HB 7081

CS

CHAMBER ACTION

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

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