HB 7163

1
A bill to be entitled
2An act relating to review of the Department of Management
3Services under the Florida Government Accountability Act;
4amending s. 20.22, F.S.; revising the governance of the
5Department of Management Services; amending ss. 57.111,
6120.56, 120.569, 120.57, 552.40, 553.73, and 961.03, F.S.;
7providing for electronic filing and transmission
8procedures for certain actions, proceedings, and
9petitions; conforming provisions to changes made by the
10act; repealing s. 110.123(13), F.S., relating to creation
11and duties of the Florida State Employee Wellness Council;
12amending s. 120.54, F.S.; requiring a petitioner
13requesting an administrative hearing to include the
14petitioner's e-mail address; requiring the request for
15administrative hearing by a respondent to include the e-
16mail address of the party's counsel or qualified
17representative; creating s. 120.585, F.S.; requiring an
18attorney to use electronic means when filing a document
19with the Division of Administrative Hearings; encouraging
20a party not represented by an attorney to file documents
21whenever possible by electronic means through the
22division's website; amending s. 216.023, F.S.; requiring
23each agency head to provide an annual inventory of all
24wireless devices and expenditures containing specified
25information; creating s. 282.712, F.S.; providing
26legislative intent; providing requirements for the use of
27wireless communication devices by agency employees;
28providing requirements for the procurement of wireless
29communication devices and services by agencies; requiring
30the agency to conduct an audit of wireless communication
31device expenditures; requiring reimbursement of costs
32associated with certain personal use of wireless
33communication devices by employees; requiring the
34department to create, administer, and maintain a
35centralized fleet of state-owned motor vehicles; requiring
36the department to prepare a plan to centralize the fleet;
37requiring the department to submit the plan to the
38Governor and the Legislature by a specified date; amending
39ss. 440.192 and 440.25, F.S.; providing and revising
40procedures for filing petitions for benefits and other
41documents in workers' compensation benefits proceedings to
42provide for electronic filing and transmission under
43certain circumstances; amending ss. 440.29 and 440.45,
44F.S.; authorizing the Office of the Judges of Compensation
45Claims to adopt rules for certain purposes; providing an
46effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Subsection (1) of section 20.22, Florida
51Statutes, is amended to read:
52     20.22  Department of Management Services.-There is created
53a Department of Management Services.
54     (1)  The head of the Department of Management Services is
55the Governor and Cabinet. The executive director of the
56department Secretary of Management Services, who shall be
57appointed by the Governor with the approval of each member of
58the Cabinet and, subject to confirmation by the Senate, and
59shall serve at the pleasure of the Governor and Cabinet.
60     Section 2.  Paragraph (b) of subsection (4) of section
6157.111, Florida Statutes, is amended to read:
62     57.111  Civil actions and administrative proceedings
63initiated by state agencies; attorneys' fees and costs.-
64     (4)
65     (b)1.  To apply for an award under this section, the
66attorney for the prevailing small business party must submit an
67itemized affidavit to the court which first conducted the
68adversarial proceeding in the underlying action, or by
69electronic means through the division's website to the Division
70of Administrative Hearings, which shall assign an administrative
71law judge, in the case of a proceeding pursuant to chapter 120,
72which affidavit shall reveal the nature and extent of the
73services rendered by the attorney as well as the costs incurred
74in preparations, motions, hearings, and appeals in the
75proceeding.
76     2.  The application for an award of attorney's fees must be
77made within 60 days after the date that the small business party
78becomes a prevailing small business party.
79     Section 3.  Subsection (13) of section 110.123, Florida
80Statutes, is repealed.
81     Section 4.  Paragraph (b) of subsection (5) of section
82120.54, Florida Statutes, is amended to read:
83     120.54  Rulemaking.-
84     (5)  UNIFORM RULES.-
85     (b)  The uniform rules of procedure adopted by the
86commission pursuant to this subsection shall include, but are
87not limited to:
88     1.  Uniform rules for the scheduling of public meetings,
89hearings, and workshops.
