Florida Senate - 2015                                    SB 1284
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00231-15                                           20151284__
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.53, F.S.; revising requirements governing the
    4         maintenance, indexing, and listing of agency final
    5         orders; requiring an agency to upload specified agency
    6         final orders to the electronic database of the
    7         Division of Administrative Hearings; prescribing
    8         database requirements; specifying types of agency
    9         final orders that must be uploaded to the database;
   10         requiring an agency to maintain a list of agency final
   11         orders not required to be uploaded; reducing the
   12         length of time within which an agency or the division
   13         must upload or list an agency final order; providing
   14         that the agency must maintain a subject-matter index
   15         for final orders rendered before a certain date and
   16         identify the location of the index on its website;
   17         removing the requirement that the Department of State
   18         adopt certain rules governing indexing; deleting
   19         requirements governing an agency’s indexing and
   20         listing of final orders; amending ss. 119.021,
   21         120.533, and 213.22, F.S.; conforming provisions and
   22         cross-references to changes made by the act; providing
   23         an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 120.53, Florida Statutes, is amended to
   28  read:
   29         120.53 Maintenance of agency final orders; indexing;
   30  listing; organizational information.—
   31         (1) Notwithstanding s. 119.021(3), each agency shall upload
   32  copies of agency final orders rendered on or after July 1, 2015,
   33  which meet the criteria specified in subsection (2) to a
   34  centralized
   35         (a) Each agency shall maintain:
   36         1. All agency final orders.
   37         2.a. A current hierarchical subject-matter index,
   38  identifying for the public any rule or order as specified in
   39  this subparagraph.
   40         b. In lieu of the requirement for making available for
   41  public inspection and copying a hierarchical subject-matter
   42  index of its orders, an agency may maintain and make available
   43  for public use an electronic database of agency final its orders
   44  maintained by the division. The database must allow that allows
   45  users to research and retrieve the full texts of agency final
   46  orders by:
   47         (a) The name of the agency that issued the final order;
   48         (b) The date the final order was issued;
   49         (c) The type of final order;
   50         (d) The subject of the final order; and
   51         (e) Terms present in the text of the final order devising
   52  an ad hoc indexing system employing any logical search terms in
   53  common usage which are composed by the user and which are
   54  contained in the orders of the agency or by descriptive
   55  information about the order which may not be specifically
   56  contained in the order.
   57         (2)c.The Agency final orders that must be uploaded to the
   58  division’s electronic database indexed, unless excluded under
   59  paragraph (c) or paragraph (d), include:
   60         (a)(I) Each final agency final order resulting from a
   61  proceeding under s. 120.57 or s. 120.573.
   62         (b)(II) Each final agency final order rendered pursuant to
   63  s. 120.57(4) which contains a statement of agency policy that
   64  may be the basis of future agency decisions or that may
   65  otherwise contain a statement of precedential value.
   66         (c)(III) Each declaratory statement issued by an agency.
   67         (d)(IV) Each final order resulting from a proceeding under
   68  s. 120.56 or s. 120.574.
   69         (3)3.Each agency shall maintain a list of all agency final
   70  orders rendered pursuant to s. 120.57(4) which are not required
   71  to be uploaded to the division’s electronic database which have
   72  been excluded from the indexing requirement of this section,
   73  with the approval of the Department of State, because they do
   74  not contain statements of agency policy or statements of
   75  precedential value. The list must include the name of the
   76  parties to the proceeding and the number assigned to the final
   77  order.
   78         4. All final orders listed pursuant to subparagraph 3.
   79         (4)(b) An agency final order that must be uploaded to the
   80  division’s electronic database or maintained on an agency’s list
   81  pursuant to subsection (3) must be uploaded to the database or
   82  included on the agency’s list, respectively, indexed or listed
   83  pursuant to paragraph (a) must be indexed or listed within 90
   84  120 days after the final order is rendered. In proceedings in
   85  which the division has final order authority, the division shall
   86  upload all final orders that meet the criteria specified in
   87  subsection (2) to the electronic database within 90 days of
   88  rendering the final order. Each final order that must be
   89  uploaded to the electronic database or maintained on an agency’s
   90  list indexed or listed pursuant to paragraph (a) must have
   91  attached a copy of the complete text of any materials
   92  incorporated by reference; however, if the quantity of the
   93  materials incorporated makes attachment of the complete text of
   94  the materials impractical, the final order may contain a
   95  statement of the location of such materials and the manner in
   96  which the public may inspect or obtain copies of the materials
   97  incorporated by reference.
