HB 7081

1	A bill to be entitled
2	An act relating to administrative procedures; amending s.
3	11.60, F.S.; revising duties of the Administrative
4	Procedures Committee with respect to its review of
5	statutes; amending s. 57.111, F.S.; redefining the term
6	"small business party" to include certain individuals
7	whose net worth does not exceed a specified amount;
8	amending s. 120.54, F.S.; requiring an agency to file a
9	notice of rule change with the Administrative Procedures
10	Committee; revising times for filing rules for adoption;
11	providing an exception to the term "administrative
12	determination" for purposes of rule adoption; providing
13	for the form and provisions of bonds; providing an
14	additional type of uniform rules of procedure to be
15	adopted by the commission; providing requirements with
16	respect to the contents thereof; providing an additional
17	requirement with respect to specified uniform rules of
18	procedure; amending s. 120.55, F.S.; requiring that
19	certain information be included in forms incorporated by
20	reference in rules; requiring the Florida Administrative
21	Weekly to be published electronically on an Internet
22	website; providing additional duties of the Department of
23	State with respect to publication of notices; providing
24	requirements for the Florida Administrative Weekly
25	Internet website; providing that publication of specified
26	material on the website does not preclude other
27	publication; amending s. 120.551, F.S.; postponing the
28	repeal of provisions relating to Internet publication of
29	specified notices; amending s. 120.56, F.S.; revising
30	provisions relating to challenged proposed rules that are
31	declared invalid; amending s. 120.569, F.S.; prescribing
32	circumstances under which the time for filing a petition
33	for hearing must be extended; amending s. 120.57, F.S.;
34	requiring a final order to include an explicit ruling on
35	each exception to the recommended order; requiring that
36	additional information be included in notices relating to
37	protests of contract solicitations or awards; amending s.
38	120.65, F.S.; requiring the Division of Administrative
39	Hearings to include certain recommendations and
40	information in its annual report to the Administrative
41	Procedures Committee and the Administration Commission;
42	amending s. 120.74, F.S.; requiring agency reports to be
43	filed with the Administrative Procedures Committee;
44	requiring that the annual report filed by an agency
45	identify the types of cases or disputes in which it is
46	involved which should be conducted under the summary
47	hearing process; requiring the Department of State to
48	provide certain assistance to agencies in their transition
49	to publishing on the Florida Administrative Weekly
50	Internet website; providing effective dates.
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1.  Subsection (4) of section 11.60, Florida
55	Statutes, is amended to read:
56	11.60  Administrative Procedures Committee; creation;
57	membership; powers; duties.--
58	(4)  The committee shall undertake and maintain a
59	systematic and continuous review of statutes that authorize
60	agencies to adopt rules and shall make recommendations to the
61	appropriate standing committees of the Senate and the House of
62	Representatives as to the advisability of considering changes to
63	the delegated legislative authority to adopt rules in specific
64	circumstances. The annual report submitted pursuant to paragraph
65	(2)(f) shall include a schedule for the required systematic
66	review of existing statutes, a summary of the status of this
67	review, and any recommendations provided to the standing
68	committees during the preceding year.
69	Section 2.  Paragraph (d) of subsection (3) of section
70	57.111, Florida Statutes, is amended to read:
71	57.111  Civil actions and administrative proceedings
72	initiated by state agencies; attorneys' fees and costs.--
73	(3)  As used in this section:
74	(d)  The term "small business party" means:
75	1.a.  A sole proprietor of an unincorporated business,
76	including a professional practice, whose principal office is in
77	this state, who is domiciled in this state, and whose business
78	or professional practice has, at the time the action is
79	initiated by a state agency, not more than 25 full-time
80	employees or a net worth of not more than $2 million, including
81	both personal and business investments; or
82	b.  A partnership or corporation, including a professional
83	practice, which has its principal office in this state and has
84	at the time the action is initiated by a state agency not more
85	than 25 full-time employees or a net worth of not more than $2
86	million; or
87	c.  An individual whose net worth did not exceed $2 million
88	at the time the action is initiated by a state agency when the
89	action is brought against that individual's license to engage in
90	the practice or operation of a business, profession, or trade;
91	or
92	2.  Any Either small business party as defined in
93	subparagraph 1., without regard to the number of its employees
94	or its net worth, in any action under s. 72.011 or in any
95	administrative proceeding under that section to contest the
96	legality of any assessment of tax imposed for the sale or use of
97	services as provided in chapter 212, or interest thereon, or
98	penalty therefor.
