Florida Senate - 2009                             CS for SB 2188
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Joyner
       
       
       
       585-03032-09                                          20092188c1
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.52, F.S.; revising the definition of the term
    4         “agency” for purposes of ch. 120, F.S.; amending s.
    5         120.525, F.S.; requiring each agency to give notice of
    6         public meetings, hearings, and workshops on the
    7         agency’s website; requiring each agency to publish
    8         agendas on the agency’s website; amending s. 120.54,
    9         F.S.; revising the definition of the term “small
   10         business” with regard to special matters to be
   11         considered by an agency in rule adoption; requiring an
   12         agency to ensure that persons responsible for
   13         preparing a proposed rule be available at a public
   14         hearing regarding the proposed rule; requiring that
   15         certain materials submitted to the agency on or before
   16         the date of the final public hearing be considered by
   17         the agency and made a part of the record of the
   18         rulemaking proceeding; requiring that a change to a
   19         proposed rule be in response to written materials
   20         submitted to the agency within a specified time after
   21         the date of publication of the notice of intended
   22         agency action or submitted to the agency on or before
   23         the date of the final public hearing; requiring that a
   24         proposed rule become effective on a date specified in
   25         the notice of the agency’s intended action; requiring
   26         that the statement of an agency’s organization and
   27         operations be published on the agency’s website;
   28         providing that a rule that adopts federal standards
   29         becomes effective upon the date designated by the
   30         agency in the notice of intent to adopt the rule;
   31         amending s. 120.80, F.S.; deleting a provision that
   32         prohibits the Department of Environmental Protection
   33         from adopting the lowest regulatory cost alternative
   34         under certain circumstances; providing an effective
   35         date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (1) of section 120.52, Florida
   40  Statutes, is amended to read:
   41         120.52 Definitions.—As used in this act:
   42         (1) “Agency” means the following officers or governmental
   43  entities when acting pursuant to statutory authority:
   44         (a) The Governor; each state officer and state department,
   45  and each departmental unit described in s. 20.04; the Board of
   46  Governors of the State University System; the Commission on
   47  Ethics; the Fish and Wildlife Conservation Commission; a
   48  regional water supply authority; a regional planning agency; a
   49  multicounty special district, but only when a majority of its
   50  governing board is comprised of nonelected persons; educational
   51  units; and each entity described in chapters 163, 373, 380, and
   52  582 and s. 186.504 in the exercise of all executive powers other
   53  than those derived from the constitution.
   54         (b) Each officer and governmental entity in the state
   55  having statewide jurisdiction or jurisdiction in more than one
   56  county.:
   57         1.State officer and state department, and each
   58  departmental unit described in s. 20.04.
   59         2.Authority, including a regional water supply authority.
   60         3.Board, including the Board of Governors of the State
   61  University System and a state university board of trustees when
   62  acting pursuant to statutory authority derived from the
   63  Legislature.
   64         4.Commission, including the Commission on Ethics and the
   65  Fish and Wildlife Conservation Commission when acting pursuant
   66  to statutory authority derived from the Legislature.
   67         5.Regional planning agency.
   68         6.Multicounty special district with a majority of its
   69  governing board comprised of nonelected persons.
   70         7.Educational units.
   71         8.Entity described in chapters 163, 373, 380, and 582 and
   72  s. 186.504.
   73         (c) Each officer and governmental entity in the state
   74  having jurisdiction in one county or less than one county other
   75  unit of government in the state, including counties and
   76  municipalities, to the extent they are expressly made subject to
   77  this act by general or special law or existing judicial
   78  decisions.
   79  
   80  This definition does not include any municipality or legal
   81  entity created solely by a municipality; any legal entity or
   82  agency created in whole or in part pursuant to part II of
   83  chapter 361;, part II, any metropolitan planning organization
   84  created pursuant to s. 339.175;, any separate legal or
   85  administrative entity created pursuant to s. 339.175 of which a
   86  metropolitan planning organization is a member;, an expressway
   87  authority pursuant to chapter 348 or transportation authority
   88  under chapter 349; or, any legal or administrative entity
   89  created by an interlocal agreement pursuant to s. 163.01(7),
   90  unless any party to such agreement is otherwise an agency as
   91  defined in this subsection, or any multicounty special district
   92  with a majority of its governing board comprised of elected
   93  persons; however, this definition shall include a regional water
   94  supply authority.
