HB 1157 2003
1	A bill to be entitled
2	An act relating to administrative procedures; amending s.
3	120.551, F.S.; providing for publication of notices on the
4	Internet in lieu of publication in the Florida
5	Administrative Weekly; providing criteria for publication
6	on the Internet; deleting reference to a pilot project;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Section 120.551, Florida Statutes, is amended
12	to read:
13	120.551 Internet publication of notices in lieu of
14	publication in the Florida Administrative Weeklypilot
15	project.--
16	(1) Notwithstanding any other provision of law, whenever
17	an agency is required to publish notices in the Florida
18	Administrative Weekly, in lieu of publication in the Florida
19	Administrative Weekly, the agency may elect to publish such
20	notices on the Internet. Notices published on the Internet under
21	this section shall clearly state the date the notice was first
22	posted on the Internet, shall be posted only on the same days
23	the Florida Administrative Weekly is published, and shall comply
24	with the rules relating to such noticing requirements as adopted
25	by the Department of State.On or before December 31, 2001, the
26	Department of Environmental Protection and the State Technology
27	Office shall establish and commence a pilot project to determine
28	the cost-effectiveness of publication of notices on the Internet
29	in lieu of complete publication in the Florida Administrative
30	Weekly. The pilot project shall end on July 1, 2003. Under this
31	pilot project, notwithstanding any other provision of law,
32	whenever the Department of Environmental Protection is required
33	to publish notices in the Florida Administrative Weekly, the
34	Department of Environmental Protection instead may publish a
35	summary of such notice in the Florida Administrative Weekly
36	along with the specific URL or Internet address where the
37	complete notice required by law shall be published. The
38	Department of Environmental Protection shall publish all other
39	notices in the manner prescribed by law. Notices published on
40	the Internet under this section shall clearly state the date the
41	notice was first posted on the Internet and shall be initially
42	posted only on the same days the Florida Administrative Weekly
43	is published.Notices related to rulemaking published on the
44	Internet under this provision shall be maintained on the
45	Internet for a period of at least 12 months after the effective
46	date of the rule or at least 3 months after the publication of a
47	notice of withdrawal of the proposed rule. All other notices
48	published on the Internet under this provision shall be
49	maintained on the Internet for a period of at least 3 months
50	after the date first posted. Each agency electing to publish on
51	the Internet under this section shall maintain a permanentA
52	searchable database or other electronic system to be permanently
53	maintained on the Internetfor the purpose of archiving all
54	notices published on the Internet and allowing citizens
55	permanent electronic access to such archived records shall also
56	be established by the pilot project. No notice posted on the
57	Internet shall be removed until the searchable database is
58	implemented.
59	(2) If an agency elects to publish notices on the
60	Internet, the agency shall publish notice of that election in
61	each weekly publication of the Florida Administrative Weekly
62	beginning at least 90 days before the implementation of such
63	election, provided, however, the Department of Environmental
64	Protection may continue to publish notices on the Internet
65	without such prior notice of that election. Upon commencement of
66	publication on the Internet under such election, the agency
67	shall publish in each weekly publication of the Florida
68	Administrative Weekly a notice stating: “Pursuant to section
69	120.551, Florida Statutes, the [name of agency] has elected to
70	publish notices on the Internet at the following Internet URL or
71	address: [state URL or Internet address].” The Department of
72	State shall establish in the Florida Administrative Weekly a
73	specific section for all such notices.The Department of State
74	shall publish notice of this pilot project in each weekly
75	publication of the Florida Administrative Weekly. The notice
76	shall state: "Under a temporary pilot project, in conjunction
77	with the State Technology Office, to determine the cost-
78	effectiveness of Internet publication of notices in lieu of
79	complete publication in the Florida Administrative Weekly,
80	summaries of notices of the Department of Environmental
81	Protection are being published in the Florida Administrative
82	Weekly along with a reference to the specific Internet URL or
83	address where the complete notice required by law shall be
84	published."
85	(3) No later than January 31, 2003, the Department of
86	Environmental Protection, the State Technology Office, and the
87	Department of State shall submit a report to the Governor, the
88	President of the Senate, and the Speaker of the House of
89	Representatives containing findings on the cost-effectiveness of
90	publication of notices on the Internet in lieu of publication in
91	the Florida Administrative Weekly, and recommendations,
92	including legislative or rule changes, for modifications to the
93	process necessary to effectuate publication of notices on the
94	Internet.
95	Section 2. This act shall take effect July 1, 2003.