CS for CS for SB 170                             First Engrossed
       
       
       
       
       
       
       
       
       2011170e1
       
    1                        A bill to be entitled                      
    2         An act relating to electronic filing and receipt of
    3         court and other legal documents; creating ss. 27.341
    4         and 27.5112, F.S.; requiring each state attorney and
    5         public defender to electronically file court documents
    6         with the clerk of the court and receive court
    7         documents from the clerk of the court; defining the
    8         term “court documents”; providing legislative
    9         expectations that the state attorneys and public
   10         defenders consult with specified entities; requiring
   11         the Florida Prosecuting Attorneys Association and the
   12         Florida Public Defender Association report to the
   13         President of the Senate and the Speaker of the House
   14         of Representatives by a specified date on the progress
   15         made to use the Florida Courts E-Portal system or the
   16         clerks’ offices portals to electronically file and
   17         receive court documents; amending ss. 440.192 and
   18         440.25, F.S.; providing for electronic procedures for
   19         filing documents and resolving benefit disputes in
   20         workers’ compensation proceedings; requiring a
   21         response to a petition for workers’ compensation
   22         benefits to be filed by approved electronic means;
   23         amending ss. 440.29 and 440.45, F.S.; requiring that
   24         the practice and procedure before the judges of
   25         compensation claims be governed by the Office of the
   26         Judges of Compensation Claims instead of the Supreme
   27         Court; authorizing the Office of the Judges of
   28         Compensation Claims to adopt rules to implement
   29         electronic procedures; amending s. 120.52, F.S.;
   30         requiring use of electronic procedures by those
   31         represented by an attorney; amending s. 120.54, F.S.;
   32         requiring a petitioner requesting an administrative
   33         hearing to include the petitioner’s e-mail address;
   34         amending ss. 57.111, 120.56, 120.569, 120.57, 552.40,
   35         553.73, and 961.03, F.S.; providing for electronic
   36         procedures in administrative proceedings; providing an
   37         effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 27.341, Florida Statutes, is created to
   42  read:
   43         27.341Electronic filing and receipt of court documents.—
   44         (1)(a)Each office of the state attorney shall
   45  electronically file court documents with the clerk of the court
   46  and receive court documents from the clerk of the court. It is
   47  the expectation of the Legislature that the electronic filing
   48  and receipt of court documents will reduce costs for the office
   49  of the state attorney, the clerk of the court, and the
   50  judiciary; will increase timeliness in the processing of cases;
   51  and will provide the judiciary and the clerk of the court with
   52  case-related information to allow for improved judicial case
   53  management.
   54         (b) As used in this section, the term “court documents”
   55  includes, but is not limited to, pleadings, motions, briefs, and
   56  their respective attachments, orders, judgments, opinions,
   57  decrees, and transcripts.
   58         (2) It is further the expectation of the Legislature that
   59  each office of the state attorney consult with the office of the
   60  public defender for the same circuit served by the office of the
   61  state attorney, the clerks of court for the circuit, the Florida
   62  Court Technology Commission, and any authority that governs the
   63  operation of a statewide portal for the electronic filing and
   64  receipt of court documents.
   65         (3)The Florida Prosecuting Attorneys Association shall
   66  file a report with the President of the Senate and the Speaker
   67  of the House of Representatives by March 1, 2012, describing the
   68  progress that each office of the state attorney has made to use
   69  the Florida Courts E-Portal or, if the case type is not approved
   70  for the Florida Courts E-Portal, separate clerks’ offices
   71  portals for purposes of electronic filing and documenting
   72  receipt of court documents. For any office of the state attorney
   73  that has not fully implemented an electronic filing and receipt
   74  system by March 1, 2012, the report must also include a
   75  description of the additional activities that are needed to
   76  complete the system for that office and the projected time
   77  necessary to complete the additional activities.
   78         Section 2. Section 27.5112, Florida Statutes, is created to
   79  read:
   80         27.5112Electronic filing and receipt of court documents.—
   81         (1)(a)Each office of the public defender shall
   82  electronically file court documents with the clerk of the court
   83  and receive court documents from the clerk of the court. It is
   84  the expectation of the Legislature that the electronic filing
   85  and receipt of court documents will reduce costs for the office
   86  of the public defender, the clerk of the court, and the
   87  judiciary; will increase timeliness in the processing of cases;
   88  and will provide the judiciary and the clerk of the court with
   89  case-related information to allow for improved judicial case
   90  management.
