HB 1747

CS

CHAMBER ACTION

1	The State Administration Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to administrative procedures; amending s.
7	11.60, F.S.; revising duties of the Administrative
8	Procedures Committee with respect to its review of
9	statutes; amending s. 57.111, F.S.; redefining the term
10	"small business" to include certain specified individuals
11	whose net worth does not exceed a specified amount;
12	amending s. 120.54, F.S.; requiring an agency to file a
13	notice of change with the Administrative Procedures
14	Committee; revising times for filing rules for adoption;
15	providing for the form and provisions of bonds; revising
16	applicability of certain uniform rules; amending s.
17	120.55, F.S.; requiring that certain information be
18	included in forms incorporated by reference in rules;
19	requiring information to be published electronically on an
20	Internet website; providing that such publication does not
21	preclude other publications; providing additional duties
22	of the Department of State with respect to publications;
23	providing requirements for the Internet website; amending
24	s. 120.551, F.S.; postponing the repeal of this section,
25	relating to Internet publication; amending s. 120.56,
26	F.S.; revising provisions relating to withdrawal of
27	challenged rules; amending s. 120.569, F.S.; prescribing
28	circumstances under which the time for filing a petition
29	for hearing must be extended; amending s. 120.57, F.S.;
30	requiring a final order to include an explicit ruling on
31	each exception to the recommended order; providing when
32	certain orders become effective; requiring that additional
33	information be included in notices relating to protests of
34	contract solicitations or awards; amending s. 120.65,
35	F.S.; requiring the Division of Administrative Hearings to
36	include certain recommendations in its annual report to
37	the Administrative Procedures Committee; amending s.
38	120.74, F.S.; requiring agency reports to be filed with
39	the Administrative Procedures Committee; requiring that
40	the annual report filed by an agency identify the types of
41	cases or disputes in which it is involved which should be
42	conducted under the summary hearing process; amending s.
43	120.80, F.S.; requiring that the commission refer certain
44	matters affecting the substantial interest of a utility to
45	the Division of Administrative Hearings so that an
46	administrative judge may be assigned to conduct a hearing
47	and enter a recommended order; requiring the Department of
48	State to provide certain assistance to agencies in their
49	transition to publishing on the Florida Administrative
50	Weekly Internet website; providing effective dates.
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1.  Subsection (4) of section 11.60, Florida
55	Statutes, is amended to read:
56	11.60  Administrative Procedures Committee; creation;
57	membership; powers; duties.--
58	(4)  The committee shall undertake and maintain a
59	systematic and continuous review of statutes that authorize
60	agencies to adopt rules and shall make recommendations to the
61	appropriate standing committees of the Senate and the House of
62	Representatives as to the advisability of considering changes to
63	the delegated legislative authority to adopt rules in specific
64	circumstances. The annual report submitted pursuant to paragraph
65	(2)(f) shall include a schedule for the required systematic
66	review of existing statutes, a summary of the status of this
67	review, and any recommendations provided to the standing
68	committees during the preceding year.
69	Section 2.  Paragraph (d) of subsection (3) of section
70	57.111, Florida Statutes, is amended to read:
71	57.111  Civil actions and administrative proceedings
72	initiated by state agencies; attorneys' fees and costs.--
73	(3)  As used in this section:
74	(d)  The term "small business party" means:
75	1.a.  A sole proprietor of an unincorporated business,
76	including a professional practice, whose principal office is in
77	this state, who is domiciled in this state, and whose business
78	or professional practice has, at the time the action is
79	initiated by a state agency, not more than 25 full-time
80	employees or a net worth of not more than $2 million, including
81	both personal and business investments; or
82	b.  A partnership or corporation, including a professional
83	practice, which has its principal office in this state and has
84	at the time the action is initiated by a state agency not more
85	than 25 full-time employees or a net worth of not more than $2
86	million; or
87	c.  An individual whose net worth did not exceed $2 million
88	at the time the action is initiated by a state agency, including
89	a sole shareholder of a subchapter S corporation, an individual
90	working for a corporation when the individual and the
91	corporation are one and the same entity, an employee of a
92	private or governmental entity who is forced to litigate against
93	agency action, or an individual when an action is brought
94	against that individual's license to operate; or
95	d.  Any other person whose net worth did not exceed $2
96	million at the time the action is initiated by a state agency;
97	or
98	2.  Any Either small business party as defined in
99	subparagraph 1., without regard to the number of its employees
100	or its net worth, in any action under s. 72.011 or in any
101	administrative proceeding under that section to contest the
102	legality of any assessment of tax imposed for the sale or use of
103	services as provided in chapter 212, or interest thereon, or
104	penalty therefor.
