ENROLLED
       2009 Legislature                   CS for SB 2188, 2nd Engrossed
       
       
       
       
       
       
                                                             20092188er
    1  
    2         An act relating to administrative procedures; amending
    3         s. 120.52, F.S.; revising the definition of the term
    4         “agency” for purposes of ch. 120, F.S.; providing
    5         legislative intent; amending s. 120.525, F.S.;
    6         requiring each agency to give notice of public
    7         meetings, hearings, and workshops on the agency’s
    8         website; requiring each agency to publish agendas and
    9         certain other materials on the agency’s website;
   10         amending s. 120.54, F.S.; revising the definition of
   11         the term “small business” with regard to special
   12         matters to be considered by an agency in rule
   13         adoption; requiring an agency to ensure that staff be
   14         available at a public hearing regarding the proposed
   15         rule; requiring that certain materials submitted to
   16         the agency between the date of publication of the
   17         notice and the end of the final public hearing be
   18         considered by the agency and made a part of the record
   19         of the rulemaking proceeding; requiring that a change
   20         to a proposed rule be in response to written materials
   21         submitted to the agency within a specified time after
   22         the date of publication of the notice of intended
   23         agency action or submitted to the agency between the
   24         date of publication of the notice and the end of the
   25         final public hearing; requiring that a proposed rule
   26         become effective on a date specified in the notice of
   27         the agency’s intended action; requiring that the
   28         statement of an agency’s organization and operations
   29         be published on the agency’s website; providing that a
   30         rule that adopts federal standards becomes effective
   31         upon the date designated by the agency in the notice
   32         of intent to adopt the rule; amending s. 120.80, F.S.;
   33         deleting a provision that prohibits the Department of
   34         Environmental Protection from adopting the lowest
   35         regulatory cost alternative under certain
   36         circumstances; providing an effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (1) of section 120.52, Florida
   41  Statutes, is amended to read:
   42         120.52 Definitions.—As used in this act:
   43         (1) “Agency” means the following officers or governmental
   44  entities if acting pursuant to powers other than those derived
   45  from the constitution:
   46         (a) The Governor; each state officer and state department,
   47  and each departmental unit described in s. 20.04; the Board of
   48  Governors of the State University System; the Commission on
   49  Ethics; the Fish and Wildlife Conservation Commission; a
   50  regional water supply authority; a regional planning agency; a
   51  multicounty special district, but only when a majority of its
   52  governing board is comprised of nonelected persons; educational
   53  units; and each entity described in chapters 163, 373, 380, and
   54  582 and s. 186.504 in the exercise of all executive powers other
   55  than those derived from the constitution.
   56         (b) Each officer and governmental entity in the state
   57  having statewide jurisdiction or jurisdiction in more than one
   58  county.:
   59         1. State officer and state department, and each
   60  departmental unit described in s. 20.04.
   61         2. Authority, including a regional water supply authority.
   62         3. Board, including the Board of Governors of the State
   63  University System and a state university board of trustees when
   64  acting pursuant to statutory authority derived from the
   65  Legislature.
   66         4. Commission, including the Commission on Ethics and the
   67  Fish and Wildlife Conservation Commission when acting pursuant
   68  to statutory authority derived from the Legislature.
   69         5. Regional planning agency.
   70         6. Multicounty special district with a majority of its
   71  governing board comprised of nonelected persons.
   72         7. Educational units.
   73         8. Entity described in chapters 163, 373, 380, and 582 and
   74  s. 186.504.
   75         (c) Each officer and governmental entity in the state
   76  having jurisdiction in one county or less than one county other
   77  unit of government in the state, including counties and
   78  municipalities, to the extent they are expressly made subject to
   79  this act by general or special law or existing judicial
   80  decisions.
   81  
   82  This definition does not include any municipality or legal
   83  entity created solely by a municipality; any legal entity or
   84  agency created in whole or in part pursuant to part II of
   85  chapter 361;, part II, any metropolitan planning organization
   86  created pursuant to s. 339.175;, any separate legal or
   87  administrative entity created pursuant to s. 339.175 of which a
   88  metropolitan planning organization is a member;, an expressway
   89  authority pursuant to chapter 348 or transportation authority
   90  under chapter 349; or, any legal or administrative entity
   91  created by an interlocal agreement pursuant to s. 163.01(7),
   92  unless any party to such agreement is otherwise an agency as
   93  defined in this subsection, or any multicounty special district
   94  with a majority of its governing board comprised of elected
   95  persons; however, this definition shall include a regional water
   96  supply authority.
