Senate Bill sb1560e1

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  1                      A bill to be entitled

  2         An act relating to administrative procedures;

  3         amending s. 57.111, F.S.; increasing the

  4         limitation on attorney's fees and costs;

  5         amending s. 120.569, F.S.; revising

  6         requirements for pleadings, motions, and other

  7         papers filed under the Administrative Procedure

  8         Act; providing for sanctions; amending s.

  9         120.595, F.S.; redefining the term "improper

10         purpose" for determining an award of attorney's

11         fees; amending s. 373.114, F.S.; providing that

12         water management district orders resulting from

13         certain evidentiary hearings are not subject to

14         specified review; amending s. 403.412, F.S.;

15         revising requirements for initiating specified

16         proceedings under the Environmental Protection

17         Act; creating s. 120.551, F.S.; directing the

18         Department of Environmental Protection and the

19         State Technology Office to establish a pilot

20         project to test the cost-effectiveness of

21         publication of notices on the Internet in lieu

22         of publication in the Florida Administrative

23         Weekly; directing the Department of State to

24         publish notice of the pilot project; requiring

25         the Department of Environmental Protection, the

26         State Technology Office, and the Department of

27         State to submit a joint report on the

28         cost-effectiveness of publication of such

29         notices on the Internet; defining the term

30         "information technology"; amending s. 287.012,

31         F.S.; defining "invitation to negotiate" and


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  1         "request for a quote"; amending s. 287.042,

  2         F.S.; providing challenge procedure; adding

  3         responses and quotes to category of items to

  4         which procedures are developed; tasking

  5         Department of Management Services with

  6         developing procedures to be used by agencies

  7         for issuing invitations and requests;

  8         identifying methods for securing bids,

  9         responses, quotes and proposals revising

10         language with respect to the Department of

11         Management Services; providing that the

12         department, in consultation with the State

13         Technology Office, shall prescribe procedures

14         for procuring information technology; directing

15         the office to assess the technological needs of

16         certain agencies; amending s. 287.057, F.S.;

17         providing for the role of the State Technology

18         Office in developing a program for on-line

19         procurement of commodities and contractual

20         services; authorizing the office to collect

21         certain fees; providing for the deposit of such

22         fees; directing the office to establish state

23         strategic information technology alliances for

24         the acquisition and use of information

25         technology; providing for the duties of such

26         alliances; providing for rules; providing for

27         agency use of invitations to negotiate;

28         amending s. 287.0731, F.S.; conforming

29         provisions to changes made by the act; amending

30         s. 288.109, F.S.; substituting State Technology

31         Office for Department of Management Services;


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  1         providing for establishment and maintenance of

  2         a One-Stop Permitting System; amending ss.

  3         288.1092 and 288.1093, F.S.; establishing the

  4         One-Stop Permitting System Grant Program and

  5         the Quick Permitting County Designation Program

  6         within the State Technology Office; amending s.

  7         455.213, F.S.; providing for the content of

  8         licensure and renewal documents; providing for

  9         the electronic submission of information to the

10         department; providing that all legal

11         obligations must be met before the issuance or

12         renewal of a license; amending ss. 61.1826,

13         287.022, 287.058, 394.457, 394.47865, 402.73,

14         445.024, and 455.2177, F.S.; correcting

15         cross-references; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Paragraph (d) of subsection (4) of section

20  57.111, Florida Statutes, is amended to read:

21         57.111  Civil actions and administrative proceedings

22  initiated by state agencies; attorneys' fees and costs.--

23         (4)

24         (d)  The court, or the administrative law judge in the

25  case of a proceeding under chapter 120, shall promptly conduct

26  an evidentiary hearing on the application for an award of

27  attorney's fees and shall issue a judgment, or a final order

28  in the case of an administrative law judge.  The final order

29  of an administrative law judge is reviewable in accordance

30  with the provisions of s. 120.68.  If the court affirms the

31  award of attorney's fees and costs in whole or in part, it


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  1  may, in its discretion, award additional attorney's fees and

  2  costs for the appeal.

  3         1.  No award of attorney's fees and costs shall be made

  4  in any case in which the state agency was a nominal party.

  5         2.  No award of attorney's fees and costs for an action

  6  initiated by a state agency shall exceed $50,000 $15,000.

  7         Section 2.  Paragraph (e) of subsection (2) of section

  8  120.569, Florida Statutes, is amended to read:

  9         120.569  Decisions which affect substantial

10  interests.--

11         (2)

12         (e)1.  Every pleading, written motion, and other paper

13  filed in a proceeding must be signed by at least one attorney

14  or qualified representative of record in the attorney's or

15  qualified representative's individual name, or, if the party

16  is not represented by an attorney or qualified representative,

17  the pleading, written motion, or other paper must be signed by

18  the party. An unsigned paper shall be stricken unless omission

19  of the signature is corrected promptly after being called to

20  the attention of the attorney, qualified representative, or

21  party.

22         2.  By presenting a pleading, written motion, or other

23  paper, whether by signing, filing, submitting, or later

24  advocating, an attorney, qualified representative, or

25  unrepresented party is certifying that, to the best of the

26  person's knowledge, information, and belief, formed after an

27  inquiry reasonable under the circumstances:

28         a.  The pleading, written motion, or other paper is not

29  being presented for any improper purpose, such as to harass or

30  to cause unnecessary delay or needless increase in the cost of

31  litigation;


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  1         b.  The claims, defenses, and other legal contentions

  2  contained in the pleading, written motion, or other paper are

  3  warranted by existing law or by a nonfrivolous argument for

  4  the extension, modification, or reversal of existing law or

  5  the establishment of new law;

  6         c.  The allegations and other factual contentions have

  7  evidentiary support or, if specifically identified, are likely

  8  to have evidentiary support after a reasonable opportunity for

  9  further investigation or discovery; and

10         d.  The denials of factual contentions are warranted on

11  the evidence or, if specifically identified, are reasonably

12  based on a lack of information or belief.

13         3.  If, after notice and a reasonable opportunity to

14  respond, the presiding officer determines that subparagraph 2.

