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A bill to be entitled |
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An act relating to administrative procedures; amending s. |
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120.551, F.S.; providing for publication of notices on the |
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Internet in lieu of publication in the Florida |
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Administrative Weekly; providing criteria for publication |
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on the Internet; deleting reference to a pilot project; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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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 of notices in lieu of |
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publication in the Florida Administrative Weeklypilot |
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project.-- |
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(1) Notwithstanding any other provision of law, whenever |
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an agency is required to publish notices in the Florida |
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Administrative Weekly, in lieu of publication in the Florida |
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Administrative Weekly, the agency may elect to publish such |
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notices on the Internet. Notices published on the Internet under |
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this section shall clearly state the date the notice was first |
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posted on the Internet, shall be posted only on the same days |
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the Florida Administrative Weekly is published, and shall comply |
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with the rules relating to such noticing requirements as adopted |
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by the Department of State.On or before December 31, 2001, the |
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Department of Environmental Protection and the State Technology |
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Office shall establish and commence a pilot project to determine |
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the cost-effectiveness of publication of notices on the Internet |
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in lieu of complete publication in the Florida Administrative |
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Weekly. The pilot project shall end on July 1, 2003. Under this |
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pilot project, notwithstanding any other provision of law, |
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whenever the Department of Environmental Protection is required |
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to publish notices in the Florida Administrative Weekly, the |
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Department of Environmental Protection instead may publish a |
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summary of such notice in the Florida Administrative Weekly |
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along with the specific URL or Internet address where the |
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complete notice required by law shall be published. The |
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Department of Environmental Protection shall publish all other |
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notices in the manner prescribed by law. Notices published on |
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the Internet under this section shall clearly state the date the |
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notice was first posted on the Internet and shall be initially |
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posted only on the same days the Florida Administrative Weekly |
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is published.Notices related to rulemaking published on the |
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Internet under this provision shall be maintained on the |
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Internet for a period of at least 12 months after the effective |
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date of the rule or at least 3 months after the publication of a |
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notice of withdrawal of the proposed rule. All other notices |
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published on the Internet under this provision shall be |
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maintained on the Internet for a period of at least 3 months |
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after the date first posted. Each agency electing to publish on |
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the Internet under this section shall maintain a permanentA |
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searchable database or other electronic system to be permanently |
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maintained on the Internetfor the purpose of archiving all |
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notices published on the Internet and allowing citizens |
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permanent electronic access to such archived records shall also |
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be established by the pilot project. No notice posted on the |
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Internet shall be removed until the searchable database is |
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implemented. |
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(2) If an agency elects to publish notices on the |
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Internet, the agency shall publish notice of that election in |
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each weekly publication of the Florida Administrative Weekly |
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beginning at least 90 days before the implementation of such |
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election, provided, however, the Department of Environmental |
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Protection may continue to publish notices on the Internet |
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without such prior notice of that election. Upon commencement of |
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publication on the Internet under such election, the agency |
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shall publish in each weekly publication of the Florida |
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Administrative Weekly a notice stating: “Pursuant to section |
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120.551, Florida Statutes, the [name of agency] has elected to |
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publish notices on the Internet at the following Internet URL or |
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address: [state URL or Internet address].” The Department of |
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State shall establish in the Florida Administrative Weekly a |
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specific section for all such notices.The Department of State |
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shall publish notice of this pilot project in each weekly |
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publication of the Florida Administrative Weekly. The notice |
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shall state: "Under a temporary pilot project, in conjunction |
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with the State Technology Office, to determine the cost- |
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effectiveness of Internet publication of notices in lieu of |
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complete publication in the Florida Administrative Weekly, |
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summaries of notices of the Department of Environmental |
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Protection are being published in the Florida Administrative |
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Weekly along with a reference to the specific Internet URL or |
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address where the complete notice required by law shall be |
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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. This act shall take effect July 1, 2003. |