CS/CS/HB 443

1	A bill to be entitled
2	An act relating to electronic filing and receipt of court
3	and other legal documents; creating ss. 27.341 and
4	27.5112, F.S.; requiring each state attorney and public
5	defender to electronically file court documents with the
6	clerk of the court and receive court documents from the
7	clerk of the court; defining the term "court documents";
8	providing legislative expectations that the state
9	attorneys and public defenders consult with specified
10	entities; requiring the Florida Prosecuting Attorneys
11	Association and the Florida Public Defender Association
12	report to the President of the Senate and the Speaker of
13	the House of Representatives by a specified date on the
14	progress made to use the Florida Courts E-Portal system or
15	the clerks' offices portals to electronically file and
16	receive court documents; amending ss. 440.192 and 440.25,
17	F.S.; providing for electronic procedures for filing
18	documents and resolving benefit disputes in workers'
19	compensation proceedings; requiring a response to a
20	petition for workers' compensation benefits to be filed by
21	approved electronic means; amending ss. 440.29 and 440.45,
22	F.S.; requiring that the practice and procedure before the
23	judges of compensation claims be governed by the Office of
24	the Judges of Compensation Claims instead of the Supreme
25	Court; authorizing the Office of the Judges of
26	Compensation Claims to adopt rules to implement electronic
27	procedures; amending s. 120.52, F.S.; requiring use of
28	electronic procedures by those represented by an attorney;
29	amending s. 120.54, F.S.; requiring a petitioner
30	requesting an administrative hearing to include the
31	petitioner's e-mail address; amending ss. 57.111, 120.56,
32	120.569, 120.57, 552.40, 553.73, and 961.03, F.S.;
33	providing for electronic procedures in administrative
34	proceedings; providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 27.341, Florida Statutes, is created to
39	read:
40	27.341  Electronic filing and receipt of court documents.-
41	(1)(a)  Each office of the state attorney shall
42	electronically file court documents with the clerk of the court
43	and receive court documents from the clerk of the court. It is
44	the expectation of the Legislature that the electronic filing
45	and receipt of court documents will reduce costs for the office
46	of the state attorney, the clerk of the court, and the
47	judiciary; will increase timeliness in the processing of cases;
48	and will provide the judiciary and the clerk of the court with
49	case-related information to allow for improved judicial case
50	management.
51	(b)  As used in this section, the term "court documents"
52	includes, but is not limited to, pleadings, motions, briefs, and
53	their respective attachments, orders, judgments, opinions,
54	decrees, and transcripts.
55	(2)  It is further the expectation of the Legislature that
56	each office of the state attorney consult with the office of the
57	public defender for the same circuit served by the office of the
58	state attorney, the clerks of court for the circuit, the Florida
59	Court Technology Commission, and any authority that governs the
60	operation of a statewide portal for the electronic filing and
61	receipt of court documents.
62	(3)  The Florida Prosecuting Attorneys Association shall
63	file a report with the President of the Senate and the Speaker
64	of the House of Representatives by March 1, 2012, describing the
65	progress that each office of the state attorney has made to use
66	the Florida Courts E-Portal or, if the case type is not approved
67	for the Florida Courts E-Portal, separate clerks' offices
68	portals for purposes of electronic filing and documenting
69	receipt of court documents. For any office of the state attorney
70	that has not fully implemented an electronic filing and receipt
71	system by March 1, 2012, the report must also include a
72	description of the additional activities that are needed to
73	complete the system for that office and the projected time
74	necessary to complete the additional activities.
75	Section 2.  Section 27.5112, Florida Statutes, is created
76	to read:
77	27.5112  Electronic filing and receipt of court documents.-
78	(1)(a)  Each office of the public defender shall
79	electronically file court documents with the clerk of the court
80	and receive court documents from the clerk of the court. It is
81	the expectation of the Legislature that the electronic filing
82	and receipt of court documents will reduce costs for the office
83	of the public defender, the clerk of the court, and the
84	judiciary; will increase timeliness in the processing of cases;
85	and will provide the judiciary and the clerk of the court with
86	case-related information to allow for improved judicial case
87	management.
