Florida Senate - 2009                                    SB 2188
       
       
       
       By Senator Joyner
       
       
       
       
       18-00156A-09                                          20092188__
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.52, F.S.; revising the definition of the term
    4         “agency” for purposes of ch. 120, F.S.; amending s.
    5         120.525, F.S.; requiring each agency to give notice of
    6         public meetings, hearings, and workshops on the
    7         agency's website; requiring each agency to publish
    8         agendas on the agency's website; amending s. 120.54,
    9         F.S.; revising the definition of the term “small
   10         business” with regard to special matters to be
   11         considered by an agency in rule adoption; requiring an
   12         agency to ensure that persons responsible for
   13         preparing a proposed rule be available at a public
   14         hearing regarding the proposed rule; requiring that
   15         certain materials submitted to the agency on or before
   16         the date of the final public hearing be considered by
   17         the agency and made a part of the record of the
   18         rulemaking proceeding; requiring that a change to a
   19         proposed rule be in response to written materials
   20         submitted to the agency within a specified time after
   21         the date of publication of the notice of intended
   22         agency action or submitted to the agency on or before
   23         the date of the final public hearing; requiring that a
   24         proposed rule become effective on a date specified in
   25         the notice of the agency's intended action; requiring
   26         that the statement of an agency's organization and
   27         operations be published on the agency's website;
   28         providing that a rule that adopts federal standards
   29         becomes effective upon the date designated by the
   30         agency in the notice of intent to adopt the rule;
   31         amending s. 120.80, F.S.; deleting a provision that
   32         prohibits the Department of Environmental Protection
   33         from adopting the lowest regulatory cost alternative
   34         under certain circumstances; providing an effective
   35         date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (1) of section 120.52, Florida
   40  Statutes, is amended to read:
   41         120.52 Definitions.—As used in this act:
   42         (1) “Agency” means the following officers or governmental
   43  entities when acting pursuant to statutory authority:
   44         (a) The Governor; each state officer and state department,
   45  and each departmental unit described in s. 20.04; the Board of
   46  Governors of the State University System; the Commission on
   47  Ethics; the Fish and Wildlife Conservation Commission; a
   48  regional water supply authority; a regional planning agency; a
   49  multicounty special district, but only when a majority of its
   50  governing board is comprised of nonelected persons; educational
   51  units; and each entity described in chapters 163, 373, 380, and
   52  582 and s. 186.504 in the exercise of all executive powers other
   53  than those derived from the constitution.
   54         (b) Each officer and governmental entity in the state
   55  having statewide jurisdiction or jurisdiction in more than one
   56  county.:
   57         1.State officer and state department, and each
   58  departmental unit described in s. 20.04.
   59         2.Authority, including a regional water supply authority.
   60         3.Board, including the Board of Governors of the State
   61  University System and a state university board of trustees when
   62  acting pursuant to statutory authority derived from the
   63  Legislature.
   64         4.Commission, including the Commission on Ethics and the
   65  Fish and Wildlife Conservation Commission when acting pursuant
   66  to statutory authority derived from the Legislature.
   67         5.Regional planning agency.
   68         6.Multicounty special district with a majority of its
   69  governing board comprised of nonelected persons.
   70         7.Educational units.
   71         8.Entity described in chapters 163, 373, 380, and 582 and
   72  s. 186.504.
   73         (c) Each officer and governmental entity in the state
   74  having jurisdiction in one county or less than one county other
   75  unit of government in the state, including counties and
   76  municipalities, to the extent they are expressly made subject to
   77  this act by general or special law or existing judicial
   78  decisions.
   79  
   80  This definition does not include any legal entity or agency
   81  created in whole or in part pursuant to part II of chapter 361;,
   82  part II, any metropolitan planning organization created pursuant
   83  to s. 339.175;, any separate legal or administrative entity
   84  created pursuant to s. 339.175 of which a metropolitan planning
   85  organization is a member;, an expressway authority pursuant to
   86  chapter 348 or transportation authority under chapter 349; or,
   87  any legal or administrative entity created by an interlocal
   88  agreement pursuant to s. 163.01(7), unless any party to such
   89  agreement is otherwise an agency as defined in this subsection,
   90  or any multicounty special district with a majority of its
   91  governing board comprised of elected persons; however, this
   92  definition shall include a regional water supply authority.