   97         Section 2. The amendments to subsection 120.52(1), Florida
   98  Statutes, made by this act are not intended to effect a
   99  substantive change in meaning of that subsection. The amendments
  100  are intended to clarify and simplify existing law and are
  101  intended to be consistent with judicial interpretations of that
  102  statute.
  103         Section 3. Subsections (1) and (2) of section 120.525,
  104  Florida Statutes, are amended to read:
  105         120.525 Meetings, hearings, and workshops.—
  106         (1) Except in the case of emergency meetings, each agency
  107  shall give notice of public meetings, hearings, and workshops by
  108  publication in the Florida Administrative Weekly and on the
  109  agency’s website not less than 7 days before the event. The
  110  notice shall include a statement of the general subject matter
  111  to be considered.
  112         (2) An agenda shall be prepared by the agency in time to
  113  ensure that a copy of the agenda may be received at least 7 days
  114  before the event by any person in the state who requests a copy
  115  and who pays the reasonable cost of the copy. The agenda, along
  116  with any meeting materials available in electronic form
  117  excluding confidential and exempt information, shall be
  118  published on the agency’s website. The agenda shall contain the
  119  items to be considered in order of presentation. After the
  120  agenda has been made available, a change shall be made only for
  121  good cause, as determined by the person designated to preside,
  122  and stated in the record. Notification of such change shall be
  123  at the earliest practicable time.
  124         Section 4. Subsection (3), paragraph (b) of subsection (5),
  125  and paragraph (b) of subsection (6) of section 120.54, Florida
  126  Statutes, are amended to read:
  127         120.54 Rulemaking.—
  128         (3) ADOPTION PROCEDURES.—
  129         (a) Notices.—
  130         1. Prior to the adoption, amendment, or repeal of any rule
  131  other than an emergency rule, an agency, upon approval of the
  132  agency head, shall give notice of its intended action, setting
  133  forth a short, plain explanation of the purpose and effect of
  134  the proposed action; the full text of the proposed rule or
  135  amendment and a summary thereof; a reference to the grant of
  136  rulemaking authority pursuant to which the rule is adopted; and
  137  a reference to the section or subsection of the Florida Statutes
  138  or the Laws of Florida being implemented or interpreted. The
  139  notice must include a summary of the agency’s statement of the
  140  estimated regulatory costs, if one has been prepared, based on
  141  the factors set forth in s. 120.541(2), and a statement that any
  142  person who wishes to provide the agency with information
  143  regarding the statement of estimated regulatory costs, or to
  144  provide a proposal for a lower cost regulatory alternative as
  145  provided by s. 120.541(1), must do so in writing within 21 days
  146  after publication of the notice. The notice must state the
  147  procedure for requesting a public hearing on the proposed rule.
  148  Except when the intended action is the repeal of a rule, the
  149  notice must include a reference both to the date on which and to
  150  the place where the notice of rule development that is required
  151  by subsection (2) appeared.
  152         2. The notice shall be published in the Florida
  153  Administrative Weekly not less than 28 days prior to the
  154  intended action. The proposed rule shall be available for
  155  inspection and copying by the public at the time of the
  156  publication of notice.
  157         3. The notice shall be mailed to all persons named in the
  158  proposed rule and to all persons who, at least 14 days prior to
  159  such mailing, have made requests of the agency for advance
  160  notice of its proceedings. The agency shall also give such
  161  notice as is prescribed by rule to those particular classes of
  162  persons to whom the intended action is directed.
  163         4. The adopting agency shall file with the committee, at
  164  least 21 days prior to the proposed adoption date, a copy of
  165  each rule it proposes to adopt; a copy of any material
  166  incorporated by reference in the rule; a detailed written
  167  statement of the facts and circumstances justifying the proposed
  168  rule; a copy of any statement of estimated regulatory costs that
  169  has been prepared pursuant to s. 120.541; a statement of the
  170  extent to which the proposed rule relates to federal standards
  171  or rules on the same subject; and the notice required by
  172  subparagraph 1.
