HOUSE AMENDMENT
                                               Bill No. CS/HB 1763
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Hart offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
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 publication in the Florida Administrative Weekly.
25  The pilot project shall end on July 1, 2003. Under this pilot
26  project, notwithstanding any other provision of law, whenever
27  the Department of Environmental Protection is required to
28  publish notices in the Florida Administrative Weekly, in lieu
29  of publication in the Florida Administrative Weekly, the
30  Department of Environmental Protection shall publish such
31  notices on the Internet.  The Department of Environmental
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    File original & 9 copies    04/26/01                          
    hit0001                     09:27 am         01763-0057-375131

HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 Protection shall publish all other notices in the manner 2 prescribed by law. Notices published on the Internet under 3 this section shall clearly state the date the notice was first 4 posted on the Internet, shall be posted only on the same days 5 the Florida Administrative Weekly is published, and shall 6 comply with the form and content provisions of the Florida 7 Administrative Code. Notices related to rulemaking published 8 on the Internet under this provision shall be maintained on 9 the Internet for a period of at least 12 months after the 10 effective date of the rule or at least 3 months after the 11 publication of a notice of withdrawal of the proposed rule. 12 All other notices published on the Internet under this 13 provision shall be maintained on the Internet for a period of 14 at least 3 months after the date first posted. A searchable 15 database or other electronic system to be permanently 16 maintained on the Internet for the purpose of archiving all 17 notices published on the Internet and allowing citizens 18 permanent electronic access to such archived records shall 19 also be established by the pilot project. No notice posted on 20 the Internet shall be removed until the searchable database is 21 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 publication in the 28 Florida Administrative Weekly, notices of the Department of 29 Environmental Protection are being published on the Internet 30 at the following Internet URL or address: 31 http://www.dep.state.fl.us." 2 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 (3) No later than January 31, 2003, the Department of 2 Environmental Protection, the State Technology Office, and the 3 Department of State shall submit a report to the Governor, the 4 President of the Senate, and the Speaker of the House of 5 Representatives containing findings on the cost-effectiveness 6 of publication of notices on the Internet in lieu of 7 publication in the Florida Administrative Weekly, and 8 recommendations, including legislative or rule changes, for 9 modifications to the process necessary to effectuate 10 publication of notices on the Internet. 11 Section 2. Subsections (20), (21) and (22) of section 12 287.012, Florida Statutes are created to read: 13 287.012 Definitions.--The following definitions shall 14 apply in this part: 15 (20) "Invitation to negotiate" means a written 16 solicitation that calls for responses to select one or more 17 persons or business entities with which to commence 18 negotiations fo the procurement of commodities or contractual 19 services. 20 (21) "Request for a quote" means a solicitation that 21 calls for pricing information for purposes of competitively 22 selecting and procuring commodities and contractual services 23 from qualified or registered vendors. 24 (22) "Information Technology" means equipment, 25 hardware, software, firmware, programs, systems, networks, 26 infrastructure, media, and related material used to 27 automatically, electronically, and wirelessly collect, 28 receive, access, transmit, display, store, record, retrieve, 29 analyze, evaluate, process, classify, manipulate, manage, 30 assimilate, control, communicate, exchange, convert, converge, 31 interface, switch, or disseminate information of any kind or 3 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 form. 2 Section 3. Paragraph (d) of subsection (2) is created; 3 Paragraphs (b) and (c) of subsection (4), paragraphs (a) and 4 (b) of subsection (5), paragraph (a) of subsection (16) and 5 subsection (17) of section 287.042, Florida Statutes are 6 amended and a new paragraph (f) of subsection (4) is created 7 to read: 8 287.042 Powers, duties, and functions.--The department 9 shall have the following powers, duties, and functions: 10 (2)(d) The terms, conditions, and specifications of a 11 request for proposal request for Quote, invitation to bid, or 12 invitation to negotiate, including any provisions governing 13 the methods for ranking proposals, awarding contracts, 14 reserving rights of further negotiation, or the modification 15 of amendment of any contract, are subject to challenge only by 16 filing a protest within 72 hours after the notice of the 17 terms, conditions, or specifications as provided in s. 18 120.57(3)(b). 19 (4)(b) Development of procedures for the releasing of 20 requests for proposals, requests for quotes, invitations to 21 bid, invitations to negotiate, and other competitive 22 acquisitions which procedures shall include, but are not 23 limited to, notice by publication in the Florida 24 Administrative Weekly, on Government Services Direct, or by 25 mail at least 10 days before the date set for submittal of 26 proposals or bids. The Office of Supplier Diversity may 27 consult with agencies regarding the development of bid 28 distribution procedures to ensure that maximum distribution is 29 afforded to certified minority business enterprises as defined 30 in s. 288.703. 