90     2.  Uniform rules for use by each state agency that provide
91procedures for conducting public meetings, hearings, and
92workshops, and for taking evidence, testimony, and argument at
93such public meetings, hearings, and workshops, in person and by
94means of communications media technology. The rules shall
95provide that all evidence, testimony, and argument presented
96shall be afforded equal consideration, regardless of the method
97of communication. If a public meeting, hearing, or workshop is
98to be conducted by means of communications media technology, or
99if attendance may be provided by such means, the notice shall so
100state. The notice for public meetings, hearings, and workshops
101utilizing communications media technology shall state how
102persons interested in attending may do so and shall name
103locations, if any, where communications media technology
104facilities will be available. Nothing in this paragraph shall be
105construed to diminish the right to inspect public records under
106chapter 119. Limiting points of access to public meetings,
107hearings, and workshops subject to the provisions of s. 286.011
108to places not normally open to the public shall be presumed to
109violate the right of access of the public, and any official
110action taken under such circumstances is void and of no effect.
111Other laws relating to public meetings, hearings, and workshops,
112including penal and remedial provisions, shall apply to public
113meetings, hearings, and workshops conducted by means of
114communications media technology, and shall be liberally
115construed in their application to such public meetings,
116hearings, and workshops. As used in this subparagraph,
117"communications media technology" means the electronic
118transmission of printed matter, audio, full-motion video,
119freeze-frame video, compressed video, and digital video by any
120method available.
121     3.  Uniform rules of procedure for the filing of notice of
122protests and formal written protests. The Administration
123Commission may prescribe the form and substantive provisions of
124a required bond.
125     4.  Uniform rules of procedure for the filing of petitions
126for administrative hearings pursuant to s. 120.569 or s. 120.57.
127Such rules shall require the petition to include:
128     a.  The identification of the petitioner, including the
129petitioner's e-mail address, if any, for the transmittal of
130subsequent documents by electronic means.
131     b.  A statement of when and how the petitioner received
132notice of the agency's action or proposed action.
133     c.  An explanation of how the petitioner's substantial
134interests are or will be affected by the action or proposed
135action.
136     d.  A statement of all material facts disputed by the
137petitioner or a statement that there are no disputed facts.
138     e.  A statement of the ultimate facts alleged, including a
139statement of the specific facts the petitioner contends warrant
140reversal or modification of the agency's proposed action.
141     f.  A statement of the specific rules or statutes that the
142petitioner contends require reversal or modification of the
143agency's proposed action, including an explanation of how the
144alleged facts relate to the specific rules or statutes.
145     g.  A statement of the relief sought by the petitioner,
146stating precisely the action petitioner wishes the agency to
147take with respect to the proposed action.
148     5.  Uniform rules for the filing of request for
149administrative hearing by a respondent in agency enforcement and
150disciplinary actions. Such rules shall require a request to
151include:
152     a.  The name, address, e-mail address, and telephone number
153of the party making the request and the name, address, e-mail
154address, and telephone number of the party's counsel or
155qualified representative upon whom service of pleadings and
156other papers shall be made;
157     b.  A statement that the respondent is requesting an
158administrative hearing and disputes the material facts alleged
159by the petitioner, in which case the respondent shall identify
160those material facts that are in dispute, or that the respondent
161is requesting an administrative hearing and does not dispute the
162material facts alleged by the petitioner; and
163     c.  A reference by file number to the administrative
164complaint that the party has received from the agency and the
165date on which the agency pleading was received.
166
167The agency may provide an election-of-rights form for the
168respondent's use in requesting a hearing, so long as any form
169provided by the agency calls for the information in sub-
170subparagraphs a. through c. and does not impose any additional
171requirements on a respondent in order to request a hearing,
172unless such requirements are specifically authorized by law.
173     6.  Uniform rules of procedure for the filing and prompt
174disposition of petitions for declaratory statements. The rules
175shall also describe the contents of the notices that must be
176published in the Florida Administrative Weekly under s. 120.565,
177including any applicable time limit for the filing of petitions
178to intervene or petitions for administrative hearing by persons
179whose substantial interests may be affected.
