Senate Bill sb1374c1
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Florida Senate - 2003 CS for SB 1374
By the Committee on Governmental Oversight and Productivity;
and Senator Peaden
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1 A bill to be entitled
2 An act relating to to administrative
3 procedures; amending s. 120.55, F.S.; providing
4 for electronic publication of the Florida
5 Administrative Weekly on an Internet website in
6 lieu of paper publication; amending content
7 requirements for the Florida Administrative
8 Weekly; requiring the Department of State to
9 review notices; eliminating fees associated
10 with the Florida Administrative Weekly;
11 providing website search and archiving
12 requirements; providing for free agency and
13 public access to the Florida Administrative
14 Weekly Internet website; eliminating trust fund
15 provisions; amending s. 120.551, F.S.;
16 extending the time for the Department of
17 Environmental Protection's Internet publication
18 pilot project; amending s. 287.042, F.S.;
19 eliminating obsolete provisions; repealing s.
20 120.551, F.S.; providing for the future repeal
21 of provisions requiring an Internet publication
22 pilot project; providing for discontinuation of
23 the paper version of the Florida Administrative
24 Weekly; requiring notice of discontinuation;
25 providing for agency training courses;
26 providing effective dates.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Effective January 1, 2004, section 120.55,
31 Florida Statutes, is amended to read:
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1 120.55 Publication.--
2 (1) The Department of State shall:
3 (a)1. Publish in a permanent compilation entitled
4 "Florida Administrative Code" all rules adopted by each
5 agency, citing the specific rulemaking authority pursuant to
6 which each rule was adopted, all history notes as authorized
7 in s. 120.545(9), and complete indexes to all rules contained
8 in the code. Supplementation shall be made as often as
9 practicable, but at least monthly. The department may
10 contract with a publishing firm for the publication, in a
11 timely and useful form, of the Florida Administrative Code;
12 however, the department shall retain responsibility for the
13 code as provided in this section. This publication shall be
14 the official compilation of the administrative rules of this
15 state. The Department of State shall retain the copyright
16 over the Florida Administrative Code.
17 2. Rules general in form but applicable to only one
18 school district, community college district, or county, or a
19 part thereof, or state university rules relating to internal
20 personnel or business and finance shall not be published in
21 the Florida Administrative Code. Exclusion from publication in
22 the Florida Administrative Code shall not affect the validity
23 or effectiveness of such rules.
24 3. At the beginning of the section of the code dealing
25 with an agency that files copies of its rules with the
26 department, the department shall publish the address and
27 telephone number of the executive offices of each agency, the
28 manner by which the agency indexes its rules, a listing of all
29 rules of that agency excluded from publication in the code,
30 and a statement as to where those rules may be inspected.
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1 4. Forms shall not be published in the Florida
2 Administrative Code; but any form which an agency uses in its
3 dealings with the public, along with any accompanying
4 instructions, shall be filed with the committee before it is
5 used. Any form or instruction that which meets the definition
6 of "rule" provided in s. 120.52 shall be incorporated by
7 reference into the appropriate rule. The reference shall
8 specifically state that the form is being incorporated by
9 reference and shall include the number, title, and effective
10 date of the form and an explanation of how the form may be
11 obtained.
12 (b) Electronically publish on an Internet website,
13 established and maintained by the State Technology Office, a
14 weekly publication entitled the "Florida Administrative
15 Weekly," which shall contain:
16 1. Notice of adoption of, and an index to, all rules
17 filed during the preceding week.
18 2. All notices required by s. 120.54(3)(a), showing
19 the text of all rules proposed for consideration or a
20 reference to the location in the Florida Administrative Weekly
21 where the text of the proposed rules is published.
22 3. All notices of public meetings, hearings, and
23 workshops conducted in accordance with the provisions of s.
24 120.525, including a statement of the manner in which a copy
25 of the agenda may be obtained.
26 4. A notice of each request for authorization to amend
27 or repeal an existing uniform rule or for the adoption of new
28 uniform rules.
29 5. Notice of petitions for declaratory statements or
30 administrative determinations.
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1 6. A summary of each objection to any rule filed by
2 the Administrative Procedures Committee during the preceding
3 week.
4 7. Any other material required or authorized by law or
5 deemed useful by the department.