105	Section 3.  Paragraphs (d) and (e) of subsection (3) and
106	paragraph (b) of subsection (5) of section 120.54, Florida
107	Statutes, are amended to read:
108	120.54  Rulemaking.--
109	(3)  ADOPTION PROCEDURES.--
110	(d)  Modification or withdrawal of proposed rules.--
111	1.  After the final public hearing on the proposed rule, or
112	after the time for requesting a hearing has expired, if the rule
113	has not been changed from the rule as previously filed with the
114	committee, or contains only technical changes, the adopting
115	agency shall file a notice to that effect with the committee at
116	least 7 days prior to filing the rule for adoption.  Any change,
117	other than a technical change that does not affect the substance
118	of the rule, must be supported by the record of public hearings
119	held on the rule, must be in response to written material
120	received on or before the date of the final public hearing, or
121	must be in response to a proposed objection by the committee. In
122	addition, when any change is made in a proposed rule, other than
123	a technical change, the adopting agency shall provide a copy of
124	a notice of change by certified mail or actual delivery to any
125	person who requests it in writing no later than 21 days after
126	the notice required in paragraph (a). The agency shall file the
127	notice of change with the committee, along with the reasons for
128	the such change, and provide the notice of change to persons
129	requesting it, at least 21 days prior to filing the rule for
130	adoption. The notice of change shall be published in the Florida
131	Administrative Weekly at least 21 days prior to filing the rule
132	for adoption.  This subparagraph does not apply to emergency
133	rules adopted pursuant to subsection (4).
134	2.  After the notice required by paragraph (a) and prior to
135	adoption, the agency may withdraw the rule in whole or in part.
136	3.  After adoption and before the effective date, a rule
137	may be modified or withdrawn only in response to an objection by
138	the committee or may be modified to extend the effective date by
139	not more than 60 days when the committee has notified the agency
140	that an objection to the rule is being considered.
141	4.  The agency shall give notice of its decision to
142	withdraw or modify a rule in the first available issue of the
143	publication in which the original notice of rulemaking was
144	published, shall notify those persons described in subparagraph
145	(a)3. in accordance with the requirements of that subparagraph,
146	and shall notify the Department of State if the rule is required
147	to be filed with the Department of State.
148	5.  After a rule has become effective, it may be repealed
149	or amended only through the rulemaking procedures specified in
150	this chapter.
151	(e)  Filing for final adoption; effective date.--
152	1.  If the adopting agency is required to publish its rules
153	in the Florida Administrative Code, it shall file with the
154	Department of State three certified copies of the rule it
155	proposes to adopt, a summary of the rule, a summary of any
156	hearings held on the rule, and a detailed written statement of
157	the facts and circumstances justifying the rule. Agencies not
158	required to publish their rules in the Florida Administrative
159	Code shall file one certified copy of the proposed rule, and the
160	other material required by this subparagraph, in the office of
161	the agency head, and such rules shall be open to the public.
162	2.  A rule may not be filed for adoption less than 28 days
163	or more than 90 days after the notice required by paragraph (a),
164	until 21 days after the notice required by paragraph (d), until
165	14 days after the final public hearing, until 21 days after
166	preparation of a statement of estimated regulatory costs
167	required under s. 120.541, or until the administrative law judge
168	has rendered a decision under s. 120.56(2), whichever applies.
169	Filings shall be made no less than 28 days nor more than 90 days
170	after the notice required by paragraph (a). When a required
171	notice of change is published prior to the expiration of the
172	time to file the rule for adoption, the period during which a
173	rule must be filed for adoption is extended to 45 days after the
174	date of publication. If notice of a public hearing is published
175	prior to the expiration of the time to file the rule for
176	adoption, the period during which a rule must be filed for
177	adoption is extended to 45 days after adjournment of the final
178	hearing on the rule, 21 days after receipt of all material
179	authorized to be submitted at the hearing, or 21 days after
180	receipt of the transcript, if one is made, whichever is latest.
