Florida Senate - 2013                                     SB 688
       
       
       
       By Senator Thrasher
       
       
       
       
       6-01519-13                                             2013688__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         106.25, 110.201, 120.525, 120.54, 120.542, 120.545,
    4         120.555, 120.56, 120.565, 120.63, 120.745, 120.80,
    5         120.81, 155.40, 159.703, 161.053, 202.22, 215.555,
    6         252.62, 252.63, 255.0525, 280.11, 310.151, 320.642,
    7         334.30, 339.135, 339.155, 343.875, 343.962, 348.0004,
    8         349.22, 366.04, 373.036, 373.044, 373.103, 373.4131,
    9         378.212, 379.2431, 380.05, 395.003, 403.201, 403.805,
   10         403.8055, 403.9411, 403.9422, 408.039, 409.912,
   11         493.6104, 553.775, 561.19, 570.247, 601.152, 627.091,
   12         633.0215, 633.026, 658.26, 766.105, 791.013, 957.12,
   13         and 1006.33, F.S., to conform to the directive of the
   14         Legislature in section 3 of chapter 2012-63, Laws of
   15         Florida, to prepare a reviser’s bill for the 2013
   16         Regular Session of the Legislature to substitute the
   17         term “Florida Administrative Register” for the term
   18         “Florida Administrative Weekly” throughout the Florida
   19         Statutes; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (7) of section 106.25, Florida
   24  Statutes, is amended to read:
   25         106.25 Reports of alleged violations to Florida Elections
   26  Commission; disposition of findings.—
   27         (7) Every sworn complaint filed pursuant to this chapter
   28  with the commission, every investigation and investigative
   29  report or other paper of the commission with respect to a
   30  violation of this chapter or chapter 104, and every proceeding
   31  of the commission with respect to a violation of this chapter or
   32  chapter 104 is confidential, is exempt from the provisions of
   33  ss. 119.07(1) and 286.011, and is exempt from publication in the
   34  Florida Administrative Register Weekly of any notice or agenda
   35  with respect to any proceeding relating to such violation,
   36  except under the following circumstances:
   37         (a) As provided in subsection (6);
   38         (b) Upon a determination of probable cause or no probable
   39  cause by the commission; or
   40         (c) For proceedings conducted with respect to appeals of
   41  fines levied by filing officers for the late filing of reports
   42  required by this chapter.
   43  
   44  However, a complainant is not bound by the confidentiality
   45  provisions of this section. In addition, confidentiality may be
   46  waived in writing by the person against whom the complaint has
   47  been filed or the investigation has been initiated. If a finding
   48  of probable cause in a case is entered within 30 days prior to
   49  the date of the election with respect to which the alleged
   50  violation occurred, such finding and the proceedings and records
   51  relating to such case shall not become public until noon of the
   52  day following such election. When two or more persons are being
   53  investigated by the commission with respect to an alleged
   54  violation of this chapter or chapter 104, the commission may not
   55  publicly enter a finding of probable cause or no probable cause
   56  in the case until a finding of probable cause or no probable
   57  cause for the entire case has been determined. However, once the
   58  confidentiality of any case has been breached, the person or
   59  persons under investigation have the right to waive the
   60  confidentiality of the case, thereby opening up the proceedings
   61  and records to the public. Any person who discloses any
   62  information or matter made confidential by the provisions of
   63  this subsection commits a misdemeanor of the first degree,
   64  punishable as provided in s. 775.082 or s. 775.083.
   65         Section 2. Paragraph (b) of subsection (1) of section
   66  110.201, Florida Statutes, is amended to read:
   67         110.201 Personnel rules, records, and reports.—
   68         (1)
   69         (b) An agency may request an exception to the uniform
   70  personnel rules by filing a petition with the Administration
   71  Commission. The Administration Commission shall approve an
   72  exception when the exception is necessary to conform to any
   73  requirement imposed as a condition precedent to receipt of
   74  federal funds or to permit persons in this state to receive tax
   75  benefits under federal law, or as required for the most
   76  efficient operation of the agency as determined by the
   77  Administration Commission. The reasons for the exception must be
   78  published in the Florida Administrative Register Weekly.
   79         Section 3. Subsection (1) of section 120.525, Florida
   80  Statutes, is amended to read:
   81         120.525 Meetings, hearings, and workshops.—
   82         (1) Except in the case of emergency meetings, each agency
   83  shall give notice of public meetings, hearings, and workshops by
   84  publication in the Florida Administrative Register Weekly and on
   85  the agency’s website not less than 7 days before the event. The
   86  notice shall include a statement of the general subject matter
   87  to be considered.
   88         Section 4. Paragraph (i) of subsection (1), paragraphs (a),
   89  (c), and (d) of subsection (2), paragraphs (a), (d), and (e) of
   90  subsection (3), paragraph (a) of subsection (4), subsection (5),
   91  paragraphs (a) and (d) of subsection (6), and paragraphs (b) and
   92  (c) of subsection (7) of section 120.54, Florida Statutes, are
   93  amended to read:
   94         120.54 Rulemaking.—
   95         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
   96  EMERGENCY RULES.—
   97         (i)1. A rule may incorporate material by reference but only
   98  as the material exists on the date the rule is adopted. For
   99  purposes of the rule, changes in the material are not effective
  100  unless the rule is amended to incorporate the changes.
  101         2. An agency rule that incorporates by specific reference
  102  another rule of that agency automatically incorporates
  103  subsequent amendments to the referenced rule unless a contrary
  104  intent is clearly indicated in the referencing rule. A notice of
  105  amendments to a rule that has been incorporated by specific
  106  reference in other rules of that agency must explain the effect
  107  of those amendments on the referencing rules.
  108         3. In rules adopted after December 31, 2010, material may
  109  not be incorporated by reference unless:
  110         a. The material has been submitted in the prescribed
  111  electronic format to the Department of State and the full text
  112  of the material can be made available for free public access
  113  through an electronic hyperlink from the rule making the
  114  reference in the Florida Administrative Code; or
  115         b. The agency has determined that posting the material on
  116  the Internet for purposes of public examination and inspection
  117  would constitute a violation of federal copyright law, in which
  118  case a statement to that effect, along with the address of
  119  locations at the Department of State and the agency at which the
  120  material is available for public inspection and examination,
  121  must be included in the notice required by subparagraph (3)(a)1.
  122         4. A rule may not be amended by reference only. Amendments
  123  must set out the amended rule in full in the same manner as
  124  required by the State Constitution for laws.
  125         5. Notwithstanding any contrary provision in this section,
  126  when an adopted rule of the Department of Environmental
  127  Protection or a water management district is incorporated by
  128  reference in the other agency’s rule to implement a provision of
  129  part IV of chapter 373, subsequent amendments to the rule are
  130  not effective as to the incorporating rule unless the agency
  131  incorporating by reference notifies the committee and the
  132  Department of State of its intent to adopt the subsequent
  133  amendment, publishes notice of such intent in the Florida
  134  Administrative Register Weekly, and files with the Department of
  135  State a copy of the amended rule incorporated by reference.
  136  Changes in the rule incorporated by reference are effective as
  137  to the other agency 20 days after the date of the published
  138  notice and filing with the Department of State. The Department
  139  of State shall amend the history note of the incorporating rule
  140  to show the effective date of such change. Any substantially
  141  affected person may, within 14 days after the date of
  142  publication of the notice of intent in the Florida
  143  Administrative Register Weekly, file an objection to rulemaking
  144  with the agency. The objection shall specify the portions of the
  145  rule incorporated by reference to which the person objects and
  146  the reasons for the objection. The agency shall not have the
  147  authority under this subparagraph to adopt those portions of the
  148  rule specified in such objection. The agency shall publish
  149  notice of the objection and of its action in response in the
  150  next available issue of the Florida Administrative Register
  151  Weekly.
  152         6. The Department of State may adopt by rule requirements
  153  for incorporating materials pursuant to this paragraph.
  154         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  155         (a) Except when the intended action is the repeal of a
  156  rule, agencies shall provide notice of the development of
  157  proposed rules by publication of a notice of rule development in
  158  the Florida Administrative Register Weekly before providing
  159  notice of a proposed rule as required by paragraph (3)(a). The
  160  notice of rule development shall indicate the subject area to be
  161  addressed by rule development, provide a short, plain
  162  explanation of the purpose and effect of the proposed rule, cite
  163  the specific legal authority for the proposed rule, and include
  164  the preliminary text of the proposed rules, if available, or a
  165  statement of how a person may promptly obtain, without cost, a
  166  copy of any preliminary draft, if available.
  167         (c) An agency may hold public workshops for purposes of
  168  rule development. An agency must hold public workshops,
  169  including workshops in various regions of the state or the
  170  agency’s service area, for purposes of rule development if
  171  requested in writing by any affected person, unless the agency
  172  head explains in writing why a workshop is unnecessary. The
  173  explanation is not final agency action subject to review
  174  pursuant to ss. 120.569 and 120.57. The failure to provide the
  175  explanation when required may be a material error in procedure
  176  pursuant to s. 120.56(1)(c). When a workshop or public hearing
  177  is held, the agency must ensure that the persons responsible for
  178  preparing the proposed rule are available to explain the
  179  agency’s proposal and to respond to questions or comments
  180  regarding the rule being developed. The workshop may be
  181  facilitated or mediated by a neutral third person, or the agency
  182  may employ other types of dispute resolution alternatives for
  183  the workshop that are appropriate for rule development. Notice
  184  of a rule development workshop shall be by publication in the
  185  Florida Administrative Register Weekly not less than 14 days
  186  prior to the date on which the workshop is scheduled to be held
  187  and shall indicate the subject area which will be addressed; the
  188  agency contact person; and the place, date, and time of the
  189  workshop.
  190         (d)1. An agency may use negotiated rulemaking in developing
  191  and adopting rules. The agency should consider the use of
  192  negotiated rulemaking when complex rules are being drafted or
  193  strong opposition to the rules is anticipated. The agency should
  194  consider, but is not limited to considering, whether a balanced
  195  committee of interested persons who will negotiate in good faith
  196  can be assembled, whether the agency is willing to support the
  197  work of the negotiating committee, and whether the agency can
  198  use the group consensus as the basis for its proposed rule.
  199  Negotiated rulemaking uses a committee of designated
  200  representatives to draft a mutually acceptable proposed rule.
  201         2. An agency that chooses to use the negotiated rulemaking
  202  process described in this paragraph shall publish in the Florida
  203  Administrative Register Weekly a notice of negotiated rulemaking
  204  that includes a listing of the representative groups that will
  205  be invited to participate in the negotiated rulemaking process.
  206  Any person who believes that his or her interest is not
  207  adequately represented may apply to participate within 30 days
  208  after publication of the notice. All meetings of the negotiating
  209  committee shall be noticed and open to the public pursuant to
  210  the provisions of this chapter. The negotiating committee shall
  211  be chaired by a neutral facilitator or mediator.
  212         3. The agency’s decision to use negotiated rulemaking, its
  213  selection of the representative groups, and approval or denial
  214  of an application to participate in the negotiated rulemaking
  215  process are not agency action. Nothing in this subparagraph is
  216  intended to affect the rights of an affected person to challenge
  217  a proposed rule developed under this paragraph in accordance
  218  with s. 120.56(2).
  219         (3) ADOPTION PROCEDURES.—
  220         (a) Notices.—
  221         1. Prior to the adoption, amendment, or repeal of any rule
  222  other than an emergency rule, an agency, upon approval of the
  223  agency head, shall give notice of its intended action, setting
  224  forth a short, plain explanation of the purpose and effect of
  225  the proposed action; the full text of the proposed rule or
  226  amendment and a summary thereof; a reference to the grant of
  227  rulemaking authority pursuant to which the rule is adopted; and
  228  a reference to the section or subsection of the Florida Statutes
  229  or the Laws of Florida being implemented or interpreted. The
  230  notice must include a summary of the agency’s statement of the
  231  estimated regulatory costs, if one has been prepared, based on
  232  the factors set forth in s. 120.541(2); a statement that any
  233  person who wishes to provide the agency with information
  234  regarding the statement of estimated regulatory costs, or to
  235  provide a proposal for a lower cost regulatory alternative as
  236  provided by s. 120.541(1), must do so in writing within 21 days
  237  after publication of the notice; and a statement as to whether,
  238  based on the statement of the estimated regulatory costs or
  239  other information expressly relied upon and described by the
  240  agency if no statement of regulatory costs is required, the
  241  proposed rule is expected to require legislative ratification
  242  pursuant to s. 120.541(3). The notice must state the procedure
  243  for requesting a public hearing on the proposed rule. Except
  244  when the intended action is the repeal of a rule, the notice
  245  must include a reference both to the date on which and to the
  246  place where the notice of rule development that is required by
  247  subsection (2) appeared.
  248         2. The notice shall be published in the Florida
  249  Administrative Register Weekly not less than 28 days prior to
  250  the intended action. The proposed rule shall be available for
  251  inspection and copying by the public at the time of the
  252  publication of notice.
  253         3. The notice shall be mailed to all persons named in the
  254  proposed rule and to all persons who, at least 14 days prior to
  255  such mailing, have made requests of the agency for advance
  256  notice of its proceedings. The agency shall also give such
  257  notice as is prescribed by rule to those particular classes of
  258  persons to whom the intended action is directed.
  259         4. The adopting agency shall file with the committee, at
  260  least 21 days prior to the proposed adoption date, a copy of
  261  each rule it proposes to adopt; a copy of any material
  262  incorporated by reference in the rule; a detailed written
  263  statement of the facts and circumstances justifying the proposed
  264  rule; a copy of any statement of estimated regulatory costs that
  265  has been prepared pursuant to s. 120.541; a statement of the
  266  extent to which the proposed rule relates to federal standards
  267  or rules on the same subject; and the notice required by
  268  subparagraph 1.
  269         (d) Modification or withdrawal of proposed rules.—
  270         1. After the final public hearing on the proposed rule, or
  271  after the time for requesting a hearing has expired, if the rule
  272  has not been changed from the rule as previously filed with the
  273  committee, or contains only technical changes, the adopting
  274  agency shall file a notice to that effect with the committee at
  275  least 7 days prior to filing the rule for adoption. Any change,
  276  other than a technical change that does not affect the substance
  277  of the rule, must be supported by the record of public hearings
  278  held on the rule, must be in response to written material
  279  submitted to the agency within 21 days after the date of
  280  publication of the notice of intended agency action or submitted
  281  to the agency between the date of publication of the notice and
  282  the end of the final public hearing, or must be in response to a
  283  proposed objection by the committee. In addition, when any
  284  change is made in a proposed rule, other than a technical
  285  change, the adopting agency shall provide a copy of a notice of
  286  change by certified mail or actual delivery to any person who
  287  requests it in writing no later than 21 days after the notice
  288  required in paragraph (a). The agency shall file the notice of
  289  change with the committee, along with the reasons for the
  290  change, and provide the notice of change to persons requesting
  291  it, at least 21 days prior to filing the rule for adoption. The
  292  notice of change shall be published in the Florida
  293  Administrative Register Weekly at least 21 days prior to filing
  294  the rule for adoption. This subparagraph does not apply to
  295  emergency rules adopted pursuant to subsection (4).
  296         2. After the notice required by paragraph (a) and prior to
  297  adoption, the agency may withdraw the rule in whole or in part.