6 (c) Review notices for compliance with format and
7 numbering requirements prior to publishing on the Florida
8 Administrative Weekly Internet website.
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10 The department may contract with a publishing firm for
11 publication of the Florida Administrative Weekly.
12 (d)(c) Prescribe by rule the style and form required
13 for rules submitted for filing and establish the form for
14 their certification.
15 (e)(d) Correct grammatical, typographical, and like
16 errors not affecting the construction or meaning of the rules,
17 after having obtained the advice and consent of the
18 appropriate agency, and insert history notes.
19 (e) Make copies of the Florida Administrative Weekly
20 available on an annual subscription basis computed to cover a
21 pro rata share of 50 percent of the costs related to the
22 publication of the Florida Administrative Weekly.
23 (f) Charge each agency using the Florida
24 Administrative Weekly a space rate computed to cover a pro
25 rata share of 50 percent of the costs related to the Florida
26 Administrative Weekly.
27 (2) The Florida Administrative Weekly Internet website
28 shall allow users to:
29 (a) Search for notices by type, publication date,
30 program area, rule number, or agency;
31 (b) Search by word or subject;
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1 (c) Search a permanent database that archives all
2 notices published on the website; and
3 (d) Subscribe to an automated e-mail notification of
4 selected notices.
5 (3)(2) Each agency shall print or distribute copies of
6 its rules, citing the specific rulemaking authority pursuant
7 to which each rule was adopted.
8 (4)(3) Any publication of a proposed rule promulgated
9 by an agency, whether published in the Florida Administrative
10 Code or elsewhere, shall include, along with the rule, the
11 name of the person or persons originating such rule, the name
12 of the supervisor or person who approved the rule, and the
13 date upon which the rule was approved.
14 (5)(4)(a) Agencies shall not be assessed any charge
15 for publishing in the Florida Administrative Weekly, and
16 access to the Florida Administrative Weekly Internet website
17 and its contents, including the e-mail notification service,
18 shall be free for agencies and the public. Each year the
19 Department of State shall furnish the Florida Administrative
20 Weekly, without charge and upon request, as follows:
21 1. One subscription to each federal and state court
22 having jurisdiction over the residents of the state; the
23 Legislative Library; each state university library; the State
24 Library; each depository library designated pursuant to s.
25 257.05; and each standing committee of the Senate and House of
26 Representatives and each state legislator.
27 2. Two subscriptions to each state department.
28 3. Three subscriptions to the library of the Supreme
29 Court of Florida, the library of each state district court of
30 appeal, the division, the library of the Attorney General,
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1 each law school library in Florida, the Secretary of the
2 Senate, and the Clerk of the House of Representatives.
3 4. Ten subscriptions to the committee.
4 (b) The Department of State shall furnish one copy of
5 the Florida Administrative Weekly, at no cost, to each clerk
6 of the circuit court and each state department, for posting
7 for public inspection.
8 (5)(a) There is hereby created in the State Treasury a
9 revolving fund to be known as the "Publication Revolving Trust
10 Fund" of the Department of State.
11 (b) All fees and moneys collected by the Department of
12 State under this chapter shall be deposited in the revolving
13 trust fund for the purpose of paying for the publication and
14 distribution of the Florida Administrative Code and the
15 Florida Administrative Weekly and for associated costs
16 incurred by the department in carrying out this chapter.
17 (c) The unencumbered balance in the revolving trust
18 fund at the beginning of each fiscal year shall not exceed
19 $300,000, and any excess shall be transferred to the General
20 Revenue Fund.
21 (d) It is the intent of the Legislature that the
22 Florida Administrative Weekly be supported entirely from funds
23 collected for subscriptions to and advertisements in the
24 Florida Administrative Weekly. To that end, the Department of
25 State is authorized to add a surcharge of 10 percent to any
26 charge relating to the Florida Administrative Weekly until
27 such time as the Publication Revolving Trust Fund has
28 transferred to the General Revenue Fund an amount equal to all
29 funds appropriated to the trust fund.