88	(b)  As used in this section, the term "court documents"
89	includes, but is not limited to, pleadings, motions, briefs, and
90	their respective attachments, orders, judgments, opinions,
91	decrees, and transcripts.
92	(2)  It is further the expectation of the Legislature that,
93	in developing the capability and implementing the process, each
94	office of the public defender consult with the office of the
95	state attorney for the same circuit served by the office of the
96	public defender, the clerks of court for the circuit, the
97	Florida Court Technology Commission, and any authority that
98	governs the operation of a statewide portal for the electronic
99	filing and receipt of court documents.
100	(3)  The Florida Public Defender Association shall file a
101	report with the President of the Senate and the Speaker of the
102	House of Representatives by March 1, 2012, describing the
103	progress that each office of the public defender has made to use
104	the Florida Courts E-Portal or, if the case type is not approved
105	for the Florida Courts E-Portal, separate clerks' offices
106	portals for purposes of electronic filing and documenting
107	receipt of court documents. For any office of the public
108	defender that has not fully implemented an electronic filing and
109	receipt system by March 1, 2012, the report must also include a
110	description of the additional activities that are needed to
111	complete the system for that office and the projected time
112	necessary to complete the additional activities.
113	Section 3.  Subsections (1) and (8) of section 440.192,
114	Florida Statutes, are amended to read:
115	440.192  Procedure for resolving benefit disputes.-
116	(1)  Any employee may, for any benefit that is ripe, due,
117	and owing, file by certified mail, or by electronic means
118	approved by the Deputy Chief Judge, with the Office of the
119	Judges of Compensation Claims a petition for benefits which
120	meets the requirements of this section and the definition of
121	specificity in s. 440.02. An employee represented by an attorney
122	shall file by electronic means approved by the Deputy Chief
123	Judge. An employee not represented by an attorney may file by
124	certified mail or by electronic means approved by the Deputy
125	Chief Judge. The department shall inform employees of the
126	location of the Office of the Judges of Compensation Claims and
127	the office's website address for purposes of filing a petition
128	for benefits. The employee shall also serve copies of the
129	petition for benefits by certified mail, or by electronic means
130	approved by the Deputy Chief Judge, upon the employer and the
131	employer's carrier. The Deputy Chief Judge shall refer the
132	petitions to the judges of compensation claims.
133	(8)  Within 14 days after receipt of a petition for
134	benefits by certified mail or by approved electronic means, the
135	carrier must either pay the requested benefits without prejudice
136	to its right to deny within 120 days from receipt of the
137	petition or file a response to petition with the Office of the
138	Judges of Compensation Claims. The response shall be filed by
139	electronic means approved by the Deputy Chief Judge. The carrier
140	must list all benefits requested but not paid and explain its
141	justification for nonpayment in the response to petition. A
142	carrier that does not deny compensability in accordance with s.
143	440.20(4) is deemed to have accepted the employee's injuries as
144	compensable, unless it can establish material facts relevant to
145	the issue of compensability that could not have been discovered
146	through reasonable investigation within the 120-day period. The
147	carrier shall provide copies of the response to the filing
148	party, employer, and claimant by certified mail or by electronic
149	means approved by the Deputy Chief Judge.
150	Section 4.  Subsection (1) and paragraphs (a), (c), and (e)
151	of subsection (4) of section 440.25, Florida Statutes, are
152	amended to read:
153	440.25  Procedures for mediation and hearings.-
154	(1)  Forty days after a petition for benefits is filed
155	under s. 440.192, the judge of compensation claims shall notify
156	the interested parties by order that a mediation conference
157	concerning such petition has been scheduled unless the parties
158	have notified the judge of compensation claims that a private
159	mediation has been held or is scheduled to be held. A mediation,
160	whether private or public, shall be held within 130 days after
161	the filing of the petition. Such order must give the date the
162	mediation conference is to be held. Such order may be served
163	personally upon the interested parties or may be sent to the
164	interested parties by mail or by electronic means approved by
165	the Deputy Chief Judge. If multiple petitions are pending, or if
166	additional petitions are filed after the scheduling of a
167	mediation, the judge of compensation claims shall consolidate
168	all petitions into one mediation. The claimant or the adjuster
169	of the employer or carrier may, at the mediator's discretion,
170	attend the mediation conference by telephone or, if agreed to by
171	the parties, other electronic means. A continuance may be
172	granted upon the agreement of the parties or if the requesting
173	party demonstrates to the judge of compensation claims that the
174	reason for requesting the continuance arises from circumstances
175	beyond the party's control. Any order granting a continuance
176	must set forth the date of the rescheduled mediation conference.
