HB 1157 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to administrative procedures; amending s.
12	120.55, F.S.; providing for electronic publication of the
13	Florida Administrative Weekly on an Internet website in
14	lieu of paper publication; amending content requirements
15	for the Florida Administrative Weekly; requiring the
16	Department of State to review notices; eliminating fees
17	associated with the Florida Administrative Weekly;
18	providing website search and archiving requirements;
19	providing for free agency and public access to the Florida
20	Administrative Weekly Internet website; eliminating trust
21	fund provisions; amending s. 120.551, F.S.; extending the
22	time for the Department of Environmental Protection's
23	Internet publication pilot project; amending s. 287.042,
24	F.S.; eliminating obsolete provisions; providing for
25	future repeal of s. 120.551, F.S., relating to an Internet
26	publication pilot project; providing for discontinuation
27	of the paper version of the Florida Administrative Weekly;
28	requiring notice of discontinuation; providing for agency
29	training courses; providing effective dates.
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31	Be It Enacted by the Legislature of the State of Florida:
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33	Section 1. Effective January 1, 2004, section 120.55,
34	Florida Statutes, is amended to read:
35	120.55 Publication.--
36	(1) The Department of State shall:
37	(a)1. Publish in a permanent compilation entitled "Florida
38	Administrative Code" all rules adopted by each agency, citing
39	the specific rulemaking authority pursuant to which each rule
40	was adopted, all history notes as authorized in s. 120.545(9),
41	and complete indexes to all rules contained in the code.
42	Supplementation shall be made as often as practicable, but at
43	least monthly. The department may contract with a publishing
44	firm for the publication, in a timely and useful form, of the
45	Florida Administrative Code; however, the department shall
46	retain responsibility for the code as provided in this section.
47	This publication shall be the official compilation of the
48	administrative rules of this state. The Department of State
49	shall retain the copyright over the Florida Administrative Code.
50	2. Rules general in form but applicable to only one school
51	district, community college district, or county, or a part
52	thereof, or state university rules relating to internal
53	personnel or business and finance shall not be published in the
54	Florida Administrative Code. Exclusion from publication in the
55	Florida Administrative Code shall not affect the validity or
56	effectiveness of such rules.
57	3. At the beginning of the section of the code dealing
58	with an agency that files copies of its rules with the
59	department, the department shall publish the address and
60	telephone number of the executive offices of each agency, the
61	manner by which the agency indexes its rules, a listing of all
62	rules of that agency excluded from publication in the code, and
63	a statement as to where those rules may be inspected.
64	4. Forms shall not be published in the Florida
65	Administrative Code; but any form which an agency uses in its
66	dealings with the public, along with any accompanying
67	instructions, shall be filed with the committee before it is
68	used. Any form or instruction thatwhichmeets the definition of
69	"rule" provided in s. 120.52 shall be incorporated by reference
70	into the appropriate rule. The reference shall specifically
71	state that the form is being incorporated by reference and shall
72	include the number, title, and effective date of the form and an
73	explanation of how the form may be obtained.
74	(b) Electronically publish on an Internet website,
75	established and maintained by the State Technology Office,a
76	weekly publication entitled the "Florida Administrative Weekly,"
77	which shall contain:
78	1. Notice of adoption of, and an index to, all rules filed
79	during the preceding week.
80	2. All notices required by s. 120.54(3)(a), showing the
81	text of all rules proposed for consideration or a reference to
82	the location in the Florida Administrative Weekly where the text
83	of the proposed rules is published.
84	3. All notices of public meetings, hearings, and workshops
85	conducted in accordance with the provisions of s. 120.525,
86	including a statement of the manner in which a copy of the
87	agenda may be obtained.
88	4. A notice of each request for authorization to amend or
89	repeal an existing uniform rule or for the adoption of new
90	uniform rules.
91	5. Notice of petitions for declaratory statements or
92	administrative determinations.
93	6. A summary of each objection to any rule filed by the
94	Administrative Procedures Committee during the preceding week.
95	7. Any other material required or authorized by law or
96	deemed useful by the department.