99	Section 3.  Paragraphs (d) and (e) of subsection (3) and
100	paragraph (b) of subsection (5) of section 120.54, Florida
101	Statutes, are amended to read:
102	120.54  Rulemaking.--
103	(3)  ADOPTION PROCEDURES.--
104	(d)  Modification or withdrawal of proposed rules.--
105	1.  After the final public hearing on the proposed rule, or
106	after the time for requesting a hearing has expired, if the rule
107	has not been changed from the rule as previously filed with the
108	committee, or contains only technical changes, the adopting
109	agency shall file a notice to that effect with the committee at
110	least 7 days prior to filing the rule for adoption.  Any change,
111	other than a technical change that does not affect the substance
112	of the rule, must be supported by the record of public hearings
113	held on the rule, must be in response to written material
114	received on or before the date of the final public hearing, or
115	must be in response to a proposed objection by the committee. In
116	addition, when any change is made in a proposed rule, other than
117	a technical change, the adopting agency shall provide a copy of
118	a notice of change by certified mail or actual delivery to any
119	person who requests it in writing no later than 21 days after
120	the notice required in paragraph (a). The agency shall file the
121	notice of change with the committee, along with the reasons for
122	the such change, and provide the notice of change to persons
123	requesting it, at least 21 days prior to filing the rule for
124	adoption. The notice of change shall be published in the Florida
125	Administrative Weekly at least 21 days prior to filing the rule
126	for adoption. This subparagraph does not apply to emergency
127	rules adopted pursuant to subsection (4).
128	2.  After the notice required by paragraph (a) and prior to
129	adoption, the agency may withdraw the rule in whole or in part.
130	3.  After adoption and before the effective date, a rule
131	may be modified or withdrawn only in response to an objection by
132	the committee or may be modified to extend the effective date by
133	not more than 60 days when the committee has notified the agency
134	that an objection to the rule is being considered.
135	4.  The agency shall give notice of its decision to
136	withdraw or modify a rule in the first available issue of the
137	publication in which the original notice of rulemaking was
138	published, shall notify those persons described in subparagraph
139	(a)3. in accordance with the requirements of that subparagraph,
140	and shall notify the Department of State if the rule is required
141	to be filed with the Department of State.
142	5.  After a rule has become effective, it may be repealed
143	or amended only through the rulemaking procedures specified in
144	this chapter.
145	(e)  Filing for final adoption; effective date.--
146	1.  If the adopting agency is required to publish its rules
147	in the Florida Administrative Code, it shall file with the
148	Department of State three certified copies of the rule it
149	proposes to adopt, a summary of the rule, a summary of any
150	hearings held on the rule, and a detailed written statement of
151	the facts and circumstances justifying the rule. Agencies not
152	required to publish their rules in the Florida Administrative
153	Code shall file one certified copy of the proposed rule, and the
154	other material required by this subparagraph, in the office of
155	the agency head, and such rules shall be open to the public.
156	2.  A rule may not be filed for adoption less than 28 days
157	or more than 90 days after the notice required by paragraph (a),
158	until 21 days after the notice of change required by paragraph
159	(d), until 14 days after the final public hearing, until 21 days
160	after preparation of a statement of estimated regulatory costs
161	required under s. 120.541, or until the administrative law judge
162	has rendered a decision under s. 120.56(2), whichever applies.
163	Filings shall be made no less than 28 days nor more than 90 days
164	after the notice required by paragraph (a). When a required
165	notice of change is published prior to the expiration of the
166	time to file the rule for adoption, the period during which a
167	rule must be filed for adoption is extended to 45 days after the
168	date of publication. If notice of a public hearing is published
169	prior to the expiration of the time to file the rule for
170	adoption, the period during which a rule must be filed for
171	adoption is extended to 45 days after adjournment of the final
172	hearing on the rule, 21 days after receipt of all material
173	authorized to be submitted at the hearing, or 21 days after
174	receipt of the transcript, if one is made, whichever is latest.
