Senate Bill sb0262e1

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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. 120.56, F.S.; revising provisions relating

29         to withdrawal of challenged rules; amending s.

30         120.569, F.S.; providing for equitable tolling

31         as a defense to the untimely filing of a


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 1         petition; amending s. 120.57, F.S.; requiring a

 2         final order to include an explicit ruling on

 3         each exception to the recommended order;

 4         requiring that additional information be

 5         included in notices relating to protests of

 6         contract solicitations or awards; amending s.

 7         120.65, F.S.; requiring the Division of

 8         Administrative Hearings to include certain

 9         recommendations and information in its annual

10         report to the Administrative Procedures

11         Committee; amending s. 120.74, F.S.; requiring

12         agency reports to be filed with the

13         Administrative Procedures Committee; requiring

14         that the annual report filed by an agency

15         identify the types of cases or disputes in

16         which it is involved which should be conducted

17         under the summary hearing process; requiring

18         the Department of State to provide certain

19         assistance to agencies in their transition to

20         publishing on the Florida Administrative Weekly

21         Internet website; providing effective dates.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsection (4) of section 11.60, Florida

26  Statutes, is amended to read:

27         11.60  Administrative Procedures Committee; creation;

28  membership; powers; duties.--

29         (4)  The committee shall undertake and maintain a

30  systematic and continuous review of statutes that authorize

31  agencies to adopt rules and shall make recommendations to the


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 1  appropriate standing committees of the Senate and the House of

 2  Representatives as to the advisability of considering changes

 3  to the delegated legislative authority to adopt rules in

 4  specific circumstances. The annual report submitted pursuant

 5  to paragraph (2)(f) shall include a schedule for the required

 6  systematic review of existing statutes, a summary of the

 7  status of this review, and any recommendations provided to the

 8  standing committees during the preceding year.

 9         Section 2.  Paragraph (d) of subsection (3) of section

10  57.111, Florida Statutes, is amended to read:

11         57.111  Civil actions and administrative proceedings

12  initiated by state agencies; attorneys' fees and costs.--

13         (3)  As used in this section:

14         (d)  The term "small business party" means:

15         1.a.  A sole proprietor of an unincorporated business,

16  including a professional practice, whose principal office is

17  in this state, who is domiciled in this state, and whose

18  business or professional practice has, at the time the action

19  is initiated by a state agency, not more than 25 full-time

20  employees or a net worth of not more than $2 million,

21  including both personal and business investments; or

22         b.  A partnership or corporation, including a

23  professional practice, which has its principal office in this

24  state and has at the time the action is initiated by a state

25  agency not more than 25 full-time employees or a net worth of

26  not more than $2 million; or

27         c.  An individual whose net worth did not exceed $2

28  million at the time the action is initiated by a state agency

29  when the action is brought against that individual's license

30  to engage in the practice or operation of a business,

31  profession, or trade; or


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 1         2.  Any Either small business party as defined in

 2  subparagraph 1., without regard to the number of its employees

 3  or its net worth, in any action under s. 72.011 or in any

 4  administrative proceeding under that section to contest the

 5  legality of any assessment of tax imposed for the sale or use

 6  of services as provided in chapter 212, or interest thereon,

 7  or penalty therefor.

 8         Section 3.  Paragraphs (d) and (e) of subsection (3)

 9  and paragraph (b) of subsection (5) of section 120.54, Florida

10  Statutes, are amended to read:

11         120.54  Rulemaking.--

12         (3)  ADOPTION PROCEDURES.--

13         (d)  Modification or withdrawal of proposed rules.--

14         1.  After the final public hearing on the proposed

15  rule, or after the time for requesting a hearing has expired,

16  if the rule has not been changed from the rule as previously

17  filed with the committee, or contains only technical changes,

18  the adopting agency shall file a notice to that effect with

19  the committee at least 7 days prior to filing the rule for

20  adoption.  Any change, other than a technical change that does

21  not affect the substance of the rule, must be supported by the

22  record of public hearings held on the rule, must be in

23  response to written material received on or before the date of

24  the final public hearing, or must be in response to a proposed

25  objection by the committee. In addition, when any change is

26  made in a proposed rule, other than a technical change, the

27  adopting agency shall provide a copy of a notice of change by

28  certified mail or actual delivery to any person who requests

29  it in writing no later than 21 days after the notice required

30  in paragraph (a). The agency shall file the notice of change

31  with the committee, along with the reasons for the such


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 1  change, and provide the notice of change to persons requesting

 2  it, at least 21 days prior to filing the rule for adoption.

