HB 1747

1	A bill to be entitled
2	An act relating to administrative procedures; amending s.
3	11.60, F.S.; revising duties of the Administrative
4	Procedures Committee with respect to its review of
5	statutes; amending s. 120.54, F.S.; revising times for
6	filing rules for adoption; providing for the form and
7	provisions of bonds; revising applicability of certain
8	uniform rules; amending s. 120.55, F.S.; requiring that
9	certain information be included in forms incorporated by
10	reference in rules; requiring information to be published
11	electronically on an Internet website; providing that such
12	publication does not preclude other publications;
13	providing additional duties of the Department of State
14	with respect to publications; providing requirements for
15	the Internet website; amending s. 120.551, F.S.;
16	postponing the repeal of this section, relating to
17	Internet publication; amending s. 120.56, F.S.; revising
18	provisions relating to withdrawal of challenged rules;
19	amending s. 120.569, F.S.; prescribing circumstances under
20	which the time for filing a petition for hearing must be
21	extended; amending s. 120.57, F.S.; requiring that
22	additional information be included in notices relating to
23	protests of contract solicitations or awards; amending s.
24	120.74, F.S.; requiring agency reports to be filed with
25	the Administrative Procedures Committee; requiring the
26	Department of State to provide certain assistance to
27	agencies in their transition to publishing on the Florida
28	Administrative Weekly Internet website; providing
29	effective dates.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Subsection (4) of section 11.60, Florida
34	Statutes, is amended to read:
35	11.60  Administrative Procedures Committee; creation;
36	membership; powers; duties.--
37	(4)  The committee shall undertake and maintain a
38	systematic and continuous review of statutes that authorize
39	agencies to adopt rules and shall make recommendations to the
40	appropriate standing committees of the Senate and the House of
41	Representatives as to the advisability of considering changes to
42	the delegated legislative authority to adopt rules in specific
43	circumstances. The annual report submitted pursuant to paragraph
44	(2)(f) shall include a schedule for the required systematic
45	review of existing statutes, a summary of the status of this
46	review, and any recommendations provided to the standing
47	committees during the preceding year.
48	Section 2.  Paragraph (e) of subsection (3) and paragraph
49	(b) of subsection (5) of section 120.54, Florida Statutes, are
50	amended to read:
51	120.54  Rulemaking.--
52	(3)  ADOPTION PROCEDURES.--
53	(e)  Filing for final adoption; effective date.--
54	1.  If the adopting agency is required to publish its rules
55	in the Florida Administrative Code, it shall file with the
56	Department of State three certified copies of the rule it
57	proposes to adopt, a summary of the rule, a summary of any
58	hearings held on the rule, and a detailed written statement of
59	the facts and circumstances justifying the rule. Agencies not
60	required to publish their rules in the Florida Administrative
61	Code shall file one certified copy of the proposed rule, and the
62	other material required by this subparagraph, in the office of
63	the agency head, and such rules shall be open to the public.
64	2.  A rule may not be filed for adoption less than 28 days
65	or more than 90 days after the notice required by paragraph (a),
66	until 21 days after the notice required by paragraph (d), until
67	14 days after the final public hearing, until 21 days after
68	preparation of a statement of estimated regulatory costs
69	required under s. 120.541, or until the administrative law judge
70	has rendered a decision under s. 120.56(2), whichever applies.
71	Filings shall be made no less than 28 days nor more than 90 days
72	after the notice required by paragraph (a). When a required
73	notice of change is published prior to the expiration of the
74	time to file the rule for adoption, the period during which a
75	rule must be filed for adoption is extended to 45 days after the
76	date of publication. If notice of a public hearing is published
77	prior to the expiration of the time to file the rule for
78	adoption, the period during which a rule must be filed for
79	adoption is extended to 45 days after adjournment of the final
80	hearing on the rule, 21 days after receipt of all material
81	authorized to be submitted at the hearing, or 21 days after
82	receipt of the transcript, if one is made, whichever is latest.
83	The term "public hearing" includes any public meeting held by
84	any agency at which the rule is considered. The filing of a
85	petition for an administrative determination under the
86	provisions of s. 120.56(2) shall toll the 90-day period during
87	which a rule must be filed for adoption until 30 days after
88	rendition of the final order or until judicial review of the
89	final order is complete the administrative law judge has filed
90	the final order with the clerk.
