Senate Bill sb0876e1

CODING: Words stricken are deletions; words underlined are additions.




    CS for SB 876                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to state technology resource

  3         procurement; amending s. 287.042, F.S.;

  4         requiring the State Technology Office to assess

  5         technological needs of agencies and to evaluate

  6         contracts; amending s. 287.057, F.S.; requiring

  7         state agencies to participate in the on-line

  8         procurement program; requiring the State

  9         Technology Office to determine criteria for

10         exceptions to participation; authorizing the

11         collection of fees for use of the procurement

12         program; authorizing the creation of State

13         Strategic Information Technology Alliances;

14         amending s. 287.0731, F.S.; requiring the

15         Department of Management Services to consult

16         with the State Technology Office in the

17         establishment of a permanent team for contract

18         negotiations; creating s. 120.551, F.S.;

19         directing the Department of Environmental

20         Protection and the State Technology Office to

21         establish a pilot project to test the

22         cost-effectiveness of publication of notices on

23         the Internet in lieu of publication in the

24         Florida Administrative Weekly; directing the

25         Department of State to publish notice of the

26         pilot project; requiring the Department of

27         Environmental Protection, the State Technology

28         Office, and the Department of State to submit a

29         joint report on the cost-effectiveness of

30         publication of such notices on the Internet;

31         defining the term "information technology";


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  1         amending s. 288.109(1), F.S.; substituting

  2         State Technology Office for Department of

  3         Management Services; providing for

  4         establishment and maintenance of a One-Stop

  5         Permitting System; amending s. 455.213, F.S.;

  6         providing for the content of licensure and

  7         renewal documents; providing for the electronic

  8         submission of information to the department;

  9         providing that all legal obligations must be

10         met before the issuance or renewal of a

11         license; providing an effective date.

12

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

14

15         Section 1.  Paragraph (b) of subsection (5), paragraph

16  (a) of subsection (16), and subsection (17) of section

17  287.042, Florida Statutes, are amended to read:

18         287.042  Powers, duties, and functions.--The department

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

20         (5)

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

22  Technology Office by September 1, 1995, procedures for

23  procuring information technology as defined in s. 282.0041(7)

24  and information-technology consultant services which provide

25  for public announcement and qualification, competitive

26  selection, competitive negotiation, contract award, and

27  prohibition against contingent fees.  Such procedures shall be

28  limited to information technology consultant contracts for

29  which the total project costs, or planning or study

30  activities, are estimated to exceed the threshold amount

31  provided for in s. 287.017, for CATEGORY TWO.


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  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,

  4  information technology as defined in s. 282.0041(7) resources,

  5  or services that can be used by multiple agencies.  However,

  6  the department shall consult with the State Technology Office

  7  on joint agreements that involve the purchase of information

  8  technology resources. Agencies entering into joint purchasing

  9  agreements with the department or the State Technology Office

10  shall authorize the department or the State Technology Office

11  to contract for such 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 as defined in s. 282.0041(7), the State

22  Technology Office, in consultation with the Department of

23  Management Services, shall assess the technological needs of a

24  particular agency, evaluate the contracts, and determine

25  whether to enter into a written agreement with the letting

26  federal, state, or political subdivision body to provide

27  information technology for a particular agency.

28         Section 2.  Subsection (22) of section 287.057, Florida

29  Statutes, is amended and subsection (23) is added to that

30  section to read:

31


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  1         287.057  Procurement of commodities or contractual

  2  services.--

  3         (22)(a)  The State Technology Office in consultation

  4  with the Department of Management Services of the department

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

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

  7  competition and to leverage its buying power, state agencies

  8  shall participate in the on-line procurement program. Only

  9  bidders prequalified as meeting mandatory requirements and

10  qualifications criteria shall be permitted to participate in

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

12  for equipment and services necessary to develop and implement

13  on-line procurement.

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

15  the Department of Management Services, may adopt rules,

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

17  program for on-line procurement. The rules may shall include,

18  but need not be limited to:

19         1.  Determining the requirements and qualification

20  criteria for prequalifying bidders.

