Senate Bill sb2340c2
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Florida Senate - 2004 CS for CS for SB 2340
By the Committees on Appropriations; Governmental Oversight
and Productivity; and Senator Bennett
309-2560-04
1 A bill to be entitled
2 An act relating to administrative procedure;
3 amending s. 120.55, F.S.; requiring forms
4 incorporated by reference to display specified
5 information; requiring electronic publication
6 of the Florida Administrative Weekly on an
7 Internet website managed by the Department of
8 State; prescribing content and website search
9 requirements; providing for free public access
10 to such website; providing guidelines for
11 publishing, revising guidelines for
12 distributing, and specifying the funding source
13 for the print version of the Florida
14 Administrative Weekly; amending s. 120.551,
15 F.S.; postponing the repeal of such section;
16 providing for training courses for agencies
17 currently publishing materials in the Florida
18 Administrative Weekly; providing effective
19 dates.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Effective December 31, 2005, section
24 120.55, Florida Statutes, is amended to read:
25 120.55 Publication.--
26 (1) The Department of State shall:
27 (a)1. Publish in a permanent compilation entitled
28 "Florida Administrative Code" all rules adopted by each
29 agency, citing the specific rulemaking authority pursuant to
30 which each rule was adopted, all history notes as authorized
31 in s. 120.545(9), and complete indexes to all rules contained
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1 in the code. Supplementation shall be made as often as
2 practicable, but at least monthly. The department may
3 contract with a publishing firm for the publication, in a
4 timely and useful form, of the Florida Administrative Code;
5 however, the department shall retain responsibility for the
6 code as provided in this section. This publication shall be
7 the official compilation of the administrative rules of this
8 state. The Department of State shall retain the copyright
9 over the Florida Administrative Code.
10 2. Rules general in form but applicable to only one
11 school district, community college district, or county, or a
12 part thereof, or state university rules relating to internal
13 personnel or business and finance shall not be published in
14 the Florida Administrative Code. Exclusion from publication in
15 the Florida Administrative Code shall not affect the validity
16 or effectiveness of such rules.
17 3. At the beginning of the section of the code dealing
18 with an agency that files copies of its rules with the
19 department, the department shall publish the address and
20 telephone number of the executive offices of each agency, the
21 manner by which the agency indexes its rules, a listing of all
22 rules of that agency excluded from publication in the code,
23 and a statement as to where those rules may be inspected.
24 4. Forms shall not be published in the Florida
25 Administrative Code; but any form which an agency uses in its
26 dealings with the public, along with any accompanying
27 instructions, shall be filed with the committee before it is
28 used. Any form or instruction which meets the definition of
29 "rule" provided in s. 120.52 shall be incorporated by
30 reference into the appropriate rule. The reference shall
31 specifically state that the form is being incorporated by
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1 reference and shall include the number, title, and effective
2 date of the form and an explanation of how the form may be
3 obtained. Each form created by an agency which is incorporated
4 by reference in a rule noticed pursuant to s. 120.54(3)(a)
5 after December 31, 2005, must clearly display the number,
6 title, and effective date of the form and the number of the
7 rule in which the form is incorporated.
8 (b) Electronically publish on an Internet website,
9 managed by the department, a weekly publication entitled the
10 "Florida Administrative Weekly," which shall serve as the
11 official Internet website for such publication and shall
12 contain:
13 1. Notice of adoption of, and an index to, all rules
14 filed during the preceding week.
15 2. All notices required by s. 120.54(3)(a), showing
16 the text of all rules proposed for consideration or a
17 reference to the location in the Florida Administrative Weekly
18 where the text of the proposed rules is published.
19 3. All notices of public meetings, hearings, and
20 workshops conducted in accordance with the provisions of s.
21 120.525, including a statement of the manner in which a copy
22 of the agenda may be obtained.
23 4. A notice of each request for authorization to amend
24 or repeal an existing uniform rule or for the adoption of new
25 uniform rules.
26 5. Notice of petitions for declaratory statements or
27 administrative determinations.
28 6. A summary of each objection to any rule filed by
29 the Administrative Procedures Committee during the preceding
30 week.
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1 7. A cumulative list of all rules that have been
2 proposed but not filed for adoption.
3 8.7. Any other material required or authorized by law
4 or deemed useful by the department.
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6 The department may contract with a publishing firm for printed
7 publication of the Florida Administrative Weekly and make
8 copies available on an annual subscription basis. All costs
9 related to the printed publication of the Florida
10 Administrative Weekly shall be funded solely by annual
11 subscription revenue.
12 (c) Review notices for compliance with format and
13 numbering requirements before publishing them on the Florida
14 Administrative Weekly Internet website.
15 (d)(c) Prescribe by rule the style and form required
16 for rules submitted for filing and establish the form for
17 their certification.
18 (e)(d) Correct grammatical, typographical, and like
19 errors not affecting the construction or meaning of the rules,
20 after having obtained the advice and consent of the
21 appropriate agency, and insert history notes.
22 (e) Make copies of the Florida Administrative Weekly
23 available on an annual subscription basis computed to cover a
24 pro rata share of 50 percent of the costs related to the
25 publication of the Florida Administrative Weekly.
26 (f) Charge each agency using the Florida
27 Administrative Weekly a space rate computed to cover a pro
28 rata share of 50 percent of the costs related to the Florida
29 Administrative Weekly and the Florida Administrative Code.
30 (g) Maintain a permanent record of all notices
31 published in the Florida Administrative Weekly.