180     7.  Provision of a method by which each agency head shall
181provide a description of the agency's organization and general
182course of its operations. The rules shall require that the
183statement concerning the agency's organization and operations be
184published on the agency's website.
185     8.  Uniform rules establishing procedures for granting or
186denying petitions for variances and waivers pursuant to s.
187120.542.
188     Section 5.  Paragraphs (c) and (d) of subsection (1) of
189section 120.56, Florida Statutes, are amended to read:
190     120.56  Challenges to rules.-
191     (1)  GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A
192RULE OR A PROPOSED RULE.-
193     (c)  The petition shall be filed by electronic means with
194the division, which shall, immediately upon filing, forward by
195electronic means copies to the agency whose rule is challenged,
196the Department of State, and the committee. Within 10 days after
197receiving the petition, the division director shall, if the
198petition complies with the requirements of paragraph (b), assign
199an administrative law judge who shall conduct a hearing within
20030 days thereafter, unless the petition is withdrawn or a
201continuance is granted by agreement of the parties or for good
202cause shown. Evidence of good cause includes, but is not limited
203to, written notice of an agency's decision to modify or withdraw
204the proposed rule or a written notice from the chair of the
205committee stating that the committee will consider an objection
206to the rule at its next scheduled meeting. The failure of an
207agency to follow the applicable rulemaking procedures or
208requirements set forth in this chapter shall be presumed to be
209material; however, the agency may rebut this presumption by
210showing that the substantial interests of the petitioner and the
211fairness of the proceedings have not been impaired.
212     (d)  Within 30 days after the hearing, the administrative
213law judge shall render a decision and state the reasons therefor
214in writing. The division shall forthwith transmit by electronic
215means copies of the administrative law judge's decision to the
216agency, the Department of State, and the committee.
217     Section 6.  Paragraph (a) of subsection (2) of section
218120.569, Florida Statutes, is amended to read:
219     120.569  Decisions which affect substantial interests.-
220     (2)(a)  Except for any proceeding conducted as prescribed
221in s. 120.56, a petition or request for a hearing under this
222section shall be filed with the agency. If the agency requests
223an administrative law judge from the division, it shall so
224notify the division by electronic means through the division's
225website within 15 days after receipt of the petition or request.
226A request for a hearing shall be granted or denied within 15
227days after receipt. On the request of any agency, the division
228shall assign an administrative law judge with due regard to the
229expertise required for the particular matter. The referring
230agency shall take no further action with respect to a proceeding
231under s. 120.57(1), except as a party litigant, as long as the
232division has jurisdiction over the proceeding under s.
233120.57(1). Any party may request the disqualification of the
234administrative law judge by filing an affidavit with the
235division prior to the taking of evidence at a hearing, stating
236the grounds with particularity.
237     Section 7.  Paragraph (d) of subsection (3) of section
238120.57, Florida Statutes, is amended to read:
239     120.57  Additional procedures for particular cases.-
240     (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
241CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter
242shall use the uniform rules of procedure, which provide
243procedures for the resolution of protests arising from the
244contract solicitation or award process. Such rules shall at
245least provide that:
246     (d)1.  The agency shall provide an opportunity to resolve
247the protest by mutual agreement between the parties within 7
248days, excluding Saturdays, Sundays, and state holidays, after
249receipt of a formal written protest.
250     2.  If the subject of a protest is not resolved by mutual
251agreement within 7 days, excluding Saturdays, Sundays, and state
252holidays, after receipt of the formal written protest, and if
253there is no disputed issue of material fact, an informal
254proceeding shall be conducted pursuant to subsection (2) and
255applicable agency rules before a person whose qualifications
256have been prescribed by rules of the agency.
257     3.  If the subject of a protest is not resolved by mutual
258agreement within 7 days, excluding Saturdays, Sundays, and state
259holidays, after receipt of the formal written protest, and if
260there is a disputed issue of material fact, the agency shall
261refer the protest to the division by electronic means through
262the division's website for proceedings under subsection (1).
