August 07, 2020
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Senate Bill 2340

Senate Bill sb2340c1

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

    By the Committee on Governmental Oversight and Productivity;
    and Senator Bennett




    302-2132-04

  1                      A bill to be entitled

  2         An act relating to administrative procedure;

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

  4         incorporated by reference to display specified

  5         information; requiring electronic publication

  6         of the Florida Administrative Weekly on an

  7         Internet website managed by the Department of

  8         State in collaboration with the State

  9         Technology Office; prescribing content and

10         website search requirements; providing for free

11         public access to such website; providing

12         guidelines for publishing, revising guidelines

13         for distributing, and specifying the funding

14         source for the print version of the Florida

15         Administrative Weekly; amending s. 120.551,

16         F.S.; postponing the repeal of such section;

17         providing for training courses for agencies

18         currently publishing materials in the Florida

19         Administrative Weekly; providing effective

20         dates.

21  

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

23  

24         Section 1.  Effective December 31, 2005, section

25  120.55, Florida Statutes, is amended to read:

26         120.55  Publication.--

27         (1)  The Department of State shall:

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

29  "Florida Administrative Code" all rules adopted by each

30  agency, citing the specific rulemaking authority pursuant to

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

                                  1

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    Florida Senate - 2004                           CS for SB 2340
    302-2132-04




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

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

 3  practicable, but at least monthly.  The department may

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

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

 6  however, the department shall retain responsibility for the

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

 8  the official compilation of the administrative rules of this

 9  state.  The Department of State shall retain the copyright

10  over the Florida Administrative Code.

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

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

13  part thereof, or state university rules relating to internal

14  personnel or business and finance shall not be published in

15  the Florida Administrative Code. Exclusion from publication in

16  the Florida Administrative Code shall not affect the validity

17  or effectiveness of such rules.

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

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

20  department, the department shall publish the address and

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

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

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

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

25         4.  Forms shall not be published in the Florida

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

27  dealings with the public, along with any accompanying

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

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

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

31  reference into the appropriate rule.  The reference shall

                                  2

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    Florida Senate - 2004                           CS for SB 2340
    302-2132-04




 1  specifically state that the form is being incorporated by

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

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

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

 5  by reference after December 31, 2005, must clearly display the

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

 7  of the rule in which the form is incorporated.

 8         (b)  Electronically publish on an Internet website,

 9  managed by the department and hosted by the State Technology

10  Office, a weekly publication entitled the "Florida

11  Administrative Weekly," which shall contain:

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

13  filed during the preceding week.

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

15  the text of all rules proposed for consideration or a

16  reference to the location in the Florida Administrative Weekly

17  where the text of the proposed rules is published.

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

19  workshops conducted in accordance with the provisions of s.

20  120.525, including a statement of the manner in which a copy

21  of the agenda may be obtained.

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

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

24  uniform rules.

25         5.  Notice of petitions for declaratory statements or

26  administrative determinations.

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

28  the Administrative Procedures Committee during the preceding

29  week.

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

31  proposed but not filed for adoption.

                                  3

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    Florida Senate - 2004                           CS for SB 2340
    302-2132-04




 1         8.7.  Any other material required or authorized by law

 2  or deemed useful by the department.

 3  

 4  The department may contract with a publishing firm for printed

 5  publication of the Florida Administrative Weekly and make

 6  copies available on an annual subscription basis. All costs

 7  related to the printed publication of the Florida

 8  Administrative Weekly shall be funded solely by annual

 9  subscription revenue.

10         (c)  Review notices for compliance with format and

11  numbering requirements before publishing them on the Florida

12  Administrative Weekly Internet website.

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

14  for rules submitted for filing and establish the form for

15  their certification.

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

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

18  after having obtained the advice and consent of the

19  appropriate agency, and insert history notes.

20         (e)  Make copies of the Florida Administrative Weekly

21  available on an annual subscription basis computed to cover a

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

23  publication of the Florida Administrative Weekly.

24         (f)  Charge each agency using the Florida

25  Administrative Weekly a space rate computed to cover a pro

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

27  Administrative Weekly and the Florida Administrative Code.

28         (g)  Maintain a permanent record of all notices

29  published in the Florida Administrative Weekly.

