Senate Bill sb1374

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    Florida Senate - 2003                                  SB 1374

    By Senator Peaden





    2-566-03

  1                      A bill to be entitled

  2         An act relating to administrative procedures;

  3         amending s. 120.551, F.S.; authorizing agencies

  4         to publish on the Internet notices otherwise

  5         required to be published in the Florida

  6         Administrative Weekly; prescribing procedures

  7         to be used by agencies electing to publish on

  8         the Internet; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 120.551, Florida Statutes, is

13  amended to read:

14         120.551  Internet publication of notices in lieu of

15  publication in Florida Administrative Weekly pilot project.--

16         (1)  Notwithstanding any other provision of law,

17  whenever an agency is required to publish notices in the

18  Florida Administrative Weekly, it may, in lieu of publishing

19  in the Florida Administrative Weekly, elect to publish such

20  notices on the Internet. Notices published on the Internet

21  under this section must clearly state the date the notice was

22  first posted on the Internet, must be posted only on the same

23  days the Florida Administrative Weekly is published, and must

24  comply with the form and content provisions of rules 1S-1.002

25  through 1S-1.004, F.A.C. Each agency electing to publish on

26  the Internet under this section shall establish an Internet

27  noticing site accessible through a common portal or link to be

28  established by the State Technology Office on the home page of

29  MyFlorida.com. Additional links to the Internet noticing site

30  may also be placed on the agency's own Internet home page.

31  Such Internet noticing site must, at a minimum:

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    Florida Senate - 2003                                  SB 1374
    2-566-03




 1         (a)  Conform to all applicable procedures or guidelines

 2  established by the State Technology Office;

 3         (b)  Organize published notices under the same

 4  categories as provided in sections I through XII of the

 5  Florida Administrative Weekly;

 6         (c)  Allow the public to search notices by date of

 7  publication, category of notice, or applicable rule chapter

 8  number;

 9         (d)  Maintain a permanent researchable On or before

10  December 31, 2001, the Department of Environmental Protection

11  and the State Technology Office shall establish and commence a

12  pilot project to determine the cost-effectiveness of

13  publication of notices on the Internet in lieu of complete

14  publication in the Florida Administrative Weekly. The pilot

15  project shall end on July 1, 2003. Under this pilot project,

16  notwithstanding any other provision of law, whenever the

17  Department of Environmental Protection is required to publish

18  notices in the Florida Administrative Weekly, the Department

19  of Environmental Protection instead may publish a summary of

20  such notice in the Florida Administrative Weekly along with

21  the specific URL or Internet address where the complete notice

22  required by law shall be published. The Department of

23  Environmental Protection shall publish all other notices in

24  the manner prescribed by law. Notices published on the

25  Internet under this section shall clearly state the date the

26  notice was first posted on the Internet and shall be initially

27  posted only on the same days the Florida Administrative Weekly

28  is published. Notices related to rulemaking published on the

29  Internet under this provision shall be maintained on the

30  Internet for a period of at least 12 months after the

31  effective date of the rule or at least 3 months after the

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    Florida Senate - 2003                                  SB 1374
    2-566-03




 1  publication of a notice of withdrawal of the proposed rule.

 2  All other notices published on the Internet under this

 3  provision shall be maintained on the Internet for a period of

 4  at least 3 months after the date first posted. A searchable

 5  database or other electronic system to be permanently

 6  maintained on the Internet for the purpose of archiving all

 7  notices published on the Internet and allowing citizens

 8  permanent electronic access to such archived records; and

 9         (e)  Provide an optional free e-mail subscription

10  service that directly notifies registered subscribers when a

11  notice has been published concerning an area of interest

12  specified in the person's subscription registration. shall

13  also be established by the pilot project. No notice posted on

14  the Internet shall be removed until the searchable database is

15  implemented.

16         (2)  If an agency elects to publish notices on the

17  Internet, the agency shall publish notice of that election in

18  each weekly publication of the Florida Administrative Weekly

19  for at least 90 days before the implementation of such

20  election; however, the Department of Environmental Protection

21  may continue to publish notices on the Internet without prior

22  notice of that election. Upon commencement of publication on

23  the Internet under such election, the agency shall publish in

24  each weekly publication of the Florida Administrative Weekly a

25  notice stating: "Pursuant to section 120.551, F.S., the  name

26  of agency  has elected to publish notices on the Internet at

27  the following Internet URL or address:  state URL or Internet

28  address ." The Department of State shall establish in the

29  Florida Administrative Weekly a specific section for all such

30  notices. The Department of State shall publish notice of this

31  pilot project in each weekly publication of the Florida

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    Florida Senate - 2003                                  SB 1374
    2-566-03




 1  Administrative Weekly. The notice shall state:  "Under a

 2  temporary pilot project, in conjunction with the State

 3  Technology Office, to determine the cost-effectiveness of

 4  Internet publication of notices in lieu of complete

 5  publication in the Florida Administrative Weekly, summaries of

 6  notices of the Department of Environmental Protection are

 7  being published in the Florida Administrative Weekly along

 8  with a reference to the specific Internet URL or address where

 9  the complete notice required by law shall be published."

10         (3)  No later than January 31, 2003, the Department of

11  Environmental Protection, the State Technology Office, and the

12  Department of State shall submit a report to the Governor, the

13  President of the Senate, and the Speaker of the House of

14  Representatives containing findings on the cost-effectiveness

15  of publication of notices on the Internet in lieu of

16  publication in the Florida Administrative Weekly, and

17  recommendations, including legislative or rule changes, for

18  modifications to the process necessary to effectuate

19  publication of notices on the Internet.

20         Section 2.  This act shall take effect July 1, 2003.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Allows agencies to elect to publish on the Internet
      notices currently required to be published in the Florida
25    Administrative Weekly and specifies procedures to be used
      in establishing the Internet site for such notices and
26    for publicizing the change in publication location.

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