the Red Tape Reduction Advisory Council, and any 377 other material required or authorized by law or deemed useful by 378 the department. The electronic code shall display each rule 379 chapter currently in effect in browse mode and allow full text 380 search of the code and each rule chapter. The department may 381 contract with a publishing firm for a printed publication; 382 however, the department shall retain responsibility for the code 383 as provided in this section. The electronic publication shall be 384 the official compilation of the administrative rules of this 385 state. The Department of State shall retain the copyright over 386 the Florida Administrative Code. 387 2. Rules general in form but applicable to only one school 388 district, community college district, or county, or a part 389 thereof, or state university rules relating to internal 390 personnel or business and finance shall not be published in the 391 Florida Administrative Code. Exclusion from publication in the 392 Florida Administrative Code shall not affect the validity or 393 effectiveness of such rules. 394 3. At the beginning of the section of the code dealing with 395 an agency that files copies of its rules with the department, 396 the department shall publish the address and telephone number of 397 the executive offices of each agency, the manner by which the 398 agency indexes its rules, a listing of all rules of that agency 399 excluded from publication in the code, and a statement as to 400 where those rules may be inspected. 401 4. Forms shall not be published in the Florida 402 Administrative Code; but any form which an agency uses in its 403 dealings with the public, along with any accompanying 404 instructions, shall be filed with the committee before it is 405 used. Any form or instruction which meets the definition of 406 “rule” provided in s. 120.52 shall be incorporated by reference 407 into the appropriate rule. The reference shall specifically 408 state that the form is being incorporated by reference and shall 409 include the number, title, and effective date of the form and an 410 explanation of how the form may be obtained. Each form created 411 by an agency which is incorporated by reference in a rule notice 412 of which is given under s. 120.54(3)(a) after December 31, 2007, 413 must clearly display the number, title, and effective date of 414 the form and the number of the rule in which the form is 415 incorporated. 416 5. The department shall allow adopted rules and material 417 incorporated by reference to be filed in electronic form as 418 prescribed by department rule. When a rule is filed for adoption 419 with incorporated material in electronic form, the department’s 420 publication of the Florida Administrative Code on its website 421 must contain a hyperlink from the incorporating reference in the 422 rule directly to that material. The department may not allow 423 hyperlinks from rules in the Florida Administrative Code to any 424 material other than that filed with and maintained by the 425 department, but may allow hyperlinks to incorporated material 426 maintained by the department from the adopting agency’s website 427 or other sites. 428 Section 7. Present paragraph (d) of subsection (1) of 429 section 120.74, Florida Statutes, is redesignated as paragraph 430 (e), paragraph (a) of subsection (2) is amended, and a new 431 paragraph (d) is added to subsection (1) of that section, to 432 read: 433 120.74 Agency annual rulemaking and regulatory plans; 434 reports.— 435 (1) REGULATORY PLAN.—By October 1 of each year, each agency 436 shall prepare a regulatory plan. 437 (d) The plan must include an identification of existing 438 rules that may be appropriate for future repeal to maintain or 439 reduce the regulatory baseline pursuant to s. 120.546(2). 440 (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.— 441 (a) By October 1 of each year, each agency shall: 442 1. Publish its regulatory plan on its website or on another 443 state website established for publication of administrative law 444 records. A clearly labeled hyperlink to the current plan must be 445 included on the agency’s primary website homepage. 446 2. Electronically deliver to the committee a copy of the 447 certification required in paragraph (1)(e)(1)(d). 448 3. Publish in the Florida Administrative Register a notice 449 identifying the date of publication of the agency’s regulatory 450 plan. The notice must include a hyperlink or website address 451 providing direct access to the published plan. 452 Section 8. Subsection (11) of section 120.80, Florida 453 Statutes, is amended to read: 454 120.80 Exceptions and special requirements; agencies.— 455 (11) NATIONAL GUARD.—Notwithstanding s. 120.52(17)s.456120.52(16), the enlistment, organization, administration, 457 equipment, maintenance, training, and discipline of the militia, 458 National Guard, organized militia, and unorganized militia, as 459 provided by s. 2, Art. X of the State Constitution, are not 460 rules as defined by this chapter. 461 Section 9. Paragraph (c) of subsection (1) of section 462 120.81, Florida Statutes, is amended to read: 463 120.81 Exceptions and special requirements; general areas.— 464 (1) EDUCATIONAL UNITS.— 465 (c) Notwithstanding s. 120.52(17)s. 120.52(16), any tests, 466 test scoring criteria, or testing procedures relating to student 467 assessment which are developed or administered by the Department 468 of Education pursuant to s. 1003.4282, s. 1008.22, or s. 469 1008.25, or any other statewide educational tests required by 470 law, are not rules. 471 Section 10. Paragraph (a) of subsection (1) of section 472 420.9072, Florida Statutes, is amended to read: 473 420.9072 State Housing Initiatives Partnership Program.—The 474 State Housing Initiatives Partnership Program is created for the 475 purpose of providing funds to counties and eligible 476 municipalities as an incentive for the creation of local housing 477 partnerships, to expand production of and preserve affordable 478 housing, to further the housing element of the local government 479 comprehensive plan specific to affordable housing, and to 480 increase housing-related employment. 