  173         (b) Special matters to be considered in rule adoption.—
  174         1. Statement of estimated regulatory costs.—Prior to the
  175  adoption, amendment, or repeal of any rule other than an
  176  emergency rule, an agency is encouraged to prepare a statement
  177  of estimated regulatory costs of the proposed rule, as provided
  178  by s. 120.541. However, an agency shall prepare a statement of
  179  estimated regulatory costs of the proposed rule, as provided by
  180  s. 120.541, if the proposed rule will have an impact on small
  181  business.
  182         2. Small businesses, small counties, and small cities.—
  183         a. Each agency, before the adoption, amendment, or repeal
  184  of a rule, shall consider the impact of the rule on small
  185  businesses as defined by s. 288.703 and the impact of the rule
  186  on small counties or small cities as defined by s. 120.52.
  187  Whenever practicable, an agency shall tier its rules to reduce
  188  disproportionate impacts on small businesses, small counties, or
  189  small cities to avoid regulating small businesses, small
  190  counties, or small cities that do not contribute significantly
  191  to the problem the rule is designed to address. An agency may
  192  define “small business” to include businesses employing more
  193  than 200 100 persons, may define “small county” to include those
  194  with populations of more than 75,000, and may define “small
  195  city” to include those with populations of more than 10,000, if
  196  it finds that such a definition is necessary to adapt a rule to
  197  the needs and problems of small businesses, small counties, or
  198  small cities. The agency shall consider each of the following
  199  methods for reducing the impact of the proposed rule on small
  200  businesses, small counties, and small cities, or any combination
  201  of these entities:
  202         (I) Establishing less stringent compliance or reporting
  203  requirements in the rule.
  204         (II) Establishing less stringent schedules or deadlines in
  205  the rule for compliance or reporting requirements.
  206         (III) Consolidating or simplifying the rule’s compliance or
  207  reporting requirements.
  208         (IV) Establishing performance standards or best-management
  209  practices to replace design or operational standards in the
  210  rule.
  211         (V) Exempting small businesses, small counties, or small
  212  cities from any or all requirements of the rule.
  213         b.(I) If the agency determines that the proposed action
  214  will affect small businesses as defined by the agency as
  215  provided in sub-subparagraph a., the agency shall send written
  216  notice of the rule to the Small Business Regulatory Advisory
  217  Council and the Office of Tourism, Trade, and Economic
  218  Development not less than 28 days prior to the intended action.
  219         (II) Each agency shall adopt those regulatory alternatives
  220  offered by the Small Business Regulatory Advisory Council and
  221  provided to the agency no later than 21 days after the council’s
  222  receipt of the written notice of the rule which it finds are
  223  feasible and consistent with the stated objectives of the
  224  proposed rule and which would reduce the impact on small
  225  businesses. When regulatory alternatives are offered by the
  226  Small Business Regulatory Advisory Council, the 90-day period
  227  for filing the rule in subparagraph (e)2. is extended for a
  228  period of 21 days.