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98	The department may contract with a publishing firm for
99	publication of the Florida Administrative Weekly.
100	(c) Review notices for compliance with format and
101	numbering requirements prior to publishing on the Florida
102	Administrative Weekly Internet website.
103	(d)(c)Prescribe by rule the style and form required for
104	rules submitted for filing and establish the form for their
105	certification.
106	(e)(d)Correct grammatical, typographical, and like errors
107	not affecting the construction or meaning of the rules, after
108	having obtained the advice and consent of the appropriate
109	agency, and insert history notes.
110	(e) Make copies of the Florida Administrative Weekly
111	available on an annual subscription basis computed to cover a
112	pro rata share of 50 percent of the costs related to the
113	publication of the Florida Administrative Weekly.
114	(f) Charge each agency using the Florida Administrative
115	Weekly a space rate computed to cover a pro rata share of 50
116	percent of the costs related to the Florida Administrative
117	Weekly.
118	(2) The Florida Administrative Weekly Internet website
119	shall allow users to:
120	(a) Search for notices by type, publication date, program
121	area, rule number, or agency.
122	(b) Search by word or subject.
123	(c) Search a permanent database that archives all notices
124	published on the website.
125	(d) Subscribe to an automated e-mail notification of
126	selected notices.
127	(3)(2)Each agency shall print or distribute copies of its
128	rules, citing the specific rulemaking authority pursuant to
129	which each rule was adopted.
130	(4)(3)Any publication of a proposed rule promulgated by
131	an agency, whether published in the Florida Administrative Code
132	or elsewhere, shall include, along with the rule, the name of
133	the person or persons originating such rule, the name of the
134	supervisor or person who approved the rule, and the date upon
135	which the rule was approved.
136	(5) Agencies shall not be assessed any charge for
137	publishing in the Florida Administrative Weekly, and access to
138	the Florida Administrative Weekly Internet website and its
139	contents, including the e-mail notification service, shall be
140	free for agencies and the public.
141	(4)(a) Each year the Department of State shall furnish the
142	Florida Administrative Weekly, without charge and upon request,
143	as follows:
144	1. One subscription to each federal and state court having
145	jurisdiction over the residents of the state; the Legislative
146	Library; each state university library; the State Library; each
147	depository library designated pursuant to s. 257.05; and each
148	standing committee of the Senate and House of Representatives
149	and each state legislator.
150	2. Two subscriptions to each state department.
151	3. Three subscriptions to the library of the Supreme Court
152	of Florida, the library of each state district court of appeal,
153	the division, the library of the Attorney General, each law
154	school library in Florida, the Secretary of the Senate, and the
155	Clerk of the House of Representatives.
156	4. Ten subscriptions to the committee.
157	(b) The Department of State shall furnish one copy of the
158	Florida Administrative Weekly, at no cost, to each clerk of the
159	circuit court and each state department, for posting for public
160	inspection.
161	(5)(a) There is hereby created in the State Treasury a
162	revolving fund to be known as the "Publication Revolving Trust
163	Fund" of the Department of State.
164	(b) All fees and moneys collected by the Department of
165	State under this chapter shall be deposited in the revolving
166	trust fund for the purpose of paying for the publication and
167	distribution of the Florida Administrative Code and the Florida
168	Administrative Weekly and for associated costs incurred by the
169	department in carrying out this chapter.
170	(c) The unencumbered balance in the revolving trust fund
171	at the beginning of each fiscal year shall not exceed $300,000,
172	and any excess shall be transferred to the General Revenue Fund.
173	(d) It is the intent of the Legislature that the Florida
174	Administrative Weekly be supported entirely from funds collected
175	for subscriptions to and advertisements in the Florida
176	Administrative Weekly. To that end, the Department of State is
177	authorized to add a surcharge of 10 percent to any charge
178	relating to the Florida Administrative Weekly until such time as
179	the Publication Revolving Trust Fund has transferred to the
180	General Revenue Fund an amount equal to all funds appropriated
181	to the trust fund.
