SENATE AMENDMENT
    Bill No. SB 1738
    Amendment No. ___   Barcode 345644
                            CHAMBER ACTION
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11  Senator Peaden moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
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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SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 2 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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, 3 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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. 4 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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. 5 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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: 6 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 7 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 8 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 9 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 10 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 11 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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. 12 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 13 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 14 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 15 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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. 16 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 17 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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. 18 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 19 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 20 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 21 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 22 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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. 30 31 23 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 24 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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 25 8:54 PM 05/01/01 s1738.nr01.Xa
SENATE AMENDMENT Bill No. SB 1738 Amendment No. ___ Barcode 345644 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. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 26 8:54 PM 05/01/01 s1738.nr01.Xa