December 03, 2020
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HB 1747CS

CHAMBER ACTION




1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to administrative procedures; amending s.
711.60, F.S.; revising duties of the Administrative
8Procedures Committee with respect to its review of
9statutes; amending s. 57.111, F.S.; redefining the term
10"small business" to include certain specified individuals
11whose net worth does not exceed a specified amount;
12amending s. 120.54, F.S.; requiring an agency to file a
13notice of change with the Administrative Procedures
14Committee; revising times for filing rules for adoption;
15providing for the form and provisions of bonds; revising
16applicability of certain uniform rules; amending s.
17120.55, F.S.; requiring that certain information be
18included in forms incorporated by reference in rules;
19requiring information to be published electronically on an
20Internet website; providing that such publication does not
21preclude other publications; providing additional duties
22of the Department of State with respect to publications;
23providing requirements for the Internet website; amending
24s. 120.551, F.S.; postponing the repeal of this section,
25relating to Internet publication; amending s. 120.56,
26F.S.; revising provisions relating to withdrawal of
27challenged rules; amending s. 120.569, F.S.; prescribing
28circumstances under which the time for filing a petition
29for hearing must be extended; amending s. 120.57, F.S.;
30requiring a final order to include an explicit ruling on
31each exception to the recommended order; providing when
32certain orders become effective; requiring that additional
33information be included in notices relating to protests of
34contract solicitations or awards; amending s. 120.65,
35F.S.; requiring the Division of Administrative Hearings to
36include certain recommendations in its annual report to
37the Administrative Procedures Committee; amending s.
38120.74, F.S.; requiring agency reports to be filed with
39the Administrative Procedures Committee; requiring that
40the annual report filed by an agency identify the types of
41cases or disputes in which it is involved which should be
42conducted under the summary hearing process; amending s.
43120.80, F.S.; requiring that the commission refer certain
44matters affecting the substantial interest of a utility to
45the Division of Administrative Hearings so that an
46administrative judge may be assigned to conduct a hearing
47and enter a recommended order; requiring the Department of
48State to provide certain assistance to agencies in their
49transition to publishing on the Florida Administrative
50Weekly Internet website; providing effective dates.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Subsection (4) of section 11.60, Florida
55Statutes, is amended to read:
56     11.60  Administrative Procedures Committee; creation;
57membership; powers; duties.--
58     (4)  The committee shall undertake and maintain a
59systematic and continuous review of statutes that authorize
60agencies to adopt rules and shall make recommendations to the
61appropriate standing committees of the Senate and the House of
62Representatives as to the advisability of considering changes to
63the delegated legislative authority to adopt rules in specific
64circumstances. The annual report submitted pursuant to paragraph
65(2)(f) shall include a schedule for the required systematic
66review of existing statutes, a summary of the status of this
67review, and any recommendations provided to the standing
68committees during the preceding year.
69     Section 2.  Paragraph (d) of subsection (3) of section
7057.111, Florida Statutes, is amended to read:
71     57.111  Civil actions and administrative proceedings
72initiated by state agencies; attorneys' fees and costs.--
73     (3)  As used in this section:
74     (d)  The term "small business party" means:
75     1.a.  A sole proprietor of an unincorporated business,
76including a professional practice, whose principal office is in
77this state, who is domiciled in this state, and whose business
78or professional practice has, at the time the action is
79initiated by a state agency, not more than 25 full-time
80employees or a net worth of not more than $2 million, including
81both personal and business investments; or
82     b.  A partnership or corporation, including a professional
83practice, which has its principal office in this state and has
84at the time the action is initiated by a state agency not more
85than 25 full-time employees or a net worth of not more than $2
86million; or
87     c.  An individual whose net worth did not exceed $2 million
88at the time the action is initiated by a state agency, including
89a sole shareholder of a subchapter S corporation, an individual
90working for a corporation when the individual and the
91corporation are one and the same entity, an employee of a
92private or governmental entity who is forced to litigate against
93agency action, or an individual when an action is brought
94against that individual's license to operate; or
95     d.  Any other person whose net worth did not exceed $2
96million at the time the action is initiated by a state agency;
97or
98     2.  Any Either small business party as defined in
99subparagraph 1., without regard to the number of its employees
100or its net worth, in any action under s. 72.011 or in any
101administrative proceeding under that section to contest the
102legality of any assessment of tax imposed for the sale or use of
103services as provided in chapter 212, or interest thereon, or
104penalty therefor.
