SENATE AMENDMENT
Bill No. CS for SB 1560
Amendment No. ___ Barcode 153700
CHAMBER ACTION
Senate House
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 120.551, Florida Statutes, is
18 created to read:
19 120.551 Internet publication pilot project.--
20 (1) On or before December 31, 2001, the Department of
21 Environmental Protection and the State Technology Office shall
22 establish and commence a pilot project to determine the
23 cost-effectiveness of publication of notices on the Internet
24 in lieu of complete publication in the Florida Administrative
25 Weekly. The pilot project shall end on July 1, 2003. Under
26 this pilot project, notwithstanding any other provision of
27 law, whenever the Department of Environmental Protection is
28 required to publish notices in the Florida Administrative
29 Weekly, the Department of Environmental Protection instead may
30 publish a summary of such notice in the Florida Administrative
31 Weekly along with the specific URL or Internet address where
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1 the complete notice required by law shall be published. The
2 Department of Environmental Protection shall publish all other
3 notices in the manner prescribed by law. Notices published on
4 the Internet under this section shall clearly state the date
5 the notice was first posted on the Internet and shall be
6 initially posted only on the same days the Florida
7 Administrative Weekly is published. Notices related to
8 rulemaking published on the Internet under this provision
9 shall be maintained on the Internet for a period of at least
10 12 months after the effective date of the rule or at least 3
11 months after the publication of a notice of withdrawal of the
12 proposed rule. All other notices published on the Internet
13 under this provision shall be maintained on the Internet for a
14 period of at least 3 months after the date first posted. A
15 searchable database or other electronic system to be
16 permanently maintained on the Internet for the purpose of
17 archiving all notices published on the Internet and allowing
18 citizens permanent electronic access to such archived records
19 shall also be established by the pilot project. No notice
20 posted on the Internet shall be removed until the searchable
21 database is implemented.
22 (2) The Department of State shall publish notice of
23 this pilot project in each weekly publication of the Florida
24 Administrative Weekly. The notice shall state: "Under a
25 temporary pilot project, in conjunction with the State
26 Technology Office, to determine the cost-effectiveness of
27 Internet publication of notices in lieu of complete
28 publication in the Florida Administrative Weekly, summaries of
29 notices of the Department of Environmental Protection are
30 being published in the Florida Administrative Weekly along
31 with a reference to the specific Internet URL or address where
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1 the complete notice required by law shall be published."
2 (3) No later than January 31, 2003, the Department of
3 Environmental Protection, the State Technology Office, and the
4 Department of State shall submit a report to the Governor, the
5 President of the Senate, and the Speaker of the House of
6 Representatives containing findings on the cost-effectiveness
7 of publication of notices on the Internet in lieu of
8 publication in the Florida Administrative Weekly, and
9 recommendations, including legislative or rule changes, for
10 modifications to the process necessary to effectuate
11 publication of notices on the Internet.
12 Section 2. Subsections (20), (21) and (22) of section
13 287.012, Florida Statutes are created to read:
14 287.012 Definitions.--The following definitions shall
15 apply in this part:
16 (20) "Invitation to negotiate" means a written
17 solicitation that calls for responses to select one or more
18 persons or business entities with which to commence
19 negotiations fo the procurement of commodities or contractual
20 services.
21 (21) "Request for a quote" means a solicitation that
22 calls for pricing information for purposes of competitively
23 selecting and procuring commodities and contractual services
24 from qualified or registered vendors.
25 (22) "Information Technology" means equipment,
26 hardware, software, firmware, programs, systems, networks,
27 infrastructure, media, and related material used to
28 automatically, electronically, and wirelessly collect,
29 receive, access, transmit, display, store, record, retrieve,
30 analyze, evaluate, process, classify, manipulate, manage,
31 assimilate, control, communicate, exchange, convert, converge,
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1 interface, switch, or disseminate information of any kind or
2 form.
3 Section 3. Paragraph (d) of subsection (2) is created;
4 Paragraphs (b) and (c) of subsection (4), paragraphs (a) and
5 (b) of subsection (5), paragraph (a) of subsection (16) and
6 subsection (17) of section 287.042, Florida Statutes are
7 amended and a new paragraph (f) of subsection (4) is created
8 to read:
9 287.042 Powers, duties, and functions.--The department
10 shall have the following powers, duties, and functions:
11 (2)(d) The terms, conditions, and specifications of a
12 request for proposal request for Quote, invitation to bid, or
13 invitation to negotiate, including any provisions governing
14 the methods for ranking proposals, awarding contracts,
15 reserving rights of further negotiation, or the modification
16 of amendment of any contract, are subject to challenge only by
17 filing a protest within 72 hours after the notice of the
18 terms, conditions, or specifications as provided in s.
