Senate Bill sb0262c2
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By the Committees on Judiciary; Governmental Oversight and
Productivity; and Senator Bennett
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1 A bill to be entitled
2 An act relating to administrative procedures;
3 amending s. 11.60, F.S.; revising duties of the
4 Administrative Procedures Committee with
5 respect to its review of statutes; amending s.
6 57.111, F.S.; redefining the term "small
7 business" to include certain specified
8 individuals whose net worth does not exceed a
9 specified amount; amending s. 120.54, F.S.;
10 requiring an agency to file a notice of change
11 with the Administrative Procedures Committee;
12 revising times for filing rules for adoption;
13 providing an exception to the term
14 "administrative determination" for purposes of
15 rule adoption; providing for the form and
16 provisions of bonds; revising applicability of
17 certain uniform rules; providing additional
18 content for uniform rules; amending s. 120.55,
19 F.S.; requiring that certain information be
20 included in forms incorporated by reference in
21 rules; requiring information to be published
22 electronically on an Internet website;
23 providing that such publication does not
24 preclude other publications; providing
25 additional duties of the Department of State
26 with respect to publications; providing
27 requirements for the Internet website; amending
28 s. 120.551, F.S.; postponing the repeal of this
29 section, relating to Internet publication;
30 amending s. 120.56, F.S.; revising provisions
31 relating to withdrawal of challenged rules;
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1 amending s. 120.569, F.S.; prescribing
2 circumstances under which the time for filing a
3 petition for hearing must be extended; amending
4 s. 120.57, F.S.; requiring a final order to
5 include an explicit ruling on each exception to
6 the recommended order; requiring that
7 additional information be included in notices
8 relating to protests of contract solicitations
9 or awards; amending s. 120.65, F.S.; requiring
10 the Division of Administrative Hearings to
11 include certain recommendations and information
12 in its annual report to the Administrative
13 Procedures Committee; amending s. 120.74, F.S.;
14 requiring agency reports to be filed with the
15 Administrative Procedures Committee; requiring
16 that the annual report filed by an agency
17 identify the types of cases or disputes in
18 which it is involved which should be conducted
19 under the summary hearing process; requiring
20 the Department of State to provide certain
21 assistance to agencies in their transition to
22 publishing on the Florida Administrative Weekly
23 Internet website; providing effective dates.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (4) of section 11.60, Florida
28 Statutes, is amended to read:
29 11.60 Administrative Procedures Committee; creation;
30 membership; powers; duties.--
31
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1 (4) The committee shall undertake and maintain a
2 systematic and continuous review of statutes that authorize
3 agencies to adopt rules and shall make recommendations to the
4 appropriate standing committees of the Senate and the House of
5 Representatives as to the advisability of considering changes
6 to the delegated legislative authority to adopt rules in
7 specific circumstances. The annual report submitted pursuant
8 to paragraph (2)(f) shall include a schedule for the required
9 systematic review of existing statutes, a summary of the
10 status of this review, and any recommendations provided to the
11 standing committees during the preceding year.
12 Section 2. Paragraph (d) of subsection (3) of section
13 57.111, Florida Statutes, is amended to read:
14 57.111 Civil actions and administrative proceedings
15 initiated by state agencies; attorneys' fees and costs.--
16 (3) As used in this section:
17 (d) The term "small business party" means:
18 1.a. A sole proprietor of an unincorporated business,
19 including a professional practice, whose principal office is
20 in this state, who is domiciled in this state, and whose
21 business or professional practice has, at the time the action
22 is initiated by a state agency, not more than 25 full-time
23 employees or a net worth of not more than $2 million,
24 including both personal and business investments; or
25 b. A partnership or corporation, including a
26 professional practice, which has its principal office in this
27 state and has at the time the action is initiated by a state
28 agency not more than 25 full-time employees or a net worth of
29 not more than $2 million; or
30 c. An individual whose net worth did not exceed $2
31 million at the time the action is initiated by a state agency
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1 when the action is brought against that individual's license
2 to engage in the practice or operation of a business,
3 profession, or trade; or
4 2. Any Either small business party as defined in
5 subparagraph 1., without regard to the number of its employees
6 or its net worth, in any action under s. 72.011 or in any
7 administrative proceeding under that section to contest the
8 legality of any assessment of tax imposed for the sale or use
9 of services as provided in chapter 212, or interest thereon,
10 or penalty therefor.