   95         Section 2. Subsections (1) and (2) of section 120.525,
   96  Florida Statutes, are amended to read:
   97         120.525 Meetings, hearings, and workshops.—
   98         (1) Except in the case of emergency meetings, each agency
   99  shall give notice of public meetings, hearings, and workshops by
  100  publication in the Florida Administrative Weekly and on the
  101  agency’s website not less than 7 days before the event. The
  102  notice shall include a statement of the general subject matter
  103  to be considered.
  104         (2) An agenda shall be prepared by the agency in time to
  105  ensure that a copy of the agenda may be received at least 7 days
  106  before the event by any person in the state who requests a copy
  107  and who pays the reasonable cost of the copy. The agenda, along
  108  with any meeting materials available in electronic form, shall
  109  be published on the agency’s website. The agenda shall contain
  110  the items to be considered in order of presentation. After the
  111  agenda has been made available, a change shall be made only for
  112  good cause, as determined by the person designated to preside,
  113  and stated in the record. Notification of such change shall be
  114  at the earliest practicable time.
  115         Section 3. Subsection (3), paragraph (b) of subsection (5),
  116  and paragraph (b) of subsection (6) of section 120.54, Florida
  117  Statutes, are amended to read:
  118         120.54 Rulemaking.—
  119         (3) ADOPTION PROCEDURES.—
  120         (a) Notices.—
  121         1. Prior to the adoption, amendment, or repeal of any rule
  122  other than an emergency rule, an agency, upon approval of the
  123  agency head, shall give notice of its intended action, setting
  124  forth a short, plain explanation of the purpose and effect of
  125  the proposed action; the full text of the proposed rule or
  126  amendment and a summary thereof; a reference to the grant of
  127  rulemaking authority pursuant to which the rule is adopted; and
  128  a reference to the section or subsection of the Florida Statutes
  129  or the Laws of Florida being implemented or interpreted. The
  130  notice must include a summary of the agency’s statement of the
  131  estimated regulatory costs, if one has been prepared, based on
  132  the factors set forth in s. 120.541(2), and a statement that any
  133  person who wishes to provide the agency with information
  134  regarding the statement of estimated regulatory costs, or to
  135  provide a proposal for a lower cost regulatory alternative as
  136  provided by s. 120.541(1), must do so in writing within 21 days
  137  after publication of the notice. The notice must state the
  138  procedure for requesting a public hearing on the proposed rule.
  139  Except when the intended action is the repeal of a rule, the
  140  notice must include a reference both to the date on which and to
  141  the place where the notice of rule development that is required
  142  by subsection (2) appeared.
  143         2. The notice shall be published in the Florida
  144  Administrative Weekly not less than 28 days prior to the
  145  intended action. The proposed rule shall be available for
  146  inspection and copying by the public at the time of the
  147  publication of notice.
  148         3. The notice shall be mailed to all persons named in the
  149  proposed rule and to all persons who, at least 14 days prior to
  150  such mailing, have made requests of the agency for advance
  151  notice of its proceedings. The agency shall also give such
  152  notice as is prescribed by rule to those particular classes of
  153  persons to whom the intended action is directed.
  154         4. The adopting agency shall file with the committee, at
  155  least 21 days prior to the proposed adoption date, a copy of
  156  each rule it proposes to adopt; a copy of any material
  157  incorporated by reference in the rule; a detailed written
  158  statement of the facts and circumstances justifying the proposed
  159  rule; a copy of any statement of estimated regulatory costs that
  160  has been prepared pursuant to s. 120.541; a statement of the
  161  extent to which the proposed rule relates to federal standards
  162  or rules on the same subject; and the notice required by
  163  subparagraph 1.
