December 05, 2020
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Senate Bill 1010

Senate Bill sb1010c3

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




    576-2111-05

  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; amending s.

18         120.80, F.S.; requiring that the commission

19         refer certain matters affecting the substantial

20         interest of a utility to the Division of

21         Administrative Hearings so that an

22         administrative judge may be assigned to conduct

23         a hearing and enter a recommended order;

24         requiring the Department of State to provide

25         certain assistance to agencies in their

26         transition to publishing on the Florida

27         Administrative Weekly Internet website;

28         providing effective dates.

29  

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

31  

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

 2  Statutes, is amended to read:

 3         11.60  Administrative Procedures Committee; creation;

 4  membership; powers; duties.--

 5         (4)  The committee shall undertake and maintain a

 6  systematic and continuous review of statutes that authorize

 7  agencies to adopt rules and shall make recommendations to the

 8  appropriate standing committees of the Senate and the House of

 9  Representatives as to the advisability of considering changes

10  to the delegated legislative authority to adopt rules in

11  specific circumstances. The annual report submitted pursuant

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

13  systematic review of existing statutes, a summary of the

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

15  standing committees during the preceding year.

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

17  57.111, Florida Statutes, is amended to read:

18         57.111  Civil actions and administrative proceedings

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

20         (3)  As used in this section:

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

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

23  including a professional practice, whose principal office is

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

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

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

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

28  including both personal and business investments; or

29         b.  A partnership or corporation, including a

30  professional practice, which has its principal office in this

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

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

 2  not more than $2 million; or

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

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

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

 6  individual working for a corporation when the individual and

 7  the corporation are one and the same entity, an employee of a

 8  private or governmental entity who is forced to litigate

 9  against agency action, or an individual when an action is

10  brought against that individual's license to operate; or

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

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

13  or

14         2.  Any Either small business party as defined in

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

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

17  administrative proceeding under that section to contest the

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

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

20  or penalty therefor.

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

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

23  Statutes, are amended to read:

24         120.54  Rulemaking.--

25         (3)  ADOPTION PROCEDURES.--

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

27         1.  After the final public hearing on the proposed

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

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

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

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

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

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

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

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

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

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

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

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

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

10  certified mail or actual delivery to any person who requests

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

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

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

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

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

16  The notice of change shall be published in the Florida

17  Administrative Weekly at least 21 days prior to filing the

18  rule for adoption.  This subparagraph does not apply to

19  emergency rules adopted pursuant to subsection (4).

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

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

22  or in part.

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

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

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

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

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

28  considered.

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

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

31  publication in which the original notice of rulemaking was

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 1  published, shall notify those persons described in

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

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

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

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

 6  repealed or amended only through the rulemaking procedures

 7  specified in this chapter.

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

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

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

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

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

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

14  the facts and circumstances justifying the rule. Agencies not

15  required to publish their rules in the Florida Administrative

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

17  the other material required by this subparagraph, in the

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

19  public.

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

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

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

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

24  until 21 days after preparation of a statement of estimated

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

26  administrative law judge has rendered a decision under s.

27  120.56(2), whichever applies. Filings shall be made no less

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11  petition for an administrative determination under the

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

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

14  days after rendition of the final order or until judicial

15  review of the final order is complete the administrative law

16  judge has filed the final order with the clerk.

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

18  certify that the time limitations prescribed by this paragraph

19  have been complied with, that all statutory rulemaking

20  requirements have been met, and that there is no

21  administrative determination pending on the rule. For the

22  purposes of this paragraph, the term "administrative

23  determination" does not include subsequent judicial review.

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

25  certify whether the agency has responded in writing to all

26  material and timely written comments or written inquiries made

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

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

29  not satisfy all statutory rulemaking requirements; upon which

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

31  timely written inquiries or written comments; upon which an

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 1  administrative determination is pending; or which does not

 2  include a statement of estimated regulatory costs, if

 3  required.

