Senate Bill sb1560c1

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    Florida Senate - 2001                           CS for SB 1560

    By the Committee on Natural Resources and Senators Peaden,
    Bronson, Clary, Mitchell, Latvala, Pruitt and Smith




    312-1930-01

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Environmental Protection; creating s. 120.551,

  4         F.S.; directing the Department of Environmental

  5         Protection and the State Technology Office to

  6         establish a pilot project to test the

  7         cost-effectiveness of publication of notices on

  8         the Internet in lieu of publication in the

  9         Florida Administrative Weekly; directing the

10         Department of State to publish notice of the

11         pilot project; requiring that the Department of

12         Environmental Protection, the State Technology

13         Office, and the Department of State submit a

14         joint report on the cost-effectiveness of

15         publication of such notices on the Internet;

16         providing an effective date.

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

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20         Section 1.  Section 120.551, Florida Statutes, is

21  created to read:

22         120.551  Internet publication pilot project.--

23         (1)  On or before December 31, 2001, the Department of

24  Environmental Protection and the State Technology Office shall

25  establish and commence a pilot project to determine the

26  cost-effectiveness of publication of notices on the Internet

27  in lieu of complete publication in the Florida Administrative

28  Weekly. The pilot project shall end on July 1, 2003. Under

29  this pilot project, notwithstanding any other provision of

30  law, whenever the Department of Environmental Protection is

31  required to publish notices in the Florida Administrative

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    Florida Senate - 2001                           CS for SB 1560
    312-1930-01




  1  Weekly, the Department of Environmental Protection instead may

  2  publish a summary of such notice in the Florida Administrative

  3  Weekly along with the specific URL or Internet address where

  4  the complete notice required by law shall be published. The

  5  Department of Environmental Protection shall publish all other

  6  notices in the manner prescribed by law. Notices published on

  7  the Internet under this section shall clearly state the date

  8  the notice was first posted on the Internet, shall be

  9  initially posted only on the same days the Florida

10  Administrative Weekly is published, and shall comply with the

11  form and content provisions of the Florida Administrative

12  Code. Notices related to rulemaking published on the Internet

13  under this provision shall be maintained on the Internet for a

14  period of at least 12 months after the effective date of the

15  rule or at least 3 months after the publication of a notice of

16  withdrawal of the proposed rule. All other notices published

17  on the Internet under this provision shall be maintained on

18  the Internet for a period of at least 3 months after the date

19  first posted.  A searchable database or other electronic

20  system to be permanently maintained on the Internet for the

21  purpose of archiving all notices published on the Internet and

22  allowing citizens permanent electronic access to such archived

23  records shall also be established by the pilot project.  No

24  notice posted on the Internet shall be removed until the

25  searchable database is implemented.

26         (2)  The Department of State shall publish notice of

27  this pilot project in each weekly publication of the Florida

28  Administrative Weekly. The notice shall state:  "Under a

29  temporary pilot project, in conjunction with the State

30  Technology Office, to determine the cost-effectiveness of

31  Internet publication of notices in lieu of complete

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    Florida Senate - 2001                           CS for SB 1560
    312-1930-01




  1  publication in the Florida Administrative Weekly, summaries of

  2  notices of the Department of Environmental Protection are

  3  being published in the Florida Administrative Weekly, along

  4  with a reference to the specific Internet URL or address where

  5  the complete notice required by law shall be published."

  6         (3)  No later than January 31, 2003, the Department of

  7  Environmental Protection, the State Technology Office, and the

  8  Department of State shall submit a report to the Governor, the

  9  President of the Senate, and the Speaker of the House of

10  Representatives containing findings on the cost-effectiveness

11  of publication of notices on the Internet in lieu of complete

12  publication in the Florida Administrative Weekly and

13  recommendations, including legislative or rule changes, for

14  modifications to the process necessary to effectuate

15  publication of notices on the Internet.

16         Section 2.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                           CS for SB 1560
    312-1930-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1560

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  4  The committee substitute includes the following major changes:

  5  --    The State Technology Office will participate in the
          pilot project.
  6
    --    The Department of Environmental Protection (DEP) must
  7        publish a summary of the notice published on the
          Internet in the FAW, along with the specific URL or
  8        Internet address where the complete notice required by
          law shall be published.
  9
    --    The Department of State, rather than the DEP will
10        publish the notice of the pilot project in the FAW. The
          notice itself is amended to conform to the requirement
11        that summaries of the DEP's notice and reference to the
          Internet URL or address for the notices will be
12        published in the FAW.

13  --    The committee substitute does not specify the DEP's
          website.
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    --    The committee substitute requires a searchable database
15        or other electronic system to be permanently maintained
          on the Internet for the purpose of archiving all notices
16        published on the Internet and allowing citizens
          permanent electronic access to such archived records. No
17        notice posted on the Internet may be removed until the
          searchable database is implemented.
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    --    The Department of State and State Technology Office will
19        participate in the January 31, 2003 report, which will
          include recommendations.
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