  164         (b) Special matters to be considered in rule adoption.—
  165         1. Statement of estimated regulatory costs.—Prior to the
  166  adoption, amendment, or repeal of any rule other than an
  167  emergency rule, an agency is encouraged to prepare a statement
  168  of estimated regulatory costs of the proposed rule, as provided
  169  by s. 120.541. However, an agency shall prepare a statement of
  170  estimated regulatory costs of the proposed rule, as provided by
  171  s. 120.541, if the proposed rule will have an impact on small
  172  business.
  173         2. Small businesses, small counties, and small cities.—
  174         a. Each agency, before the adoption, amendment, or repeal
  175  of a rule, shall consider the impact of the rule on small
  176  businesses as defined by s. 288.703 and the impact of the rule
  177  on small counties or small cities as defined by s. 120.52.
  178  Whenever practicable, an agency shall tier its rules to reduce
  179  disproportionate impacts on small businesses, small counties, or
  180  small cities to avoid regulating small businesses, small
  181  counties, or small cities that do not contribute significantly
  182  to the problem the rule is designed to address. An agency may
  183  define “small business” to include businesses employing more
  184  than 200 100 persons, may define “small county” to include those
  185  with populations of more than 75,000, and may define “small
  186  city” to include those with populations of more than 10,000, if
  187  it finds that such a definition is necessary to adapt a rule to
  188  the needs and problems of small businesses, small counties, or
  189  small cities. The agency shall consider each of the following
  190  methods for reducing the impact of the proposed rule on small
  191  businesses, small counties, and small cities, or any combination
  192  of these entities:
  193         (I) Establishing less stringent compliance or reporting
  194  requirements in the rule.
  195         (II) Establishing less stringent schedules or deadlines in
  196  the rule for compliance or reporting requirements.
  197         (III) Consolidating or simplifying the rule’s compliance or
  198  reporting requirements.
  199         (IV) Establishing performance standards or best-management
  200  practices to replace design or operational standards in the
  201  rule.
  202         (V) Exempting small businesses, small counties, or small
  203  cities from any or all requirements of the rule.
  204         b.(I) If the agency determines that the proposed action
  205  will affect small businesses as defined by the agency as
  206  provided in sub-subparagraph a., the agency shall send written
  207  notice of the rule to the Small Business Regulatory Advisory
  208  Council and the Office of Tourism, Trade, and Economic
  209  Development not less than 28 days prior to the intended action.
  210         (II) Each agency shall adopt those regulatory alternatives
  211  offered by the Small Business Regulatory Advisory Council and
  212  provided to the agency no later than 21 days after the council’s
  213  receipt of the written notice of the rule which it finds are
  214  feasible and consistent with the stated objectives of the
  215  proposed rule and which would reduce the impact on small
  216  businesses. When regulatory alternatives are offered by the
  217  Small Business Regulatory Advisory Council, the 90-day period
  218  for filing the rule in subparagraph (e)2. is extended for a
  219  period of 21 days.
  220         (III) If an agency does not adopt all alternatives offered
  221  pursuant to this sub-subparagraph, it shall, prior to rule
  222  adoption or amendment and pursuant to subparagraph (d)1., file a
  223  detailed written statement with the committee explaining the
  224  reasons for failure to adopt such alternatives. Within 3 working
  225  days of the filing of such notice, the agency shall send a copy
  226  of such notice to the Small Business Regulatory Advisory
  227  Council. The Small Business Regulatory Advisory Council may make
  228  a request of the President of the Senate and the Speaker of the
  229  House of Representatives that the presiding officers direct the
  230  Office of Program Policy Analysis and Government Accountability
  231  to determine whether the rejected alternatives reduce the impact
  232  on small business while meeting the stated objectives of the
  233  proposed rule. Within 60 days after the date of the directive
  234  from the presiding officers, the Office of Program Policy
  235  Analysis and Government Accountability shall report to the
  236  Administrative Procedures Committee its findings as to whether
  237  an alternative reduces the impact on small business while
  238  meeting the stated objectives of the proposed rule. The Office
  239  of Program Policy Analysis and Government Accountability shall
  240  consider the proposed rule, the economic impact statement, the
  241  written statement of the agency, the proposed alternatives, and
  242  any comment submitted during the comment period on the proposed
  243  rule. The Office of Program Policy Analysis and Government
  244  Accountability shall submit a report of its findings and
  245  recommendations to the Governor, the President of the Senate,
  246  and the Speaker of the House of Representatives. The
  247  Administrative Procedures Committee shall report such findings
  248  to the agency, and the agency shall respond in writing to the
  249  Administrative Procedures Committee if the Office of Program
  250  Policy Analysis and Government Accountability found that the
  251  alternative reduced the impact on small business while meeting
  252  the stated objectives of the proposed rule. If the agency will
  253  not adopt the alternative, it must also provide a detailed
  254  written statement to the committee as to why it will not adopt
  255  the alternative.