   93         Section 2. Subsections (1) and (2) of section 120.525,
   94  Florida Statutes, are amended to read:
   95         120.525 Meetings, hearings, and workshops.—
   96         (1) Except in the case of emergency meetings, each agency
   97  shall give notice of public meetings, hearings, and workshops by
   98  publication in the Florida Administrative Weekly and on the
   99  agency's website not less than 7 days before the event. The
  100  notice shall include a statement of the general subject matter
  101  to be considered.
  102         (2) An agenda shall be prepared by the agency in time to
  103  ensure that a copy of the agenda may be received at least 7 days
  104  before the event by any person in the state who requests a copy
  105  and who pays the reasonable cost of the copy. The agenda, along
  106  with any available meeting materials, shall be published on the
  107  agency’s website. The agenda shall contain the items to be
  108  considered in order of presentation. After the agenda has been
  109  made available, a change shall be made only for good cause, as
  110  determined by the person designated to preside, and stated in
  111  the record. Notification of such change shall be at the earliest
  112  practicable time.
  113         Section 3. Subsection (3), paragraph (b) of subsection (5),
  114  and paragraph (b) of subsection (6) of section 120.54, Florida
  115  Statutes, are amended to read:
  116         120.54 Rulemaking.—
  117         (3) ADOPTION PROCEDURES.—
  118         (a) Notices.—
  119         1. Prior to the adoption, amendment, or repeal of any rule
  120  other than an emergency rule, an agency, upon approval of the
  121  agency head, shall give notice of its intended action, setting
  122  forth a short, plain explanation of the purpose and effect of
  123  the proposed action; the full text of the proposed rule or
  124  amendment and a summary thereof; a reference to the grant of
  125  rulemaking authority pursuant to which the rule is adopted; and
  126  a reference to the section or subsection of the Florida Statutes
  127  or the Laws of Florida being implemented or interpreted. The
  128  notice must include a summary of the agency’s statement of the
  129  estimated regulatory costs, if one has been prepared, based on
  130  the factors set forth in s. 120.541(2), and a statement that any
  131  person who wishes to provide the agency with information
  132  regarding the statement of estimated regulatory costs, or to
  133  provide a proposal for a lower cost regulatory alternative as
  134  provided by s. 120.541(1), must do so in writing within 21 days
  135  after publication of the notice. The notice must state the
  136  procedure for requesting a public hearing on the proposed rule.
  137  Except when the intended action is the repeal of a rule, the
  138  notice must include a reference both to the date on which and to
  139  the place where the notice of rule development that is required
  140  by subsection (2) appeared.
  141         2. The notice shall be published in the Florida
  142  Administrative Weekly not less than 28 days prior to the
  143  intended action. The proposed rule shall be available for
  144  inspection and copying by the public at the time of the
  145  publication of notice.
  146         3. The notice shall be mailed to all persons named in the
  147  proposed rule and to all persons who, at least 14 days prior to
  148  such mailing, have made requests of the agency for advance
  149  notice of its proceedings. The agency shall also give such
  150  notice as is prescribed by rule to those particular classes of
  151  persons to whom the intended action is directed.
  152         4. The adopting agency shall file with the committee, at
  153  least 21 days prior to the proposed adoption date, a copy of
  154  each rule it proposes to adopt; a copy of any material
  155  incorporated by reference in the rule; a detailed written
  156  statement of the facts and circumstances justifying the proposed
  157  rule; a copy of any statement of estimated regulatory costs that
  158  has been prepared pursuant to s. 120.541; a statement of the
  159  extent to which the proposed rule relates to federal standards
  160  or rules on the same subject; and the notice required by
  161  subparagraph 1.