177	A mediation conference may not be used solely for the purpose of
178	mediating attorney's fees.
179	(4)(a)  If the parties fail to agree to written submission
180	of pretrial stipulations, the judge of compensation claims shall
181	conduct a live pretrial hearing. The judge of compensation
182	claims shall give the interested parties at least 14 days'
183	advance notice of the pretrial hearing by mail or by electronic
184	means approved by the Deputy Chief Judge.
185	(c)  The judge of compensation claims shall give the
186	interested parties at least 14 days' advance notice of the final
187	hearing, served upon the interested parties by mail or by
188	electronic means approved by the Deputy Chief Judge.
189	(e)  The order making an award or rejecting the claim,
190	referred to in this chapter as a "compensation order," shall set
191	forth the findings of ultimate facts and the mandate; and the
192	order need not include any other reason or justification for
193	such mandate. The compensation order shall be filed in the
194	Office of the Judges of Compensation Claims at Tallahassee. A
195	copy of such compensation order shall be sent by mail or by
196	electronic means approved by the Deputy Chief Judge to the
197	parties and attorneys of record and any parties not represented
198	by an attorney at the last known address of each, with the date
199	of mailing noted thereon.
200	Section 5.  Subsection (3) of section 440.29, Florida
201	Statutes, is amended to read:
202	440.29  Procedure before the judge of compensation claims.-
203	(3)  The practice and procedure before the judges of
204	compensation claims shall be governed by rules adopted by the
205	Office of the Judges of Compensation Claims Supreme Court,
206	except to the extent that such rules conflict with the
207	provisions of this chapter.
208	Section 6.  Subsection (4) of section 440.45, Florida
209	Statutes, is amended to read:
210	440.45  Office of the Judges of Compensation Claims.-
211	(4)  The Office of the Judges of Compensation Claims shall
212	adopt rules to carry out effect the purposes of this section.
213	Such rules must shall include procedural rules applicable to
214	workers' compensation claim resolution, including rules
215	requiring electronic filing and service where deemed appropriate
216	by the Deputy Chief Judge, and uniform criteria for measuring
217	the performance of the office, including, but not limited to,
218	the number of cases assigned and resolved disposed, the age of
219	pending and resolved disposed cases, timeliness of decisions
220	decisionmaking, extraordinary fee awards, and other data
221	necessary for the judicial nominating commission to review the
222	performance of judges as required in paragraph (2)(c). The
223	workers' compensation rules of procedure approved by the Supreme
224	Court apply until the rules adopted by the Office of the Judges
225	of Compensation Claims pursuant to this section become
226	effective.
227	Section 7.  Subsection (5) of section 120.52, Florida
228	Statutes, is amended to read:
229	120.52  Definitions.-As used in this act:
230	(5)  "Division" means the Division of Administrative
231	Hearings. Any document filed with the division by a party
232	represented by an attorney shall be filed by electronic means
233	through the division's website. Any document filed with the
234	division by a party not represented by an attorney shall,
235	whenever possible, be filed by electronic means through the
236	division's website.
237	Section 8.  Paragraph (b) of subsection (5) of section
238	120.54, Florida Statutes, is amended to read:
239	120.54  Rulemaking.-
240	(5)  UNIFORM RULES.-
241	(b)  The uniform rules of procedure adopted by the
242	commission pursuant to this subsection shall include, but are
243	not limited to:
244	1.  Uniform rules for the scheduling of public meetings,
245	hearings, and workshops.