   91         (b) As used in this section, the term “court documents”
   92  includes, but is not limited to, pleadings, motions, briefs, and
   93  their respective attachments, orders, judgments, opinions,
   94  decrees, and transcripts.
   95         (2) It is further the expectation of the Legislature that,
   96  in developing the capability and implementing the process, each
   97  office of the public defender consult with the office of the
   98  state attorney for the same circuit served by the office of the
   99  public defender, the clerks of court for the circuit, the
  100  Florida Court Technology Commission, and any authority that
  101  governs the operation of a statewide portal for the electronic
  102  filing and receipt of court documents.
  103         (3)The Florida Public Defender Association shall file a
  104  report with the President of the Senate and the Speaker of the
  105  House of Representatives by March 1, 2012, describing the
  106  progress that each office of the public defender has made to use
  107  the Florida Courts E-Portal or, if the case type is not approved
  108  for the Florida Courts E-Portal, separate clerks’ offices
  109  portals for purposes of electronic filing and documenting
  110  receipt of court documents. For any office of the public
  111  defender that has not fully implemented an electronic filing and
  112  receipt system by March 1, 2012, the report must also include a
  113  description of the additional activities that are needed to
  114  complete the system for that office and the projected time
  115  necessary to complete the additional activities.
  116         Section 3. Subsections (1) and (8) of section 440.192,
  117  Florida Statutes, are amended to read:
  118         440.192 Procedure for resolving benefit disputes.—
  119         (1) Any employee may, for any benefit that is ripe, due,
  120  and owing, file by certified mail, or by electronic means
  121  approved by the Deputy Chief Judge, with the Office of the
  122  Judges of Compensation Claims a petition for benefits which
  123  meets the requirements of this section and the definition of
  124  specificity in s. 440.02. An employee represented by an attorney
  125  shall file by electronic means approved by the Deputy Chief
  126  Judge. An employee not represented by an attorney may file by
  127  certified mail or by electronic means approved by the Deputy
  128  Chief Judge. The department shall inform employees of the
  129  location of the Office of the Judges of Compensation Claims and
  130  the office’s website address for purposes of filing a petition
  131  for benefits. The employee shall also serve copies of the
  132  petition for benefits by certified mail, or by electronic means
  133  approved by the Deputy Chief Judge, upon the employer and the
  134  employer’s carrier. The Deputy Chief Judge shall refer the
  135  petitions to the judges of compensation claims.
  136         (8) Within 14 days after receipt of a petition for benefits
  137  by certified mail or by approved electronic means, the carrier
  138  must either pay the requested benefits without prejudice to its
  139  right to deny within 120 days from receipt of the petition or
  140  file a response to petition with the Office of the Judges of
  141  Compensation Claims. The response shall be filed by electronic
  142  means approved by the Deputy Chief Judge. The carrier must list
  143  all benefits requested but not paid and explain its
  144  justification for nonpayment in the response to petition. A
  145  carrier that does not deny compensability in accordance with s.
  146  440.20(4) is deemed to have accepted the employee’s injuries as
  147  compensable, unless it can establish material facts relevant to
  148  the issue of compensability that could not have been discovered
  149  through reasonable investigation within the 120-day period. The
  150  carrier shall provide copies of the response to the filing
  151  party, employer, and claimant by certified mail or by electronic
  152  means approved by the Deputy Chief Judge.
