Senate Bill sb1738e1

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    SB 1738                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to information technology;

  3         creating s. 120.551, F.S.; directing the

  4         Department of Environmental Protection and the

  5         State Technology Office to establish a pilot

  6         project to test the cost-effectiveness of

  7         publication of notices on the Internet in lieu

  8         of publication in the Florida Administrative

  9         Weekly; directing the Department of State to

10         publish notice of the pilot project; requiring

11         the Department of Environmental Protection, the

12         State Technology Office, and the Department of

13         State to submit a joint report on the

14         cost-effectiveness of publication of such

15         notices on the Internet; defining the term

16         "information technology"; amending s. 287.012,

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

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

19         F.S.; providing challenge procedure; adding

20         responses and quotes to category of items to

21         which procedures are developed; tasking

22         Department of Management Services with

23         developing procedures to be used by agencies

24         for issuing invitations and requests;

25         identifying methods for securing bids,

26         responses, quotes and proposals revising

27         language with respect to the Department of

28         Management Services; providing that the

29         department, in consultation with the State

30         Technology Office, shall prescribe procedures

31         for procuring information technology; directing


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    SB 1738                                        First Engrossed



  1         the office to assess the technological needs of

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

  3         providing for the role of the State Technology

  4         Office in developing a program for on-line

  5         procurement of commodities and contractual

  6         services; authorizing the office to collect

  7         certain fees; providing for the deposit of such

  8         fees; directing the office to establish state

  9         strategic information technology alliances for

10         the acquisition and use of information

11         technology; providing for the duties of such

12         alliances; providing for rules; providing for

13         agency use of invitations to negotiate;

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

15         provisions to changes made by the act; amending

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

17         Office for Department of Management Services;

18         providing for establishment and maintenance of

19         a One-Stop Permitting System; amending ss.

20         288.1092 and 288.1093, F.S.; establishing the

21         One-Stop Permitting System Grant Program and

22         the Quick Permitting County Designation Program

23         within the State Technology Office; amending s.

24         455.213, F.S.; providing for the content of

25         licensure and renewal documents; providing for

26         the electronic submission of information to the

27         department; providing that all legal

28         obligations must be met before the issuance or

29         renewal of a license; amending ss. 61.1826,

30         287.022, 287.058, 394.457, 394.47865, 402.73,

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    SB 1738                                        First Engrossed



  1         445.024, and 455.2177, F.S.; correcting cross

  2         references; providing an effective date.

  3

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

  5

  6         Section 1.  Section 120.551, Florida Statutes, is

  7  created to read:

  8         120.551  Internet publication pilot project.--

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

10  Environmental Protection and the State Technology Office shall

11  establish and commence a pilot project to determine the

12  cost-effectiveness of publication of notices on the Internet

13  in lieu of complete publication in the Florida Administrative

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

15  this pilot project, notwithstanding any other provision of

16  law, whenever the Department of Environmental Protection is

17  required to publish notices in the Florida Administrative

18  Weekly, the Department of Environmental Protection instead may

19  publish a summary of such notice in the Florida Administrative

20  Weekly along with the specific URL or Internet address where

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

22  Department of Environmental Protection shall publish all other

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

24  the Internet under this section shall clearly state the date

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

26  initially posted only on the same days the Florida

27  Administrative Weekly is published.  Notices related to

28  rulemaking published on the Internet under this provision

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

30  12 months after the effective date of the rule or at least 3

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


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  1  proposed rule. All other notices published on the Internet

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

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

  4  searchable database or other electronic system to be

  5  permanently maintained on the Internet for the purpose of

  6  archiving all notices published on the Internet and allowing

  7  citizens permanent electronic access to such archived records

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

  9  posted on the Internet shall be removed until the searchable

10  database is implemented.

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

12  this pilot project in each weekly publication of the Florida

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

14  temporary pilot project, in conjunction with the State

15  Technology Office, to determine the cost-effectiveness of

16  Internet publication of notices in lieu of complete

17  publication in the Florida Administrative Weekly, summaries of

18  notices of the Department of Environmental Protection are

19  being published in the Florida Administrative Weekly along

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

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

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

23  Environmental Protection, the State Technology Office, and the

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

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

26  Representatives containing findings on the cost-effectiveness

27  of publication of notices on the Internet in lieu of

28  publication in the Florida Administrative Weekly, and

29  recommendations, including legislative or rule changes, for

30  modifications to the process necessary to effectuate

31  publication of notices on the Internet.


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  1         Section 2.  Subsections (20), (21) and (22) of section

  2  287.012, Florida Statutes, are created to read:

  3         287.012  Definitions.--The following definitions shall

  4  apply in this part:

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

  6  solicitation that calls for responses to select one or more

  7  persons or business entities with which to commence

  8  negotiations for the procurement of commodities or contractual

  9  services.

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

11  calls for pricing information for purposes of competitively

12  selecting and procuring commodities and contractual services

13  from qualified or registered vendors.

