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Senate Bill 1010

Senate Bill sb1010c2

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    By the Committees on Judiciary; Governmental Oversight and
    Productivity; and Senators Bennett and Dockery




    590-1865-05

  1                      A bill to be entitled

  2         An act relating to administrative procedures;

  3         amending s. 11.60, F.S.; revising duties of the

  4         Administrative Procedures Committee with

  5         respect to its review of statutes; amending s.

  6         57.111, F.S.; redefining the term "small

  7         business" to include certain specified

  8         individuals whose net worth does not exceed a

  9         specified amount; amending s. 120.54, F.S.;

10         requiring an agency to file a notice of change

11         with the Administrative Procedures Committee;

12         revising times for filing rules for adoption;

13         providing for the form and provisions of bonds;

14         revising applicability of certain uniform

15         rules; amending s. 120.55, F.S.; requiring that

16         certain information be included in forms

17         incorporated by reference in rules; requiring

18         information to be published electronically on

19         an Internet website; providing that such

20         publication does not preclude other

21         publications; providing additional duties of

22         the Department of State with respect to

23         publications; providing requirements for the

24         Internet website; amending s. 120.551, F.S.;

25         postponing the repeal of this section, relating

26         to Internet publication; amending s. 120.56,

27         F.S.; revising provisions relating to

28         withdrawal of challenged rules; amending s.

29         120.569, F.S.; prescribing circumstances under

30         which the time for filing a petition for

31         hearing must be extended; amending s. 120.57,

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 1         F.S.; requiring a final order to include an

 2         explicit ruling on each exception to the

 3         recommended order; providing when certain

 4         orders become effective; requiring that

 5         additional information be included in notices

 6         relating to protests of contract solicitations

 7         or awards; amending s. 120.65, F.S.; requiring

 8         the Division of Administrative Hearings to

 9         include certain recommendations in its annual

10         report to the Administrative Procedures

11         Committee; amending s. 120.74, F.S.; requiring

12         agency reports to be filed with the

13         Administrative Procedures Committee; requiring

14         that the annual report filed by an agency

15         identify the types of cases or disputes in

16         which it is involved which should be conducted

17         under the summary hearing process; requiring

18         the Department of State to provide certain

19         assistance to agencies in their transition to

20         publishing on the Florida Administrative Weekly

21         Internet website; providing effective dates.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsection (4) of section 11.60, Florida

26  Statutes, is amended to read:

27         11.60  Administrative Procedures Committee; creation;

28  membership; powers; duties.--

29         (4)  The committee shall undertake and maintain a

30  systematic and continuous review of statutes that authorize

31  agencies to adopt rules and shall make recommendations to the

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 1  appropriate standing committees of the Senate and the House of

 2  Representatives as to the advisability of considering changes

 3  to the delegated legislative authority to adopt rules in

 4  specific circumstances. The annual report submitted pursuant

 5  to paragraph (2)(f) shall include a schedule for the required

 6  systematic review of existing statutes, a summary of the

 7  status of this review, and any recommendations provided to the

 8  standing committees during the preceding year.

 9         Section 2.  Paragraph (d) of subsection (3) of section

10  57.111, Florida Statutes, is amended to read:

11         57.111  Civil actions and administrative proceedings

12  initiated by state agencies; attorneys' fees and costs.--

13         (3)  As used in this section:

14         (d)  The term "small business party" means:

15         1.a.  A sole proprietor of an unincorporated business,

16  including a professional practice, whose principal office is

17  in this state, who is domiciled in this state, and whose

18  business or professional practice has, at the time the action

19  is initiated by a state agency, not more than 25 full-time

20  employees or a net worth of not more than $2 million,

21  including both personal and business investments; or

22         b.  A partnership or corporation, including a

23  professional practice, which has its principal office in this

24  state and has at the time the action is initiated by a state

25  agency not more than 25 full-time employees or a net worth of

26  not more than $2 million; or

27         c.  An individual whose net worth did not exceed $2

28  million at the time the action is initiated by a state agency,

29  including a sole shareholder of a subchapter S corporation, an

30  individual working for a corporation when the individual and

31  the corporation are one and the same entity, employees of a

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 1  private or governmental entity who is forced to litigate

 2  against state agency action taken against the entity, or an

 3  individual when an action is brought against that individual's

 4  license to operate; or

 5         d.  Any other person whose net worth did not exceed $2

 6  million at the time the action is initiated by a state agency;

 7  or

 8         2.  Any Either small business party as defined in

 9  subparagraph 1., without regard to the number of its employees

10  or its net worth, in any action under s. 72.011 or in any

11  administrative proceeding under that section to contest the

12  legality of any assessment of tax imposed for the sale or use

13  of services as provided in chapter 212, or interest thereon,

14  or penalty therefor.