  153         Section 4. Subsection (1) and paragraphs (a), (c), and (e)
  154  of subsection (4) of section 440.25, Florida Statutes, are
  155  amended to read:
  156         440.25 Procedures for mediation and hearings.—
  157         (1) Forty days after a petition for benefits is filed under
  158  s. 440.192, the judge of compensation claims shall notify the
  159  interested parties by order that a mediation conference
  160  concerning such petition has been scheduled unless the parties
  161  have notified the judge of compensation claims that a private
  162  mediation has been held or is scheduled to be held. A mediation,
  163  whether private or public, shall be held within 130 days after
  164  the filing of the petition. Such order must give the date the
  165  mediation conference is to be held. Such order may be served
  166  personally upon the interested parties or may be sent to the
  167  interested parties by mail or by electronic means approved by
  168  the Deputy Chief Judge. If multiple petitions are pending, or if
  169  additional petitions are filed after the scheduling of a
  170  mediation, the judge of compensation claims shall consolidate
  171  all petitions into one mediation. The claimant or the adjuster
  172  of the employer or carrier may, at the mediator’s discretion,
  173  attend the mediation conference by telephone or, if agreed to by
  174  the parties, other electronic means. A continuance may be
  175  granted upon the agreement of the parties or if the requesting
  176  party demonstrates to the judge of compensation claims that the
  177  reason for requesting the continuance arises from circumstances
  178  beyond the party’s control. Any order granting a continuance
  179  must set forth the date of the rescheduled mediation conference.
  180  A mediation conference may not be used solely for the purpose of
  181  mediating attorney’s fees.
  182         (4)(a) If the parties fail to agree to written submission
  183  of pretrial stipulations, the judge of compensation claims shall
  184  conduct a live pretrial hearing. The judge of compensation
  185  claims shall give the interested parties at least 14 days’
  186  advance notice of the pretrial hearing by mail or by electronic
  187  means approved by the Deputy Chief Judge.
  188         (c) The judge of compensation claims shall give the
  189  interested parties at least 14 days’ advance notice of the final
  190  hearing, served upon the interested parties by mail or by
  191  electronic means approved by the Deputy Chief Judge.
  192         (e) The order making an award or rejecting the claim,
  193  referred to in this chapter as a “compensation order,” shall set
  194  forth the findings of ultimate facts and the mandate; and the
  195  order need not include any other reason or justification for
  196  such mandate. The compensation order shall be filed in the
  197  Office of the Judges of Compensation Claims at Tallahassee. A
  198  copy of such compensation order shall be sent by mail or by
  199  electronic means approved by the Deputy Chief Judge to the
  200  parties and attorneys of record and any parties not represented
  201  by an attorney at the last known address of each, with the date
  202  of mailing noted thereon.
  203         Section 5. Subsection (3) of section 440.29, Florida
  204  Statutes, is amended to read:
  205         440.29 Procedure before the judge of compensation claims.—
  206         (3) The practice and procedure before the judges of
  207  compensation claims shall be governed by rules adopted by the
  208  Office of the Judges of Compensation Claims Supreme Court,
  209  except to the extent that such rules conflict with the
  210  provisions of this chapter.
  211         Section 6. Subsection (4) of section 440.45, Florida
  212  Statutes, is amended to read:
  213         440.45 Office of the Judges of Compensation Claims.—
  214         (4) The Office of the Judges of Compensation Claims shall
  215  adopt rules to carry out effect the purposes of this section.
  216  Such rules must shall include procedural rules applicable to
  217  workers’ compensation claim resolution, including rules
  218  requiring electronic filing and service where deemed appropriate
  219  by the Deputy Chief Judge, and uniform criteria for measuring
  220  the performance of the office, including, but not limited to,
  221  the number of cases assigned and resolved disposed, the age of
  222  pending and resolved disposed cases, timeliness of decisions
  223  decisionmaking, extraordinary fee awards, and other data
  224  necessary for the judicial nominating commission to review the
  225  performance of judges as required in paragraph (2)(c). The
  226  workers’ compensation rules of procedure approved by the Supreme
  227  Court apply until the rules adopted by the Office of the Judges
  228  of Compensation Claims pursuant to this section become
  229  effective.
  230         Section 7. Subsection (5) of section 120.52, Florida
  231  Statutes, is amended to read:
  232         120.52 Definitions.—As used in this act:
  233         (5) “Division” means the Division of Administrative
  234  Hearings. Any document filed with the division by a party
  235  represented by an attorney shall be filed by electronic means
  236  through the division’s website. Any document filed with the
  237  division by a party not represented by an attorney shall,
  238  whenever possible, be filed by electronic means through the
  239  division’s website.
  240         Section 8. Paragraph (b) of subsection (5) of section
  241  120.54, Florida Statutes, is amended to read:
  242         120.54 Rulemaking.—
  243         (5) UNIFORM RULES.—
  244         (b) The uniform rules of procedure adopted by the
  245  commission pursuant to this subsection shall include, but are
  246  not limited to:
  247         1. Uniform rules for the scheduling of public meetings,
  248  hearings, and workshops.