 3  The notice of change shall be published in the Florida

 4  Administrative Weekly at least 21 days prior to filing the

 5  rule for adoption.  This subparagraph does not apply to

 6  emergency rules adopted pursuant to subsection (4).

 7         2.  After the notice required by paragraph (a) and

 8  prior to adoption, the agency may withdraw the rule in whole

 9  or in part.

10         3.  After adoption and before the effective date, a

11  rule may be modified or withdrawn only in response to an

12  objection by the committee or may be modified to extend the

13  effective date by not more than 60 days when the committee has

14  notified the agency that an objection to the rule is being

15  considered.

16         4.  The agency shall give notice of its decision to

17  withdraw or modify a rule in the first available issue of the

18  publication in which the original notice of rulemaking was

19  published, shall notify those persons described in

20  subparagraph (a)3. in accordance with the requirements of that

21  subparagraph, and shall notify the Department of State if the

22  rule is required to be filed with the Department of State.

23         5.  After a rule has become effective, it may be

24  repealed or amended only through the rulemaking procedures

25  specified in this chapter.

26         (e)  Filing for final adoption; effective date.--

27         1.  If the adopting agency is required to publish its

28  rules in the Florida Administrative Code, it shall file with

29  the Department of State three certified copies of the rule it

30  proposes to adopt, a summary of the rule, a summary of any

31  hearings held on the rule, and a detailed written statement of


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 1  the facts and circumstances justifying the rule. Agencies not

 2  required to publish their rules in the Florida Administrative

 3  Code shall file one certified copy of the proposed rule, and

 4  the other material required by this subparagraph, in the

 5  office of the agency head, and such rules shall be open to the

 6  public.

 7         2.  A rule may not be filed for adoption less than 28

 8  days or more than 90 days after the notice required by

 9  paragraph (a), until 21 days after the notice of change

10  required by paragraph (d), until 14 days after the final

11  public hearing, until 21 days after preparation of a statement

12  of estimated regulatory costs required under s. 120.541, or

13  until the administrative law judge has rendered a decision

14  under s. 120.56(2), whichever applies. Filings shall be made

15  no less than 28 days nor more than 90 days after the notice

16  required by paragraph (a). When a required notice of change is

17  published prior to the expiration of the time to file the rule

18  for adoption, the period during which a rule must be filed for

19  adoption is extended to 45 days after the date of publication.

20  If notice of a public hearing is published prior to the

21  expiration of the time to file the rule for adoption, the

22  period during which a rule must be filed for adoption is

23  extended to 45 days after adjournment of the final hearing on

24  the rule, 21 days after receipt of all material authorized to

25  be submitted at the hearing, or 21 days after receipt of the

26  transcript, if one is made, whichever is latest. The term

27  "public hearing" includes any public meeting held by any

28  agency at which the rule is considered. If a petition for an

29  administrative determination under s. 120.56(2) is filed, the

30  period during which a rule must be filed for adoption is

31  extended to 60 days after the administrative law judge files


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 1  the final order with the clerk or until 60 days after

 2  subsequent judicial review is complete. The filing of a

 3  petition for an administrative determination under the

 4  provisions of s. 120.56(2) shall toll the 90-day period during

 5  which a rule must be filed for adoption until the

 6  administrative law judge has filed the final order with the

 7  clerk.

 8         3.  At the time a rule is filed, the agency shall

 9  certify that the time limitations prescribed by this paragraph

10  have been complied with, that all statutory rulemaking

11  requirements have been met, and that there is no

12  administrative determination pending on the rule.