  256         (c) Hearings.—
  257         1. If the intended action concerns any rule other than one
  258  relating exclusively to procedure or practice, the agency shall,
  259  on the request of any affected person received within 21 days
  260  after the date of publication of the notice of intended agency
  261  action, give affected persons an opportunity to present evidence
  262  and argument on all issues under consideration. The agency may
  263  schedule a public hearing on the rule and, if requested by any
  264  affected person, shall schedule a public hearing on the rule.
  265  When a public hearing is held, the agency must ensure that the
  266  persons responsible for preparing the proposed rule are
  267  available to explain the agency’s proposal and to respond to
  268  questions or comments regarding the rule. If the agency head is
  269  a board or other collegial body created under s. 20.165(4) or s.
  270  20.43(3)(g), and one or more requested public hearings is
  271  scheduled, the board or other collegial body shall conduct at
  272  least one of the public hearings itself and may not delegate
  273  this responsibility without the consent of those persons
  274  requesting the public hearing. Any material pertinent to the
  275  issues under consideration submitted to the agency within 21
  276  days after the date of publication of the notice or submitted to
  277  the agency on or before the date of the final at a public
  278  hearing shall be considered by the agency and made a part of the
  279  record of the rulemaking proceeding.
  280         2. Rulemaking proceedings shall be governed solely by the
  281  provisions of this section unless a person timely asserts that
  282  the person’s substantial interests will be affected in the
  283  proceeding and affirmatively demonstrates to the agency that the
  284  proceeding does not provide adequate opportunity to protect
  285  those interests. If the agency determines that the rulemaking
  286  proceeding is not adequate to protect the person’s interests, it
  287  shall suspend the rulemaking proceeding and convene a separate
  288  proceeding under the provisions of ss. 120.569 and 120.57.
  289  Similarly situated persons may be requested to join and
  290  participate in the separate proceeding. Upon conclusion of the
  291  separate proceeding, the rulemaking proceeding shall be resumed.
  292         (d) Modification or withdrawal of proposed rules.—
  293         1. After the final public hearing on the proposed rule, or
  294  after the time for requesting a hearing has expired, if the rule
  295  has not been changed from the rule as previously filed with the
  296  committee, or contains only technical changes, the adopting
  297  agency shall file a notice to that effect with the committee at
  298  least 7 days prior to filing the rule for adoption. Any change,
  299  other than a technical change that does not affect the substance
  300  of the rule, must be supported by the record of public hearings
  301  held on the rule, must be in response to written material
  302  submitted to the agency within 21 days after the date of
  303  publication of the notice of intended agency action or submitted
  304  to the agency received on or before the date of the final public
  305  hearing, or must be in response to a proposed objection by the
  306  committee. In addition, when any change is made in a proposed
  307  rule, other than a technical change, the adopting agency shall
  308  provide a copy of a notice of change by certified mail or actual
  309  delivery to any person who requests it in writing no later than
  310  21 days after the notice required in paragraph (a). The agency
  311  shall file the notice of change with the committee, along with
  312  the reasons for the change, and provide the notice of change to
  313  persons requesting it, at least 21 days prior to filing the rule
  314  for adoption. The notice of change shall be published in the
  315  Florida Administrative Weekly at least 21 days prior to filing
  316  the rule for adoption. This subparagraph does not apply to
  317  emergency rules adopted pursuant to subsection (4).