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1 (2) The Florida Administrative Weekly Internet website
2 must allow users to:
3 (a) Search for notices by type, publication date, rule
4 number, word, subject, or agency;
5 (b) Search a database that makes available all notices
6 published on the website for a period of at least 5 years;
7 (c) Subscribe to an automated e-mail notification of
8 selected notices; and
9 (d) View agency forms incorporated by reference in
10 proposed rules.
11 (3)(2) Each agency shall provide copies of its rules
12 upon request, with citations to the grant of rulemaking
13 authority and the specific law implemented for each rule print
14 or distribute copies of its rules, citing the specific
15 rulemaking authority pursuant to which each rule was adopted.
16 (4)(3) Any publication of a proposed rule promulgated
17 by an agency, whether published in the Florida Administrative
18 Code or elsewhere, shall include, along with the rule, the
19 name of the person or persons originating such rule, the name
20 of the supervisor or person who approved the rule, and the
21 date upon which the rule was approved.
22 (5) Access to the Florida Administrative Weekly
23 Internet website and its contents, including the e-mail
24 notification service, shall be free for the public.
25 (6)(4)(a) If the Florida Administrative Weekly is made
26 available by the Department of State as a printed publication,
27 the department shall furnish:
28 (a) Copies of Each year the Department of State shall
29 furnish the Florida Administrative Weekly, without charge and
30 upon request, as follows:
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1 1. One subscription to each federal and state court
2 having jurisdiction over the residents of the state; the
3 Legislative Library; each state university library; the State
4 Library; each depository library designated pursuant to s.
5 257.05; and each standing committee of the Senate and House of
6 Representatives and each state legislator.
7 2. Two subscriptions to each state department.
8 3. Three subscriptions to the library of the Supreme
9 Court of Florida, the library of each state district court of
10 appeal, the division, the library of the Attorney General,
11 each law school library in Florida, the Secretary of the
12 Senate, and the Clerk of the House of Representatives.
13 4. Ten subscriptions to the committee.
14 (b) The Department of State shall furnish One copy of
15 the Florida Administrative Weekly, at no cost, to each clerk
16 of the circuit court and each state department, for posting
17 for public inspection.
18 (7)(5)(a) There is hereby created in the State
19 Treasury a revolving fund to be known as the "Publication
20 Revolving Trust Fund" of the Department of State.
21 (b) All fees and moneys collected by the Department of
22 State under this chapter shall be deposited in the revolving
23 trust fund for the purpose of paying for the publication and
24 distribution of the Florida Administrative Code and the
25 Florida Administrative Weekly and for associated costs
26 incurred by the department in carrying out this chapter.
27 (c) The unencumbered balance in the revolving trust
28 fund at the beginning of each fiscal year may shall not exceed
29 $300,000, and any excess shall be transferred to the General
30 Revenue Fund.
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1 (d) It is the intent of the Legislature that the
2 Florida Administrative Weekly be supported entirely from funds
3 collected for subscriptions to and advertisements in the
4 Florida Administrative Weekly. To that end, the Department of
5 State is authorized to add a surcharge of 10 percent to any
6 charge relating to the Florida Administrative Weekly until
7 such time as the Publication Revolving Trust Fund has
8 transferred to the General Revenue Fund an amount equal to all
9 funds appropriated to the trust fund.
10 Section 2. Section 120.551, Florida Statutes, is
11 amended to read:
12 120.551 Internet publication.--
13 (1) For purposes of this section, the term:
14 (a) "Agency" means the Department of Environmental
15 Protection and the Board of Trustees of the Internal
16 Improvement Trust Fund.
17 (b) "Internet website" means a centralized Internet
18 website that is established and maintained by the Department
19 of Environmental Protection, is provided to the public without
20 charge, and permits the public to:
21 1. Search notices by type, publication date, program
22 area, or rule number;
23 2. Search a permanent database that archives all
24 notices published on the website; and
25 3. Subscribe to an automated e-mail notification of
26 selected notice types.
27 (2) Whenever the agency is required to publish notices
28 in the Florida Administrative Weekly, the agency shall instead
29 publish the complete notice on the Internet website. Notices
30 published on the Internet website shall clearly state the date
31 the notice was first published and shall be published only on
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1 the same days as the Florida Administrative Weekly is
2 published. The Department of State shall publish a statement
3 in the Florida Administrative Weekly that indicates the
4 specific URL or address for the Internet website. The agency
5 shall publish all other notices in the manner prescribed by
6 law.
7 (3) This section is repealed effective December 31,
8 2005 July 1, 2004, unless reviewed and reenacted by the
9 Legislature before that date.
10 Section 3. The Department of State shall, before
11 December 31, 2005, make available to all agencies required on
12 the effective date of this act to publish materials in the
13 Florida Administrative Weekly training courses for the purpose
14 of assisting the agencies with their transition to publishing
15 on the Florida Administrative Weekly Internet website. The
16 training courses may be provided in the form of workshops or
17 software packages that allow self-training by agency
18 personnel.
19 Section 4. Except as otherwise expressly provided in
20 this act, this act shall take effect July 1, 2004.
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22 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
23 CS/SB 2340
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25 The committee substitute changes the requirement in the bill
that the Department of State website allow internet access to
26 agency forms incorporated in rules to instead require that the
website allow viewing of agency forms incorporated in proposed
27 rules.
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