13         4.  At the time a rule is filed, the committee shall

14  certify whether the agency has responded in writing to all

15  material and timely written comments or written inquiries made

16  on behalf of the committee. The department shall reject any

17  rule not filed within the prescribed time limits; that does

18  not satisfy all statutory rulemaking requirements; upon which

19  an agency has not responded in writing to all material and

20  timely written inquiries or written comments; upon which an

21  administrative determination is pending; or which does not

22  include a statement of estimated regulatory costs, if

23  required.

24         5.  If a rule has not been adopted within the time

25  limits imposed by this paragraph or has not been adopted in

26  compliance with all statutory rulemaking requirements, the

27  agency proposing the rule shall withdraw the rule and give

28  notice of its action in the next available issue of the

29  Florida Administrative Weekly.

30         6.  The proposed rule shall be adopted on being filed

31  with the Department of State and become effective 20 days


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 1  after being filed, on a later date specified in the rule, or

 2  on a date required by statute. Rules not required to be filed

 3  with the Department of State shall become effective when

 4  adopted by the agency head or on a later date specified by

 5  rule or statute. If the committee notifies an agency that an

 6  objection to a rule is being considered, the agency may

 7  postpone the adoption of the rule to accommodate review of the

 8  rule by the committee.  When an agency postpones adoption of a

 9  rule to accommodate review by the committee, the 90-day period

10  for filing the rule is tolled until the committee notifies the

11  agency that it has completed its review of the rule.

12  

13  For the purposes of this paragraph, the term "administrative

14  determination" does not include subsequent judicial review.

15         (5)  UNIFORM RULES.--

16         (b)  The uniform rules of procedure adopted by the

17  commission pursuant to this subsection shall include, but are

18  not limited to:

19         1.  Uniform rules for the scheduling of public

20  meetings, hearings, and workshops.

21         2.  Uniform rules for use by each state agency that

22  provide procedures for conducting public meetings, hearings,

23  and workshops, and for taking evidence, testimony, and

24  argument at such public meetings, hearings, and workshops, in

25  person and by means of communications media technology. The

26  rules shall provide that all evidence, testimony, and argument

27  presented shall be afforded equal consideration, regardless of

28  the method of communication. If a public meeting, hearing, or

29  workshop is to be conducted by means of communications media

30  technology, or if attendance may be provided by such means,

31  the notice shall so state. The notice for public meetings,


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 1  hearings, and workshops utilizing communications media

 2  technology shall state how persons interested in attending may

 3  do so and shall name locations, if any, where communications

 4  media technology facilities will be available. Nothing in this

 5  paragraph shall be construed to diminish the right to inspect

 6  public records under chapter 119. Limiting points of access to

 7  public meetings, hearings, and workshops subject to the

 8  provisions of s. 286.011 to places not normally open to the

 9  public shall be presumed to violate the right of access of the

10  public, and any official action taken under such circumstances

11  is void and of no effect. Other laws relating to public

12  meetings, hearings, and workshops, including penal and

13  remedial provisions, shall apply to public meetings, hearings,

14  and workshops conducted by means of communications media

15  technology, and shall be liberally construed in their

16  application to such public meetings, hearings, and workshops.

17  As used in this subparagraph, "communications media

18  technology" means the electronic transmission of printed

19  matter, audio, full-motion video, freeze-frame video,

20  compressed video, and digital video by any method available.

21         3.  Uniform rules of procedure for the filing of notice

22  of protests and formal written protests. The Administration

23  Commission may prescribe the form and substantive provisions

24  of a required bond.

25         4.  Uniform rules of procedure for the filing of

26  petitions for administrative hearings pursuant to s. 120.569

27  or s. 120.57. Such rules shall require the petition to

28  include:

29         a.  The identification of the petitioner.

30         b.  A statement of when and how the petitioner received

31  notice of the agency's action or proposed action.


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 1         c.  An explanation of how the petitioner's substantial

 2  interests are or will be affected by the action or proposed

 3  action.

 4         d.  A statement of all material facts disputed by the

 5  petitioner or a statement that there are no disputed facts.

 6         e.  A statement of the ultimate facts alleged,

 7  including a statement of the specific facts the petitioner

 8  contends warrant reversal or modification of the agency's

 9  proposed action.