15  has been violated, the presiding officer may impose an

16  appropriate sanction against the person who signed it, the

17  represented party, or both, which may include an order to pay

18  the other party or parties the amount of reasonable expenses

19  incurred because of the filing of the pleading, motion, or

20  other paper, including reasonable attorney's fees. However:

21         a.  Monetary sanctions may not be awarded against a

22  represented party for a violation of sub-subparagraph 2.b.

23         b.  Monetary sanctions may not be awarded under this

24  paragraph based on a violation of discovery rules.

25         c.  This paragraph does not authorize the award of

26  sanctions against any person who comments on or objects to a

27  draft permit during an authorized period for public comment or

28  at a public hearing.

29         4.  Sanctions under this paragraph may be initiated at

30  any time after the initiation of a proceeding either by motion

31  or on the presiding officer's own initiative. A motion shall


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  1  describe the specific conduct alleged to violate subparagraph

  2  2. The motion shall be served upon the attorney or qualified

  3  representative of a party or an unrepresented party against

  4  whom such sanctions are sought and shall be filed with the

  5  presiding officer. However, such motion shall not be acted

  6  upon by the presiding officer or called up for hearing by the

  7  movant unless, within 14 days after service of the motion or

  8  such other period as the presiding officer may prescribe, the

  9  challenged paper, claim, defense, contention, allegation, or

10  denial is not withdrawn or appropriately corrected. A

11  presiding officer's own initiative to impose sanctions may be

12  undertaken only after entering an order describing the

13  specific conduct that appears to violate subparagraph 2. and

14  directing the attorney or qualified representative of a party

15  or the unrepresented party to show cause why subparagraph 2.

16  has not been violated. When imposing sanctions, the presiding

17  officer shall describe the conduct determined to constitute a

18  violation of subparagraph 2. and explain the basis for the

19  sanction imposed. All pleadings, motions, or other papers

20  filed in the proceeding must be signed by the party, the

21  party's attorney, or the party's qualified representative. The

22  signature constitutes a certificate that the person has read

23  the pleading, motion, or other paper and that, based upon

24  reasonable inquiry, it is not interposed for any improper

25  purposes, such as to harass or to cause unnecessary delay, or

26  for frivolous purpose or needless increase in the cost of

27  litigation. If a pleading, motion, or other paper is signed in

28  violation of these requirements, the presiding officer shall

29  impose upon the person who signed it, the represented party,

30  or both, an appropriate sanction, which may include an order

31  to pay the other party or parties the amount of reasonable


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  1  expenses incurred because of the filing of the pleading,

  2  motion, or other paper, including a reasonable attorney's fee.

  3         Section 3.  Paragraphs (c) and (e) of subsection (1) of

  4  section 120.595, Florida Statutes, are amended to read:

  5         120.595  Attorney's fees.--

  6         (1)  CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION

  7  120.57(1).--

  8         (c)  In proceedings pursuant to s. 120.57(1), and upon

  9  motion, the administrative law judge shall determine whether

10  any party participated in the proceeding for an improper

11  purpose as defined by this subsection and s. 120.569(2)(e). In

12  making such determination, the administrative law judge shall

13  consider whether the nonprevailing adverse party has

14  participated in two or more other such proceedings involving

15  the same prevailing party and the same project as an adverse

16  party and in which such two or more proceedings the

17  nonprevailing adverse party did not establish either the

18  factual or legal merits of its position, and shall consider

19  whether the factual or legal position asserted in the instant

20  proceeding would have been cognizable in the previous

21  proceedings. In such event, it shall be rebuttably presumed

22  that the nonprevailing adverse party participated in the

23  pending proceeding for an improper purpose.

24         (e)  For the purpose of this subsection:

25         1.  "Improper purpose" means participation in a

26  proceeding pursuant to s. 120.57(1) primarily to harass or to

27  cause unnecessary delay or for frivolous purpose or to

28  needlessly increase the cost of litigation, licensing, or

29  securing the approval of an activity.

30         2.  "Costs" has the same meaning as the costs allowed

31  in civil actions in this state as provided in chapter 57.


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  1         3.  "Nonprevailing adverse party" means a party that

  2  has failed to have substantially changed the outcome of the

  3  proposed or final agency action which is the subject of a

  4  proceeding. In the event that a proceeding results in any

  5  substantial modification or condition intended to resolve the

  6  matters raised in a party's petition, it shall be determined

  7  that the party having raised the issue addressed is not a

  8  nonprevailing adverse party.  The recommended order shall

  9  state whether the change is substantial for purposes of this

10  subsection. In no event shall the term "nonprevailing party"

11  or "prevailing party" be deemed to include any party that has

12  intervened in a previously existing proceeding to support the

13  position of an agency.

14         Section 4.  Subsection (1) of section 373.114, Florida

15  Statutes, is amended to read:

16         373.114  Land and Water Adjudicatory Commission; review

17  of district rules and orders; department review of district

18  rules.--

19         (1)  Except as provided in subsection (2), the Governor

20  and Cabinet, sitting as the Land and Water Adjudicatory

21  Commission, have the exclusive authority to review any order

22  or rule of a water management district, other than a rule

23  relating to an internal procedure of the district, an order

24  resulting from an evidentiary hearing held under s. 120.569 or

25  s. 120.57, or a rule that has been adopted after issuance of

26  an order resulting from an evidentiary hearing held under s.

27  120.56, to ensure consistency with the provisions and purposes

28  of this chapter. Subsequent to the legislative ratification of

29  the delineation methodology pursuant to s. 373.421(1), this

30  subsection also shall apply to an order of the department, or

31  a local government exercising delegated authority, pursuant to


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  1  ss. 373.403-373.443, except an order pertaining to activities

  2  or operations subject to conceptual plan approval pursuant to

  3  chapter 378 or an order resulting from an evidentiary hearing

  4  held under s. 120.569 or s. 120.57.