  298         3. After adoption and before the rule becomes effective, a
  299  rule may be modified or withdrawn only in the following
  300  circumstances:
  301         a. When the committee objects to the rule;
  302         b. When a final order, which is not subject to further
  303  appeal, is entered in a rule challenge brought pursuant to s.
  304  120.56 after the date of adoption but before the rule becomes
  305  effective pursuant to subparagraph (e)6.;
  306         c. If the rule requires ratification, when more than 90
  307  days have passed since the rule was filed for adoption without
  308  the Legislature ratifying the rule, in which case the rule may
  309  be withdrawn but may not be modified; or
  310         d. When the committee notifies the agency that an objection
  311  to the rule is being considered, in which case the rule may be
  312  modified to extend the effective date by not more than 60 days.
  313         4. The agency shall give notice of its decision to withdraw
  314  or modify a rule in the first available issue of the publication
  315  in which the original notice of rulemaking was published, shall
  316  notify those persons described in subparagraph (a)3. in
  317  accordance with the requirements of that subparagraph, and shall
  318  notify the Department of State if the rule is required to be
  319  filed with the Department of State.
  320         5. After a rule has become effective, it may be repealed or
  321  amended only through the rulemaking procedures specified in this
  322  chapter.
  323         (e) Filing for final adoption; effective date.—
  324         1. If the adopting agency is required to publish its rules
  325  in the Florida Administrative Code, the agency, upon approval of
  326  the agency head, shall file with the Department of State three
  327  certified copies of the rule it proposes to adopt; one copy of
  328  any material incorporated by reference in the rule, certified by
  329  the agency; a summary of the rule; a summary of any hearings
  330  held on the rule; and a detailed written statement of the facts
  331  and circumstances justifying the rule. Agencies not required to
  332  publish their rules in the Florida Administrative Code shall
  333  file one certified copy of the proposed rule, and the other
  334  material required by this subparagraph, in the office of the
  335  agency head, and such rules shall be open to the public.
  336         2. A rule may not be filed for adoption less than 28 days
  337  or more than 90 days after the notice required by paragraph (a),
  338  until 21 days after the notice of change required by paragraph
  339  (d), until 14 days after the final public hearing, until 21 days
  340  after a statement of estimated regulatory costs required under
  341  s. 120.541 has been provided to all persons who submitted a
  342  lower cost regulatory alternative and made available to the
  343  public, or until the administrative law judge has rendered a
  344  decision under s. 120.56(2), whichever applies. When a required
  345  notice of change is published prior to the expiration of the
  346  time to file the rule for adoption, the period during which a
  347  rule must be filed for adoption is extended to 45 days after the
  348  date of publication. If notice of a public hearing is published
  349  prior to the expiration of the time to file the rule for
  350  adoption, the period during which a rule must be filed for
  351  adoption is extended to 45 days after adjournment of the final
  352  hearing on the rule, 21 days after receipt of all material
  353  authorized to be submitted at the hearing, or 21 days after
  354  receipt of the transcript, if one is made, whichever is latest.
  355  The term “public hearing” includes any public meeting held by
  356  any agency at which the rule is considered. If a petition for an
  357  administrative determination under s. 120.56(2) is filed, the
  358  period during which a rule must be filed for adoption is
  359  extended to 60 days after the administrative law judge files the
  360  final order with the clerk or until 60 days after subsequent
  361  judicial review is complete.
  362         3. At the time a rule is filed, the agency shall certify
  363  that the time limitations prescribed by this paragraph have been
  364  complied with, that all statutory rulemaking requirements have
  365  been met, and that there is no administrative determination
  366  pending on the rule.
  367         4. At the time a rule is filed, the committee shall certify
  368  whether the agency has responded in writing to all material and
  369  timely written comments or written inquiries made on behalf of
  370  the committee. The department shall reject any rule that is not
  371  filed within the prescribed time limits; that does not comply
  372  with all statutory rulemaking requirements and rules of the
  373  department; upon which an agency has not responded in writing to
  374  all material and timely written inquiries or written comments;
  375  upon which an administrative determination is pending; or which
  376  does not include a statement of estimated regulatory costs, if
  377  required.
  378         5. If a rule has not been adopted within the time limits
  379  imposed by this paragraph or has not been adopted in compliance
  380  with all statutory rulemaking requirements, the agency proposing
  381  the rule shall withdraw the rule and give notice of its action
  382  in the next available issue of the Florida Administrative
  383  Register Weekly.
  384         6. The proposed rule shall be adopted on being filed with
  385  the Department of State and become effective 20 days after being
  386  filed, on a later date specified in the notice required by
  387  subparagraph (a)1., on a date required by statute, or upon
  388  ratification by the Legislature pursuant to s. 120.541(3). Rules
  389  not required to be filed with the Department of State shall
  390  become effective when adopted by the agency head, on a later
  391  date specified by rule or statute, or upon ratification by the
  392  Legislature pursuant to s. 120.541(3). If the committee notifies
  393  an agency that an objection to a rule is being considered, the
  394  agency may postpone the adoption of the rule to accommodate
  395  review of the rule by the committee. When an agency postpones
  396  adoption of a rule to accommodate review by the committee, the
  397  90-day period for filing the rule is tolled until the committee
  398  notifies the agency that it has completed its review of the
  399  rule.
  400  
  401  For the purposes of this paragraph, the term “administrative
  402  determination” does not include subsequent judicial review.
  403         (4) EMERGENCY RULES.—
  404         (a) If an agency finds that an immediate danger to the
  405  public health, safety, or welfare requires emergency action, the
  406  agency may adopt any rule necessitated by the immediate danger.
  407  The agency may adopt a rule by any procedure which is fair under
  408  the circumstances if:
  409         1. The procedure provides at least the procedural
  410  protection given by other statutes, the State Constitution, or
  411  the United States Constitution.
  412         2. The agency takes only that action necessary to protect
  413  the public interest under the emergency procedure.
  414         3. The agency publishes in writing at the time of, or prior
  415  to, its action the specific facts and reasons for finding an
  416  immediate danger to the public health, safety, or welfare and
  417  its reasons for concluding that the procedure used is fair under
  418  the circumstances. In any event, notice of emergency rules,
  419  other than those of educational units or units of government
  420  with jurisdiction in only one or a part of one county, including
  421  the full text of the rules, shall be published in the first
  422  available issue of the Florida Administrative Register Weekly
  423  and provided to the committee along with any material
  424  incorporated by reference in the rules. The agency’s findings of
  425  immediate danger, necessity, and procedural fairness shall be
  426  judicially reviewable.
  427         (5) UNIFORM RULES.—
  428         (a)1. By July 1, 1997, the Administration Commission shall
  429  adopt one or more sets of uniform rules of procedure which shall
  430  be reviewed by the committee and filed with the Department of
  431  State. Agencies must comply with the uniform rules by July 1,
  432  1998. The uniform rules shall establish procedures that comply
  433  with the requirements of this chapter. On filing with the
  434  department, the uniform rules shall be the rules of procedure
  435  for each agency subject to this chapter unless the
  436  Administration Commission grants an exception to the agency
  437  under this subsection.
  438         2. An agency may seek exceptions to the uniform rules of
  439  procedure by filing a petition with the Administration
  440  Commission. The Administration Commission shall approve
  441  exceptions to the extent necessary to implement other statutes,
  442  to the extent necessary to conform to any requirement imposed as
  443  a condition precedent to receipt of federal funds or to permit
  444  persons in this state to receive tax benefits under federal law,
  445  or as required for the most efficient operation of the agency as
  446  determined by the Administration Commission. The reasons for the
  447  exceptions shall be published in the Florida Administrative
  448  Register Weekly.
  449         3. Agency rules that provide exceptions to the uniform
  450  rules shall not be filed with the department unless the
  451  Administration Commission has approved the exceptions. Each
  452  agency that adopts rules that provide exceptions to the uniform
  453  rules shall publish a separate chapter in the Florida
  454  Administrative Code that delineates clearly the provisions of
  455  the agency’s rules that provide exceptions to the uniform rules
  456  and specifies each alternative chosen from among those
  457  authorized by the uniform rules. Each chapter shall be organized
  458  in the same manner as the uniform rules.
  459         (b) The uniform rules of procedure adopted by the
  460  commission pursuant to this subsection shall include, but are
  461  not limited to:
  462         1. Uniform rules for the scheduling of public meetings,
  463  hearings, and workshops.
  464         2. Uniform rules for use by each state agency that provide
  465  procedures for conducting public meetings, hearings, and
  466  workshops, and for taking evidence, testimony, and argument at
  467  such public meetings, hearings, and workshops, in person and by
  468  means of communications media technology. The rules shall
  469  provide that all evidence, testimony, and argument presented
  470  shall be afforded equal consideration, regardless of the method
  471  of communication. If a public meeting, hearing, or workshop is
  472  to be conducted by means of communications media technology, or
  473  if attendance may be provided by such means, the notice shall so
  474  state. The notice for public meetings, hearings, and workshops
  475  utilizing communications media technology shall state how
  476  persons interested in attending may do so and shall name
  477  locations, if any, where communications media technology
  478  facilities will be available. Nothing in this paragraph shall be
  479  construed to diminish the right to inspect public records under
  480  chapter 119. Limiting points of access to public meetings,
  481  hearings, and workshops subject to the provisions of s. 286.011
  482  to places not normally open to the public shall be presumed to
  483  violate the right of access of the public, and any official
  484  action taken under such circumstances is void and of no effect.
  485  Other laws relating to public meetings, hearings, and workshops,
  486  including penal and remedial provisions, shall apply to public
  487  meetings, hearings, and workshops conducted by means of
  488  communications media technology, and shall be liberally
  489  construed in their application to such public meetings,
  490  hearings, and workshops. As used in this subparagraph,
  491  “communications media technology” means the electronic
  492  transmission of printed matter, audio, full-motion video,
  493  freeze-frame video, compressed video, and digital video by any
  494  method available.
  495         3. Uniform rules of procedure for the filing of notice of
  496  protests and formal written protests. The Administration
  497  Commission may prescribe the form and substantive provisions of
  498  a required bond.
  499         4. Uniform rules of procedure for the filing of petitions
  500  for administrative hearings pursuant to s. 120.569 or s. 120.57.
  501  Such rules shall require the petition to include:
  502         a. The identification of the petitioner, including the
  503  petitioner’s e-mail address, if any, for the transmittal of
  504  subsequent documents by electronic means.
  505         b. A statement of when and how the petitioner received
  506  notice of the agency’s action or proposed action.
  507         c. An explanation of how the petitioner’s substantial
  508  interests are or will be affected by the action or proposed
  509  action.
  510         d. A statement of all material facts disputed by the
  511  petitioner or a statement that there are no disputed facts.
  512         e. A statement of the ultimate facts alleged, including a
  513  statement of the specific facts the petitioner contends warrant
  514  reversal or modification of the agency’s proposed action.
  515         f. A statement of the specific rules or statutes that the
  516  petitioner contends require reversal or modification of the
  517  agency’s proposed action, including an explanation of how the
  518  alleged facts relate to the specific rules or statutes.
  519         g. A statement of the relief sought by the petitioner,
  520  stating precisely the action petitioner wishes the agency to
  521  take with respect to the proposed action.
  522         5. Uniform rules for the filing of request for
  523  administrative hearing by a respondent in agency enforcement and
  524  disciplinary actions. Such rules shall require a request to
  525  include:
  526         a. The name, address, e-mail address, and telephone number
  527  of the party making the request and the name, address, and
  528  telephone number of the party’s counsel or qualified
  529  representative upon whom service of pleadings and other papers
  530  shall be made;
  531         b. A statement that the respondent is requesting an
  532  administrative hearing and disputes the material facts alleged
  533  by the petitioner, in which case the respondent shall identify
  534  those material facts that are in dispute, or that the respondent
  535  is requesting an administrative hearing and does not dispute the
  536  material facts alleged by the petitioner; and
  537         c. A reference by file number to the administrative
  538  complaint that the party has received from the agency and the
  539  date on which the agency pleading was received.
  540  
  541  The agency may provide an election-of-rights form for the
  542  respondent’s use in requesting a hearing, so long as any form
  543  provided by the agency calls for the information in sub
  544  subparagraphs a. through c. and does not impose any additional
  545  requirements on a respondent in order to request a hearing,
  546  unless such requirements are specifically authorized by law.
  547         6. Uniform rules of procedure for the filing and prompt
  548  disposition of petitions for declaratory statements. The rules
  549  shall also describe the contents of the notices that must be
  550  published in the Florida Administrative Register Weekly under s.
  551  120.565, including any applicable time limit for the filing of
  552  petitions to intervene or petitions for administrative hearing
  553  by persons whose substantial interests may be affected.
  554         7. Provision of a method by which each agency head shall
  555  provide a description of the agency’s organization and general
  556  course of its operations. The rules shall require that the
  557  statement concerning the agency’s organization and operations be
  558  published on the agency’s website.
  559         8. Uniform rules establishing procedures for granting or
  560  denying petitions for variances and waivers pursuant to s.
  561  120.542.
  562         (6) ADOPTION OF FEDERAL STANDARDS.—Notwithstanding any
  563  contrary provision of this section, in the pursuance of state
  564  implementation, operation, or enforcement of federal programs,
  565  an agency is empowered to adopt rules substantively identical to
  566  regulations adopted pursuant to federal law, in accordance with
  567  the following procedures:
  568         (a) The agency shall publish notice of intent to adopt a
  569  rule pursuant to this subsection in the Florida Administrative
  570  Register Weekly at least 21 days prior to filing the rule with
  571  the Department of State. The agency shall provide a copy of the
  572  notice of intent to adopt a rule to the committee at least 21
  573  days prior to the date of filing with the Department of State.
  574  Prior to filing the rule with the Department of State, the
  575  agency shall consider any written comments received within 14
  576  days after the date of publication of the notice of intent to
  577  adopt a rule. The rule shall be adopted upon filing with the
  578  Department of State. Substantive changes from the rules as
  579  noticed shall require republishing of notice as required in this
  580  subsection.
  581         (d) Whenever any federal regulation adopted as an agency
  582  rule pursuant to this subsection is declared invalid or is
  583  withdrawn, revoked, repealed, remanded, or suspended, the agency
  584  shall, within 60 days thereafter, publish a notice of repeal of
  585  the substantively identical agency rule in the Florida
  586  Administrative Register Weekly. Such repeal is effective upon
  587  publication of the notice. Whenever any federal regulation
  588  adopted as an agency rule pursuant to this subsection is
  589  substantially amended, the agency may adopt the amended
  590  regulation as a rule. If the amended regulation is not adopted
  591  as a rule within 180 days after the effective date of the
  592  amended regulation, the original rule is deemed repealed and the
  593  agency shall publish a notice of repeal of the original agency
  594  rule in the next available Florida Administrative Register
  595  Weekly.
  596         (7) PETITION TO INITIATE RULEMAKING.—
  597         (b) If the petition filed under this subsection is directed
  598  to an unadopted rule, the agency shall, not later than 30 days
  599  following the date of filing a petition, initiate rulemaking, or
  600  provide notice in the Florida Administrative Register Weekly
  601  that the agency will hold a public hearing on the petition
  602  within 30 days after publication of the notice. The purpose of
  603  the public hearing is to consider the comments of the public
  604  directed to the agency rule which has not been adopted by the
  605  rulemaking procedures or requirements of this chapter, its scope
  606  and application, and to consider whether the public interest is
  607  served adequately by the application of the rule on a case-by
  608  case basis, as contrasted with its adoption by the rulemaking
  609  procedures or requirements set forth in this chapter.