15         Section 3.  Paragraphs (d) and (e) of subsection (3)

16  and paragraph (b) of subsection (5) of section 120.54, Florida

17  Statutes, are amended to read:

18         120.54  Rulemaking.--

19         (3)  ADOPTION PROCEDURES.--

20         (d)  Modification or withdrawal of proposed rules.--

21         1.  After the final public hearing on the proposed

22  rule, or after the time for requesting a hearing has expired,

23  if the rule has not been changed from the rule as previously

24  filed with the committee, or contains only technical changes,

25  the adopting agency shall file a notice to that effect with

26  the committee at least 7 days prior to filing the rule for

27  adoption.  Any change, other than a technical change that does

28  not affect the substance of the rule, must be supported by the

29  record of public hearings held on the rule, must be in

30  response to written material received on or before the date of

31  the final public hearing, or must be in response to a proposed

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 1  objection by the committee. In addition, when any change is

 2  made in a proposed rule, other than a technical change, the

 3  adopting agency shall provide a copy of a notice of change by

 4  certified mail or actual delivery to any person who requests

 5  it in writing no later than 21 days after the notice required

 6  in paragraph (a). The agency shall file the notice of change

 7  with the committee, along with the reasons for the such

 8  change, and provide the notice of change to persons requesting

 9  it, at least 21 days prior to filing the rule for adoption.

10  The notice of change shall be published in the Florida

11  Administrative Weekly at least 21 days prior to filing the

12  rule for adoption.  This subparagraph does not apply to

13  emergency rules adopted pursuant to subsection (4).

14         2.  After the notice required by paragraph (a) and

15  prior to adoption, the agency may withdraw the rule in whole

16  or in part.

17         3.  After adoption and before the effective date, a

18  rule may be modified or withdrawn only in response to an

19  objection by the committee or may be modified to extend the

20  effective date by not more than 60 days when the committee has

21  notified the agency that an objection to the rule is being

22  considered.

23         4.  The agency shall give notice of its decision to

24  withdraw or modify a rule in the first available issue of the

25  publication in which the original notice of rulemaking was

26  published, shall notify those persons described in

27  subparagraph (a)3. in accordance with the requirements of that

28  subparagraph, and shall notify the Department of State if the

29  rule is required to be filed with the Department of State.

30  

31  

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 1         5.  After a rule has become effective, it may be

 2  repealed or amended only through the rulemaking procedures

 3  specified in this chapter.

 4         (e)  Filing for final adoption; effective date.--

 5         1.  If the adopting agency is required to publish its

 6  rules in the Florida Administrative Code, it shall file with

 7  the Department of State three certified copies of the rule it

 8  proposes to adopt, a summary of the rule, a summary of any

 9  hearings held on the rule, and a detailed written statement of

10  the facts and circumstances justifying the rule. Agencies not

11  required to publish their rules in the Florida Administrative

12  Code shall file one certified copy of the proposed rule, and

13  the other material required by this subparagraph, in the

14  office of the agency head, and such rules shall be open to the

15  public.

16         2.  A rule may not be filed for adoption less than 28

17  days or more than 90 days after the notice required by

18  paragraph (a), until 21 days after the notice required by

19  paragraph (d), until 14 days after the final public hearing,

20  until 21 days after preparation of a statement of estimated

21  regulatory costs required under s. 120.541, or until the

22  administrative law judge has rendered a decision under s.

23  120.56(2), whichever applies. Filings shall be made no less

24  than 28 days nor more than 90 days after the notice required

25  by paragraph (a). When a required notice of change is

26  published prior to the expiration of the time to file the rule

27  for adoption, the period during which a rule must be filed for

28  adoption is extended to 45 days after the date of publication.