  162         (b) Special matters to be considered in rule adoption.—
  163         1. Statement of estimated regulatory costs.—Prior to the
  164  adoption, amendment, or repeal of any rule other than an
  165  emergency rule, an agency is encouraged to prepare a statement
  166  of estimated regulatory costs of the proposed rule, as provided
  167  by s. 120.541. However, an agency shall prepare a statement of
  168  estimated regulatory costs of the proposed rule, as provided by
  169  s. 120.541, if the proposed rule will have an impact on small
  170  business.
  171         2. Small businesses, small counties, and small cities.—
  172         a. Each agency, before the adoption, amendment, or repeal
  173  of a rule, shall consider the impact of the rule on small
  174  businesses as defined by s. 288.703 and the impact of the rule
  175  on small counties or small cities as defined by s. 120.52.
  176  Whenever practicable, an agency shall tier its rules to reduce
  177  disproportionate impacts on small businesses, small counties, or
  178  small cities to avoid regulating small businesses, small
  179  counties, or small cities that do not contribute significantly
  180  to the problem the rule is designed to address. An agency may
  181  define “small business” to include businesses employing more
  182  than 200 100 persons, may define “small county” to include those
  183  with populations of more than 75,000, and may define “small
  184  city” to include those with populations of more than 10,000, if
  185  it finds that such a definition is necessary to adapt a rule to
  186  the needs and problems of small businesses, small counties, or
  187  small cities. The agency shall consider each of the following
  188  methods for reducing the impact of the proposed rule on small
  189  businesses, small counties, and small cities, or any combination
  190  of these entities:
  191         (I) Establishing less stringent compliance or reporting
  192  requirements in the rule.
  193         (II) Establishing less stringent schedules or deadlines in
  194  the rule for compliance or reporting requirements.
  195         (III) Consolidating or simplifying the rule’s compliance or
  196  reporting requirements.
  197         (IV) Establishing performance standards or best-management
  198  practices to replace design or operational standards in the
  199  rule.
  200         (V) Exempting small businesses, small counties, or small
  201  cities from any or all requirements of the rule.
  202         b.(I) If the agency determines that the proposed action
  203  will affect small businesses as defined by the agency as
  204  provided in sub-subparagraph a., the agency shall send written
  205  notice of the rule to the Small Business Regulatory Advisory
  206  Council and the Office of Tourism, Trade, and Economic
  207  Development not less than 28 days prior to the intended action.
  208         (II) Each agency shall adopt those regulatory alternatives
  209  offered by the Small Business Regulatory Advisory Council and
  210  provided to the agency no later than 21 days after the council’s
  211  receipt of the written notice of the rule which it finds are
  212  feasible and consistent with the stated objectives of the
  213  proposed rule and which would reduce the impact on small
  214  businesses. When regulatory alternatives are offered by the
  215  Small Business Regulatory Advisory Council, the 90-day period
  216  for filing the rule in subparagraph (e)2. is extended for a
  217  period of 21 days.
  218         (III) If an agency does not adopt all alternatives offered
  219  pursuant to this sub-subparagraph, it shall, prior to rule
  220  adoption or amendment and pursuant to subparagraph (d)1., file a
  221  detailed written statement with the committee explaining the
  222  reasons for failure to adopt such alternatives. Within 3 working
  223  days of the filing of such notice, the agency shall send a copy
  224  of such notice to the Small Business Regulatory Advisory
  225  Council. The Small Business Regulatory Advisory Council may make
  226  a request of the President of the Senate and the Speaker of the
  227  House of Representatives that the presiding officers direct the
  228  Office of Program Policy Analysis and Government Accountability
  229  to determine whether the rejected alternatives reduce the impact
  230  on small business while meeting the stated objectives of the
  231  proposed rule. Within 60 days after the date of the directive
  232  from the presiding officers, the Office of Program Policy
  233  Analysis and Government Accountability shall report to the
  234  Administrative Procedures Committee its findings as to whether
  235  an alternative reduces the impact on small business while
  236  meeting the stated objectives of the proposed rule. The Office
  237  of Program Policy Analysis and Government Accountability shall
  238  consider the proposed rule, the economic impact statement, the
  239  written statement of the agency, the proposed alternatives, and
  240  any comment submitted during the comment period on the proposed
  241  rule. The Office of Program Policy Analysis and Government
  242  Accountability shall submit a report of its findings and
  243  recommendations to the Governor, the President of the Senate,
  244  and the Speaker of the House of Representatives. The
  245  Administrative Procedures Committee shall report such findings
  246  to the agency, and the agency shall respond in writing to the
  247  Administrative Procedures Committee if the Office of Program
  248  Policy Analysis and Government Accountability found that the
  249  alternative reduced the impact on small business while meeting
  250  the stated objectives of the proposed rule. If the agency will
  251  not adopt the alternative, it must also provide a detailed
  252  written statement to the committee as to why it will not adopt
  253  the alternative.
