Senate Bill sb0262c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                     CS for CS for SB 262

    By the Committees on Judiciary; Governmental Oversight and
    Productivity; and Senator Bennett




    590-1729-06

  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;

                                  1

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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  

                                  2

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  3

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  4

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  5

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  6

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

31  

                                  7

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  8

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

31  

                                  9

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  10

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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:

                                  11

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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.

                                  12

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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.

31  

                                  13

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

31  

                                  14

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  15

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  16

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  17

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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

                                  18

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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.

31  

                                  19

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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.--

31  

                                  20

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 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.

26  

27  

28  

29  

30  

31  

                                  21

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






    Florida Senate - 2006                     CS for CS for SB 262
    590-1729-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                        CS/Senate Bill 262

 3                                 

 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.
 6  
    --   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.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  22

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