263     Section 8.  Section 120.585, Florida Statutes, is created
264to read:
265     120.585  Electronic filing.-Any document filed with the
266division by a party represented by an attorney must be filed by
267electronic means through the division's website. Any document
268filed with the division by a party who is not represented by an
269attorney shall, whenever possible, be filed by electronic means
270through the division's website.
271     Section 9.  Subsections (6) through (9) of section 216.023,
272Florida Statutes, are renumbered as subsections (7) through
273(10), respectively, and a new subsection (6) is added to that
274section to read:
275     216.023  Legislative budget requests to be furnished to
276Legislature by agencies.-
277     (6)  As part of the legislative budget request, the head of
278each agency shall include an annual inventory of all wireless
279devices and expenditures, including the number of wireless
280devices by type, expenditures by type of device, total
281expenditures, a list of job classifications assigned a wireless
282device, and the steps taken to contain costs.
283     Section 10.  Section 282.712, Florida Statutes, is created
284to read:
285     282.712  Statewide wireless communication utilization.-
286     (1)  It is the intent of the Legislature that the
287expenditure of public funds on wireless communication devices
288shall be prohibited except as provided in this section.
289     (2)  Agencies shall limit assignment and use of cellular
290telephones, personal digital assistants, and other wireless
291communication devices to only those employees who, as part of
292their official assigned duties, routinely must:
293     (a)  Be immediately available to citizens, supervisors, or
294subordinates;
295     (b)  Be available to respond to emergency situations;
296     (c)  Be available to receive calls outside of regular
297working hours;
298     (d)  Have access to the technology in order to productively
299perform job duties in the field; or
300     (e)  Have limited or no access to a standard phone, or have
301no ability to use a personal cell phone, if needed.
302     (3)  Agencies shall procure wireless communication devices
303and services using a state term contract or Suncom services
304unless otherwise approved by the Department of Management
305Services. In seeking approval to use another procurement method,
306agencies shall provide a side-by-side comparison of costs for
307the state term contract, the mechanisms otherwise requested to
308be used by the agency, and the reasons for deviating from the
309state term contract or Suncom services. The department shall
310approve such requests only upon a finding that the cost-benefit
311analysis supports the use of another procurement method.
312     (4)  Agencies shall audit wireless communication device
313expenditures to confirm that costs are associated with business
314purposes. Any costs associated with personal use of a wireless
315communication device by an employee shall be reimbursed to the
316agency by that employee.
317     Section 11.  Centralized fleet management.-
318     (1)  The Department of Management Services is directed to
319create, administer, and maintain a centralized fleet of state-
320owned motor vehicles.
321     (2)  The department shall prepare a plan to centralize all
322state-owned motor vehicles that provides a method for:
323     (a)  Assigning and administering motor vehicles to state
324agencies and employees.
325     (b)  Managing a fleet of motor vehicles for short-term use.
326     (c)  Charging state agencies for the use of a motor
327vehicle, including costs associated with vehicle replacement and
328operating costs.
329     (d)  Purchasing motor vehicles necessary for the operation
330of the centralized fleet.
331     (e)  Repairing and maintaining motor vehicles.
332     (f)  Monitoring the use of motor vehicles and enforcing
333regulations regarding proper use.
334     (g)  Maintaining records related to the operation and
335maintenance of motor vehicles and the administration of the
336fleet.
337     (h)  Disposing of motor vehicles that are no longer
338necessary to maintain the fleet or for vehicles that are not
339used effectively as to establish motor cost savings.
340     (i)  Determining when it would be cost-efficient to lease a
341motor vehicle from a third-party vendor instead of using a
342state-owned vehicle.
343     (2)  In developing the plan, the department shall evaluate
344the costs and benefits of operating a centralized motor vehicle
345fleet compared to the costs and benefits of contracting with a
346third-party vendor for the operation of a centralized motor
347vehicle fleet.
348     (3)  By November 1, 2010, the department shall submit the
349plan to the President of the Senate, the Speaker of the House of
350Representatives, and the Governor and Cabinet.