  254         (c) Hearings.—
  255         1. If the intended action concerns any rule other than one
  256  relating exclusively to procedure or practice, the agency shall,
  257  on the request of any affected person received within 21 days
  258  after the date of publication of the notice of intended agency
  259  action, give affected persons an opportunity to present evidence
  260  and argument on all issues under consideration. The agency may
  261  schedule a public hearing on the rule and, if requested by any
  262  affected person, shall schedule a public hearing on the rule.
  263  When a public hearing is held, the agency must ensure that the
  264  persons responsible for preparing the proposed rule are
  265  available to explain the agency's proposal and to respond to
  266  questions or comments regarding the rule. If the agency head is
  267  a board or other collegial body created under s. 20.165(4) or s.
  268  20.43(3)(g), and one or more requested public hearings is
  269  scheduled, the board or other collegial body shall conduct at
  270  least one of the public hearings itself and may not delegate
  271  this responsibility without the consent of those persons
  272  requesting the public hearing. Any material pertinent to the
  273  issues under consideration submitted to the agency within 21
  274  days after the date of publication of the notice or submitted to
  275  the agency on or before the date of the final at a public
  276  hearing shall be considered by the agency and made a part of the
  277  record of the rulemaking proceeding.
  278         2. Rulemaking proceedings shall be governed solely by the
  279  provisions of this section unless a person timely asserts that
  280  the person’s substantial interests will be affected in the
  281  proceeding and affirmatively demonstrates to the agency that the
  282  proceeding does not provide adequate opportunity to protect
  283  those interests. If the agency determines that the rulemaking
  284  proceeding is not adequate to protect the person’s interests, it
  285  shall suspend the rulemaking proceeding and convene a separate
  286  proceeding under the provisions of ss. 120.569 and 120.57.
  287  Similarly situated persons may be requested to join and
  288  participate in the separate proceeding. Upon conclusion of the
  289  separate proceeding, the rulemaking proceeding shall be resumed.
  290         (d) Modification or withdrawal of proposed rules.—
  291         1. After the final public hearing on the proposed rule, or
  292  after the time for requesting a hearing has expired, if the rule
  293  has not been changed from the rule as previously filed with the
  294  committee, or contains only technical changes, the adopting
  295  agency shall file a notice to that effect with the committee at
  296  least 7 days prior to filing the rule for adoption. Any change,
  297  other than a technical change that does not affect the substance
  298  of the rule, must be supported by the record of public hearings
  299  held on the rule, must be in response to written material
  300  submitted to the agency within 21 days after the date of
  301  publication of the notice of intended agency action or submitted
  302  to the agency received on or before the date of the final public
  303  hearing, or must be in response to a proposed objection by the
  304  committee. In addition, when any change is made in a proposed
  305  rule, other than a technical change, the adopting agency shall
  306  provide a copy of a notice of change by certified mail or actual
  307  delivery to any person who requests it in writing no later than
  308  21 days after the notice required in paragraph (a). The agency
  309  shall file the notice of change with the committee, along with
  310  the reasons for the change, and provide the notice of change to
  311  persons requesting it, at least 21 days prior to filing the rule
  312  for adoption. The notice of change shall be published in the
  313  Florida Administrative Weekly at least 21 days prior to filing
  314  the rule for adoption. This subparagraph does not apply to
  315  emergency rules adopted pursuant to subsection (4).