246	2.  Uniform rules for use by each state agency that provide
247	procedures for conducting public meetings, hearings, and
248	workshops, and for taking evidence, testimony, and argument at
249	such public meetings, hearings, and workshops, in person and by
250	means of communications media technology. The rules shall
251	provide that all evidence, testimony, and argument presented
252	shall be afforded equal consideration, regardless of the method
253	of communication. If a public meeting, hearing, or workshop is
254	to be conducted by means of communications media technology, or
255	if attendance may be provided by such means, the notice shall so
256	state. The notice for public meetings, hearings, and workshops
257	utilizing communications media technology shall state how
258	persons interested in attending may do so and shall name
259	locations, if any, where communications media technology
260	facilities will be available. Nothing in this paragraph shall be
261	construed to diminish the right to inspect public records under
262	chapter 119. Limiting points of access to public meetings,
263	hearings, and workshops subject to the provisions of s. 286.011
264	to places not normally open to the public shall be presumed to
265	violate the right of access of the public, and any official
266	action taken under such circumstances is void and of no effect.
267	Other laws relating to public meetings, hearings, and workshops,
268	including penal and remedial provisions, shall apply to public
269	meetings, hearings, and workshops conducted by means of
270	communications media technology, and shall be liberally
271	construed in their application to such public meetings,
272	hearings, and workshops. As used in this subparagraph,
273	"communications media technology" means the electronic
274	transmission of printed matter, audio, full-motion video,
275	freeze-frame video, compressed video, and digital video by any
276	method available.
277	3.  Uniform rules of procedure for the filing of notice of
278	protests and formal written protests. The Administration
279	Commission may prescribe the form and substantive provisions of
280	a required bond.
281	4.  Uniform rules of procedure for the filing of petitions
282	for administrative hearings pursuant to s. 120.569 or s. 120.57.
283	Such rules shall require the petition to include:
284	a.  The identification of the petitioner, including the
285	petitioner's e-mail address, if any, for the transmittal of
286	subsequent documents by electronic means.
287	b.  A statement of when and how the petitioner received
288	notice of the agency's action or proposed action.
289	c.  An explanation of how the petitioner's substantial
290	interests are or will be affected by the action or proposed
291	action.
292	d.  A statement of all material facts disputed by the
293	petitioner or a statement that there are no disputed facts.
294	e.  A statement of the ultimate facts alleged, including a
295	statement of the specific facts the petitioner contends warrant
296	reversal or modification of the agency's proposed action.
297	f.  A statement of the specific rules or statutes that the
298	petitioner contends require reversal or modification of the
299	agency's proposed action, including an explanation of how the
300	alleged facts relate to the specific rules or statutes.
301	g.  A statement of the relief sought by the petitioner,
302	stating precisely the action petitioner wishes the agency to
303	take with respect to the proposed action.
304	5.  Uniform rules for the filing of request for
305	administrative hearing by a respondent in agency enforcement and
306	disciplinary actions. Such rules shall require a request to
307	include:
308	a.  The name, address, e-mail address, and telephone number
309	of the party making the request and the name, address, and
310	telephone number of the party's counsel or qualified
311	representative upon whom service of pleadings and other papers
312	shall be made;
313	b.  A statement that the respondent is requesting an
314	administrative hearing and disputes the material facts alleged
315	by the petitioner, in which case the respondent shall identify
316	those material facts that are in dispute, or that the respondent
317	is requesting an administrative hearing and does not dispute the
318	material facts alleged by the petitioner; and
319	c.  A reference by file number to the administrative
320	complaint that the party has received from the agency and the
321	date on which the agency pleading was received.
322
323	The agency may provide an election-of-rights form for the
324	respondent's use in requesting a hearing, so long as any form
325	provided by the agency calls for the information in sub-
326	subparagraphs a. through c. and does not impose any additional
327	requirements on a respondent in order to request a hearing,
328	unless such requirements are specifically authorized by law.