  610         (c) Within 30 days following the public hearing provided
  611  for by paragraph (b), if the agency does not initiate rulemaking
  612  or otherwise comply with the requested action, the agency shall
  613  publish in the Florida Administrative Register Weekly a
  614  statement of its reasons for not initiating rulemaking or
  615  otherwise complying with the requested action, and of any
  616  changes it will make in the scope or application of the
  617  unadopted rule. The agency shall file the statement with the
  618  committee. The committee shall forward a copy of the statement
  619  to the substantive committee with primary oversight jurisdiction
  620  of the agency in each house of the Legislature. The committee or
  621  the committee with primary oversight jurisdiction may hold a
  622  hearing directed to the statement of the agency. The committee
  623  holding the hearing may recommend to the Legislature the
  624  introduction of legislation making the rule a statutory standard
  625  or limiting or otherwise modifying the authority of the agency.
  626         Section 5. Subsections (6) and (8) of section 120.542,
  627  Florida Statutes, are amended to read:
  628         120.542 Variances and waivers.—
  629         (6) Within 15 days after receipt of a petition for variance
  630  or waiver, an agency shall provide notice of the petition to the
  631  Department of State, which shall publish notice of the petition
  632  in the first available issue of the Florida Administrative
  633  Register Weekly. The notice shall contain the name of the
  634  petitioner, the date the petition was filed, the rule number and
  635  nature of the rule from which variance or waiver is sought, and
  636  an explanation of how a copy of the petition can be obtained.
  637  The uniform rules shall provide a means for interested persons
  638  to provide comments on the petition.
  639         (8) An agency shall grant or deny a petition for variance
  640  or waiver within 90 days after receipt of the original petition,
  641  the last item of timely requested additional material, or the
  642  petitioner’s written request to finish processing the petition.
  643  A petition not granted or denied within 90 days after receipt of
  644  a completed petition is deemed approved. A copy of the order
  645  granting or denying the petition shall be filed with the
  646  committee and shall contain a statement of the relevant facts
  647  and reasons supporting the agency’s action. The agency shall
  648  provide notice of the disposition of the petition to the
  649  Department of State, which shall publish the notice in the next
  650  available issue of the Florida Administrative Register Weekly.
  651  The notice shall contain the name of the petitioner, the date
  652  the petition was filed, the rule number and nature of the rule
  653  from which the waiver or variance is sought, a reference to the
  654  place and date of publication of the notice of the petition, the
  655  date of the order denying or approving the variance or waiver,
  656  the general basis for the agency decision, and an explanation of
  657  how a copy of the order can be obtained. The agency’s decision
  658  to grant or deny the petition shall be supported by competent
  659  substantial evidence and is subject to ss. 120.569 and 120.57.
  660  Any proceeding pursuant to ss. 120.569 and 120.57 in regard to a
  661  variance or waiver shall be limited to the agency action on the
  662  request for the variance or waiver, except that a proceeding in
  663  regard to a variance or waiver may be consolidated with any
  664  other proceeding authorized by this chapter.
  665         Section 6. Paragraph (c) of subsection (3), subsections (4)
  666  and (7), and paragraph (b) of subsection (8) of section 120.545,
  667  Florida Statutes, are amended to read:
  668         120.545 Committee review of agency rules.—
  669         (3) Within 30 days after receipt of the objection, if the
  670  agency is headed by an individual, or within 45 days after
  671  receipt of the objection, if the agency is headed by a collegial
  672  body, the agency shall:
  673         (c) If the objection is to the statement of estimated
  674  regulatory costs:
  675         1. Prepare a corrected statement of estimated regulatory
  676  costs, give notice of the availability of the corrected
  677  statement in the first available issue of the Florida
  678  Administrative Register Weekly, and file a copy of the corrected
  679  statement with the committee; or
  680         2. Notify the committee that it refuses to prepare a
  681  corrected statement of estimated regulatory costs.
  682         (4) Failure of the agency to respond to a committee
  683  objection to a rule that is not yet in effect within the time
  684  prescribed in subsection (3) constitutes withdrawal of the rule
  685  in its entirety. In this event, the committee shall notify the
  686  Department of State that the agency, by its failure to respond
  687  to a committee objection, has elected to withdraw the rule. Upon
  688  receipt of the committee’s notice, the Department of State shall
  689  publish a notice to that effect in the next available issue of
  690  the Florida Administrative Register Weekly. Upon publication of
  691  the notice, the rule shall be stricken from the files of the
  692  Department of State and the files of the agency.
  693         (7) If the committee objects to a rule and the agency
  694  refuses to modify, amend, withdraw, or repeal the rule, the
  695  committee shall file with the Department of State a notice of
  696  the objection, detailing with particularity the committee’s
  697  objection to the rule. The Department of State shall publish
  698  this notice in the Florida Administrative Register Weekly. If
  699  the rule is published in the Florida Administrative Code, a
  700  reference to the committee’s objection and to the issue of the
  701  Florida Administrative Register Weekly in which the full text
  702  thereof appears shall be recorded in a history note.
  703         (8)
  704         (b)1. If the committee votes to recommend the introduction
  705  of legislation to address the committee’s objection, the
  706  committee shall, within 5 days after this determination, certify
  707  that fact to the agency whose rule or proposed rule has been
  708  examined. The committee may request that the agency temporarily
  709  suspend the rule or suspend the adoption of the proposed rule,
  710  pending consideration of proposed legislation during the next
  711  regular session of the Legislature.
  712         2. Within 30 days after receipt of the certification, if
  713  the agency is headed by an individual, or within 45 days after
  714  receipt of the certification, if the agency is headed by a
  715  collegial body, the agency shall:
  716         a. Temporarily suspend the rule or suspend the adoption of
  717  the proposed rule; or
  718         b. Notify the committee in writing that the agency refuses
  719  to temporarily suspend the rule or suspend the adoption of the
  720  proposed rule.
  721         3. If the agency elects to temporarily suspend the rule or
  722  suspend the adoption of the proposed rule, the agency shall give
  723  notice of the suspension in the Florida Administrative Register
  724  Weekly. The rule or the rule adoption process shall be suspended
  725  upon publication of the notice. An agency may not base any
  726  agency action on a suspended rule or suspended proposed rule, or
  727  portion of such rule, prior to expiration of the suspension. A
  728  suspended rule or suspended proposed rule, or portion of such
  729  rule, continues to be subject to administrative determination
  730  and judicial review as provided by law.
  731         4. Failure of an agency to respond to committee
  732  certification within the time prescribed by subparagraph 2.
  733  constitutes a refusal to suspend the rule or to suspend the
  734  adoption of the proposed rule.
  735         Section 7. Subsections (1) and (3) and paragraph (b) of
  736  subsection (4) of section 120.555, Florida Statutes, are amended
  737  to read:
  738         120.555 Summary removal of published rules no longer in
  739  force and effect.—When, as part of the continuous revision
  740  system authorized in s. 120.55(1)(a)1. or as otherwise provided
  741  by law, the Department of State is in doubt whether a rule
  742  published in the official version of the Florida Administrative
  743  Code is still in full force and effect, the procedure in this
  744  section shall be employed.
  745         (1) The Department of State shall submit to the head of the
  746  agency with authority to repeal or amend the rule, if any, or if
  747  no such agency can be identified, to the Governor, a written
  748  request for a statement as to whether the rule is still in full
  749  force and effect. A copy of the request shall be promptly
  750  delivered to the committee and to the Attorney General. The
  751  Department of State shall publish a notice of the request
  752  together with a copy of the request in the Florida
  753  Administrative Register Weekly next available after delivery of
  754  the request to the head of the agency or the Governor.
  755         (3) The Department of State shall publish a notice of the
  756  agency’s or Governor’s timely response or the acknowledgment
  757  determined under subsection (2) in the Florida Administrative
  758  Register Weekly next available after receipt of the response or
  759  the expiration of the response period, whichever occurs first.
  760         (4) If the response states that the rule is no longer in
  761  effect, or if no response is filed timely with the Department of
  762  State, the notice required in subsection (3) shall also give
  763  notice of the following:
  764         (b) Any objection to the summary repeal under this section
  765  must be filed as a petition challenging a proposed rule under s.
  766  120.56 and must be filed no later than 21 days after the date
  767  the notice is published in the Florida Administrative Register
  768  Weekly.
  769         Section 8. Paragraph (b) of subsection (2), paragraph (b)
  770  of subsection (3), and paragraph (c) of subsection (4) of
  771  section 120.56, Florida Statutes, are amended to read:
  772         120.56 Challenges to rules.—
  773         (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—
  774         (b) The administrative law judge may declare the proposed
  775  rule wholly or partly invalid. Unless the decision of the
  776  administrative law judge is reversed on appeal, the proposed
  777  rule or provision of a proposed rule declared invalid shall not
  778  be adopted. After a petition for administrative determination
  779  has been filed, the agency may proceed with all other steps in
  780  the rulemaking process, including the holding of a factfinding
  781  hearing. In the event part of a proposed rule is declared
  782  invalid, the adopting agency may, in its sole discretion,
  783  withdraw the proposed rule in its entirety. The agency whose
  784  proposed rule has been declared invalid in whole or part shall
  785  give notice of the decision in the first available issue of the
  786  Florida Administrative Register Weekly.
  787         (3) CHALLENGING EXISTING RULES; SPECIAL PROVISIONS.—
  788         (b) The administrative law judge may declare all or part of
  789  a rule invalid. The rule or part thereof declared invalid shall
  790  become void when the time for filing an appeal expires. The
  791  agency whose rule has been declared invalid in whole or part
  792  shall give notice of the decision in the Florida Administrative
  793  Register Weekly in the first available issue after the rule has
  794  become void.
  795         (4) CHALLENGING AGENCY STATEMENTS DEFINED AS RULES; SPECIAL
  796  PROVISIONS.—
  797         (c) The administrative law judge may determine whether all
  798  or part of a statement violates s. 120.54(1)(a). The decision of
  799  the administrative law judge shall constitute a final order. The
  800  division shall transmit a copy of the final order to the
  801  Department of State and the committee. The Department of State
  802  shall publish notice of the final order in the first available
  803  issue of the Florida Administrative Register Weekly.
  804         Section 9. Subsection (3) of section 120.565, Florida
  805  Statutes, is amended to read:
  806         120.565 Declaratory statement by agencies.—
  807         (3) The agency shall give notice of the filing of each
  808  petition in the next available issue of the Florida
  809  Administrative Register Weekly and transmit copies of each
  810  petition to the committee. The agency shall issue a declaratory
  811  statement or deny the petition within 90 days after the filing
  812  of the petition. The declaratory statement or denial of the
  813  petition shall be noticed in the next available issue of the
  814  Florida Administrative Register Weekly. Agency disposition of
  815  petitions shall be final agency action.
  816         Section 10. Paragraph (a) of subsection (2) of section
  817  120.63, Florida Statutes, is amended to read:
  818         120.63 Exemption from act.—
  819         (2) The commission may not exempt an agency from any
  820  requirement of this act pursuant to this section until it
  821  establishes alternative procedures to achieve the agency’s
  822  purpose which shall be consistent, insofar as possible, with the
  823  intent and purpose of the act.
  824         (a) Prior to the granting of any exemption authorized by
  825  this section, the commission shall hold a public hearing after
  826  notice given as provided in s. 120.525. Upon the conclusion of
  827  the hearing, the commission, through the Executive Office of the
  828  Governor, shall issue an order specifically granting or denying
  829  the exemption and specifying any processes or proceedings
  830  exempted and the extent of the exemption; transmit to the
  831  committee and to the Department of State a copy of the petition,
  832  a certified copy of the order granting or denying the petition,
  833  and a copy of any alternative procedures prescribed; and give
  834  notice of the petition and the commission’s response in the
  835  Florida Administrative Register Weekly.
  836         Section 11. Paragraph (b) of subsection (7) of section
  837  120.745, Florida Statutes, is amended to read:
  838         120.745 Legislative review of agency rules in effect on or
  839  before November 16, 2010.—
  840         (7) MANNER OF PUBLICATION OF NOTICES, DETERMINATIONS, AND
  841  REPORTS.—Agencies shall publish notices, determinations, and
  842  reports required under this section exclusively in the following
  843  manner:
  844         (b)1. Each notice shall be published using the following
  845  URL format:
  846         [Address of agency’s Internet website]/
  847         2011_Rule_review/Notices.
  848         (Example:
  849         http://www.dos.state.fl.us/2011_Rule_review/Notices).
  850         2. Once each week a copy of all notices published in the
  851  previous week on the Internet under this paragraph shall be
  852  delivered to the Department of State, for publication in the
  853  next available issue of the Florida Administrative Register
  854  Weekly, and a copy shall be delivered by electronic mail to the
  855  committee.
  856         3. Each notice shall identify the publication for which
  857  notice is being given and include:
  858         a. The name of the agency.
  859         b. The name, physical address, fax number, and e-mail
  860  address for the person designated to receive all inquiries,
  861  public comments, and objections pertaining to the publication
  862  identified in the notice.
  863         c. The particular Internet address through which the
  864  publication may be accessed.
  865         d. The date the notice and publication is first published
  866  on the agency’s Internet website.
  867         Section 12. Paragraph (a) of subsection (3) of section
  868  120.80, Florida Statutes, is amended to read:
  869         120.80 Exceptions and special requirements; agencies.—
  870         (3) OFFICE OF FINANCIAL REGULATION.—
  871         (a) Notwithstanding s. 120.60(1), in proceedings for the
  872  issuance, denial, renewal, or amendment of a license or approval
  873  of a merger pursuant to title XXXVIII:
  874         1.a. The Office of Financial Regulation of the Financial
  875  Services Commission shall have published in the Florida
  876  Administrative Register Weekly notice of the application within
  877  21 days after receipt.
  878         b. Within 21 days after publication of notice, any person
  879  may request a hearing. Failure to request a hearing within 21
  880  days after notice constitutes a waiver of any right to a
  881  hearing. The Office of Financial Regulation or an applicant may
  882  request a hearing at any time prior to the issuance of a final
  883  order. Hearings shall be conducted pursuant to ss. 120.569 and
  884  120.57, except that the Financial Services Commission shall by
  885  rule provide for participation by the general public.
  886         2. Should a hearing be requested as provided by sub
  887  subparagraph 1.b., the applicant or licensee shall publish at
  888  its own cost a notice of the hearing in a newspaper of general
  889  circulation in the area affected by the application. The
  890  Financial Services Commission may by rule specify the format and
  891  size of the notice.
  892         3. Notwithstanding s. 120.60(1), and except as provided in
  893  subparagraph 4., every application for license for a new bank,
  894  new trust company, new credit union, or new savings and loan
  895  association shall be approved or denied within 180 days after
  896  receipt of the original application or receipt of the timely
  897  requested additional information or correction of errors or
  898  omissions. Any application for such a license or for acquisition
  899  of such control which is not approved or denied within the 180
  900  day period or within 30 days after conclusion of a public
  901  hearing on the application, whichever is later, shall be deemed
  902  approved subject to the satisfactory completion of conditions
  903  required by statute as a prerequisite to license and approval of
  904  insurance of accounts for a new bank, a new savings and loan
  905  association, or a new credit union by the appropriate insurer.