14         (22)  "Information Technology" means equipment,

15  hardware, software, firmware, programs, systems, networks,

16  infrastructure, media, and related material used to

17  automatically, electronically, and wirelessly collect,

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

19  analyze, evaluate, process, classify, manipulate, manage,

20  assimilate, control, communicate, exchange, convert, converge,

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

22  form.

23         Section 3.  Paragraph (d) of subsection (2) is created;

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

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

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

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

28  to read:

29         287.042  Powers, duties, and functions.--The department

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

31         (2)


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

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

  3  invitation to negotiate, including any provisions governing

  4  the methods for ranking proposals, awarding contracts,

  5  reserving rights of further negotiation, or the modification

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

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

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

  9  120.57(3)(b).

10         (4)

11         (b)  Development of procedures for the releasing of

12  requests for proposals, requests for quotes, invitations to

13  bid, invitations to negotiate, and other competitive

14  acquisitions which procedures shall include, but are not

15  limited to, notice by publication in the Florida

16  Administrative Weekly, on Government Services Direct, or by

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

18  proposals or bids. The Office of Supplier Diversity may

19  consult with agencies regarding the development of bid

20  distribution procedures to ensure that maximum distribution is

21  afforded to certified minority business enterprises as defined

22  in s. 288.703.

23         (c)  Development of procedures for the receipt and

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

25  Such procedures shall provide the Office of Supplier Diversity

26  an opportunity to monitor and ensure that the contract award

27  is consistent with the requirements of s. 287.09451 original

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

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

30  within standard timelines.

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

  2  for issuing invitations to bid, invitations to negotiate,

  3  requests for proposal, requests for quote, or other

  4  competitive procurement processes.

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

  6  competitive sealed bids, responses, quotes, and

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

  8  procedures for identifying vendors; setting qualifications;

  9  evaluating responses, bids, and proposals; ranking respondents

10  and proposers; selecting invitees and proposers; and

11  conducting negotiations, or negotiating and awarding commodity

12  and contractual services contracts, unless otherwise provided

13  by law.

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

15  Technology Office by September 1, 1995, procedures for

16  procuring information technology and information technology

17  consultant services which provide for public announcement and

18  qualification, competitive selection, competitive negotiation,

19  contract award, and prohibition against contingent fees.  Such

20  procedures shall be limited to information technology

21  consultant contracts for which the total project costs, or

22  planning or study activities, are estimated to exceed the

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

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

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

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

27  information technology resources, or services that can be used

28  by multiple agencies.  However, the department shall consult

29  with the State Technology Office on joint agreements that

30  involve the purchase of information technology resources.

31  Agencies entering into joint purchasing agreements with the


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  1  department or the State Technology Office shall authorize the

  2  department or the State Technology Office to contract for such

  3  purchases on their behalf.

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

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

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

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

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

  9  state agency to make purchases under a contract approved by

10  the department and let by the Federal Government, another

11  state, or a political subdivision.

12         (b)  For contracts pertaining to the provision of

13  information technology, the State Technology Office, in

14  consultation with the department, shall assess the

15  technological needs of a particular agency, evaluate the

16  contracts, and determine whether to enter into a written

17  agreement with the letting federal, state, or political

18  subdivision body to provide information technology for a

19  particular agency.

20         Section 4.  A new subsection (3) is created and

21  subsequent subsections are renumbered, present subsections (3)

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

23  Florida Statutes, is created:

24         287.057  Procurement of commodities or contractual

25  services.--

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

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

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

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

30  the agency may procure commodities and contractual services by

31  an invitation to negotiate. An agency may procure commodities


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

  2  under contract with the department.

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

  4  contractual services exceeds the threshold amount provided in

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

  6  contractual services may be made without receiving competitive

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

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

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

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

11  other substantial loss to the state requires emergency action.

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

13  agency may proceed with the procurement of commodities or

14  contractual services necessitated by the immediate danger,

15  without competition. However, such emergency procurement shall

16  be made with such competition as is practicable under the

17  circumstances. The agency shall furnish copies of the written

18  determination certified under oath and any other documents

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

20  the statement shall be furnished to the Comptroller with the

21  voucher authorizing payment.  The individual purchase of

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

23  emergency basis to avoid institutionalization or placement in

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

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

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

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

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

29  all such emergency purchases shall be reported to the

30  department.

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  1         (b)  Purchasing agreements and contracts executed by

  2  the department or by agencies under authority delegated by the

  3  department in writing are excepted from bid requirements.

  4         (c)  Commodities or contractual services available only

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

  6  if it is determined that such commodities or services are

  7  available only from a single source and such determination is

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

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

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

11  and circumstances with the department and shall obtain the

12  prior approval of the department. The failure of the

13  department to approve or disapprove the request of an agency

14  for prior approval within 21 days after receiving such request

15  or within 14 days after receiving from the agency additional

16  materials requested by the department shall constitute prior

17  approval of the department.  To the greatest extent

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

19  exception in writing, the department shall combine

20  single-source procurement authorizations for identical

21  information technology resources for which the purchase price

22  exceeds the threshold amount provided in s. 287.017 for

23  CATEGORY FOUR, and shall negotiate and execute volume

24  purchasing agreements for such procurements on behalf of the

25  agencies.