91	3.  At the time a rule is filed, the agency shall certify
92	that the time limitations prescribed by this paragraph have been
93	complied with, that all statutory rulemaking requirements have
94	been met, and that there is no administrative determination
95	pending on the rule. For the purposes of this paragraph, the
96	term "administrative determination" does not include subsequent
97	judicial review.
98	4.  At the time a rule is filed, the committee shall
99	certify whether the agency has responded in writing to all
100	material and timely written comments or written inquiries made
101	on behalf of the committee. The department shall reject any rule
102	not filed within the prescribed time limits; that does not
103	satisfy all statutory rulemaking requirements; upon which an
104	agency has not responded in writing to all material and timely
105	written inquiries or written comments; upon which an
106	administrative determination is pending; or which does not
107	include a statement of estimated regulatory costs, if required.
108	5.  If a rule has not been adopted within the time limits
109	imposed by this paragraph or has not been adopted in compliance
110	with all statutory rulemaking requirements, the agency proposing
111	the rule shall withdraw the rule and give notice of its action
112	in the next available issue of the Florida Administrative
113	Weekly.
114	6.  The proposed rule shall be adopted on being filed with
115	the Department of State and become effective 20 days after being
116	filed, on a later date specified in the rule, or on a date
117	required by statute. Rules not required to be filed with the
118	Department of State shall become effective when adopted by the
119	agency head or on a later date specified by rule or statute. If
120	the committee notifies an agency that an objection to a rule is
121	being considered, the agency may postpone the adoption of the
122	rule to accommodate review of the rule by the committee. When an
123	agency postpones adoption of a rule to accommodate review by the
124	committee, the 90-day period for filing the rule is tolled until
125	the committee notifies the agency that it has completed its
126	review of the rule.
127	(5)  UNIFORM RULES.--
128	(b)  The uniform rules of procedure adopted by the
129	commission pursuant to this subsection shall include, but are
130	not limited to:
131	1.  Uniform rules for the scheduling of public meetings,
132	hearings, and workshops.
133	2.  Uniform rules for use by each state agency that provide
134	procedures for conducting public meetings, hearings, and
135	workshops, and for taking evidence, testimony, and argument at
136	such public meetings, hearings, and workshops, in person and by
137	means of communications media technology. The rules shall
138	provide that all evidence, testimony, and argument presented
139	shall be afforded equal consideration, regardless of the method
140	of communication. If a public meeting, hearing, or workshop is
141	to be conducted by means of communications media technology, or
142	if attendance may be provided by such means, the notice shall so
143	state. The notice for public meetings, hearings, and workshops
144	utilizing communications media technology shall state how
145	persons interested in attending may do so and shall name
146	locations, if any, where communications media technology
147	facilities will be available. Nothing in this paragraph shall be
148	construed to diminish the right to inspect public records under
149	chapter 119. Limiting points of access to public meetings,
150	hearings, and workshops subject to the provisions of s. 286.011
151	to places not normally open to the public shall be presumed to
152	violate the right of access of the public, and any official
153	action taken under such circumstances is void and of no effect.
154	Other laws relating to public meetings, hearings, and workshops,
155	including penal and remedial provisions, shall apply to public
156	meetings, hearings, and workshops conducted by means of
157	communications media technology, and shall be liberally
158	construed in their application to such public meetings,
159	hearings, and workshops.  As used in this subparagraph,
160	"communications media technology" means the electronic
161	transmission of printed matter, audio, full-motion video,
162	freeze-frame video, compressed video, and digital video by any
163	method available.
164	3.  Uniform rules of procedure for the filing of notice of
165	protests and formal written protests. The Administration
166	Commission may prescribe the form and substantive provisions of
167	a required bond.
168	4.  Uniform rules of procedure for the filing of petitions
169	for administrative hearings pursuant to s. 120.569 or s. 120.57.
170	For all actions other than agency enforcement and disciplinary
171	actions against a licensee or other person, such rules shall
172	require the petition to include:
173	a.  The identification of the petitioner.
174	b.  A statement of when and how the petitioner received
175	notice of the agency's action or proposed action.
176	c.  An explanation of how the petitioner's substantial
177	interests are or will be affected by the action or proposed
178	action.
179	d.  A statement of all material facts disputed by the
180	petitioner or a statement that there are no disputed facts.
181	e.  A statement of the ultimate facts alleged, including a
182	statement of the specific facts the petitioner contends warrant
183	reversal or modification of the agency's proposed action.