  906         4. In the case of every application for license to
  907  establish a new bank, trust company, or capital stock savings
  908  association in which a foreign national proposes to own or
  909  control 10 percent or more of any class of voting securities,
  910  and in the case of every application by a foreign national for
  911  approval to acquire control of a bank, trust company, or capital
  912  stock savings association, the Office of Financial Regulation
  913  shall request that a public hearing be conducted pursuant to ss.
  914  120.569 and 120.57. Notice of such hearing shall be published by
  915  the applicant as provided in subparagraph 2. The failure of any
  916  such foreign national to appear personally at the hearing shall
  917  be grounds for denial of the application. Notwithstanding the
  918  provisions of s. 120.60(1) and subparagraph 3., every
  919  application involving a foreign national shall be approved or
  920  denied within 1 year after receipt of the original application
  921  or any timely requested additional information or the correction
  922  of any errors or omissions, or within 30 days after the
  923  conclusion of the public hearing on the application, whichever
  924  is later.
  925         Section 13. Paragraph (d) of subsection (1) and paragraph
  926  (b) of subsection (2) of section 120.81, Florida Statutes, are
  927  amended to read:
  928         120.81 Exceptions and special requirements; general areas.—
  929         (1) EDUCATIONAL UNITS.—
  930         (d) Notwithstanding any other provision of this chapter,
  931  educational units shall not be required to include the full text
  932  of the rule or rule amendment in notices relating to rules and
  933  need not publish these or other notices in the Florida
  934  Administrative Register Weekly, but notice shall be made:
  935         1. By publication in a newspaper of general circulation in
  936  the affected area;
  937         2. By mail to all persons who have made requests of the
  938  educational unit for advance notice of its proceedings and to
  939  organizations representing persons affected by the proposed
  940  rule; and
  941         3. By posting in appropriate places so that those
  942  particular classes of persons to whom the intended action is
  943  directed may be duly notified.
  944         (2) LOCAL UNITS OF GOVERNMENT.—
  945         (b) Notwithstanding any other provision of this chapter,
  946  units of government with jurisdiction in only one county or part
  947  thereof need not publish required notices in the Florida
  948  Administrative Register Weekly, but shall publish these notices
  949  in the manner required by their enabling acts for notice of
  950  rulemaking or notice of meeting. Notices relating to rules are
  951  not required to include the full text of the rule or rule
  952  amendment.
  953         Section 14. Paragraphs (b) and (e) of subsection (5) of
  954  section 155.40, Florida Statutes, are amended to read:
  955         155.40 Sale or lease of county, district, or municipal
  956  hospital; effect of sale.—
  957         (5) The governing board of a county, district, or municipal
  958  hospital or health care system shall commence an evaluation of
  959  the possible benefits to an affected community from the sale or
  960  lease of hospital facilities owned by the board to a not-for
  961  profit or for-profit entity no later than December 31, 2012. In
  962  the course of evaluating the benefits of the sale or lease, the
  963  board shall:
  964         (b) Publish notice of the public hearing in one or more
  965  newspapers of general circulation in the county in which the
  966  majority of the physical assets of the hospital or health care
  967  system are located and in the Florida Administrative Register
  968  Weekly at least 15 days before the hearing is scheduled to
  969  occur.
  970         (e) Make publicly available all documents considered by the
  971  board in the course of such evaluation.
  972         1. Within 160 days after the initiation of the process
  973  established in this subsection, the governing board shall
  974  publish notice of the board’s findings in one or more newspapers
  975  of general circulation in the county in which the majority of
  976  the physical assets of the hospital are located and in the
  977  Florida Administrative Register Weekly.
  978         2. This evaluation is not required if a district, county,
  979  or municipal hospital has issued a public request for proposals
  980  for the sale or lease of a hospital on or before February 1,
  981  2012, for the purpose of receiving proposals from qualified
  982  purchasers or lessees, either not-for-profit or for-profit.
  983         Section 15. Subsection (6) of section 159.703, Florida
  984  Statutes, is amended to read:
  985         159.703 Creation of research and development authorities.—
  986         (6) A majority of the members of the authority shall
  987  constitute a quorum, and the affirmative vote of a majority of
  988  the members present shall be necessary for any action taken by
  989  the authority, provided that the president of each affiliated
  990  institution of higher education or that president’s designee
  991  shall be present and vote on any action taken by the authority
  992  involving the issuance of bonds or the transfer, development,
  993  lease or encumbrance of any lands owned by the Trustees of the
  994  Internal Improvement Trust Fund and leased to the authority; and
  995  provided, further, that the president of each affiliated
  996  institution of higher education or such president’s designee
  997  shall be present and vote in the affirmative on any action taken
  998  by the authority involving the lease of any park lands to a
  999  state agency. No vacancy in the membership of the authority
 1000  shall impair the right of a quorum to exercise all the rights
 1001  and perform all the duties of the authority. Any action taken by
 1002  the authority under the provisions of ss. 159.701-159.7095 may
 1003  be authorized by resolution at any regular or special meeting,
 1004  and each such resolution shall take effect immediately and need
 1005  not be published or posted. Notice of meetings of the authority
 1006  shall be published in the Florida Administrative Register
 1007  Weekly.
 1008         Section 16. Paragraph (a) of subsection (2) of section
 1009  161.053, Florida Statutes, is amended to read:
 1010         161.053 Coastal construction and excavation; regulation on
 1011  county basis.—
 1012         (2)(a) Coastal construction control lines shall be
 1013  established by the department only after it has been determined
 1014  from a comprehensive engineering study and topographic survey
 1015  that the establishment of such control lines is necessary for
 1016  the protection of upland properties and the control of beach
 1017  erosion. No such line shall be set until a public hearing has
 1018  been held in each affected county. After the department has
 1019  given consideration to the results of such public hearing, it
 1020  shall, after considering ground elevations in relation to
 1021  historical storm and hurricane tides, predicted maximum wave
 1022  uprush, beach and offshore ground contours, the vegetation line,
 1023  erosion trends, the dune or bluff line, if any exist, and
 1024  existing upland development, set and establish a coastal
 1025  construction control line and cause such line to be duly filed
 1026  in the public records of any county affected and shall furnish
 1027  the clerk of the circuit court in each county affected a survey
 1028  of such line with references made to permanently installed
 1029  monuments at such intervals and locations as may be considered
 1030  necessary. However, no coastal construction control line shall
 1031  be set until a public hearing has been held by the department
 1032  and the affected persons have an opportunity to appear. The
 1033  hearing shall constitute a public hearing and shall satisfy all
 1034  requirements for a public hearing pursuant to s. 120.54(3). The
 1035  hearing shall be noticed in the Florida Administrative Register
 1036  Weekly in the same manner as a rule. Any coastal construction
 1037  control line adopted pursuant to this section shall not be
 1038  subject to a s. 120.56(2) rule challenge or a s. 120.54(3)(c)2.
 1039  drawout proceeding, but, once adopted, shall be subject to a s.
 1040  120.56(3) invalidity challenge. The rule shall be adopted by the
 1041  department and shall become effective upon filing with the
 1042  Department of State, notwithstanding the provisions of s.
 1043  120.54(3)(e)6. Upon such filing with the Department of State, no
 1044  person, firm, corporation, or governmental agency shall
 1045  construct any structure whatsoever seaward thereof; make any
 1046  excavation, remove any beach material, or otherwise alter
 1047  existing ground elevations; drive any vehicle on, over, or
 1048  across any sand dune; or damage or cause to be damaged such sand
 1049  dune or the vegetation growing thereon seaward thereof, except
 1050  as hereinafter provided. Control lines established under the
 1051  provisions of this section shall be subject to review at the
 1052  discretion of the department after consideration of hydrographic
 1053  and topographic data that indicate shoreline changes that render
 1054  established coastal construction control lines to be ineffective
 1055  for the purposes of this act or at the written request of
 1056  officials of affected counties or municipalities. Any riparian
 1057  upland owner who feels that such line as established is unduly
 1058  restrictive or prevents a legitimate use of the owner’s property
 1059  shall be granted a review of the line upon written request.
 1060  After such review, the department shall decide if a change in
 1061  the control line as established is justified and shall so notify
 1062  the person or persons making the request. The decision of the
 1063  department shall be subject to judicial review as provided in
 1064  chapter 120.
 1065         Section 17. Paragraph (a) of subsection (2) of section
 1066  202.22, Florida Statutes, is amended to read:
 1067         202.22 Determination of local tax situs.—
 1068         (2)(a) The department shall, subject to legislative
 1069  appropriation, create as soon as practical and feasible, and
 1070  thereafter maintain, an electronic database that gives due and
 1071  proper regard to any format that is approved by the American
 1072  National Standards Institute’s Accredited Standards Committee
 1073  X12 and that designates for each street address, address range,
 1074  post office box, or post office box range in the state,
 1075  including any multiple postal street addresses applicable to one
 1076  street location, the local taxing jurisdiction in which the
 1077  street address, address range, post office box, or post office
 1078  box range is located and the appropriate code for each such
 1079  local taxing jurisdiction, identified by one nationwide standard
 1080  numeric code. The nationwide standard numeric code must contain
 1081  the same number of numeric digits, and each digit, or
 1082  combination of digits, must refer to the same level of taxing
 1083  jurisdiction throughout the United States using a format similar
 1084  to FIPS 55-3 or other appropriate standard approved by the
 1085  Federation of Tax Administrators and the Multistate Tax
 1086  Commission. Each address or address range or post office box or
 1087  post office box range must be provided in standard postal
 1088  format, including the street number, street number range, street
 1089  name, post office box number, post office box range, and zip
 1090  code. The department shall provide notice of the availability of
 1091  the database, and any subsequent revision thereof, by
 1092  publication in the Florida Administrative Register Weekly.
 1093         Section 18. Paragraph (c) of subsection (4) and paragraph
 1094  (d) of subsection (18) of section 215.555, Florida Statutes, are
 1095  amended to read:
 1096         215.555 Florida Hurricane Catastrophe Fund.—
 1097         (4) REIMBURSEMENT CONTRACTS.—
 1098         (c)1. The contract shall also provide that the obligation
 1099  of the board with respect to all contracts covering a particular
 1100  contract year shall not exceed the actual claims-paying capacity
 1101  of the fund up to a limit of $17 billion for that contract year,
 1102  unless the board determines that there is sufficient estimated
 1103  claims-paying capacity to provide $17 billion of capacity for
 1104  the current contract year and an additional $17 billion of
 1105  capacity for subsequent contract years. If the board makes such
 1106  a determination, the estimated claims-paying capacity for the
 1107  particular contract year shall be determined by adding to the
 1108  $17 billion limit one-half of the fund’s estimated claims-paying
 1109  capacity in excess of $34 billion. However, the dollar growth in
 1110  the limit may not increase in any year by an amount greater than
 1111  the dollar growth of the balance of the fund as of December 31,
 1112  less any premiums or interest attributable to optional coverage,
 1113  as defined by rule which occurred over the prior calendar year.
 1114         2. In May and October of the contract year, the board shall
 1115  publish in the Florida Administrative Register Weekly a
 1116  statement of the fund’s estimated borrowing capacity, the fund’s
 1117  estimated claims-paying capacity, and the projected balance of
 1118  the fund as of December 31. After the end of each calendar year,
 1119  the board shall notify insurers of the estimated borrowing
 1120  capacity, estimated claims-paying capacity, and the balance of
 1121  the fund as of December 31 to provide insurers with data
 1122  necessary to assist them in determining their retention and
 1123  projected payout from the fund for loss reimbursement purposes.
 1124  In conjunction with the development of the premium formula, as
 1125  provided for in subsection (5), the board shall publish factors
 1126  or multiples that assist insurers in determining their retention
 1127  and projected payout for the next contract year. For all
 1128  regulatory and reinsurance purposes, an insurer may calculate
 1129  its projected payout from the fund as its share of the total
 1130  fund premium for the current contract year multiplied by the sum
 1131  of the projected balance of the fund as of December 31 and the
 1132  estimated borrowing capacity for that contract year as reported
 1133  under this subparagraph.
 1134         (18) FACILITATION OF INSURERS’ PRIVATE CONTRACT
 1135  NEGOTIATIONS BEFORE THE START OF THE HURRICANE SEASON.—
 1136         (d) The board shall publish in the Florida Administrative
 1137  Register Weekly the maximum statutory adjusted capacity for the
 1138  mandatory coverage for a particular contract year, the maximum
 1139  statutory coverage for any optional coverage for the particular
 1140  contract year, and the aggregate fund retention used to
 1141  calculate individual insurer’s retention multiples for the
 1142  particular contract year no later than January 1 of the
 1143  immediately preceding contract year.
 1144         Section 19. Subsection (3) of section 252.62, Florida
 1145  Statutes, is amended to read:
 1146         252.62 Director of Office of Financial Regulation; powers
 1147  in a state of emergency.—
 1148         (3) The director shall publish, in the next available
 1149  publication of the Florida Administrative Register Weekly, a
 1150  copy of the text of any order issued under this section,
 1151  together with a statement describing the modification or
 1152  suspension and explaining how the modification or suspension
 1153  will facilitate recovery from the emergency and maintain the
 1154  safety and soundness of financial institutions in this state.
 1155         Section 20. Subsection (3) of section 252.63, Florida
 1156  Statutes, is amended to read:
 1157         252.63 Commissioner of Insurance Regulation; powers in a
 1158  state of emergency.—
 1159         (3) The commissioner shall publish in the next available
 1160  publication of the Florida Administrative Register Weekly a copy
 1161  of the text of any order issued under this section, together
 1162  with a statement describing the modification or suspension and
 1163  explaining how the modification or suspension will facilitate
 1164  recovery from the emergency.
 1165         Section 21. Subsection (1) of section 255.0525, Florida
 1166  Statutes, is amended to read:
 1167         255.0525 Advertising for competitive bids or proposals.—
 1168         (1) The solicitation of competitive bids or proposals for
 1169  any state construction project that is projected to cost more
 1170  than $200,000 shall be publicly advertised once in the Florida
 1171  Administrative Register Weekly at least 21 days prior to the
 1172  established bid opening. For state construction projects that
 1173  are projected to cost more than $500,000, the advertisement
 1174  shall be published in the Florida Administrative Register Weekly
 1175  at least 30 days prior to the established bid opening and at
 1176  least once in a newspaper of general circulation in the county
 1177  where the project is located at least 30 days prior to the
 1178  established bid opening and at least 5 days prior to any
 1179  scheduled prebid conference. The bids or proposals shall be
 1180  received and opened publicly at the location, date, and time
 1181  established in the bid or proposal advertisement. In cases of
 1182  emergency, the Secretary of Management Services may alter the
 1183  procedures required in this section in any manner that is
 1184  reasonable under the emergency circumstances.