11 Section 3. Paragraphs (d) and (e) of subsection (3)
12 and paragraph (b) of subsection (5) of section 120.54, Florida
13 Statutes, are amended to read:
14 120.54 Rulemaking.--
15 (3) ADOPTION PROCEDURES.--
16 (d) Modification or withdrawal of proposed rules.--
17 1. After the final public hearing on the proposed
18 rule, or after the time for requesting a hearing has expired,
19 if the rule has not been changed from the rule as previously
20 filed with the committee, or contains only technical changes,
21 the adopting agency shall file a notice to that effect with
22 the committee at least 7 days prior to filing the rule for
23 adoption. Any change, other than a technical change that does
24 not affect the substance of the rule, must be supported by the
25 record of public hearings held on the rule, must be in
26 response to written material received on or before the date of
27 the final public hearing, or must be in response to a proposed
28 objection by the committee. In addition, when any change is
29 made in a proposed rule, other than a technical change, the
30 adopting agency shall provide a copy of a notice of change by
31 certified mail or actual delivery to any person who requests
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1 it in writing no later than 21 days after the notice required
2 in paragraph (a). The agency shall file the notice of change
3 with the committee, along with the reasons for the such
4 change, and provide the notice of change to persons requesting
5 it, at least 21 days prior to filing the rule for adoption.
6 The notice of change shall be published in the Florida
7 Administrative Weekly at least 21 days prior to filing the
8 rule for adoption. This subparagraph does not apply to
9 emergency rules adopted pursuant to subsection (4).
10 2. After the notice required by paragraph (a) and
11 prior to adoption, the agency may withdraw the rule in whole
12 or in part.
13 3. After adoption and before the effective date, a
14 rule may be modified or withdrawn only in response to an
15 objection by the committee or may be modified to extend the
16 effective date by not more than 60 days when the committee has
17 notified the agency that an objection to the rule is being
18 considered.
19 4. The agency shall give notice of its decision to
20 withdraw or modify a rule in the first available issue of the
21 publication in which the original notice of rulemaking was
22 published, shall notify those persons described in
23 subparagraph (a)3. in accordance with the requirements of that
24 subparagraph, and shall notify the Department of State if the
25 rule is required to be filed with the Department of State.
26 5. After a rule has become effective, it may be
27 repealed or amended only through the rulemaking procedures
28 specified in this chapter.
29 (e) Filing for final adoption; effective date.--
30 1. If the adopting agency is required to publish its
31 rules in the Florida Administrative Code, it shall file with
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1 the Department of State three certified copies of the rule it
2 proposes to adopt, a summary of the rule, a summary of any
3 hearings held on the rule, and a detailed written statement of
4 the facts and circumstances justifying the rule. Agencies not
5 required to publish their rules in the Florida Administrative
6 Code shall file one certified copy of the proposed rule, and
7 the other material required by this subparagraph, in the
8 office of the agency head, and such rules shall be open to the
9 public.
10 2. A rule may not be filed for adoption less than 28
11 days or more than 90 days after the notice required by
12 paragraph (a), until 21 days after the notice of change
13 required by paragraph (d), until 14 days after the final
14 public hearing, until 21 days after preparation of a statement
15 of estimated regulatory costs required under s. 120.541, or
16 until the administrative law judge has rendered a decision
17 under s. 120.56(2), whichever applies. Filings shall be made
18 no less than 28 days nor more than 90 days after the notice
19 required by paragraph (a). When a required notice of change is
20 published prior to the expiration of the time to file the rule
21 for adoption, the period during which a rule must be filed for
22 adoption is extended to 45 days after the date of publication.