481 (1)(a) In addition to the legislative findings set forth in 482 s. 420.6015, the Legislature finds that affordable housing is 483 most effectively provided by combining available public and 484 private resources to conserve and improve existing housing and 485 provide new housing for very-low-income households, low-income 486 households, and moderate-income households. The Legislature 487 intends to encourage partnerships in order to secure the 488 benefits of cooperation by the public and private sectors and to 489 reduce the cost of housing for the target group by effectively 490 combining all available resources and cost-saving measures. The 491 Legislature further intends that local governments achieve this 492 combination of resources by encouraging active partnerships 493 between government, lenders, builders and developers, real 494 estate professionals, advocates for low-income persons, and 495 community groups to produce affordable housing and provide 496 related services. Extending the partnership concept to encompass 497 cooperative efforts among small counties as defined in s. 498 120.52(21)s. 120.52(19), and among counties and municipalities 499 is specifically encouraged. Local governments are also intended 500 to establish an affordable housing advisory committee to 501 recommend monetary and nonmonetary incentives for affordable 502 housing as provided in s. 420.9076. 503 Section 11. Subsection (7) of section 420.9075, Florida 504 Statutes, is amended to read: 505 420.9075 Local housing assistance plans; partnerships.— 506 (7) The moneys deposited in the local housing assistance 507 trust fund shall be used to administer and implement the local 508 housing assistance plan. The cost of administering the plan may 509 not exceed 5 percent of the local housing distribution moneys 510 and program income deposited into the trust fund. A county or an 511 eligible municipality may not exceed the 5-percent limitation on 512 administrative costs, unless its governing body finds, by 513 resolution, that 5 percent of the local housing distribution 514 plus 5 percent of program income is insufficient to adequately 515 pay the necessary costs of administering the local housing 516 assistance plan. The cost of administering the program may not 517 exceed 10 percent of the local housing distribution plus 5 518 percent of program income deposited into the trust fund, except 519 that small counties, as defined in s. 120.52(21)s. 120.52(19), 520 and eligible municipalities receiving a local housing 521 distribution of up to $350,000 may use up to 10 percent of 522 program income for administrative costs. 523 Section 12. Paragraph (d) of subsection (1) of section 524 443.091, Florida Statutes, is amended to read: 525 443.091 Benefit eligibility conditions.— 526 (1) An unemployed individual is eligible to receive 527 benefits for any week only if the Department of Economic 528 Opportunity finds that: 529 (d) She or he is able to work and is available for work. In 530 order to assess eligibility for a claimed week of unemployment, 531 the department shall develop criteria to determine a claimant’s 532 ability to work and availability for work. A claimant must be 533 actively seeking work in order to be considered available for 534 work. This means engaging in systematic and sustained efforts to 535 find work, including contacting at least five prospective 536 employers for each week of unemployment claimed. The department 537 may require the claimant to provide proof of such efforts to the 538 one-stop career center as part of reemployment services. A 539 claimant’s proof of work search efforts may not include the same 540 prospective employer at the same location in 3 consecutive 541 weeks, unless the employer has indicated since the time of the 542 initial contact that the employer is hiring. The department 543 shall conduct random reviews of work search information provided 544 by claimants. As an alternative to contacting at least five 545 prospective employers for any week of unemployment claimed, a 546 claimant may, for that same week, report in person to a one-stop 547 career center to meet with a representative of the center and 548 access reemployment services of the center. The center shall 549 keep a record of the services or information provided to the 550 claimant and shall provide the records to the department upon 551 request by the department. However: 552 1. Notwithstanding any other provision of this paragraph or 553 paragraphs (b) and (e), an otherwise eligible individual may not 554 be denied benefits for any week because she or he is in training 555 with the approval of the department, or by reason of s. 556 443.101(2) relating to failure to apply for, or refusal to 557 accept, suitable work. Training may be approved by the 558 department in accordance with criteria prescribed by rule. A 559 claimant’s eligibility during approved training is contingent 560 upon satisfying eligibility conditions prescribed by rule. 561 2. Notwithstanding any other provision of this chapter, an 562 otherwise eligible individual who is in training approved under 563 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 564 determined ineligible or disqualified for benefits due to 565 enrollment in such training or because of leaving work that is 566 not suitable employment to enter such training. As used in this 567 subparagraph, the term “suitable employment” means work of a 568 substantially equal or higher skill level than the worker’s past 569 adversely affected employment, as defined for purposes of the 570 Trade Act of 1974, as amended, the wages for which are at least 571 80 percent of the worker’s average weekly wage as determined for 572 purposes of the Trade Act of 1974, as amended. 573 3. Notwithstanding any other provision of this section, an 574 otherwise eligible individual may not be denied benefits for any 575 week because she or he is before any state or federal court 576 pursuant to a lawfully issued summons to appear for jury duty. 577 4. Union members who customarily obtain employment through 578 a union hiring hall may satisfy the work search requirements of 579 this paragraph by reporting daily to their union hall. 580 5. The work search requirements of this paragraph do not 581 apply to persons who are unemployed as a result of a temporary 582 layoff or who are claiming benefits under an approved short-time 583 compensation plan as provided in s. 443.1116. 584 6. In small counties as defined in s. 120.52(21)s.585120.52(19), a claimant engaging in systematic and sustained 586 efforts to find work must contact at least three prospective 587 employers for each week of unemployment claimed. 588 7. The work search requirements of this paragraph do not 589 apply to persons required to participate in reemployment 590 services under paragraph (e). 591 Section 13. This act shall take effect July 1, 2018.