175	The term "public hearing" includes any public meeting held by
176	any agency at which the rule is considered. If a petition for an
177	administrative determination under s. 120.56(2) is filed, the
178	period during which a rule must be filed for adoption is
179	extended to 60 days after the administrative law judge files the
180	final order with the clerk or until 60 days after subsequent
181	judicial review is complete. The filing of a petition for an
182	administrative determination under the provisions of s.
183	120.56(2) shall toll the 90-day period during which a rule must
184	be filed for adoption until the administrative law judge has
185	filed the final order with the clerk.
186	3.  At the time a rule is filed, the agency shall certify
187	that the time limitations prescribed by this paragraph have been
188	complied with, that all statutory rulemaking requirements have
189	been met, and that there is no administrative determination
190	pending on the rule.
191	4.  At the time a rule is filed, the committee shall
192	certify whether the agency has responded in writing to all
193	material and timely written comments or written inquiries made
194	on behalf of the committee. The department shall reject any rule
195	not filed within the prescribed time limits; that does not
196	satisfy all statutory rulemaking requirements; upon which an
197	agency has not responded in writing to all material and timely
198	written inquiries or written comments; upon which an
199	administrative determination is pending; or which does not
200	include a statement of estimated regulatory costs, if required.
201	5.  If a rule has not been adopted within the time limits
202	imposed by this paragraph or has not been adopted in compliance
203	with all statutory rulemaking requirements, the agency proposing
204	the rule shall withdraw the rule and give notice of its action
205	in the next available issue of the Florida Administrative
206	Weekly.
207	6.  The proposed rule shall be adopted on being filed with
208	the Department of State and become effective 20 days after being
209	filed, on a later date specified in the rule, or on a date
210	required by statute. Rules not required to be filed with the
211	Department of State shall become effective when adopted by the
212	agency head or on a later date specified by rule or statute. If
213	the committee notifies an agency that an objection to a rule is
214	being considered, the agency may postpone the adoption of the
215	rule to accommodate review of the rule by the committee.  When
216	an agency postpones adoption of a rule to accommodate review by
217	the committee, the 90-day period for filing the rule is tolled
218	until the committee notifies the agency that it has completed
219	its review of the rule.
220
221	For the purposes of this paragraph, the term "administrative
222	determination" does not include subsequent judicial review.
223	(5)  UNIFORM RULES.--
224	(b)  The uniform rules of procedure adopted by the
225	commission pursuant to this subsection shall include, but are
226	not limited to:
227	1.  Uniform rules for the scheduling of public meetings,
228	hearings, and workshops.
229	2.  Uniform rules for use by each state agency that provide
230	procedures for conducting public meetings, hearings, and
231	workshops, and for taking evidence, testimony, and argument at
232	such public meetings, hearings, and workshops, in person and by
233	means of communications media technology. The rules shall
234	provide that all evidence, testimony, and argument presented
235	shall be afforded equal consideration, regardless of the method
236	of communication. If a public meeting, hearing, or workshop is
237	to be conducted by means of communications media technology, or
238	if attendance may be provided by such means, the notice shall so
239	state. The notice for public meetings, hearings, and workshops
240	utilizing communications media technology shall state how
241	persons interested in attending may do so and shall name
242	locations, if any, where communications media technology
243	facilities will be available. Nothing in this paragraph shall be
244	construed to diminish the right to inspect public records under
245	chapter 119. Limiting points of access to public meetings,
246	hearings, and workshops subject to the provisions of s. 286.011
247	to places not normally open to the public shall be presumed to
248	violate the right of access of the public, and any official
249	action taken under such circumstances is void and of no effect.
250	Other laws relating to public meetings, hearings, and workshops,
251	including penal and remedial provisions, shall apply to public
252	meetings, hearings, and workshops conducted by means of
253	communications media technology, and shall be liberally
254	construed in their application to such public meetings,
255	hearings, and workshops.  As used in this subparagraph,
256	"communications media technology" means the electronic
257	transmission of printed matter, audio, full-motion video,
258	freeze-frame video, compressed video, and digital video by any
259	method available.
260	3.  Uniform rules of procedure for the filing of notice of
261	protests and formal written protests. The Administration
262	Commission may prescribe the form and substantive provisions of
263	a required bond.