10         f.  A statement of the specific rules or statutes that

11  the petitioner contends require reversal or modification of

12  the agency's proposed action, including an explanation of how

13  the alleged facts relate to the specific rules or statutes.

14         g.  A statement of the relief sought by the petitioner,

15  stating precisely the action petitioner wishes the agency to

16  take with respect to the proposed action.

17         5.  Uniform rules for the filing of request for

18  administrative hearing by a respondent in agency enforcement

19  and disciplinary actions. Such rules shall require a request

20  to include:

21         a.  The name, address, and telephone number of the

22  party making the request and the name, address, and telephone

23  number of the party's counsel or qualified representative upon

24  whom service of pleadings and other papers shall be made;

25         b.  A statement that the respondent is requesting an

26  administrative hearing and disputes the material facts alleged

27  by the petitioner, in which case the respondent shall identify

28  those material facts that are in dispute, or that the

29  respondent is requesting an administrative hearing and does

30  not dispute the material facts alleged by the petitioner; and

31  


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 1         c.  A reference by file number to the administrative

 2  complaint that the party has received from the agency and the

 3  date on which the agency pleading was received.

 4  

 5  The agency may provide an election-of-rights form for the

 6  respondent's use in requesting a hearing, so long as any form

 7  provided by the agency calls for the information in

 8  sub-subparagraphs a. through c. and does not impose any

 9  additional requirements on a respondent in order to request a

10  hearing, unless such requirements are specifically authorized

11  by law.

12         6.5.  Uniform rules of procedure for the filing and

13  prompt disposition of petitions for declaratory statements.

14  The rules shall also describe the contents of the notices that

15  must be published in the Florida Administrative Weekly under

16  s. 120.565, including any applicable time limit for the filing

17  of petitions to intervene or petitions for administrative

18  hearing by persons whose substantial interests may be

19  affected.

20         7.6.  Provision of a method by which each agency head

21  shall provide a description of the agency's organization and

22  general course of its operations.

23         8.7.  Uniform rules establishing procedures for

24  granting or denying petitions for variances and waivers

25  pursuant to s. 120.542.

26         Section 4.  Effective December 31, 2007, section

27  120.55, Florida Statutes, is amended to read:

28         120.55  Publication.--

29         (1)  The Department of State shall:

30         (a)1.  Through a continuous revision system, compile

31  and publish the "Florida Administrative Code." The Florida


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 1  Administrative Code shall contain all rules adopted by each

 2  agency, citing the specific rulemaking authority pursuant to

 3  which each rule was adopted, all history notes as authorized

 4  in s. 120.545(9), and complete indexes to all rules contained

 5  in the code. Supplementation shall be made as often as

 6  practicable, but at least monthly.  The department may

 7  contract with a publishing firm for the publication, in a

 8  timely and useful form, of the Florida Administrative Code;

 9  however, the department shall retain responsibility for the

10  code as provided in this section.  This publication shall be

11  the official compilation of the administrative rules of this

12  state. The Department of State shall retain the copyright over

13  the Florida Administrative Code.

14         2.  Rules general in form but applicable to only one

15  school district, community college district, or county, or a

16  part thereof, or state university rules relating to internal

17  personnel or business and finance shall not be published in

18  the Florida Administrative Code. Exclusion from publication in

19  the Florida Administrative Code shall not affect the validity

20  or effectiveness of such rules.

21         3.  At the beginning of the section of the code dealing

22  with an agency that files copies of its rules with the

23  department, the department shall publish the address and

24  telephone number of the executive offices of each agency, the

25  manner by which the agency indexes its rules, a listing of all

26  rules of that agency excluded from publication in the code,

27  and a statement as to where those rules may be inspected.

28         4.  Forms shall not be published in the Florida

29  Administrative Code; but any form which an agency uses in its

30  dealings with the public, along with any accompanying

31  instructions, shall be filed with the committee before it is


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 1  used. Any form or instruction which meets the definition of

 2  "rule" provided in s. 120.52 shall be incorporated by

 3  reference into the appropriate rule.  The reference shall

 4  specifically state that the form is being incorporated by

 5  reference and shall include the number, title, and effective

 6  date of the form and an explanation of how the form may be

 7  obtained. Each form created by an agency which is incorporated

 8  by reference in a rule notice of which is given under s.