 1185         Section 22. Subsection (1) of section 280.11, Florida
 1186  Statutes, is amended to read:
 1187         280.11 Withdrawal from public deposits program; return of
 1188  pledged collateral.—
 1189         (1) A qualified public depository may withdraw from the
 1190  public deposits program by giving written notice to the Chief
 1191  Financial Officer. The contingent liability, required
 1192  collateral, and reporting requirements of the depository
 1193  withdrawing from the program shall continue for a period of 12
 1194  months after the effective date of the withdrawal, except that
 1195  the filing of reports may no longer be required when the average
 1196  monthly balance of public deposits is equal to zero. Notice of
 1197  withdrawal shall be mailed or delivered in sufficient time to be
 1198  received by the Chief Financial Officer at least 30 days before
 1199  the effective date of withdrawal. The Chief Financial Officer
 1200  shall timely publish the withdrawal notice in the Florida
 1201  Administrative Register Weekly which shall constitute notice to
 1202  all depositors. The withdrawing depository shall not receive or
 1203  retain public deposits after the effective date of the
 1204  withdrawal until such time as it again becomes a qualified
 1205  public depository. The Chief Financial Officer shall, upon
 1206  request, return to the depository that portion of the collateral
 1207  pledged that is in excess of the required collateral as reported
 1208  on the current public depository monthly report. Losses of
 1209  interest or other accumulations, if any, because of withdrawal
 1210  under this section shall be assessed and paid as provided in s.
 1211  280.09.
 1212         Section 23. Paragraph (a) of subsection (4) of section
 1213  310.151, Florida Statutes, is amended to read:
 1214         310.151 Rates of pilotage; Pilotage Rate Review Committee.—
 1215         (4)(a) The applicant shall be given written notice, either
 1216  in person or by certified mail, that the committee intends to
 1217  modify the pilotage rates in that port and that the applicant
 1218  may, within 21 days after receipt of the notice, request a
 1219  hearing pursuant to the Administrative Procedure Act. Notice of
 1220  the intent to modify the pilotage rates in that port shall also
 1221  be published in the Florida Administrative Register Weekly and
 1222  in a newspaper of general circulation in the affected port area
 1223  and shall be mailed to any person who has formally requested
 1224  notice of any rate change in the affected port area. Within 21
 1225  days after receipt or publication of notice, any person whose
 1226  substantial interests will be affected by the intended committee
 1227  action may request a hearing pursuant to the Administrative
 1228  Procedure Act. If the committee concludes that the petitioner
 1229  has raised a disputed issue of material fact, the committee
 1230  shall designate a hearing, which shall be conducted by formal
 1231  proceeding before an administrative law judge assigned by the
 1232  Division of Administrative Hearings pursuant to ss. 120.569 and
 1233  120.57(1), unless waived by all parties. If the committee
 1234  concludes that the petitioner has not raised a disputed issue of
 1235  material fact and does not designate the petition for hearing,
 1236  that decision shall be considered final agency action for
 1237  purposes of s. 120.68. The failure to request a hearing within
 1238  21 days after receipt or publication of notice shall constitute
 1239  a waiver of any right to an administrative hearing and shall
 1240  cause the order modifying the pilotage rates in that port to be
 1241  entered. If an administrative hearing is requested pursuant to
 1242  this subsection, notice of the time, date, and location of the
 1243  hearing shall be published in the Florida Administrative
 1244  Register Weekly and in a newspaper of general circulation in the
 1245  affected port area and shall be mailed to the applicant and to
 1246  any person who has formally requested notice of any rate change
 1247  for the affected port area.
 1248         Section 24. Subsection (1) of section 320.642, Florida
 1249  Statutes, is amended to read:
 1250         320.642 Dealer licenses in areas previously served;
 1251  procedure.—
 1252         (1) Any licensee who proposes to establish an additional
 1253  motor vehicle dealership or permit the relocation of an existing
 1254  dealer to a location within a community or territory where the
 1255  same line-make vehicle is presently represented by a franchised
 1256  motor vehicle dealer or dealers shall give written notice of its
 1257  intention to the department. The notice must state:
 1258         (a) The specific location at which the additional or
 1259  relocated motor vehicle dealership will be established.
 1260         (b) The date on or after which the licensee intends to be
 1261  engaged in business with the additional or relocated motor
 1262  vehicle dealer at the proposed location.
 1263         (c) The identity of all motor vehicle dealers who are
 1264  franchised to sell the same line-make vehicle with licensed
 1265  locations in the county and any contiguous county to the county
 1266  where the additional or relocated motor vehicle dealer is
 1267  proposed to be located.
 1268         (d) The names and addresses of the dealer-operator and
 1269  principal investors in the proposed additional or relocated
 1270  motor vehicle dealership.
 1271  
 1272  Immediately upon receipt of the notice the department shall
 1273  cause a notice to be published in the Florida Administrative
 1274  Register Weekly. The published notice must state that a petition
 1275  or complaint by any dealer with standing to protest pursuant to
 1276  subsection (3) must be filed within 30 days following the date
 1277  of publication of the notice in the Florida Administrative
 1278  Register Weekly. The published notice must describe and identify
 1279  the proposed dealership sought to be licensed, and the
 1280  department shall cause a copy of the notice to be mailed to
 1281  those dealers identified in the licensee’s notice under
 1282  paragraph (c). The licensee shall pay a fee of $75 and a service
 1283  charge of $2.50 for each publication. Proceeds from the fee and
 1284  service charge shall be deposited into the Highway Safety
 1285  Operating Trust Fund.
 1286         Section 25. Paragraph (a) of subsection (6) of section
 1287  334.30, Florida Statutes, is amended to read:
 1288         334.30 Public-private transportation facilities.—The
 1289  Legislature finds and declares that there is a public need for
 1290  the rapid construction of safe and efficient transportation
 1291  facilities for the purpose of traveling within the state, and
 1292  that it is in the public’s interest to provide for the
 1293  construction of additional safe, convenient, and economical
 1294  transportation facilities.
 1295         (6) The procurement of public-private partnerships by the
 1296  department shall follow the provisions of this section. Sections
 1297  337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
 1298  337.185, 337.19, 337.221, and 337.251 shall not apply to
 1299  procurements under this section unless a provision is included
 1300  in the procurement documents. The department shall ensure that
 1301  generally accepted business practices for exemptions provided by
 1302  this subsection are part of the procurement process or are
 1303  included in the public-private partnership agreement.
 1304         (a) The department may request proposals from private
 1305  entities for public-private transportation projects or, if the
 1306  department receives an unsolicited proposal, the department
 1307  shall publish a notice in the Florida Administrative Register
 1308  Weekly and a newspaper of general circulation at least once a
 1309  week for 2 weeks stating that the department has received the
 1310  proposal and will accept, for 120 days after the initial date of
 1311  publication, other proposals for the same project purpose. A
 1312  copy of the notice must be mailed to each local government in
 1313  the affected area.
 1314         Section 26. Paragraph (g) of subsection (4) of section
 1315  339.135, Florida Statutes, is amended to read:
 1316         339.135 Work program; legislative budget request;
 1317  definitions; preparation, adoption, execution, and amendment.—
 1318         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
 1319         (g)1. The Florida Transportation Commission shall conduct a
 1320  statewide public hearing on the tentative work program and shall
 1321  advertise the time, place, and purpose of the hearing in the
 1322  Florida Administrative Register Weekly at least 7 days prior to
 1323  the hearing. As part of the statewide public hearing, the
 1324  commission shall, at a minimum:
 1325         a. Conduct an in-depth evaluation of the tentative work
 1326  program for compliance with applicable laws and departmental
 1327  policies; and
 1328         b. Hear all questions, suggestions, or other comments
 1329  offered by the public.
 1330         2. By no later than 14 days after the regular legislative
 1331  session begins, the commission shall submit to the Executive
 1332  Office of the Governor and the legislative appropriations
 1333  committees a report that evaluates the tentative work program
 1334  for:
 1335         a. Financial soundness;
 1336         b. Stability;
 1337         c. Production capacity;
 1338         d. Accomplishments, including compliance with program
 1339  objectives in s. 334.046;
 1340         e. Compliance with approved local government comprehensive
 1341  plans;
 1342         f. Objections and requests by metropolitan planning
 1343  organizations;
 1344         g. Policy changes and effects thereof;
 1345         h. Identification of statewide or regional projects; and
 1346         i. Compliance with all other applicable laws.
 1347         Section 27. Paragraph (a) of subsection (5) of section
 1348  339.155, Florida Statutes, is amended to read:
 1349         339.155 Transportation planning.—
 1350         (5) PROCEDURES FOR PUBLIC PARTICIPATION IN TRANSPORTATION
 1351  PLANNING.—
 1352         (a) During the development of the Florida Transportation
 1353  Plan and prior to substantive revisions, the department shall
 1354  provide citizens, affected public agencies, representatives of
 1355  transportation agency employees, other affected employee
 1356  representatives, private providers of transportation, and other
 1357  known interested parties with an opportunity to comment on the
 1358  proposed plan or revisions. These opportunities shall include,
 1359  at a minimum, publishing a notice in the Florida Administrative
 1360  Register Weekly and within a newspaper of general circulation
 1361  within the area of each department district office.
 1362         Section 28. Subsection (3) of section 343.875, Florida
 1363  Statutes, is amended to read:
 1364         343.875 Public-private partnerships.—
 1365         (3) The authority may request proposals for public-private
 1366  transportation projects or, if it receives an unsolicited
 1367  proposal, it must publish a notice in the Florida Administrative
 1368  Register Weekly and a newspaper of general circulation in the
 1369  county in which it is located at least once a week for 2 weeks
 1370  stating that it has received the proposal and will accept, for
 1371  60 days after the initial date of publication, other proposals
 1372  for the same project purpose. A copy of the notice must be
 1373  mailed to each local government in the affected areas. After the
 1374  public notification period has expired, the authority shall rank
 1375  the proposals in order of preference. In ranking the proposals,
 1376  the authority shall consider professional qualifications,
 1377  general business terms, innovative engineering or cost-reduction
 1378  terms, finance plans, and the need for state funds to deliver
 1379  the proposal. If the authority is not satisfied with the results
 1380  of the negotiations, it may, at its sole discretion, terminate
 1381  negotiations with the proposer. If these negotiations are
 1382  unsuccessful, the authority may go to the second and lower
 1383  ranked firms, in order, using the same procedure. If only one
 1384  proposal is received, the authority may negotiate in good faith
 1385  and, if it is not satisfied with the results, it may, at its
 1386  sole discretion, terminate negotiations with the proposer.
 1387  Notwithstanding this subsection, the authority may, at its
 1388  discretion, reject all proposals at any point in the process up
 1389  to completion of a contract with the proposer.
 1390         Section 29. Subsection (3) of section 343.962, Florida
 1391  Statutes, is amended to read:
 1392         343.962 Public-private partnerships.—
 1393         (3) The authority may request proposals and receive
 1394  unsolicited proposals for public-private multimodal
 1395  transportation projects, and, upon receipt of any unsolicited
 1396  proposal or determination to issue a request for proposals, the
 1397  authority must publish a notice in the Florida Administrative
 1398  Register Weekly and a newspaper of general circulation in the
 1399  county in which the proposed project is located at least once a
 1400  week for 2 weeks requesting proposals or, if an unsolicited
 1401  proposal was received, stating that it has received the proposal
 1402  and will accept, for 60 days after the initial date of
 1403  publication, other proposals for the same project purpose. A
 1404  copy of the notice must be mailed to each local government in
 1405  the affected areas. After the public notification period has
 1406  expired, the authority shall rank the proposals in order of
 1407  preference. In ranking the proposals, the authority shall
 1408  consider professional qualifications, general business terms,
 1409  innovative engineering or cost-reduction terms, finance plans,
 1410  and the need for state funds to deliver the proposal. If the
 1411  authority is not satisfied with the results of the negotiations,
 1412  it may, at its sole discretion, terminate negotiations with the
 1413  proposer. If these negotiations are unsuccessful, the authority
 1414  may go to the second and lower-ranked firms, in order, using the
 1415  same procedure. If only one proposal is received, the authority
 1416  may negotiate in good faith and, if it is not satisfied with the
 1417  results, it may, at its sole discretion, terminate negotiations
 1418  with the proposer. Notwithstanding this subsection, the
 1419  authority may, at its discretion, reject all proposals at any
 1420  point in the process up to completion of a contract with the
 1421  proposer.
 1422         Section 30. Paragraph (c) of subsection (9) of section
 1423  348.0004, Florida Statutes, is amended to read:
 1424         348.0004 Purposes and powers.—
 1425         (9) The Legislature declares that there is a public need
 1426  for the rapid construction of safe and efficient transportation
 1427  facilities for traveling within the state and that it is in the
 1428  public’s interest to provide for public-private partnership
 1429  agreements to effectuate the construction of additional safe,
 1430  convenient, and economical transportation facilities.
 1431         (c) The authority may request proposals for public-private
 1432  transportation projects or, if it receives an unsolicited
 1433  proposal, it must publish a notice in the Florida Administrative
 1434  Register Weekly and a newspaper of general circulation in the
 1435  county in which it is located at least once a week for 2 weeks,
 1436  stating that it has received the proposal and will accept, for
 1437  60 days after the initial date of publication, other proposals
 1438  for the same project purpose. A copy of the notice must be
 1439  mailed to each local government in the affected areas. After the
 1440  public notification period has expired, the authority shall rank
 1441  the proposals in order of preference. In ranking the proposals,
 1442  the authority shall consider professional qualifications,
 1443  general business terms, innovative engineering or cost-reduction
 1444  terms, finance plans, and the need for state funds to deliver
 1445  the proposal. If the authority is not satisfied with the results
 1446  of the negotiations, it may, at its sole discretion, terminate
 1447  negotiations with the proposer. If these negotiations are
 1448  unsuccessful, the authority may go to the second and lower
 1449  ranked firms, in order, using the same procedure. If only one
 1450  proposal is received, the authority may negotiate in good faith,
 1451  and if it is not satisfied with the results, it may, at its sole
 1452  discretion, terminate negotiations with the proposer. The
 1453  authority may, at its discretion, reject all proposals at any
 1454  point in the process up to completion of a contract with the
 1455  proposer.
 1456         Section 31. Subsection (3) of section 349.22, Florida
 1457  Statutes, is amended to read:
 1458         349.22 Public-private transportation facilities.—
 1459         (3) The authority may request proposals and receive
 1460  unsolicited proposals for public-private transportation projects
 1461  and, upon receipt of any unsolicited proposal or determination
 1462  to issue a request for proposals, must publish a notice in the
 1463  Florida Administrative Register Weekly and a newspaper of
 1464  general circulation in the county in which the proposed project
 1465  is located at least once a week for 2 weeks requesting proposals
 1466  or, if an unsolicited proposal was received, stating that it has
 1467  received the proposal and will accept, for 60 days after the
 1468  initial date of publication, other proposals for the same
 1469  project purpose. A copy of the notice must be mailed to each
 1470  local government in the affected areas. After the public
 1471  notification period has expired, the authority shall rank the
 1472  proposals in order of preference. In ranking the proposals, the
 1473  authority shall consider professional qualifications, general
 1474  business terms, innovative engineering or cost-reduction terms,
 1475  finance plans, and the need for state funds to deliver the
 1476  proposal. If the authority is not satisfied with the results of
 1477  the negotiations, it may, at its sole discretion, terminate
 1478  negotiations with the proposer. If these negotiations are
 1479  unsuccessful, the authority may go to the second and lower
 1480  ranked firms, in order, using the same procedure. If only one
 1481  proposal is received, the authority may negotiate in good faith
 1482  and, if it is not satisfied with the results, may, at its sole
 1483  discretion, terminate negotiations with the proposer.
