HB 1747

A bill to be entitled
2An act relating to administrative procedures; amending s.
311.60, F.S.; revising duties of the Administrative
4Procedures Committee with respect to its review of
5statutes; amending s. 120.54, F.S.; revising times for
6filing rules for adoption; providing for the form and
7provisions of bonds; revising applicability of certain
8uniform rules; amending s. 120.55, F.S.; requiring that
9certain information be included in forms incorporated by
10reference in rules; requiring information to be published
11electronically on an Internet website; providing that such
12publication does not preclude other publications;
13providing additional duties of the Department of State
14with respect to publications; providing requirements for
15the Internet website; amending s. 120.551, F.S.;
16postponing the repeal of this section, relating to
17Internet publication; amending s. 120.56, F.S.; revising
18provisions relating to withdrawal of challenged rules;
19amending s. 120.569, F.S.; prescribing circumstances under
20which the time for filing a petition for hearing must be
21extended; amending s. 120.57, F.S.; requiring that
22additional information be included in notices relating to
23protests of contract solicitations or awards; amending s.
24120.74, F.S.; requiring agency reports to be filed with
25the Administrative Procedures Committee; requiring the
26Department of State to provide certain assistance to
27agencies in their transition to publishing on the Florida
28Administrative Weekly Internet website; providing
29effective dates.
31Be It Enacted by the Legislature of the State of Florida:
33     Section 1.  Subsection (4) of section 11.60, Florida
34Statutes, is amended to read:
35     11.60  Administrative Procedures Committee; creation;
36membership; powers; duties.--
37     (4)  The committee shall undertake and maintain a
38systematic and continuous review of statutes that authorize
39agencies to adopt rules and shall make recommendations to the
40appropriate standing committees of the Senate and the House of
41Representatives as to the advisability of considering changes to
42the delegated legislative authority to adopt rules in specific
43circumstances. The annual report submitted pursuant to paragraph
44(2)(f) shall include a schedule for the required systematic
45review of existing statutes, a summary of the status of this
46review, and any recommendations provided to the standing
47committees 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
50amended to read:
51     120.54  Rulemaking.--
53     (e)  Filing for final adoption; effective date.--
54     1.  If the adopting agency is required to publish its rules
55in the Florida Administrative Code, it shall file with the
56Department of State three certified copies of the rule it
57proposes to adopt, a summary of the rule, a summary of any
58hearings held on the rule, and a detailed written statement of
59the facts and circumstances justifying the rule. Agencies not
60required to publish their rules in the Florida Administrative
61Code shall file one certified copy of the proposed rule, and the
62other material required by this subparagraph, in the office of
63the 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
65or more than 90 days after the notice required by paragraph (a),
66until 21 days after the notice required by paragraph (d), until
6714 days after the final public hearing, until 21 days after
68preparation of a statement of estimated regulatory costs
69required under s. 120.541, or until the administrative law judge
70has rendered a decision under s. 120.56(2), whichever applies.
71Filings shall be made no less than 28 days nor more than 90 days
72after the notice required by paragraph (a). When a required
73notice of change is published prior to the expiration of the
74time to file the rule for adoption, the period during which a
75rule must be filed for adoption is extended to 45 days after the
76date of publication. If notice of a public hearing is published
77prior to the expiration of the time to file the rule for
78adoption, the period during which a rule must be filed for
79adoption is extended to 45 days after adjournment of the final
80hearing on the rule, 21 days after receipt of all material
81authorized to be submitted at the hearing, or 21 days after
82receipt of the transcript, if one is made, whichever is latest.
83The term "public hearing" includes any public meeting held by
84any agency at which the rule is considered. The filing of a
85petition for an administrative determination under the
86provisions of s. 120.56(2) shall toll the 90-day period during
87which a rule must be filed for adoption until 30 days after
88rendition of the final order or until judicial review of the
89final order is complete the administrative law judge has filed
90the final order with the clerk.
91     3.  At the time a rule is filed, the agency shall certify
92that the time limitations prescribed by this paragraph have been
93complied with, that all statutory rulemaking requirements have
94been met, and that there is no administrative determination
95pending on the rule. For the purposes of this paragraph, the
96term "administrative determination" does not include subsequent
97judicial review.