181	The term "public hearing" includes any public meeting held by
182	any agency at which the rule is considered.  The filing of a
183	petition for an administrative determination under the
184	provisions of s. 120.56(2) shall toll the applicable 90-day
185	period during which a rule must be filed for adoption until 30
186	days after rendition of the final order or until judicial review
187	of the final order is complete the administrative law judge has
188	filed the final order with the clerk.
189	3.  At the time a rule is filed, the agency shall certify
190	that the time limitations prescribed by this paragraph have been
191	complied with, that all statutory rulemaking requirements have
192	been met, and that there is no administrative determination
193	pending on the rule. For the purposes of this paragraph, the
194	term "administrative determination" does not include subsequent
195	judicial review.
196	4.  At the time a rule is filed, the committee shall
197	certify whether the agency has responded in writing to all
198	material and timely written comments or written inquiries made
199	on behalf of the committee. The department shall reject any rule
200	not filed within the prescribed time limits; that does not
201	satisfy all statutory rulemaking requirements; upon which an
202	agency has not responded in writing to all material and timely
203	written inquiries or written comments; upon which an
204	administrative determination is pending; or which does not
205	include a statement of estimated regulatory costs, if required.
206	5.  If a rule has not been adopted within the time limits
207	imposed by this paragraph or has not been adopted in compliance
208	with all statutory rulemaking requirements, the agency proposing
209	the rule shall withdraw the rule and give notice of its action
210	in the next available issue of the Florida Administrative
211	Weekly.
212	6.  The proposed rule shall be adopted on being filed with
213	the Department of State and become effective 20 days after being
214	filed, on a later date specified in the rule, or on a date
215	required by statute. Rules not required to be filed with the
216	Department of State shall become effective when adopted by the
217	agency head or on a later date specified by rule or statute. If
218	the committee notifies an agency that an objection to a rule is
219	being considered, the agency may postpone the adoption of the
220	rule to accommodate review of the rule by the committee.  When
221	an agency postpones adoption of a rule to accommodate review by
222	the committee, the 90-day period for filing the rule is tolled
223	until the committee notifies the agency that it has completed
224	its review of the rule.
225	(5)  UNIFORM RULES.--
226	(b)  The uniform rules of procedure adopted by the
227	commission pursuant to this subsection shall include, but are
228	not limited to:
229	1.  Uniform rules for the scheduling of public meetings,
230	hearings, and workshops.
231	2.  Uniform rules for use by each state agency that provide
232	procedures for conducting public meetings, hearings, and
233	workshops, and for taking evidence, testimony, and argument at
234	such public meetings, hearings, and workshops, in person and by
235	means of communications media technology. The rules shall
236	provide that all evidence, testimony, and argument presented
237	shall be afforded equal consideration, regardless of the method
238	of communication. If a public meeting, hearing, or workshop is
239	to be conducted by means of communications media technology, or
240	if attendance may be provided by such means, the notice shall so
241	state. The notice for public meetings, hearings, and workshops
242	utilizing communications media technology shall state how
243	persons interested in attending may do so and shall name
244	locations, if any, where communications media technology
245	facilities will be available. Nothing in this paragraph shall be
246	construed to diminish the right to inspect public records under
247	chapter 119. Limiting points of access to public meetings,
248	hearings, and workshops subject to the provisions of s. 286.011
249	to places not normally open to the public shall be presumed to
250	violate the right of access of the public, and any official
251	action taken under such circumstances is void and of no effect.
252	Other laws relating to public meetings, hearings, and workshops,
253	including penal and remedial provisions, shall apply to public
254	meetings, hearings, and workshops conducted by means of
255	communications media technology, and shall be liberally
256	construed in their application to such public meetings,
257	hearings, and workshops.  As used in this subparagraph,
258	"communications media technology" means the electronic
259	transmission of printed matter, audio, full-motion video,
260	freeze-frame video, compressed video, and digital video by any
261	method available.