  318         2. After the notice required by paragraph (a) and prior to
  319  adoption, the agency may withdraw the rule in whole or in part.
  320         3. After adoption and before the effective date, a rule may
  321  be modified or withdrawn only in response to an objection by the
  322  committee or may be modified to extend the effective date by not
  323  more than 60 days when the committee has notified the agency
  324  that an objection to the rule is being considered.
  325         4. The agency shall give notice of its decision to withdraw
  326  or modify a rule in the first available issue of the publication
  327  in which the original notice of rulemaking was published, shall
  328  notify those persons described in subparagraph (a)3. in
  329  accordance with the requirements of that subparagraph, and shall
  330  notify the Department of State if the rule is required to be
  331  filed with the Department of State.
  332         5. After a rule has become effective, it may be repealed or
  333  amended only through the rulemaking procedures specified in this
  334  chapter.
  335         (e) Filing for final adoption; effective date.—
  336         1. If the adopting agency is required to publish its rules
  337  in the Florida Administrative Code, the agency, upon approval of
  338  the agency head, shall file with the Department of State three
  339  certified copies of the rule it proposes to adopt; one copy of
  340  any material incorporated by reference in the rule, certified by
  341  the agency; a summary of the rule; a summary of any hearings
  342  held on the rule; and a detailed written statement of the facts
  343  and circumstances justifying the rule. Agencies not required to
  344  publish their rules in the Florida Administrative Code shall
  345  file one certified copy of the proposed rule, and the other
  346  material required by this subparagraph, in the office of the
  347  agency head, and such rules shall be open to the public.
  348         2. A rule may not be filed for adoption less than 28 days
  349  or more than 90 days after the notice required by paragraph (a),
  350  until 21 days after the notice of change required by paragraph
  351  (d), until 14 days after the final public hearing, until 21 days
  352  after a statement of estimated regulatory costs required under
  353  s. 120.541 has been provided to all persons who submitted a
  354  lower cost regulatory alternative and made available to the
  355  public, or until the administrative law judge has rendered a
  356  decision under s. 120.56(2), whichever applies. When a required
  357  notice of change is published prior to the expiration of the
  358  time to file the rule for adoption, the period during which a
  359  rule must be filed for adoption is extended to 45 days after the
  360  date of publication. If notice of a public hearing is published
  361  prior to the expiration of the time to file the rule for
  362  adoption, the period during which a rule must be filed for
  363  adoption is extended to 45 days after adjournment of the final
  364  hearing on the rule, 21 days after receipt of all material
  365  authorized to be submitted at the hearing, or 21 days after
  366  receipt of the transcript, if one is made, whichever is latest.
  367  The term “public hearing” includes any public meeting held by
  368  any agency at which the rule is considered. If a petition for an
  369  administrative determination under s. 120.56(2) is filed, the
  370  period during which a rule must be filed for adoption is
  371  extended to 60 days after the administrative law judge files the
  372  final order with the clerk or until 60 days after subsequent
  373  judicial review is complete.
  374         3. At the time a rule is filed, the agency shall certify
  375  that the time limitations prescribed by this paragraph have been
  376  complied with, that all statutory rulemaking requirements have
  377  been met, and that there is no administrative determination
  378  pending on the rule.
  379         4. At the time a rule is filed, the committee shall certify
  380  whether the agency has responded in writing to all material and
  381  timely written comments or written inquiries made on behalf of
  382  the committee. The department shall reject any rule that is not
  383  filed within the prescribed time limits; that does not comply
  384  with all statutory rulemaking requirements and rules of the
  385  department; upon which an agency has not responded in writing to
  386  all material and timely written inquiries or written comments;
  387  upon which an administrative determination is pending; or which
  388  does not include a statement of estimated regulatory costs, if
  389  required.
