August 07, 2020
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Senate Bill 2340

Senate Bill sb2340c2

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

    By the Committees on Appropriations; Governmental Oversight
    and Productivity; and Senator Bennett




    309-2560-04

  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; prescribing content and website search

  9         requirements; providing for free public access

10         to such website; providing guidelines for

11         publishing, revising guidelines for

12         distributing, and specifying the funding source

13         for the print version of the Florida

14         Administrative Weekly; amending s. 120.551,

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

16         providing for training courses for agencies

17         currently publishing materials in the Florida

18         Administrative Weekly; providing effective

19         dates.

20  

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

22  

23         Section 1.  Effective December 31, 2005, section

24  120.55, Florida Statutes, is amended to read:

25         120.55  Publication.--

26         (1)  The Department of State shall:

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

28  "Florida Administrative Code" all rules adopted by each

29  agency, citing the specific rulemaking authority pursuant to

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

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

                                  1

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    Florida Senate - 2004                    CS for CS for SB 2340
    309-2560-04




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

 2  practicable, but at least monthly.  The department may

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

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

 5  however, the department shall retain responsibility for the

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

 7  the official compilation of the administrative rules of this

 8  state.  The Department of State shall retain the copyright

 9  over the Florida Administrative Code.

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

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

12  part thereof, or state university rules relating to internal

13  personnel or business and finance shall not be published in

14  the Florida Administrative Code. Exclusion from publication in

15  the Florida Administrative Code shall not affect the validity

16  or effectiveness of such rules.

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

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

19  department, the department shall publish the address and

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

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

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

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

24         4.  Forms shall not be published in the Florida

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

26  dealings with the public, along with any accompanying

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

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

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

30  reference into the appropriate rule.  The reference shall

31  specifically state that the form is being incorporated by

                                  2

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    Florida Senate - 2004                    CS for CS for SB 2340
    309-2560-04




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

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

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

 4  by reference in a rule noticed pursuant to s. 120.54(3)(a)

 5  after December 31, 2005, must clearly display the number,

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

 7  rule in which the form is incorporated.

 8         (b)  Electronically publish on an Internet website,

 9  managed by the department, a weekly publication entitled the

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

11  official Internet website for such publication and shall

12  contain:

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

14  filed during the preceding week.

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

16  the text of all rules proposed for consideration or a

17  reference to the location in the Florida Administrative Weekly

18  where the text of the proposed rules is published.

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

20  workshops conducted in accordance with the provisions of s.

21  120.525, including a statement of the manner in which a copy

22  of the agenda may be obtained.

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

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

25  uniform rules.

26         5.  Notice of petitions for declaratory statements or

27  administrative determinations.

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

29  the Administrative Procedures Committee during the preceding

30  week.

31  

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    Florida Senate - 2004                    CS for CS for SB 2340
    309-2560-04




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

 2  proposed but not filed for adoption.

 3         8.7.  Any other material required or authorized by law

 4  or deemed useful by the department.

 5  

 6  The department may contract with a publishing firm for printed

 7  publication of the Florida Administrative Weekly and make

 8  copies available on an annual subscription basis. All costs

 9  related to the printed publication of the Florida

10  Administrative Weekly shall be funded solely by annual

11  subscription revenue.

12         (c)  Review notices for compliance with format and

13  numbering requirements before publishing them on the Florida

14  Administrative Weekly Internet website.

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

16  for rules submitted for filing and establish the form for

17  their certification.

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

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

20  after having obtained the advice and consent of the

21  appropriate agency, and insert history notes.

22         (e)  Make copies of the Florida Administrative Weekly

23  available on an annual subscription basis computed to cover a

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

25  publication of the Florida Administrative Weekly.

26         (f)  Charge each agency using the Florida

27  Administrative Weekly a space rate computed to cover a pro

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

29  Administrative Weekly and the Florida Administrative Code.

30         (g)  Maintain a permanent record of all notices

31  published in the Florida Administrative Weekly.