  5         (a)  Such review may be initiated by the department or

  6  by a party to the proceeding below by filing a request for

  7  review with the Land and Water Adjudicatory Commission and

  8  serving a copy on the department and on any person named in

  9  the rule or order within 20 days after adoption of the rule or

10  the rendering of the order. For the purposes of this section,

11  the term "party" means any affected person who submitted oral

12  or written testimony, sworn or unsworn, of a substantive

13  nature which stated with particularity objections to or

14  support for the rule or order that are cognizable within the

15  scope of the provisions and purposes of this chapter, or any

16  person who participated as a party in a proceeding instituted

17  pursuant to chapter 120. In order for the commission to accept

18  a request for review initiated by a party below, with regard

19  to a specific order, four members of the commission must

20  determine on the basis of the record below that the activity

21  authorized by the order would substantially affect natural

22  resources of statewide or regional significance. Review of an

23  order may also be accepted if four members of the commission

24  determine that the order raises issues of policy, statutory

25  interpretation, or rule interpretation that have regional or

26  statewide significance from the standpoint of agency

27  precedent. The party requesting the commission to review an

28  order must allege with particularity, and the commission must

29  find, that:

30         1.  The order is in conflict with statutory

31  requirements; or


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  1         2.  The order is in conflict with the requirements of a

  2  duly adopted rule.

  3         (b)  Review by the Land and Water Adjudicatory

  4  Commission is appellate in nature and shall be based solely on

  5  the record below.  If there was no evidentiary administrative

  6  proceeding below, the facts contained in the proposed agency

  7  action, including any technical staff report, shall be deemed

  8  undisputed.  The matter shall be heard by the commission not

  9  more than 60 days after receipt of the request for review,

10  unless waived by the parties.

11         (c)  If the Land and Water Adjudicatory Commission

12  determines that a rule of a water management district is not

13  consistent with the provisions and purposes of this chapter,

14  it may require the water management district to initiate

15  rulemaking proceedings to amend or repeal the rule.  If the

16  commission determines that an order is not consistent with the

17  provisions and purposes of this chapter, the commission may

18  rescind or modify the order or remand the proceeding for

19  further action consistent with the order of the Land and Water

20  Adjudicatory Commission only if the commission determines that

21  the activity authorized by the order would substantially

22  affect natural resources of statewide or regional

23  significance.  In the case of an order which does not itself

24  substantially affect natural resources of statewide or

25  regional significance, but which raises issues of policy that

26  have regional or statewide significance from the standpoint of

27  agency precedent, the commission may direct the district to

28  initiate rulemaking to amend its rules to assure that future

29  actions are consistent with the provisions and purposes of

30  this chapter without modifying the order.

31


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  1         (d)  In a review under this section of a construction

  2  permit issued pursuant to a conceptual permit under part IV,

  3  which conceptual permit is issued after July 1, 1993, a party

  4  to the review may not raise an issue which was or could have

  5  been raised in a review of the conceptual permit under this

  6  section.

  7         (e)  A request for review under this section shall not

  8  be a precondition to the seeking of judicial review pursuant

  9  to s. 120.68 or the seeking of an administrative determination

10  of rule validity pursuant to s. 120.56.

11         (f)  The Florida Land and Water Adjudicatory Commission

12  may adopt rules to set forth its procedures for reviewing an

13  order or rule of a water management district consistent with

14  the provisions of this section.

15         (g)  For the purpose of this section, it shall be

16  presumed that activity authorized by an order will not affect

17  resources of statewide or regional significance if the

18  proposed activity:

19         1.  Occupies an area less than 10 acres in size, and

20         2.  Does not create impervious surfaces greater than 2

21  acres in size, and

22         3.  Is not located within 550 feet of the shoreline of

23  a named body of water designated as Outstanding Florida

24  Waters, and

25         4.  Does not adversely affect threatened or endangered

26  species.

27

28  This paragraph shall not operate to hold that any activity

29  that exceeds these limits is presumed to affect resources of

30  statewide or regional significance.  The determination of

31  whether an activity will substantially affect resources of


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  1  statewide or regional significance shall be made on a

  2  case-by-case basis, based upon facts contained in the record

  3  below.

  4         Section 5.  Subsection (5)(a) of section 403.412,

  5  Florida Statutes, is amended to read:

  6         403.412  Environmental Protection Act.--

  7         (5)(a)  In any administrative, licensing, or other

  8  proceedings authorized by law for the protection of the air,

  9  water, or other natural resources of the state from pollution,

10  impairment, or destruction, the Department of Legal Affairs, a

11  political subdivision or municipality of the state, or a

12  citizen of the state shall have standing to intervene as a

13  party on the filing of a verified pleading asserting that the

14  activity, conduct, or product to be licensed or permitted has

15  or will have the effect of impairing, polluting, or otherwise

16  injuring the air, water, or other natural resources of the

17  state.

18         (b)  Citizen initiation of a proceeding under s.

19  120.569 or s. 120.57 shall not be authorized by paragraph (a),

20  but shall be governed by the provisions of chapter 120.

21         (c)  However, a nonprofit corporation or association

22  organized in whole or in part to promote conservation, to

23  protect the environment or other biological values, or to

24  preserve historical sites may petition to initiate a

25  proceeding under s. 120.569 or s. 120.57 with regard to an

26  agency action or a proposed agency action in any

27  administrative, licensing, or other proceedings described in

28  paragraph (a) without demonstrating that its substantial

29  interests have been or will be determined, if:

30         1.  Such corporation or association was in existence at

31  least 1 year before the filing of the application to license


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  1  or permit an activity, conduct, or product which resulted in

  2  the agency action or proposed agency action that is the

  3  subject of the petition;

  4         2.a.  Such corporation or association has an office for

  5  the transaction of its customary business or owns real

  6  property, within the same county where the activity, conduct,

  7  or product to be permitted or licensed is located, or

  8         b.  At least 25 members of the corporation or

  9  association reside or own real property within the same county

10  where the activity, conduct, or product to be permitted or

11  licensed is located; and

12         3.  Such corporation or association files a verified

13  pleading asserting that the activity, conduct, or product to

14  be licensed or permitted has or will have the effect of

15  impairing, polluting, or otherwise injuring the air, water, or

16  other natural resources of the state.

17         Section 6.  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


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  1  with a reference to the specific Internet URL or address where

  2  the complete notice required by law shall be published."

  3         (3)  No later than January 31, 2003, the Department of

  4  Environmental Protection, the State Technology Office, and the

  5  Department of State shall submit a report to the Governor, the

  6  President of the Senate, and the Speaker of the House of

  7  Representatives containing findings on the cost-effectiveness

  8  of publication of notices on the Internet in lieu of

  9  publication in the Florida Administrative Weekly, and

10  recommendations, including legislative or rule changes, for

11  modifications to the process necessary to effectuate

12  publication of notices on the Internet.