 1484  Notwithstanding this subsection, the authority may, at its
 1485  discretion, reject all proposals at any point in the process up
 1486  to completion of a contract with the proposer. Any person
 1487  submitting an unsolicited proposal shall submit with the
 1488  proposal the sum of $25,000 to the authority to be applied by
 1489  the authority to its costs of review and analysis of the
 1490  proposal, and such person shall remain liable for any additional
 1491  costs and expenses of the authority incurred for the review and
 1492  analysis.
 1493         Section 32. Subsection (1) of section 366.04, Florida
 1494  Statutes, is amended to read:
 1495         366.04 Jurisdiction of commission.—
 1496         (1) In addition to its existing functions, the commission
 1497  shall have jurisdiction to regulate and supervise each public
 1498  utility with respect to its rates and service; assumption by it
 1499  of liabilities or obligations as guarantor, endorser, or surety;
 1500  and the issuance and sale of its securities, except a security
 1501  which is a note or draft maturing not more than 1 year after the
 1502  date of such issuance and sale and aggregating (together with
 1503  all other then-outstanding notes and drafts of a maturity of 1
 1504  year or less on which such public utility is liable) not more
 1505  than 5 percent of the par value of the other securities of the
 1506  public utility then outstanding. In the case of securities
 1507  having no par value, the par value for the purpose of this
 1508  section shall be the fair market value as of the date of issue.
 1509  The commission, upon application by a public utility, may
 1510  authorize the utility to issue and sell securities of one or
 1511  more offerings, or of one or more types, over a period of up to
 1512  12 months; or, if the securities are notes or drafts maturing
 1513  not more than 1 year after the date of issuance and sale, the
 1514  commission, upon such application, may authorize the utility to
 1515  issue and sell such securities over a period of up to 24 months.
 1516  The commission may take final action to grant an application by
 1517  a public utility to issue and sell securities or to assume
 1518  liabilities or obligations after having given notice in the
 1519  Florida Administrative Register Weekly published at least 7 days
 1520  in advance of final agency action. In taking final action on
 1521  such application, the commission may deny authorization for the
 1522  issuance or sale of a security or assumption of a liability or
 1523  obligation if the security, liability, or obligation is for
 1524  nonutility purposes; and shall deny authorization for the
 1525  issuance or sale of a security or assumption of a liability or
 1526  obligation if the financial viability of the public utility is
 1527  adversely affected such that the public utility’s ability to
 1528  provide reasonable service at reasonable rates is jeopardized.
 1529  Securities issued by a public utility or liabilities or
 1530  obligations assumed by a public utility as guarantor, endorser,
 1531  or surety pursuant to an order of the commission, which order is
 1532  certified by the clerk of the commission and which order
 1533  approves or authorizes the issuance and sale of such securities
 1534  or the assumption of such liabilities or obligations, shall not
 1535  be invalidated by a modification, repeal, or amendment to that
 1536  order or by a supplemental order; however, the commission’s
 1537  approval of the issuance of securities or the assumption of
 1538  liabilities or obligations shall constitute approval only as to
 1539  the legality of the issue or assumption, and in no way shall it
 1540  be considered commission approval of the rates, service,
 1541  accounts, valuation, estimates, or determinations of cost or any
 1542  other such matter. The jurisdiction conferred upon the
 1543  commission shall be exclusive and superior to that of all other
 1544  boards, agencies, political subdivisions, municipalities, towns,
 1545  villages, or counties, and, in case of conflict therewith, all
 1546  lawful acts, orders, rules, and regulations of the commission
 1547  shall in each instance prevail.
 1548         Section 33. Paragraph (d) of subsection (1) of section
 1549  373.036, Florida Statutes, is amended to read:
 1550         373.036 Florida water plan; district water management
 1551  plans.—
 1552         (1) FLORIDA WATER PLAN.—In cooperation with the water
 1553  management districts, regional water supply authorities, and
 1554  others, the department shall develop the Florida water plan. The
 1555  Florida water plan shall include, but not be limited to:
 1556         (d) Goals, objectives, and guidance for the development and
 1557  review of programs, rules, and plans relating to water
 1558  resources, based on statutory policies and directives. The state
 1559  water policy rule, renamed the water resource implementation
 1560  rule pursuant to s. 373.019(25), shall serve as this part of the
 1561  plan. Amendments or additions to this part of the Florida water
 1562  plan shall be adopted by the department as part of the water
 1563  resource implementation rule. In accordance with s. 373.114, the
 1564  department shall review rules of the water management districts
 1565  for consistency with this rule. Amendments to the water resource
 1566  implementation rule must be adopted by the secretary of the
 1567  department and be submitted to the President of the Senate and
 1568  the Speaker of the House of Representatives within 7 days after
 1569  publication in the Florida Administrative Register Weekly.
 1570  Amendments shall not become effective until the conclusion of
 1571  the next regular session of the Legislature following their
 1572  adoption.
 1573         Section 34. Section 373.044, Florida Statutes, is amended
 1574  to read:
 1575         373.044 Rules; enforcement; availability of personnel
 1576  rules.—The governing board of the district is authorized to
 1577  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
 1578  the provisions of this chapter. Rules and orders may be enforced
 1579  by mandatory injunction or other appropriate action in the
 1580  courts of the state. Rules relating to personnel matters shall
 1581  be made available to the public and affected persons at no more
 1582  than cost but need not be published in the Florida
 1583  Administrative Code or the Florida Administrative Register
 1584  Weekly.
 1585         Section 35. Subsection (8) of section 373.103, Florida
 1586  Statutes, is amended to read:
 1587         373.103 Powers which may be vested in the governing board
 1588  at the department’s discretion.—In addition to the other powers
 1589  and duties allowed it by law, the governing board of a water
 1590  management district may be specifically authorized by the
 1591  department to:
 1592         (8) Delegate to a local government by rule or agreement the
 1593  power and duty to administer and enforce any of the statutes,
 1594  rules, or regulations relating to stormwater permitting or
 1595  surface water management which the district is authorized or
 1596  required to administer, including those delegated by a state
 1597  agency to the district, if the governing board determines that
 1598  such a delegation is necessary or desirable. Such a delegation
 1599  shall be made only if the governing board determines that the
 1600  local government’s program for administering the delegated
 1601  statute, rule, or regulation:
 1602         (a) Provides by ordinance, regulation, or local law for
 1603  requirements compatible with or stricter or more extensive than
 1604  those imposed by the statute or the rules and regulations
 1605  adopted pursuant thereto;
 1606         (b) Provides for the enforcement of such requirements by
 1607  appropriate administrative and judicial processes; and
 1608         (c) Provides for administrative organization, staff, and
 1609  financial and other resources necessary to effectively and
 1610  efficiently enforce such requirements.
 1611  
 1612  The governing board shall give prior notice of its intention to
 1613  enter into an agreement described in this subsection. At a
 1614  minimum, such notice shall be published in the Florida
 1615  Administrative Register Weekly at least 21 days in advance of
 1616  the governing board’s action. At least once every 6 months, the
 1617  district shall update its rules to include a list of the
 1618  agreements adopted pursuant to this subsection to which the
 1619  district is a party. The list shall identify the parties to, and
 1620  the date and location of each agreement, and shall specify the
 1621  nature of the authority delegated by the agreement.
 1622         Section 36. Paragraph (c) of subsection (2) of section
 1623  373.4131, Florida Statutes, is amended to read:
 1624         373.4131 Statewide environmental resource permitting
 1625  rules.—
 1626         (2)
 1627         (c) Until the rules adopted pursuant to this section become
 1628  effective, existing rules adopted pursuant to this part remain
 1629  in full force and effect. Existing rules that are superseded by
 1630  the rules adopted pursuant to this section may be repealed
 1631  without further rulemaking pursuant to s. 120.54 by publication
 1632  of a notice of repeal in the Florida Administrative Register
 1633  Weekly and subsequent filing of a list of the rules repealed
 1634  with the Department of State.
 1635         Section 37. Subsection (3) of section 378.212, Florida
 1636  Statutes, is amended to read:
 1637         378.212 Variances.—
 1638         (3) The department shall publish a notice of proposed
 1639  agency action in the Florida Administrative Register Weekly and
 1640  in a newspaper of general circulation in the area affected, and
 1641  the department shall afford an opportunity for a hearing on each
 1642  application for a variance, pursuant to the provisions of
 1643  chapter 120. If no request for a hearing is filed with the
 1644  department within 14 days of publication of the notice, the
 1645  department may proceed to final agency action without a hearing.
 1646         Section 38. Paragraph (f) of subsection (2) of section
 1647  379.2431, Florida Statutes, is amended to read:
 1648         379.2431 Marine animals; regulation.—
 1649         (2) PROTECTION OF MANATEES OR SEA COWS.—
 1650         (f)1. Except for emergency rules adopted under s. 120.54,
 1651  all proposed rules of the commission for which a notice of
 1652  intended agency action is filed proposing to govern the speed
 1653  and operation of motorboats for purposes of manatee protection
 1654  shall be submitted to the counties in which the proposed rules
 1655  will take effect for review by local rule review committees.
 1656         2. No less than 60 days prior to filing a notice of rule
 1657  development in the Florida Administrative Register Weekly, as
 1658  provided in s. 120.54(3)(a), the commission shall notify the
 1659  counties for which a rule to regulate the speed and operation of
 1660  motorboats for the protection of manatees is proposed. A county
 1661  so notified shall establish a rule review committee or several
 1662  counties may combine rule review committees.
 1663         3. The county commission of each county in which a rule to
 1664  regulate the speed and operation of motorboats for the
 1665  protection of manatees is proposed shall designate a rule review
 1666  committee. The designated voting membership of the rule review
 1667  committee must be comprised of waterway users, such as fishers,
 1668  boaters, water skiers, other waterway users, as compared to the
 1669  number of manatee and other environmental advocates. A county
 1670  commission may designate an existing advisory group as the rule
 1671  review committee. With regard to each committee, fifty percent
 1672  of the voting members shall be manatee advocates and other
 1673  environmental advocates, and fifty percent of the voting members
 1674  shall be waterway users.
 1675         4. The county shall invite other state, federal, county,
 1676  municipal, or local agency representatives to participate as
 1677  nonvoting members of the local rule review committee.
 1678         5. The county shall provide logistical and administrative
 1679  staff support to the local rule review committee and may request
 1680  technical assistance from commission staff.
 1681         6. Each local rule review committee shall elect a chair and
 1682  recording secretary from among its voting members.
 1683         7. Commission staff shall submit the proposed rule and
 1684  supporting data used to develop the rule to the local rule
 1685  review committees.
 1686         8. The local rule review committees shall have 60 days from
 1687  the date of receipt of the proposed rule to submit a written
 1688  report to commission members and staff. The local rule review
 1689  committees may use supporting data supplied by the commission,
 1690  as well as public testimony which may be collected by the
 1691  committee, to develop the written report. The report may contain
 1692  recommended changes to proposed manatee protection zones or
 1693  speed zones, including a recommendation that no rule be adopted,
 1694  if that is the decision of the committee.
 1695         9. Prior to filing a notice of proposed rulemaking in the
 1696  Florida Administrative Register Weekly as provided in s.
 1697  120.54(3)(a), the commission staff shall provide a written
 1698  response to the local rule review committee reports to the
 1699  appropriate counties, to the commission members, and to the
 1700  public upon request.
 1701         10. In conducting a review of the proposed manatee
 1702  protection rule, the local rule review committees may address
 1703  such factors as whether the best available scientific
 1704  information supports the proposed rule, whether seasonal zones
 1705  are warranted, and such other factors as may be necessary to
 1706  balance manatee protection and public access to and use of the
 1707  waters being regulated under the proposed rule.
 1708         11. The written reports submitted by the local rule review
 1709  committees shall contain a majority opinion. If the majority
 1710  opinion is not unanimous, a minority opinion shall also be
 1711  included.
 1712         12. The members of the commission shall fully consider any
 1713  timely submitted written report submitted by a local rule review
 1714  committee prior to authorizing commission staff to move forward
 1715  with proposed rulemaking and shall fully consider any timely
 1716  submitted subsequent reports of the committee prior to adoption
 1717  of a final rule. The written reports of the local rule review
 1718  committees and the written responses of the commission staff
 1719  shall be part of the rulemaking record and may be submitted as
 1720  evidence regarding the committee’s recommendations in any
 1721  proceeding relating to a rule proposed or adopted pursuant to
 1722  this subsection.
 1723         13. The commission is relieved of any obligations regarding
 1724  the local rule review committee process created in this
 1725  paragraph if a timely noticed county commission fails to timely
 1726  designate the required rule review committee.
 1727         Section 39. Subsection (6) of section 380.05, Florida
 1728  Statutes, is amended to read:
 1729         380.05 Areas of critical state concern.—
 1730         (6) Once the state land planning agency determines whether
 1731  the land development regulations or local comprehensive plan or
 1732  amendment submitted by a local government is consistent with the
 1733  principles for guiding the development of the area specified
 1734  under the rule designating the area, the state land planning
 1735  agency shall approve or reject the land development regulations
 1736  or portions thereof by final order, and shall determine
 1737  compliance of the plan or amendment, or portions thereof,
 1738  pursuant to s. 163.3184. The state land planning agency shall
 1739  publish its final order to approve or reject land development
 1740  regulations, which shall constitute final agency action, in the
 1741  Florida Administrative Register Weekly. If the final order is
 1742  challenged pursuant to s. 120.57, the state planning agency has
 1743  the burden of proving the validity of the final order. Such
 1744  approval or rejection of the land development regulations shall
 1745  be no later than 60 days after submission of the land
 1746  development regulations by the local government. No proposed
 1747  land development regulation within an area of critical state
 1748  concern becomes effective under this subsection until the state
 1749  land planning agency issues its final order or, if the final
 1750  order is challenged, until the challenge to the order is
 1751  resolved pursuant to chapter 120.
 1752         Section 40. Subsection (10) of section 395.003, Florida
 1753  Statutes, is amended to read:
 1754         395.003 Licensure; denial, suspension, and revocation.—
 1755         (10) The agency may adopt rules implementing the licensure
 1756  requirements set forth in subsection (8). Within 14 days after
 1757  rendering its decision on a license application or revocation,
 1758  the agency shall publish its proposed decision in the Florida
 1759  Administrative Register Weekly. Within 21 days after publication
 1760  of the agency’s decision, any authorized person may file a
 1761  request for an administrative hearing. In administrative
 1762  proceedings challenging the approval, denial, or revocation of a
 1763  license pursuant to subsection (8), the hearing must be based on
 1764  the facts and law existing at the time of the agency’s proposed
 1765  agency action. Existing hospitals may initiate or intervene in
 1766  an administrative hearing to approve, deny, or revoke licensure
 1767  under subsection (8) based upon a showing that an established
 1768  program will be substantially affected by the issuance or
 1769  renewal of a license to a hospital within the same district or
 1770  service area.
 1771         Section 41. Subsection (3) of section 403.201, Florida
 1772  Statutes, is amended to read:
 1773         403.201 Variances.—
 1774         (3) The department shall publish notice, or shall require a
 1775  petitioner for a variance to publish notice, in the Florida
 1776  Administrative Register Weekly and in a newspaper of general
 1777  circulation in the area affected, of proposed agency action; and
 1778  the department shall afford interested persons an opportunity
 1779  for a hearing on each application for a variance. If no request
 1780  for hearing is filed with the department within 14 days of
 1781  published notice, the department may proceed to final agency
 1782  action without a hearing.