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

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

 6  compliance with all statutory rulemaking requirements, the

 7  agency proposing the rule shall withdraw the rule and give

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

 9  Florida Administrative Weekly.

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

11  with the Department of State and become effective 20 days

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

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

14  with the Department of State shall become effective when

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

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

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

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

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

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

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

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

23         (5)  UNIFORM RULES.--

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

25  commission pursuant to this subsection shall include, but are

26  not limited to:

27         1.  Uniform rules for the scheduling of public

28  meetings, hearings, and workshops.

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

30  provide procedures for conducting public meetings, hearings,

31  and workshops, and for taking evidence, testimony, and

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

 2  person and by means of communications media technology. The

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

 4  presented shall be afforded equal consideration, regardless of

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

 6  workshop is to be conducted by means of communications media

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

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

 9  hearings, and workshops utilizing communications media

10  technology shall state how persons interested in attending may

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

12  media technology facilities will be available. Nothing in this

13  paragraph shall be construed to diminish the right to inspect

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

15  public meetings, hearings, and workshops subject to the

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

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

18  public, and any official action taken under such circumstances

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

20  meetings, hearings, and workshops, including penal and

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

22  and workshops conducted by means of communications media

23  technology, and shall be liberally construed in their

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

25  As used in this subparagraph, "communications media

26  technology" means the electronic transmission of printed

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

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

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

30  of protests and formal written protests. The Administration

31  

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 1  Commission may prescribe the form and substantive provisions

 2  of a required bond.

 3         4.  Uniform rules of procedure for the filing of

 4  petitions for administrative hearings pursuant to s. 120.569

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

 6  and disciplinary actions against a licensee or other person,

 7  such rules shall require the petition to include:

 8         a.  The identification of the petitioner.

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

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

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

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

13  action.

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

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

16         e.  A statement of the ultimate facts alleged,

17  including a statement of the specific facts the petitioner

18  contends warrant reversal or modification of the agency's

19  proposed action.

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

21  the petitioner contends require reversal or modification of

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

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

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

25  stating precisely the action petitioner wishes the agency to

26  take with respect to the proposed action.

27         5.  Uniform rules of procedure for the filing and

28  prompt disposition of petitions for declaratory statements.

29  The rules shall also describe the contents of the notices that

30  must be published in the Florida Administrative Weekly under

31  s. 120.565, including any applicable time limit for the filing

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 1  of petitions to intervene or petitions for administrative

 2  hearing by persons whose substantial interests may be

 3  affected.

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

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

 6  general course of its operations.

 7         7.  Uniform rules establishing procedures for granting

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

 9  120.542.

10         Section 4.  Effective December 31, 2006, section

11  120.55, Florida Statutes, is amended to read:

12         120.55  Publication.--

13         (1)  The Department of State shall:

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

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

16  Administrative Code shall contain all rules adopted by each

17  agency, citing the specific rulemaking authority pursuant to

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

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

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

21  practicable, but at least monthly.  The department may

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

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

24  however, the department shall retain responsibility for the

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

26  the official compilation of the administrative rules of this

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

28  the Florida Administrative Code.

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

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

31  part thereof, or state university rules relating to internal

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 1  personnel or business and finance shall not be published in

 2  the Florida Administrative Code. Exclusion from publication in

 3  the Florida Administrative Code shall not affect the validity

 4  or effectiveness of such rules.

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

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

 7  department, the department shall publish the address and

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

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

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

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

12         4.  Forms shall not be published in the Florida

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

14  dealings with the public, along with any accompanying

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

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

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

18  reference into the appropriate rule.  The reference shall

19  specifically state that the form is being incorporated by

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

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

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

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

24  120.54(3)(a) after December 31, 2006, must clearly display the

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

26  of the rule in which the form is incorporated.

27         (b)  Electronically publish on an Internet website

28  managed by the department a weekly publication entitled the

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

30  official Internet website for such publication and must

31  contain:

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

 2  filed during the preceding week.

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

 4  the text of all rules proposed for consideration or a

 5  reference to the location in the Florida Administrative Weekly

 6  where the text of the proposed rules is published.

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

 8  workshops conducted in accordance with the provisions of s.

 9  120.525, including a statement of the manner in which a copy

10  of the agenda may be obtained.

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

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

13  uniform rules.