262	3.  Uniform rules of procedure for the filing of notice of
263	protests and formal written protests. The Administration
264	Commission may prescribe the form and substantive provisions of
265	a required bond.
266	4.  Uniform rules of procedure for the filing of petitions
267	for administrative hearings pursuant to s. 120.569 or s. 120.57.
268	For all actions other than agency enforcement and disciplinary
269	actions against a licensee or other person, such rules shall
270	require the petition to include:
271	a.  The identification of the petitioner.
272	b.  A statement of when and how the petitioner received
273	notice of the agency's action or proposed action.
274	c.  An explanation of how the petitioner's substantial
275	interests are or will be affected by the action or proposed
276	action.
277	d.  A statement of all material facts disputed by the
278	petitioner or a statement that there are no disputed facts.
279	e.  A statement of the ultimate facts alleged, including a
280	statement of the specific facts the petitioner contends warrant
281	reversal or modification of the agency's proposed action.
282	f.  A statement of the specific rules or statutes that the
283	petitioner contends require reversal or modification of the
284	agency's proposed action, including an explanation of how the
285	alleged facts relate to the specific rules or statutes.
286	g.  A statement of the relief sought by the petitioner,
287	stating precisely the action petitioner wishes the agency to
288	take with respect to the proposed action.
289	5.  Uniform rules of procedure for the filing and prompt
290	disposition of petitions for declaratory statements. The rules
291	shall also describe the contents of the notices that must be
292	published in the Florida Administrative Weekly under s. 120.565,
293	including any applicable time limit for the filing of petitions
294	to intervene or petitions for administrative hearing by persons
295	whose substantial interests may be affected.
296	6.  Provision of a method by which each agency head shall
297	provide a description of the agency's organization and general
298	course of its operations.
299	7.  Uniform rules establishing procedures for granting or
300	denying petitions for variances and waivers pursuant to s.
301	120.542.
302	Section 4.  Effective December 31, 2006, section 120.55,
303	Florida Statutes, is amended to read:
304	120.55  Publication.--
305	(1)  The Department of State shall:
306	(a)1.  Through a continuous revision system, compile and
307	publish the "Florida Administrative Code." The Florida
308	Administrative Code shall contain all rules adopted by each
309	agency, citing the specific rulemaking authority pursuant to
310	which each rule was adopted, all history notes as authorized in
311	s. 120.545(9), and complete indexes to all rules contained in
312	the code. Supplementation shall be made as often as practicable,
313	but at least monthly.  The department may contract with a
314	publishing firm for the publication, in a timely and useful
315	form, of the Florida Administrative Code; however, the
316	department shall retain responsibility for the code as provided
317	in this section.  This publication shall be the official
318	compilation of the administrative rules of this state. The
319	Department of State shall retain the copyright over the Florida
320	Administrative Code.
321	2.  Rules general in form but applicable to only one school
322	district, community college district, or county, or a part
323	thereof, or state university rules relating to internal
324	personnel or business and finance shall not be published in the
325	Florida Administrative Code. Exclusion from publication in the
326	Florida Administrative Code shall not affect the validity or
327	effectiveness of such rules.
328	3.  At the beginning of the section of the code dealing
329	with an agency that files copies of its rules with the
330	department, the department shall publish the address and
331	telephone number of the executive offices of each agency, the
332	manner by which the agency indexes its rules, a listing of all
333	rules of that agency excluded from publication in the code, and
334	a statement as to where those rules may be inspected.
335	4.  Forms shall not be published in the Florida
336	Administrative Code; but any form which an agency uses in its
337	dealings with the public, along with any accompanying
338	instructions, shall be filed with the committee before it is
339	used. Any form or instruction which meets the definition of
340	"rule" provided in s. 120.52 shall be incorporated by reference
341	into the appropriate rule.  The reference shall specifically
342	state that the form is being incorporated by reference and shall
343	include the number, title, and effective date of the form and an
344	explanation of how the form may be obtained. Each form created
345	by an agency which is incorporated by reference in a rule notice
346	of which is given under s. 120.54(3)(a) after December 31, 2006,
347	must clearly display the number, title, and effective date of
348	the form and the number of the rule in which the form is
349	incorporated.