 1783         Section 42. Subsection (3) of section 403.805, Florida
 1784  Statutes, is amended to read:
 1785         403.805 Secretary; powers and duties; review of specified
 1786  rules.—
 1787         (3) After adoption of proposed rule 62-302.531(9), Florida
 1788  Administrative Code, a nonseverability and effective date
 1789  provision approved by the commission on December 8, 2011, in
 1790  accordance with the commission’s legislative authority under s.
 1791  403.804, notice of which was published by the department on
 1792  December 22, 2011, in the Florida Administrative Register
 1793  Weekly, Vol. 37, No. 51, page 4446, any subsequent rule or
 1794  amendment altering the effect of such rule shall be submitted to
 1795  the President of the Senate and the Speaker of the House of
 1796  Representatives no later than 30 days before the next regular
 1797  legislative session, and such amendment may not take effect
 1798  until it is ratified by the Legislature.
 1799         Section 43. Subsection (1) of section 403.8055, Florida
 1800  Statutes, is amended to read:
 1801         403.8055 Department adoption of federal standards.
 1802  Notwithstanding ss. 120.54 and 403.804, the secretary is
 1803  empowered to adopt rules substantively identical to regulations
 1804  adopted in the Federal Register by the United States
 1805  Environmental Protection Agency pursuant to federal law, in
 1806  accordance with the following procedures:
 1807         (1) The secretary shall publish notice of intent to adopt a
 1808  rule pursuant to this section in the Florida Administrative
 1809  Register Weekly at least 21 days prior to filing the rule with
 1810  the Department of State. The secretary shall mail a copy of the
 1811  notice of intent to adopt a rule to the Administrative
 1812  Procedures Committee at least 21 days prior to the date of
 1813  filing with the Department of State. Prior to filing the rule
 1814  with the Department of State, the secretary shall consider any
 1815  written comments received within 21 days after the date of
 1816  publication of the notice of intent to adopt a rule. The rule
 1817  shall be adopted upon filing with the Department of State.
 1818  Substantive changes from the rules as noticed shall require
 1819  republishing of notice as required in this section.
 1820         Section 44. Paragraph (e) of subsection (1) of section
 1821  403.9411, Florida Statutes, is amended to read:
 1822         403.9411 Notice; proceedings; parties and participants.—
 1823         (1)
 1824         (e) The department shall publish in the Florida
 1825  Administrative Register Weekly notices of the application; of
 1826  the certification hearing; of the hearing before the board; and
 1827  of stipulations, proposed agency action, or petitions for
 1828  modification.
 1829         Section 45. Paragraph (a) of subsection (1) of section
 1830  403.9422, Florida Statutes, is amended to read:
 1831         403.9422 Determination of need for natural gas transmission
 1832  pipeline; powers and duties.—
 1833         (1)(a) Upon request by an applicant or upon its own motion,
 1834  the commission shall schedule a public hearing, after notice, to
 1835  determine the need for a natural gas transmission pipeline
 1836  regulated by ss. 403.9401-403.9425. Such notice shall be
 1837  published at least 45 days before the date set for the hearing
 1838  and shall be published in at least one-quarter page size in
 1839  newspapers of general circulation and in the Florida
 1840  Administrative Register Weekly, by giving notice to counties and
 1841  regional planning councils in whose jurisdiction the natural gas
 1842  transmission pipeline could be placed, and by giving notice to
 1843  any persons who have requested to be placed on the mailing list
 1844  of the commission for this purpose. Within 21 days after receipt
 1845  of a request for determination by an applicant, the commission
 1846  shall set a date for the hearing. The hearing shall be held
 1847  pursuant to s. 350.01 within 75 days after the filing of the
 1848  request, and a decision shall be rendered within 90 days after
 1849  such filing.
 1850         Section 46. Paragraph (d) of subsection (2) and paragraph
 1851  (c) of subsection (4) of section 408.039, Florida Statutes, are
 1852  amended to read:
 1853         408.039 Review process.—The review process for certificates
 1854  of need shall be as follows:
 1855         (2) LETTERS OF INTENT.—
 1856         (d) Within 21 days after filing a letter of intent, the
 1857  agency shall publish notice of the filing of letters of intent
 1858  in the Florida Administrative Register Weekly and notice that,
 1859  if requested, a public hearing shall be held at the local level
 1860  within 21 days after the application is deemed complete. Notices
 1861  under this paragraph must contain due dates applicable to the
 1862  cycle for filing applications and for requesting a hearing.
 1863         (4) STAFF RECOMMENDATIONS.—
 1864         (c) The agency shall publish its proposed decision set
 1865  forth in the Notice of Intent in the Florida Administrative
 1866  Register Weekly within 14 days after the Notice of Intent is
 1867  issued.
 1868         Section 47. Subsection (10) of section 409.912, Florida
 1869  Statutes, is amended to read:
 1870         409.912 Cost-effective purchasing of health care.—The
 1871  agency shall purchase goods and services for Medicaid recipients
 1872  in the most cost-effective manner consistent with the delivery
 1873  of quality medical care. To ensure that medical services are
 1874  effectively utilized, the agency may, in any case, require a
 1875  confirmation or second physician’s opinion of the correct
 1876  diagnosis for purposes of authorizing future services under the
 1877  Medicaid program. This section does not restrict access to
 1878  emergency services or poststabilization care services as defined
 1879  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 1880  shall be rendered in a manner approved by the agency. The agency
 1881  shall maximize the use of prepaid per capita and prepaid
 1882  aggregate fixed-sum basis services when appropriate and other
 1883  alternative service delivery and reimbursement methodologies,
 1884  including competitive bidding pursuant to s. 287.057, designed
 1885  to facilitate the cost-effective purchase of a case-managed
 1886  continuum of care. The agency shall also require providers to
 1887  minimize the exposure of recipients to the need for acute
 1888  inpatient, custodial, and other institutional care and the
 1889  inappropriate or unnecessary use of high-cost services. The
 1890  agency shall contract with a vendor to monitor and evaluate the
 1891  clinical practice patterns of providers in order to identify
 1892  trends that are outside the normal practice patterns of a
 1893  provider’s professional peers or the national guidelines of a
 1894  provider’s professional association. The vendor must be able to
 1895  provide information and counseling to a provider whose practice
 1896  patterns are outside the norms, in consultation with the agency,
 1897  to improve patient care and reduce inappropriate utilization.
 1898  The agency may mandate prior authorization, drug therapy
 1899  management, or disease management participation for certain
 1900  populations of Medicaid beneficiaries, certain drug classes, or
 1901  particular drugs to prevent fraud, abuse, overuse, and possible
 1902  dangerous drug interactions. The Pharmaceutical and Therapeutics
 1903  Committee shall make recommendations to the agency on drugs for
 1904  which prior authorization is required. The agency shall inform
 1905  the Pharmaceutical and Therapeutics Committee of its decisions
 1906  regarding drugs subject to prior authorization. The agency is
 1907  authorized to limit the entities it contracts with or enrolls as
 1908  Medicaid providers by developing a provider network through
 1909  provider credentialing. The agency may competitively bid single
 1910  source-provider contracts if procurement of goods or services
 1911  results in demonstrated cost savings to the state without
 1912  limiting access to care. The agency may limit its network based
 1913  on the assessment of beneficiary access to care, provider
 1914  availability, provider quality standards, time and distance
 1915  standards for access to care, the cultural competence of the
 1916  provider network, demographic characteristics of Medicaid
 1917  beneficiaries, practice and provider-to-beneficiary standards,
 1918  appointment wait times, beneficiary use of services, provider
 1919  turnover, provider profiling, provider licensure history,
 1920  previous program integrity investigations and findings, peer
 1921  review, provider Medicaid policy and billing compliance records,
 1922  clinical and medical record audits, and other factors. Providers
 1923  are not entitled to enrollment in the Medicaid provider network.
 1924  The agency shall determine instances in which allowing Medicaid
 1925  beneficiaries to purchase durable medical equipment and other
 1926  goods is less expensive to the Medicaid program than long-term
 1927  rental of the equipment or goods. The agency may establish rules
 1928  to facilitate purchases in lieu of long-term rentals in order to
 1929  protect against fraud and abuse in the Medicaid program as
 1930  defined in s. 409.913. The agency may seek federal waivers
 1931  necessary to administer these policies.
 1932         (10) The agency, after notifying the Legislature, may apply
 1933  for waivers of applicable federal laws and regulations as
 1934  necessary to implement more appropriate systems of health care
 1935  for Medicaid recipients and reduce the cost of the Medicaid
 1936  program to the state and federal governments and shall implement
 1937  such programs, after legislative approval, within a reasonable
 1938  period of time after federal approval. These programs must be
 1939  designed primarily to reduce the need for inpatient care,
 1940  custodial care and other long-term or institutional care, and
 1941  other high-cost services. Prior to seeking legislative approval
 1942  of such a waiver as authorized by this subsection, the agency
 1943  shall provide notice and an opportunity for public comment.
 1944  Notice shall be provided to all persons who have made requests
 1945  of the agency for advance notice and shall be published in the
 1946  Florida Administrative Register Weekly not less than 28 days
 1947  prior to the intended action. This subsection expires October 1,
 1948  2016.
 1949         Section 48. Subsection (4) of section 493.6104, Florida
 1950  Statutes, is amended to read:
 1951         493.6104 Advisory council.—
 1952         (4) The council shall meet at least 4 times yearly upon the
 1953  call of the chairperson, at the request of a majority of the
 1954  membership, or at the request of the department. Notice of
 1955  council meetings and the agenda shall be published in the
 1956  Florida Administrative Register Weekly at least 14 days prior to
 1957  such meeting.
 1958         Section 49. Paragraph (c) of subsection (3) of section
 1959  553.775, Florida Statutes, is amended to read:
 1960         553.775 Interpretations.—
 1961         (3) The following procedures may be invoked regarding
 1962  interpretations of the Florida Building Code:
 1963         (c) The commission shall review decisions of local building
 1964  officials and local enforcement agencies regarding
 1965  interpretations of the Florida Building Code after the local
 1966  board of appeals has considered the decision, if such board
 1967  exists, and if such appeals process is concluded within 25
 1968  business days.
 1969         1. The commission shall coordinate with the Building
 1970  Officials Association of Florida, Inc., to designate panels
 1971  composed of five members to hear requests to review decisions of
 1972  local building officials. The members must be licensed as
 1973  building code administrators under part XII of chapter 468 and
 1974  must have experience interpreting and enforcing provisions of
 1975  the Florida Building Code.
 1976         2. Requests to review a decision of a local building
 1977  official interpreting provisions of the Florida Building Code
 1978  may be initiated by any substantially affected person, including
 1979  an owner or builder subject to a decision of a local building
 1980  official or an association of owners or builders having members
 1981  who are subject to a decision of a local building official. In
 1982  order to initiate review, the substantially affected person must
 1983  file a petition with the commission. The commission shall adopt
 1984  a form for the petition, which shall be published on the
 1985  Building Code Information System. The form shall, at a minimum,
 1986  require the following:
 1987         a. The name and address of the county or municipality in
 1988  which provisions of the Florida Building Code are being
 1989  interpreted.
 1990         b. The name and address of the local building official who
 1991  has made the interpretation being appealed.
 1992         c. The name, address, and telephone number of the
 1993  petitioner; the name, address, and telephone number of the
 1994  petitioner’s representative, if any; and an explanation of how
 1995  the petitioner’s substantial interests are being affected by the
 1996  local interpretation of the Florida Building Code.
 1997         d. A statement of the provisions of the Florida Building
 1998  Code which are being interpreted by the local building official.
 1999         e. A statement of the interpretation given to provisions of
 2000  the Florida Building Code by the local building official and the
 2001  manner in which the interpretation was rendered.
 2002         f. A statement of the interpretation that the petitioner
 2003  contends should be given to the provisions of the Florida
 2004  Building Code and a statement supporting the petitioner’s
 2005  interpretation.
 2006         g. Space for the local building official to respond in
 2007  writing. The space shall, at a minimum, require the local
 2008  building official to respond by providing a statement admitting
 2009  or denying the statements contained in the petition and a
 2010  statement of the interpretation of the provisions of the Florida
 2011  Building Code which the local jurisdiction or the local building
 2012  official contends is correct, including the basis for the
 2013  interpretation.
 2014         3. The petitioner shall submit the petition to the local
 2015  building official, who shall place the date of receipt on the
 2016  petition. The local building official shall respond to the
 2017  petition in accordance with the form and shall return the
 2018  petition along with his or her response to the petitioner within
 2019  5 days after receipt, exclusive of Saturdays, Sundays, and legal
 2020  holidays. The petitioner may file the petition with the
 2021  commission at any time after the local building official
 2022  provides a response. If no response is provided by the local
 2023  building official, the petitioner may file the petition with the
 2024  commission 10 days after submission of the petition to the local
 2025  building official and shall note that the local building
 2026  official did not respond.
 2027         4. Upon receipt of a petition that meets the requirements
 2028  of subparagraph 2., the commission shall immediately provide
 2029  copies of the petition to a panel, and the commission shall
 2030  publish the petition, including any response submitted by the
 2031  local building official, on the Building Code Information System
 2032  in a manner that allows interested persons to address the issues
 2033  by posting comments.
 2034         5. The panel shall conduct proceedings as necessary to
 2035  resolve the issues; shall give due regard to the petitions, the
 2036  response, and to comments posed on the Building Code Information
 2037  System; and shall issue an interpretation regarding the
 2038  provisions of the Florida Building Code within 21 days after the
 2039  filing of the petition. The panel shall render a determination
 2040  based upon the Florida Building Code or, if the code is
 2041  ambiguous, the intent of the code. The panel’s interpretation
 2042  shall be provided to the commission, which shall publish the
 2043  interpretation on the Building Code Information System and in
 2044  the Florida Administrative Register Weekly. The interpretation
 2045  shall be considered an interpretation entered by the commission,
 2046  and shall be binding upon the parties and upon all jurisdictions
 2047  subject to the Florida Building Code, unless it is superseded by
 2048  a declaratory statement issued by the Florida Building
 2049  Commission or by a final order entered after an appeal
 2050  proceeding conducted in accordance with subparagraph 7.
 2051         6. It is the intent of the Legislature that review
 2052  proceedings be completed within 21 days after the date that a
 2053  petition seeking review is filed with the commission, and the
 2054  time periods set forth in this paragraph may be waived only upon
 2055  consent of all parties.
 2056         7. Any substantially affected person may appeal an
 2057  interpretation rendered by a hearing officer panel by filing a
 2058  petition with the commission. Such appeals shall be initiated in
 2059  accordance with chapter 120 and the uniform rules of procedure
 2060  and must be filed within 30 days after publication of the
 2061  interpretation on the Building Code Information System or in the
 2062  Florida Administrative Register Weekly. Hearings shall be
 2063  conducted pursuant to chapter 120 and the uniform rules of
 2064  procedure. Decisions of the commission are subject to judicial
 2065  review pursuant to s. 120.68. The final order of the commission
 2066  is binding upon the parties and upon all jurisdictions subject
 2067  to the Florida Building Code.
 2068         8. The burden of proof in any proceeding initiated in
 2069  accordance with subparagraph 7. is on the party who initiated
 2070  the appeal.
 2071         9. In any review proceeding initiated in accordance with
 2072  this paragraph, including any proceeding initiated in accordance
 2073  with subparagraph 7., the fact that an owner or builder has
 2074  proceeded with construction may not be grounds for determining
 2075  an issue to be moot if the issue is one that is likely to arise
 2076  in the future.
