HOUSE AMENDMENT Bill No. HB 1157 CS
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Murzin offered the following:
13
14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Section 120.551, Florida Statutes, is amended
17	to read:
18	120.551 Internet publication pilot project.--
19	(1) On or before December 31, 2001,The Department of
20	Environmental Protection on its own behalf and acting as staff
21	to the Board of Trustees of the Internal Improvement Trust Fund
22	shall publishand the State Technology Office shall establish
23	and commence a pilot project to determine the cost-effectiveness
24	of publication of notices on the Internet in lieu of complete
25	publication in the Florida Administrative Weekly. The pilot
26	project shall end on July 1, 2003. Under this pilot project,
27	Notwithstanding any other provision of law, whenever notices are
28	published on the Internet in lieu ofthe Department of
29	Environmental Protection is required to publish noticesin the
30	Florida Administrative Weekly, the Department of State shall
31	Environmental Protection instead may publish a summary of such
32	notice in the Florida Administrative Weekly along withthe
33	specific URL or Internet address where the complete agency
34	notice required by law shall be published. The Department of
35	Environmental Protection shall publish All other notices shall
36	be publishedin the manner prescribed by law. Notices published
37	on the Internet under this section shall clearly state the date
38	the notice was first posted on the Internet and shall be
39	initially posted only on the same days the Florida
40	Administrative Weekly is published. Notices related to
41	rulemaking published on the Internet under this provision shall
42	be maintained on the Internet for a period of at least 12 months
43	after the effective date of the rule or at least 3 months after
44	the publication of a notice of withdrawal of the proposed rule.
45	All other notices published on the Internet under this provision
46	shall be maintained on the Internet for a period of at least 3
47	months after the date first posted. A searchable database or
48	other electronic system shalltobe permanently maintained on
49	the Internet for the purpose of archiving all notices published
50	on the Internet and allowing citizens permanent electronic
51	access to such archived records shall also be established by the
52	pilot project. No notice posted on the Internet shall be removed
53	until the searchable database is implemented.
54	(2) The Department of State shall publish notice of this
55	pilot project in each weekly publication of the Florida
56	Administrative Weekly. The notice shall state: "Under a
57	temporary pilot project, in conjunction with the State
58	Technology Office, to determine the cost-effectiveness of
59	Internet publication of notices in lieu of complete publication
60	in the Florida Administrative Weekly, summaries of notices of
61	the Department of Environmental Protection are being published
62	in the Florida Administrative Weekly along with a reference to
63	the specific Internet URL or address where the complete notice
64	required by law shall be published."
65	(3) No later than January 31, 2003, the Department of
66	Environmental Protection, the State Technology Office, and the
67	Department of State shall submit a report to the Governor, the
68	President of the Senate, and the Speaker of the House of
69	Representatives containing findings on the cost-effectiveness of
70	publication of notices on the Internet in lieu of publication in
71	the Florida Administrative Weekly, and recommendations,
72	including legislative or rule changes, for modifications to the
73	process necessary to effectuate publication of notices on the
74	Internet.
75	Section 2. Paragraph (i) of subsection (1) of section
76	120.54, Florida Statutes, is amended to read:
77	120.54 Rulemaking.--
78	(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
79	EMERGENCY RULES.--
80	(i)1.A rule may incorporate material by reference but
81	only as the material exists on the date the rule is adopted. For
82	purposes of the rule, changes in the material are not effective
83	unless the rule is amended to incorporate the changes.
84	2. Notwithstanding any provision in this section to the
85	contrary, when an adopted rule of the Department of
86	Environmental Protection or a water management district is
87	incorporated by reference in the other agency’s rule to
88	implement a provision of chapter 373, subsequent amendments to
89	the rule are not effective as to the incorporating rule unless
90	the agency incorporating by reference notifies the committee and
91	the Department of State of its intent to adopt the subsequent
92	amendment, publishes notice of such intent in the Florida
93	Administrative Weekly, and files with the Department of State a
94	copy of the amended rule incorporated by reference. Changes in
95	the rule incorporated by reference are effective 20 days after
96	the date of the published notice and filing with the Department
97	of State. The Department of State shall amend the history note
98	of the incorporating rule to show the effective date of such
99	change. Any substantially affected person may, within 14 days
100	after the date of publication of the notice of intent in the
101	Florida Administrative Weekly, file an objection to rulemaking
102	with the agency. The objection shall specify the portions of the
103	rule incorporated by reference to which the person objects and
104	the reasons for the objection. The agency shall not have the
105	authority under this subparagraph to adopt those portions of the
106	rule specified in such objection. Objections which are frivolous
107	or which duplicate those previously filed during the initial
108	adoption of the rule incorporated by reference shall not be
109	considered sufficient to prohibit the agency from adopting rules
110	under this subparagraph. The agency shall publish notice of the
111	objection, and its action in response, in the next available
112	issue of the Florida Administrative Weekly.
113	3.A rule may not be amended by reference only. Amendments
114	must set out the amended rule in full in the same manner as
115	required by the State Constitution for laws. The Department of
116	State may prescribe by rule requirements for incorporating
117	materials by reference pursuant to this paragraph.
118	Section 3. This act shall take effect upon becoming a law.
119
120	================= T I T L E A M E N D M E N T =================
121	Remove the entire title, and insert:
122	A bill to be entitled
123	An act relating to agency rules; amending s. 120.551,
124	F.S.; providing that the Department of Environmental
125	Protection on its own behalf and on behalf of the Board of
126	Trustees of the Internal Improvement Trust Fund shall
127	publish its notices on the Internet rather than by
128	publication in the Florida Administrative Weekly;
129	requiring the Department of State to publish the specific
130	URL or Internet address for such notices; eliminating a
131	duplicative pilot project which is scheduled to terminate;
132	amending s. 120.54, F.S.; providing that subsequent
133	amendments to certain rules of the Department of
134	Environmental Protection or water management districts
135	which were incorporated by the other agency into its rules
136	are not automatically incorporated into such rules;
137	providing notice and procedures for such additional
138	incorporation; providing for the filing of objections by
139	affected persons; providing notice and procedures for
140	filing such objections; providing an effective date.