184	f.  A statement of the specific rules or statutes that the
185	petitioner contends require reversal or modification of the
186	agency's proposed action, including an explanation of how the
187	alleged facts relate to the specific rules or statutes.
188	g.  A statement of the relief sought by the petitioner,
189	stating precisely the action petitioner wishes the agency to
190	take with respect to the proposed action.
191	5.  Uniform rules of procedure for the filing and prompt
192	disposition of petitions for declaratory statements.
193	6.  Provision of a method by which each agency head shall
194	provide a description of the agency's organization and general
195	course of its operations.
196	7.  Uniform rules establishing procedures for granting or
197	denying petitions for variances and waivers pursuant to s.
198	120.542.
199	Section 3.  Effective December 31, 2006, section 120.55,
200	Florida Statutes, is amended to read:
201	120.55  Publication.--
202	(1)  The Department of State shall:
203	(a)1.  Through a continuous revision system, compile and
204	publish the "Florida Administrative Code." The Florida
205	Administrative Code shall contain all rules adopted by each
206	agency, citing the specific rulemaking authority pursuant to
207	which each rule was adopted, all history notes as authorized in
208	s. 120.545(9), and complete indexes to all rules contained in
209	the code. Supplementation shall be made as often as practicable,
210	but at least monthly. The department may contract with a
211	publishing firm for the publication, in a timely and useful
212	form, of the Florida Administrative Code; however, the
213	department shall retain responsibility for the code as provided
214	in this section. This publication shall be the official
215	compilation of the administrative rules of this state. The
216	Department of State shall retain the copyright over the Florida
217	Administrative Code.
218	2.  Rules general in form but applicable to only one school
219	district, community college district, or county, or a part
220	thereof, or state university rules relating to internal
221	personnel or business and finance shall not be published in the
222	Florida Administrative Code. Exclusion from publication in the
223	Florida Administrative Code shall not affect the validity or
224	effectiveness of such rules.
225	3.  At the beginning of the section of the code dealing
226	with an agency that files copies of its rules with the
227	department, the department shall publish the address and
228	telephone number of the executive offices of each agency, the
229	manner by which the agency indexes its rules, a listing of all
230	rules of that agency excluded from publication in the code, and
231	a statement as to where those rules may be inspected.
232	4.  Forms shall not be published in the Florida
233	Administrative Code; but any form which an agency uses in its
234	dealings with the public, along with any accompanying
235	instructions, shall be filed with the committee before it is
236	used. Any form or instruction which meets the definition of
237	"rule" provided in s. 120.52 shall be incorporated by reference
238	into the appropriate rule.  The reference shall specifically
239	state that the form is being incorporated by reference and shall
240	include the number, title, and effective date of the form and an
241	explanation of how the form may be obtained. Each form created
242	by an agency which is incorporated by reference in a rule notice
243	of which is given under s. 120.54(3)(a) after December 31, 2006,
244	must clearly display the number, title, and effective date of
245	the form and the number of the rule in which the form is
246	incorporated.
247	(b)  Electronically publish on an Internet website managed
248	by the department a weekly publication entitled the "Florida
249	Administrative Weekly," which shall serve as the official
250	Internet website for such publication and must contain:
251	1.  Notice of adoption of, and an index to, all rules filed
252	during the preceding week.
253	2.  All notices required by s. 120.54(3)(a), showing the
254	text of all rules proposed for consideration or a reference to
255	the location in the Florida Administrative Weekly where the text
256	of the proposed rules is published.
257	3.  All notices of public meetings, hearings, and workshops
258	conducted in accordance with the provisions of s. 120.525,
259	including a statement of the manner in which a copy of the
260	agenda may be obtained.
261	4.  A notice of each request for authorization to amend or
262	repeal an existing uniform rule or for the adoption of new
263	uniform rules.
264	5.  Notice of petitions for declaratory statements or
265	administrative determinations.
266	6.  A summary of each objection to any rule filed by the
267	Administrative Procedures Committee during the preceding week.
268	7.  A cumulative list of all rules that have been proposed
269	but not filed for adoption.
270	8.7.  Any other material required or authorized by law or
271	deemed useful by the department.