 9  120.54(3)(a) after December 31, 2007, must clearly display the

10  number, title, and effective date of the form and the number

11  of the rule in which the form is incorporated.

12         (b)  Electronically publish on an Internet website

13  managed by the department a weekly publication entitled the

14  "Florida Administrative Weekly," which shall serve as the

15  official Internet website for such publication and must

16  contain:

17         1.  Notice of adoption of, and an index to, all rules

18  filed during the preceding week.

19         2.  All notices required by s. 120.54(3)(a), showing

20  the text of all rules proposed for consideration or a

21  reference to the location in the Florida Administrative Weekly

22  where the text of the proposed rules is published.

23         3.  All notices of public meetings, hearings, and

24  workshops conducted in accordance with the provisions of s.

25  120.525, including a statement of the manner in which a copy

26  of the agenda may be obtained.

27         4.  A notice of each request for authorization to amend

28  or repeal an existing uniform rule or for the adoption of new

29  uniform rules.

30         5.  Notice of petitions for declaratory statements or

31  administrative determinations.


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 1         6.  A summary of each objection to any rule filed by

 2  the Administrative Procedures Committee during the preceding

 3  week.

 4         7.  A cumulative list of all rules that have been

 5  proposed but not filed for adoption.

 6         8.7.  Any other material required or authorized by law

 7  or deemed useful by the department.

 8  

 9  The department shall publish a printed version of the Florida

10  Administrative Weekly and make copies available on an annual

11  subscription basis. The department may contract with a

12  publishing firm for printed publication of the Florida

13  Administrative Weekly.

14         (c)  Review notices for compliance with format and

15  numbering requirements before publishing them on the Florida

16  Administrative Weekly Internet website.

17         (d)(c)  Prescribe by rule the style and form required

18  for rules submitted for filing and establish the form for

19  their certification.

20         (e)(d)  Correct grammatical, typographical, and like

21  errors not affecting the construction or meaning of the rules,

22  after having obtained the advice and consent of the

23  appropriate agency, and insert history notes.

24         (e)  Make copies of the Florida Administrative Weekly

25  available on an annual subscription basis computed to cover a

26  pro rata share of 50 percent of the costs related to the

27  publication of the Florida Administrative Weekly.

28         (f)  Charge each agency using the Florida

29  Administrative Weekly a space rate computed to cover a pro

30  rata share of 50 percent of the costs related to the Florida

31  Administrative Weekly and the Florida Administrative Code.


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 1         (g)  Maintain a permanent record of all notices

 2  published in the Florida Administrative Weekly.

 3         (2)  The Florida Administrative Weekly Internet website

 4  must allow users to:

 5         (a)  Search for notices by type, publication date, rule

 6  number, word, subject, and agency;

 7         (b)  Search a database that makes available all notices

 8  published on the website for a period of at least 5 years;

 9         (c)  Subscribe to an automated e-mail notification of

10  selected notices;

11         (d)  View agency forms incorporated by reference in

12  proposed rules; and

13         (e)  Comment on proposed rules.

14         (3)  Publication of material required by paragraph

15  (1)(b) on the Florida Administrative Weekly Internet website

16  does not preclude publication of such material on an agency's

17  website or by other means.

18         (4)(2)  Each agency shall provide copies of its rules

19  upon request, with citations to the grant of rulemaking

20  authority and the specific law implemented for each rule print

21  or distribute copies of its rules, citing the specific

22  rulemaking authority pursuant to which each rule was adopted.

23         (5)(3)  Any publication of a proposed rule promulgated

24  by an agency, whether published in the Florida Administrative

25  Code or elsewhere, shall include, along with the rule, the

26  name of the person or persons originating such rule, the name

27  of the supervisor or person who approved the rule, and the

28  date upon which the rule was approved.

29         (6)  Access to the Florida Administrative Weekly

30  Internet website and its contents, including the e-mail

31  notification service, shall be free for the public.