105     Section 3.  Paragraphs (d) and (e) of subsection (3) and
106paragraph (b) of subsection (5) of section 120.54, Florida
107Statutes, are amended to read:
108     120.54  Rulemaking.--
109     (3)  ADOPTION PROCEDURES.--
110     (d)  Modification or withdrawal of proposed rules.--
111     1.  After the final public hearing on the proposed rule, or
112after the time for requesting a hearing has expired, if the rule
113has not been changed from the rule as previously filed with the
114committee, or contains only technical changes, the adopting
115agency shall file a notice to that effect with the committee at
116least 7 days prior to filing the rule for adoption.  Any change,
117other than a technical change that does not affect the substance
118of the rule, must be supported by the record of public hearings
119held on the rule, must be in response to written material
120received on or before the date of the final public hearing, or
121must be in response to a proposed objection by the committee. In
122addition, when any change is made in a proposed rule, other than
123a technical change, the adopting agency shall provide a copy of
124a notice of change by certified mail or actual delivery to any
125person who requests it in writing no later than 21 days after
126the notice required in paragraph (a). The agency shall file the
127notice of change with the committee, along with the reasons for
128the such change, and provide the notice of change to persons
129requesting it, at least 21 days prior to filing the rule for
130adoption. The notice of change shall be published in the Florida
131Administrative Weekly at least 21 days prior to filing the rule
132for adoption.  This subparagraph does not apply to emergency
133rules adopted pursuant to subsection (4).
134     2.  After the notice required by paragraph (a) and prior to
135adoption, the agency may withdraw the rule in whole or in part.
136     3.  After adoption and before the effective date, a rule
137may be modified or withdrawn only in response to an objection by
138the committee or may be modified to extend the effective date by
139not more than 60 days when the committee has notified the agency
140that an objection to the rule is being considered.
141     4.  The agency shall give notice of its decision to
142withdraw or modify a rule in the first available issue of the
143publication in which the original notice of rulemaking was
144published, shall notify those persons described in subparagraph
145(a)3. in accordance with the requirements of that subparagraph,
146and shall notify the Department of State if the rule is required
147to be filed with the Department of State.
148     5.  After a rule has become effective, it may be repealed
149or amended only through the rulemaking procedures specified in
150this chapter.
151     (e)  Filing for final adoption; effective date.--
152     1.  If the adopting agency is required to publish its rules
153in the Florida Administrative Code, it shall file with the
154Department of State three certified copies of the rule it
155proposes to adopt, a summary of the rule, a summary of any
156hearings held on the rule, and a detailed written statement of
157the facts and circumstances justifying the rule. Agencies not
158required to publish their rules in the Florida Administrative
159Code shall file one certified copy of the proposed rule, and the
160other material required by this subparagraph, in the office of
161the agency head, and such rules shall be open to the public.
162     2.  A rule may not be filed for adoption less than 28 days
163or more than 90 days after the notice required by paragraph (a),
164until 21 days after the notice required by paragraph (d), until
16514 days after the final public hearing, until 21 days after
166preparation of a statement of estimated regulatory costs
167required under s. 120.541, or until the administrative law judge
168has rendered a decision under s. 120.56(2), whichever applies.
169Filings shall be made no less than 28 days nor more than 90 days
170after the notice required by paragraph (a). When a required
171notice of change is published prior to the expiration of the
172time to file the rule for adoption, the period during which a
173rule must be filed for adoption is extended to 45 days after the
174date of publication. If notice of a public hearing is published
175prior to the expiration of the time to file the rule for
176adoption, the period during which a rule must be filed for
177adoption is extended to 45 days after adjournment of the final
178hearing on the rule, 21 days after receipt of all material
179authorized to be submitted at the hearing, or 21 days after
180receipt of the transcript, if one is made, whichever is latest.