98     4.  At the time a rule is filed, the committee shall
99certify whether the agency has responded in writing to all
100material and timely written comments or written inquiries made
101on behalf of the committee. The department shall reject any rule
102not filed within the prescribed time limits; that does not
103satisfy all statutory rulemaking requirements; upon which an
104agency has not responded in writing to all material and timely
105written inquiries or written comments; upon which an
106administrative determination is pending; or which does not
107include a statement of estimated regulatory costs, if required.
108     5.  If a rule has not been adopted within the time limits
109imposed by this paragraph or has not been adopted in compliance
110with all statutory rulemaking requirements, the agency proposing
111the rule shall withdraw the rule and give notice of its action
112in the next available issue of the Florida Administrative
114     6.  The proposed rule shall be adopted on being filed with
115the Department of State and become effective 20 days after being
116filed, on a later date specified in the rule, or on a date
117required by statute. Rules not required to be filed with the
118Department of State shall become effective when adopted by the
119agency head or on a later date specified by rule or statute. If
120the committee notifies an agency that an objection to a rule is
121being considered, the agency may postpone the adoption of the
122rule to accommodate review of the rule by the committee. When an
123agency postpones adoption of a rule to accommodate review by the
124committee, the 90-day period for filing the rule is tolled until
125the committee notifies the agency that it has completed its
126review of the rule.
127     (5)  UNIFORM RULES.--
128     (b)  The uniform rules of procedure adopted by the
129commission pursuant to this subsection shall include, but are
130not limited to:
131     1.  Uniform rules for the scheduling of public meetings,
132hearings, and workshops.
133     2.  Uniform rules for use by each state agency that provide
134procedures for conducting public meetings, hearings, and
135workshops, and for taking evidence, testimony, and argument at
136such public meetings, hearings, and workshops, in person and by
137means of communications media technology. The rules shall
138provide that all evidence, testimony, and argument presented
139shall be afforded equal consideration, regardless of the method
140of communication. If a public meeting, hearing, or workshop is
141to be conducted by means of communications media technology, or
142if attendance may be provided by such means, the notice shall so
143state. The notice for public meetings, hearings, and workshops
144utilizing communications media technology shall state how
145persons interested in attending may do so and shall name
146locations, if any, where communications media technology
147facilities will be available. Nothing in this paragraph shall be
148construed to diminish the right to inspect public records under
149chapter 119. Limiting points of access to public meetings,
150hearings, and workshops subject to the provisions of s. 286.011
151to places not normally open to the public shall be presumed to
152violate the right of access of the public, and any official
153action taken under such circumstances is void and of no effect.
154Other laws relating to public meetings, hearings, and workshops,
155including penal and remedial provisions, shall apply to public
156meetings, hearings, and workshops conducted by means of
157communications media technology, and shall be liberally
158construed in their application to such public meetings,
159hearings, and workshops.  As used in this subparagraph,
160"communications media technology" means the electronic
161transmission of printed matter, audio, full-motion video,
162freeze-frame video, compressed video, and digital video by any
163method available.
164     3.  Uniform rules of procedure for the filing of notice of
165protests and formal written protests. The Administration
166Commission may prescribe the form and substantive provisions of
167a required bond.
168     4.  Uniform rules of procedure for the filing of petitions
169for administrative hearings pursuant to s. 120.569 or s. 120.57.
170For all actions other than agency enforcement and disciplinary
171actions against a licensee or other person, such rules shall
172require the petition to include:
173     a.  The identification of the petitioner.
174     b.  A statement of when and how the petitioner received
175notice of the agency's action or proposed action.
176     c.  An explanation of how the petitioner's substantial
177interests are or will be affected by the action or proposed
179     d.  A statement of all material facts disputed by the
180petitioner or a statement that there are no disputed facts.
181     e.  A statement of the ultimate facts alleged, including a
182statement of the specific facts the petitioner contends warrant
183reversal or modification of the agency's proposed action.