19 120.57(3)(b).
20 (4)(b) Development of procedures for the releasing of
21 requests for proposals, requests for quotes, invitations to
22 bid, invitations to negotiate, and other competitive
23 acquisitions which procedures shall include, but are not
24 limited to, notice by publication in the Florida
25 Administrative Weekly, on Government Services Direct, or by
26 mail at least 10 days before the date set for submittal of
27 proposals or bids. The Office of Supplier Diversity may
28 consult with agencies regarding the development of bid
29 distribution procedures to ensure that maximum distribution is
30 afforded to certified minority business enterprises as defined
31 in s. 288.703.
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1 (c) Development of procedures for the receipt and
2 opening of bids, responses, quotes, or proposals by an agency.
3 Such procedures shall provide the Office of Supplier Diversity
4 an opportunity to monitor and ensure that the contract award
5 is consistent with the requirements of s. 287.09451 original
6 request for proposal or invitation to bid, in accordance with
7 s. 287.0945(6), and subject to the review of bid responses
8 within standard timelines.
9 (f) Development of procedures to be used by an agency
10 for issuing invitations to bid, invitations to negotiate,
11 requests for proposal, requests for quote, or other
12 competitive procurement processes.
13 (5)(a) To prescribe the methods of securing
14 competitive sealed bids, responses, quotes, and
15 proposals. Such methods may include, but are not limited to,
16 procedures for identifying vendors; setting qualifications;
17 evaluating responses, bids, and proposals; ranking respondents
18 and proposers; selecting invitees and proposers; and
19 conducting negotiations, or negotiating and awarding commodity
20 and contractual services contracts, unless otherwise provided
21 by law.
22 (5)(b) To prescribe, in consultation with the State
23 Technology Office by September 1, 1995, procedures for
24 procuring information technology and information technology
25 consultant services which provide for public announcement and
26 qualification, competitive selection, competitive negotiation,
27 contract award, and prohibition against contingent fees. Such
28 procedures shall be limited to information technology
29 consultant contracts for which the total project costs, or
30 planning or study activities, are estimated to exceed the
31 threshold amount provided for in s. 287.017, for CATEGORY TWO.
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1 (16)(a) To enter into joint agreements with
2 governmental agencies, as defined in s. 163.3164(10), for the
3 purpose of pooling funds for the purchase of commodities or,
4 information technology resources, or services that can be used
5 by multiple agencies. However, the department shall consult
6 with the State Technology Office on joint agreements that
7 involve the purchase of information technology resources.
8 Agencies entering into joint purchasing agreements with the
9 department or the State Technology Office shall authorize the
10 department or the State Technology Office to contract for such
11 purchases on their behalf.
12 (17)(a) To evaluate contracts let by the Federal
13 Government, another state, or a political subdivision for the
14 provision of commodities and contract services, and, when it
15 is determined to be cost-effective and in the best interest of
16 the state, to enter into a written agreement authorizing a
17 state agency to make purchases under a contract approved by
18 the department and let by the Federal Government, another
19 state, or a political subdivision.
20 (b) For contracts pertaining to the provision of
21 information technology, the State Technology Office, in
22 consultation with the department, shall assess the
23 technological needs of a particular agency, evaluate the
24 contracts, and determine whether to enter into a written
25 agreement with the letting federal, state, or political
26 subdivision body to provide information technology for a
27 particular agency.
28 Section 4. A new subsection (3) is created and
29 subsequent subsections are renumbered, present subsection (3)
30 and (22) are amended and subsection (23) of section 287.057,
31 Florida Statutes is created:
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1 287.057 Procurement of commodities or contractual
2 services.--
3 (3) If an agency determines that the use of an
4 invitation to bid or a request for a proposal is not
5 practical, commodities or contractual services may be procured
6 by an invitation to negotiate or provided by a request for a
7 quote.