182	Section 2. Subsection (1) of section 120.551, Florida
183	Statutes, is amended to read:
184	120.551 Internet publication pilot project.--
185	(1) On or before December 31, 2001, the Department of
186	Environmental Protection and the State Technology Office shall
187	establish and commence a pilot project to determine the cost-
188	effectiveness of publication of notices on the Internet in lieu
189	of complete publication in the Florida Administrative Weekly.
190	The pilot project shall end on December 31July 1, 2003. Under
191	this pilot project, notwithstanding any other provision of law,
192	whenever the Department of Environmental Protection is required
193	to publish notices in the Florida Administrative Weekly, the
194	Department of Environmental Protection instead may publish a
195	summary of such notice in the Florida Administrative Weekly
196	along with the specific URL or Internet address where the
197	complete notice required by law shall be published. The
198	Department of Environmental Protection shall publish all other
199	notices in the manner prescribed by law. Notices published on
200	the Internet under this section shall clearly state the date the
201	notice was first posted on the Internet and shall be initially
202	posted only on the same days the Florida Administrative Weekly
203	is published. Notices related to rulemaking published on the
204	Internet under this provision shall be maintained on the
205	Internet for a period of at least 12 months after the effective
206	date of the rule or at least 3 months after the publication of a
207	notice of withdrawal of the proposed rule. All other notices
208	published on the Internet under this provision shall be
209	maintained on the Internet for a period of at least 3 months
210	after the date first posted. A searchable database or other
211	electronic system to be permanently maintained on the Internet
212	for the purpose of archiving all notices published on the
213	Internet and allowing citizens permanent electronic access to
214	such archived records shall also be established by the pilot
215	project. No notice posted on the Internet shall be removed until
216	the searchable database is implemented.
217	Section 3. Paragraph (b) of subsection (3) of section
218	287.042, Florida Statutes, is amended to read:
219	287.042 Powers, duties, and functions.--The department
220	shall have the following powers, duties, and functions:
221	(3) To establish a system of coordinated, uniform
222	procurement policies, procedures, and practices to be used by
223	agencies in acquiring commodities and contractual services,
224	which shall include, but not be limited to:
225	(b)1. Development of procedures for advertising
226	solicitations. These procedures must provide for electronic
227	posting of solicitations for at least 10 days before the date
228	set for receipt of bids, proposals, or replies, unless the
229	department or other agency determines in writing that a shorter
230	period of time is necessary to avoid harming the interests of
231	the state. The Office of Supplier Diversity may consult with the
232	department regarding the development of solicitation
233	distribution procedures to ensure that maximum distribution is
234	afforded to certified minority business enterprises as defined
235	in s. 288.703.
236	2. Development of procedures for electronic posting. The
237	department shall designate a centralized website on the Internet
238	for the department and other agencies to electronically post
239	solicitations, decisions or intended decisions, and other
240	matters relating to procurement. From July 1, 2002, until July
241	1, 2003, the department shall publish a notice in each edition
242	of the Florida Administrative Weekly which indicates the
243	specific URL or Internet address for the centralized website.
244	Section 4. Effective December 31, 2003, section 120.551,
245	Florida Statutes, is repealed.
246	Section 5. Publication of the paper version of the Florida
247	Administrative Weekly shall be discontinued as of December 31,
248	2003. Beginning October 1, 2003, each Florida Administrative
249	Weekly issue published shall include a notice indicating that
250	the paper version of the Florida Administrative Weekly will no
251	longer be published as of the date established in this section
252	and indicating the specific Internet URL or address for the
253	future Florida Administrative Weekly Internet website.
254	Section 6. The Department of State, with the assistance of
255	the State Technology Office, shall, prior to December 31, 2003,
256	make training courses available to all agencies currently
257	required to publish in the paper version of the Florida
258	Administrative Weekly. The training courses shall be for the
259	purpose of assisting the agencies with their transition to
260	publishing on the Florida Administrative Weekly Internet website
261	and may be provided in the form of workshops or self-training
262	software packages.
263	Section 7. Except as otherwise provided herein, this act
264	shall take effect upon becoming law.
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