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
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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.
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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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