272
273	The department shall publish a printed version of the Florida
274	Administrative Weekly and make copies available on an annual
275	subscription basis. The department may contract with a
276	publishing firm for printed publication of the Florida
277	Administrative Weekly.
278	(c)  Review notices for compliance with format and
279	numbering requirements before publishing them on the Florida
280	Administrative Weekly Internet website.
281	(d)(c)  Prescribe by rule the style and form required for
282	rules submitted for filing and establish the form for their
283	certification.
284	(e)(d)  Correct grammatical, typographical, and like errors
285	not affecting the construction or meaning of the rules, after
286	having obtained the advice and consent of the appropriate
287	agency, and insert history notes.
288	(e)  Make copies of the Florida Administrative Weekly
289	available on an annual subscription basis computed to cover a
290	pro rata share of 50 percent of the costs related to the
291	publication of the Florida Administrative Weekly.
292	(f)  Charge each agency using the Florida Administrative
293	Weekly a space rate computed to cover a pro rata share of 50
294	percent of the costs related to the Florida Administrative
295	Weekly and the Florida Administrative Code.
296	(g)  Maintain a permanent record of all notices published
297	in the Florida Administrative Weekly.
298	(2)  The Florida Administrative Weekly Internet website
299	must allow users to:
300	(a)  Search for notices by type, publication date, rule
301	number, word, subject, and agency;
302	(b)  Search a database that makes available all notices
303	published on the website for a period of at least 5 years;
304	(c)  Subscribe to an automated e-mail notification of
305	selected notices; and
306	(d)  View agency forms incorporated by reference in
307	proposed rules.
308	(3)  Publication of material required by paragraph (1)(b)
309	on the Florida Administrative Weekly Internet website does not
310	preclude publication of such material on an agency's website or
311	by other means.
312	(4)(2)  Each agency shall provide copies of its rules upon
313	request, with citations to the grant of rulemaking authority and
314	the specific law implemented for each rule print or distribute
315	copies of its rules, citing the specific rulemaking authority
316	pursuant to which each rule was adopted.
317	(5)(3)  Any publication of a proposed rule promulgated by
318	an agency, whether published in the Florida Administrative Code
319	or elsewhere, shall include, along with the rule, the name of
320	the person or persons originating such rule, the name of the
321	supervisor or person who approved the rule, and the date upon
322	which the rule was approved.
323	(6)  Access to the Florida Administrative Weekly Internet
324	website and its contents, including the e-mail notification
325	service, shall be free for the public.
326	(7)(4)(a)  Each year the Department of State shall furnish
327	the Florida Administrative Weekly, without charge and upon
328	request, as follows:
329	1.  One subscription to each federal and state court having
330	jurisdiction over the residents of the state; the Legislative
331	Library; each state university library; the State Library; each
332	depository library designated pursuant to s. 257.05; and each
333	standing committee of the Senate and House of Representatives
334	and each state legislator.
335	2.  Two subscriptions to each state department.
336	3.  Three subscriptions to the library of the Supreme Court
337	of Florida, the library of each state district court of appeal,
338	the division, the library of the Attorney General, each law
339	school library in Florida, the Secretary of the Senate, and the
340	Clerk of the House of Representatives.
341	4.  Ten subscriptions to the committee.
342	(b)  The Department of State shall furnish one copy of the
343	Florida Administrative Weekly, at no cost, to each clerk of the
344	circuit court and each state department, for posting for public
345	inspection.
346	(8)(5)(a)  All fees and moneys collected by the Department
347	of State under this chapter shall be deposited in the Records
348	Management Trust Fund for the purpose of paying for the
349	publication and distribution of the Florida Administrative Code
350	and the Florida Administrative Weekly and for associated costs
351	incurred by the department in carrying out this chapter.
352	(b)  The unencumbered balance in the Records Management
353	Trust Fund for fees collected pursuant to this chapter may shall
354	not exceed $300,000 at the beginning of each fiscal year, and
355	any excess shall be transferred to the General Revenue Fund.
356	(c)  It is the intent of the Legislature that the Florida
357	Administrative Weekly be supported entirely from funds collected
358	for subscriptions to and advertisements in the Florida
359	Administrative Weekly.
360	Section 4.  Subsection (3) of section 120.551, Florida
361	Statutes, is amended to read:
362	120.551  Internet publication.--
363	(3)  This section is repealed effective December 31, 2006
364	July 1, 2005, unless reviewed and reenacted by the Legislature
365	before that date.
