Senate Bill sb1374e1

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    CS for SB 1374                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to to administrative

  3         procedures; amending s. 120.551, F.S.;

  4         eliminating the Internet publication pilot

  5         project; defining terms; providing that notices

  6         required to be published in the Florida

  7         Administrative Weekly by the Department of

  8         Environmental Protection and the Board of

  9         Trustees of the Internal Improvement Trust Fund

10         shall be published on an Internet website;

11         specifying Internet website requirements;

12         specifying publication requirements; directing

13         the Department of State to publish a statement

14         in the Florida Administrative Weekly that

15         indicates the Internet website address;

16         providing for the future repeal of the section;

17         providing an effective date.

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

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21         Section 1.  Section 120.551, Florida Statutes, is

22  amended to read:

23         120.551  Internet publication pilot project.--

24         (1)  For purposes of this section, the term:

25         (a)  "Agency" means the Department of Environmental

26  Protection and the Board of Trustees of the Internal

27  Improvement Trust Fund.

28         (b)  "Internet website" means a centralized Internet

29  website that is established and maintained by the Department

30  of Environmental Protection, is provided to the public without

31  charge, and permits the public to:


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    CS for SB 1374                                 First Engrossed



 1         1.  Search notices by type, publication date, program

 2  area, or rule number;

 3         2.  Search a permanent database that archives all

 4  notices published on the website; and

 5         3.  Subscribe to an automated e-mail notification of

 6  selected notice types.

 7         (2)  Whenever the agency is required to publish notices

 8  in the Florida Administrative Weekly, the agency shall instead

 9  publish the complete notice On or before December 31, 2001,

10  the Department of Environmental Protection and the State

11  Technology Office shall establish and commence a pilot project

12  to determine the cost-effectiveness of publication of notices

13  on the Internet website in lieu of complete publication in the

14  Florida Administrative Weekly. Notices published on the

15  Internet website shall clearly state the date the notice was

16  first published and shall be published only on the same days

17  as the Florida Administrative Weekly is published. The pilot

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

19  notwithstanding any other provision of law, whenever the

20  Department of Environmental Protection is required to publish

21  notices in the Florida Administrative Weekly, the Department

22  of State shall Environmental Protection instead may publish a

23  statement summary of such notice in the Florida Administrative

24  Weekly that indicates along with the specific URL or Internet

25  address for the Internet website where the complete notice

26  required by law shall be published. The agency Department of

27  Environmental Protection shall publish all other notices in

28  the manner prescribed by law. Notices published on the

29  Internet under this section shall clearly state the date the

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

31  posted only on the same days the Florida Administrative Weekly


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    CS for SB 1374                                 First Engrossed



 1  is published. Notices related to rulemaking published on the

 2  Internet under this provision shall be maintained on the

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

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

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

 6  All other notices published on the Internet under this

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

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

 9  database or other electronic system to be permanently

10  maintained on the Internet for the purpose of archiving all

11  notices published on the Internet and allowing citizens

12  permanent electronic access to such archived records 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         (3)  This section is repealed effective July 1, 2004,

17  unless reviewed and reenacted by the Legislature before that

18  date.

19         (2)  The Department of State shall publish notice of

20  this pilot project in each weekly publication of the Florida

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

22  temporary pilot project, in conjunction with the State

23  Technology Office, to determine the cost-effectiveness of

24  Internet publication of notices in lieu of complete

25  publication in the Florida Administrative Weekly, summaries of

26  notices of the Department of Environmental Protection are

27  being published in the Florida Administrative Weekly along

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

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

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

31  Environmental Protection, the State Technology Office, and the


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    CS for SB 1374                                 First Engrossed



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

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

 3  Representatives containing findings on the cost-effectiveness

 4  of publication of notices on the Internet in lieu of

 5  publication in the Florida Administrative Weekly, and

 6  recommendations, including legislative or rule changes, for

 7  modifications to the process necessary to effectuate

 8  publication of notices on the Internet.

 9         Section 2.  This act shall take effect upon becoming a

10  law.

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