29  If notice of a public hearing is published prior to the

30  expiration of the time to file the rule for adoption, the

31  period during which a rule must be filed for adoption is

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 1  extended to 45 days after adjournment of the final hearing on

 2  the rule, 21 days after receipt of all material authorized to

 3  be submitted at the hearing, or 21 days after receipt of the

 4  transcript, if one is made, whichever is latest. The term

 5  "public hearing" includes any public meeting held by any

 6  agency at which the rule is considered.  The filing of a

 7  petition for an administrative determination under the

 8  provisions of s. 120.56(2) shall toll the applicable 90-day

 9  period during which a rule must be filed for adoption until 30

10  days after rendition of the final order or until judicial

11  review of the final order is complete. the administrative law

12  judge has filed the final order with the clerk.

13         3.  At the time a rule is filed, the agency shall

14  certify that the time limitations prescribed by this paragraph

15  have been complied with, that all statutory rulemaking

16  requirements have been met, and that there is no

17  administrative determination pending on the rule. For the

18  purposes of this paragraph, the term "administrative

19  determination" does not include subsequent judicial review.

20         4.  At the time a rule is filed, the committee shall

21  certify whether the agency has responded in writing to all

22  material and timely written comments or written inquiries made

23  on behalf of the committee. The department shall reject any

24  rule not filed within the prescribed time limits; that does

25  not satisfy all statutory rulemaking requirements; upon which

26  an agency has not responded in writing to all material and

27  timely written inquiries or written comments; upon which an

28  administrative determination is pending; or which does not

29  include a statement of estimated regulatory costs, if

30  required.

31  

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 1         5.  If a rule has not been adopted within the time

 2  limits imposed by this paragraph or has not been adopted in

 3  compliance with all statutory rulemaking requirements, the

 4  agency proposing the rule shall withdraw the rule and give

 5  notice of its action in the next available issue of the

 6  Florida Administrative Weekly.

 7         6.  The proposed rule shall be adopted on being filed

 8  with the Department of State and become effective 20 days

 9  after being filed, on a later date specified in the rule, or

10  on a date required by statute. Rules not required to be filed

11  with the Department of State shall become effective when

12  adopted by the agency head or on a later date specified by

13  rule or statute. If the committee notifies an agency that an

14  objection to a rule is being considered, the agency may

15  postpone the adoption of the rule to accommodate review of the

16  rule by the committee.  When an agency postpones adoption of a

17  rule to accommodate review by the committee, the 90-day period

18  for filing the rule is tolled until the committee notifies the

19  agency that it has completed its review of the rule.

20         (5)  UNIFORM RULES.--

21         (b)  The uniform rules of procedure adopted by the

22  commission pursuant to this subsection shall include, but are

23  not limited to:

24         1.  Uniform rules for the scheduling of public

25  meetings, hearings, and workshops.

26         2.  Uniform rules for use by each state agency that

27  provide procedures for conducting public meetings, hearings,

28  and workshops, and for taking evidence, testimony, and

29  argument at such public meetings, hearings, and workshops, in

30  person and by means of communications media technology. The

31  rules shall provide that all evidence, testimony, and argument

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 1  presented shall be afforded equal consideration, regardless of

 2  the method of communication. If a public meeting, hearing, or

 3  workshop is to be conducted by means of communications media

 4  technology, or if attendance may be provided by such means,

 5  the notice shall so state. The notice for public meetings,

 6  hearings, and workshops utilizing communications media

 7  technology shall state how persons interested in attending may

 8  do so and shall name locations, if any, where communications

 9  media technology facilities will be available. Nothing in this

10  paragraph shall be construed to diminish the right to inspect

11  public records under chapter 119. Limiting points of access to

12  public meetings, hearings, and workshops subject to the

13  provisions of s. 286.011 to places not normally open to the

14  public shall be presumed to violate the right of access of the

15  public, and any official action taken under such circumstances

16  is void and of no effect. Other laws relating to public

17  meetings, hearings, and workshops, including penal and

18  remedial provisions, shall apply to public meetings, hearings,

19  and workshops conducted by means of communications media

20  technology, and shall be liberally construed in their

21  application to such public meetings, hearings, and workshops.

22  As used in this subparagraph, "communications media

23  technology" means the electronic transmission of printed

24  matter, audio, full-motion video, freeze-frame video,

25  compressed video, and digital video by any method available.

