HOUSE AMENDMENT |
Bill No. HB 1157 CS |
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CHAMBER ACTION |
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Representative Murzin offered the following: |
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Amendment (with title amendment) |
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Remove everything after the enacting clause, and insert: |
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Section 1. Section 120.551, Florida Statutes, is amended |
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to read: |
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120.551 Internet publication pilot project.-- |
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(1) On or before December 31, 2001,The Department of |
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Environmental Protection on its own behalf and acting as staff |
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to the Board of Trustees of the Internal Improvement Trust Fund |
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shall publishand the State Technology Office shall establish |
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and commence a pilot project to determine the cost-effectiveness |
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of publication of notices on the Internet in lieu of complete |
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publication in the Florida Administrative Weekly. The pilot |
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project shall end on July 1, 2003. Under this pilot project, |
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Notwithstanding any other provision of law, whenever notices are |
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published on the Internet in lieu ofthe Department of |
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Environmental Protection is required to publish noticesin the |
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Florida Administrative Weekly, the Department of State shall |
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Environmental Protection instead may publish a summary of such |
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notice in the Florida Administrative Weekly along withthe |
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specific URL or Internet address where the complete agency |
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notice required by law shall be published. The Department of |
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Environmental Protection shall publish All other notices shall |
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be publishedin the manner prescribed by law. Notices published |
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on the Internet under this section shall clearly state the date |
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the notice was first posted on the Internet and shall be |
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initially posted only on the same days the Florida |
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Administrative Weekly is published. Notices related to |
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rulemaking published on the Internet under this provision shall |
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be maintained on the Internet for a period of at least 12 months |
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after the effective date of the rule or at least 3 months after |
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the publication of a notice of withdrawal of the proposed rule. |
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All other notices published on the Internet under this provision |
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shall be maintained on the Internet for a period of at least 3 |
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months after the date first posted. A searchable database or |
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other electronic system shalltobe permanently maintained on |
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the Internet for the purpose of archiving all notices published |
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on the Internet and allowing citizens permanent electronic |
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access to such archived records shall also be established by the |
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pilot project. No notice posted on the Internet shall be removed |
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until the searchable database is implemented. |
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(2) The Department of State shall publish notice of this |
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pilot project in each weekly publication of the Florida |
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Administrative Weekly. The notice shall state: "Under a |
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temporary pilot project, in conjunction with the State |
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Technology Office, to determine the cost-effectiveness of |
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Internet publication of notices in lieu of complete publication |
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in the Florida Administrative Weekly, summaries of notices of |
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the Department of Environmental Protection are being published |
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in the Florida Administrative Weekly along with a reference to |
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the specific Internet URL or address where the complete notice |
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required by law shall be published."
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(3) No later than January 31, 2003, the Department of |
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Environmental Protection, the State Technology Office, and the |
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Department of State shall submit a report to the Governor, the |
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President of the Senate, and the Speaker of the House of |
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Representatives containing findings on the cost-effectiveness of |
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publication of notices on the Internet in lieu of publication in |
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the Florida Administrative Weekly, and recommendations, |
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including legislative or rule changes, for modifications to the |
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process necessary to effectuate publication of notices on the |
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Internet.
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Section 2. Paragraph (i) of subsection (1) of section |
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120.54, Florida Statutes, is amended to read: |
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120.54 Rulemaking.-- |
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(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN |
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EMERGENCY RULES.-- |
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(i)1.A rule may incorporate material by reference but |
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only as the material exists on the date the rule is adopted. For |
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purposes of the rule, changes in the material are not effective |
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unless the rule is amended to incorporate the changes.
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2. Notwithstanding any provision in this section to the |
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contrary, when an adopted rule of the Department of |
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Environmental Protection or a water management district is |
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incorporated by reference in the other agency’s rule to |
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implement a provision of chapter 373, subsequent amendments to |
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the rule are not effective as to the incorporating rule unless |
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the agency incorporating by reference notifies the committee and |
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the Department of State of its intent to adopt the subsequent |
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amendment, publishes notice of such intent in the Florida |
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Administrative Weekly, and files with the Department of State a |
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copy of the amended rule incorporated by reference. Changes in |
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the rule incorporated by reference are effective 20 days after |
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the date of the published notice and filing with the Department |
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of State. The Department of State shall amend the history note |
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of the incorporating rule to show the effective date of such |
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change. Any substantially affected person may, within 14 days |
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after the date of publication of the notice of intent in the |
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Florida Administrative Weekly, file an objection to rulemaking |
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with the agency. The objection shall specify the portions of the |
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rule incorporated by reference to which the person objects and |
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the reasons for the objection. The agency shall not have the |
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authority under this subparagraph to adopt those portions of the |
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rule specified in such objection. Objections which are frivolous |
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or which duplicate those previously filed during the initial |
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adoption of the rule incorporated by reference shall not be |
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considered sufficient to prohibit the agency from adopting rules |
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under this subparagraph. The agency shall publish notice of the |
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objection, and its action in response, in the next available |
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issue of the Florida Administrative Weekly.
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3.A rule may not be amended by reference only. Amendments |
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must set out the amended rule in full in the same manner as |
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required by the State Constitution for laws. The Department of |
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State may prescribe by rule requirements for incorporating |
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materials by reference pursuant to this paragraph. |
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Section 3. This act shall take effect upon becoming a law. |
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================= T I T L E A M E N D M E N T ================= |
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Remove the entire title, and insert: |
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A bill to be entitled |
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An act relating to agency rules; amending s. 120.551, |
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F.S.; providing that the Department of Environmental |
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Protection on its own behalf and on behalf of the Board of |
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Trustees of the Internal Improvement Trust Fund shall |
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publish its notices on the Internet rather than by |
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publication in the Florida Administrative Weekly; |
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requiring the Department of State to publish the specific |
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URL or Internet address for such notices; eliminating a |
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duplicative pilot project which is scheduled to terminate; |
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amending s. 120.54, F.S.; providing that subsequent |
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amendments to certain rules of the Department of |
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Environmental Protection or water management districts |
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which were incorporated by the other agency into its rules |
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are not automatically incorporated into such rules; |
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providing notice and procedures for such additional |
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incorporation; providing for the filing of objections by |
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affected persons; providing notice and procedures for |
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filing such objections; providing an effective date. |