 2077  
 2078  This paragraph provides the exclusive remedy for addressing
 2079  requests to review local interpretations of the code and appeals
 2080  from review proceedings.
 2081         Section 50. Subsection (4) of section 561.19, Florida
 2082  Statutes, is amended to read:
 2083         561.19 License issuance upon approval of division.—
 2084         (4) The issuance of licenses pursuant to subsection (2) or
 2085  subsection (3) shall not be governed by the provisions of s.
 2086  120.60. The issuance of any such license shall occur no later
 2087  than 180 days after a drawing is held pursuant to notice
 2088  published in the Florida Administrative Register Weekly or, in
 2089  the event no drawing is held, within 180 days of the final date
 2090  for filing applications. Any applicant who is not included in
 2091  the pool for drawing to determine priority shall file, within 30
 2092  days of the date of mailing of notice to such applicant, a
 2093  challenge to such action pursuant to ss. 120.569 and 120.57, or
 2094  the right to file any action as to such matter shall be forever
 2095  lost. Any applicant whose name is included in the pool for
 2096  drawing to determine priority but who is not issued a license
 2097  shall be entitled to request a hearing on the denial pursuant to
 2098  ss. 120.569 and 120.57 only on the grounds that the selection
 2099  process was not conducted in accordance with law or that the
 2100  licensee selected does not possess the qualifications required
 2101  by law.
 2102         Section 51. Subsection (1) of section 570.247, Florida
 2103  Statutes, is amended to read:
 2104         570.247 Promulgation of rules.—In conjunction with funds
 2105  specifically appropriated for the purposes specified in this
 2106  act, the department shall begin to promulgate rules no later
 2107  than January 1, 1992, pursuant to s. 120.54, pertaining to:
 2108         (1) Formal notification procedures for the availability of
 2109  assistance, including publication in the Florida Administrative
 2110  Register Weekly pursuant to s. 120.55.
 2111         Section 52. Paragraph (b) of subsection (1) of section
 2112  601.152, Florida Statutes, is amended to read:
 2113         601.152 Special marketing orders.—
 2114         (1)
 2115         (b) Notice of the time, place, and purpose of such public
 2116  hearing shall be:
 2117         1. Mailed, at least 10 days before such hearing, to each
 2118  handler who, during the 12 months immediately before such
 2119  mailing, has first handled in the primary channel of trade in
 2120  the state the type, variety, and form of citrus fruit or citrus
 2121  product specified in the proposed marketing order, and to each
 2122  handler who the department has good cause to believe will,
 2123  during the period of time covered by the proposed marketing
 2124  order, first handle in the primary channel of trade in the state
 2125  the type, variety, and form of citrus fruit or processed citrus
 2126  product specified in such proposed marketing order.
 2127         2. Published in the Florida Administrative Register Weekly
 2128  at least 10 days before such hearing.
 2129         Section 53. Subsection (6) of section 627.091, Florida
 2130  Statutes, is amended to read:
 2131         627.091 Rate filings; workers’ compensation and employer’s
 2132  liability insurances.—
 2133         (6) Whenever the committee of a recognized rating
 2134  organization with responsibility for workers’ compensation and
 2135  employer’s liability insurance rates in this state meets to
 2136  discuss the necessity for, or a request for, Florida rate
 2137  increases or decreases, the determination of Florida rates, the
 2138  rates to be requested, and any other matters pertaining
 2139  specifically and directly to such Florida rates, such meetings
 2140  shall be held in this state and shall be subject to s. 286.011.
 2141  The committee of such a rating organization shall provide at
 2142  least 3 weeks’ prior notice of such meetings to the office and
 2143  shall provide at least 14 days’ prior notice of such meetings to
 2144  the public by publication in the Florida Administrative Register
 2145  Weekly.
 2146         Section 54. Paragraph (a) of subsection (13) of section
 2147  633.0215, Florida Statutes, is amended to read:
 2148         633.0215 Florida Fire Prevention Code.—
 2149         (13)(a) The State Fire Marshal shall issue an expedited
 2150  declaratory statement relating to interpretations of provisions
 2151  of the Florida Fire Prevention Code according to the following
 2152  guidelines:
 2153         1. The declaratory statement shall be rendered in
 2154  accordance with s. 120.565, except that a final decision must be
 2155  issued by the State Fire Marshal within 45 days after the
 2156  division’s receipt of a petition seeking an expedited
 2157  declaratory statement. The State Fire Marshal shall give notice
 2158  of the petition and the expedited declaratory statement or the
 2159  denial of the petition in the next available issue of the
 2160  Florida Administrative Register Weekly after the petition is
 2161  filed and after the statement or denial is rendered.
 2162         2. The petitioner must be the owner of the disputed project
 2163  or the owner’s representative.
 2164         3. The petition for an expedited declaratory statement must
 2165  be:
 2166         a. Related to an active project that is under construction
 2167  or must have been submitted for a permit.
 2168         b. The subject of a written notice citing a specific
 2169  provision of the Florida Fire Prevention Code which is in
 2170  dispute.
 2171         c. Limited to a single question that is capable of being
 2172  answered with a “yes” or “no” response.
 2173         Section 55. Subsection (8) of section 633.026, Florida
 2174  Statutes, is amended to read:
 2175         633.026 Legislative intent; informal interpretations of the
 2176  Florida Fire Prevention Code.—It is the intent of the
 2177  Legislature that the Florida Fire Prevention Code be interpreted
 2178  by fire officials and local enforcement agencies in a manner
 2179  that reasonably and cost-effectively protects the public safety,
 2180  health, and welfare; ensures uniform interpretations throughout
 2181  this state; and provides just and expeditious processes for
 2182  resolving disputes regarding such interpretations. It is the
 2183  further intent of the Legislature that such processes provide
 2184  for the expeditious resolution of the issues presented and that
 2185  the resulting interpretation of such issues be published on the
 2186  website of the Division of State Fire Marshal.
 2187         (8) The committee shall conduct proceedings as necessary to
 2188  resolve the issues and give due regard to the petition, the
 2189  facts of the matter at issue, specific code sections cited, and
 2190  any statutory implications affecting the Florida Fire Prevention
 2191  Code. The committee shall issue an interpretation regarding the
 2192  provisions of the Florida Fire Prevention Code within 10 days
 2193  after the filing of a petition. The committee shall issue an
 2194  interpretation based upon the Florida Fire Prevention Code or,
 2195  if the code is ambiguous, the intent of the code. The
 2196  committee’s interpretation shall be provided to the petitioner
 2197  and shall include a notice that if the petitioner disagrees with
 2198  the interpretation, the petitioner may file a request for formal
 2199  interpretation by the State Fire Marshal under s. 633.01(6). The
 2200  committee’s interpretation shall be provided to the State Fire
 2201  Marshal, and the division shall publish the interpretation on
 2202  the State Fire Marshal’s website and in the Florida
 2203  Administrative Register Weekly.
 2204         Section 56. Paragraph (c) of subsection (2) of section
 2205  658.26, Florida Statutes, is amended to read:
 2206         658.26 Places of transacting business; branches;
 2207  facilities.—
 2208         (2)
 2209         (c) Applications filed pursuant to this subsection need not
 2210  be published in the Florida Administrative Register Weekly, but
 2211  shall otherwise be subject to chapter 120.
 2212         Section 57. Paragraph (d) of subsection (3) of section
 2213  766.105, Florida Statutes, is amended to read:
 2214         766.105 Florida Patient’s Compensation Fund.—
 2215         (3) THE FUND.—
 2216         (d) Fees and assessments.—Each health care provider, as set
 2217  forth in subsection (2), electing to comply with paragraph
 2218  (2)(b) for a given fiscal year shall pay the fees and any
 2219  assessments established under this section relative to such
 2220  fiscal year, for deposit into the fund. Those entering the fund
 2221  after the fiscal year has begun shall pay a prorated share of
 2222  the yearly fees for a prorated membership. Actuarially sound
 2223  membership fees payable annually, semiannually, or quarterly
 2224  with appropriate service charges shall be established by the
 2225  fund before January 1 of each fiscal year, based on the
 2226  following considerations:
 2227         1. Past and prospective loss and expense experience in
 2228  different types of practice and in different geographical areas
 2229  within the state;
 2230         2. The prior claims experience of the members covered under
 2231  the fund; and
 2232         3. Risk factors for persons who are retired, semiretired,
 2233  or part-time professionals.
 2234  
 2235  Such fees shall be based on not more than three geographical
 2236  areas, not necessarily contiguous, with five categories of
 2237  practice and with categories which contemplate separate risk
 2238  ratings for hospitals, for health maintenance organizations, for
 2239  ambulatory surgical facilities, and for other medical
 2240  facilities. The fund is authorized to adjust the fees of an
 2241  individual member to reflect the claims experience of such
 2242  member. Each fiscal year of the fund shall operate independently
 2243  of preceding fiscal years. Participants shall only be liable for
 2244  assessments for claims from years during which they were members
 2245  of the fund; in cases in which a participant is a member of the
 2246  fund for less than the total fiscal year, a member shall be
 2247  subject to assessments for that year on a pro rata basis
 2248  determined by the percentage of participation for the year. The
 2249  fund shall submit to the Office of Insurance Regulation the
 2250  classifications and membership fees to be charged, and the
 2251  Office of Insurance Regulation shall review such fees and shall
 2252  approve them if they comply with all the requirements of this
 2253  section and fairly reflect the considerations provided for in
 2254  this section. If the classifications or membership fees do not
 2255  comply with this section, the Office of Insurance Regulation
 2256  shall set classifications or membership fees which do comply and
 2257  which give due recognition to all considerations provided for in
 2258  this section. Nothing contained herein shall be construed as
 2259  imposing liability for payment of any part of a fund deficit on
 2260  the Joint Underwriting Association authorized by s. 627.351(4)
 2261  or its member insurers. If the fund determines that the amount
 2262  of money in an account for a given fiscal year is in excess of
 2263  or not sufficient to satisfy the claims made against the
 2264  account, the fund shall certify the amount of the projected
 2265  excess or insufficiency to the Office of Insurance Regulation
 2266  and request the office to levy an assessment against or refund
 2267  to all participants in the fund for that fiscal year, prorated,
 2268  based on the number of days of participation during the year in
 2269  question. The Office of Insurance Regulation shall approve the
 2270  request of the fund to refund to, or levy any assessment
 2271  against, the participants, provided the refund or assessment
 2272  fairly reflects the same considerations and classifications upon
 2273  which the membership fees were based. The assessment shall be in
 2274  an amount sufficient to satisfy reserve requirements for known
 2275  claims, including expenses to satisfy the claims, made against
 2276  the account for a given fiscal year. In any proceeding to
 2277  challenge the amount of the refund or assessment, it is to be
 2278  presumed that the amount of refund or assessment requested by
 2279  the fund is correct, if the fund demonstrates that it has used
 2280  reasonable claims handling and reserving procedures. Additional
 2281  assessments may be certified and levied in accordance with this
 2282  paragraph as necessary for any fiscal year. If a fund member
 2283  objects to his or her assessment, he or she shall, as a
 2284  condition precedent to bringing legal action contesting the
 2285  assessment, pay the assessment, under protest, to the fund. The
 2286  fund may borrow money needed for current operations, if
 2287  necessary to pay claims and related expenses, fees, and costs
 2288  timely for a given fiscal year, from an account for another
 2289  fiscal year until such time as sufficient funds have been
 2290  obtained through the assessment process. Any such money,
 2291  together with interest at the mean interest rate earned on the
 2292  investment portfolio of the fund, shall be repaid from the next
 2293  assessment for the given fiscal year. If any assessments are
 2294  levied in accordance with this subsection as a result of claims
 2295  in excess of $500,000 per occurrence, and such assessments are a
 2296  result of the liability of certain individuals and entities
 2297  specified in paragraph (2)(e), only hospitals shall be subject
 2298  to such assessments. Before approving the request of the fund to
 2299  charge membership fees, issue refunds, or levy assessments, the
 2300  Office of Insurance Regulation shall publish notice of the
 2301  request in the Florida Administrative Register Weekly. Pursuant
 2302  to chapter 120, any party substantially affected may request an
 2303  appropriate proceeding. Any petition for such a proceeding shall
 2304  be filed with the Office of Insurance Regulation within 21 days
 2305  after the date of publication of the notice in the Florida
 2306  Administrative Register Weekly.
 2307         Section 58. Subsection (1) of section 791.013, Florida
 2308  Statutes, is amended to read:
 2309         791.013 Testing and approval of sparklers; penalties.—
 2310         (1) A person who wishes to sell sparklers must submit
 2311  samples of his or her product to the division for testing to
 2312  determine whether it is a sparkler as defined in s. 791.01. Such
 2313  samples must be received by the division by September 1 to be
 2314  considered for approval the following year. On February 1 of
 2315  each year the division shall approve those products which it has
 2316  tested and found to meet the requirements for sparklers. All
 2317  approved sparkler products are legal for sale until January 31
 2318  of the following year. The list of approved sparkler products
 2319  shall be published in the Florida Administrative Register Weekly
 2320  and shall prominently state the dates between which the products
 2321  may be sold. The division shall make copies of this list
 2322  available to the public. A product must be tested and approved
 2323  for sale in accordance with the rules adopted to implement this
 2324  section. Beginning February 1, 1988, only those products
 2325  approved by the division may be sold in the state. The State
 2326  Fire Marshal shall adopt rules describing the testing, approval,
 2327  and listing procedures.
 2328         Section 59. Section 957.12, Florida Statutes, is amended to
 2329  read:
 2330         957.12 Prohibition on contact.—A bidder or potential bidder
 2331  is not permitted to have any contact with any member or employee
 2332  of or consultant to the commission regarding a request for
 2333  proposal, a proposal, or the evaluation or selection process
 2334  from the time a request for proposals for a private correctional
 2335  facility is issued until the time a notification of intent to
 2336  award is announced, except if such contact is in writing or in a
 2337  meeting for which notice was provided in the Florida
 2338  Administrative Register Weekly.
 2339         Section 60. Paragraph (a) of subsection (1) of section
 2340  1006.33, Florida Statutes, is amended to read:
 2341         1006.33 Bids or proposals; advertisement and its contents.—
 2342         (1)(a) Beginning on or before May 15 of any year in which
 2343  an instructional materials adoption is to be initiated, the
 2344  department shall advertise in the Florida Administrative
 2345  Register Weekly 4 weeks preceding the date on which the bids
 2346  shall be received, that at a certain designated time, not later
 2347  than June 15, sealed bids or proposals to be deposited with the
 2348  department will be received from publishers or manufacturers for
 2349  the furnishing of instructional materials proposed to be adopted
 2350  as listed in the advertisement beginning April 1 following the
 2351  adoption.
 2352         Reviser’s note.—Amended pursuant to the directive of
 2353         the Legislature in s. 3, ch. 2012-63, Laws of Florida,
 2354         to prepare a reviser’s bill for the 2013 Regular
 2355         Session of the Legislature to substitute the term
 2356         “Florida Administrative Register” for the term
 2357         “Florida Administrative Weekly” throughout the Florida
 2358         Statutes.
 2359         Section 61. This act shall take effect on the 60th day
 2360  after adjournment sine die of the session of the Legislature in
 2361  which enacted.