13         Section 7.  Subsections (20), (21) and (22) of section

14  287.012, Florida Statutes, are created to read:

15         287.012  Definitions.--The following definitions shall

16  apply in this part:

17         (20)  "Invitation to negotiate" means a written

18  solicitation that calls for responses to select one or more

19  persons or business entities with which to commence

20  negotiations for the procurement of commodities or contractual

21  services.

22         (21)  "Request for a quote" means a solicitation that

23  calls for pricing information for purposes of competitively

24  selecting and procuring commodities and contractual services

25  from qualified or registered vendors.

26         (22)  "Information Technology" means equipment,

27  hardware, software, firmware, programs, systems, networks,

28  infrastructure, media, and related material used to

29  automatically, electronically, and wirelessly collect,

30  receive, access, transmit, display, store, record, retrieve,

31  analyze, evaluate, process, classify, manipulate, manage,


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  1  assimilate, control, communicate, exchange, convert, converge,

  2  interface, switch, or disseminate information of any kind or

  3  form.

  4         Section 8.  Paragraph (d) of subsection (2) is created;

  5  paragraphs (b) and (c) of subsection (4), paragraphs (a) and

  6  (b) of subsection (5), paragraph (a) of subsection (16) and

  7  subsection (17) of section 287.042, Florida Statutes, are

  8  amended, and a new paragraph (f) of subsection (4) is created

  9  to read:

10         287.042  Powers, duties, and functions.--The department

11  shall have the following powers, duties, and functions:

12         (2)

13         (d)  The terms, conditions, and specifications of a

14  request for proposal, request for quote, invitation to bid, or

15  invitation to negotiate, including any provisions governing

16  the methods for ranking proposals, awarding contracts,

17  reserving rights of further negotiation, or the modification

18  of amendment of any contract, are subject to challenge only by

19  filing a protest within 72 hours after the notice of the

20  terms, conditions, or specifications as provided in s.

21  120.57(3)(b).

22         (4)

23         (b)  Development of procedures for the releasing of

24  requests for proposals, requests for quotes, invitations to

25  bid, invitations to negotiate, and other competitive

26  acquisitions which procedures shall include, but are not

27  limited to, notice by publication in the Florida

28  Administrative Weekly, on Government Services Direct, or by

29  mail at least 10 days before the date set for submittal of

30  proposals or bids. The Office of Supplier Diversity may

31  consult with agencies regarding the development of bid


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  1  distribution procedures to ensure that maximum distribution is

  2  afforded to certified minority business enterprises as defined

  3  in s. 288.703.

  4         (c)  Development of procedures for the receipt and

  5  opening of bids, responses, quotes, or proposals by an agency.

  6  Such procedures shall provide the Office of Supplier Diversity

  7  an opportunity to monitor and ensure that the contract award

  8  is consistent with the requirements of s. 287.09451 original

  9  request for proposal or invitation to bid, in accordance with

10  s. 287.0945(6), and subject to the review of bid responses

11  within standard timelines.

12         (f)  Development of procedures to be used by an agency

13  for issuing invitations to bid, invitations to negotiate,

14  requests for proposal, requests for quote, or other

15  competitive procurement processes.

16         (5)(a)  To prescribe the methods of securing

17  competitive sealed bids, responses, quotes, and

18  proposals.  Such methods may include, but are not limited to,

19  procedures for identifying vendors; setting qualifications;

20  evaluating responses, bids, and proposals; ranking respondents

21  and proposers; selecting invitees and proposers; and

22  conducting negotiations, or negotiating and awarding commodity

23  and contractual services contracts, unless otherwise provided

24  by law.

25         (b)  To prescribe, in consultation with the State

26  Technology Office by September 1, 1995, procedures for

27  procuring information technology and information technology

28  consultant services which provide for public announcement and

29  qualification, competitive selection, competitive negotiation,

30  contract award, and prohibition against contingent fees.  Such

31  procedures shall be limited to information technology


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    CS for SB 1560                                 First Engrossed



  1  consultant contracts for which the total project costs, or

  2  planning or study activities, are estimated to exceed the

  3  threshold amount provided for in s. 287.017, for CATEGORY TWO.

  4         (16)(a)  To enter into joint agreements with

  5  governmental agencies, as defined in s. 163.3164(10), for the

  6  purpose of pooling funds for the purchase of commodities or,

  7  information technology resources, or services that can be used

  8  by multiple agencies.  However, the department shall consult

  9  with the State Technology Office on joint agreements that

10  involve the purchase of information technology resources.

11  Agencies entering into joint purchasing agreements with the

12  department or the State Technology Office shall authorize the

13  department or the State Technology Office to contract for such

14  purchases on their behalf.

15         (17)(a)  To evaluate contracts let by the Federal

16  Government, another state, or a political subdivision for the

17  provision of commodities and contract services, and, when it

18  is determined to be cost-effective and in the best interest of

19  the state, to enter into a written agreement authorizing a

20  state agency to make purchases under a contract approved by

21  the department and let by the Federal Government, another

22  state, or a political subdivision.

23         (b)  For contracts pertaining to the provision of

24  information technology, the State Technology Office, in

25  consultation with the department, shall assess the

26  technological needs of a particular agency, evaluate the

27  contracts, and determine whether to enter into a written

28  agreement with the letting federal, state, or political

29  subdivision body to provide information technology for a

30  particular agency.

31


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    CS for SB 1560                                 First Engrossed



  1         Section 9.  A new subsection (3) is created and

  2  subsequent subsections are renumbered, present subsections (3)

  3  and (22) are amended and subsection (23) of section 287.057,

  4  Florida Statutes, is created:

  5          287.057  Procurement of commodities or contractual

  6  services.--

  7         (3)  If an agency determines that the use of an

  8  invitation to bid or a request for a proposal will not result

  9  in the best value to the state, based on factors, including,

10  but not limited to, price, quality, design, and workmanship,

11  the agency may procure commodities and contractual services by

12  an invitation to negotiate. An agency may procure commodities

13  and contractual services by a request for a quote from vendors

14  under contract with the department.