8 (4)(3) When the purchase price of commodities or
9 contractual services exceeds the threshold amount provided in
10 s. 287.017 for CATEGORY TWO, no purchase of commodities or
11 contractual services may be made without receiving competitive
12 sealed bids, or competitive sealed proposals, or responses to
13 an invitation to negotiate or a request for a quote unless:
14 (a) The agency head determines in writing that an
15 immediate danger to the public health, safety, or welfare or
16 other substantial loss to the state requires emergency action.
17 After the agency head makes such a written determination, the
18 agency may proceed with the procurement of commodities or
19 contractual services necessitated by the immediate danger,
20 without competition. However, such emergency procurement shall
21 be made with such competition as is practicable under the
22 circumstances. The agency shall furnish copies of the written
23 determination certified under oath and any other documents
24 relating to the emergency action to the department. A copy of
25 the statement shall be furnished to the Comptroller with the
26 voucher authorizing payment. The individual purchase of
27 personal clothing, shelter, or supplies which are needed on an
28 emergency basis to avoid institutionalization or placement in
29 a more restrictive setting is an emergency for the purposes of
30 this paragraph, and the filing with the department of such
31 statement is not required in such circumstances. In the case
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1 of the emergency purchase of insurance, the period of coverage
2 of such insurance shall not exceed a period of 30 days, and
3 all such emergency purchases shall be reported to the
4 department.
5 (b) Purchasing agreements and contracts executed by
6 the department or by agencies under authority delegated by the
7 department in writing are excepted from bid requirements.
8 (c) Commodities or contractual services available only
9 from a single source may be excepted from the bid requirements
10 if it is determined that such commodities or services are
11 available only from a single source and such determination is
12 documented. However, if such contract is for an amount greater
13 than the threshold amount provided in s. 287.017 for CATEGORY
14 FOUR, the agency head shall file a certification of conditions
15 and circumstances with the department and shall obtain the
16 prior approval of the department. The failure of the
17 department to approve or disapprove the request of an agency
18 for prior approval within 21 days after receiving such request
19 or within 14 days after receiving from the agency additional
20 materials requested by the department shall constitute prior
21 approval of the department. To the greatest extent
22 practicable, but no later than 45 days after authorizing the
23 exception in writing, the department shall combine
24 single-source procurement authorizations for identical
25 information technology resources for which the purchase price
26 exceeds the threshold amount provided in s. 287.017 for
27 CATEGORY FOUR, and shall negotiate and execute volume
28 purchasing agreements for such procurements on behalf of the
29 agencies.
30 (d) When it is in the best interest of the state, the
31 Secretary of Management Services or his or her designee may
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1 authorize the Support Program to purchase insurance by
2 negotiation, but such purchase shall be made only under
3 conditions most favorable to the public interest.
4 (e) Prescriptive assistive devices for the purpose of
5 medical, developmental, or vocational rehabilitation of
6 clients are excepted from competitive sealed bid and
7 competitive sealed proposal requirements and shall be procured
8 pursuant to an established fee schedule or by any other method
9 which ensures the best price for the state, taking into
10 consideration the needs of the client. Prescriptive assistive
11 devices include, but are not limited to, prosthetics,
12 orthotics, and wheelchairs. For purchases made pursuant to
13 this paragraph, state agencies shall annually file with the
14 department a description of the purchases and methods of
15 procurement.
16 (f) The following contractual services and commodities
17 are not subject to the competitive sealed bid requirements of
18 this section:
19 1. Artistic services.
20 2. Academic program reviews.
21 3. Lectures by individuals.
22 4. Auditing services.
23 5. Legal services, including attorney, paralegal,
24 expert witness, appraisal, or mediator services.
25 6. Health services involving examination, diagnosis,
26 treatment, prevention, medical consultation, or
27 administration.
28 7. Services provided to persons with mental or
29 physical disabilities by not-for-profit corporations which
30 have obtained exemptions under the provisions of s. 501(c)(3)
31 of the United States Internal Revenue Code or when such
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1 services are governed by the provisions of Office of
2 Management and Budget Circular A-122. However, in acquiring
3 such services, the agency shall consider the ability of the
4 contractor, past performance, willingness to meet time
5 requirements, and price.
6 8. Medicaid services delivered to an eligible Medicaid
7 recipient by a health care provider who has not previously
8 applied for and received a Medicaid provider number from the
9 Agency for Health Care Administration. However, this exception
10 shall be valid for a period not to exceed 90 days after the
11 date of delivery to the Medicaid recipient and shall not be
12 renewed by the agency.