351     Section 12.  Subsections (1) and (8) of section 440.192,
352Florida Statutes, are amended to read:
353     440.192  Procedure for resolving benefit disputes.-
354     (1)  Any employee may, for any benefit that is ripe, due,
355and owing, file by certified mail, or by electronic means
356approved by the Deputy Chief Judge, with the Office of the
357Judges of Compensation Claims a petition for benefits which
358meets the requirements of this section and the definition of
359specificity in s. 440.02. An employee represented by an attorney
360shall file by electronic means approved by the Deputy Chief
361Judge. An employee not represented by an attorney may file by
362certified mail or by electronic means approved by the Deputy
363Chief Judge. The department shall inform employees of the
364location of the Office of the Judges of Compensation Claims and
365the office's website address for purposes of filing a petition
366for benefits. The employee shall also serve copies of the
367petition for benefits by certified mail, or by electronic means
368approved by the Deputy Chief Judge, upon the employer and the
369employer's carrier. The Deputy Chief Judge shall refer the
370petitions to the judges of compensation claims.
371     (8)  Within 14 days after receipt of a petition for
372benefits by certified mail or by approved electronic means, the
373carrier must either pay the requested benefits without prejudice
374to its right to deny within 120 days from receipt of the
375petition or file a response to petition with the Office of the
376Judges of Compensation Claims. The response shall be filed by
377electronic means approved by the Deputy Chief Judge. The carrier
378must list all benefits requested but not paid and explain its
379justification for nonpayment in the response to petition. A
380carrier that does not deny compensability in accordance with s.
381440.20(4) is deemed to have accepted the employee's injuries as
382compensable, unless it can establish material facts relevant to
383the issue of compensability that could not have been discovered
384through reasonable investigation within the 120-day period. The
385carrier shall provide copies of the response to the filing
386party, employer, and claimant by certified mail or by electronic
387means approved by the Deputy Chief Judge.
388     Section 13.  Subsection (1) and paragraphs (a), (c), and
389(e) of subsection (4) of section 440.25, Florida Statutes, are
390amended to read:
391     440.25  Procedures for mediation and hearings.-
392     (1)  Forty days after a petition for benefits is filed
393under s. 440.192, the judge of compensation claims shall notify
394the interested parties by order that a mediation conference
395concerning such petition has been scheduled unless the parties
396have notified the judge of compensation claims that a private
397mediation has been held or is scheduled to be held. A mediation,
398whether private or public, shall be held within 130 days after
399the filing of the petition. Such order must give the date the
400mediation conference is to be held. Such order may be served
401personally upon the interested parties or may be sent to the
402interested parties by mail or by electronic means approved by
403the Deputy Chief Judge. If multiple petitions are pending, or if
404additional petitions are filed after the scheduling of a
405mediation, the judge of compensation claims shall consolidate
406all petitions into one mediation. The claimant or the adjuster
407of the employer or carrier may, at the mediator's discretion,
408attend the mediation conference by telephone or, if agreed to by
409the parties, other electronic means. A continuance may be
410granted upon the agreement of the parties or if the requesting
411party demonstrates to the judge of compensation claims that the
412reason for requesting the continuance arises from circumstances
413beyond the party's control. Any order granting a continuance
414must set forth the date of the rescheduled mediation conference.
415A mediation conference may not be used solely for the purpose of
416mediating attorney's fees.
417     (4)(a)  If the parties fail to agree to written submission
418of pretrial stipulations, the judge of compensation claims shall
419conduct a live pretrial hearing. The judge of compensation
420claims shall give the interested parties at least 14 days'
421advance notice of the pretrial hearing by mail or by electronic
422means approved by the Deputy Chief Judge.
423     (c)  The judge of compensation claims shall give the
424interested parties at least 14 days' advance notice of the final
425hearing, served upon the interested parties by mail or by
426electronic means approved by the Deputy Chief Judge.