15         (4)(3)  When the purchase price of commodities or

16  contractual services exceeds the threshold amount provided in

17  s. 287.017 for CATEGORY TWO, no purchase of commodities or

18  contractual services may be made without receiving competitive

19  sealed bids, or competitive sealed proposals, or responses to

20  an invitation to negotiate or a request for a quote unless:

21         (a)  The agency head determines in writing that an

22  immediate danger to the public health, safety, or welfare or

23  other substantial loss to the state requires emergency action.

24  After the agency head makes such a written determination, the

25  agency may proceed with the procurement of commodities or

26  contractual services necessitated by the immediate danger,

27  without competition. However, such emergency procurement shall

28  be made with such competition as is practicable under the

29  circumstances. The agency shall furnish copies of the written

30  determination certified under oath and any other documents

31  relating to the emergency action to the department.  A copy of


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    CS for SB 1560                                 First Engrossed



  1  the statement shall be furnished to the Comptroller with the

  2  voucher authorizing payment.  The individual purchase of

  3  personal clothing, shelter, or supplies which are needed on an

  4  emergency basis to avoid institutionalization or placement in

  5  a more restrictive setting is an emergency for the purposes of

  6  this paragraph, and the filing with the department of such

  7  statement is not required in such circumstances.  In the case

  8  of the emergency purchase of insurance, the period of coverage

  9  of such insurance shall not exceed a period of 30 days, and

10  all such emergency purchases shall be reported to the

11  department.

12         (b)  Purchasing agreements and contracts executed by

13  the department or by agencies under authority delegated by the

14  department in writing are excepted from bid requirements.

15         (c)  Commodities or contractual services available only

16  from a single source may be excepted from the bid requirements

17  if it is determined that such commodities or services are

18  available only from a single source and such determination is

19  documented. However, if such contract is for an amount greater

20  than the threshold amount provided in s. 287.017 for CATEGORY

21  FOUR, the agency head shall file a certification of conditions

22  and circumstances with the department and shall obtain the

23  prior approval of the department. The failure of the

24  department to approve or disapprove the request of an agency

25  for prior approval within 21 days after receiving such request

26  or within 14 days after receiving from the agency additional

27  materials requested by the department shall constitute prior

28  approval of the department.  To the greatest extent

29  practicable, but no later than 45 days after authorizing the

30  exception in writing, the department shall combine

31  single-source procurement authorizations for identical


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    CS for SB 1560                                 First Engrossed



  1  information technology resources for which the purchase price

  2  exceeds the threshold amount provided in s. 287.017 for

  3  CATEGORY FOUR, and shall negotiate and execute volume

  4  purchasing agreements for such procurements on behalf of the

  5  agencies.

  6         (d)  When it is in the best interest of the state, the

  7  Secretary of Management Services or his or her designee may

  8  authorize the Support Program to purchase insurance by

  9  negotiation, but such purchase shall be made only under

10  conditions most favorable to the public interest.

11         (e)  Prescriptive assistive devices for the purpose of

12  medical, developmental, or vocational rehabilitation of

13  clients are excepted from competitive sealed bid and

14  competitive sealed proposal requirements and shall be procured

15  pursuant to an established fee schedule or by any other method

16  which ensures the best price for the state, taking into

17  consideration the needs of the client.  Prescriptive assistive

18  devices include, but are not limited to, prosthetics,

19  orthotics, and wheelchairs.  For purchases made pursuant to

20  this paragraph, state agencies shall annually file with the

21  department a description of the purchases and methods of

22  procurement.

23         (f)  The following contractual services and commodities

24  are not subject to the competitive sealed bid requirements of

25  this section:

26         1.  Artistic services.

27         2.  Academic program reviews.

28         3.  Lectures by individuals.

29         4.  Auditing services.

30         5.  Legal services, including attorney, paralegal,

31  expert witness, appraisal, or mediator services.


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    CS for SB 1560                                 First Engrossed



  1         6.  Health services involving examination, diagnosis,

  2  treatment, prevention, medical consultation, or

  3  administration.

  4         7.  Services provided to persons with mental or

  5  physical disabilities by not-for-profit corporations which

  6  have obtained exemptions under the provisions of s. 501(c)(3)

  7  of the United States Internal Revenue Code or when such

  8  services are governed by the provisions of Office of

  9  Management and Budget Circular A-122. However, in acquiring

10  such services, the agency shall consider the ability of the

11  contractor, past performance, willingness to meet time

12  requirements, and price.

13         8.  Medicaid services delivered to an eligible Medicaid

14  recipient by a health care provider who has not previously

15  applied for and received a Medicaid provider number from the

16  Agency for Health Care Administration. However, this exception

17  shall be valid for a period not to exceed 90 days after the

18  date of delivery to the Medicaid recipient and shall not be

19  renewed by the agency.

20         9.  Family placement services.

21         10.  Prevention services related to mental health,

22  including drug abuse prevention programs, child abuse

23  prevention programs, and shelters for runaways, operated by

24  not-for-profit corporations.  However, in acquiring such

25  services, the agency shall consider the ability of the

26  contractor, past performance, willingness to meet time

27  requirements, and price.

28         11.  Training and education services provided to

29  injured employees pursuant to s. 440.49(1).

30         12.  Contracts entered into pursuant to s. 337.11.

31


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    CS for SB 1560                                 First Engrossed



  1         13.  Services or commodities provided by governmental

  2  agencies.

  3         (g)  Continuing education events or programs that are

  4  offered to the general public and for which fees have been

  5  collected that pay all expenses associated with the event or

  6  program are exempt from competitive sealed bidding.

  7         (22)(a)  The State Technology Office of the department

  8  shall develop a program for on-line procurement of commodities

  9  and contractual services. To enable the state to promote open

10  competition and to leverage its buying power, executive state

11  agencies shall participate in the on-line procurement program,

12  and other agencies may participate in the program. Only

13  bidders prequalified as meeting mandatory requirements and

14  qualifications criteria shall be permitted to participate in

15  on-line procurement. The State Technology Office may contract

16  for equipment and services necessary to develop and implement

17  on-line procurement.

18         (b)  The State Technology Office, in consultation with

19  the department, shall may adopt rules, pursuant to ss.