  390         5. If a rule has not been adopted within the time limits
  391  imposed by this paragraph or has not been adopted in compliance
  392  with all statutory rulemaking requirements, the agency proposing
  393  the rule shall withdraw the rule and give notice of its action
  394  in the next available issue of the Florida Administrative
  395  Weekly.
  396         6. The proposed rule shall be adopted on being filed with
  397  the Department of State and become effective 20 days after being
  398  filed, on a later date specified in the notice required by
  399  subparagraph (a)1. rule, or on a date required by statute. Rules
  400  not required to be filed with the Department of State shall
  401  become effective when adopted by the agency head or on a later
  402  date specified by rule or statute. If the committee notifies an
  403  agency that an objection to a rule is being considered, the
  404  agency may postpone the adoption of the rule to accommodate
  405  review of the rule by the committee. When an agency postpones
  406  adoption of a rule to accommodate review by the committee, the
  407  90-day period for filing the rule is tolled until the committee
  408  notifies the agency that it has completed its review of the
  409  rule.
  410  
  411  For the purposes of this paragraph, the term “administrative
  412  determination” does not include subsequent judicial review.
  413         (5) UNIFORM RULES.—
  414         (b) The uniform rules of procedure adopted by the
  415  commission pursuant to this subsection shall include, but are
  416  not limited to:
  417         1. Uniform rules for the scheduling of public meetings,
  418  hearings, and workshops.
  419         2. Uniform rules for use by each state agency that provide
  420  procedures for conducting public meetings, hearings, and
  421  workshops, and for taking evidence, testimony, and argument at
  422  such public meetings, hearings, and workshops, in person and by
  423  means of communications media technology. The rules shall
  424  provide that all evidence, testimony, and argument presented
  425  shall be afforded equal consideration, regardless of the method
  426  of communication. If a public meeting, hearing, or workshop is
  427  to be conducted by means of communications media technology, or
  428  if attendance may be provided by such means, the notice shall so
  429  state. The notice for public meetings, hearings, and workshops
  430  utilizing communications media technology shall state how
  431  persons interested in attending may do so and shall name
  432  locations, if any, where communications media technology
  433  facilities will be available. Nothing in this paragraph shall be
  434  construed to diminish the right to inspect public records under
  435  chapter 119. Limiting points of access to public meetings,
  436  hearings, and workshops subject to the provisions of s. 286.011
  437  to places not normally open to the public shall be presumed to
  438  violate the right of access of the public, and any official
  439  action taken under such circumstances is void and of no effect.
  440  Other laws relating to public meetings, hearings, and workshops,
  441  including penal and remedial provisions, shall apply to public
  442  meetings, hearings, and workshops conducted by means of
  443  communications media technology, and shall be liberally
  444  construed in their application to such public meetings,
  445  hearings, and workshops. As used in this subparagraph,
  446  “communications media technology” means the electronic
  447  transmission of printed matter, audio, full-motion video,
  448  freeze-frame video, compressed video, and digital video by any
  449  method available.
  450         3. Uniform rules of procedure for the filing of notice of
  451  protests and formal written protests. The Administration
  452  Commission may prescribe the form and substantive provisions of
  453  a required bond.
  454         4. Uniform rules of procedure for the filing of petitions
  455  for administrative hearings pursuant to s. 120.569 or s. 120.57.
  456  Such rules shall require the petition to include:
  457         a. The identification of the petitioner.
  458         b. A statement of when and how the petitioner received
  459  notice of the agency’s action or proposed action.
  460         c. An explanation of how the petitioner’s substantial
  461  interests are or will be affected by the action or proposed
  462  action.
  463         d. A statement of all material facts disputed by the
  464  petitioner or a statement that there are no disputed facts.
  465         e. A statement of the ultimate facts alleged, including a
  466  statement of the specific facts the petitioner contends warrant
  467  reversal or modification of the agency’s proposed action.
  468         f. A statement of the specific rules or statutes that the
  469  petitioner contends require reversal or modification of the
  470  agency’s proposed action, including an explanation of how the
  471  alleged facts relate to the specific rules or statutes.
  472         g. A statement of the relief sought by the petitioner,
  473  stating precisely the action petitioner wishes the agency to
  474  take with respect to the proposed action.