264	4.  Uniform rules of procedure for the filing of petitions
265	for administrative hearings pursuant to s. 120.569 or s. 120.57.
266	Such rules shall require the petition to include:
267	a.  The identification of the petitioner.
268	b.  A statement of when and how the petitioner received
269	notice of the agency's action or proposed action.
270	c.  An explanation of how the petitioner's substantial
271	interests are or will be affected by the action or proposed
272	action.
273	d.  A statement of all material facts disputed by the
274	petitioner or a statement that there are no disputed facts.
275	e.  A statement of the ultimate facts alleged, including a
276	statement of the specific facts the petitioner contends warrant
277	reversal or modification of the agency's proposed action.
278	f.  A statement of the specific rules or statutes that the
279	petitioner contends require reversal or modification of the
280	agency's proposed action, including an explanation of how the
281	alleged facts relate to the specific rules or statutes.
282	g.  A statement of the relief sought by the petitioner,
283	stating precisely the action the petitioner wishes the agency to
284	take with respect to the proposed action.
285	5.  Uniform rules for the filing of a request for
286	administrative hearing by a respondent in agency enforcement and
287	disciplinary actions. Such rules shall require a request to
288	include:
289	a.  The name, address, and telephone number of the party
290	making the request and the name, address, and telephone number
291	of the party's counsel or qualified representative upon whom
292	service of pleadings and other papers shall be made.
293	b.  A statement that the respondent is requesting an
294	administrative hearing and disputes the material facts alleged
295	by the petitioner, in which case the respondent shall identify
296	those material facts that are in dispute, or that the respondent
297	is requesting an administrative hearing and does not dispute the
298	material facts alleged by the petitioner.
299	c.  A reference by file number to the administrative
300	complaint that the party has received from the agency and the
301	date on which the agency pleading was received.
302
303	The agency may provide an election-of-rights form for the
304	respondent's use in requesting a hearing, so long as any form
305	provided by the agency calls for the information in sub-
306	subparagraphs a.-c. and does not impose any additional
307	requirements on a respondent in order to request a hearing,
308	unless such requirements are specifically authorized by law.
309	6.5.  Uniform rules of procedure for the filing and prompt
310	disposition of petitions for declaratory statements. The rules
311	shall also describe the contents of the notices that must be
312	published in the Florida Administrative Weekly under s. 120.565,
313	including any applicable time limit for the filing of petitions
314	to intervene or petitions for administrative hearing by persons
315	whose substantial interests may be affected.
316	7.6.  Provision of a method by which each agency head shall
317	provide a description of the agency's organization and general
318	course of its operations.
319	8.7.  Uniform rules establishing procedures for granting or
320	denying petitions for variances and waivers pursuant to s.
321	120.542.
322	Section 4.  Effective December 31, 2007, section 120.55,
323	Florida Statutes, is amended to read:
324	120.55  Publication.--
325	(1)  The Department of State shall:
326	(a)1.  Through a continuous revision system, compile and
327	publish the "Florida Administrative Code." The Florida
328	Administrative Code shall contain all rules adopted by each
329	agency, citing the specific rulemaking authority pursuant to
330	which each rule was adopted, all history notes as authorized in
331	s. 120.545(9), and complete indexes to all rules contained in
332	the code. Supplementation shall be made as often as practicable,
333	but at least monthly.  The department may contract with a
334	publishing firm for the publication, in a timely and useful
335	form, of the Florida Administrative Code; however, the
336	department shall retain responsibility for the code as provided
337	in this section.  This publication shall be the official
338	compilation of the administrative rules of this state. The
339	Department of State shall retain the copyright over the Florida
340	Administrative Code.
341	2.  Rules general in form but applicable to only one school
342	district, community college district, or county, or a part
343	thereof, or state university rules relating to internal
344	personnel or business and finance shall not be published in the
345	Florida Administrative Code. Exclusion from publication in the
346	Florida Administrative Code shall not affect the validity or
347	effectiveness of such rules.
348	3.  At the beginning of the section of the code dealing
349	with an agency that files copies of its rules with the
350	department, the department shall publish the address and
351	telephone number of the executive offices of each agency, the
352	manner by which the agency indexes its rules, a listing of all
353	rules of that agency excluded from publication in the code, and
354	a statement as to where those rules may be inspected.