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 1         (7)(a)(4)(a)  Each year the Department of State shall

 2  furnish the Florida Administrative Weekly, without charge and

 3  upon request, as follows:

 4         1.  One subscription to each federal and state court

 5  having jurisdiction over the residents of the state; the

 6  Legislative Library; each state university library; the State

 7  Library; each depository library designated pursuant to s.

 8  257.05; and each standing committee of the Senate and House of

 9  Representatives and each state legislator.

10         2.  Two subscriptions to each state department.

11         3.  Three subscriptions to the library of the Supreme

12  Court of Florida, the library of each state district court of

13  appeal, the division, the library of the Attorney General,

14  each law school library in Florida, the Secretary of the

15  Senate, and the Clerk of the House of Representatives.

16         4.  Ten subscriptions to the committee.

17         (b)  The Department of State shall furnish one copy of

18  the Florida Administrative Weekly, at no cost, to each clerk

19  of the circuit court and each state department, for posting

20  for public inspection.

21         (8)(a)(5)(a)  All fees and moneys collected by the

22  Department of State under this chapter shall be deposited in

23  the Records Management Trust Fund for the purpose of paying

24  for the publication and distribution of the Florida

25  Administrative Code and the Florida Administrative Weekly and

26  for associated costs incurred by the department in carrying

27  out this chapter.

28         (b)  The unencumbered balance in the Records Management

29  Trust Fund for fees collected pursuant to this chapter may

30  shall not exceed $300,000 at the beginning of each fiscal

31  


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 1  year, and any excess shall be transferred to the General

 2  Revenue Fund.

 3         (c)  It is the intent of the Legislature that the

 4  Florida Administrative Weekly be supported entirely from funds

 5  collected for subscriptions to and advertisements in the

 6  Florida Administrative Weekly.

 7         Section 5.  Paragraph (b) of subsection (2) of section

 8  120.56, Florida Statutes, is amended to read:

 9         120.56  Challenges to rules.--

10         (2)  CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.--

11         (b)  The administrative law judge may declare the

12  proposed rule wholly or partly invalid. Unless the decision of

13  the administrative law judge is reversed on appeal, the

14  proposed rule or provision of a proposed rule declared invalid

15  shall be withdrawn by the adopting agency and shall not be

16  adopted. No rule shall be filed for adoption until 28 days

17  after the notice required by s. 120.54(3)(a), until 21 days

18  after the notice required by s. 120.54(3)(d), until 14 days

19  after the public hearing, until 21 days after preparation of a

20  statement of estimated regulatory costs required pursuant to

21  s. 120.541, or until the administrative law judge has rendered

22  a decision, whichever applies. However, the agency may proceed

23  with all other steps in the rulemaking process, including the

24  holding of a factfinding hearing. In the event part of a

25  proposed rule is declared invalid, the adopting agency may, in

26  its sole discretion, withdraw the proposed rule in its

27  entirety. The agency whose proposed rule has been declared

28  invalid in whole or part shall give notice of the decision in

29  the first available issue of the Florida Administrative

30  Weekly.

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    CS for CS for SB 262                           First Engrossed



 1         Section 6.  Paragraph (c) of subsection (2) of section

 2  120.569, Florida Statutes, is amended to read:

 3         120.569  Decisions which affect substantial

 4  interests.--

 5         (2)

 6         (c)  Unless otherwise provided by law, a petition or

 7  request for hearing shall include those items required by the

 8  uniform rules adopted pursuant to s. 120.54(5)(b)4.  Upon the

 9  receipt of a petition or request for hearing, the agency shall

10  carefully review the petition to determine if it contains all

11  of the required information.  A petition shall be dismissed if

12  it is not in substantial compliance with these requirements or

13  it has been untimely filed.  Dismissal of a petition shall, at

14  least once, be without prejudice to petitioner's filing a

15  timely amended petition curing the defect, unless it

16  conclusively appears from the face of the petition that the

17  defect cannot be cured.  The agency shall promptly give

18  written notice to all parties of the action taken on the

19  petition, shall state with particularity its reasons if the

20  petition is not granted, and shall state the deadline for

21  filing an amended petition if applicable. This paragraph does

22  not eliminate the availability of equitable tolling as a

23  defense to the untimely filing of a petition.