  249         2. Uniform rules for use by each state agency that provide
  250  procedures for conducting public meetings, hearings, and
  251  workshops, and for taking evidence, testimony, and argument at
  252  such public meetings, hearings, and workshops, in person and by
  253  means of communications media technology. The rules shall
  254  provide that all evidence, testimony, and argument presented
  255  shall be afforded equal consideration, regardless of the method
  256  of communication. If a public meeting, hearing, or workshop is
  257  to be conducted by means of communications media technology, or
  258  if attendance may be provided by such means, the notice shall so
  259  state. The notice for public meetings, hearings, and workshops
  260  utilizing communications media technology shall state how
  261  persons interested in attending may do so and shall name
  262  locations, if any, where communications media technology
  263  facilities will be available. Nothing in this paragraph shall be
  264  construed to diminish the right to inspect public records under
  265  chapter 119. Limiting points of access to public meetings,
  266  hearings, and workshops subject to the provisions of s. 286.011
  267  to places not normally open to the public shall be presumed to
  268  violate the right of access of the public, and any official
  269  action taken under such circumstances is void and of no effect.
  270  Other laws relating to public meetings, hearings, and workshops,
  271  including penal and remedial provisions, shall apply to public
  272  meetings, hearings, and workshops conducted by means of
  273  communications media technology, and shall be liberally
  274  construed in their application to such public meetings,
  275  hearings, and workshops. As used in this subparagraph,
  276  “communications media technology” means the electronic
  277  transmission of printed matter, audio, full-motion video,
  278  freeze-frame video, compressed video, and digital video by any
  279  method available.
  280         3. Uniform rules of procedure for the filing of notice of
  281  protests and formal written protests. The Administration
  282  Commission may prescribe the form and substantive provisions of
  283  a required bond.
  284         4. Uniform rules of procedure for the filing of petitions
  285  for administrative hearings pursuant to s. 120.569 or s. 120.57.
  286  Such rules shall require the petition to include:
  287         a. The identification of the petitioner, including the
  288  petitioner’s e-mail address, if any, for the transmittal of
  289  subsequent documents by electronic means.
  290         b. A statement of when and how the petitioner received
  291  notice of the agency’s action or proposed action.
  292         c. An explanation of how the petitioner’s substantial
  293  interests are or will be affected by the action or proposed
  294  action.
  295         d. A statement of all material facts disputed by the
  296  petitioner or a statement that there are no disputed facts.
  297         e. A statement of the ultimate facts alleged, including a
  298  statement of the specific facts the petitioner contends warrant
  299  reversal or modification of the agency’s proposed action.
  300         f. A statement of the specific rules or statutes that the
  301  petitioner contends require reversal or modification of the
  302  agency’s proposed action, including an explanation of how the
  303  alleged facts relate to the specific rules or statutes.
  304         g. A statement of the relief sought by the petitioner,
  305  stating precisely the action petitioner wishes the agency to
  306  take with respect to the proposed action.
  307         5. Uniform rules for the filing of request for
  308  administrative hearing by a respondent in agency enforcement and
  309  disciplinary actions. Such rules shall require a request to
  310  include:
  311         a. The name, address, e-mail address, and telephone number
  312  of the party making the request and the name, address, and
  313  telephone number of the party’s counsel or qualified
  314  representative upon whom service of pleadings and other papers
  315  shall be made;
  316         b. A statement that the respondent is requesting an
  317  administrative hearing and disputes the material facts alleged
  318  by the petitioner, in which case the respondent shall identify
  319  those material facts that are in dispute, or that the respondent
  320  is requesting an administrative hearing and does not dispute the
  321  material facts alleged by the petitioner; and
  322         c. A reference by file number to the administrative
  323  complaint that the party has received from the agency and the
  324  date on which the agency pleading was received.
  325  
  326  The agency may provide an election-of-rights form for the
  327  respondent’s use in requesting a hearing, so long as any form
  328  provided by the agency calls for the information in sub
  329  subparagraphs a. through c. and does not impose any additional
  330  requirements on a respondent in order to request a hearing,
  331  unless such requirements are specifically authorized by law.