26         3.  Uniform rules of procedure for the filing of notice

27  of protests and formal written protests. The Administration

28  Commission may prescribe the form and substantive provisions

29  of a required bond.

30         4.  Uniform rules of procedure for the filing of

31  petitions for administrative hearings pursuant to s. 120.569

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 1  or s. 120.57. For all actions other than agency enforcement

 2  and disciplinary actions against a licensee or other person,

 3  such rules shall require the petition to include:

 4         a.  The identification of the petitioner.

 5         b.  A statement of when and how the petitioner received

 6  notice of the agency's action or proposed action.

 7         c.  An explanation of how the petitioner's substantial

 8  interests are or will be affected by the action or proposed

 9  action.

10         d.  A statement of all material facts disputed by the

11  petitioner or a statement that there are no disputed facts.

12         e.  A statement of the ultimate facts alleged,

13  including a statement of the specific facts the petitioner

14  contends warrant reversal or modification of the agency's

15  proposed action.

16         f.  A statement of the specific rules or statutes that

17  the petitioner contends require reversal or modification of

18  the agency's proposed action, including an explanation of how

19  the alleged facts relate to the specific rules or statutes.

20         g.  A statement of the relief sought by the petitioner,

21  stating precisely the action petitioner wishes the agency to

22  take with respect to the proposed action.

23         5.  Uniform rules of procedure for the filing and

24  prompt disposition of petitions for declaratory statements,

25  including the contents of the notices that must be published

26  in the Florida Administrative Weekly pursuant to s. 120.565.

27         6.  Provision of a method by which each agency head

28  shall provide a description of the agency's organization and

29  general course of its operations.

30  

31  

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 1         7.  Uniform rules establishing procedures for granting

 2  or denying petitions for variances and waivers pursuant to s.

 3  120.542.

 4         Section 4.  Effective December 31, 2006, section

 5  120.55, Florida Statutes, is amended to read:

 6         120.55  Publication.--

 7         (1)  The Department of State shall:

 8         (a)1.  Through a continuous revision system, compile

 9  and publish the "Florida Administrative Code." The Florida

10  Administrative Code shall contain all rules adopted by each

11  agency, citing the specific rulemaking authority pursuant to

12  which each rule was adopted, all history notes as authorized

13  in s. 120.545(9), and complete indexes to all rules contained

14  in the code. Supplementation shall be made as often as

15  practicable, but at least monthly.  The department may

16  contract with a publishing firm for the publication, in a

17  timely and useful form, of the Florida Administrative Code;

18  however, the department shall retain responsibility for the

19  code as provided in this section.  This publication shall be

20  the official compilation of the administrative rules of this

21  state. The Department of State shall retain the copyright over

22  the Florida Administrative Code.

23         2.  Rules general in form but applicable to only one

24  school district, community college district, or county, or a

25  part thereof, or state university rules relating to internal

26  personnel or business and finance shall not be published in

27  the Florida Administrative Code. Exclusion from publication in

28  the Florida Administrative Code shall not affect the validity

29  or effectiveness of such rules.

30         3.  At the beginning of the section of the code dealing

31  with an agency that files copies of its rules with the

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 1  department, the department shall publish the address and

 2  telephone number of the executive offices of each agency, the

 3  manner by which the agency indexes its rules, a listing of all

 4  rules of that agency excluded from publication in the code,

 5  and a statement as to where those rules may be inspected.

 6         4.  Forms shall not be published in the Florida

 7  Administrative Code; but any form which an agency uses in its

 8  dealings with the public, along with any accompanying

 9  instructions, shall be filed with the committee before it is

10  used. Any form or instruction which meets the definition of

11  "rule" provided in s. 120.52 shall be incorporated by

12  reference into the appropriate rule.  The reference shall

13  specifically state that the form is being incorporated by

14  reference and shall include the number, title, and effective

15  date of the form and an explanation of how the form may be

16  obtained. Each form created by an agency which is incorporated

17  by reference in a rule notice of which is given under s.

18  120.54(3)(a) after December 31, 2006, must clearly display the

19  number, title, and effective date of the form and the number

20  of the rule in which the form is incorporated.

21         (b)  Electronically publish on an Internet website

22  managed by the department a weekly publication entitled the

23  "Florida Administrative Weekly," which shall serve as the

24  official Internet website for such publication and must

25  contain:

26         1.  Notice of adoption of, and an index to, all rules

27  filed during the preceding week.