181The term "public hearing" includes any public meeting held by
182any agency at which the rule is considered.  The filing of a
183petition for an administrative determination under the
184provisions of s. 120.56(2) shall toll the applicable 90-day
185period during which a rule must be filed for adoption until 30
186days after rendition of the final order or until judicial review
187of the final order is complete the administrative law judge has
188filed the final order with the clerk.
189     3.  At the time a rule is filed, the agency shall certify
190that the time limitations prescribed by this paragraph have been
191complied with, that all statutory rulemaking requirements have
192been met, and that there is no administrative determination
193pending on the rule. For the purposes of this paragraph, the
194term "administrative determination" does not include subsequent
195judicial review.
196     4.  At the time a rule is filed, the committee shall
197certify whether the agency has responded in writing to all
198material and timely written comments or written inquiries made
199on behalf of the committee. The department shall reject any rule
200not filed within the prescribed time limits; that does not
201satisfy all statutory rulemaking requirements; upon which an
202agency has not responded in writing to all material and timely
203written inquiries or written comments; upon which an
204administrative determination is pending; or which does not
205include a statement of estimated regulatory costs, if required.
206     5.  If a rule has not been adopted within the time limits
207imposed by this paragraph or has not been adopted in compliance
208with all statutory rulemaking requirements, the agency proposing
209the rule shall withdraw the rule and give notice of its action
210in the next available issue of the Florida Administrative
211Weekly.
212     6.  The proposed rule shall be adopted on being filed with
213the Department of State and become effective 20 days after being
214filed, on a later date specified in the rule, or on a date
215required by statute. Rules not required to be filed with the
216Department of State shall become effective when adopted by the
217agency head or on a later date specified by rule or statute. If
218the committee notifies an agency that an objection to a rule is
219being considered, the agency may postpone the adoption of the
220rule to accommodate review of the rule by the committee.  When
221an agency postpones adoption of a rule to accommodate review by
222the committee, the 90-day period for filing the rule is tolled
223until the committee notifies the agency that it has completed
224its review of the rule.
225     (5)  UNIFORM RULES.--
226     (b)  The uniform rules of procedure adopted by the
227commission pursuant to this subsection shall include, but are
228not limited to:
229     1.  Uniform rules for the scheduling of public meetings,
230hearings, and workshops.
231     2.  Uniform rules for use by each state agency that provide
232procedures for conducting public meetings, hearings, and
233workshops, and for taking evidence, testimony, and argument at
234such public meetings, hearings, and workshops, in person and by
235means of communications media technology. The rules shall
236provide that all evidence, testimony, and argument presented
237shall be afforded equal consideration, regardless of the method
238of communication. If a public meeting, hearing, or workshop is
239to be conducted by means of communications media technology, or
240if attendance may be provided by such means, the notice shall so
241state. The notice for public meetings, hearings, and workshops
242utilizing communications media technology shall state how
243persons interested in attending may do so and shall name
244locations, if any, where communications media technology
245facilities will be available. Nothing in this paragraph shall be
246construed to diminish the right to inspect public records under
247chapter 119. Limiting points of access to public meetings,
248hearings, and workshops subject to the provisions of s. 286.011
249to places not normally open to the public shall be presumed to
250violate the right of access of the public, and any official
251action taken under such circumstances is void and of no effect.
252Other laws relating to public meetings, hearings, and workshops,
253including penal and remedial provisions, shall apply to public
254meetings, hearings, and workshops conducted by means of
255communications media technology, and shall be liberally
256construed in their application to such public meetings,
257hearings, and workshops.  As used in this subparagraph,
258"communications media technology" means the electronic
259transmission of printed matter, audio, full-motion video,
260freeze-frame video, compressed video, and digital video by any
261method available.