329	6.  Uniform rules of procedure for the filing and prompt
330	disposition of petitions for declaratory statements. The rules
331	shall also describe the contents of the notices that must be
332	published in the Florida Administrative Weekly under s. 120.565,
333	including any applicable time limit for the filing of petitions
334	to intervene or petitions for administrative hearing by persons
335	whose substantial interests may be affected.
336	7.  Provision of a method by which each agency head shall
337	provide a description of the agency's organization and general
338	course of its operations. The rules shall require that the
339	statement concerning the agency's organization and operations be
340	published on the agency's website.
341	8.  Uniform rules establishing procedures for granting or
342	denying petitions for variances and waivers pursuant to s.
343	120.542.
344	Section 9.  Paragraph (b) of subsection (4) of section
345	57.111, Florida Statutes, is amended to read:
346	57.111  Civil actions and administrative proceedings
347	initiated by state agencies; attorneys' fees and costs.-
348	(4)
349	(b)1.  To apply for an award under this section, the
350	attorney for the prevailing small business party must submit an
351	itemized affidavit to the court which first conducted the
352	adversarial proceeding in the underlying action, or by
353	electronic means through the division's website to the Division
354	of Administrative Hearings which shall assign an administrative
355	law judge, in the case of a proceeding pursuant to chapter 120,
356	which affidavit shall reveal the nature and extent of the
357	services rendered by the attorney as well as the costs incurred
358	in preparations, motions, hearings, and appeals in the
359	proceeding.
360	2.  The application for an award of attorney's fees must be
361	made within 60 days after the date that the small business party
362	becomes a prevailing small business party.
363	Section 10.  Paragraphs (c) and (d) of subsection (1) of
364	section 120.56, Florida Statutes, are amended to read:
365	120.56  Challenges to rules.-
366	(1)  GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A
367	RULE OR A PROPOSED RULE.-
368	(c)  The petition shall be filed by electronic means with
369	the division which shall, immediately upon filing, forward by
370	electronic means copies to the agency whose rule is challenged,
371	the Department of State, and the committee. Within 10 days after
372	receiving the petition, the division director shall, if the
373	petition complies with the requirements of paragraph (b), assign
374	an administrative law judge who shall conduct a hearing within
375	30 days thereafter, unless the petition is withdrawn or a
376	continuance is granted by agreement of the parties or for good
377	cause shown. Evidence of good cause includes, but is not limited
378	to, written notice of an agency's decision to modify or withdraw
379	the proposed rule or a written notice from the chair of the
380	committee stating that the committee will consider an objection
381	to the rule at its next scheduled meeting. The failure of an
382	agency to follow the applicable rulemaking procedures or
383	requirements set forth in this chapter shall be presumed to be
384	material; however, the agency may rebut this presumption by
385	showing that the substantial interests of the petitioner and the
386	fairness of the proceedings have not been impaired.
387	(d)  Within 30 days after the hearing, the administrative
388	law judge shall render a decision and state the reasons therefor
389	in writing. The division shall forthwith transmit by electronic
390	means copies of the administrative law judge's decision to the
391	agency, the Department of State, and the committee.
392	Section 11.  Paragraph (a) of subsection (2) of section
393	120.569, Florida Statutes, is amended to read:
394	120.569  Decisions which affect substantial interests.-
395	(2)(a)  Except for any proceeding conducted as prescribed
396	in s. 120.56, a petition or request for a hearing under this
397	section shall be filed with the agency. If the agency requests
398	an administrative law judge from the division, it shall so
399	notify the division by electronic means through the division's
400	website within 15 days after receipt of the petition or request.
401	A request for a hearing shall be granted or denied within 15
402	days after receipt. On the request of any agency, the division
403	shall assign an administrative law judge with due regard to the
404	expertise required for the particular matter. The referring
405	agency shall take no further action with respect to a proceeding
406	under s. 120.57(1), except as a party litigant, as long as the
407	division has jurisdiction over the proceeding under s.