355	4.  Forms shall not be published in the Florida
356	Administrative Code; but any form which an agency uses in its
357	dealings with the public, along with any accompanying
358	instructions, shall be filed with the committee before it is
359	used. Any form or instruction which meets the definition of
360	"rule" provided in s. 120.52 shall be incorporated by reference
361	into the appropriate rule.  The reference shall specifically
362	state that the form is being incorporated by reference and shall
363	include the number, title, and effective date of the form and an
364	explanation of how the form may be obtained. Each form created
365	by an agency which is incorporated by reference in a rule notice
366	of which is given under s. 120.54(3)(a) after December 31, 2007,
367	must clearly display the number, title, and effective date of
368	the form and the number of the rule in which the form is
369	incorporated.
370	(b)  Electronically publish on an Internet website managed
371	by the department publish a weekly publication entitled the
372	"Florida Administrative Weekly," which shall serve as the
373	official Internet website for such publication and must contain:
374	1.  Notice of adoption of, and an index to, all rules filed
375	during the preceding week.
376	2.  All notices required by s. 120.54(3)(a), showing the
377	text of all rules proposed for consideration or a reference to
378	the location in the Florida Administrative Weekly where the text
379	of the proposed rules is published.
380	3.  All notices of public meetings, hearings, and workshops
381	conducted in accordance with the provisions of s. 120.525,
382	including a statement of the manner in which a copy of the
383	agenda may be obtained.
384	4.  A notice of each request for authorization to amend or
385	repeal an existing uniform rule or for the adoption of new
386	uniform rules.
387	5.  Notice of petitions for declaratory statements or
388	administrative determinations.
389	6.  A summary of each objection to any rule filed by the
390	Administrative Procedures Committee during the preceding week.
391	7.  A cumulative list of all rules that have been proposed
392	but not filed for adoption.
393	8.7.  Any other material required or authorized by law or
394	deemed useful by the department.
395
396	The department shall publish a printed version of the Florida
397	Administrative Weekly and make copies available on an annual
398	subscription basis. The department may contract with a
399	publishing firm for printed publication of the Florida
400	Administrative Weekly.
401	(c)  Review notices for compliance with format and
402	numbering requirements before publishing them on the Florida
403	Administrative Weekly Internet website.
404	(d)(c)  Prescribe by rule the style and form required for
405	rules submitted for filing and establish the form for their
406	certification.
407	(e)(d)  Correct grammatical, typographical, and like errors
408	not affecting the construction or meaning of the rules, after
409	having obtained the advice and consent of the appropriate
410	agency, and insert history notes.
411	(e)  Make copies of the Florida Administrative Weekly
412	available on an annual subscription basis computed to cover a
413	pro rata share of 50 percent of the costs related to the
414	publication of the Florida Administrative Weekly.
415	(f)  Charge each agency using the Florida Administrative
416	Weekly a space rate computed to cover a pro rata share of 50
417	percent of the costs related to the Florida Administrative
418	Weekly and the Florida Administrative Code.
419	(g)  Maintain a permanent record of all notices published
420	in the Florida Administrative Weekly.
421	(2)  The Florida Administrative Weekly Internet website
422	must allow users to:
423	(a)  Search for notices by type, publication date, rule
424	number, word, subject, and agency.
425	(b)  Search a database that makes available all notices
426	published on the website for a period of at least 5 years.
427	(c)  Subscribe to an automated e-mail notification of
428	selected notices.
429	(d)  View agency forms incorporated by reference in
430	proposed rules.
431	(e)  Comment on proposed rules.
432	(3)  Publication of material required by paragraph (1)(b)
433	on the Florida Administrative Weekly Internet website does not
434	preclude publication of such material on an agency's website or
435	by other means.
436	(4)(2)  Each agency shall provide copies of its rules upon
437	request, with citations to the grant of rulemaking authority and
438	the specific law implemented for each rule print or distribute
439	copies of its rules, citing the specific rulemaking authority
440	pursuant to which each rule was adopted.
441	(5)(3)  Any publication of a proposed rule promulgated by
442	an agency, whether published in the Florida Administrative Code
443	or elsewhere, shall include, along with the rule, the name of
444	the person or persons originating such rule, the name of the
445	supervisor or person who approved the rule, and the date upon
446	which the rule was approved.