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    Florida Senate - 2004                    CS for CS for SB 2340
    309-2560-04




 1         (2)  The Florida Administrative Weekly Internet website

 2  must allow users to:

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

 4  number, word, subject, or agency;

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

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

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

 8  selected notices; and

 9         (d)  View agency forms incorporated by reference in

10  proposed rules.

11         (3)(2)  Each agency shall provide copies of its rules

12  upon request, with citations to the grant of rulemaking

13  authority and the specific law implemented for each rule print

14  or distribute copies of its rules, citing the specific

15  rulemaking authority pursuant to which each rule was adopted.

16         (4)(3)  Any publication of a proposed rule promulgated

17  by an agency, whether published in the Florida Administrative

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

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

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

21  date upon which the rule was approved.

22         (5)  Access to the Florida Administrative Weekly

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

24  notification service, shall be free for the public.

25         (6)(4)(a)  If the Florida Administrative Weekly is made

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

27  the department shall furnish:

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

29  furnish the Florida Administrative Weekly, without charge and

30  upon request, as follows:

31  

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    Florida Senate - 2004                    CS for CS for SB 2340
    309-2560-04




 1         1.  One subscription to each federal and state court

 2  having jurisdiction over the residents of the state; the

 3  Legislative Library; each state university library; the State

 4  Library; each depository library designated pursuant to s.

 5  257.05; and each standing committee of the Senate and House of

 6  Representatives and each state legislator.

 7         2.  Two subscriptions to each state department.

 8         3.  Three subscriptions to the library of the Supreme

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

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

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

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

13         4.  Ten subscriptions to the committee.

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

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

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

17  for public inspection.

18         (7)(5)(a)  There is hereby created in the State

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

20  Revolving Trust Fund" of the Department of State.

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

22  State under this chapter shall be deposited in the revolving

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

24  distribution of the Florida Administrative Code and the

25  Florida Administrative Weekly and for associated costs

26  incurred by the department in carrying out this chapter.

27         (c)  The unencumbered balance in the revolving trust

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

29  $300,000, and any excess shall be transferred to the General

30  Revenue Fund.

31  

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    Florida Senate - 2004                    CS for CS for SB 2340
    309-2560-04




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

 2  Florida Administrative Weekly be supported entirely from funds

 3  collected for subscriptions to and advertisements in the

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

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

 6  charge relating to the Florida Administrative Weekly until

 7  such time as the Publication Revolving Trust Fund has

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

 9  funds appropriated to the trust fund.

10         Section 2.  Section 120.551, Florida Statutes, is

11  amended to read:

12         120.551  Internet publication.--

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

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

15  Protection and the Board of Trustees of the Internal

16  Improvement Trust Fund.

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

18  website that is established and maintained by the Department

19  of Environmental Protection, is provided to the public without

20  charge, and permits the public to:

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

22  area, or rule number;

23         2.  Search a permanent database that archives all

24  notices published on the website; and

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

26  selected notice types.

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

28  in the Florida Administrative Weekly, the agency shall instead

29  publish the complete notice on the Internet website. Notices

30  published on the Internet website shall clearly state the date

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

                                  7

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    Florida Senate - 2004                    CS for CS for SB 2340
    309-2560-04




 1  the same days as the Florida Administrative Weekly is

 2  published. The Department of State shall publish a statement

 3  in the Florida Administrative Weekly that indicates the

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

 5  shall publish all other notices in the manner prescribed by

 6  law.

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

 8  2005 July 1, 2004, unless reviewed and reenacted by the

 9  Legislature before that date.

10         Section 3.  The Department of State shall, before

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

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

13  Florida Administrative Weekly training courses for the purpose

14  of assisting the agencies with their transition to publishing

15  on the Florida Administrative Weekly Internet website. The

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

17  software packages that allow self-training by agency

18  personnel.

19         Section 4.  Except as otherwise expressly provided in

20  this act, this act shall take effect July 1, 2004.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                            CS/SB 2340

24                                 

25  The committee substitute changes the requirement in the bill
    that the Department of State website allow internet access to
26  agency forms incorporated in rules to instead require that the
    website allow viewing of agency forms incorporated in proposed
27  rules.

28  

29  

30  

31  

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