408	120.57(1). Any party may request the disqualification of the
409	administrative law judge by filing an affidavit with the
410	division prior to the taking of evidence at a hearing, stating
411	the grounds with particularity.
412	Section 12.  Paragraph (d) of subsection (3) of section
413	120.57, Florida Statutes, is amended to read:
414	120.57  Additional procedures for particular cases.-
415	(3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
416	CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter
417	shall use the uniform rules of procedure, which provide
418	procedures for the resolution of protests arising from the
419	contract solicitation or award process. Such rules shall at
420	least provide that:
421	(d)1.  The agency shall provide an opportunity to resolve
422	the protest by mutual agreement between the parties within 7
423	days, excluding Saturdays, Sundays, and state holidays, after
424	receipt of a formal written protest.
425	2.  If the subject of a protest is not resolved by mutual
426	agreement within 7 days, excluding Saturdays, Sundays, and state
427	holidays, after receipt of the formal written protest, and if
428	there is no disputed issue of material fact, an informal
429	proceeding shall be conducted pursuant to subsection (2) and
430	applicable agency rules before a person whose qualifications
431	have been prescribed by rules of the agency.
432	3.  If the subject of a protest is not resolved by mutual
433	agreement within 7 days, excluding Saturdays, Sundays, and state
434	holidays, after receipt of the formal written protest, and if
435	there is a disputed issue of material fact, the agency shall
436	refer the protest to the division by electronic means through
437	the division's website for proceedings under subsection (1).
438	Section 13.  Subsection (1) of section 552.40, Florida
439	Statutes, is amended to read:
440	552.40  Administrative remedy for alleged damage due to the
441	use of explosives in connection with construction materials
442	mining activities.-
443	(1)  A person may initiate an administrative proceeding to
444	recover damages resulting from the use of explosives in
445	connection with construction materials mining activities by
446	filing a petition with the Division of Administrative Hearings
447	by electronic means through the division's website on a form
448	provided by it and accompanied by a filing fee of $100 within
449	180 days after the occurrence of the alleged damage. If the
450	petitioner submits an affidavit stating that the petitioner's
451	annual income is less than 150 percent of the applicable federal
452	poverty guideline published in the Federal Register by the
453	United States Department of Health and Human Services, the $100
454	filing fee must be waived.
455	Section 14.  Paragraph (b) of subsection (4) of section
456	553.73, Florida Statutes, is amended to read:
457	553.73  Florida Building Code.-
458	(4)
459	(b)  Local governments may, subject to the limitations of
460	this section, adopt amendments to the technical provisions of
461	the Florida Building Code which apply solely within the
462	jurisdiction of such government and which provide for more
463	stringent requirements than those specified in the Florida
464	Building Code, not more than once every 6 months. A local
465	government may adopt technical amendments that address local
466	needs if:
467	1.  The local governing body determines, following a public
468	hearing which has been advertised in a newspaper of general
469	circulation at least 10 days before the hearing, that there is a
470	need to strengthen the requirements of the Florida Building
471	Code. The determination must be based upon a review of local
472	conditions by the local governing body, which review
473	demonstrates by evidence or data that the geographical
474	jurisdiction governed by the local governing body exhibits a
475	local need to strengthen the Florida Building Code beyond the
476	needs or regional variation addressed by the Florida Building
477	Code, that the local need is addressed by the proposed local
478	amendment, and that the amendment is no more stringent than
479	necessary to address the local need.
480	2.  Such additional requirements are not discriminatory
481	against materials, products, or construction techniques of
482	demonstrated capabilities.
483	3.  Such additional requirements may not introduce a new
484	subject not addressed in the Florida Building Code.
485	4.  The enforcing agency shall make readily available, in a
486	usable format, all amendments adopted pursuant to this section.
487	5.  Any amendment to the Florida Building Code shall be
488	transmitted within 30 days by the adopting local government to
489	the commission. The commission shall maintain copies of all such
490	amendments in a format that is usable and obtainable by the
491	public. Local technical amendments shall not become effective
492	until 30 days after the amendment has been received and
493	published by the commission.