  229         (III) If an agency does not adopt all alternatives offered
  230  pursuant to this sub-subparagraph, it shall, prior to rule
  231  adoption or amendment and pursuant to subparagraph (d)1., file a
  232  detailed written statement with the committee explaining the
  233  reasons for failure to adopt such alternatives. Within 3 working
  234  days of the filing of such notice, the agency shall send a copy
  235  of such notice to the Small Business Regulatory Advisory
  236  Council. The Small Business Regulatory Advisory Council may make
  237  a request of the President of the Senate and the Speaker of the
  238  House of Representatives that the presiding officers direct the
  239  Office of Program Policy Analysis and Government Accountability
  240  to determine whether the rejected alternatives reduce the impact
  241  on small business while meeting the stated objectives of the
  242  proposed rule. Within 60 days after the date of the directive
  243  from the presiding officers, the Office of Program Policy
  244  Analysis and Government Accountability shall report to the
  245  Administrative Procedures Committee its findings as to whether
  246  an alternative reduces the impact on small business while
  247  meeting the stated objectives of the proposed rule. The Office
  248  of Program Policy Analysis and Government Accountability shall
  249  consider the proposed rule, the economic impact statement, the
  250  written statement of the agency, the proposed alternatives, and
  251  any comment submitted during the comment period on the proposed
  252  rule. The Office of Program Policy Analysis and Government
  253  Accountability shall submit a report of its findings and
  254  recommendations to the Governor, the President of the Senate,
  255  and the Speaker of the House of Representatives. The
  256  Administrative Procedures Committee shall report such findings
  257  to the agency, and the agency shall respond in writing to the
  258  Administrative Procedures Committee if the Office of Program
  259  Policy Analysis and Government Accountability found that the
  260  alternative reduced the impact on small business while meeting
  261  the stated objectives of the proposed rule. If the agency will
  262  not adopt the alternative, it must also provide a detailed
  263  written statement to the committee as to why it will not adopt
  264  the alternative.
  265         (c) Hearings.—
  266         1. If the intended action concerns any rule other than one
  267  relating exclusively to procedure or practice, the agency shall,
  268  on the request of any affected person received within 21 days
  269  after the date of publication of the notice of intended agency
  270  action, give affected persons an opportunity to present evidence
  271  and argument on all issues under consideration. The agency may
  272  schedule a public hearing on the rule and, if requested by any
  273  affected person, shall schedule a public hearing on the rule.
  274  When a public hearing is held, the agency must ensure that staff
  275  are available to explain the agency’s proposal and to respond to
  276  questions or comments regarding the rule. If the agency head is
  277  a board or other collegial body created under s. 20.165(4) or s.
  278  20.43(3)(g), and one or more requested public hearings is
  279  scheduled, the board or other collegial body shall conduct at
  280  least one of the public hearings itself and may not delegate
  281  this responsibility without the consent of those persons
  282  requesting the public hearing. Any material pertinent to the
  283  issues under consideration submitted to the agency within 21
  284  days after the date of publication of the notice or submitted to
  285  the agency between the date of publication of the notice and the
  286  end of the final at a public hearing shall be considered by the
  287  agency and made a part of the record of the rulemaking
  288  proceeding.
  289         2. Rulemaking proceedings shall be governed solely by the
  290  provisions of this section unless a person timely asserts that
  291  the person’s substantial interests will be affected in the
  292  proceeding and affirmatively demonstrates to the agency that the
  293  proceeding does not provide adequate opportunity to protect
  294  those interests. If the agency determines that the rulemaking
  295  proceeding is not adequate to protect the person’s interests, it
  296  shall suspend the rulemaking proceeding and convene a separate
  297  proceeding under the provisions of ss. 120.569 and 120.57.
  298  Similarly situated persons may be requested to join and
  299  participate in the separate proceeding. Upon conclusion of the
  300  separate proceeding, the rulemaking proceeding shall be resumed.
  301         (d) Modification or withdrawal of proposed rules.—
  302         1. After the final public hearing on the proposed rule, or
  303  after the time for requesting a hearing has expired, if the rule
  304  has not been changed from the rule as previously filed with the
  305  committee, or contains only technical changes, the adopting
  306  agency shall file a notice to that effect with the committee at
  307  least 7 days prior to filing the rule for adoption. Any change,
  308  other than a technical change that does not affect the substance
  309  of the rule, must be supported by the record of public hearings
  310  held on the rule, must be in response to written material
  311  submitted to the agency within 21 days after the date of
  312  publication of the notice of intended agency action or submitted
  313  to the agency between the date of publication of the notice and
  314  received on or before the end date of the final public hearing,
  315  or must be in response to a proposed objection by the committee.
  316  In addition, when any change is made in a proposed rule, other
  317  than a technical change, the adopting agency shall provide a
  318  copy of a notice of change by certified mail or actual delivery
  319  to any person who requests it in writing no later than 21 days
  320  after the notice required in paragraph (a). The agency shall
  321  file the notice of change with the committee, along with the
  322  reasons for the change, and provide the notice of change to
  323  persons requesting it, at least 21 days prior to filing the rule
  324  for adoption. The notice of change shall be published in the
  325  Florida Administrative Weekly at least 21 days prior to filing
  326  the rule for adoption. This subparagraph does not apply to
  327  emergency rules adopted pursuant to subsection (4).