366	Section 5.  Paragraph (b) of subsection (2) of section
367	120.56, Florida Statutes, is amended to read:
368	120.56  Challenges to rules.--
369	(2)  CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.--
370	(b)  The administrative law judge may declare the proposed
371	rule wholly or partly invalid. Unless the decision of the
372	administrative law judge is reversed on appeal, the proposed
373	rule or provision of a proposed rule declared invalid shall be
374	withdrawn by the adopting agency and shall not be adopted. No
375	rule shall be filed for adoption until 28 days after the notice
376	required by s. 120.54(3)(a), until 21 days after the notice
377	required by s. 120.54(3)(d), until 14 days after the public
378	hearing, until 21 days after preparation of a statement of
379	estimated regulatory costs required pursuant to s. 120.541, or
380	until the administrative law judge has rendered a decision,
381	whichever applies. However, the agency may proceed with all
382	other steps in the rulemaking process, including the holding of
383	a factfinding hearing. In the event part of a proposed rule is
384	declared invalid, the adopting agency may, in its sole
385	discretion, withdraw the proposed rule in its entirety. The
386	agency whose proposed rule has been declared invalid in whole or
387	part shall give notice of the decision in the first available
388	issue of the Florida Administrative Weekly.
389	Section 6.  Paragraph (c) of subsection (2) of section
390	120.569, Florida Statutes, is amended to read:
391	120.569  Decisions which affect substantial interests.--
392	(2)
393	(c)  Unless otherwise provided by law, a petition or
394	request for hearing shall include those items required by the
395	uniform rules adopted pursuant to s. 120.54(5)(b)4.  Upon the
396	receipt of a petition or request for hearing, the agency shall
397	carefully review the petition to determine if it contains all of
398	the required information.  A petition shall be dismissed if it
399	is not in substantial compliance with these requirements or it
400	has been untimely filed.  Dismissal of a petition shall, at
401	least once, be without prejudice to petitioner's filing a timely
402	amended petition curing the defect, unless it conclusively
403	appears from the face of the petition that the defect cannot be
404	cured.  The agency shall promptly give written notice to all
405	parties of the action taken on the petition, shall state with
406	particularity its reasons if the petition is not granted, and
407	shall state the deadline for filing an amended petition if
408	applicable. The time for filing a petition shall be extended if
409	the petitioner has been misled or lulled into inaction, has in
410	some extraordinary way been prevented from asserting his or her
411	rights, or has timely asserted his or her rights mistakenly in
412	the wrong forum.
413	Section 7.  Paragraph (a) of subsection (3) of section
414	120.57, Florida Statutes, is amended to read:
415	120.57  Additional procedures for particular cases.--
416	(3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
417	CONTRACT SOLICITATION OR AWARD.--Agencies subject to this
418	chapter shall use the uniform rules of procedure, which provide
419	procedures for the resolution of protests arising from the
420	contract solicitation or award process. Such rules shall at
421	least provide that:
422	(a)  The agency shall provide notice of a decision or
423	intended decision concerning a solicitation, contract award, or
424	exceptional purchase by electronic posting. This notice shall
425	contain the following statement: "Failure to file a protest
426	within the time prescribed in section 120.57(3), Florida
427	Statutes, or failure to post the bond or other security required
428	by law within the time allowed for filing a bond shall
429	constitute a waiver of proceedings under chapter 120, Florida
430	Statutes."
431	Section 8.  Subsection (2) of section 120.74, Florida
432	Statutes, is amended to read:
433	120.74  Agency review, revision, and report.--
434	(2)  Beginning October 1, 1997, and by October 1 of every
435	other year thereafter, the head of each agency shall file a
436	report with the President of the Senate, and the Speaker of the
437	House of Representatives, and the committee, with a copy to each
438	appropriate standing committee of the Legislature, which
439	certifies that the agency has complied with the requirements of
440	this subsection. The report must specify any changes made to its
441	rules as a result of the review and, when appropriate, recommend
442	statutory changes that will promote efficiency, reduce
443	paperwork, or decrease costs to government and the private
444	sector.
445	Section 9.  The Department of State shall, before December
446	31, 2006, make available, to all agencies required on the
447	effective date of this act to publish materials in the Florida
448	Administrative Weekly, training courses for the purpose of
449	assisting the agencies with their transition to publishing on
450	the Florida Administrative Weekly Internet website. The training
451	courses may be provided in the form of workshops or software
452	packages that allow self-training by agency personnel.
453	Section 10.  Except as otherwise expressly provided in this
454	act, this act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.