  332         6. Uniform rules of procedure for the filing and prompt
  333  disposition of petitions for declaratory statements. The rules
  334  shall also describe the contents of the notices that must be
  335  published in the Florida Administrative Weekly under s. 120.565,
  336  including any applicable time limit for the filing of petitions
  337  to intervene or petitions for administrative hearing by persons
  338  whose substantial interests may be affected.
  339         7. Provision of a method by which each agency head shall
  340  provide a description of the agency’s organization and general
  341  course of its operations. The rules shall require that the
  342  statement concerning the agency’s organization and operations be
  343  published on the agency’s website.
  344         8. Uniform rules establishing procedures for granting or
  345  denying petitions for variances and waivers pursuant to s.
  346  120.542.
  347         Section 9. Paragraph (b) of subsection (4) of section
  348  57.111, Florida Statutes, is amended to read:
  349         57.111 Civil actions and administrative proceedings
  350  initiated by state agencies; attorneys’ fees and costs.—
  351         (4)
  352         (b)1. To apply for an award under this section, the
  353  attorney for the prevailing small business party must submit an
  354  itemized affidavit to the court which first conducted the
  355  adversarial proceeding in the underlying action, or by
  356  electronic means through the division’s website to the Division
  357  of Administrative Hearings which shall assign an administrative
  358  law judge, in the case of a proceeding pursuant to chapter 120,
  359  which affidavit shall reveal the nature and extent of the
  360  services rendered by the attorney as well as the costs incurred
  361  in preparations, motions, hearings, and appeals in the
  362  proceeding.
  363         2. The application for an award of attorney’s fees must be
  364  made within 60 days after the date that the small business party
  365  becomes a prevailing small business party.
  366         Section 10. Paragraphs (c) and (d) of subsection (1) of
  367  section 120.56, Florida Statutes, are amended to read:
  368         120.56 Challenges to rules.—
  369         (1) GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A
  370  RULE OR A PROPOSED RULE.—
  371         (c) The petition shall be filed by electronic means with
  372  the division which shall, immediately upon filing, forward by
  373  electronic means copies to the agency whose rule is challenged,
  374  the Department of State, and the committee. Within 10 days after
  375  receiving the petition, the division director shall, if the
  376  petition complies with the requirements of paragraph (b), assign
  377  an administrative law judge who shall conduct a hearing within
  378  30 days thereafter, unless the petition is withdrawn or a
  379  continuance is granted by agreement of the parties or for good
  380  cause shown. Evidence of good cause includes, but is not limited
  381  to, written notice of an agency’s decision to modify or withdraw
  382  the proposed rule or a written notice from the chair of the
  383  committee stating that the committee will consider an objection
  384  to the rule at its next scheduled meeting. The failure of an
  385  agency to follow the applicable rulemaking procedures or
  386  requirements set forth in this chapter shall be presumed to be
  387  material; however, the agency may rebut this presumption by
  388  showing that the substantial interests of the petitioner and the
  389  fairness of the proceedings have not been impaired.
  390         (d) Within 30 days after the hearing, the administrative
  391  law judge shall render a decision and state the reasons therefor
  392  in writing. The division shall forthwith transmit by electronic
  393  means copies of the administrative law judge’s decision to the
  394  agency, the Department of State, and the committee.
  395         Section 11. Paragraph (a) of subsection (2) of section
  396  120.569, Florida Statutes, is amended to read:
  397         120.569 Decisions which affect substantial interests.—
  398         (2)(a) Except for any proceeding conducted as prescribed in
  399  s. 120.56, a petition or request for a hearing under this
  400  section shall be filed with the agency. If the agency requests
  401  an administrative law judge from the division, it shall so
  402  notify the division by electronic means through the division’s
  403  website within 15 days after receipt of the petition or request.
  404  A request for a hearing shall be granted or denied within 15
  405  days after receipt. On the request of any agency, the division
  406  shall assign an administrative law judge with due regard to the
  407  expertise required for the particular matter. The referring
  408  agency shall take no further action with respect to a proceeding
  409  under s. 120.57(1), except as a party litigant, as long as the
  410  division has jurisdiction over the proceeding under s.