427     (e)  The order making an award or rejecting the claim,
428referred to in this chapter as a "compensation order," shall set
429forth the findings of ultimate facts and the mandate; and the
430order need not include any other reason or justification for
431such mandate. The compensation order shall be filed in the
432Office of the Judges of Compensation Claims at Tallahassee. A
433copy of such compensation order shall be sent by mail or by
434electronic means approved by the Deputy Chief Judge to the
435parties and attorneys of record and any parties not represented
436by an attorney at the last known address of each, with the date
437of mailing noted thereon.
438     Section 14.  Subsection (3) of section 440.29, Florida
439Statutes, is amended to read:
440     440.29  Procedure before the judge of compensation claims.-
441     (3)  The practice and procedure before the judges of
442compensation claims shall be governed by rules adopted by the
443Office of the Judges of Compensation Claims Supreme Court,
444except to the extent that such rules conflict with the
445provisions of this chapter.
446     Section 15.  Subsection (4) of section 440.45, Florida
447Statutes, is amended to read:
448     440.45  Office of the Judges of Compensation Claims.-
449     (4)  The Office of the Judges of Compensation Claims shall
450adopt rules to effectuate effect the purposes of this section.
451Such rules shall include procedural rules applicable to workers'
452compensation claim resolution, including rules requiring
453electronic filing and service where deemed appropriate by the
454Deputy Chief Judge, and uniform criteria for measuring the
455performance of the office, including, but not limited to, the
456number of cases assigned and resolved disposed, the age of
457pending and resolved disposed cases, timeliness of decisions
458decisionmaking, extraordinary fee awards, and other data
459necessary for the judicial nominating commission to review the
460performance of judges as required in paragraph (2)(c). The
461workers' compensation rules of procedure approved by the Supreme
462Court apply until the rules adopted by the Office of the Judges
463of Compensation Claims pursuant to this section become
464effective.
465     Section 16.  Subsection (1) of section 552.40, Florida
466Statutes, is amended to read:
467     552.40  Administrative remedy for alleged damage due to the
468use of explosives in connection with construction materials
469mining activities.-
470     (1)  A person may initiate an administrative proceeding to
471recover damages resulting from the use of explosives in
472connection with construction materials mining activities by
473filing a petition with the Division of Administrative Hearings
474by electronic means through the division's website on a form
475provided by it and accompanied by a filing fee of $100 within
476180 days after the occurrence of the alleged damage. If the
477petitioner submits an affidavit stating that the petitioner's
478annual income is less than 150 percent of the applicable federal
479poverty guideline published in the Federal Register by the
480United States Department of Health and Human Services, the $100
481filing fee must be waived.
482     Section 17.  Paragraph (b) of subsection (4) of section
483553.73, Florida Statutes, is amended to read:
484     553.73  Florida Building Code.-
485     (4)
486     (b)  Local governments may, subject to the limitations of
487this section, adopt amendments to the technical provisions of
488the Florida Building Code which apply solely within the
489jurisdiction of such government and which provide for more
490stringent requirements than those specified in the Florida
491Building Code, not more than once every 6 months. A local
492government may adopt technical amendments that address local
493needs if:
494     1.  The local governing body determines, following a public
495hearing which has been advertised in a newspaper of general
496circulation at least 10 days before the hearing, that there is a
497need to strengthen the requirements of the Florida Building
498Code. The determination must be based upon a review of local
499conditions by the local governing body, which review
500demonstrates by evidence or data that the geographical
501jurisdiction governed by the local governing body exhibits a
502local need to strengthen the Florida Building Code beyond the
503needs or regional variation addressed by the Florida Building
504Code, that the local need is addressed by the proposed local
505amendment, and that the amendment is no more stringent than
506necessary to address the local need.
507     2.  Such additional requirements are not discriminatory
508against materials, products, or construction techniques of
509demonstrated capabilities.
510     3.  Such additional requirements may not introduce a new
511subject not addressed in the Florida Building Code.
512     4.  The enforcing agency shall make readily available, in a
513usable format, all amendments adopted pursuant to this section.