350	(b)  Electronically publish on an Internet website managed
351	by the department a weekly publication entitled the "Florida
352	Administrative Weekly," which shall serve as the official
353	Internet website for such publication and must contain:
354	1.  Notice of adoption of, and an index to, all rules filed
355	during the preceding week.
356	2.  All notices required by s. 120.54(3)(a), showing the
357	text of all rules proposed for consideration or a reference to
358	the location in the Florida Administrative Weekly where the text
359	of the proposed rules is published.
360	3.  All notices of public meetings, hearings, and workshops
361	conducted in accordance with the provisions of s. 120.525,
362	including a statement of the manner in which a copy of the
363	agenda may be obtained.
364	4.  A notice of each request for authorization to amend or
365	repeal an existing uniform rule or for the adoption of new
366	uniform rules.
367	5.  Notice of petitions for declaratory statements or
368	administrative determinations.
369	6.  A summary of each objection to any rule filed by the
370	Administrative Procedures Committee during the preceding week.
371	7.  A cumulative list of all rules that have been proposed
372	but not filed for adoption.
373	8.7.  Any other material required or authorized by law or
374	deemed useful by the department.
375
376	The department shall publish a printed version of the Florida
377	Administrative Weekly and make copies available on an annual
378	subscription basis. The department may contract with a
379	publishing firm for printed publication of the Florida
380	Administrative Weekly.
381	(c)  Review notices for compliance with format and
382	numbering requirements before publishing them on the Florida
383	Administrative Weekly Internet website.
384	(d)(c)  Prescribe by rule the style and form required for
385	rules submitted for filing and establish the form for their
386	certification.
387	(e)(d)  Correct grammatical, typographical, and like errors
388	not affecting the construction or meaning of the rules, after
389	having obtained the advice and consent of the appropriate
390	agency, and insert history notes.
391	(e)  Make copies of the Florida Administrative Weekly
392	available on an annual subscription basis computed to cover a
393	pro rata share of 50 percent of the costs related to the
394	publication of the Florida Administrative Weekly.
395	(f)  Charge each agency using the Florida Administrative
396	Weekly a space rate computed to cover a pro rata share of 50
397	percent of the costs related to the Florida Administrative
398	Weekly and the Florida Administrative Code.
399	(g)  Maintain a permanent record of all notices published
400	in the Florida Administrative Weekly.
401	(2)  The Florida Administrative Weekly Internet website
402	must allow users to:
403	(a)  Search for notices by type, publication date, rule
404	number, word, subject, and agency;
405	(b)  Search a database that makes available all notices
406	published on the website for a period of at least 5 years;
407	(c)  Subscribe to an automated e-mail notification of
408	selected notices;
409	(d)  View agency forms incorporated by reference in
410	proposed rules; and
411	(e)  Comment on proposed rules.
412	(3)  Publication of material required by paragraph (1)(b)
413	on the Florida Administrative Weekly Internet website does not
414	preclude publication of such material on an agency's website or
415	by other means.
416	(4)(2)  Each agency shall provide copies of its rules upon
417	request, with citations to the grant of rulemaking authority and
418	the specific law implemented for each rule print or distribute
419	copies of its rules, citing the specific rulemaking authority
420	pursuant to which each rule was adopted.
421	(5)(3)  Any publication of a proposed rule promulgated by
422	an agency, whether published in the Florida Administrative Code
423	or elsewhere, shall include, along with the rule, the name of
424	the person or persons originating such rule, the name of the
425	supervisor or person who approved the rule, and the date upon
426	which the rule was approved.
427	(6)  Access to the Florida Administrative Weekly Internet
428	website and its contents, including the e-mail notification
429	service, shall be free for the public.
430	(7)(a)(4)(a)  Each year the Department of State shall
431	furnish the Florida Administrative Weekly, without charge and
432	upon request, as follows:
433	1.  One subscription to each federal and state court having
434	jurisdiction over the residents of the state; the Legislative
435	Library; each state university library; the State Library; each
436	depository library designated pursuant to s. 257.05; and each
437	standing committee of the Senate and House of Representatives
438	and each state legislator.
439	2.  Two subscriptions to each state department.