20  120.536(1) and 120.54, to implement the program for on-line

21  procurement. The rules shall include, but not be limited to:

22         1.  Determining the requirements and qualification

23  criteria for prequalifying bidders.

24         2.  Establishing the procedures for conducting on-line

25  procurement.

26         3.  Establishing the criteria for eligible commodities

27  and contractual services.

28         4.  Establishing the procedures for providing access to

29  on-line procurement.

30         5.  Determining the criteria warranting any exceptions

31  to participation in the on-line procurement program.


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    CS for SB 1560                                 First Engrossed



  1         (c)  The Department of Management Services and the

  2  State Technology Office may collect fees for the use of the

  3  on-line procurement systems.  The fees may be imposed on an

  4  individual transaction basis or as a fixed percentage of the

  5  cost savings generated.  At a minimum, the fees must be set in

  6  an amount sufficient to cover the projected costs of such

  7  services, including administrative and project service costs

  8  in accordance with the policies of the Department of

  9  Management Services and the State Technology Office.  For the

10  purposes of compensating the provider, the department may

11  authorize the provider to collect and retain a portion of the

12  fees.  The providers may withhold the portion retained from

13  the amount of fees to be remitted to the department.  The

14  department may negotiate the retainage as a percentage of such

15  fees charged to users, as a flat amount, or as any other

16  method the department deems feasible.  All fees and surcharges

17  collected under this paragraph shall be deposited in the

18  Grants and Donation Trust Fund as provided by law.

19         (23)(a)  The State Technology Office shall establish,

20  in consultation with the department, state strategic

21  information technology alliances for the acquisition and use

22  of information technology and related material with

23  prequalified contractors or partners to provide the state with

24  efficient, cost-effective, and advanced information

25  technology.

26         (b)  In consultation with and under contract to the

27  State Technology Office, the state strategic information

28  technology alliances shall design, develop, and deploy

29  projects providing the information technology needed to

30  collect, store, and process the state's data and information,

31


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    CS for SB 1560                                 First Engrossed



  1  provide connectivity, and integrate and standardize computer

  2  networks and information systems of the state.

  3         (c)  The partners in the state strategic information

  4  technology alliances shall be industry leaders with

  5  demonstrated experience in the public and private sectors.

  6         (d)  The State Technology Office, in consultation with

  7  the Department of Management Services, shall adopt rules,

  8  pursuant to ss. 120.536(1) and 120.54, to implement the state

  9  strategic information technology alliances.

10         Section 10.  Section 287.0731, Florida Statutes, is

11  amended to read:

12         287.0731  Team for contract negotiations.--Contingent

13  upon funding in the General Appropriations Act, the Department

14  of Management Services, in consultation with the State

15  Technology Office, shall establish a permanent team for

16  contract negotiations including a chief negotiator, to

17  specialize in the procurement of information technology

18  resources.

19         Section 11.  Subsections (1), (2), (6), and (8) of

20  section 288.109, Florida Statutes, are amended, subsection

21  (10) is deleted and subsequent subsections are renumbered to

22  read:

23         288.109  One-Stop Permitting System.--

24         (1)  By January 1, 2001 2000, the State Technology

25  Office Department of Management Services must establish and

26  implement an Internet site for the One-Stop Permitting System.

27  The One-Stop Permitting System Internet site shall provide

28  individuals and businesses with information concerning

29  development permits; guidance on what development permits are

30  needed for particular projects; permit requirements; and who

31  may be contacted for more information concerning a particular


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    CS for SB 1560                                 First Engrossed



  1  development permit for a specific location. The office

  2  department shall design and construct the Internet site and

  3  may competitively procure and contract for services to develop

  4  the site. In designing and constructing the Internet site, the

  5  office department must solicit input from potential users of

  6  the site.

  7         (2)  The office department shall develop the One-Stop

  8  Permitting System Internet site to allow an applicant to

  9  complete and submit application forms for development permits

10  to agencies and counties. The Internet site must be capable of

11  allowing an applicant to submit payment for permit fees and

12  must provide payment options. After initially establishing the

13  Internet site, the office department shall implement, in the

14  most timely manner possible, the capabilities described in

15  this subsection. The office department shall also develop a

16  protocol for adding to the One-Stop Permitting System

17  additional state agencies and counties that agree to

18  participate. The office department may competitively procure

19  and contract for services to develop such capabilities.

20         (6)  The office department may add counties and

21  municipalities to the One-Stop Permitting System as such local

22  governments agree to participate and develop the technical

23  capability of joining the system.

24         (8)  Section 120.60(1) shall apply to any development

25  permit or license filed under the One-Stop Permitting System,

26  except the 90-day time period for approving or denying a

27  completed application shall be 60 days. In the case of permits

28  issued by the water management districts, each completed

29  application that does not require governing board approval

30  must be approved or denied within 60 days after receipt.

31  However, completed permit applications which must be


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    CS for SB 1560                                 First Engrossed



  1  considered by a water management district governing board

  2  shall be approved or denied at the next regularly scheduled

  3  meeting after the 60-day period has expired.  The 60-day

  4  period for approving or denying a complete application does

  5  not apply in the case of a development permit application

  6  evaluated under a federally delegated or approved permitting

  7  program.  However, the reviewing agency shall make a

  8  good-faith effort to act on such permit applications within 60

  9  days.

10         (10)  Notwithstanding any other provision of law or

11  administrative rule to the contrary, the fee imposed by a

12  state agency or water management district for issuing a

13  development permit shall be waived for a 6-month period

14  beginning on the date the state agency or water management

15  district begins accepting development permit applications over

16  the Internet and the applicant submits the development permit

17  to the agency or district using the One-Stop Permitting

18  System. The 6-month fee waiver shall not apply to development

19  permit fees assessed by the Electrical Power Plant Siting Act,

20  ss. 403.501-403.519; the Transmission Line Siting Act, ss.