  328         2. After the notice required by paragraph (a) and prior to
  329  adoption, the agency may withdraw the rule in whole or in part.
  330         3. After adoption and before the effective date, a rule may
  331  be modified or withdrawn only in response to an objection by the
  332  committee or may be modified to extend the effective date by not
  333  more than 60 days when the committee has notified the agency
  334  that an objection to the rule is being considered.
  335         4. The agency shall give notice of its decision to withdraw
  336  or modify a rule in the first available issue of the publication
  337  in which the original notice of rulemaking was published, shall
  338  notify those persons described in subparagraph (a)3. in
  339  accordance with the requirements of that subparagraph, and shall
  340  notify the Department of State if the rule is required to be
  341  filed with the Department of State.
  342         5. After a rule has become effective, it may be repealed or
  343  amended only through the rulemaking procedures specified in this
  344  chapter.
  345         (e) Filing for final adoption; effective date.—
  346         1. If the adopting agency is required to publish its rules
  347  in the Florida Administrative Code, the agency, upon approval of
  348  the agency head, shall file with the Department of State three
  349  certified copies of the rule it proposes to adopt; one copy of
  350  any material incorporated by reference in the rule, certified by
  351  the agency; a summary of the rule; a summary of any hearings
  352  held on the rule; and a detailed written statement of the facts
  353  and circumstances justifying the rule. Agencies not required to
  354  publish their rules in the Florida Administrative Code shall
  355  file one certified copy of the proposed rule, and the other
  356  material required by this subparagraph, in the office of the
  357  agency head, and such rules shall be open to the public.
  358         2. A rule may not be filed for adoption less than 28 days
  359  or more than 90 days after the notice required by paragraph (a),
  360  until 21 days after the notice of change required by paragraph
  361  (d), until 14 days after the final public hearing, until 21 days
  362  after a statement of estimated regulatory costs required under
  363  s. 120.541 has been provided to all persons who submitted a
  364  lower cost regulatory alternative and made available to the
  365  public, or until the administrative law judge has rendered a
  366  decision under s. 120.56(2), whichever applies. When a required
  367  notice of change is published prior to the expiration of the
  368  time to file the rule for adoption, the period during which a
  369  rule must be filed for adoption is extended to 45 days after the
  370  date of publication. If notice of a public hearing is published
  371  prior to the expiration of the time to file the rule for
  372  adoption, the period during which a rule must be filed for
  373  adoption is extended to 45 days after adjournment of the final
  374  hearing on the rule, 21 days after receipt of all material
  375  authorized to be submitted at the hearing, or 21 days after
  376  receipt of the transcript, if one is made, whichever is latest.
  377  The term “public hearing” includes any public meeting held by
  378  any agency at which the rule is considered. If a petition for an
  379  administrative determination under s. 120.56(2) is filed, the
  380  period during which a rule must be filed for adoption is
  381  extended to 60 days after the administrative law judge files the
  382  final order with the clerk or until 60 days after subsequent
  383  judicial review is complete.
  384         3. At the time a rule is filed, the agency shall certify
  385  that the time limitations prescribed by this paragraph have been
  386  complied with, that all statutory rulemaking requirements have
  387  been met, and that there is no administrative determination
  388  pending on the rule.
  389         4. At the time a rule is filed, the committee shall certify
  390  whether the agency has responded in writing to all material and
  391  timely written comments or written inquiries made on behalf of
  392  the committee. The department shall reject any rule that is not
  393  filed within the prescribed time limits; that does not comply
  394  with all statutory rulemaking requirements and rules of the
  395  department; upon which an agency has not responded in writing to
  396  all material and timely written inquiries or written comments;
  397  upon which an administrative determination is pending; or which
  398  does not include a statement of estimated regulatory costs, if
  399  required.