28         2.  All notices required by s. 120.54(3)(a), showing

29  the text of all rules proposed for consideration or a

30  reference to the location in the Florida Administrative Weekly

31  where the text of the proposed rules is published.

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 1         3.  All notices of public meetings, hearings, and

 2  workshops conducted in accordance with the provisions of s.

 3  120.525, including a statement of the manner in which a copy

 4  of the agenda may be obtained.

 5         4.  A notice of each request for authorization to amend

 6  or repeal an existing uniform rule or for the adoption of new

 7  uniform rules.

 8         5.  Notice of petitions for declaratory statements or

 9  administrative determinations.

10         6.  A summary of each objection to any rule filed by

11  the Administrative Procedures Committee during the preceding

12  week.

13         7.  A cumulative list of all rules that have been

14  proposed but not filed for adoption.

15         8.7.  Any other material required or authorized by law

16  or deemed useful by the department.

17  

18  The department shall publish a printed version of the Florida

19  Administrative Weekly and make copies available on an annual

20  subscription basis. The department may contract with a

21  publishing firm for printed publication of the Florida

22  Administrative Weekly.

23         (c)  Review notices for compliance with format and

24  numbering requirements before publishing them on the Florida

25  Administrative Weekly Internet website.

26         (d)(c)  Prescribe by rule the style and form required

27  for rules submitted for filing and establish the form for

28  their certification.

29         (e)(d)  Correct grammatical, typographical, and like

30  errors not affecting the construction or meaning of the rules,

31  

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 1  after having obtained the advice and consent of the

 2  appropriate agency, and insert history notes.

 3         (e)  Make copies of the Florida Administrative Weekly

 4  available on an annual subscription basis computed to cover a

 5  pro rata share of 50 percent of the costs related to the

 6  publication of the Florida Administrative Weekly.

 7         (f)  Charge each agency using the Florida

 8  Administrative Weekly a space rate computed to cover a pro

 9  rata share of 50 percent of the costs related to the Florida

10  Administrative Weekly and the Florida Administrative Code.

11         (g)  Maintain a permanent record of all notices

12  published in the Florida Administrative Weekly.

13         (2)  The Florida Administrative Weekly Internet website

14  must allow users to:

15         (a)  Search for notices by type, publication date, rule

16  number, word, subject, and agency;

17         (b)  Search a database that makes available all notices

18  published on the website for a period of at least 5 years;

19         (c)  Subscribe to an automated e-mail notification of

20  selected notices;

21         (d)  View agency forms incorporated by reference in

22  proposed rules; and

23         (e)  Comment on proposed rules.

24         (3)  Publication of material required by paragraph

25  (1)(b) on the Florida Administrative Weekly Internet website

26  does not preclude publication of such material on an agency's

27  website or by other means.

28         (4)(2)  Each agency shall provide copies of its rules

29  upon request, with citations to the grant of rulemaking

30  authority and the specific law implemented for each rule print

31  

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 1  or distribute copies of its rules, citing the specific

 2  rulemaking authority pursuant to which each rule was adopted.

 3         (5)(3)  Any publication of a proposed rule promulgated

 4  by an agency, whether published in the Florida Administrative

 5  Code or elsewhere, shall include, along with the rule, the

 6  name of the person or persons originating such rule, the name

 7  of the supervisor or person who approved the rule, and the

 8  date upon which the rule was approved.

 9         (6)  Access to the Florida Administrative Weekly

10  Internet website and its contents, including the e-mail

11  notification service, shall be free for the public.

12         (7)(a)(4)(a)  Each year the Department of State shall

13  furnish the Florida Administrative Weekly, without charge and

14  upon request, as follows:

15         1.  One subscription to each federal and state court

16  having jurisdiction over the residents of the state; the

17  Legislative Library; each state university library; the State

18  Library; each depository library designated pursuant to s.

19  257.05; and each standing committee of the Senate and House of

20  Representatives and each state legislator.

21         2.  Two subscriptions to each state department.

22         3.  Three subscriptions to the library of the Supreme

23  Court of Florida, the library of each state district court of

24  appeal, the division, the library of the Attorney General,

25  each law school library in Florida, the Secretary of the

26  Senate, and the Clerk of the House of Representatives.

27         4.  Ten subscriptions to the committee.