30         (2)  The Florida Administrative Weekly Internet website

31  must allow users to:

                                  4

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    Florida Senate - 2004                           CS for SB 2340
    302-2132-04




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

 2  number, word, subject, or agency;

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

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

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

 6  selected notices; and

 7         (d)  Access agency forms incorporated by reference in

 8  rules.

 9         (3)(2)  Each agency shall provide copies of its rules

10  upon request, with citations to the grant of rulemaking

11  authority and the specific law implemented for each rule print

12  or distribute copies of its rules, citing the specific

13  rulemaking authority pursuant to which each rule was adopted.

14         (4)(3)  Any publication of a proposed rule promulgated

15  by an agency, whether published in the Florida Administrative

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

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

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

19  date upon which the rule was approved.

20         (5)  Access to the Florida Administrative Weekly

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

22  notification service, shall be free for the public.

23         (6)(4)(a)  If the Florida Administrative Weekly is made

24  available by the Department of State as a printed publication,

25  the department shall furnish:

26         (a)  Copies of Each year the Department of State shall

27  furnish the Florida Administrative Weekly, without charge and

28  upon request, as follows:

29         1.  One subscription to each federal and state court

30  having jurisdiction over the residents of the state; the

31  Legislative Library; each state university library; the State

                                  5

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    Florida Senate - 2004                           CS for SB 2340
    302-2132-04




 1  Library; each depository library designated pursuant to s.

 2  257.05; and each standing committee of the Senate and House of

 3  Representatives and each state legislator.

 4         2.  Two subscriptions to each state department.

 5         3.  Three subscriptions to the library of the Supreme

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

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

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

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

10         4.  Ten subscriptions to the committee.

11         (b)  The Department of State shall furnish One copy of

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

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

14  for public inspection.

15         (7)(5)(a)  There is hereby created in the State

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

17  Revolving Trust Fund" of the Department of State.

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

19  State under this chapter shall be deposited in the revolving

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

21  distribution of the Florida Administrative Code and the

22  Florida Administrative Weekly and for associated costs

23  incurred by the department in carrying out this chapter.

24         (c)  The unencumbered balance in the revolving trust

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

26  $300,000, and any excess shall be transferred to the General

27  Revenue Fund.

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

29  Florida Administrative Weekly be supported entirely from funds

30  collected for subscriptions to and advertisements in the

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

                                  6

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    Florida Senate - 2004                           CS for SB 2340
    302-2132-04




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

 2  charge relating to the Florida Administrative Weekly until

 3  such time as the Publication Revolving Trust Fund has

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

 5  funds appropriated to the trust fund.

 6         Section 2.  Section 120.551, Florida Statutes, is

 7  amended to read:

 8         120.551  Internet publication.--

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

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

11  Protection and the Board of Trustees of the Internal

12  Improvement Trust Fund.

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

14  website that is established and maintained by the Department

15  of Environmental Protection, is provided to the public without

16  charge, and permits the public to:

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

18  area, or rule number;

19         2.  Search a permanent database that archives all

20  notices published on the website; and

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

22  selected notice types.

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

24  in the Florida Administrative Weekly, the agency shall instead

25  publish the complete notice on the Internet website. Notices

26  published on the Internet website shall clearly state the date

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

28  the same days as the Florida Administrative Weekly is

29  published. The Department of State shall publish a statement

30  in the Florida Administrative Weekly that indicates the

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

                                  7

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    Florida Senate - 2004                           CS for SB 2340
    302-2132-04




 1  shall publish all other notices in the manner prescribed by

 2  law.

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

 4  2005 July 1, 2004, unless reviewed and reenacted by the

 5  Legislature before that date.

 6         Section 3.  The Department of State shall, before

 7  December 31, 2005, make available to all agencies required on

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

 9  Florida Administrative Weekly training courses for the purpose

10  of assisting the agencies with their transition to publishing

11  on the Florida Administrative Weekly Internet website. The

12  training courses may be provided in the form of workshops or

13  software packages that allow self-training by agency

14  personnel.

15         Section 4.  Except as otherwise expressly provided in

16  this act, this act shall take effect upon becoming a law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 2340

20                                 

21  The committee substitute extends the implementation date for
    the Florida Administrative Weekly website from July 1, 2005,
22  to December 31, 2005. It adds that costs associated with the
    printed version of the Florida Administrative Weekly must be
23  funded by subscription revenue.

24  

25  

26  

27  

28  

29  

30  

31  

                                  8

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