13 9. Family placement services.
14 10. Prevention services related to mental health,
15 including drug abuse prevention programs, child abuse
16 prevention programs, and shelters for runaways, operated by
17 not-for-profit corporations. However, in acquiring such
18 services, the agency shall consider the ability of the
19 contractor, past performance, willingness to meet time
20 requirements, and price.
21 11. Training and education services provided to
22 injured employees pursuant to s. 440.49(1).
23 12. Contracts entered into pursuant to s. 337.11.
24 13. Services or commodities provided by governmental
25 agencies.
26 (g) Continuing education events or programs that are
27 offered to the general public and for which fees have been
28 collected that pay all expenses associated with the event or
29 program are exempt from competitive sealed bidding.
30 (22)(a) The State Technology Office of the department
31 shall develop a program for on-line procurement of commodities
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1 and contractual services. To enable the state to promote open
2 competition and to leverage its buying power, executive state
3 agencies shall participate in the on-line procurement program,
4 and other agencies may participate in the program. Only
5 bidders prequalified as meeting mandatory requirements and
6 qualifications criteria shall be permitted to participate in
7 on-line procurement. The State Technology Office may contract
8 for equipment and services necessary to develop and implement
9 on-line procurement.
10 (b) The State Technology Office, in consultation with
11 the department, shall may adopt rules, pursuant to ss.
12 120.536(1) and 120.54, to implement the program for on-line
13 procurement. The rules shall include, but not be limited to:
14 1. Determining the requirements and qualification
15 criteria for prequalifying bidders.
16 2. Establishing the procedures for conducting on-line
17 procurement.
18 3. Establishing the criteria for eligible commodities
19 and contractual services.
20 4. Establishing the procedures for providing access to
21 on-line procurement.
22 5. Determining the criteria warranting any exceptions
23 to participation in the on-line procurement program.
24 (c) The Department of Management Services and the
25 State Technology Office may collect fees for the use of the
26 online procurement systems. The fees may be imposed on an
27 individual transaction basis or as a fixed percentage of the
28 cost savings generated. At a minimum, the fees must be set in
29 an amount sufficient to cover the projected costs of such
30 services, including administrative and project service costs
31 in accordance with the policies of the Department of
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1 Management Services and the State Technology Office. For the
2 purposes of compensating the provider, the department may
3 authorize the provider to collect and retain a portion of the
4 fees. The providers may withhold the portion retained from
5 the amount of fees to be remitted to the department. The
6 department may negotiate the retainage as a percentage of such
7 fees charged to users, as a flat amount, or as any other
8 method the department deems feasible. All fees and surcharges
9 collected under this paragraph shall be deposited in the
10 Grants and Donation Trust Fund as provided by law.
11 (23)(a) The State Technology Office shall establish,
12 in consultation with the department, state strategic
13 information technology alliances for the acquisition and use
14 of information technology and related material with
15 prequalified contractors or partners to provide the state with
16 efficient, cost-effective, and advanced information
17 technology.
18 (b) In consultation with and under contract to the
19 State Technology Office, the state strategic information
20 technology alliances shall design, develop, and deploy
21 projects providing the information technology needed to
22 collect, store, and process the state's data and information,
23 provide connectivity, and integrate and standardize computer
24 networks and information systems of the state.
25 (c) The partners in the state strategic information
26 technology alliances shall be industry leaders with
27 demonstrated experience in the public and private sectors.
28 (d) The State Technology Office, in consultation with
29 the Department of Management Services, shall adopt rules,
30 pursuant to ss. 120.536(1) and 120.54, to implement the state
31 strategic information technology alliances.
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1 Section 5. Section 287.0731, Florida Statutes, is
2 amended to read:
3 287.0731 Team for contract negotiations.--Contingent
4 upon funding in the General Appropriations Act, the Department
5 of Management Services, in consultation with the State
6 Technology Office, shall establish a permanent team for
7 contract negotiations including a chief negotiator, to
8 specialize in the procurement of information technology
9 resources.
10 Section 6. Subsections (1), (2), (6), and (8) of
11 section 288.109, Florida Statutes is amended, subsection (10)
12 is deleted and subsequent subsections are renumbered to read:
13 288.109 One-Stop Permitting System.--
14 (1) By January 1, 2001 2000, the State Technology
15 Office Department of Management Services must establish and
16 implement an Internet site for the One-Stop Permitting System.