184     f.  A statement of the specific rules or statutes that the
185petitioner contends require reversal or modification of the
186agency's proposed action, including an explanation of how the
187alleged facts relate to the specific rules or statutes.
188     g.  A statement of the relief sought by the petitioner,
189stating precisely the action petitioner wishes the agency to
190take with respect to the proposed action.
191     5.  Uniform rules of procedure for the filing and prompt
192disposition of petitions for declaratory statements.
193     6.  Provision of a method by which each agency head shall
194provide a description of the agency's organization and general
195course of its operations.
196     7.  Uniform rules establishing procedures for granting or
197denying petitions for variances and waivers pursuant to s.
199     Section 3.  Effective December 31, 2006, section 120.55,
200Florida 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
204publish the "Florida Administrative Code." The Florida
205Administrative Code shall contain all rules adopted by each
206agency, citing the specific rulemaking authority pursuant to
207which each rule was adopted, all history notes as authorized in
208s. 120.545(9), and complete indexes to all rules contained in
209the code. Supplementation shall be made as often as practicable,
210but at least monthly. The department may contract with a
211publishing firm for the publication, in a timely and useful
212form, of the Florida Administrative Code; however, the
213department shall retain responsibility for the code as provided
214in this section. This publication shall be the official
215compilation of the administrative rules of this state. The
216Department of State shall retain the copyright over the Florida
217Administrative Code.
218     2.  Rules general in form but applicable to only one school
219district, community college district, or county, or a part
220thereof, or state university rules relating to internal
221personnel or business and finance shall not be published in the
222Florida Administrative Code. Exclusion from publication in the
223Florida Administrative Code shall not affect the validity or
224effectiveness of such rules.
225     3.  At the beginning of the section of the code dealing
226with an agency that files copies of its rules with the
227department, the department shall publish the address and
228telephone number of the executive offices of each agency, the
229manner by which the agency indexes its rules, a listing of all
230rules of that agency excluded from publication in the code, and
231a statement as to where those rules may be inspected.
232     4.  Forms shall not be published in the Florida
233Administrative Code; but any form which an agency uses in its
234dealings with the public, along with any accompanying
235instructions, shall be filed with the committee before it is
236used. Any form or instruction which meets the definition of
237"rule" provided in s. 120.52 shall be incorporated by reference
238into the appropriate rule.  The reference shall specifically
239state that the form is being incorporated by reference and shall
240include the number, title, and effective date of the form and an
241explanation of how the form may be obtained. Each form created
242by an agency which is incorporated by reference in a rule notice
243of which is given under s. 120.54(3)(a) after December 31, 2006,
244must clearly display the number, title, and effective date of
245the form and the number of the rule in which the form is
247     (b)  Electronically publish on an Internet website managed
248by the department a weekly publication entitled the "Florida
249Administrative Weekly," which shall serve as the official
250Internet website for such publication and must contain:
251     1.  Notice of adoption of, and an index to, all rules filed
252during the preceding week.
253     2.  All notices required by s. 120.54(3)(a), showing the
254text of all rules proposed for consideration or a reference to
255the location in the Florida Administrative Weekly where the text
256of the proposed rules is published.
257     3.  All notices of public meetings, hearings, and workshops
258conducted in accordance with the provisions of s. 120.525,
259including a statement of the manner in which a copy of the
260agenda may be obtained.
261     4.  A notice of each request for authorization to amend or
262repeal an existing uniform rule or for the adoption of new
263uniform rules.
264     5.  Notice of petitions for declaratory statements or
265administrative determinations.
266     6.  A summary of each objection to any rule filed by the
267Administrative Procedures Committee during the preceding week.
268     7.  A cumulative list of all rules that have been proposed
269but not filed for adoption.
270     8.7.  Any other material required or authorized by law or
271deemed useful by the department.
273The department shall publish a printed version of the Florida
274Administrative Weekly and make copies available on an annual
275subscription basis. The department may contract with a
276publishing firm for printed publication of the Florida
277Administrative Weekly.
278     (c)  Review notices for compliance with format and
279numbering requirements before publishing them on the Florida
280Administrative Weekly Internet website.