28         (b)  The Department of State shall furnish one copy of

29  the Florida Administrative Weekly, at no cost, to each clerk

30  of the circuit court and each state department, for posting

31  for public inspection.

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 1         (8)(5)(a)  All fees and moneys collected by the

 2  Department of State under this chapter shall be deposited in

 3  the Records Management Trust Fund for the purpose of paying

 4  for the publication and distribution of the Florida

 5  Administrative Code and the Florida Administrative Weekly and

 6  for associated costs incurred by the department in carrying

 7  out this chapter.

 8         (b)  The unencumbered balance in the Records Management

 9  Trust Fund for fees collected pursuant to this chapter may

10  shall not exceed $300,000 at the beginning of each fiscal

11  year, and any excess shall be transferred to the General

12  Revenue Fund.

13         (c)  It is the intent of the Legislature that the

14  Florida Administrative Weekly be supported entirely from funds

15  collected for subscriptions to and advertisements in the

16  Florida Administrative Weekly.

17         Section 5.  Subsection (3) of section 120.551, Florida

18  Statutes, is amended to read:

19         120.551  Internet publication.--

20         (3)  This section is repealed effective December 31,

21  2006 July 1, 2005, unless reviewed and reenacted by the

22  Legislature before that date.

23         Section 6.  Paragraph (b) of subsection (2) of section

24  120.56, Florida Statutes, is amended to read:

25         120.56  Challenges to rules.--

26         (2)  CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.--

27         (b)  The administrative law judge may declare the

28  proposed rule wholly or partly invalid. Unless the decision of

29  the administrative law judge is reversed on appeal, the

30  proposed rule or provision of a proposed rule declared invalid

31  shall be withdrawn by the adopting agency and shall not be

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 1  adopted. No rule shall be filed for adoption until 28 days

 2  after the notice required by s. 120.54(3)(a), until 21 days

 3  after the notice required by s. 120.54(3)(d), until 14 days

 4  after the public hearing, until 21 days after preparation of a

 5  statement of estimated regulatory costs required pursuant to

 6  s. 120.541, or until the administrative law judge has rendered

 7  a decision, whichever applies. However, the agency may proceed

 8  with all other steps in the rulemaking process, including the

 9  holding of a factfinding hearing. In the event part of a

10  proposed rule is declared invalid, the adopting agency may, in

11  its sole discretion, withdraw the proposed rule in its

12  entirety. The agency whose proposed rule has been declared

13  invalid in whole or part shall give notice of the decision in

14  the first available issue of the Florida Administrative

15  Weekly.

16         Section 7.  Paragraph (c) of subsection (2) of section

17  120.569, Florida Statutes, is amended to read:

18         120.569  Decisions which affect substantial

19  interests.--

20         (2)

21         (c)  Unless otherwise provided by law, a petition or

22  request for hearing shall include those items required by the

23  uniform rules adopted pursuant to s. 120.54(5)(b)4.  Upon the

24  receipt of a petition or request for hearing, the agency shall

25  carefully review the petition to determine if it contains all

26  of the required information.  A petition shall be dismissed if

27  it is not in substantial compliance with these requirements or

28  it has been untimely filed.  Dismissal of a petition shall, at

29  least once, be without prejudice to petitioner's filing a

30  timely amended petition curing the defect, unless it

31  conclusively appears from the face of the petition that the

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 1  defect cannot be cured.  The agency shall promptly give

 2  written notice to all parties of the action taken on the

 3  petition, shall state with particularity its reasons if the

 4  petition is not granted, and shall state the deadline for

 5  filing an amended petition if applicable. The time for filing

 6  a petition shall be extended if the petitioner has been misled

 7  or lulled into inaction, has in some extraordinary way been

 8  prevented from asserting his or her rights, or has timely

 9  asserted his or her rights mistakenly in the wrong forum.