   98         (5)This section does not waive an agency’s responsibility
   99  for maintaining a subject matter index for final orders rendered
  100  before July 1, 2015, and identifying where such subject matter
  101  index is kept on the agency’s website. An agency may upload to
  102  the division’s electronic database all final orders rendered
  103  before July 1, 2015, which were required to be placed in a
  104  subject-matter index The Department of State shall establish by
  105  rule procedures for indexing final orders, and procedures of
  106  agencies for indexing orders must be approved by the department.
  107         (c) Each agency must receive approval in writing from the
  108  Department of State for:
  109         1. The specific types and categories of agency final orders
  110  that may be excluded from the indexing and public inspection
  111  requirements, as determined by the department pursuant to
  112  paragraph (d).
  113         2. The method for maintaining indexes, lists, and final
  114  orders that must be indexed or listed and made available to the
  115  public.
  116         3. The method by which the public may inspect or obtain
  117  copies of indexes, lists, and final orders.
  118         4. A sequential numbering system which numbers all final
  119  orders required to be indexed or listed pursuant to paragraph
  120  (a), in the order rendered.
  121         5. Proposed rules for implementing the requirements of this
  122  section for indexing and making final orders available for
  123  public inspection.
  124         (d) In determining which final orders may be excluded from
  125  the indexing and public inspection requirements, the Department
  126  of State may consider all factors specified by an agency,
  127  including precedential value, legal significance, and purpose.
  128  Only agency final orders that are of limited or no precedential
  129  value, that are of limited or no legal significance, or that are
  130  ministerial in nature may be excluded.
  131         (e) Each agency shall specify the specific types or
  132  categories of agency final orders that are excluded from the
  133  indexing and public inspection requirements.
  134         (f) Each agency shall specify the location or locations
  135  where agency indexes, lists, and final orders that are required
  136  to be indexed or listed are maintained and shall specify the
  137  method or procedure by which the public may inspect or obtain
  138  copies of indexes, lists, and final orders.
  139         (g) Each agency shall specify all systems in use by the
  140  agency to search and locate agency final orders that are
  141  required to be indexed or listed, including, but not limited to,
  142  any automated system. An agency shall make the search
  143  capabilities employed by the agency available to the public
  144  subject to reasonable terms and conditions, including a
  145  reasonable charge, as provided by s. 119.07. The agency shall
  146  specify how assistance and information pertaining to final
  147  orders may be obtained.
  148         (h) Each agency shall specify the numbering system used to
  149  identify agency final orders.
  150         (2)(a) An agency may comply with subparagraphs (1)(a)1. and
  151  2. by designating an official reporter to publish and index by
  152  subject matter each agency order that must be indexed and made
  153  available to the public, or by electronically transmitting to
  154  the division a copy of such orders for posting on the division’s
  155  website. An agency is in compliance with subparagraph (1)(a)3.
  156  if it publishes in its designated reporter a list of each agency
  157  final order that must be listed and preserves each listed order
  158  and makes it available for public inspection and copying.
  159         (b) An agency may publish its official reporter or may
  160  contract with a publishing firm to publish its official
  161  reporter; however, if an agency contracts with a publishing firm
  162  to publish its reporter, the agency is responsible for the
  163  quality, timeliness, and usefulness of the reporter. The
  164  Department of State may publish an official reporter for an
  165  agency or may contract with a publishing firm to publish the
  166  reporter for the agency; however, if the department contracts
  167  for publication of the reporter, the department is responsible
  168  for the quality, timeliness, and usefulness of the reporter. A
  169  reporter that is designated by an agency as its official
  170  reporter and approved by the Department of State constitutes the
  171  official compilation of the administrative final orders for that
  172  agency.
  173         (c) A reporter that is published by the Department of State
  174  may be made available by annual subscription, and each agency
  175  that designates an official reporter published by the department
  176  may be charged a space rate payable to the department. The
  177  subscription rate and the space rate must be equitably
  178  apportioned to cover the costs of publishing the reporter.
