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.