Florida Senate - 2015 CS for SB 1284
By the Committee on Governmental Oversight and Accountability;
and Senator Soto
585-02413-15 20151284c1
1 A bill to be entitled
2 An act relating to the maintenance of agency final
3 orders; amending s. 119.021, F.S.; conforming a
4 provision to changes made by the act; amending s.
5 120.53, F.S.; requiring agencies to electronically
6 transmit certain agency final orders to a centralized
7 electronic database maintained by the Division of
8 Administrative Hearings; providing the methods by
9 which such final orders can be searched; requiring
10 each agency to maintain a list of final orders that
11 are not required to be electronically transmitted to
12 the database; providing a timeframe for electronically
13 transmitting or listing the final orders; authorizing
14 agencies to maintain subject matter indexes of final
15 orders issued before a specified date or to
16 electronically transmit such orders to the database;
17 providing that the centralized electronic database is
18 the official compilation of administrative final
19 orders issued on or after a specified date for each
20 agency; requiring an agency to redact information
21 exempt from public records requirements before
22 electronically transmitting final orders to the
23 database; deleting obsolete provisions regarding
24 filing, indexing, and publishing final orders;
25 amending s. 120.533, F.S.; requiring the Department of
26 State to provide standards and guidelines for the
27 certification and electronic transmittal and the
28 secure transmittal and maintenance of agency final
29 orders; authorizing the department to adopt rules;
30 authorizing the department to provide for an
31 alternative official compiler of agency final orders
32 under certain circumstances; conforming provisions to
33 changes made by the act; amending s. 213.22, F.S.;
34 conforming a cross-reference; providing an effective
35 date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsection (3) of section 119.021, Florida
40 Statutes, is amended to read:
41 119.021 Custodial requirements; maintenance, preservation,
42 and retention of public records.—
43 (3) Agency final orders rendered before July 1, 2015, which
44 were indexed or listed pursuant to s. 120.53, and agency final
45 orders rendered on or after July 1, 2015, which must be listed
46 or copies of which must be transmitted to the Division of
47 Administrative Hearings orders that comprise final agency action
48 and that must be indexed or listed pursuant to s. 120.53, have
49 continuing legal significance; therefore, notwithstanding any
50 other provision of this chapter or any provision of chapter 257,
51 each agency shall permanently maintain records of such orders
52 pursuant to the applicable rules of the Department of State.
53 Section 2. Section 120.53, Florida Statutes, is amended to
54 read:
55 120.53 Maintenance of agency final orders; indexing;
56 listing; organizational information.—
57 (1) In addition to maintaining records contained in s.
58 119.021(3), each agency shall also electronically transmit a
59 certified text-searchable copy of each agency final order listed
60 in subsection (2) rendered on or after July 1, 2015, to a
61 centralized electronic database of agency final orders
62 maintained by the division. The database must allow users to
63 research and retrieve the full texts of agency final orders by:
64 (a) The name of the agency that issued the final order.
65 (b) The date the final order was issued.
66 (c) The type of final order.
67 (d) The subject of the final order.
68 (e) Terms contained in the text of the final order.
69 (a) Each agency shall maintain:
70 1. All agency final orders.
71 2.a. A current hierarchical subject-matter index,
72 identifying for the public any rule or order as specified in
73 this subparagraph.
74 b. In lieu of the requirement for making available for
75 public inspection and copying a hierarchical subject-matter
76 index of its orders, an agency may maintain and make available
77 for public use an electronic database of its orders that allows
78 users to research and retrieve the full texts of agency orders
79 by devising an ad hoc indexing system employing any logical
80 search terms in common usage which are composed by the user and
81 which are contained in the orders of the agency or by
82 descriptive information about the order which may not be
83 specifically contained in the order.
84 (2)c. The agency final orders that must be electronically
85 transmitted to the centralized electronic database indexed,
86 unless excluded under paragraph (c) or paragraph (d), include:
87 (a)(I) Each final agency order resulting from a proceeding
88 under s. 120.57 or s. 120.573.
89 (b)(II) Each final agency order rendered pursuant to s.
90 120.57(4) which contains a statement of agency policy that may
91 be the basis of future agency decisions or that may otherwise
92 contain a statement of precedential value.
93 (c)(III) Each declaratory statement issued by an agency.
94 (d)(IV) Each final order resulting from a proceeding under
95 s. 120.56 or s. 120.574.
96 (3)3. Each agency shall maintain a list of all final orders
97 rendered pursuant to s. 120.57(4) that are not required to be
98 electronically transmitted to the centralized electronic
99 database which have been excluded from the indexing requirement
100 of this section, with the approval of the Department of State,
101 because they do not contain statements of agency policy or
102 statements of precedential value. The list must include the name
103 of the parties to the proceeding and the number assigned to the
104 final order.