24         Section 7.  Paragraphs (k) and (m) of subsection (1)

25  and paragraph (a) of subsection (3) of section 120.57, Florida

26  Statutes, are amended to read:

27         120.57  Additional procedures for particular cases.--

28         (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS

29  INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--

30         (k)  The presiding officer shall complete and submit to

31  the agency and all parties a recommended order consisting of


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    CS for CS for SB 262                           First Engrossed



 1  findings of fact, conclusions of law, and recommended

 2  disposition or penalty, if applicable, and any other

 3  information required by law to be contained in the final

 4  order. All proceedings conducted under pursuant to this

 5  subsection shall be de novo. The agency shall allow each party

 6  15 days in which to submit written exceptions to the

 7  recommended order. The final order shall include an explicit

 8  ruling on each exception, but an agency need not rule on an

 9  exception that does not clearly identify the disputed portion

10  of the recommended order by page number or paragraph, that

11  does not identify the legal basis for the exception, or that

12  does not include appropriate and specific citations to the

13  record.

14         (m)  If a recommended order is submitted to an agency,

15  the agency shall provide a copy of its final order and any

16  exceptions to the division within 15 days after the order is

17  filed with the agency clerk.

18         (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO

19  CONTRACT SOLICITATION OR AWARD.--Agencies subject to this

20  chapter shall use the uniform rules of procedure, which

21  provide procedures for the resolution of protests arising from

22  the contract solicitation or award process. Such rules shall

23  at least provide that:

24         (a)  The agency shall provide notice of a decision or

25  intended decision concerning a solicitation, contract award,

26  or exceptional purchase by electronic posting. This notice

27  shall contain the following statement: "Failure to file a

28  protest within the time prescribed in section 120.57(3),

29  Florida Statutes, or failure to post the bond or other

30  security required by law within the time allowed for filing a

31  


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    CS for CS for SB 262                           First Engrossed



 1  bond shall constitute a waiver of proceedings under chapter

 2  120, Florida Statutes."

 3         Section 8.  Paragraphs (c) and (d) are added to

 4  subsection (10) of section 120.65, Florida Statutes, to read:

 5         120.65  Administrative law judges.--

 6         (10)  Not later than February 1 of each year, the

 7  division shall issue a written report to the Administrative

 8  Procedures Committee and the Administration Commission,

 9  including at least the following information:

10         (c)  Recommendations as to those types of cases or

11  disputes which should be conducted under the summary hearing

12  process described in s. 120.574.

13         (d)  A report regarding each agency's compliance with

14  the filing requirement in s. 120.57(1)(m).

15         Section 9.  Subsection (2) of section 120.74, Florida

16  Statutes, is amended to read:

17         120.74  Agency review, revision, and report.--

18         (2)  Beginning October 1, 1997, and by October 1 of

19  every other year thereafter, the head of each agency shall

20  file a report with the President of the Senate, and the

21  Speaker of the House of Representatives, and the committee,

22  with a copy to each appropriate standing committee of the

23  Legislature, which certifies that the agency has complied with

24  the requirements of this subsection. The report must specify

25  any changes made to its rules as a result of the review and,

26  when appropriate, recommend statutory changes that will

27  promote efficiency, reduce paperwork, or decrease costs to

28  government and the private sector. The report must identify

29  the types of cases or disputes in which the agency is involved

30  which should be conducted under the summary hearing process

31  described in s. 120.574.


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 1         Section 10.  The Department of State shall, before

 2  December 31, 2007, make available, to all agencies required on

 3  the effective date of this act to publish materials in the

 4  Florida Administrative Weekly, training courses for the

 5  purpose of assisting the agencies with their transition to

 6  publishing on the Florida Administrative Weekly Internet

 7  website. The training courses may be provided in the form of

 8  workshops or software packages that allow self-training by

 9  agency personnel.

10         Section 11.  Except as otherwise expressly provided in

11  this act, this act shall take effect July 1, 2006.

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