10         Section 8.  Paragraphs (k) and (m) of subsection (1)

11  and paragraph (a) of subsection (3) of section 120.57, Florida

12  Statutes, are amended to read:

13         120.57  Additional procedures for particular cases.--

14         (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS

15  INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--

16         (k)  The presiding officer shall complete and submit to

17  the agency and all parties a recommended order consisting of

18  findings of fact, conclusions of law, and recommended

19  disposition or penalty, if applicable, and any other

20  information required by law to be contained in the final

21  order. All proceedings conducted under pursuant to this

22  subsection shall be de novo. The agency shall allow each party

23  15 days in which to submit written exceptions to the

24  recommended order. The final order shall include an explicit

25  ruling on each exception, but an agency need not rule on an

26  exception that does not clearly identify the disputed portion

27  of the recommended order by page number or paragraph, that

28  does not identify the legal basis for the exception, or that

29  does not include appropriate and specific citations to the

30  record.

31  

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 1         (m)  If a recommended order is submitted to an agency,

 2  the agency shall provide a copy of its final order and any

 3  exceptions to the division within 15 days after the order is

 4  filed with the agency clerk. In these cases, the final order

 5  does not become effective until it is provided to the

 6  division.

 7         (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO

 8  CONTRACT SOLICITATION OR AWARD.--Agencies subject to this

 9  chapter shall use the uniform rules of procedure, which

10  provide procedures for the resolution of protests arising from

11  the contract solicitation or award process. Such rules shall

12  at least provide that:

13         (a)  The agency shall provide notice of a decision or

14  intended decision concerning a solicitation, contract award,

15  or exceptional purchase by electronic posting. This notice

16  shall contain the following statement: "Failure to file a

17  protest within the time prescribed in section 120.57(3),

18  Florida Statutes, or failure to post the bond or other

19  security required by law within the time allowed for filing a

20  bond shall constitute a waiver of proceedings under chapter

21  120, Florida Statutes."

22         Section 9.  Paragraph (c) is added to subsection (10)

23  of section 120.65, Florida Statutes, to read:

24         120.65  Administrative law judges.--

25         (10)  Not later than February 1 of each year, the

26  division shall issue a written report to the Administrative

27  Procedures Committee and the Administration Commission,

28  including at least the following information:

29         (c)  Recommendations as to those types of cases or

30  disputes which should be conducted under the summary hearing

31  process described in s. 120.574.

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 1         Section 10.  Subsection (2) of section 120.74, Florida

 2  Statutes, is amended to read:

 3         120.74  Agency review, revision, and report.--

 4         (2)  Beginning October 1, 1997, and by October 1 of

 5  every other year thereafter, the head of each agency shall

 6  file a report with the President of the Senate, and the

 7  Speaker of the House of Representatives, and the committee,

 8  with a copy to each appropriate standing committee of the

 9  Legislature, which certifies that the agency has complied with

10  the requirements of this subsection. The report must specify

11  any changes made to its rules as a result of the review and,

12  when appropriate, recommend statutory changes that will

13  promote efficiency, reduce paperwork, or decrease costs to

14  government and the private sector. The report must identify

15  the types of cases or disputes in which the agency is involved

16  which should be conducted under the summary hearing process

17  described in s. 120.574.

18         Section 11.  The Department of State shall, before

19  December 31, 2006, make available, to all agencies required on

20  the effective date of this act to publish materials in the

21  Florida Administrative Weekly, training courses for the

22  purpose of assisting the agencies with their transition to

23  publishing on the Florida Administrative Weekly Internet

24  website. The training courses may be provided in the form of

25  workshops or software packages that allow self-training by

26  agency personnel.

27         Section 12.  Except as otherwise expressly provided in

28  this act, this act shall take effect July 1, 2005.

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       CS/Senate Bill 1010

 3                                 

 4  The committee substitute differs from the prior committee
    substitute by:
 5  
    --   Expanding eligibility under the Florida Equal Access to
 6       Justice Act, through which small business parties may
         receive attorney's fees and costs when they prevail in
 7       certain adjudicatory or administrative proceedings, to
         include an individual whose net worth did not exceed $2
 8       million at the time of the state agency action;

 9  --   Clarifying an agency's duty to report on changes made to
         proposed rules after a final public hearing;
10  
    --   Requiring the Division of Administrative Hearings and
11       agencies to recommend types of cases or disputes suitable
         for a statutory summary hearing process;
12  
    --   Requiring an agency's final order in cases involving
13       disputed issues of material fact to explicitly rule on
         the exceptions that parties raise to the recommended
14       order; and

15  --   Specifying that the Florida Administrative Weekly
         website, as prescribed by the legislation, must include
16       the ability to comment on proposed rules.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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