  316         2. After the notice required by paragraph (a) and prior to
  317  adoption, the agency may withdraw the rule in whole or in part.
  318         3. After adoption and before the effective date, a rule may
  319  be modified or withdrawn only in response to an objection by the
  320  committee or may be modified to extend the effective date by not
  321  more than 60 days when the committee has notified the agency
  322  that an objection to the rule is being considered.
  323         4. The agency shall give notice of its decision to withdraw
  324  or modify a rule in the first available issue of the publication
  325  in which the original notice of rulemaking was published, shall
  326  notify those persons described in subparagraph (a)3. in
  327  accordance with the requirements of that subparagraph, and shall
  328  notify the Department of State if the rule is required to be
  329  filed with the Department of State.
  330         5. After a rule has become effective, it may be repealed or
  331  amended only through the rulemaking procedures specified in this
  332  chapter.
  333         (e) Filing for final adoption; effective date.—
  334         1. If the adopting agency is required to publish its rules
  335  in the Florida Administrative Code, the agency, upon approval of
  336  the agency head, shall file with the Department of State three
  337  certified copies of the rule it proposes to adopt; one copy of
  338  any material incorporated by reference in the rule, certified by
  339  the agency; a summary of the rule; a summary of any hearings
  340  held on the rule; and a detailed written statement of the facts
  341  and circumstances justifying the rule. Agencies not required to
  342  publish their rules in the Florida Administrative Code shall
  343  file one certified copy of the proposed rule, and the other
  344  material required by this subparagraph, in the office of the
  345  agency head, and such rules shall be open to the public.
  346         2. A rule may not be filed for adoption less than 28 days
  347  or more than 90 days after the notice required by paragraph (a),
  348  until 21 days after the notice of change required by paragraph
  349  (d), until 14 days after the final public hearing, until 21 days
  350  after a statement of estimated regulatory costs required under
  351  s. 120.541 has been provided to all persons who submitted a
  352  lower cost regulatory alternative and made available to the
  353  public, or until the administrative law judge has rendered a
  354  decision under s. 120.56(2), whichever applies. When a required
  355  notice of change is published prior to the expiration of the
  356  time to file the rule for adoption, the period during which a
  357  rule must be filed for adoption is extended to 45 days after the
  358  date of publication. If notice of a public hearing is published
  359  prior to the expiration of the time to file the rule for
  360  adoption, the period during which a rule must be filed for
  361  adoption is extended to 45 days after adjournment of the final
  362  hearing on the rule, 21 days after receipt of all material
  363  authorized to be submitted at the hearing, or 21 days after
  364  receipt of the transcript, if one is made, whichever is latest.
  365  The term “public hearing” includes any public meeting held by
  366  any agency at which the rule is considered. If a petition for an
  367  administrative determination under s. 120.56(2) is filed, the
  368  period during which a rule must be filed for adoption is
  369  extended to 60 days after the administrative law judge files the
  370  final order with the clerk or until 60 days after subsequent
  371  judicial review is complete.
  372         3. At the time a rule is filed, the agency shall certify
  373  that the time limitations prescribed by this paragraph have been
  374  complied with, that all statutory rulemaking requirements have
  375  been met, and that there is no administrative determination
  376  pending on the rule.
  377         4. At the time a rule is filed, the committee shall certify
  378  whether the agency has responded in writing to all material and
  379  timely written comments or written inquiries made on behalf of
  380  the committee. The department shall reject any rule that is not
  381  filed within the prescribed time limits; that does not comply
  382  with all statutory rulemaking requirements and rules of the
  383  department; upon which an agency has not responded in writing to
  384  all material and timely written inquiries or written comments;
  385  upon which an administrative determination is pending; or which
  386  does not include a statement of estimated regulatory costs, if
  387  required.