31 (c) Development of procedures for the receipt and 4 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 opening of bids, responses, quotes, or proposals by an agency. 2 Such procedures shall provide the Office of Supplier Diversity 3 an opportunity to monitor and ensure that the contract award 4 is consistent with the requirements of s. 287.09451 original 5 request for proposal or invitation to bid, in accordance with 6 s. 287.0945(6), and subject to the review of bid responses 7 within standard timelines. 8 (f) Development of procedures to be used by an agency 9 for issuing invitations to bid, invitations to negotiate, 10 requests for proposal, requests for quote, or other 11 competitive procurement processes. 12 (5)(a) To prescribe the methods of securing 13 competitive sealed bids, responses, quotes, and 14 proposals. Such methods may include, but are not limited to, 15 procedures for identifying vendors; setting qualifications; 16 evaluating responses, bids, and proposals; ranking respondents 17 and proposers; selecting invitees and proposers; and 18 conducting negotiations, or negotiating and awarding commodity 19 and contractual services contracts, unless otherwise provided 20 by law. 21 (5)(b) To prescribe, in consultation with the State 22 Technology Office by September 1, 1995, procedures for 23 procuring information technology and information technology 24 consultant services which provide for public announcement and 25 qualification, competitive selection, competitive negotiation, 26 contract award, and prohibition against contingent fees. Such 27 procedures shall be limited to information technology 28 consultant contracts for which the total project costs, or 29 planning or study activities, are estimated to exceed the 30 threshold amount provided for in s. 287.017, for CATEGORY TWO. 31 (16)(a) To enter into joint agreements with 5 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 governmental agencies, as defined in s. 163.3164(10), for the 2 purpose of pooling funds for the purchase of commodities or, 3 information technology resources, or services that can be used 4 by multiple agencies. However, the department shall consult 5 with the State Technology Office on joint agreements that 6 involve the purchase of information technology resources. 7 Agencies entering into joint purchasing agreements with the 8 department or the State Technology Office shall authorize the 9 department or the State Technology Office to contract for such 10 purchases on their behalf. 11 (17)(a) To evaluate contracts let by the Federal 12 Government, another state, or a political subdivision for the 13 provision of commodities and contract services, and, when it 14 is determined to be cost-effective and in the best interest of 15 the state, to enter into a written agreement authorizing a 16 state agency to make purchases under a contract approved by 17 the department and let by the Federal Government, another 18 state, or a political subdivision. 19 (b) For contracts pertaining to the provision of 20 information technology, the State Technology Office, in 21 consultation with the department, shall assess the 22 technological needs of a particular agency, evaluate the 23 contracts, and determine whether to enter into a written 24 agreement with the letting federal, state, or political 25 subdivision body to provide information technology for a 26 particular agency. 27 Section 4. A new subsection (3) is created and 28 subsequent subsections are renumbered, Section (22) is amended 29 and subsection (23) of section 287.057, Florida Statutes is 30 created: 31 287.057 Procurement of commodities or contractual 6 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 services.-- 2 (3) If an agency determines that the use of an 3 invitation to bid or a request for a proposal is not 4 practical, commodities or contractual services may be procured 5 by an invitation to negotiate or provided by a request for a 6 quote. 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. 7 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 (c) The Department of Management Services and the 2 State Technology Office may collect fees for the use of the 3 online 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 provide connectivity, and integrate and standardize computer 8 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 networks and information systems of the state. 2 (c) The partners in the state strategic information 3 technology alliances shall be industry leaders with 4 demonstrated experience in the public and private sectors. 5 (d) The State Technology Office, in consultation with 6 the Department of Management Services, shall adopt rules, 7 pursuant to ss. 120.536(1) and 120.54, to implement the state 8 strategic information technology alliances. 9 Section 5. Section 287.0731, Florida Statutes, is 10 amended to read: 11 287.0731 Team for contract negotiations.--Contingent 12 upon funding in the General Appropriations Act, the Department 13 of Management Services, in consultation with the State 14 Technology Office, shall establish a permanent team for 15 contract negotiations including a chief negotiator, to 16 specialize in the procurement of information technology 17 resources. 18 Section 6. Subsections (1), (2), (6), and (8) of 19 section 288.109, Florida Statutes is amended, subsection (10) 20 is deleted and subsequent subsections are renumbered to read: 21 288.109 One-Stop Permitting System.-- 22 (1) By January 1, 2001 2000, the State Technology 23 Office Department of Management Services must establish and 24 implement an Internet site for the One-Stop Permitting System. 