105 4. All final orders listed pursuant to subparagraph 3.
106 (4)(b) Each An agency final order, whether rendered by the
107 agency or the division, that must be electronically transmitted
108 to the centralized electronic database or maintained on a list
109 pursuant to subsection (3) must be electronically transmitted to
110 the database or added to the list within 90 days after the final
111 indexed or listed pursuant to paragraph (a) must be indexed or
112 listed within 120 days after the order is rendered. Each final
113 order that must be electronically transmitted to the database or
114 added to the list indexed or listed pursuant to paragraph (a)
115 must have attached a copy of the complete text of any materials
116 incorporated by reference; however, if the quantity of the
117 materials incorporated makes attachment of the complete text of
118 the materials impractical, the final order may contain a
119 statement of the location of such materials and the manner in
120 which the public may inspect or obtain copies of the materials
121 incorporated by reference. The Department of State shall
122 establish by rule procedures for indexing final orders, and
123 procedures of agencies for indexing orders must be approved by
124 the department.
125 (5) Nothing in this section relieves an agency from its
126 responsibility for maintaining a subject matter index of final
127 orders rendered before July 1, 2015, and identifying the
128 location of the subject matter index on the agency’s website. In
129 addition, an agency may electronically transmit to the
130 centralized electronic database certified copies of all of the
131 final orders that were rendered before July 1, 2015, which were
132 required to be in the subject matter index. The centralized
133 electronic database constitutes the official compilation of
134 administrative final orders rendered on or after July 1, 2015,
135 for each agency.
136 (6) Before electronically transmitting agency final orders
137 to the centralized electronic database, each agency shall redact
138 all information in a final order which is exempt or confidential
139 and exempt from public records requirements.
140 (c) Each agency must receive approval in writing from the
141 Department of State for:
142 1. The specific types and categories of agency final orders
143 that may be excluded from the indexing and public inspection
144 requirements, as determined by the department pursuant to
145 paragraph (d).
146 2. The method for maintaining indexes, lists, and final
147 orders that must be indexed or listed and made available to the
148 public.
149 3. The method by which the public may inspect or obtain
150 copies of indexes, lists, and final orders.
151 4. A sequential numbering system which numbers all final
152 orders required to be indexed or listed pursuant to paragraph
153 (a), in the order rendered.
154 5. Proposed rules for implementing the requirements of this
155 section for indexing and making final orders available for
156 public inspection.
157 (d) In determining which final orders may be excluded from
158 the indexing and public inspection requirements, the Department
159 of State may consider all factors specified by an agency,
160 including precedential value, legal significance, and purpose.
161 Only agency final orders that are of limited or no precedential
162 value, that are of limited or no legal significance, or that are
163 ministerial in nature may be excluded.
164 (e) Each agency shall specify the specific types or
165 categories of agency final orders that are excluded from the
166 indexing and public inspection requirements.
167 (f) Each agency shall specify the location or locations
168 where agency indexes, lists, and final orders that are required
169 to be indexed or listed are maintained and shall specify the
170 method or procedure by which the public may inspect or obtain
171 copies of indexes, lists, and final orders.
172 (g) Each agency shall specify all systems in use by the
173 agency to search and locate agency final orders that are
174 required to be indexed or listed, including, but not limited to,
175 any automated system. An agency shall make the search
176 capabilities employed by the agency available to the public
177 subject to reasonable terms and conditions, including a
178 reasonable charge, as provided by s. 119.07. The agency shall
179 specify how assistance and information pertaining to final
180 orders may be obtained.
181 (h) Each agency shall specify the numbering system used to
182 identify agency final orders.
183 (2)(a) An agency may comply with subparagraphs (1)(a)1. and
184 2. by designating an official reporter to publish and index by
185 subject matter each agency order that must be indexed and made
186 available to the public, or by electronically transmitting to
187 the division a copy of such orders for posting on the division’s
188 website. An agency is in compliance with subparagraph (1)(a)3.
189 if it publishes in its designated reporter a list of each agency
190 final order that must be listed and preserves each listed order
191 and makes it available for public inspection and copying.
192 (b) An agency may publish its official reporter or may
193 contract with a publishing firm to publish its official
194 reporter; however, if an agency contracts with a publishing firm
195 to publish its reporter, the agency is responsible for the
196 quality, timeliness, and usefulness of the reporter. The
197 Department of State may publish an official reporter for an
198 agency or may contract with a publishing firm to publish the
199 reporter for the agency; however, if the department contracts
200 for publication of the reporter, the department is responsible
201 for the quality, timeliness, and usefulness of the reporter. A
202 reporter that is designated by an agency as its official
203 reporter and approved by the Department of State constitutes the
204 official compilation of the administrative final orders for that
205 agency.