514     5.  Any amendment to the Florida Building Code shall be
515transmitted within 30 days by the adopting local government to
516the commission. The commission shall maintain copies of all such
517amendments in a format that is usable and obtainable by the
518public. Local technical amendments shall not become effective
519until 30 days after the amendment has been received and
520published by the commission.
521     6.  Any amendment to the Florida Building Code adopted by a
522local government pursuant to this paragraph shall be effective
523only until the adoption by the commission of the new edition of
524the Florida Building Code every third year. At such time, the
525commission shall review such amendment for consistency with the
526criteria in paragraph (8)(a) and adopt such amendment as part of
527the Florida Building Code or rescind the amendment. The
528commission shall immediately notify the respective local
529government of the rescission of any amendment. After receiving
530such notice, the respective local government may readopt the
531rescinded amendment pursuant to the provisions of this
532paragraph.
533     7.  Each county and municipality desiring to make local
534technical amendments to the Florida Building Code shall by
535interlocal agreement establish a countywide compliance review
536board to review any amendment to the Florida Building Code,
537adopted by a local government within the county pursuant to this
538paragraph, that is challenged by any substantially affected
539party for purposes of determining the amendment's compliance
540with this paragraph. If challenged, the local technical
541amendments shall not become effective until time for filing an
542appeal pursuant to subparagraph 8. has expired or, if there is
543an appeal, until the commission issues its final order
544determining the adopted amendment is in compliance with this
545subsection.
546     8.  If the compliance review board determines such
547amendment is not in compliance with this paragraph, the
548compliance review board shall notify such local government of
549the noncompliance and that the amendment is invalid and
550unenforceable until the local government corrects the amendment
551to bring it into compliance. The local government may appeal the
552decision of the compliance review board to the commission. If
553the compliance review board determines such amendment to be in
554compliance with this paragraph, any substantially affected party
555may appeal such determination to the commission. Any such appeal
556shall be filed with the commission within 14 days of the board's
557written determination. The commission shall promptly refer the
558appeal to the Division of Administrative Hearings by electronic
559means through the division's website for the assignment of an
560administrative law judge. The administrative law judge shall
561conduct the required hearing within 30 days, and shall enter a
562recommended order within 30 days of the conclusion of such
563hearing. The commission shall enter a final order within 30 days
564thereafter. The provisions of chapter 120 and the uniform rules
565of procedure shall apply to such proceedings. The local
566government adopting the amendment that is subject to challenge
567has the burden of proving that the amendment complies with this
568paragraph in proceedings before the compliance review board and
569the commission, as applicable. Actions of the commission are
570subject to judicial review pursuant to s. 120.68. The compliance
571review board shall determine whether its decisions apply to a
572respective local jurisdiction or apply countywide.
573     9.  An amendment adopted under this paragraph shall include
574a fiscal impact statement which documents the costs and benefits
575of the proposed amendment. Criteria for the fiscal impact
576statement shall include the impact to local government relative
577to enforcement, the impact to property and building owners, as
578well as to industry, relative to the cost of compliance. The
579fiscal impact statement may not be used as a basis for
580challenging the amendment for compliance.
581     10.  In addition to subparagraphs 7. and 9., the commission
582may review any amendments adopted pursuant to this subsection
583and make nonbinding recommendations related to compliance of
584such amendments with this subsection.
585     Section 18.  Paragraph (b) of subsection (4) of section
586961.03, Florida Statutes, is amended to read:
587     961.03  Determination of status as a wrongfully
588incarcerated person; determination of eligibility for
589compensation.-
590     (4)
591     (b)  If the prosecuting authority responds as set forth in
592paragraph (2)(b), and the court determines that the petitioner
593is eligible under the provisions of s. 961.04, but the
594prosecuting authority contests the nature, significance or
595effect of the evidence of actual innocence, or the facts related
596to the petitioner's alleged wrongful incarceration, the court
597shall set forth its findings and transfer the petition by
598electronic means through the division's website to the division
599for findings of fact and a recommended determination of whether
600the petitioner has established that he or she is a wrongfully
601incarcerated person who is eligible for compensation under this
602act.
603     Section 19.  This act shall take effect July 1, 2010.


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