25 The One-Stop Permitting System Internet site shall provide 26 individuals and businesses with information concerning 27 development permits; guidance on what development permits are 28 needed for particular projects; permit requirements; and who 29 may be contacted for more information concerning a particular 30 development permit for a specific location. The office 31 department shall design and construct the Internet site and 9 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 may competitively procure and contract for services to develop 2 the site. In designing and constructing the Internet site, the 3 office department must solicit input from potential users of 4 the site. 5 (2) The office department shall develop the One-Stop 6 Permitting System Internet site to allow an applicant to 7 complete and submit application forms for development permits 8 to agencies and counties. The Internet site must be capable of 9 allowing an applicant to submit payment for permit fees and 10 must provide payment options. After initially establishing the 11 Internet site, the office department shall implement, in the 12 most timely manner possible, the capabilities described in 13 this subsection. The office department shall also develop a 14 protocol for adding to the One-Stop Permitting System 15 additional state agencies and counties that agree to 16 participate. The office department may competitively procure 17 and contract for services to develop such capabilities. 18 (6) The office department may add counties and 19 municipalities to the One-Stop Permitting System as such local 20 governments agree to participate and develop the technical 21 capability of joining the system. 22 (8) Section 120.60(1) shall apply to any development 23 permit or license filed under the One-Stop Permitting System, 24 except the 90-day time period for approving or denying a 25 completed application shall be 60 days. In the case of permits 26 issued by the water management districts, each completed 27 application that does not require governing board approval 28 must be approved or denied within 60 days after receipt. 29 However, completed permit applications which must be 30 considered by a water management district governing board 31 shall be approved or denied at the next regularly scheduled 10 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 meeting after the 60-day period has expired. The 60-day 2 period for approving or denying a complete application does 3 not apply in the case of a development permit application 4 evaluated under a federally delegated or approved permitting 5 program. However, the reviewing agency shall make a 6 good-faith effort to act on such permit applications within 60 7 days. 8 (10) Notwithstanding any other provision of law or 9 administrative rule to the contrary, the fee imposed by a 10 state agency or water management district for issuing a 11 development permit shall be waived for a 6-month period 12 beginning on the date the state agency or water management 13 district begins accepting development permit applications over 14 the Internet and the applicant submits the development permit 15 to the agency or district using the One-Stop Permitting 16 System. The 6-month fee waiver shall not apply to development 17 permit fees assessed by the Electrical Power Plant Siting Act, 18 ss. 403.501-403.519; the Transmission Line Siting Act, ss. 19 403.52-403.5365; the statewide Multi-purpose Hazardous Waste 20 Facility Siting Act, ss. 403.78-403.7893; the Natural Gas 21 Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed 22 Rail Transportation Siting Act, ss. 341.3201-341.386. 23 Section 7. This act shall take effect July 1, 2001. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, line 2-16, 29 remove from the title of the bill: all of said lines 30 31 and insert in lieu thereof: 11 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 An act relating to information technology; creating s. 2 120.551, F.S.; directing the Department of Environmental 3 Protection and the State Technology Office to establish a 4 pilot project to test the cost-effectiveness of publication of 5 notices on the Internet in lieu of publication in the Florida 6 Administrative Weekly; directing the Department of State to 7 publish notice of the pilot project; requiring the Department 8 of Environmental Protection, the State Technology Office, and 9 the Department of State to submit a joint report on the 10 cost-effectiveness of publication of such notices on the 11 Internet; defining the term "information technology"; amending 12 s. 287.012, F.S.; defining "invitation to negotiate" and 13 "request for a quote"; amending s. 287.042, F.S.; providing 14 challenge procedure; adding responses and quotes to category 15 of items to which procedures are developed; tasking Department 16 of Management Services with developing procedures to be used 17 by agencies for issuing invitations and requests; identifying 18 methods for securing bids, responses, Quotes and proposals 19 revising language with respect to the Department of Management 20 Services; providing that the department, in consultation with 21 the State Technology Office, shall prescribe procedures for 22 procuring information technology; directing the office to 23 assess the technological needs of certain agencies; amending 24 s. 287.057, F.S.; providing for the role of the State 25 Technology Office in developing a program for on-line 26 procurement of commodities and contractual services; 27 authorizing the office to collect certain fees; providing for 28 the deposit of such fees; directing the office to establish 29 state strategic information technology alliances for the 30 acquisition and use of information technology; providing for 31 the duties of such alliances; providing for rules; amending 12 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131
HOUSE AMENDMENT Bill No. CS/HB 1763 Amendment No. 1 (for drafter's use only) 1 287; providing for agency use of invitations to negotiate; 2 amending s. 287.0731, F.S.; conforming provisions to changes 3 made by the act; amending s. 288.109(1), F.S.; substituting 4 State Technology Office for Department of Management Services; 5 providing for establishment and maintenance of a One-Stop 6 Permitting System; providing an effective date; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 13 File original & 9 copies 04/26/01 hit0001 09:27 am 01763-0057-375131