  388         5. If a rule has not been adopted within the time limits
  389  imposed by this paragraph or has not been adopted in compliance
  390  with all statutory rulemaking requirements, the agency proposing
  391  the rule shall withdraw the rule and give notice of its action
  392  in the next available issue of the Florida Administrative
  393  Weekly.
  394         6. The proposed rule shall be adopted on being filed with
  395  the Department of State and become effective 20 days after being
  396  filed, on a later date specified in the notice required by
  397  subparagraph (a)1. rule, or on a date required by statute. Rules
  398  not required to be filed with the Department of State shall
  399  become effective when adopted by the agency head or on a later
  400  date specified by rule or statute. If the committee notifies an
  401  agency that an objection to a rule is being considered, the
  402  agency may postpone the adoption of the rule to accommodate
  403  review of the rule by the committee. When an agency postpones
  404  adoption of a rule to accommodate review by the committee, the
  405  90-day period for filing the rule is tolled until the committee
  406  notifies the agency that it has completed its review of the
  407  rule.
  408  
  409  For the purposes of this paragraph, the term “administrative
  410  determination” does not include subsequent judicial review.
  411         (5) UNIFORM RULES.—
  412         (b) The uniform rules of procedure adopted by the
  413  commission pursuant to this subsection shall include, but are
  414  not limited to:
  415         1. Uniform rules for the scheduling of public meetings,
  416  hearings, and workshops.
  417         2. Uniform rules for use by each state agency that provide
  418  procedures for conducting public meetings, hearings, and
  419  workshops, and for taking evidence, testimony, and argument at
  420  such public meetings, hearings, and workshops, in person and by
  421  means of communications media technology. The rules shall
  422  provide that all evidence, testimony, and argument presented
  423  shall be afforded equal consideration, regardless of the method
  424  of communication. If a public meeting, hearing, or workshop is
  425  to be conducted by means of communications media technology, or
  426  if attendance may be provided by such means, the notice shall so
  427  state. The notice for public meetings, hearings, and workshops
  428  utilizing communications media technology shall state how
  429  persons interested in attending may do so and shall name
  430  locations, if any, where communications media technology
  431  facilities will be available. Nothing in this paragraph shall be
  432  construed to diminish the right to inspect public records under
  433  chapter 119. Limiting points of access to public meetings,
  434  hearings, and workshops subject to the provisions of s. 286.011
  435  to places not normally open to the public shall be presumed to
  436  violate the right of access of the public, and any official
  437  action taken under such circumstances is void and of no effect.
  438  Other laws relating to public meetings, hearings, and workshops,
  439  including penal and remedial provisions, shall apply to public
  440  meetings, hearings, and workshops conducted by means of
  441  communications media technology, and shall be liberally
  442  construed in their application to such public meetings,
  443  hearings, and workshops. As used in this subparagraph,
  444  “communications media technology” means the electronic
  445  transmission of printed matter, audio, full-motion video,
  446  freeze-frame video, compressed video, and digital video by any
  447  method available.
  448         3. Uniform rules of procedure for the filing of notice of
  449  protests and formal written protests. The Administration
  450  Commission may prescribe the form and substantive provisions of
  451  a required bond.
  452         4. Uniform rules of procedure for the filing of petitions
  453  for administrative hearings pursuant to s. 120.569 or s. 120.57.
  454  Such rules shall require the petition to include:
  455         a. The identification of the petitioner.
  456         b. A statement of when and how the petitioner received
  457  notice of the agency’s action or proposed action.
  458         c. An explanation of how the petitioner’s substantial
  459  interests are or will be affected by the action or proposed
  460  action.
  461         d. A statement of all material facts disputed by the
  462  petitioner or a statement that there are no disputed facts.
  463         e. A statement of the ultimate facts alleged, including a
  464  statement of the specific facts the petitioner contends warrant
  465  reversal or modification of the agency’s proposed action.
  466         f. A statement of the specific rules or statutes that the
  467  petitioner contends require reversal or modification of the
  468  agency’s proposed action, including an explanation of how the
  469  alleged facts relate to the specific rules or statutes.
  470         g. A statement of the relief sought by the petitioner,
  471  stating precisely the action petitioner wishes the agency to
  472  take with respect to the proposed action.