23 If notice of a public hearing is published prior to the
24 expiration of the time to file the rule for adoption, the
25 period during which a rule must be filed for adoption is
26 extended to 45 days after adjournment of the final hearing on
27 the rule, 21 days after receipt of all material authorized to
28 be submitted at the hearing, or 21 days after receipt of the
29 transcript, if one is made, whichever is latest. The term
30 "public hearing" includes any public meeting held by any
31 agency at which the rule is considered. If a petition for an
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1 administrative determination under s. 120.56(2) is filed, the
2 period during which a rule must be filed for adoption is
3 extended to 60 days after the administrative law judge files
4 the final order with the clerk or until 60 days after
5 subsequent judicial review is complete. The filing of a
6 petition for an administrative determination under the
7 provisions of s. 120.56(2) shall toll the 90-day period during
8 which a rule must be filed for adoption until the
9 administrative law judge has filed the final order with the
10 clerk.
11 3. At the time a rule is filed, the agency shall
12 certify that the time limitations prescribed by this paragraph
13 have been complied with, that all statutory rulemaking
14 requirements have been met, and that there is no
15 administrative determination pending on the rule.
16 4. At the time a rule is filed, the committee shall
17 certify whether the agency has responded in writing to all
18 material and timely written comments or written inquiries made
19 on behalf of the committee. The department shall reject any
20 rule not filed within the prescribed time limits; that does
21 not satisfy all statutory rulemaking requirements; upon which
22 an agency has not responded in writing to all material and
23 timely written inquiries or written comments; upon which an
24 administrative determination is pending; or which does not
25 include a statement of estimated regulatory costs, if
26 required.
27 5. If a rule has not been adopted within the time
28 limits imposed by this paragraph or has not been adopted in
29 compliance with all statutory rulemaking requirements, the
30 agency proposing the rule shall withdraw the rule and give
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1 notice of its action in the next available issue of the
2 Florida Administrative Weekly.
3 6. The proposed rule shall be adopted on being filed
4 with the Department of State and become effective 20 days
5 after being filed, on a later date specified in the rule, or
6 on a date required by statute. Rules not required to be filed
7 with the Department of State shall become effective when
8 adopted by the agency head or on a later date specified by
9 rule or statute. If the committee notifies an agency that an
10 objection to a rule is being considered, the agency may
11 postpone the adoption of the rule to accommodate review of the
12 rule by the committee. When an agency postpones adoption of a
13 rule to accommodate review by the committee, the 90-day period
14 for filing the rule is tolled until the committee notifies the
15 agency that it has completed its review of the rule.
16
17 For the purposes of this paragraph, the term "administrative
18 determination" does not include subsequent judicial review.
19 (5) UNIFORM RULES.--
20 (b) The uniform rules of procedure adopted by the
21 commission pursuant to this subsection shall include, but are
22 not limited to:
23 1. Uniform rules for the scheduling of public
24 meetings, hearings, and workshops.
25 2. Uniform rules for use by each state agency that
26 provide procedures for conducting public meetings, hearings,
27 and workshops, and for taking evidence, testimony, and
28 argument at such public meetings, hearings, and workshops, in
29 person and by means of communications media technology. The
30 rules shall provide that all evidence, testimony, and argument
31 presented shall be afforded equal consideration, regardless of
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1 the method of communication. If a public meeting, hearing, or
2 workshop is to be conducted by means of communications media
3 technology, or if attendance may be provided by such means,
4 the notice shall so state. The notice for public meetings,
5 hearings, and workshops utilizing communications media
6 technology shall state how persons interested in attending may
7 do so and shall name locations, if any, where communications
8 media technology facilities will be available. Nothing in this
9 paragraph shall be construed to diminish the right to inspect
10 public records under chapter 119. Limiting points of access to
11 public meetings, hearings, and workshops subject to the
12 provisions of s. 286.011 to places not normally open to the
13 public shall be presumed to violate the right of access of the
14 public, and any official action taken under such circumstances
15 is void and of no effect. Other laws relating to public
16 meetings, hearings, and workshops, including penal and
17 remedial provisions, shall apply to public meetings, hearings,
18 and workshops conducted by means of communications media
19 technology, and shall be liberally construed in their
20 application to such public meetings, hearings, and workshops.
21 As used in this subparagraph, "communications media
22 technology" means the electronic transmission of printed
23 matter, audio, full-motion video, freeze-frame video,
24 compressed video, and digital video by any method available.
25 3. Uniform rules of procedure for the filing of notice
26 of protests and formal written protests. The Administration
27 Commission may prescribe the form and substantive provisions
28 of a required bond.