21  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

22  Facility Siting Act, ss. 403.78-403.7893; the Natural Gas

23  Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed

24  Rail Transportation Siting Act, ss. 341.3201-341.386.

25         Section 12.  Section 288.1092, Florida Statutes, is

26  amended to read:

27         288.1092  One-Stop Permitting System Grant

28  Program.--There is created within the State Technology Office

29  Department of Management Services the One-Stop Permitting

30  System Grant Program. The purpose of the grant program is to

31  encourage counties to coordinate and integrate the development


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    CS for SB 1560                                 First Engrossed



  1  of the county's permitting process with the One-Stop

  2  Permitting System. The office department shall review grant

  3  applications and, subject to available funds, if a county is

  4  certified as a Quick Permitting County under s. 288.1093,

  5  shall award a grant of up to $50,000 to provide for such

  6  integration. The office department must review a grant

  7  application for consistency with the purpose of the One-Stop

  8  Permitting System to provide access to development permit

  9  information and application forms. Grants shall be issued on a

10  first-come, first-served basis to qualified Quick Permitting

11  Counties. The grant moneys may be used to purchase software,

12  hardware, or consulting services necessary for the county to

13  create an interface with the One-Stop Permitting System. Grant

14  moneys may not be used to pay administrative costs. The grant

15  application must specify what items or services the county

16  intends to purchase using the grant moneys, the amount of each

17  of the items or services to be purchased, and how the items or

18  services are necessary for the county to create an interface

19  with the One-Stop Permitting System.

20         Section 13.  Section 288.1093, Florida Statutes, is

21  amended to read:

22         288.1093  Quick Permitting County Designation

23  Program.--

24         (1)  There is established within the State Technology

25  Office Department of Management Services the Quick Permitting

26  County Designation Program. To be designated as a Quick

27  Permitting County, the chair of the board of county

28  commissioners of the applying county must certify to the

29  office Department of Management Services that the county meets

30  the criteria specified in subsection (3).

31


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    CS for SB 1560                                 First Engrossed



  1         (2)  As used in this section, the term "development

  2  permitting" includes permits and approvals necessary for the

  3  physical location of a business, including, but not limited

  4  to:

  5         (a)  Wetland or environmental resource permits.

  6         (b)  Surface water management permits.

  7         (c)  Stormwater permits.

  8         (d)  Site plan approvals.

  9         (e)  Zoning and comprehensive plan amendments.

10         (f)  Building permits.

11         (g)  Transportation concurrency approvals.

12         (h)  Wastewater permits.

13         (3)  In order to qualify for a Quick Permitting County

14  designation, a county must certify to the office department

15  that the county has implemented the following best-management

16  practices:

17         (a)  The establishment of a single point of contact for

18  a business seeking assistance in obtaining a permit;

19         (b)  The selection of high-priority projects for

20  accelerated permit review;

21         (c)  The use of documented preapplication meetings

22  following standard procedures;

23         (d)  The maintenance of an inventory of sites suitable

24  for high-priority projects;

25         (e)  The development of a list of consultants who

26  conduct business in the county;

27         (f)  The evaluation and elimination of duplicative

28  approval and permitting requirements within the county;

29         (g)  The commitment to participate, through the entry

30  of an interlocal agreement for individual projects, in the

31  expedited permit process set forth in s. 403.973;


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    CS for SB 1560                                 First Engrossed



  1         (h)  The development of a timetable for processing

  2  development permits and approvals; and

  3         (i)  The use of interagency coordination to facilitate

  4  permit processing.

  5         Section 14.  Effective July 1, 2001, subsection (1) of

  6  section 455.213, Florida Statutes, is amended, and subsection

  7  (11) is added to that section, to read:

  8         455.213  General licensing provisions.--

  9         (1)  Any person desiring to be licensed shall apply to

10  the department in writing. The application for licensure shall

11  be made on a form prepared and furnished by the department and

12  include the applicant's social security number.

13  Notwithstanding any other provision of law, the department is

14  the sole authority for determining the contents of any

15  documents to be submitted for initial licensure and licensure

16  renewal. Such documents may contain information including, as

17  appropriate:  demographics, education, work history, personal

18  background, criminal history, finances, business information,

19  complaints, inspections, investigations, discipline, bonding,

20  signature notarization, photographs, performance periods,

21  reciprocity, local government approvals, supporting

22  documentation, periodic reporting requirements, fingerprint

23  requirements, continuing education requirements, and ongoing

24  education monitoring. The application shall be supplemented as

25  needed to reflect any material change in any circumstance or

26  condition stated in the application which takes place between

27  the initial filing of the application and the final grant or

28  denial of the license and which might affect the decision of

29  the department. In order to further the economic development

30  goals of the state, and notwithstanding any law to the

31  contrary, the department may enter into an agreement with the


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    CS for SB 1560                                 First Engrossed



  1  county tax collector for the purpose of appointing the county

  2  tax collector as the department's agent to accept applications

  3  for licenses and applications for renewals of licenses. The

  4  agreement must specify the time within which the tax collector

  5  must forward any applications and accompanying application

  6  fees to the department. In cases where a person applies or

  7  schedules directly with a national examination organization or

  8  examination vendor to take an examination required for

  9  licensure, any organization- or vendor-related fees associated

10  with the examination may be paid directly to the organization

11  or vendor.

12         (11)  Any submission required to be in writing may be

13  made by electronic means.

14         Section 15.  Paragraph (e) of subsection (1) of section

15  61.1826, Florida Statutes, is amended to read:

16         61.1826  Procurement of services for State Disbursement

17  Unit and the non-Title IV-D component of the State Case

18  Registry; contracts and cooperative agreements; penalties;

19  withholding payment.--

20         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that

21  the clerks of court play a vital role, as essential

22  participants in the establishment, modification, collection,

23  and enforcement of child support, in securing the health,

24  safety, and welfare of the children of this state. The

25  Legislature further finds and declares that:

26         (e)  The potential loss of substantial federal funds

27  poses a direct and immediate threat to the health, safety, and

28  welfare of the children and citizens of the state and

29  constitutes an emergency for purposes of s. 287.057(4)(3)(a).

30

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    CS for SB 1560                                 First Engrossed



  1  For these reasons, the Legislature hereby directs the

  2  Department of Revenue, subject to the provisions of subsection

  3  (6), to contract with the Florida Association of Court Clerks

  4  and each depository to perform duties with respect to the

  5  operation and maintenance of a State Disbursement Unit and the

  6  non-Title IV-D component of the State Case Registry as further

  7  provided by this section.