17 The One-Stop Permitting System Internet site shall provide
18 individuals and businesses with information concerning
19 development permits; guidance on what development permits are
20 needed for particular projects; permit requirements; and who
21 may be contacted for more information concerning a particular
22 development permit for a specific location. The office
23 department shall design and construct the Internet site and
24 may competitively procure and contract for services to develop
25 the site. In designing and constructing the Internet site, the
26 office department must solicit input from potential users of
27 the site.
28 (2) The office department shall develop the One-Stop
29 Permitting System Internet site to allow an applicant to
30 complete and submit application forms for development permits
31 to agencies and counties. The Internet site must be capable of
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1 allowing an applicant to submit payment for permit fees and
2 must provide payment options. After initially establishing the
3 Internet site, the office department shall implement, in the
4 most timely manner possible, the capabilities described in
5 this subsection. The office department shall also develop a
6 protocol for adding to the One-Stop Permitting System
7 additional state agencies and counties that agree to
8 participate. The office department may competitively procure
9 and contract for services to develop such capabilities.
10 (6) The office department may add counties and
11 municipalities to the One-Stop Permitting System as such local
12 governments agree to participate and develop the technical
13 capability of joining the system.
14 (8) Section 120.60(1) shall apply to any development
15 permit or license filed under the One-Stop Permitting System,
16 except the 90-day time period for approving or denying a
17 completed application shall be 60 days. In the case of permits
18 issued by the water management districts, each completed
19 application that does not require governing board approval
20 must be approved or denied within 60 days after receipt.
21 However, completed permit applications which must be
22 considered by a water management district governing board
23 shall be approved or denied at the next regularly scheduled
24 meeting after the 60-day period has expired. The 60-day
25 period for approving or denying a complete application does
26 not apply in the case of a development permit application
27 evaluated under a federally delegated or approved permitting
28 program. However, the reviewing agency shall make a
29 good-faith effort to act on such permit applications within 60
30 days.
31 (10) Notwithstanding any other provision of law or
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1 administrative rule to the contrary, the fee imposed by a
2 state agency or water management district for issuing a
3 development permit shall be waived for a 6-month period
4 beginning on the date the state agency or water management
5 district begins accepting development permit applications over
6 the Internet and the applicant submits the development permit
7 to the agency or district using the One-Stop Permitting
8 System. The 6-month fee waiver shall not apply to development
9 permit fees assessed by the Electrical Power Plant Siting Act,
10 ss. 403.501-403.519; the Transmission Line Siting Act, ss.
11 403.52-403.5365; the statewide Multi-purpose Hazardous Waste
12 Facility Siting Act, ss. 403.78-403.7893; the Natural Gas
13 Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed
14 Rail Transportation Siting Act, ss. 341.3201-341.386.
15 Section 7. Section 288.1092, Florida Statutes, is
16 amended to read:
17 288.1092 One-Stop Permitting System Grant
18 Program.--There is created within the State Technology Office
19 Department of Management Services the One-Stop Permitting
20 System Grant Program. The purpose of the grant program is to
21 encourage counties to coordinate and integrate the development
22 of the county's permitting process with the One-Stop
23 Permitting System. The office department shall review grant
24 applications and, subject to available funds, if a county is
25 certified as a Quick Permitting County under s. 288.1093,
26 shall award a grant of up to $50,000 to provide for such
27 integration. The office department must review a grant
28 application for consistency with the purpose of the One-Stop
29 Permitting System to provide access to development permit
30 information and application forms. Grants shall be issued on a
31 first-come, first-served basis to qualified Quick Permitting
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1 Counties. The grant moneys may be used to purchase software,
2 hardware, or consulting services necessary for the county to
3 create an interface with the One-Stop Permitting System. Grant
4 moneys may not be used to pay administrative costs. The grant
5 application must specify what items or services the county
6 intends to purchase using the grant moneys, the amount of each
7 of the items or services to be purchased, and how the items or
8 services are necessary for the county to create an interface
9 with the One-Stop Permitting System.
10 Section 8. Section 288.1093, Florida Statutes, is
11 amended to read:
12 288.1093 Quick Permitting County Designation
13 Program.--
14 (1) There is established within the State Technology
15 Office Department of Management Services the Quick Permitting
16 County Designation Program. To be designated as a Quick
17 Permitting County, the chair of the board of county
18 commissioners of the applying county must certify to the
19 office Department of Management Services that the county meets
20 the criteria specified in subsection (3).