29 4. Uniform rules of procedure for the filing of
30 petitions for administrative hearings pursuant to s. 120.569
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1 or s. 120.57. Such rules shall require the petition to
2 include:
3 a. The identification of the petitioner.
4 b. A statement of when and how the petitioner received
5 notice of the agency's action or proposed action.
6 c. An explanation of how the petitioner's substantial
7 interests are or will be affected by the action or proposed
8 action.
9 d. A statement of all material facts disputed by the
10 petitioner or a statement that there are no disputed facts.
11 e. A statement of the ultimate facts alleged,
12 including a statement of the specific facts the petitioner
13 contends warrant reversal or modification of the agency's
14 proposed action.
15 f. A statement of the specific rules or statutes that
16 the petitioner contends require reversal or modification of
17 the agency's proposed action, including an explanation of how
18 the alleged facts relate to the specific rules or statutes.
19 g. A statement of the relief sought by the petitioner,
20 stating precisely the action petitioner wishes the agency to
21 take with respect to the proposed action.
22 5. Uniform rules for the filing of request for
23 administrative hearing by a respondent in agency enforcement
24 and disciplinary actions. Such rules shall require a request
25 to include:
26 a. The name, address, and telephone number of the
27 party making the request and the name, address, and telephone
28 number of the party's counsel or qualified representative upon
29 whom service of pleadings and other papers shall be made;
30 b. A statement that the respondent is requesting an
31 administrative hearing and disputes the material facts alleged
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1 by the petitioner, in which case the respondent shall identify
2 those material facts that are in dispute, or that the
3 respondent is requesting an administrative hearing and does
4 not dispute the material facts alleged by the petitioner; and
5 c. A reference by file number to the administrative
6 complaint that the party has received from the agency and the
7 date on which the agency pleading was received.
8
9 The agency may provide an election-of-rights form for the
10 respondent's use in requesting a hearing, so long as any form
11 provided by the agency calls for the information in
12 sub-subparagraphs a. through c. and does not impose any
13 additional requirements on a respondent in order to request a
14 hearing, unless such requirements are specifically authorized
15 by law.
16 6.5. Uniform rules of procedure for the filing and
17 prompt disposition of petitions for declaratory statements.
18 The rules shall also describe the contents of the notices that
19 must be published in the Florida Administrative Weekly under
20 s. 120.565, including any applicable time limit for the filing
21 of petitions to intervene or petitions for administrative
22 hearing by persons whose substantial interests may be
23 affected.
24 7.6. Provision of a method by which each agency head
25 shall provide a description of the agency's organization and
26 general course of its operations.
27 8.7. Uniform rules establishing procedures for
28 granting or denying petitions for variances and waivers
29 pursuant to s. 120.542.
30 Section 4. Effective December 31, 2007, section
31 120.55, Florida Statutes, is amended to read:
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1 120.55 Publication.--
2 (1) The Department of State shall:
3 (a)1. Through a continuous revision system, compile
4 and publish the "Florida Administrative Code." The Florida
5 Administrative Code shall contain all rules adopted by each
6 agency, citing the specific rulemaking authority pursuant to
7 which each rule was adopted, all history notes as authorized
8 in s. 120.545(9), and complete indexes to all rules contained
9 in the code. Supplementation shall be made as often as
10 practicable, but at least monthly. The department may
11 contract with a publishing firm for the publication, in a
12 timely and useful form, of the Florida Administrative Code;
13 however, the department shall retain responsibility for the
14 code as provided in this section. This publication shall be
15 the official compilation of the administrative rules of this
16 state. The Department of State shall retain the copyright over
17 the Florida Administrative Code.
18 2. Rules general in form but applicable to only one
19 school district, community college district, or county, or a
20 part thereof, or state university rules relating to internal
21 personnel or business and finance shall not be published in
22 the Florida Administrative Code. Exclusion from publication in
23 the Florida Administrative Code shall not affect the validity
24 or effectiveness of such rules.
25 3. At the beginning of the section of the code dealing
26 with an agency that files copies of its rules with the
27 department, the department shall publish the address and
28 telephone number of the executive offices of each agency, the
29 manner by which the agency indexes its rules, a listing of all
30 rules of that agency excluded from publication in the code,
31 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 which meets the definition of
6 "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. Each form created by an agency which is incorporated
12 by reference in a rule notice of which is given under s.