21         2.  Establishing the procedures for conducting on-line

22  procurement.

23         3.  Establishing the criteria for eligible commodities

24  and contractual services.

25         4.  Establishing the procedures for providing access to

26  on-line procurement.

27         5.  Determining the criteria warranting the exceptions

28  to participation in the on-line procurement program.

29         (c)  The State Technology Office may collect fees for

30  the use of its on-line procurement program. The fees may be

31  imposed on an individual-transaction basis or as a fixed


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  1  percentage of the cost savings generated. At a minimum, the

  2  fees must be set in an amount sufficient to cover the State

  3  Technology Office's projected costs of such services,

  4  including overhead in accordance with the policies of the

  5  State Technology Office. All fees collected under this

  6  paragraph shall be deposited in the Technology Enterprise

  7  Operating Trust Fund for disbursement as provided by law.

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

  9  in consultation with the Department of Management Services,

10  state strategic information technology alliances for the

11  acquisition and use of information technology, as defined in

12  s. 282.0041(7), and related material with prequalified

13  contractors or partners to provide the state with efficient,

14  cost-effective, and advanced information technology.

15         (b)  In consultation with, and under contract to, the

16  State Technology Office, the state strategic information

17  technology alliances shall design, develop, and deploy

18  projects that provide the information technology needed to

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

20  provide connectivity, and integrate and standardize computer

21  networks and information systems of the state.

22         (c)  The partners in the state strategic information

23  technology alliances must be industry leaders possessing

24  demonstrated experience in the public and private sectors.

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

26  the Department of Management Services, may adopt rules,

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

28  strategic information technology alliances.

29         Section 3.  Section 287.0731, Florida Statutes, is

30  amended to read:

31


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  1         287.0731  Team for contract negotiations.--Contingent

  2  upon funding in the General Appropriations Act, the Department

  3  of Management Services, in consultation with the State

  4  Technology Office, shall establish a permanent team for

  5  contract negotiations including a chief negotiator, to

  6  specialize in the procurement of information technology as

  7  defined in s. 282.0041(7) resources.

  8         Section 4.  Section 120.551, Florida Statutes, is

  9  created to read:

10         120.551  Internet publication pilot project.--

11         (1)  On or before December 31, 2001, the Department of

12  Environmental Protection and the State Technology Office shall

13  establish and commence a pilot project to determine the

14  cost-effectiveness of publication of notices on the Internet

15  in lieu of complete publication in the Florida Administrative

16  Weekly.  The pilot project shall end on July 1, 2003.  Under

17  this pilot project, notwithstanding any other provision of

18  law, whenever the Department of Environmental Protection is

19  required to publish notices in the Florida Administrative

20  Weekly, the Department of Environmental Protection instead may

21  publish a summary of such notice in the Florida Administrative

22  Weekly along with the specific URL or Internet address where

23  the complete notice required by law shall be published.  The

24  Department of Environmental Protection shall publish all other

25  notices in the manner prescribed by law.  Notices published on

26  the Internet under this section shall clearly state the date

27  the notice was first posted on the Internet and shall be

28  initially posted only on the same days the Florida

29  Administrative Weekly is published.  Notices related to

30  rulemaking published on the Internet under this provision

31  shall be maintained on the Internet for a period of at least


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  1  12 months after the effective date of the rule or at least 3

  2  months after the publication of a notice of withdrawal of the

  3  proposed rule. All other notices published on the Internet

  4  under this provision shall be maintained on the Internet for a

  5  period of at least 3 months after the date first posted.  A

  6  searchable database or other electronic system to be

  7  permanently maintained on the Internet for the purpose of

  8  archiving all notices published on the Internet and allowing

  9  citizens permanent electronic access to such archived records

10  shall also be established by the pilot project.  No notice

11  posted on the Internet shall be removed until the searchable

12  database is implemented.