440	3.  Three subscriptions to the library of the Supreme Court
441	of Florida, the library of each state district court of appeal,
442	the division, the library of the Attorney General, each law
443	school library in Florida, the Secretary of the Senate, and the
444	Clerk of the House of Representatives.
445	4.  Ten subscriptions to the committee.
446	(b)  The Department of State shall furnish one copy of the
447	Florida Administrative Weekly, at no cost, to each clerk of the
448	circuit court and each state department, for posting for public
449	inspection.
450	(8)(5)(a)  All fees and moneys collected by the Department
451	of State under this chapter shall be deposited in the Records
452	Management Trust Fund for the purpose of paying for the
453	publication and distribution of the Florida Administrative Code
454	and the Florida Administrative Weekly and for associated costs
455	incurred by the department in carrying out this chapter.
456	(b)  The unencumbered balance in the Records Management
457	Trust Fund for fees collected pursuant to this chapter may shall
458	not exceed $300,000 at the beginning of each fiscal year, and
459	any excess shall be transferred to the General Revenue Fund.
460	(c)  It is the intent of the Legislature that the Florida
461	Administrative Weekly be supported entirely from funds collected
462	for subscriptions to and advertisements in the Florida
463	Administrative Weekly.
464	Section 5.  Subsection (3) of section 120.551, Florida
465	Statutes, is amended to read:
466	120.551  Internet publication.--
467	(3)  This section is repealed effective December 31, 2006
468	July 1, 2005, unless reviewed and reenacted by the Legislature
469	before that date.
470	Section 6.  Paragraph (b) of subsection (2) of section
471	120.56, Florida Statutes, is amended to read:
472	120.56  Challenges to rules.--
473	(2)  CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.--
474	(b)  The administrative law judge may declare the proposed
475	rule wholly or partly invalid. Unless the decision of the
476	administrative law judge is reversed on appeal, the proposed
477	rule or provision of a proposed rule declared invalid shall be
478	withdrawn by the adopting agency and shall not be adopted. No
479	rule shall be filed for adoption until 28 days after the notice
480	required by s. 120.54(3)(a), until 21 days after the notice
481	required by s. 120.54(3)(d), until 14 days after the public
482	hearing, until 21 days after preparation of a statement of
483	estimated regulatory costs required pursuant to s. 120.541, or
484	until the administrative law judge has rendered a decision,
485	whichever applies. However, the agency may proceed with all
486	other steps in the rulemaking process, including the holding of
487	a factfinding hearing. In the event part of a proposed rule is
488	declared invalid, the adopting agency may, in its sole
489	discretion, withdraw the proposed rule in its entirety. The
490	agency whose proposed rule has been declared invalid in whole or
491	part shall give notice of the decision in the first available
492	issue of the Florida Administrative Weekly.
493	Section 7.  Paragraph (c) of subsection (2) of section
494	120.569, Florida Statutes, is amended to read:
495	120.569  Decisions which affect substantial interests.--
496	(2)
497	(c)  Unless otherwise provided by law, a petition or
498	request for hearing shall include those items required by the
499	uniform rules adopted pursuant to s. 120.54(5)(b)4.  Upon the
500	receipt of a petition or request for hearing, the agency shall
501	carefully review the petition to determine if it contains all of
502	the required information.  A petition shall be dismissed if it
503	is not in substantial compliance with these requirements or it
504	has been untimely filed.  Dismissal of a petition shall, at
505	least once, be without prejudice to petitioner's filing a timely
506	amended petition curing the defect, unless it conclusively
507	appears from the face of the petition that the defect cannot be
508	cured.  The agency shall promptly give written notice to all
509	parties of the action taken on the petition, shall state with
510	particularity its reasons if the petition is not granted, and
511	shall state the deadline for filing an amended petition if
512	applicable. The time for filing a petition shall be extended if
513	the petitioner has been misled or lulled into inaction, has in
514	some extraordinary way been prevented from asserting his or her
515	rights, or has timely asserted his or her rights mistakenly in
516	the wrong forum.