13 120.54(3)(a) after December 31, 2007, must clearly display the
14 number, title, and effective date of the form and the number
15 of the rule in which the form is incorporated.
16 (b) Electronically publish on an Internet website
17 managed by the department a weekly publication entitled the
18 "Florida Administrative Weekly," which shall serve as the
19 official Internet website for such publication and must
20 contain:
21 1. Notice of adoption of, and an index to, all rules
22 filed during the preceding week.
23 2. All notices required by s. 120.54(3)(a), showing
24 the text of all rules proposed for consideration or a
25 reference to the location in the Florida Administrative Weekly
26 where the text of the proposed rules is published.
27 3. All notices of public meetings, hearings, and
28 workshops conducted in accordance with the provisions of s.
29 120.525, including a statement of the manner in which a copy
30 of the agenda may be obtained.
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1 4. A notice of each request for authorization to amend
2 or repeal an existing uniform rule or for the adoption of new
3 uniform rules.
4 5. Notice of petitions for declaratory statements or
5 administrative determinations.
6 6. A summary of each objection to any rule filed by
7 the Administrative Procedures Committee during the preceding
8 week.
9 7. A cumulative list of all rules that have been
10 proposed but not filed for adoption.
11 8.7. Any other material required or authorized by law
12 or deemed useful by the department.
13
14 The department shall publish a printed version of the Florida
15 Administrative Weekly and make copies available on an annual
16 subscription basis. The department may contract with a
17 publishing firm for printed publication of the Florida
18 Administrative Weekly.
19 (c) Review notices for compliance with format and
20 numbering requirements before publishing them on the Florida
21 Administrative Weekly Internet website.
22 (d)(c) Prescribe by rule the style and form required
23 for rules submitted for filing and establish the form for
24 their certification.
25 (e)(d) Correct grammatical, typographical, and like
26 errors not affecting the construction or meaning of the rules,
27 after having obtained the advice and consent of the
28 appropriate agency, and insert history notes.
29 (e) Make copies of the Florida Administrative Weekly
30 available on an annual subscription basis computed to cover a
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1 pro rata share of 50 percent of the costs related to the
2 publication of the Florida Administrative Weekly.
3 (f) Charge each agency using the Florida
4 Administrative Weekly a space rate computed to cover a pro
5 rata share of 50 percent of the costs related to the Florida
6 Administrative Weekly and the Florida Administrative Code.
7 (g) Maintain a permanent record of all notices
8 published in the Florida Administrative Weekly.
9 (2) The Florida Administrative Weekly Internet website
10 must allow users to:
11 (a) Search for notices by type, publication date, rule
12 number, word, subject, and agency;
13 (b) Search a database that makes available all notices
14 published on the website for a period of at least 5 years;
15 (c) Subscribe to an automated e-mail notification of
16 selected notices;
17 (d) View agency forms incorporated by reference in
18 proposed rules; and
19 (e) Comment on proposed rules.
20 (3) Publication of material required by paragraph
21 (1)(b) on the Florida Administrative Weekly Internet website
22 does not preclude publication of such material on an agency's
23 website or by other means.
24 (4)(2) Each agency shall provide copies of its rules
25 upon request, with citations to the grant of rulemaking
26 authority and the specific law implemented for each rule print
27 or distribute copies of its rules, citing the specific
28 rulemaking authority pursuant to which each rule was adopted.
29 (5)(3) Any publication of a proposed rule promulgated
30 by an agency, whether published in the Florida Administrative
31 Code or elsewhere, shall include, along with the rule, the
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1 name of the person or persons originating such rule, the name
2 of the supervisor or person who approved the rule, and the
3 date upon which the rule was approved.
4 (6) Access to the Florida Administrative Weekly
5 Internet website and its contents, including the e-mail
6 notification service, shall be free for the public.
7 (7)(a)(4)(a) Each year the Department of State shall
8 furnish the Florida Administrative Weekly, without charge and
9 upon request, as follows:
10 1. One subscription to each federal and state court
11 having jurisdiction over the residents of the state; the
12 Legislative Library; each state university library; the State
13 Library; each depository library designated pursuant to s.
14 257.05; and each standing committee of the Senate and House of
15 Representatives and each state legislator.
16 2. Two subscriptions to each state department.