447	(6)  Access to the Florida Administrative Weekly Internet
448	website and its contents, including the e-mail notification
449	service, shall be free for the public.
450	(7)(a)(4)(a)  Each year the Department of State shall
451	furnish the Florida Administrative Weekly, without charge and
452	upon request, as follows:
453	1.  One subscription to each federal and state court having
454	jurisdiction over the residents of the state; the Legislative
455	Library; each state university library; the State Library; each
456	depository library designated pursuant to s. 257.05; and each
457	standing committee of the Senate and House of Representatives
458	and each state legislator.
459	2.  Two subscriptions to each state department.
460	3.  Three subscriptions to the library of the Supreme Court
461	of Florida, the library of each state district court of appeal,
462	the division, the library of the Attorney General, each law
463	school library in Florida, the Secretary of the Senate, and the
464	Clerk of the House of Representatives.
465	4.  Ten subscriptions to the committee.
466	(b)  The Department of State shall furnish one copy of the
467	Florida Administrative Weekly, at no cost, to each clerk of the
468	circuit court and each state department, for posting for public
469	inspection.
470	(8)(a)(5)(a)  All fees and moneys collected by the
471	Department of State under this chapter shall be deposited in the
472	Records Management Trust Fund for the purpose of paying for the
473	publication and distribution of the Florida Administrative Code
474	and the Florida Administrative Weekly and for associated costs
475	incurred by the department in carrying out this chapter.
476	(b)  The unencumbered balance in the Records Management
477	Trust Fund for fees collected pursuant to this chapter may shall
478	not exceed $300,000 at the beginning of each fiscal year, and
479	any excess shall be transferred to the General Revenue Fund.
480	(c)  It is the intent of the Legislature that the Florida
481	Administrative Weekly be supported entirely from funds collected
482	for subscriptions to and advertisements in the Florida
483	Administrative Weekly.
484	Section 5.  Subsection (3) of section 120.551, Florida
485	Statutes, is amended to read:
486	120.551  Internet publication.--
487	(3)  This section is repealed effective December 31, 2007
488	July 1, 2006, unless reviewed and reenacted by the Legislature
489	before that date.
490	Section 6.  Paragraph (b) of subsection (2) of section
491	120.56, Florida Statutes, is amended to read:
492	120.56  Challenges to rules.--
493	(2)  CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.--
494	(b)  The administrative law judge may declare the proposed
495	rule wholly or partly invalid. Unless the decision of the
496	administrative law judge is reversed on appeal, the proposed
497	rule or provision of a proposed rule declared invalid shall be
498	withdrawn by the adopting agency and shall not be adopted. No
499	rule shall be filed for adoption until 28 days after the notice
500	required by s. 120.54(3)(a), until 21 days after the notice
501	required by s. 120.54(3)(d), until 14 days after the public
502	hearing, until 21 days after preparation of a statement of
503	estimated regulatory costs required pursuant to s. 120.541, or
504	until the administrative law judge has rendered a decision,
505	whichever applies. However, the agency may proceed with all
506	other steps in the rulemaking process, including the holding of
507	a factfinding hearing. In the event part of a proposed rule is
508	declared invalid, the adopting agency may, in its sole
509	discretion, withdraw the proposed rule in its entirety. The
510	agency whose proposed rule has been declared invalid in whole or
511	part shall give notice of the decision in the first available
512	issue of the Florida Administrative Weekly.
513	Section 7.  Paragraph (c) of subsection (2) of section
514	120.569, Florida Statutes, is amended to read:
515	120.569  Decisions which affect substantial interests.--
516	(2)
517	(c)  Unless otherwise provided by law, a petition or
518	request for hearing shall include those items required by the
519	uniform rules adopted pursuant to s. 120.54(5)(b)4.  Upon the
520	receipt of a petition or request for hearing, the agency shall
521	carefully review the petition to determine if it contains all of
522	the required information.  A petition shall be dismissed if it
523	is not in substantial compliance with these requirements or it
524	has been untimely filed.  Dismissal of a petition shall, at
525	least once, be without prejudice to petitioner's filing a timely
526	amended petition curing the defect, unless it conclusively
527	appears from the face of the petition that the defect cannot be
528	cured.  The agency shall promptly give written notice to all
529	parties of the action taken on the petition, shall state with
530	particularity its reasons if the petition is not granted, and
531	shall state the deadline for filing an amended petition if
532	applicable. The time for filing a petition shall be extended for
533	an appropriate time if the petitioner demonstrates that the
534	petitioner has been misled or guided into inaction by the agency
535	or has in some extraordinary way been prevented from asserting
536	his or her rights by the agency.