262     3.  Uniform rules of procedure for the filing of notice of
263protests and formal written protests. The Administration
264Commission may prescribe the form and substantive provisions of
265a required bond.
266     4.  Uniform rules of procedure for the filing of petitions
267for administrative hearings pursuant to s. 120.569 or s. 120.57.
268For all actions other than agency enforcement and disciplinary
269actions against a licensee or other person, such rules shall
270require the petition to include:
271     a.  The identification of the petitioner.
272     b.  A statement of when and how the petitioner received
273notice of the agency's action or proposed action.
274     c.  An explanation of how the petitioner's substantial
275interests are or will be affected by the action or proposed
276action.
277     d.  A statement of all material facts disputed by the
278petitioner or a statement that there are no disputed facts.
279     e.  A statement of the ultimate facts alleged, including a
280statement of the specific facts the petitioner contends warrant
281reversal or modification of the agency's proposed action.
282     f.  A statement of the specific rules or statutes that the
283petitioner contends require reversal or modification of the
284agency's proposed action, including an explanation of how the
285alleged facts relate to the specific rules or statutes.
286     g.  A statement of the relief sought by the petitioner,
287stating precisely the action petitioner wishes the agency to
288take with respect to the proposed action.
289     5.  Uniform rules of procedure for the filing and prompt
290disposition of petitions for declaratory statements. The rules
291shall also describe the contents of the notices that must be
292published in the Florida Administrative Weekly under s. 120.565,
293including any applicable time limit for the filing of petitions
294to intervene or petitions for administrative hearing by persons
295whose substantial interests may be affected.
296     6.  Provision of a method by which each agency head shall
297provide a description of the agency's organization and general
298course of its operations.
299     7.  Uniform rules establishing procedures for granting or
300denying petitions for variances and waivers pursuant to s.
301120.542.
302     Section 4.  Effective December 31, 2006, section 120.55,
303Florida Statutes, is amended to read:
304     120.55  Publication.--
305     (1)  The Department of State shall:
306     (a)1.  Through a continuous revision system, compile and
307publish the "Florida Administrative Code." The Florida
308Administrative Code shall contain all rules adopted by each
309agency, citing the specific rulemaking authority pursuant to
310which each rule was adopted, all history notes as authorized in
311s. 120.545(9), and complete indexes to all rules contained in
312the code. Supplementation shall be made as often as practicable,
313but at least monthly.  The department may contract with a
314publishing firm for the publication, in a timely and useful
315form, of the Florida Administrative Code; however, the
316department shall retain responsibility for the code as provided
317in this section.  This publication shall be the official
318compilation of the administrative rules of this state. The
319Department of State shall retain the copyright over the Florida
320Administrative Code.
321     2.  Rules general in form but applicable to only one school
322district, community college district, or county, or a part
323thereof, or state university rules relating to internal
324personnel or business and finance shall not be published in the
325Florida Administrative Code. Exclusion from publication in the
326Florida Administrative Code shall not affect the validity or
327effectiveness of such rules.
328     3.  At the beginning of the section of the code dealing
329with an agency that files copies of its rules with the
330department, the department shall publish the address and
331telephone number of the executive offices of each agency, the
332manner by which the agency indexes its rules, a listing of all
333rules of that agency excluded from publication in the code, and
334a statement as to where those rules may be inspected.
335     4.  Forms shall not be published in the Florida
336Administrative Code; but any form which an agency uses in its
337dealings with the public, along with any accompanying
338instructions, shall be filed with the committee before it is
339used. Any form or instruction which meets the definition of
340"rule" provided in s. 120.52 shall be incorporated by reference
341into the appropriate rule.  The reference shall specifically
342state that the form is being incorporated by reference and shall
343include the number, title, and effective date of the form and an
344explanation of how the form may be obtained. Each form created
345by an agency which is incorporated by reference in a rule notice
346of which is given under s. 120.54(3)(a) after December 31, 2006,
347must clearly display the number, title, and effective date of
348the form and the number of the rule in which the form is
349incorporated.