517	Section 8.  Paragraphs (k) and (m) of subsection (1) and
518	paragraph (a) of subsection (3) of section 120.57, Florida
519	Statutes, are amended to read:
520	120.57  Additional procedures for particular cases.--
521	(1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING
522	DISPUTED ISSUES OF MATERIAL FACT.--
523	(k)  The presiding officer shall complete and submit to the
524	agency and all parties a recommended order consisting of
525	findings of fact, conclusions of law, and recommended
526	disposition or penalty, if applicable, and any other information
527	required by law to be contained in the final order. All
528	proceedings conducted under pursuant to this subsection shall be
529	de novo. The agency shall allow each party 15 days in which to
530	submit written exceptions to the recommended order. The final
531	order shall include an explicit ruling on each exception, but an
532	agency need not rule on an exception that does not clearly
533	identify the disputed portion of the recommended order by page
534	number or paragraph, that does not identify the legal basis for
535	the exception, or that does not include appropriate and specific
536	citations to the record.
537	(m)  If a recommended order is submitted to an agency, the
538	agency shall provide a copy of its final order and any
539	exceptions to the division within 15 days after the order is
540	filed with the agency clerk. In these cases, the final order
541	does not become effective until it is provided to the division.
542	(3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
543	CONTRACT SOLICITATION OR AWARD.--Agencies subject to this
544	chapter shall use the uniform rules of procedure, which provide
545	procedures for the resolution of protests arising from the
546	contract solicitation or award process. Such rules shall at
547	least provide that:
548	(a)  The agency shall provide notice of a decision or
549	intended decision concerning a solicitation, contract award, or
550	exceptional purchase by electronic posting. This notice shall
551	contain the following statement: "Failure to file a protest
552	within the time prescribed in section 120.57(3), Florida
553	Statutes, or failure to post the bond or other security required
554	by law within the time allowed for filing a bond shall
555	constitute a waiver of proceedings under chapter 120, Florida
556	Statutes."
557	Section 9.  Paragraph (c) is added to subsection (10) of
558	section 120.65, Florida Statutes, to read:
559	120.65  Administrative law judges.--
560	(10)  Not later than February 1 of each year, the division
561	shall issue a written report to the Administrative Procedures
562	Committee and the Administration Commission, including at least
563	the following information:
564	(c)  Recommendations as to those types of cases or disputes
565	which should be conducted under the summary hearing process
566	described in s. 120.574.
567	Section 10.  Subsection (2) of section 120.74, Florida
568	Statutes, is amended to read:
569	120.74  Agency review, revision, and report.--
570	(2)  Beginning October 1, 1997, and by October 1 of every
571	other year thereafter, the head of each agency shall file a
572	report with the President of the Senate, and the Speaker of the
573	House of Representatives, and the committee, with a copy to each
574	appropriate standing committee of the Legislature, which
575	certifies that the agency has complied with the requirements of
576	this subsection. The report must specify any changes made to its
577	rules as a result of the review and, when appropriate, recommend
578	statutory changes that will promote efficiency, reduce
579	paperwork, or decrease costs to government and the private
580	sector. The report must identify the types of cases or disputes
581	in which the agency is involved which should be conducted under
582	the summary hearing process described in s. 120.574.
583	Section 11.  Paragraph (g) is added to subsection (13) of
584	section 120.80, Florida Statutes, to read:
585	120.80  Exceptions and special requirements; agencies.--
586	(13)  FLORIDA PUBLIC SERVICE COMMISSION.--
587	(g)  When the Public Service Commission initiates an agency
588	action affecting the substantial interest of a utility regulated
589	under chapter 367 concerning any matter pertaining to s.
590	120.60(5) and a formal administrative hearing is requested under
591	s. 120.57, the commission shall refer the matter to the division
592	for the assignment of an administrative law judge to conduct the
593	hearing and enter a recommended order.
594	Section 12.  The Department of State shall, before December
595	31, 2006, make available, to all agencies required on the
596	effective date of this act to publish materials in the Florida
597	Administrative Weekly, training courses for the purpose of
598	assisting the agencies with their transition to publishing on
599	the Florida Administrative Weekly Internet website. The training
600	courses may be provided in the form of workshops or software
601	packages that allow self-training by agency personnel.
602	Section 13.  Except as otherwise expressly provided in this
603	act, this act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.