17 3. Three subscriptions to the library of the Supreme
18 Court of Florida, the library of each state district court of
19 appeal, the division, the library of the Attorney General,
20 each law school library in Florida, the Secretary of the
21 Senate, and the Clerk of the House of Representatives.
22 4. Ten subscriptions to the committee.
23 (b) The Department of State shall furnish one copy of
24 the Florida Administrative Weekly, at no cost, to each clerk
25 of the circuit court and each state department, for posting
26 for public inspection.
27 (8)(a)(5)(a) All fees and moneys collected by the
28 Department of State under this chapter shall be deposited in
29 the Records Management Trust Fund for the purpose of paying
30 for the publication and distribution of the Florida
31 Administrative Code and the Florida Administrative Weekly and
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1 for associated costs incurred by the department in carrying
2 out this chapter.
3 (b) The unencumbered balance in the Records Management
4 Trust Fund for fees collected pursuant to this chapter may
5 shall not exceed $300,000 at the beginning of each fiscal
6 year, and any excess shall be transferred to the General
7 Revenue Fund.
8 (c) It is the intent of the Legislature that the
9 Florida Administrative Weekly be supported entirely from funds
10 collected for subscriptions to and advertisements in the
11 Florida Administrative Weekly.
12 Section 5. Subsection (3) of section 120.551, Florida
13 Statutes, is amended to read:
14 120.551 Internet publication.--
15 (3) This section is repealed effective December 31,
16 2007 July 1, 2006, unless reviewed and reenacted by the
17 Legislature before that date.
18 Section 6. Paragraph (b) of subsection (2) of section
19 120.56, Florida Statutes, is amended to read:
20 120.56 Challenges to rules.--
21 (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.--
22 (b) The administrative law judge may declare the
23 proposed rule wholly or partly invalid. Unless the decision of
24 the administrative law judge is reversed on appeal, the
25 proposed rule or provision of a proposed rule declared invalid
26 shall be withdrawn by the adopting agency and shall not be
27 adopted. No rule shall be filed for adoption until 28 days
28 after the notice required by s. 120.54(3)(a), until 21 days
29 after the notice required by s. 120.54(3)(d), until 14 days
30 after the public hearing, until 21 days after preparation of a
31 statement of estimated regulatory costs required pursuant to
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1 s. 120.541, or until the administrative law judge has rendered
2 a decision, whichever applies. However, the agency may proceed
3 with all other steps in the rulemaking process, including the
4 holding of a factfinding hearing. In the event part of a
5 proposed rule is declared invalid, the adopting agency may, in
6 its sole discretion, withdraw the proposed rule in its
7 entirety. The agency whose proposed rule has been declared
8 invalid in whole or part shall give notice of the decision in
9 the first available issue of the Florida Administrative
10 Weekly.
11 Section 7. Paragraph (c) of subsection (2) of section
12 120.569, Florida Statutes, is amended to read:
13 120.569 Decisions which affect substantial
14 interests.--
15 (2)
16 (c) Unless otherwise provided by law, a petition or
17 request for hearing shall include those items required by the
18 uniform rules adopted pursuant to s. 120.54(5)(b)4. Upon the
19 receipt of a petition or request for hearing, the agency shall
20 carefully review the petition to determine if it contains all
21 of the required information. A petition shall be dismissed if
22 it is not in substantial compliance with these requirements or
23 it has been untimely filed. Dismissal of a petition shall, at
24 least once, be without prejudice to petitioner's filing a
25 timely amended petition curing the defect, unless it
26 conclusively appears from the face of the petition that the
27 defect cannot be cured. The agency shall promptly give
28 written notice to all parties of the action taken on the
29 petition, shall state with particularity its reasons if the
30 petition is not granted, and shall state the deadline for
31 filing an amended petition if applicable. The time for filing
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1 a petition shall be extended for an appropriate time if the
2 petitioner demonstrates that the petitioner has been misled or
3 lulled into inaction by the agency or has in some
4 extraordinary way been prevented from asserting his or her
5 rights by the agency.