350     (b)  Electronically publish on an Internet website managed
351by the department a weekly publication entitled the "Florida
352Administrative Weekly," which shall serve as the official
353Internet website for such publication and must contain:
354     1.  Notice of adoption of, and an index to, all rules filed
355during the preceding week.
356     2.  All notices required by s. 120.54(3)(a), showing the
357text of all rules proposed for consideration or a reference to
358the location in the Florida Administrative Weekly where the text
359of the proposed rules is published.
360     3.  All notices of public meetings, hearings, and workshops
361conducted in accordance with the provisions of s. 120.525,
362including a statement of the manner in which a copy of the
363agenda may be obtained.
364     4.  A notice of each request for authorization to amend or
365repeal an existing uniform rule or for the adoption of new
366uniform rules.
367     5.  Notice of petitions for declaratory statements or
368administrative determinations.
369     6.  A summary of each objection to any rule filed by the
370Administrative Procedures Committee during the preceding week.
371     7.  A cumulative list of all rules that have been proposed
372but not filed for adoption.
373     8.7.  Any other material required or authorized by law or
374deemed useful by the department.
375
376The department shall publish a printed version of the Florida
377Administrative Weekly and make copies available on an annual
378subscription basis. The department may contract with a
379publishing firm for printed publication of the Florida
380Administrative Weekly.
381     (c)  Review notices for compliance with format and
382numbering requirements before publishing them on the Florida
383Administrative Weekly Internet website.
384     (d)(c)  Prescribe by rule the style and form required for
385rules submitted for filing and establish the form for their
386certification.
387     (e)(d)  Correct grammatical, typographical, and like errors
388not affecting the construction or meaning of the rules, after
389having obtained the advice and consent of the appropriate
390agency, and insert history notes.
391     (e)  Make copies of the Florida Administrative Weekly
392available on an annual subscription basis computed to cover a
393pro rata share of 50 percent of the costs related to the
394publication of the Florida Administrative Weekly.
395     (f)  Charge each agency using the Florida Administrative
396Weekly a space rate computed to cover a pro rata share of 50
397percent of the costs related to the Florida Administrative
398Weekly and the Florida Administrative Code.
399     (g)  Maintain a permanent record of all notices published
400in the Florida Administrative Weekly.
401     (2)  The Florida Administrative Weekly Internet website
402must allow users to:
403     (a)  Search for notices by type, publication date, rule
404number, word, subject, and agency;
405     (b)  Search a database that makes available all notices
406published on the website for a period of at least 5 years;
407     (c)  Subscribe to an automated e-mail notification of
408selected notices;
409     (d)  View agency forms incorporated by reference in
410proposed rules; and
411     (e)  Comment on proposed rules.
412     (3)  Publication of material required by paragraph (1)(b)
413on the Florida Administrative Weekly Internet website does not
414preclude publication of such material on an agency's website or
415by other means.
416     (4)(2)  Each agency shall provide copies of its rules upon
417request, with citations to the grant of rulemaking authority and
418the specific law implemented for each rule print or distribute
419copies of its rules, citing the specific rulemaking authority
420pursuant to which each rule was adopted.
421     (5)(3)  Any publication of a proposed rule promulgated by
422an agency, whether published in the Florida Administrative Code
423or elsewhere, shall include, along with the rule, the name of
424the person or persons originating such rule, the name of the
425supervisor or person who approved the rule, and the date upon
426which the rule was approved.
427     (6)  Access to the Florida Administrative Weekly Internet
428website and its contents, including the e-mail notification
429service, shall be free for the public.
430     (7)(a)(4)(a)  Each year the Department of State shall
431furnish the Florida Administrative Weekly, without charge and
432upon request, as follows:
433     1.  One subscription to each federal and state court having
434jurisdiction over the residents of the state; the Legislative
435Library; each state university library; the State Library; each
436depository library designated pursuant to s. 257.05; and each
437standing committee of the Senate and House of Representatives
438and each state legislator.
439     2.  Two subscriptions to each state department.