13         (2)  The Department of State shall publish notice of

14  this pilot project in each weekly publication of the Florida

15  Administrative Weekly. The notice shall state:  "Under a

16  temporary pilot project, in conjunction with the State

17  Technology Office, to determine the cost-effectiveness of

18  Internet publication of notices in lieu of complete

19  publication in the Florida Administrative Weekly, summaries of

20  notices of the Department of Environmental Protection are

21  being published in the Florida Administrative Weekly along

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

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

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

25  Environmental Protection, the State Technology Office, and the

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

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

28  Representatives containing findings on the cost-effectiveness

29  of publication of notices on the Internet in lieu of

30  publication in the Florida Administrative Weekly, and

31  recommendations, including legislative or rule changes, for


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  1  modifications to the process necessary to effectuate

  2  publication of notices on the Internet.

  3         Section 5.  Subsections (1), (2), (6), and (8) of

  4  section 288.109, Florida Statutes is amended, subsection (10)

  5  is deleted and subsequent subsections are renumbered to read:

  6         288.109  One-Stop Permitting System.--

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

  8  Office Department of Management Services must establish and

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

10  The One-Stop Permitting System Internet site shall provide

11  individuals and businesses with information concerning

12  development permits; guidance on what development permits are

13  needed for particular projects; permit requirements; and who

14  may be contacted for more information concerning a particular

15  development permit for a specific location. The office

16  department shall design and construct the Internet site and

17  may competitively procure and contract for services to develop

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

19  office department must solicit input from potential users of

20  the site.

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

22  Permitting System Internet site to allow an applicant to

23  complete and submit application forms for development permits

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

25  allowing an applicant to submit payment for permit fees and

26  must provide payment options. After initially establishing the

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

28  most timely manner possible, the capabilities described in

29  this subsection. The office department shall also develop a

30  protocol for adding to the One-Stop Permitting System

31  additional state agencies and counties that agree to


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  1  participate. The office department may competitively procure

  2  and contract for services to develop such capabilities.

  3         (6)  The office department may add counties and

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

  5  governments agree to participate and develop the technical

  6  capability of joining the system.

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

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

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

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

11  issued by the water management districts, each completed

12  application that does not require governing board approval

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

14  However, completed permit applications which must be

15  considered by a water management district governing board

16  shall be approved or denied at the next regularly scheduled

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

18  period for approving or denying a complete application does

19  not apply in the case of a development permit application

20  evaluated under a federally delegated or approved permitting

21  program.  However, the reviewing agency shall make a

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

23  days.

24         (10)  Notwithstanding any other provision of law or

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

26  state agency or water management district for issuing a

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

28  beginning on the date the state agency or water management

29  district begins accepting development permit applications over

30  the Internet and the applicant submits the development permit

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


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



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

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

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

  4  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

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

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

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

  8         Section 6.  Effective July 1, 2001, subsection (1) of

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

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

11         455.213  General licensing provisions.--

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

13  the department in writing. The application for licensure shall

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

15  include the applicant's social security number.

16  Notwithstanding any other provision of law, the department is

17  the sole authority for determining the contents of any

18  documents to be submitted for initial licensure and licensure

19  renewal. Such documents may contain information including, as

20  appropriate:  demographics, education, work history, personal

21  background, criminal history, finances, business information,

22  complaints, inspections, investigations, discipline, bonding,

23  signature notarization, photographs, performance periods,

24  reciprocity, local government approvals, supporting

25  documentation, periodic reporting requirements, fingerprint

26  requirements, continuing education requirements, and ongoing

27  education monitoring. The application shall be supplemented as

28  needed to reflect any material change in any circumstance or

29  condition stated in the application which takes place between

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

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


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 876                                  First Engrossed



  1  the department. In order to further the economic development

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

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

  4  county tax collector for the purpose of appointing the county

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

  6  for licenses and applications for renewals of licenses. The

  7  agreement must specify the time within which the tax collector

  8  must forward any applications and accompanying application

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

10  schedules directly with a national examination organization or

11  examination vendor to take an examination required for

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

13  with the examination may be paid directly to the organization

14  or vendor.

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

16  made by electronic means.

17         Section 7.  This act shall take effect July 1, 2001.

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  11

CODING: Words stricken are deletions; words underlined are additions.