  400         5. If a rule has not been adopted within the time limits
  401  imposed by this paragraph or has not been adopted in compliance
  402  with all statutory rulemaking requirements, the agency proposing
  403  the rule shall withdraw the rule and give notice of its action
  404  in the next available issue of the Florida Administrative
  405  Weekly.
  406         6. The proposed rule shall be adopted on being filed with
  407  the Department of State and become effective 20 days after being
  408  filed, on a later date specified in the notice required by
  409  subparagraph (a)1. rule, or on a date required by statute. Rules
  410  not required to be filed with the Department of State shall
  411  become effective when adopted by the agency head or on a later
  412  date specified by rule or statute. If the committee notifies an
  413  agency that an objection to a rule is being considered, the
  414  agency may postpone the adoption of the rule to accommodate
  415  review of the rule by the committee. When an agency postpones
  416  adoption of a rule to accommodate review by the committee, the
  417  90-day period for filing the rule is tolled until the committee
  418  notifies the agency that it has completed its review of the
  419  rule.
  420  
  421  For the purposes of this paragraph, the term “administrative
  422  determination” does not include subsequent judicial review.
  423         (5) UNIFORM RULES.—
  424         (b) The uniform rules of procedure adopted by the
  425  commission pursuant to this subsection shall include, but are
  426  not limited to:
  427         1. Uniform rules for the scheduling of public meetings,
  428  hearings, and workshops.
  429         2. Uniform rules for use by each state agency that provide
  430  procedures for conducting public meetings, hearings, and
  431  workshops, and for taking evidence, testimony, and argument at
  432  such public meetings, hearings, and workshops, in person and by
  433  means of communications media technology. The rules shall
  434  provide that all evidence, testimony, and argument presented
  435  shall be afforded equal consideration, regardless of the method
  436  of communication. If a public meeting, hearing, or workshop is
  437  to be conducted by means of communications media technology, or
  438  if attendance may be provided by such means, the notice shall so
  439  state. The notice for public meetings, hearings, and workshops
  440  utilizing communications media technology shall state how
  441  persons interested in attending may do so and shall name
  442  locations, if any, where communications media technology
  443  facilities will be available. Nothing in this paragraph shall be
  444  construed to diminish the right to inspect public records under
  445  chapter 119. Limiting points of access to public meetings,
  446  hearings, and workshops subject to the provisions of s. 286.011
  447  to places not normally open to the public shall be presumed to
  448  violate the right of access of the public, and any official
  449  action taken under such circumstances is void and of no effect.
  450  Other laws relating to public meetings, hearings, and workshops,
  451  including penal and remedial provisions, shall apply to public
  452  meetings, hearings, and workshops conducted by means of
  453  communications media technology, and shall be liberally
  454  construed in their application to such public meetings,
  455  hearings, and workshops. As used in this subparagraph,
  456  “communications media technology” means the electronic
  457  transmission of printed matter, audio, full-motion video,
  458  freeze-frame video, compressed video, and digital video by any
  459  method available.
  460         3. Uniform rules of procedure for the filing of notice of
  461  protests and formal written protests. The Administration
  462  Commission may prescribe the form and substantive provisions of
  463  a required bond.
  464         4. Uniform rules of procedure for the filing of petitions
  465  for administrative hearings pursuant to s. 120.569 or s. 120.57.
  466  Such rules shall require the petition to include:
  467         a. The identification of the petitioner.
  468         b. A statement of when and how the petitioner received
  469  notice of the agency’s action or proposed action.
  470         c. An explanation of how the petitioner’s substantial
  471  interests are or will be affected by the action or proposed
  472  action.
  473         d. A statement of all material facts disputed by the
  474  petitioner or a statement that there are no disputed facts.
  475         e. A statement of the ultimate facts alleged, including a
  476  statement of the specific facts the petitioner contends warrant
  477  reversal or modification of the agency’s proposed action.
  478         f. A statement of the specific rules or statutes that the
  479  petitioner contends require reversal or modification of the
  480  agency’s proposed action, including an explanation of how the
  481  alleged facts relate to the specific rules or statutes.
  482         g. A statement of the relief sought by the petitioner,
  483  stating precisely the action petitioner wishes the agency to
  484  take with respect to the proposed action.