14         5.  Notice of petitions for declaratory statements or

15  administrative determinations.

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

17  the Administrative Procedures Committee during the preceding

18  week.

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

20  proposed but not filed for adoption.

21         8.7.  Any other material required or authorized by law

22  or deemed useful by the department.

23  

24  The department shall publish a printed version of the Florida

25  Administrative Weekly and make copies available on an annual

26  subscription basis. The department may contract with a

27  publishing firm for printed publication of the Florida

28  Administrative Weekly.

29         (c)  Review notices for compliance with format and

30  numbering requirements before publishing them on the Florida

31  Administrative Weekly Internet website.

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

 2  for rules submitted for filing and establish the form for

 3  their certification.

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

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

 6  after having obtained the advice and consent of the

 7  appropriate agency, and insert history notes.

 8         (e)  Make copies of the Florida Administrative Weekly

 9  available on an annual subscription basis computed to cover a

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

11  publication of the Florida Administrative Weekly.

12         (f)  Charge each agency using the Florida

13  Administrative Weekly a space rate computed to cover a pro

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

15  Administrative Weekly and the Florida Administrative Code.

16         (g)  Maintain a permanent record of all notices

17  published in the Florida Administrative Weekly.

18         (2)  The Florida Administrative Weekly Internet website

19  must allow users to:

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

21  number, word, subject, and agency;

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

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

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

25  selected notices;

26         (d)  View agency forms incorporated by reference in

27  proposed rules; and

28         (e)  Comment on proposed rules.

29         (3)  Publication of material required by paragraph

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

31  

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

 2  website or by other means.

 3         (4)(2)  Each agency shall provide copies of its rules

 4  upon request, with citations to the grant of rulemaking

 5  authority and the specific law implemented for each rule print

 6  or distribute copies of its rules, citing the specific

 7  rulemaking authority pursuant to which each rule was adopted.

 8         (5)(3)  Any publication of a proposed rule promulgated

 9  by an agency, whether published in the Florida Administrative

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

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

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

13  date upon which the rule was approved.

14         (6)  Access to the Florida Administrative Weekly

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

16  notification service, shall be free for the public.

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

18  furnish the Florida Administrative Weekly, without charge and

19  upon request, as follows:

20         1.  One subscription to each federal and state court

21  having jurisdiction over the residents of the state; the

22  Legislative Library; each state university library; the State

23  Library; each depository library designated pursuant to s.

24  257.05; and each standing committee of the Senate and House of

25  Representatives and each state legislator.

26         2.  Two subscriptions to each state department.

27         3.  Three subscriptions to the library of the Supreme

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

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

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

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

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 1         4.  Ten subscriptions to the committee.

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

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

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

 5  for public inspection.

 6         (8)(5)(a)  All fees and moneys collected by the

 7  Department of State under this chapter shall be deposited in

 8  the Records Management Trust Fund for the purpose of paying

 9  for the publication and distribution of the Florida

10  Administrative Code and the Florida Administrative Weekly and

11  for associated costs incurred by the department in carrying

12  out this chapter.

13         (b)  The unencumbered balance in the Records Management

14  Trust Fund for fees collected pursuant to this chapter may

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

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

17  Revenue Fund.

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

19  Florida Administrative Weekly be supported entirely from funds

20  collected for subscriptions to and advertisements in the

21  Florida Administrative Weekly.

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

23  Statutes, is amended to read:

24         120.551  Internet publication.--

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

26  2006 July 1, 2005, unless reviewed and reenacted by the

27  Legislature before that date.

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

29  120.56, Florida Statutes, is amended to read:

30         120.56  Challenges to rules.--

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

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 1         (b)  The administrative law judge may declare the

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

 3  the administrative law judge is reversed on appeal, the

 4  proposed rule or provision of a proposed rule declared invalid

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

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

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

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

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

10  statement of estimated regulatory costs required pursuant to

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

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

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

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

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

16  its sole discretion, withdraw the proposed rule in its

17  entirety. The agency whose proposed rule has been declared

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

19  the first available issue of the Florida Administrative

20  Weekly.

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

22  120.569, Florida Statutes, is amended to read:

23         120.569  Decisions which affect substantial

24  interests.--

25         (2)

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

27  request for hearing shall include those items required by the

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

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

30  carefully review the petition to determine if it contains all

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

                                  17

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 1  it is not in substantial compliance with these requirements or

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

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

 4  timely amended petition curing the defect, unless it

 5  conclusively appears from the face of the petition that the

 6  defect cannot be cured.  The agency shall promptly give

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

 8  petition, shall state with particularity its reasons if the

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

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

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

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

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

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

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

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

17  Statutes, are amended to read:

18         120.57  Additional procedures for particular cases.--

19         (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS

20  INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--

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

22  the agency and all parties a recommended order consisting of

23  findings of fact, conclusions of law, and recommended

24  disposition or penalty, if applicable, and any other

25  information required by law to be contained in the final

26  order. All proceedings conducted under pursuant to this

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

28  15 days in which to submit written exceptions to the

29  recommended order. The final order shall include an explicit

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

31  exception that does not clearly identify the disputed portion

                                  18

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

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

 3  does not include appropriate and specific citations to the

 4  record.

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

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

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

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

 9  does not become effective until it is provided to the

10  division.

11         (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO

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

13  chapter shall use the uniform rules of procedure, which

14  provide procedures for the resolution of protests arising from

15  the contract solicitation or award process. Such rules shall

16  at least provide that:

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

18  intended decision concerning a solicitation, contract award,

19  or exceptional purchase by electronic posting. This notice

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

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

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

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

24  bond shall constitute a waiver of proceedings under chapter

25  120, Florida Statutes."

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

27  of section 120.65, Florida Statutes, to read:

28         120.65  Administrative law judges.--

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

30  division shall issue a written report to the Administrative

31  

                                  19

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 1  Procedures Committee and the Administration Commission,

 2  including at least the following information:

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

 4  disputes which should be conducted under the summary hearing

 5  process described in s. 120.574.

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

 7  Statutes, is amended to read:

 8         120.74  Agency review, revision, and report.--

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

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

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

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

13  with a copy to each appropriate standing committee of the

14  Legislature, which certifies that the agency has complied with

15  the requirements of this subsection. The report must specify

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

17  when appropriate, recommend statutory changes that will

18  promote efficiency, reduce paperwork, or decrease costs to

19  government and the private sector. The report must identify

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

21  which should be conducted under the summary hearing process

22  described in s. 120.574.

23         Section 11.  Paragraph (g) is added to subsection (13)

24  of section 120.80, Florida Statutes, to read:

25         120.80  Exceptions and special requirements;

26  agencies.--

27         (13)  FLORIDA PUBLIC SERVICE COMMISSION.--

28         (g)  When the Public Service Commission initiates an

29  agency action affecting the substantial interest of a utility

30  regulated under chapter 367 concerning any matter pertaining

31  to s. 120.60(5) and a formal administrative hearing is

                                  20

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    Florida Senate - 2005             CS for CS for CS for SB 1010
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 1  requested under s. 120.57, the commission shall refer the

 2  matter to the division for the assignment of an administrative

 3  law judge to conduct the hearing and enter a recommended

 4  order.

 5         Section 12.  The Department of State shall, before

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

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

 8  Florida Administrative Weekly, training courses for the

 9  purpose of assisting the agencies with their transition to

10  publishing on the Florida Administrative Weekly Internet

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

12  workshops or software packages that allow self-training by

13  agency personnel.

14         Section 13.  Except as otherwise expressly provided in

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

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                      CS/CS/Senate Bill 1010

19                                 

20  The Committee Subsitute requires the uniform rules on
    declaratory statements to be published in the Florida
21  Administrative Weekly and to include time limits for filing
    petitions to intervene or for administrative hearing by
22  persons whose interests may be affected.  The changes also
    provide that an agency action affecting the substantial
23  interests of a water or wastewater utility will cause a
    referral to the Division of Administrative Hearings for
24  assignment of an administrative law judge.

25  

26  

27  

28  

29  

30  

31  

                                  21

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