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Senate Bill 2340

Senate Bill sb2340

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2340

    By Senator Bennett





    21-1187A-04

  1                      A bill to be entitled

  2         An act relating to administrative procedure;

  3         amending s. 120.55, F.S.; requiring electronic

  4         publication of the Florida Administrative

  5         Weekly on an Internet website managed by the

  6         Department of State in collaboration with the

  7         State Technology Office; prescribing content

  8         and website search requirements; providing for

  9         free public access to such website; providing

10         guidelines for publishing, and revising

11         guidelines for distributing, the print version

12         of the Florida Administrative Weekly; amending

13         s. 120.551, F.S.; postponing the repeal of such

14         section; providing for training courses for

15         agencies currently publishing materials in the

16         print version of the Florida Administrative

17         Weekly; providing effective dates.

18  

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

20  

21         Section 1.  Effective July 1, 2005, section 120.55,

22  Florida Statutes, is amended to read:

23         120.55  Publication.--

24         (1)  The Department of State shall:

25         (a)1.  Publish in a permanent compilation entitled

26  "Florida Administrative Code" all rules adopted by each

27  agency, citing the specific rulemaking authority pursuant to

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

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

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

31  practicable, but at least monthly.  The department may

                                  1

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    Florida Senate - 2004                                  SB 2340
    21-1187A-04




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

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

 3  however, the department shall retain responsibility for the

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

 5  the official compilation of the administrative rules of this

 6  state.  The Department of State shall retain the copyright

 7  over the Florida Administrative Code.

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

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

10  part thereof, or state university rules relating to internal

11  personnel or business and finance shall not be published in

12  the Florida Administrative Code. Exclusion from publication in

13  the Florida Administrative Code shall not affect the validity

14  or effectiveness of such rules.

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

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

17  department, the department shall publish the address and

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

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

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

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

22         4.  Forms shall not be published in the Florida

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

24  dealings with the public, along with any accompanying

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

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

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

28  reference into the appropriate rule.  The reference shall

29  specifically state that the form is being incorporated by

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

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

                                  2

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    Florida Senate - 2004                                  SB 2340
    21-1187A-04




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

 2  by reference after July 1, 2005, must clearly display the

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

 4  of the rule in which the form is incorporated.

 5         (b)  Electronically publish on an Internet website,

 6  managed by the department and hosted by the State Technology

 7  Office, a weekly publication entitled the "Florida

 8  Administrative Weekly," which shall contain:

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

10  filed during the preceding week.

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

12  the text of all rules proposed for consideration or a

13  reference to the location in the Florida Administrative Weekly

14  where the text of the proposed rules is published.

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

16  workshops conducted in accordance with the provisions of s.

17  120.525, including a statement of the manner in which a copy

18  of the agenda may be obtained.

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

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

21  uniform rules.

22         5.  Notice of petitions for declaratory statements or

23  administrative determinations.

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

25  the Administrative Procedures Committee during the preceding

26  week.

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

28  proposed but not filed for adoption.

29         8.7.  Any other material required or authorized by law

30  or deemed useful by the department.

31  

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    Florida Senate - 2004                                  SB 2340
    21-1187A-04




 1  The department may contract with a publishing firm for printed

 2  publication of the Florida Administrative Weekly and make

 3  copies available on an annual subscription basis.

 4         (c)  Review notices for compliance with format and

 5  numbering requirements before publishing them on the Florida

 6  Administrative Weekly Internet website.

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

 8  for rules submitted for filing and establish the form for

 9  their certification.

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

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

12  after having obtained the advice and consent of the

13  appropriate agency, and insert history notes.

14         (e)  Make copies of the Florida Administrative Weekly

15  available on an annual subscription basis computed to cover a

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

17  publication of the Florida Administrative Weekly.

18         (f)  Charge each agency using the Florida

19  Administrative Weekly a space rate computed to cover a pro

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

21  Administrative Weekly and the Florida Administrative Code.

22         (g)  Maintain a permanent record of all notices

23  published in the Florida Administrative Weekly.