  411  120.57(1). Any party may request the disqualification of the
  412  administrative law judge by filing an affidavit with the
  413  division prior to the taking of evidence at a hearing, stating
  414  the grounds with particularity.
  415         Section 12. Paragraph (d) of subsection (3) of section
  416  120.57, Florida Statutes, is amended to read:
  417         120.57 Additional procedures for particular cases.—
  418         (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
  419  CONTRACT SOLICITATION OR AWARD.—Agencies subject to this chapter
  420  shall use the uniform rules of procedure, which provide
  421  procedures for the resolution of protests arising from the
  422  contract solicitation or award process. Such rules shall at
  423  least provide that:
  424         (d)1. The agency shall provide an opportunity to resolve
  425  the protest by mutual agreement between the parties within 7
  426  days, excluding Saturdays, Sundays, and state holidays, after
  427  receipt of a formal written protest.
  428         2. If the subject of a protest is not resolved by mutual
  429  agreement within 7 days, excluding Saturdays, Sundays, and state
  430  holidays, after receipt of the formal written protest, and if
  431  there is no disputed issue of material fact, an informal
  432  proceeding shall be conducted pursuant to subsection (2) and
  433  applicable agency rules before a person whose qualifications
  434  have been prescribed by rules of the agency.
  435         3. If the subject of a protest is not resolved by mutual
  436  agreement within 7 days, excluding Saturdays, Sundays, and state
  437  holidays, after receipt of the formal written protest, and if
  438  there is a disputed issue of material fact, the agency shall
  439  refer the protest to the division by electronic means through
  440  the division’s website for proceedings under subsection (1).
  441         Section 13. Subsection (1) of section 552.40, Florida
  442  Statutes, is amended to read:
  443         552.40 Administrative remedy for alleged damage due to the
  444  use of explosives in connection with construction materials
  445  mining activities.—
  446         (1) A person may initiate an administrative proceeding to
  447  recover damages resulting from the use of explosives in
  448  connection with construction materials mining activities by
  449  filing a petition with the Division of Administrative Hearings
  450  by electronic means through the division’s website on a form
  451  provided by it and accompanied by a filing fee of $100 within
  452  180 days after the occurrence of the alleged damage. If the
  453  petitioner submits an affidavit stating that the petitioner’s
  454  annual income is less than 150 percent of the applicable federal
  455  poverty guideline published in the Federal Register by the
  456  United States Department of Health and Human Services, the $100
  457  filing fee must be waived.
  458         Section 14. Paragraph (b) of subsection (4) of section
  459  553.73, Florida Statutes, is amended to read:
  460         553.73 Florida Building Code.—
  461         (4)
  462         (b) Local governments may, subject to the limitations of
  463  this section, adopt amendments to the technical provisions of
  464  the Florida Building Code which apply solely within the
  465  jurisdiction of such government and which provide for more
  466  stringent requirements than those specified in the Florida
  467  Building Code, not more than once every 6 months. A local
  468  government may adopt technical amendments that address local
  469  needs if:
  470         1. The local governing body determines, following a public
  471  hearing which has been advertised in a newspaper of general
  472  circulation at least 10 days before the hearing, that there is a
  473  need to strengthen the requirements of the Florida Building
  474  Code. The determination must be based upon a review of local
  475  conditions by the local governing body, which review
  476  demonstrates by evidence or data that the geographical
  477  jurisdiction governed by the local governing body exhibits a
  478  local need to strengthen the Florida Building Code beyond the
  479  needs or regional variation addressed by the Florida Building
  480  Code, that the local need is addressed by the proposed local
  481  amendment, and that the amendment is no more stringent than
  482  necessary to address the local need.
  483         2. Such additional requirements are not discriminatory
  484  against materials, products, or construction techniques of
  485  demonstrated capabilities.
  486         3. Such additional requirements may not introduce a new
  487  subject not addressed in the Florida Building Code.
  488         4. The enforcing agency shall make readily available, in a
  489  usable format, all amendments adopted pursuant to this section.
  490         5. Any amendment to the Florida Building Code shall be
  491  transmitted within 30 days by the adopting local government to
  492  the commission. The commission shall maintain copies of all such
  493  amendments in a format that is usable and obtainable by the
  494  public. Local technical amendments shall not become effective
  495  until 30 days after the amendment has been received and
  496  published by the commission.