30 Section 2. Subsection (1) of section 120.551, Florida
31 Statutes, is amended to read:
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1 120.551 Internet publication pilot project.--
2 (1) On or before December 31, 2001, the Department of
3 Environmental Protection and the State Technology Office shall
4 establish and commence a pilot project to determine the
5 cost-effectiveness of publication of notices on the Internet
6 in lieu of complete publication in the Florida Administrative
7 Weekly. The pilot project shall end on December 31, 2003 July
8 1, 2003. Under this pilot project, notwithstanding any other
9 provision of law, whenever the Department of Environmental
10 Protection is required to publish notices in the Florida
11 Administrative Weekly, the Department of Environmental
12 Protection instead may publish a summary of such notice in the
13 Florida Administrative Weekly along with the specific URL or
14 Internet address where the complete notice required by law
15 shall be published. The Department of Environmental Protection
16 shall publish all other notices in the manner prescribed by
17 law. Notices published on the Internet under this section
18 shall clearly state the date the notice was first posted on
19 the Internet and shall be initially posted only on the same
20 days the Florida Administrative Weekly is published. Notices
21 related to rulemaking published on the Internet under this
22 provision shall be maintained on the Internet for a period of
23 at least 12 months after the effective date of the rule or at
24 least 3 months after the publication of a notice of withdrawal
25 of the proposed rule. All other notices published on the
26 Internet under this provision shall be maintained on the
27 Internet for a period of at least 3 months after the date
28 first posted. A searchable database or other electronic system
29 to be permanently maintained on the Internet for the purpose
30 of archiving all notices published on the Internet and
31 allowing citizens permanent electronic access to such archived
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1 records shall also be established by the pilot project. No
2 notice posted on the Internet shall be removed until the
3 searchable database is implemented.
4 Section 3. Paragraph (b) of subsection (3) of section
5 287.042, Florida Statutes, is amended to read:
6 287.042 Powers, duties, and functions.--The department
7 shall have the following powers, duties, and functions:
8 (3) To establish a system of coordinated, uniform
9 procurement policies, procedures, and practices to be used by
10 agencies in acquiring commodities and contractual services,
11 which shall include, but not be limited to:
12 (b)1. Development of procedures for advertising
13 solicitations. These procedures must provide for electronic
14 posting of solicitations for at least 10 days before the date
15 set for receipt of bids, proposals, or replies, unless the
16 department or other agency determines in writing that a
17 shorter period of time is necessary to avoid harming the
18 interests of the state. The Office of Supplier Diversity may
19 consult with the department regarding the development of
20 solicitation distribution procedures to ensure that maximum
21 distribution is afforded to certified minority business
22 enterprises as defined in s. 288.703.
23 2. Development of procedures for electronic posting.
24 The department shall designate a centralized website on the
25 Internet for the department and other agencies to
26 electronically post solicitations, decisions or intended
27 decisions, and other matters relating to procurement. From
28 July 1, 2002, until July 1, 2003, the department shall publish
29 a notice in each edition of the Florida Administrative Weekly
30 which indicates the specific URL or Internet address for the
31 centralized website.
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1 Section 4. Effective December 31, 2003, section
2 120.551, Florida Statutes, is repealed.
3 Section 5. Publication of the paper version of the
4 Florida Administrative Weekly shall be discontinued as of
5 December 31, 2003. Beginning October 1, 2003, each Florida
6 Administrative Weekly issue published shall include a notice
7 indicating that the paper version of the Florida
8 Administrative Weekly will no longer be published as of the
9 date established in this section and indicating the specific
10 Internet URL or address for the future Florida Administrative
11 Weekly Internet website.
12 Section 6. The Department of State, with the
13 assistance of the State Technology Office, shall, prior to
14 December 31, 2003, make training courses available to all
15 agencies currently required to publish in the paper version of
16 the Florida Administrative Weekly. The training courses shall
17 be for the purpose of assisting the agencies with their
18 transition to publishing on the Florida Administrative Weekly
19 Internet website and may be provided in the form of workshops
20 or self-training software packages.
21 Section 7. Except as otherwise expressly provided in
22 this act, this act shall take effect upon becoming a law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1374
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4 Removes the bill's provisions that permitted agencies required
to publish in the Florida Administrative Weekly to
5 discretionarily elect to publish administrative notices on
individual agency Internet websites. Requires the Department
6 of State to discontinue paper publication of the Florida
Adminstrative Weekly and to begin publishing the Florida
7 Administrative Weekly on a single Internet website established
and maintained by the State Technology Office. Specifies
8 requirements for the contents of the website. Requires that
access to the website be provided free of charge to agencies
9 and the public. Requires training courses to be provided to
agencies to assist with their transition to Internet
10 publishing.
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