281     (d)(c)  Prescribe by rule the style and form required for
282rules submitted for filing and establish the form for their
284     (e)(d)  Correct grammatical, typographical, and like errors
285not affecting the construction or meaning of the rules, after
286having obtained the advice and consent of the appropriate
287agency, and insert history notes.
288     (e)  Make copies of the Florida Administrative Weekly
289available on an annual subscription basis computed to cover a
290pro rata share of 50 percent of the costs related to the
291publication of the Florida Administrative Weekly.
292     (f)  Charge each agency using the Florida Administrative
293Weekly a space rate computed to cover a pro rata share of 50
294percent of the costs related to the Florida Administrative
295Weekly and the Florida Administrative Code.
296     (g)  Maintain a permanent record of all notices published
297in the Florida Administrative Weekly.
298     (2)  The Florida Administrative Weekly Internet website
299must allow users to:
300     (a)  Search for notices by type, publication date, rule
301number, word, subject, and agency;
302     (b)  Search a database that makes available all notices
303published on the website for a period of at least 5 years;
304     (c)  Subscribe to an automated e-mail notification of
305selected notices; and
306     (d)  View agency forms incorporated by reference in
307proposed rules.
308     (3)  Publication of material required by paragraph (1)(b)
309on the Florida Administrative Weekly Internet website does not
310preclude publication of such material on an agency's website or
311by other means.
312     (4)(2)  Each agency shall provide copies of its rules upon
313request, with citations to the grant of rulemaking authority and
314the specific law implemented for each rule print or distribute
315copies of its rules, citing the specific rulemaking authority
316pursuant to which each rule was adopted.
317     (5)(3)  Any publication of a proposed rule promulgated by
318an agency, whether published in the Florida Administrative Code
319or elsewhere, shall include, along with the rule, the name of
320the person or persons originating such rule, the name of the
321supervisor or person who approved the rule, and the date upon
322which the rule was approved.
323     (6)  Access to the Florida Administrative Weekly Internet
324website and its contents, including the e-mail notification
325service, shall be free for the public.
326     (7)(4)(a)  Each year the Department of State shall furnish
327the Florida Administrative Weekly, without charge and upon
328request, as follows:
329     1.  One subscription to each federal and state court having
330jurisdiction over the residents of the state; the Legislative
331Library; each state university library; the State Library; each
332depository library designated pursuant to s. 257.05; and each
333standing committee of the Senate and House of Representatives
334and each state legislator.
335     2.  Two subscriptions to each state department.
336     3.  Three subscriptions to the library of the Supreme Court
337of Florida, the library of each state district court of appeal,
338the division, the library of the Attorney General, each law
339school library in Florida, the Secretary of the Senate, and the
340Clerk of the House of Representatives.
341     4.  Ten subscriptions to the committee.
342     (b)  The Department of State shall furnish one copy of the
343Florida Administrative Weekly, at no cost, to each clerk of the
344circuit court and each state department, for posting for public
346     (8)(5)(a)  All fees and moneys collected by the Department
347of State under this chapter shall be deposited in the Records
348Management Trust Fund for the purpose of paying for the
349publication and distribution of the Florida Administrative Code
350and the Florida Administrative Weekly and for associated costs
351incurred by the department in carrying out this chapter.
352     (b)  The unencumbered balance in the Records Management
353Trust Fund for fees collected pursuant to this chapter may shall
354not exceed $300,000 at the beginning of each fiscal year, and
355any excess shall be transferred to the General Revenue Fund.
356     (c)  It is the intent of the Legislature that the Florida
357Administrative Weekly be supported entirely from funds collected
358for subscriptions to and advertisements in the Florida
359Administrative Weekly.
360     Section 4.  Subsection (3) of section 120.551, Florida
361Statutes, is amended to read:
362     120.551  Internet publication.--
363     (3)  This section is repealed effective December 31, 2006
364July 1, 2005, unless reviewed and reenacted by the Legislature
365before that date.