24         (2)  The Florida Administrative Weekly Internet website

25  must allow users to:

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

27  number, word, subject, or agency;

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

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

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

31  selected notices; and

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    Florida Senate - 2004                                  SB 2340
    21-1187A-04




 1         (d)  Access agency forms incorporated by reference in

 2  rules.

 3         (3)(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         (4)(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         (5)  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         (4)(a)  Each year the Department of State shall furnish

18  the Florida Administrative Weekly, without charge and upon

19  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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    Florida Senate - 2004                                  SB 2340
    21-1187A-04




 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         (6)(5)(a)  There is hereby created in the State

 7  Treasury a revolving fund to be known as the "Publication

 8  Revolving Trust Fund" of the Department of State.

 9         (b)  All fees and moneys collected by the Department of

10  State under this chapter shall be deposited in the revolving

11  trust fund for the purpose of paying for the publication and

12  distribution of the Florida Administrative Code and the

13  Florida Administrative Weekly and for associated costs

14  incurred by the department in carrying out this chapter.

15         (c)  The unencumbered balance in the revolving trust

16  fund at the beginning of each fiscal year may shall not exceed

17  $300,000, and any excess shall be transferred to the General

18  Revenue Fund.

19         (d)  It is the intent of the Legislature that the

20  Florida Administrative Weekly be supported entirely from funds

21  collected for subscriptions to and advertisements in the

22  Florida Administrative Weekly.  To that end, the Department of

23  State is authorized to add a surcharge of 10 percent to any

24  charge relating to the Florida Administrative Weekly until

25  such time as the Publication Revolving Trust Fund has

26  transferred to the General Revenue Fund an amount equal to all

27  funds appropriated to the trust fund.

28         Section 2.  Section 120.551, Florida Statutes, is

29  amended to read:

30         120.551  Internet publication.--

31         (1)  For purposes of this section, the term:

                                  6

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    Florida Senate - 2004                                  SB 2340
    21-1187A-04




 1         (a)  "Agency" means the Department of Environmental

 2  Protection and the Board of Trustees of the Internal

 3  Improvement Trust Fund.

 4         (b)  "Internet website" means a centralized Internet

 5  website that is established and maintained by the Department

 6  of Environmental Protection, is provided to the public without

 7  charge, and permits the public to:

 8         1.  Search notices by type, publication date, program

 9  area, or rule number;

10         2.  Search a permanent database that archives all

11  notices published on the website; and

12         3.  Subscribe to an automated e-mail notification of

13  selected notice types.

14         (2)  Whenever the agency is required to publish notices

15  in the Florida Administrative Weekly, the agency shall instead

16  publish the complete notice on the Internet website. Notices

17  published on the Internet website shall clearly state the date

18  the notice was first published and shall be published only on

19  the same days as the Florida Administrative Weekly is

20  published. The Department of State shall publish a statement

21  in the Florida Administrative Weekly that indicates the

22  specific URL or address for the Internet website. The agency

23  shall publish all other notices in the manner prescribed by

24  law.

25         (3)  This section is repealed effective July 1, 2005

26  2004, unless reviewed and reenacted by the Legislature before

27  that date.

28         Section 3.  The Department of State shall, before July

29  1, 2005, make available to all agencies required on the

30  effective date of this act to publish materials in the paper

31  version of the Florida Administrative Weekly training courses

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    Florida Senate - 2004                                  SB 2340
    21-1187A-04




 1  for the purpose of assisting the agencies with their

 2  transition to publishing on the Florida Administrative Weekly

 3  Internet website. The training courses may be provided in the

 4  form of workshops or software packages that allow

 5  self-training by agency personnel.

 6         Section 4.  Except as otherwise specifically provided

 7  in this act, this act shall take effect upon becoming a law.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Requires that the Florida Administrative Weekly be made
      available electronically on an Internet website July 1,
12    2005. Provides requirements for materials that must be
      available and for search capabilities on that website.
13    Deletes provisions for free distribution of the printed
      version of the weekly to specified entities.
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