  473         5. Uniform rules for the filing of request for
  474  administrative hearing by a respondent in agency enforcement and
  475  disciplinary actions. Such rules shall require a request to
  476  include:
  477         a. The name, address, and telephone number of the party
  478  making the request and the name, address, and telephone number
  479  of the party’s counsel or qualified representative upon whom
  480  service of pleadings and other papers shall be made;
  481         b. A statement that the respondent is requesting an
  482  administrative hearing and disputes the material facts alleged
  483  by the petitioner, in which case the respondent shall identify
  484  those material facts that are in dispute, or that the respondent
  485  is requesting an administrative hearing and does not dispute the
  486  material facts alleged by the petitioner; and
  487         c. A reference by file number to the administrative
  488  complaint that the party has received from the agency and the
  489  date on which the agency pleading was received.
  490  
  491  The agency may provide an election-of-rights form for the
  492  respondent’s use in requesting a hearing, so long as any form
  493  provided by the agency calls for the information in sub
  494  subparagraphs a. through c. and does not impose any additional
  495  requirements on a respondent in order to request a hearing,
  496  unless such requirements are specifically authorized by law.
  497         6. Uniform rules of procedure for the filing and prompt
  498  disposition of petitions for declaratory statements. The rules
  499  shall also describe the contents of the notices that must be
  500  published in the Florida Administrative Weekly under s. 120.565,
  501  including any applicable time limit for the filing of petitions
  502  to intervene or petitions for administrative hearing by persons
  503  whose substantial interests may be affected.
  504         7. Provision of a method by which each agency head shall
  505  provide a description of the agency’s organization and general
  506  course of its operations. The rules shall require that the
  507  statement concerning the agency’s organization and operations be
  508  published on the agency’s website.
  509         8. Uniform rules establishing procedures for granting or
  510  denying petitions for variances and waivers pursuant to s.
  511  120.542.
  512         (6) ADOPTION OF FEDERAL STANDARDS.—Notwithstanding any
  513  contrary provision of this section, in the pursuance of state
  514  implementation, operation, or enforcement of federal programs,
  515  an agency is empowered to adopt rules substantively identical to
  516  regulations adopted pursuant to federal law, in accordance with
  517  the following procedures:
  518         (b) Any rule adopted pursuant to this subsection shall
  519  become effective upon the date designated in the rule by the
  520  agency in the notice of intent to adopt a rule; however, no such
  521  rule shall become effective earlier than the effective date of
  522  the substantively identical federal regulation.
  523         Section 4. Subsections (16) and (17) of section 120.80,
  524  Florida Statutes, are amended to read:
  525         120.80 Exceptions and special requirements; agencies.—
  526         (16)DEPARTMENT OF ENVIRONMENTAL PROTECTION.
  527  Notwithstanding the provisions of s. 120.54(1)(d), the
  528  Department of Environmental Protection, in undertaking
  529  rulemaking to establish best available control technology,
  530  lowest achievable emissions rate, or case-by-case maximum
  531  available control technology for purposes of s. 403.08725, shall
  532  not adopt the lowest regulatory cost alternative if such
  533  adoption would prevent the agency from implementing federal
  534  requirements.
  535         (16)(17) FLORIDA BUILDING COMMISSION.—
  536         (a) Notwithstanding the provisions of s. 120.542, the
  537  Florida Building Commission may not accept a petition for waiver
  538  or variance and may not grant any waiver or variance from the
  539  requirements of the Florida Building Code.
  540         (b) The Florida Building Commission shall adopt within the
  541  Florida Building Code criteria and procedures for alternative
  542  means of compliance with the code or local amendments thereto,
  543  for enforcement by local governments, local enforcement
  544  districts, or other entities authorized by law to enforce the
  545  Florida Building Code. Appeals from the denial of the use of
  546  alternative means shall be heard by the local board, if one
  547  exists, and may be appealed to the Florida Building Commission.
  548         (c) Notwithstanding ss. 120.565, 120.569, and 120.57, the
  549  Florida Building Commission and hearing officer panels appointed
  550  by the commission in accordance with s. 553.775(3)(c)1. may
  551  conduct proceedings to review decisions of local building code
  552  officials in accordance with s. 553.775(3)(c).
  553         Section 5. This act shall take effect July 1, 2009.