206 (c) A reporter that is published by the Department of State
207 may be made available by annual subscription, and each agency
208 that designates an official reporter published by the department
209 may be charged a space rate payable to the department. The
210 subscription rate and the space rate must be equitably
211 apportioned to cover the costs of publishing the reporter.
212 (d) An agency that designates an official reporter need not
213 publish the full text of an agency final order that is rendered
214 pursuant to s. 120.57(4) and that must be indexed pursuant to
215 paragraph (1)(a), if the final order is preserved by the agency
216 and made available for public inspection and copying and the
217 official reporter indexes the final order and includes a
218 synopsis of the order. A synopsis must include the names of the
219 parties to the order; any rule, statute, or constitutional
220 provision pertinent to the order; a summary of the facts, if
221 included in the order, which are pertinent to the final
222 disposition; and a summary of the final disposition.
223 (3) Agency orders that must be indexed or listed are
224 documents of continuing legal value and must be permanently
225 preserved and made available to the public. Each agency to which
226 this chapter applies shall provide, under the direction of the
227 Department of State, for the preservation of orders as required
228 by this chapter and for maintaining an index to those orders.
229 (4) Each agency must provide any person who makes a request
230 with a written description of its organization and the general
231 course of its operations.
232 Section 3. Section 120.533, Florida Statutes, is amended to
233 read:
234 120.533 Coordination of the transmittal, indexing, and
235 listing of agency final orders by Department of State.—The
236 Department of State shall:
237 (1) Coordinate Administer the coordination of the
238 transmittal, indexing, management, preservation, and
239 availability of agency final orders that must be transmitted,
240 indexed, or listed pursuant to s. 120.53 s. 120.53(1).
241 (2) Provide, by rule, guidelines for the indexing of agency
242 final orders. More than one system for indexing may be approved
243 by the Department of State, including systems or methods in use,
244 or proposed for use, by an agency. More than one system may be
245 approved for use by a single agency as best serves the needs of
246 that agency and the public.
247 (3) Provide, by rule, for storage and retrieval systems to
248 be maintained by agencies pursuant to s. 120.53(5) for indexing,
249 and making available, agency final orders by subject matter. The
250 Department of State may authorize approve more than one system,
251 including systems in use, or proposed for use, by an agency.
252 Storage and retrieval systems that may be used by an agency
253 include, without limitation, a designated reporter or reporters,
254 a microfilming system, an automated system, or any other system
255 considered appropriate by the Department of State.
256 (4) Provide standards and guidelines for the certification
257 and electronic transmittal of copies of agency final orders to
258 the division as required under s. 120.53, and, to protect the
259 integrity and authenticity of information publicly accessible
260 through the electronic database, coordinate and provide
261 standards and guidelines to ensure the security of copies of
262 agency final orders transmitted and maintained in the electronic
263 database by the division under s. 120.53(1).
264 (5)(4) For each agency, determine which final orders must
265 be indexed or transmitted for each agency.
266 (6)(5) Require each agency to report to the department
267 concerning which types or categories of agency orders establish
268 precedent for each agency.
269 (7) Adopt rules as necessary to administer its
270 responsibilities under this section, which shall be binding on
271 all agencies, including the division acting in the capacity of
272 official compiler of administrative final orders under s.
273 120.53, notwithstanding s. 120.65. The Department of State may
274 provide for an alternative official compiler to manage and
275 operate the division’s database and related services if the
276 Administration Commission determines that the performance of the
277 division as official compiler is unsatisfactory.
278 Section 4. Subsection (1) of section 213.22, Florida
279 Statutes, is amended to read:
280 213.22 Technical assistance advisements.—
281 (1) The department may issue informal technical assistance
282 advisements to persons, upon written request, as to the position
283 of the department on the tax consequences of a stated
284 transaction or event, under existing statutes, rules, or
285 policies. After the issuance of an assessment, a technical
286 assistance advisement may not be issued to a taxpayer who
287 requests an advisement relating to the tax or liability for tax
288 in respect to which the assessment has been made, except that a
289 technical assistance advisement may be issued to a taxpayer who
290 requests an advisement relating to the exemptions in s.
291 212.08(1) or (2) at any time. Technical assistance advisements
292 shall have no precedential value except to the taxpayer who
293 requests the advisement and then only for the specific
294 transaction addressed in the technical assistance advisement,
295 unless specifically stated otherwise in the advisement. Any
296 modification of an advisement shall be prospective only. A
297 technical assistance advisement is not an order issued pursuant
298 to s. 120.565 or s. 120.569 or a rule or policy of general
299 applicability under s. 120.54. The provisions of s. 120.53 s.
300 120.53(1) are not applicable to technical assistance
301 advisements.
302 Section 5. This act shall take effect July 1, 2015.