440     3.  Three subscriptions to the library of the Supreme Court
441of Florida, the library of each state district court of appeal,
442the division, the library of the Attorney General, each law
443school library in Florida, the Secretary of the Senate, and the
444Clerk of the House of Representatives.
445     4.  Ten subscriptions to the committee.
446     (b)  The Department of State shall furnish one copy of the
447Florida Administrative Weekly, at no cost, to each clerk of the
448circuit court and each state department, for posting for public
449inspection.
450     (8)(5)(a)  All fees and moneys collected by the Department
451of State under this chapter shall be deposited in the Records
452Management Trust Fund for the purpose of paying for the
453publication and distribution of the Florida Administrative Code
454and the Florida Administrative Weekly and for associated costs
455incurred by the department in carrying out this chapter.
456     (b)  The unencumbered balance in the Records Management
457Trust Fund for fees collected pursuant to this chapter may shall
458not exceed $300,000 at the beginning of each fiscal year, and
459any excess shall be transferred to the General Revenue Fund.
460     (c)  It is the intent of the Legislature that the Florida
461Administrative Weekly be supported entirely from funds collected
462for subscriptions to and advertisements in the Florida
463Administrative Weekly.
464     Section 5.  Subsection (3) of section 120.551, Florida
465Statutes, is amended to read:
466     120.551  Internet publication.--
467     (3)  This section is repealed effective December 31, 2006
468July 1, 2005, unless reviewed and reenacted by the Legislature
469before that date.
470     Section 6.  Paragraph (b) of subsection (2) of section
471120.56, Florida Statutes, is amended to read:
472     120.56  Challenges to rules.--
473     (2)  CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.--
474     (b)  The administrative law judge may declare the proposed
475rule wholly or partly invalid. Unless the decision of the
476administrative law judge is reversed on appeal, the proposed
477rule or provision of a proposed rule declared invalid shall be
478withdrawn by the adopting agency and shall not be adopted. No
479rule shall be filed for adoption until 28 days after the notice
480required by s. 120.54(3)(a), until 21 days after the notice
481required by s. 120.54(3)(d), until 14 days after the public
482hearing, until 21 days after preparation of a statement of
483estimated regulatory costs required pursuant to s. 120.541, or
484until the administrative law judge has rendered a decision,
485whichever applies. However, the agency may proceed with all
486other steps in the rulemaking process, including the holding of
487a factfinding hearing. In the event part of a proposed rule is
488declared invalid, the adopting agency may, in its sole
489discretion, withdraw the proposed rule in its entirety. The
490agency whose proposed rule has been declared invalid in whole or
491part shall give notice of the decision in the first available
492issue of the Florida Administrative Weekly.
493     Section 7.  Paragraph (c) of subsection (2) of section
494120.569, Florida Statutes, is amended to read:
495     120.569  Decisions which affect substantial interests.--
496     (2)
497     (c)  Unless otherwise provided by law, a petition or
498request for hearing shall include those items required by the
499uniform rules adopted pursuant to s. 120.54(5)(b)4.  Upon the
500receipt of a petition or request for hearing, the agency shall
501carefully review the petition to determine if it contains all of
502the required information.  A petition shall be dismissed if it
503is not in substantial compliance with these requirements or it
504has been untimely filed.  Dismissal of a petition shall, at
505least once, be without prejudice to petitioner's filing a timely
506amended petition curing the defect, unless it conclusively
507appears from the face of the petition that the defect cannot be
508cured.  The agency shall promptly give written notice to all
509parties of the action taken on the petition, shall state with
510particularity its reasons if the petition is not granted, and
511shall state the deadline for filing an amended petition if
512applicable. The time for filing a petition shall be extended if
513the petitioner has been misled or lulled into inaction, has in
514some extraordinary way been prevented from asserting his or her
515rights, or has timely asserted his or her rights mistakenly in
516the wrong forum.