366     Section 5.  Paragraph (b) of subsection (2) of section
367120.56, Florida Statutes, is amended to read:
368     120.56  Challenges to rules.--
370     (b)  The administrative law judge may declare the proposed
371rule wholly or partly invalid. Unless the decision of the
372administrative law judge is reversed on appeal, the proposed
373rule or provision of a proposed rule declared invalid shall be
374withdrawn by the adopting agency and shall not be adopted. No
375rule shall be filed for adoption until 28 days after the notice
376required by s. 120.54(3)(a), until 21 days after the notice
377required by s. 120.54(3)(d), until 14 days after the public
378hearing, until 21 days after preparation of a statement of
379estimated regulatory costs required pursuant to s. 120.541, or
380until the administrative law judge has rendered a decision,
381whichever applies. However, the agency may proceed with all
382other steps in the rulemaking process, including the holding of
383a factfinding hearing. In the event part of a proposed rule is
384declared invalid, the adopting agency may, in its sole
385discretion, withdraw the proposed rule in its entirety. The
386agency whose proposed rule has been declared invalid in whole or
387part shall give notice of the decision in the first available
388issue of the Florida Administrative Weekly.
389     Section 6.  Paragraph (c) of subsection (2) of section
390120.569, 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
394request for hearing shall include those items required by the
395uniform rules adopted pursuant to s. 120.54(5)(b)4.  Upon the
396receipt of a petition or request for hearing, the agency shall
397carefully review the petition to determine if it contains all of
398the required information.  A petition shall be dismissed if it
399is not in substantial compliance with these requirements or it
400has been untimely filed.  Dismissal of a petition shall, at
401least once, be without prejudice to petitioner's filing a timely
402amended petition curing the defect, unless it conclusively
403appears from the face of the petition that the defect cannot be
404cured.  The agency shall promptly give written notice to all
405parties of the action taken on the petition, shall state with
406particularity its reasons if the petition is not granted, and
407shall state the deadline for filing an amended petition if
408applicable. The time for filing a petition shall be extended if
409the petitioner has been misled or lulled into inaction, has in
410some extraordinary way been prevented from asserting his or her
411rights, or has timely asserted his or her rights mistakenly in
412the wrong forum.
413     Section 7.  Paragraph (a) of subsection (3) of section
414120.57, Florida Statutes, is amended to read:
415     120.57  Additional procedures for particular cases.--
417CONTRACT SOLICITATION OR AWARD.--Agencies subject to this
418chapter shall use the uniform rules of procedure, which provide
419procedures for the resolution of protests arising from the
420contract solicitation or award process. Such rules shall at
421least provide that:
422     (a)  The agency shall provide notice of a decision or
423intended decision concerning a solicitation, contract award, or
424exceptional purchase by electronic posting. This notice shall
425contain the following statement: "Failure to file a protest
426within the time prescribed in section 120.57(3), Florida
427Statutes, or failure to post the bond or other security required
428by law within the time allowed for filing a bond shall
429constitute a waiver of proceedings under chapter 120, Florida
431     Section 8.  Subsection (2) of section 120.74, Florida
432Statutes, is amended to read:
433     120.74  Agency review, revision, and report.--
434     (2)  Beginning October 1, 1997, and by October 1 of every
435other year thereafter, the head of each agency shall file a
436report with the President of the Senate, and the Speaker of the
437House of Representatives, and the committee, with a copy to each
438appropriate standing committee of the Legislature, which
439certifies that the agency has complied with the requirements of
440this subsection. The report must specify any changes made to its
441rules as a result of the review and, when appropriate, recommend
442statutory changes that will promote efficiency, reduce
443paperwork, or decrease costs to government and the private
445     Section 9.  The Department of State shall, before December
44631, 2006, make available, to all agencies required on the
447effective date of this act to publish materials in the Florida
448Administrative Weekly, training courses for the purpose of
449assisting the agencies with their transition to publishing on
450the Florida Administrative Weekly Internet website. The training
451courses may be provided in the form of workshops or software
452packages that allow self-training by agency personnel.
453     Section 10.  Except as otherwise expressly provided in this
454act, this act shall take effect July 1, 2005.

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