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