517     Section 8.  Paragraphs (k) and (m) of subsection (1) and
518paragraph (a) of subsection (3) of section 120.57, Florida
519Statutes, are amended to read:
520     120.57  Additional procedures for particular cases.--
521     (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING
522DISPUTED ISSUES OF MATERIAL FACT.--
523     (k)  The presiding officer shall complete and submit to the
524agency and all parties a recommended order consisting of
525findings of fact, conclusions of law, and recommended
526disposition or penalty, if applicable, and any other information
527required by law to be contained in the final order. All
528proceedings conducted under pursuant to this subsection shall be
529de novo. The agency shall allow each party 15 days in which to
530submit written exceptions to the recommended order. The final
531order shall include an explicit ruling on each exception, but an
532agency need not rule on an exception that does not clearly
533identify the disputed portion of the recommended order by page
534number or paragraph, that does not identify the legal basis for
535the exception, or that does not include appropriate and specific
536citations to the record.
537     (m)  If a recommended order is submitted to an agency, the
538agency shall provide a copy of its final order and any
539exceptions to the division within 15 days after the order is
540filed with the agency clerk. In these cases, the final order
541does not become effective until it is provided to the division.
542     (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
543CONTRACT SOLICITATION OR AWARD.--Agencies subject to this
544chapter shall use the uniform rules of procedure, which provide
545procedures for the resolution of protests arising from the
546contract solicitation or award process. Such rules shall at
547least provide that:
548     (a)  The agency shall provide notice of a decision or
549intended decision concerning a solicitation, contract award, or
550exceptional purchase by electronic posting. This notice shall
551contain the following statement: "Failure to file a protest
552within the time prescribed in section 120.57(3), Florida
553Statutes, or failure to post the bond or other security required
554by law within the time allowed for filing a bond shall
555constitute a waiver of proceedings under chapter 120, Florida
556Statutes."
557     Section 9.  Paragraph (c) is added to subsection (10) of
558section 120.65, Florida Statutes, to read:
559     120.65  Administrative law judges.--
560     (10)  Not later than February 1 of each year, the division
561shall issue a written report to the Administrative Procedures
562Committee and the Administration Commission, including at least
563the following information:
564     (c)  Recommendations as to those types of cases or disputes
565which should be conducted under the summary hearing process
566described in s. 120.574.
567     Section 10.  Subsection (2) of section 120.74, Florida
568Statutes, is amended to read:
569     120.74  Agency review, revision, and report.--
570     (2)  Beginning October 1, 1997, and by October 1 of every
571other year thereafter, the head of each agency shall file a
572report with the President of the Senate, and the Speaker of the
573House of Representatives, and the committee, with a copy to each
574appropriate standing committee of the Legislature, which
575certifies that the agency has complied with the requirements of
576this subsection. The report must specify any changes made to its
577rules as a result of the review and, when appropriate, recommend
578statutory changes that will promote efficiency, reduce
579paperwork, or decrease costs to government and the private
580sector. The report must identify the types of cases or disputes
581in which the agency is involved which should be conducted under
582the summary hearing process described in s. 120.574.
583     Section 11.  Paragraph (g) is added to subsection (13) of
584section 120.80, Florida Statutes, to read:
585     120.80  Exceptions and special requirements; agencies.--
586     (13)  FLORIDA PUBLIC SERVICE COMMISSION.--
587     (g)  When the Public Service Commission initiates an agency
588action affecting the substantial interest of a utility regulated
589under chapter 367 concerning any matter pertaining to s.
590120.60(5) and a formal administrative hearing is requested under
591s. 120.57, the commission shall refer the matter to the division
592for the assignment of an administrative law judge to conduct the
593hearing and enter a recommended order.
594     Section 12.  The Department of State shall, before December
59531, 2006, make available, to all agencies required on the
596effective date of this act to publish materials in the Florida
597Administrative Weekly, training courses for the purpose of
598assisting the agencies with their transition to publishing on
599the Florida Administrative Weekly Internet website. The training
600courses may be provided in the form of workshops or software
601packages that allow self-training by agency personnel.
602     Section 13.  Except as otherwise expressly provided in this
603act, this act shall take effect July 1, 2005.


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