21 (2) As used in this section, the term "development
22 permitting" includes permits and approvals necessary for the
23 physical location of a business, including, but not limited
24 to:
25 (a) Wetland or environmental resource permits.
26 (b) Surface water management permits.
27 (c) Stormwater permits.
28 (d) Site plan approvals.
29 (e) Zoning and comprehensive plan amendments.
30 (f) Building permits.
31 (g) Transportation concurrency approvals.
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1 (h) Wastewater permits.
2 (3) In order to qualify for a Quick Permitting County
3 designation, a county must certify to the office department
4 that the county has implemented the following best-management
5 practices:
6 (a) The establishment of a single point of contact for
7 a business seeking assistance in obtaining a permit;
8 (b) The selection of high-priority projects for
9 accelerated permit review;
10 (c) The use of documented preapplication meetings
11 following standard procedures;
12 (d) The maintenance of an inventory of sites suitable
13 for high-priority projects;
14 (e) The development of a list of consultants who
15 conduct business in the county;
16 (f) The evaluation and elimination of duplicative
17 approval and permitting requirements within the county;
18 (g) The commitment to participate, through the entry
19 of an interlocal agreement for individual projects, in the
20 expedited permit process set forth in s. 403.973;
21 (h) The development of a timetable for processing
22 development permits and approvals; and
23 (i) The use of interagency coordination to facilitate
24 permit processing.
25 Section 9. Effective July 1, 2001, subsection (1) of
26 section 455.213, Florida Statutes, is amended, and subsection
27 (11) is added to that section, to read:
28 455.213 General licensing provisions.--
29 (1) Any person desiring to be licensed shall apply to
30 the department in writing. The application for licensure shall
31 be made on a form prepared and furnished by the department and
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1 include the applicant's social security number.
2 Notwithstanding any other provision of law, the department is
3 the sole authority for determining the contents of any
4 documents to be submitted for initial licensure and licensure
5 renewal. Such documents may contain information including, as
6 appropriate: demographics, education, work history, personal
7 background, criminal history, finances, business information,
8 complaints, inspections, investigations, discipline, bonding,
9 signature notarization, photographs, performance periods,
10 reciprocity, local government approvals, supporting
11 documentation, periodic reporting requirements, fingerprint
12 requirements, continuing education requirements, and ongoing
13 education monitoring. The application shall be supplemented as
14 needed to reflect any material change in any circumstance or
15 condition stated in the application which takes place between
16 the initial filing of the application and the final grant or
17 denial of the license and which might affect the decision of
18 the department. In order to further the economic development
19 goals of the state, and notwithstanding any law to the
20 contrary, the department may enter into an agreement with the
21 county tax collector for the purpose of appointing the county
22 tax collector as the department's agent to accept applications
23 for licenses and applications for renewals of licenses. The
24 agreement must specify the time within which the tax collector
25 must forward any applications and accompanying application
26 fees to the department. In cases where a person applies or
27 schedules directly with a national examination organization or
28 examination vendor to take an examination required for
29 licensure, any organization- or vendor-related fees associated
30 with the examination may be paid directly to the organization
31 or vendor.
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1 (11) Any submission required to be in writing may be
2 made by electronic means.
3 Section 10. Paragraph (e) of subsection (1) of section
4 61.1826, Florida Statutes, is amended to read:
5 61.1826 Procurement of services for State Disbursement
6 Unit and the non-Title IV-D component of the State Case
7 Registry; contracts and cooperative agreements; penalties;
8 withholding payment.--
9 (1) LEGISLATIVE FINDINGS.--The Legislature finds that
10 the clerks of court play a vital role, as essential
11 participants in the establishment, modification, collection,
12 and enforcement of child support, in securing the health,
13 safety, and welfare of the children of this state. The
14 Legislature further finds and declares that:
15 (e) The potential loss of substantial federal funds
16 poses a direct and immediate threat to the health, safety, and
17 welfare of the children and citizens of the state and
18 constitutes an emergency for purposes of s. 287.057(4)(3)(a).