  497         6. Any amendment to the Florida Building Code adopted by a
  498  local government pursuant to this paragraph shall be effective
  499  only until the adoption by the commission of the new edition of
  500  the Florida Building Code every third year. At such time, the
  501  commission shall review such amendment for consistency with the
  502  criteria in paragraph (9)(a) and adopt such amendment as part of
  503  the Florida Building Code or rescind the amendment. The
  504  commission shall immediately notify the respective local
  505  government of the rescission of any amendment. After receiving
  506  such notice, the respective local government may readopt the
  507  rescinded amendment pursuant to the provisions of this
  508  paragraph.
  509         7. Each county and municipality desiring to make local
  510  technical amendments to the Florida Building Code shall by
  511  interlocal agreement establish a countywide compliance review
  512  board to review any amendment to the Florida Building Code,
  513  adopted by a local government within the county pursuant to this
  514  paragraph, that is challenged by any substantially affected
  515  party for purposes of determining the amendment’s compliance
  516  with this paragraph. If challenged, the local technical
  517  amendments shall not become effective until time for filing an
  518  appeal pursuant to subparagraph 8. has expired or, if there is
  519  an appeal, until the commission issues its final order
  520  determining the adopted amendment is in compliance with this
  521  subsection.
  522         8. If the compliance review board determines such amendment
  523  is not in compliance with this paragraph, the compliance review
  524  board shall notify such local government of the noncompliance
  525  and that the amendment is invalid and unenforceable until the
  526  local government corrects the amendment to bring it into
  527  compliance. The local government may appeal the decision of the
  528  compliance review board to the commission. If the compliance
  529  review board determines such amendment to be in compliance with
  530  this paragraph, any substantially affected party may appeal such
  531  determination to the commission. Any such appeal shall be filed
  532  with the commission within 14 days of the board’s written
  533  determination. The commission shall promptly refer the appeal to
  534  the Division of Administrative Hearings by electronic means
  535  through the division’s website for the assignment of an
  536  administrative law judge. The administrative law judge shall
  537  conduct the required hearing within 30 days, and shall enter a
  538  recommended order within 30 days of the conclusion of such
  539  hearing. The commission shall enter a final order within 30 days
  540  thereafter. The provisions of chapter 120 and the uniform rules
  541  of procedure shall apply to such proceedings. The local
  542  government adopting the amendment that is subject to challenge
  543  has the burden of proving that the amendment complies with this
  544  paragraph in proceedings before the compliance review board and
  545  the commission, as applicable. Actions of the commission are
  546  subject to judicial review pursuant to s. 120.68. The compliance
  547  review board shall determine whether its decisions apply to a
  548  respective local jurisdiction or apply countywide.
  549         9. An amendment adopted under this paragraph shall include
  550  a fiscal impact statement which documents the costs and benefits
  551  of the proposed amendment. Criteria for the fiscal impact
  552  statement shall include the impact to local government relative
  553  to enforcement, the impact to property and building owners, as
  554  well as to industry, relative to the cost of compliance. The
  555  fiscal impact statement may not be used as a basis for
  556  challenging the amendment for compliance.
  557         10. In addition to subparagraphs 7. and 9., the commission
  558  may review any amendments adopted pursuant to this subsection
  559  and make nonbinding recommendations related to compliance of
  560  such amendments with this subsection.
  561         Section 15. Paragraph (b) of subsection (4) of section
  562  961.03, Florida Statutes, is amended to read:
  563         961.03 Determination of status as a wrongfully incarcerated
  564  person; determination of eligibility for compensation.—
  565         (4)
  566         (b) If the prosecuting authority responds as set forth in
  567  paragraph (2)(b), and the court determines that the petitioner
  568  is eligible under the provisions of s. 961.04, but the
  569  prosecuting authority contests the nature, significance or
  570  effect of the evidence of actual innocence, or the facts related
  571  to the petitioner’s alleged wrongful incarceration, the court
  572  shall set forth its findings and transfer the petition by
  573  electronic means through the division’s website to the division
  574  for findings of fact and a recommended determination of whether
  575  the petitioner has established that he or she is a wrongfully
  576  incarcerated person who is eligible for compensation under this
  577  act.
  578         Section 16. This act shall take effect July 1, 2011.
  579