537	Section 8.  Paragraphs (k) and (m) of subsection (1) and
538	paragraph (a) of subsection (3) of section 120.57, Florida
539	Statutes, are amended to read:
540	120.57  Additional procedures for particular cases.--
541	(1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING
542	DISPUTED ISSUES OF MATERIAL FACT.--
543	(k)  The presiding officer shall complete and submit to the
544	agency and all parties a recommended order consisting of
545	findings of fact, conclusions of law, and recommended
546	disposition or penalty, if applicable, and any other information
547	required by law to be contained in the final order. All
548	proceedings conducted under pursuant to this subsection shall be
549	de novo. The agency shall allow each party 15 days in which to
550	submit written exceptions to the recommended order. The final
551	order shall include an explicit ruling on each exception, but an
552	agency need not rule on an exception that does not clearly
553	identify the disputed portion of the recommended order by page
554	number or paragraph, that does not identify the legal basis for
555	the exception, or that does not include appropriate and specific
556	citations to the record.
557	(m)  If a recommended order is submitted to an agency, the
558	agency shall provide a copy of its final order and any
559	exceptions to the division within 15 days after the order is
560	filed with the agency clerk.
561	(3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
562	CONTRACT SOLICITATION OR AWARD.--Agencies subject to this
563	chapter shall use the uniform rules of procedure, which provide
564	procedures for the resolution of protests arising from the
565	contract solicitation or award process. Such rules shall at
566	least provide that:
567	(a)  The agency shall provide notice of a decision or
568	intended decision concerning a solicitation, contract award, or
569	exceptional purchase by electronic posting. This notice shall
570	contain the following statement: "Failure to file a protest
571	within the time prescribed in section 120.57(3), Florida
572	Statutes, or failure to post the bond or other security required
573	by law within the time allowed for filing a bond shall
574	constitute a waiver of proceedings under chapter 120, Florida
575	Statutes."
576	Section 9.  Paragraphs (c) and (d) are added to subsection
577	(10) of section 120.65, Florida Statutes, to read:
578	120.65  Administrative law judges.--
579	(10)  Not later than February 1 of each year, the division
580	shall issue a written report to the Administrative Procedures
581	Committee and the Administration Commission, including at least
582	the following information:
583	(c)  Recommendations as to those types of cases or disputes
584	which should be conducted under the summary hearing process
585	described in s. 120.574.
586	(d)  A report regarding each agency's compliance with the
587	filing requirement in s. 120.57(1)(m).
588	Section 10.  Subsection (2) of section 120.74, Florida
589	Statutes, is amended to read:
590	120.74  Agency review, revision, and report.--
591	(2)  Beginning October 1, 1997, and by October 1 of every
592	other year thereafter, the head of each agency shall file a
593	report with the President of the Senate, and the Speaker of the
594	House of Representatives, and the committee, with a copy to each
595	appropriate standing committee of the Legislature, which
596	certifies that the agency has complied with the requirements of
597	this subsection. The report must specify any changes made to its
598	rules as a result of the review and, when appropriate, recommend
599	statutory changes that will promote efficiency, reduce
600	paperwork, or decrease costs to government and the private
601	sector. The report must identify the types of cases or disputes
602	in which the agency is involved which should be conducted under
603	the summary hearing process described in s. 120.574.
604	Section 11.  The Department of State shall, before December
605	31, 2007, make available, to all agencies required on the
606	effective date of this act to publish materials in the Florida
607	Administrative Weekly, training courses for the purpose of
608	assisting the agencies with their transition to publishing on
609	the Florida Administrative Weekly Internet website. The training
610	courses may be provided in the form of workshops or software
611	packages that allow self-training by agency personnel.
612	Section 12.  Except as otherwise expressly provided in this
613	act, this act shall take effect July 1, 2006.

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