  475         5. Uniform rules for the filing of request for
  476  administrative hearing by a respondent in agency enforcement and
  477  disciplinary actions. Such rules shall require a request to
  478  include:
  479         a. The name, address, and telephone number of the party
  480  making the request and the name, address, and telephone number
  481  of the party’s counsel or qualified representative upon whom
  482  service of pleadings and other papers shall be made;
  483         b. A statement that the respondent is requesting an
  484  administrative hearing and disputes the material facts alleged
  485  by the petitioner, in which case the respondent shall identify
  486  those material facts that are in dispute, or that the respondent
  487  is requesting an administrative hearing and does not dispute the
  488  material facts alleged by the petitioner; and
  489         c. A reference by file number to the administrative
  490  complaint that the party has received from the agency and the
  491  date on which the agency pleading was received.
  492  
  493  The agency may provide an election-of-rights form for the
  494  respondent’s use in requesting a hearing, so long as any form
  495  provided by the agency calls for the information in sub
  496  subparagraphs a. through c. and does not impose any additional
  497  requirements on a respondent in order to request a hearing,
  498  unless such requirements are specifically authorized by law.
  499         6. Uniform rules of procedure for the filing and prompt
  500  disposition of petitions for declaratory statements. The rules
  501  shall also describe the contents of the notices that must be
  502  published in the Florida Administrative Weekly under s. 120.565,
  503  including any applicable time limit for the filing of petitions
  504  to intervene or petitions for administrative hearing by persons
  505  whose substantial interests may be affected.
  506         7. Provision of a method by which each agency head shall
  507  provide a description of the agency’s organization and general
  508  course of its operations. The rules shall require that the
  509  statement concerning the agency’s organization and operations be
  510  published on the agency’s website.
  511         8. Uniform rules establishing procedures for granting or
  512  denying petitions for variances and waivers pursuant to s.
  513  120.542.
  514         (6) ADOPTION OF FEDERAL STANDARDS.—Notwithstanding any
  515  contrary provision of this section, in the pursuance of state
  516  implementation, operation, or enforcement of federal programs,
  517  an agency is empowered to adopt rules substantively identical to
  518  regulations adopted pursuant to federal law, in accordance with
  519  the following procedures:
  520         (b) Any rule adopted pursuant to this subsection shall
  521  become effective upon the date designated in the rule by the
  522  agency in the notice of intent to adopt a rule; however, no such
  523  rule shall become effective earlier than the effective date of
  524  the substantively identical federal regulation.
  525         Section 4. Subsections (16) and (17) of section 120.80,
  526  Florida Statutes, are amended to read:
  527         120.80 Exceptions and special requirements; agencies.—
  528         (16)DEPARTMENT OF ENVIRONMENTAL PROTECTION.
  529  Notwithstanding the provisions of s. 120.54(1)(d), the
  530  Department of Environmental Protection, in undertaking
  531  rulemaking to establish best available control technology,
  532  lowest achievable emissions rate, or case-by-case maximum
  533  available control technology for purposes of s. 403.08725, shall
  534  not adopt the lowest regulatory cost alternative if such
  535  adoption would prevent the agency from implementing federal
  536  requirements.
  537         (16)(17) FLORIDA BUILDING COMMISSION.—
  538         (a) Notwithstanding the provisions of s. 120.542, the
  539  Florida Building Commission may not accept a petition for waiver
  540  or variance and may not grant any waiver or variance from the
  541  requirements of the Florida Building Code.
  542         (b) The Florida Building Commission shall adopt within the
  543  Florida Building Code criteria and procedures for alternative
  544  means of compliance with the code or local amendments thereto,
  545  for enforcement by local governments, local enforcement
  546  districts, or other entities authorized by law to enforce the
  547  Florida Building Code. Appeals from the denial of the use of
  548  alternative means shall be heard by the local board, if one
  549  exists, and may be appealed to the Florida Building Commission.
  550         (c) Notwithstanding ss. 120.565, 120.569, and 120.57, the
  551  Florida Building Commission and hearing officer panels appointed
  552  by the commission in accordance with s. 553.775(3)(c)1. may
  553  conduct proceedings to review decisions of local building code
  554  officials in accordance with s. 553.775(3)(c).
  555         Section 5. This act shall take effect July 1, 2009.