19
20 For these reasons, the Legislature hereby directs the
21 Department of Revenue, subject to the provisions of subsection
22 (6), to contract with the Florida Association of Court Clerks
23 and each depository to perform duties with respect to the
24 operation and maintenance of a State Disbursement Unit and the
25 non-Title IV-D component of the State Case Registry as further
26 provided by this section.
27 Section 11. Subsection (1) of section 287.022, Florida
28 Statutes, is amended to read:
29 287.022 Purchase of insurance.--
30 (1) Insurance, while not a commodity, nevertheless
31 shall be purchased for all agencies by the department, except
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1 that agencies may purchase title insurance for land
2 acquisition and may make emergency purchases of insurance
3 pursuant to s. 287.057(4)(3)(a). The procedures for purchasing
4 insurance, whether the purchase is made by the department or
5 by the agencies, shall be the same as those set forth herein
6 for the purchase of commodities.
7 Section 12. Subsection (5) of section 287.058, Florida
8 Statutes, is amended to read:
9 287.058 Contract document.--
10 (5) Unless otherwise provided in the General
11 Appropriations Act or the substantive bill implementing the
12 General Appropriations Act, the Comptroller may waive the
13 requirements of this section for services which are included
14 in s. 287.057(4)(3)(f).
15 Section 13. Subsection (3) of section 394.457, Florida
16 Statutes, is amended to read:
17 394.457 Operation and administration.--
18 (3) POWER TO CONTRACT.--The department may contract to
19 provide, and be provided with, services and facilities in
20 order to carry out its responsibilities under this part with
21 the following agencies: public and private hospitals;
22 receiving and treatment facilities; clinics; laboratories;
23 departments, divisions, and other units of state government;
24 the state colleges and universities; the community colleges;
25 private colleges and universities; counties, municipalities,
26 and any other governmental unit, including facilities of the
27 United States Government; and any other public or private
28 entity which provides or needs facilities or services. Baker
29 Act funds for community inpatient, crisis stabilization,
30 short-term residential treatment, and screening services must
31 be allocated to each county pursuant to the department's
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1 funding allocation methodology. Notwithstanding the provisions
2 of s. 287.057(4)(3)(f), contracts for community-based Baker
3 Act services for inpatient, crisis stabilization, short-term
4 residential treatment, and screening provided under this part,
5 other than those with other units of government, to be
6 provided for the department must be awarded using competitive
7 sealed bids when the county commission of the county receiving
8 the services makes a request to the department's district
9 office by January 15 of the contracting year. The district
10 shall not enter into a competitively bid contract under this
11 provision if such action will result in increases of state or
12 local expenditures for Baker Act services within the district.
13 Contracts for these Baker Act services using competitive
14 sealed bids will be effective for 3 years. Services contracted
15 for by the department may be reimbursed by the state at a rate
16 up to 100 percent. The department shall adopt rules
17 establishing minimum standards for such contracted services
18 and facilities and shall make periodic audits and inspections
19 to assure that the contracted services are provided and meet
20 the standards of the department.
21 Section 14. Paragraph (a) of subsection (1) of section
22 394.47865, Florida Statutes, is amended to read:
23 394.47865 South Florida State Hospital;
24 privatization.--
25 (1) The Department of Children and Family Services
26 shall, through a request for proposals, privatize South
27 Florida State Hospital. The department shall plan to begin
28 implementation of this privatization initiative by July 1,
29 1998.
30 (a) Notwithstanding s. 287.057(13)(12), the department
31 may enter into agreements, not to exceed 20 years, with a
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1 private provider, a coalition of providers, or another agency
2 to finance, design, and construct a treatment facility having
3 up to 350 beds and to operate all aspects of daily operations
4 within the facility. The department may subcontract any or all
5 components of this procurement to a statutorily established
6 state governmental entity that has successfully contracted
7 with private companies for designing, financing, acquiring,
8 leasing, constructing, and operating major privatized state
9 facilities.
10 Section 15. Subsections (1) and (5) of section 402.73,
11 Florida Statutes, are amended to read:
12 402.73 Contracting and performance standards.--
13 (1) The Department of Children and Family Services
14 shall establish performance standards for all contracted
15 client services. Notwithstanding s. 287.057(4)(3)(f), the
16 department must competitively procure any contract for client
17 services when any of the following occurs:
18 (a) The provider fails to meet appropriate performance
19 standards established by the department after the provider has
20 been given a reasonable opportunity to achieve the established
21 standards.