  179         (d) An agency that designates an official reporter need not
  180  publish the full text of an agency final order that is rendered
  181  pursuant to s. 120.57(4) and that must be indexed pursuant to
  182  paragraph (1)(a), if the final order is preserved by the agency
  183  and made available for public inspection and copying and the
  184  official reporter indexes the final order and includes a
  185  synopsis of the order. A synopsis must include the names of the
  186  parties to the order; any rule, statute, or constitutional
  187  provision pertinent to the order; a summary of the facts, if
  188  included in the order, which are pertinent to the final
  189  disposition; and a summary of the final disposition.
  190         (3) Agency orders that must be indexed or listed are
  191  documents of continuing legal value and must be permanently
  192  preserved and made available to the public. Each agency to which
  193  this chapter applies shall provide, under the direction of the
  194  Department of State, for the preservation of orders as required
  195  by this chapter and for maintaining an index to those orders.
  196         (4) Each agency must provide any person who makes a request
  197  with a written description of its organization and the general
  198  course of its operations.
  199         Section 2. Subsection (3) of section 119.021, Florida
  200  Statutes, is amended to read:
  201         119.021 Custodial requirements; maintenance, preservation,
  202  and retention of public records.—
  203         (3) Agency orders that comprise final agency action and
  204  that must be electronically uploaded indexed or listed pursuant
  205  to s. 120.53 have continuing legal significance; therefore,
  206  notwithstanding any other provision of this chapter or any
  207  provision of chapter 257, each agency shall permanently maintain
  208  records of such orders pursuant to the applicable rules of the
  209  Department of State.
  210         Section 3. Section 120.533, Florida Statutes, is amended to
  211  read:
  212         120.533 Coordination of maintenance indexing by Department
  213  of State.—The Department of State shall:
  214         (1) Administer the coordination of the maintenance
  215  indexing, management, preservation, and availability of agency
  216  orders that are required to be maintained must be indexed or
  217  listed pursuant to s. 120.53 s. 120.53(1).
  218         (2) Provide, by rule, guidelines for the maintenance
  219  indexing of agency orders. More than one system for indexing may
  220  be approved by The Department of State may approve more than one
  221  system for maintenance, including systems or methods in use, or
  222  proposed for use, by an agency. More than one system may be
  223  approved for use by a single agency as best serves the needs of
  224  that agency and the public.
  225         (3) Provide, by rule, for storage and retrieval systems to
  226  be maintained by agencies for maintenance and availability of
  227  indexing, and making available, agency orders by subject matter.
  228  The Department of State may approve more than one system,
  229  including systems in use, or proposed for use, by an agency.
  230  Storage and retrieval systems that may be used by an agency
  231  include, without limitation, a designated reporter or reporters,
  232  a microfilming system, an automated system, or any other system
  233  considered appropriate by the Department of State.
  234         (4) Determine which final orders must be maintained indexed
  235  for each agency.
  236         (5) Require each agency to report to the department
  237  concerning which types or categories of agency orders establish
  238  precedent for each agency.
  239         Section 4. Subsection (1) of section 213.22, Florida
  240  Statutes, is amended to read:
  241         213.22 Technical assistance advisements.—
  242         (1) The department may issue informal technical assistance
  243  advisements to persons, upon written request, as to the position
  244  of the department on the tax consequences of a stated
  245  transaction or event, under existing statutes, rules, or
  246  policies. After the issuance of an assessment, a technical
  247  assistance advisement may not be issued to a taxpayer who
  248  requests an advisement relating to the tax or liability for tax
  249  in respect to which the assessment has been made, except that a
  250  technical assistance advisement may be issued to a taxpayer who
  251  requests an advisement relating to the exemptions in s.
  252  212.08(1) or (2) at any time. Technical assistance advisements
  253  shall have no precedential value except to the taxpayer who
  254  requests the advisement and then only for the specific
  255  transaction addressed in the technical assistance advisement,
  256  unless specifically stated otherwise in the advisement. Any
  257  modification of an advisement shall be prospective only. A
  258  technical assistance advisement is not an order issued pursuant
  259  to s. 120.565 or s. 120.569 or a rule or policy of general
  260  applicability under s. 120.54. Section 120.53 does not apply The
  261  provisions of s. 120.53(1) are not applicable to technical
  262  assistance advisements.
  263         Section 5. This act shall take effect July 1, 2015.