494	6.  Any amendment to the Florida Building Code adopted by a
495	local government pursuant to this paragraph shall be effective
496	only until the adoption by the commission of the new edition of
497	the Florida Building Code every third year. At such time, the
498	commission shall review such amendment for consistency with the
499	criteria in paragraph (9)(a) and adopt such amendment as part of
500	the Florida Building Code or rescind the amendment. The
501	commission shall immediately notify the respective local
502	government of the rescission of any amendment. After receiving
503	such notice, the respective local government may readopt the
504	rescinded amendment pursuant to the provisions of this
505	paragraph.
506	7.  Each county and municipality desiring to make local
507	technical amendments to the Florida Building Code shall by
508	interlocal agreement establish a countywide compliance review
509	board to review any amendment to the Florida Building Code,
510	adopted by a local government within the county pursuant to this
511	paragraph, that is challenged by any substantially affected
512	party for purposes of determining the amendment's compliance
513	with this paragraph. If challenged, the local technical
514	amendments shall not become effective until time for filing an
515	appeal pursuant to subparagraph 8. has expired or, if there is
516	an appeal, until the commission issues its final order
517	determining the adopted amendment is in compliance with this
518	subsection.
519	8.  If the compliance review board determines such
520	amendment is not in compliance with this paragraph, the
521	compliance review board shall notify such local government of
522	the noncompliance and that the amendment is invalid and
523	unenforceable until the local government corrects the amendment
524	to bring it into compliance. The local government may appeal the
525	decision of the compliance review board to the commission. If
526	the compliance review board determines such amendment to be in
527	compliance with this paragraph, any substantially affected party
528	may appeal such determination to the commission. Any such appeal
529	shall be filed with the commission within 14 days of the board's
530	written determination. The commission shall promptly refer the
531	appeal to the Division of Administrative Hearings by electronic
532	means through the division's website for the assignment of an
533	administrative law judge. The administrative law judge shall
534	conduct the required hearing within 30 days, and shall enter a
535	recommended order within 30 days of the conclusion of such
536	hearing. The commission shall enter a final order within 30 days
537	thereafter. The provisions of chapter 120 and the uniform rules
538	of procedure shall apply to such proceedings. The local
539	government adopting the amendment that is subject to challenge
540	has the burden of proving that the amendment complies with this
541	paragraph in proceedings before the compliance review board and
542	the commission, as applicable. Actions of the commission are
543	subject to judicial review pursuant to s. 120.68. The compliance
544	review board shall determine whether its decisions apply to a
545	respective local jurisdiction or apply countywide.
546	9.  An amendment adopted under this paragraph shall include
547	a fiscal impact statement which documents the costs and benefits
548	of the proposed amendment. Criteria for the fiscal impact
549	statement shall include the impact to local government relative
550	to enforcement, the impact to property and building owners, as
551	well as to industry, relative to the cost of compliance. The
552	fiscal impact statement may not be used as a basis for
553	challenging the amendment for compliance.
554	10.  In addition to subparagraphs 7. and 9., the commission
555	may review any amendments adopted pursuant to this subsection
556	and make nonbinding recommendations related to compliance of
557	such amendments with this subsection.
558	Section 15.  Paragraph (b) of subsection (4) of section
559	961.03, Florida Statutes, is amended to read:
560	961.03  Determination of status as a wrongfully
561	incarcerated person; determination of eligibility for
562	compensation.-
563	(4)
564	(b)  If the prosecuting authority responds as set forth in
565	paragraph (2)(b), and the court determines that the petitioner
566	is eligible under the provisions of s. 961.04, but the
567	prosecuting authority contests the nature, significance or
568	effect of the evidence of actual innocence, or the facts related
569	to the petitioner's alleged wrongful incarceration, the court
570	shall set forth its findings and transfer the petition by
571	electronic means through the division's website to the division
572	for findings of fact and a recommended determination of whether
573	the petitioner has established that he or she is a wrongfully
574	incarcerated person who is eligible for compensation under this
575	act.
576	Section 16.  This act shall take effect July 1, 2011.

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