  485         5. Uniform rules for the filing of request for
  486  administrative hearing by a respondent in agency enforcement and
  487  disciplinary actions. Such rules shall require a request to
  488  include:
  489         a. The name, address, and telephone number of the party
  490  making the request and the name, address, and telephone number
  491  of the party’s counsel or qualified representative upon whom
  492  service of pleadings and other papers shall be made;
  493         b. A statement that the respondent is requesting an
  494  administrative hearing and disputes the material facts alleged
  495  by the petitioner, in which case the respondent shall identify
  496  those material facts that are in dispute, or that the respondent
  497  is requesting an administrative hearing and does not dispute the
  498  material facts alleged by the petitioner; and
  499         c. A reference by file number to the administrative
  500  complaint that the party has received from the agency and the
  501  date on which the agency pleading was received.
  502  
  503  The agency may provide an election-of-rights form for the
  504  respondent’s use in requesting a hearing, so long as any form
  505  provided by the agency calls for the information in sub
  506  subparagraphs a. through c. and does not impose any additional
  507  requirements on a respondent in order to request a hearing,
  508  unless such requirements are specifically authorized by law.
  509         6. Uniform rules of procedure for the filing and prompt
  510  disposition of petitions for declaratory statements. The rules
  511  shall also describe the contents of the notices that must be
  512  published in the Florida Administrative Weekly under s. 120.565,
  513  including any applicable time limit for the filing of petitions
  514  to intervene or petitions for administrative hearing by persons
  515  whose substantial interests may be affected.
  516         7. Provision of a method by which each agency head shall
  517  provide a description of the agency’s organization and general
  518  course of its operations. The rules shall require that the
  519  statement concerning the agency’s organization and operations be
  520  published on the agency’s website.
  521         8. Uniform rules establishing procedures for granting or
  522  denying petitions for variances and waivers pursuant to s.
  523  120.542.
  524         (6) ADOPTION OF FEDERAL STANDARDS.—Notwithstanding any
  525  contrary provision of this section, in the pursuance of state
  526  implementation, operation, or enforcement of federal programs,
  527  an agency is empowered to adopt rules substantively identical to
  528  regulations adopted pursuant to federal law, in accordance with
  529  the following procedures:
  530         (b) Any rule adopted pursuant to this subsection shall
  531  become effective upon the date designated in the rule by the
  532  agency in the notice of intent to adopt a rule; however, no such
  533  rule shall become effective earlier than the effective date of
  534  the substantively identical federal regulation.
  535         Section 5. Subsections (16) and (17) of section 120.80,
  536  Florida Statutes, are amended to read:
  537         120.80 Exceptions and special requirements; agencies.—
  538         (16)DEPARTMENT OF ENVIRONMENTAL PROTECTION.
  539  Notwithstanding the provisions of s. 120.54(1)(d), the
  540  Department of Environmental Protection, in undertaking
  541  rulemaking to establish best available control technology,
  542  lowest achievable emissions rate, or case-by-case maximum
  543  available control technology for purposes of s. 403.08725, shall
  544  not adopt the lowest regulatory cost alternative if such
  545  adoption would prevent the agency from implementing federal
  546  requirements.
  547         (16)(17) FLORIDA BUILDING COMMISSION.—
  548         (a) Notwithstanding the provisions of s. 120.542, the
  549  Florida Building Commission may not accept a petition for waiver
  550  or variance and may not grant any waiver or variance from the
  551  requirements of the Florida Building Code.
  552         (b) The Florida Building Commission shall adopt within the
  553  Florida Building Code criteria and procedures for alternative
  554  means of compliance with the code or local amendments thereto,
  555  for enforcement by local governments, local enforcement
  556  districts, or other entities authorized by law to enforce the
  557  Florida Building Code. Appeals from the denial of the use of
  558  alternative means shall be heard by the local board, if one
  559  exists, and may be appealed to the Florida Building Commission.
  560         (c) Notwithstanding ss. 120.565, 120.569, and 120.57, the
  561  Florida Building Commission and hearing officer panels appointed
  562  by the commission in accordance with s. 553.775(3)(c)1. may
  563  conduct proceedings to review decisions of local building code
  564  officials in accordance with s. 553.775(3)(c).
  565         Section 6. This act shall take effect July 1, 2009.