  8         Section 16.  Subsection (1) of section 287.022, Florida

  9  Statutes, is amended to read:

10         287.022  Purchase of insurance.--

11         (1)  Insurance, while not a commodity, nevertheless

12  shall be purchased for all agencies by the department, except

13  that agencies may purchase title insurance for land

14  acquisition and may make emergency purchases of insurance

15  pursuant to s. 287.057(4)(3)(a). The procedures for purchasing

16  insurance, whether the purchase is made by the department or

17  by the agencies, shall be the same as those set forth herein

18  for the purchase of commodities.

19         Section 17.  Subsection (5) of section 287.058, Florida

20  Statutes, is amended to read:

21         287.058  Contract document.--

22         (5)  Unless otherwise provided in the General

23  Appropriations Act or the substantive bill implementing the

24  General Appropriations Act, the Comptroller may waive the

25  requirements of this section for services which are included

26  in s. 287.057(4)(3)(f).

27         Section 18.  Subsection (3) of section 394.457, Florida

28  Statutes, is amended to read:

29         394.457  Operation and administration.--

30         (3)  POWER TO CONTRACT.--The department may contract to

31  provide, and be provided with, services and facilities in


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    CS for SB 1560                                 First Engrossed



  1  order to carry out its responsibilities under this part with

  2  the following agencies: public and private hospitals;

  3  receiving and treatment facilities; clinics; laboratories;

  4  departments, divisions, and other units of state government;

  5  the state colleges and universities; the community colleges;

  6  private colleges and universities; counties, municipalities,

  7  and any other governmental unit, including facilities of the

  8  United States Government; and any other public or private

  9  entity which provides or needs facilities or services. Baker

10  Act funds for community inpatient, crisis stabilization,

11  short-term residential treatment, and screening services must

12  be allocated to each county pursuant to the department's

13  funding allocation methodology. Notwithstanding the provisions

14  of s. 287.057(4)(3)(f), contracts for community-based Baker

15  Act services for inpatient, crisis stabilization, short-term

16  residential treatment, and screening provided under this part,

17  other than those with other units of government, to be

18  provided for the department must be awarded using competitive

19  sealed bids when the county commission of the county receiving

20  the services makes a request to the department's district

21  office by January 15 of the contracting year. The district

22  shall not enter into a competitively bid contract under this

23  provision if such action will result in increases of state or

24  local expenditures for Baker Act services within the district.

25  Contracts for these Baker Act services using competitive

26  sealed bids will be effective for 3 years. Services contracted

27  for by the department may be reimbursed by the state at a rate

28  up to 100 percent.  The department shall adopt rules

29  establishing minimum standards for such contracted services

30  and facilities and shall make periodic audits and inspections

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    CS for SB 1560                                 First Engrossed



  1  to assure that the contracted services are provided and meet

  2  the standards of the department.

  3         Section 19.  Paragraph (a) of subsection (1) of section

  4  394.47865, Florida Statutes, is amended to read:

  5         394.47865  South Florida State Hospital;

  6  privatization.--

  7         (1)  The Department of Children and Family Services

  8  shall, through a request for proposals, privatize South

  9  Florida State Hospital. The department shall plan to begin

10  implementation of this privatization initiative by July 1,

11  1998.

12         (a)  Notwithstanding s. 287.057(13)(12), the department

13  may enter into agreements, not to exceed 20 years, with a

14  private provider, a coalition of providers, or another agency

15  to finance, design, and construct a treatment facility having

16  up to 350 beds and to operate all aspects of daily operations

17  within the facility. The department may subcontract any or all

18  components of this procurement to a statutorily established

19  state governmental entity that has successfully contracted

20  with private companies for designing, financing, acquiring,

21  leasing, constructing, and operating major privatized state

22  facilities.

23         Section 20.  Subsections (1) and (5) of section 402.73,

24  Florida Statutes, are amended to read:

25         402.73  Contracting and performance standards.--

26         (1)  The Department of Children and Family Services

27  shall establish performance standards for all contracted

28  client services. Notwithstanding s. 287.057(4)(3)(f), the

29  department must competitively procure any contract for client

30  services when any of the following occurs:

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    CS for SB 1560                                 First Engrossed



  1         (a)  The provider fails to meet appropriate performance

  2  standards established by the department after the provider has

  3  been given a reasonable opportunity to achieve the established

  4  standards.

  5         (b)  A new program or service has been authorized and

  6  funded by the Legislature and the annual value of the contract

  7  for such program or service is $300,000 or more.

  8         (c)  The department has concluded, after reviewing

  9  market prices and available treatment options, that there is

10  evidence that the department can improve the performance

11  outcomes produced by its contract resources. At a minimum, the

12  department shall review market prices and available treatment

13  options biennially. The department shall compile the results

14  of the biennial review and include the results in its annual

15  performance report to the Legislature pursuant to chapter

16  94-249, Laws of Florida. The department shall provide notice

17  and an opportunity for public comment on its review of market

18  prices and available treatment options.

19         Section 21.  Paragraph (c) of subsection (5) of section

20  445.024, Florida Statutes, is amended to read:

21         445.024  Work requirements.--

22         (5)  USE OF CONTRACTS.--Regional workforce boards shall

23  provide work activities, training, and other services, as

24  appropriate, through contracts. In contracting for work

25  activities, training, or services, the following applies:

26         (c)  Notwithstanding the exemption from the competitive

27  sealed bid requirements provided in s. 287.057(4)(3)(f) for

28  certain contractual services, each contract awarded under this

29  chapter must be awarded on the basis of a competitive sealed

30  bid, except for a contract with a governmental entity as

31  determined by the regional workforce board.


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    CS for SB 1560                                 First Engrossed



  1         Section 22.  Paragraph (d) of subsection (2) of section

  2  455.2177, Florida Statutes, is amended to read:

  3         455.2177  Monitoring of compliance with continuing

  4  education requirements.--

  5         (2)  If the compliance monitoring system required under

  6  this section is privatized, the following provisions apply:

  7         (d)  Upon the failure of a vendor to meet its

  8  obligations under a contract as provided in paragraph (a), the

  9  department may suspend the contract and enter into an

10  emergency contract under s. 287.057(4)(3).

11         Section 23.  This act shall take effect upon becoming a

12  law.

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