22 (b) A new program or service has been authorized and
23 funded by the Legislature and the annual value of the contract
24 for such program or service is $300,000 or more.
25 (c) The department has concluded, after reviewing
26 market prices and available treatment options, that there is
27 evidence that the department can improve the performance
28 outcomes produced by its contract resources. At a minimum, the
29 department shall review market prices and available treatment
30 options biennially. The department shall compile the results
31 of the biennial review and include the results in its annual
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1 performance report to the Legislature pursuant to chapter
2 94-249, Laws of Florida. The department shall provide notice
3 and an opportunity for public comment on its review of market
4 prices and available treatment options.
5 Section 16. Paragraph (c) of subsection (5) of section
6 445.024, Florida Statutes, is amended to read:
7 445.024 Work requirements.--
8 (5) USE OF CONTRACTS.--Regional workforce boards shall
9 provide work activities, training, and other services, as
10 appropriate, through contracts. In contracting for work
11 activities, training, or services, the following applies:
12 (c) Notwithstanding the exemption from the competitive
13 sealed bid requirements provided in s. 287.057(4)(3)(f) for
14 certain contractual services, each contract awarded under this
15 chapter must be awarded on the basis of a competitive sealed
16 bid, except for a contract with a governmental entity as
17 determined by the regional workforce board.
18 Section 17. Paragraph (d) of subsection (2) of section
19 455.2177, Florida Statutes, is amended to read:
20 455.2177 Monitoring of compliance with continuing
21 education requirements.--
22 (2) If the compliance monitoring system required under
23 this section is privatized, the following provisions apply:
24 (d) Upon the failure of a vendor to meet its
25 obligations under a contract as provided in paragraph (a), the
26 department may suspend the contract and enter into an
27 emergency contract under s. 287.057(4)(3).
28 Section 18. This act shall take effect upon becoming a
29 law.
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to information technology;
8 creating s. 120.551, F.S.; directing the
9 Department of Environmental Protection and the
10 State Technology Office to establish a pilot
11 project to test the cost-effectiveness of
12 publication of notices on the Internet in lieu
13 of publication in the Florida Administrative
14 Weekly; directing the Department of State to
15 publish notice of the pilot project; requiring
16 the Department of Environmental Protection, the
17 State Technology Office, and the Department of
18 State to submit a joint report on the
19 cost-effectiveness of publication of such
20 notices on the Internet; defining the term
21 "information technology"; amending s. 287.012,
22 F.S.; defining "invitation to negotiate" and
23 "request for a quote"; amending s. 287.042,
24 F.S.; providing challenge procedure; adding
25 responses and quotes to category of items to
26 which procedures are developed; tasking
27 Department of Management Services with
28 developing procedures to be used by agencies
29 for issuing invitations and requests;
30 identifying methods for securing bids,
31 responses, Quotes and proposals revising
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1 language with respect to the Department of
2 Management Services; providing that the
3 department, in consultation with the State
4 Technology Office, shall prescribe procedures
5 for procuring information technology; directing
6 the office to assess the technological needs of
7 certain agencies; amending s. 287.057, F.S.;
8 providing for the role of the State Technology
9 Office in developing a program for on-line
10 procurement of commodities and contractual
11 services; authorizing the office to collect
12 certain fees; providing for the deposit of such
13 fees; directing the office to establish state
14 strategic information technology alliances for
15 the acquisition and use of information
16 technology; providing for the duties of such
17 alliances; providing for rules; amending 287;
18 providing for agency use of invitations to
19 negotiate; amending s. 287.0731, F.S.;
20 conforming provisions to changes made by the
21 act; amending s. 288.109, F.S.; substituting
22 State Technology Office for Department of
23 Management Services; providing for
24 establishment and maintenance of a One-Stop
25 Permitting System; amending ss. 288.1092 and
26 288.1093, F.S.; establishing the One-Stop
27 Permitting System Grant Program and the Quick
28 Permitting County Designation Program within
29 the State Technology Office; amending s.
30 455.213, F.S.; providing for the content of
31 licensure and renewal documents; providing for
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1 the electronic submission of information to the
2 department; providing that all legal
3 obligations must be met before the issuance or
4 renewal of a license; amending ss. 61.1826,
5 287.022, 287.058, 394.457, 394.47865, 402.73,
6 445.024, and 455.2177, F.S.; correcting cross
7 references; providing an effective date.
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