6 Section 8. Paragraphs (k) and (m) of subsection (1)
7 and paragraph (a) of subsection (3) of section 120.57, Florida
8 Statutes, are amended to read:
9 120.57 Additional procedures for particular cases.--
10 (1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS
11 INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--
12 (k) The presiding officer shall complete and submit to
13 the agency and all parties a recommended order consisting of
14 findings of fact, conclusions of law, and recommended
15 disposition or penalty, if applicable, and any other
16 information required by law to be contained in the final
17 order. All proceedings conducted under pursuant to this
18 subsection shall be de novo. The agency shall allow each party
19 15 days in which to submit written exceptions to the
20 recommended order. The final order shall include an explicit
21 ruling on each exception, but an agency need not rule on an
22 exception that does not clearly identify the disputed portion
23 of the recommended order by page number or paragraph, that
24 does not identify the legal basis for the exception, or that
25 does not include appropriate and specific citations to the
26 record.
27 (m) If a recommended order is submitted to an agency,
28 the agency shall provide a copy of its final order and any
29 exceptions to the division within 15 days after the order is
30 filed with the agency clerk.
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1 (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
2 CONTRACT SOLICITATION OR AWARD.--Agencies subject to this
3 chapter shall use the uniform rules of procedure, which
4 provide procedures for the resolution of protests arising from
5 the contract solicitation or award process. Such rules shall
6 at least provide that:
7 (a) The agency shall provide notice of a decision or
8 intended decision concerning a solicitation, contract award,
9 or exceptional purchase by electronic posting. This notice
10 shall contain the following statement: "Failure to file a
11 protest within the time prescribed in section 120.57(3),
12 Florida Statutes, or failure to post the bond or other
13 security required by law within the time allowed for filing a
14 bond shall constitute a waiver of proceedings under chapter
15 120, Florida Statutes."
16 Section 9. Paragraphs (c) and (d) are added to
17 subsection (10) of section 120.65, Florida Statutes, to read:
18 120.65 Administrative law judges.--
19 (10) Not later than February 1 of each year, the
20 division shall issue a written report to the Administrative
21 Procedures Committee and the Administration Commission,
22 including at least the following information:
23 (c) Recommendations as to those types of cases or
24 disputes which should be conducted under the summary hearing
25 process described in s. 120.574.
26 (d) A report regarding each agency's compliance with
27 the filing requirement in s. 120.57(1)(m).
28 Section 10. Subsection (2) of section 120.74, Florida
29 Statutes, is amended to read:
30 120.74 Agency review, revision, and report.--
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1 (2) Beginning October 1, 1997, and by October 1 of
2 every other year thereafter, the head of each agency shall
3 file a report with the President of the Senate, and the
4 Speaker of the House of Representatives, and the committee,
5 with a copy to each appropriate standing committee of the
6 Legislature, which certifies that the agency has complied with
7 the requirements of this subsection. The report must specify
8 any changes made to its rules as a result of the review and,
9 when appropriate, recommend statutory changes that will
10 promote efficiency, reduce paperwork, or decrease costs to
11 government and the private sector. The report must identify
12 the types of cases or disputes in which the agency is involved
13 which should be conducted under the summary hearing process
14 described in s. 120.574.
15 Section 11. The Department of State shall, before
16 December 31, 2007, make available, to all agencies required on
17 the effective date of this act to publish materials in the
18 Florida Administrative Weekly, training courses for the
19 purpose of assisting the agencies with their transition to
20 publishing on the Florida Administrative Weekly Internet
21 website. The training courses may be provided in the form of
22 workshops or software packages that allow self-training by
23 agency personnel.
24 Section 12. Except as otherwise expressly provided in
25 this act, this act shall take effect July 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/Senate Bill 262
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4 -- Clarifies that a rule may not be filed for adoption until
21 days after the notice of change (rather than a notice
5 of no changes or technical changes) is filed with the
Joint Administrative Procedures Committee.
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-- Moves proposed language regarding what is not included
7 within the term "administrative determination" to a
different placement in the Florida Statutes, thus making
8 the qualifying language apply to all references to that
term within a particular statutory paragraph on filing
9 rules for adoption.
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