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

27  Secretary of Management Services or his or her designee may

28  authorize the Support Program to purchase insurance by

29  negotiation, but such purchase shall be made only under

30  conditions most favorable to the public interest.

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  1         (e)  Prescriptive assistive devices for the purpose of

  2  medical, developmental, or vocational rehabilitation of

  3  clients are excepted from competitive sealed bid and

  4  competitive sealed proposal requirements and shall be procured

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

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

  7  consideration the needs of the client.  Prescriptive assistive

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

  9  orthotics, and wheelchairs.  For purchases made pursuant to

10  this paragraph, state agencies shall annually file with the

11  department a description of the purchases and methods of

12  procurement.

13         (f)  The following contractual services and commodities

14  are not subject to the competitive sealed bid requirements of

15  this section:

16         1.  Artistic services.

17         2.  Academic program reviews.

18         3.  Lectures by individuals.

19         4.  Auditing services.

20         5.  Legal services, including attorney, paralegal,

21  expert witness, appraisal, or mediator services.

22         6.  Health services involving examination, diagnosis,

23  treatment, prevention, medical consultation, or

24  administration.

25         7.  Services provided to persons with mental or

26  physical disabilities by not-for-profit corporations which

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

28  of the United States Internal Revenue Code or when such

29  services are governed by the provisions of Office of

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

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


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  1  contractor, past performance, willingness to meet time

  2  requirements, and price.

  3         8.  Medicaid services delivered to an eligible Medicaid

  4  recipient by a health care provider who has not previously

  5  applied for and received a Medicaid provider number from the

  6  Agency for Health Care Administration. However, this exception

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

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

  9  renewed by the agency.

10         9.  Family placement services.

11         10.  Prevention services related to mental health,

12  including drug abuse prevention programs, child abuse

13  prevention programs, and shelters for runaways, operated by

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

15  services, the agency shall consider the ability of the

16  contractor, past performance, willingness to meet time

17  requirements, and price.

18         11.  Training and education services provided to

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

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

21         13.  Services or commodities provided by governmental

22  agencies.

23         (g)  Continuing education events or programs that are

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

25  collected that pay all expenses associated with the event or

26  program are exempt from competitive sealed bidding.

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

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

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

30  competition and to leverage its buying power, executive state

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


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  1  and other agencies may participate in the program. Only

  2  bidders prequalified as meeting mandatory requirements and

  3  qualifications criteria shall be permitted to participate in

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

  5  for equipment and services necessary to develop and implement

  6  on-line procurement.

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

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

  9  120.536(1) and 120.54, to implement the program for on-line

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

11         1.  Determining the requirements and qualification

12  criteria for prequalifying bidders.

13         2.  Establishing the procedures for conducting on-line

14  procurement.

15         3.  Establishing the criteria for eligible commodities

16  and contractual services.

17         4.  Establishing the procedures for providing access to

18  on-line procurement.

19         5.  Determining the criteria warranting any exceptions

20  to participation in the on-line procurement program.

21         (c)  The Department of Management Services and the

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

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

24  individual transaction basis or as a fixed percentage of the

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

26  an amount sufficient to cover the projected costs of such

27  services, including administrative and project service costs

28  in accordance with the policies of the Department of

29  Management Services and the State Technology Office.  For the

30  purposes of compensating the provider, the department may

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


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  1  fees.  The providers may withhold the portion retained from

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

  3  department may negotiate the retainage as a percentage of such

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

  5  method the department deems feasible.  All fees and surcharges

  6  collected under this paragraph shall be deposited in the

  7  Grants and Donation Trust Fund as provided by law.

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

  9  in consultation with the department, state strategic

10  information technology alliances for the acquisition and use

11  of information technology and related material with

12  prequalified contractors or partners to provide the state with

13  efficient, cost-effective, and advanced information

14  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 providing 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 shall be industry leaders with

24  demonstrated experience in the public and private sectors.

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

26  the Department of Management Services, shall adopt rules,

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

28  strategic information technology alliances.

29         Section 5.  Section 287.0731, Florida Statutes, is

30  amended to read:

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  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

  7  resources.

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

  9  section 288.109, Florida Statutes, are amended, subsection

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

11  read:

12         288.109  One-Stop Permitting System.--

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

14  Office Department of Management Services must establish and

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

16  The One-Stop Permitting System Internet site shall provide

17  individuals and businesses with information concerning

18  development permits; guidance on what development permits are

19  needed for particular projects; permit requirements; and who

20  may be contacted for more information concerning a particular

21  development permit for a specific location. The office

22  department shall design and construct the Internet site and

23  may competitively procure and contract for services to develop

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

25  office department must solicit input from potential users of

26  the site.

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

28  Permitting System Internet site to allow an applicant to

29  complete and submit application forms for development permits

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

31  allowing an applicant to submit payment for permit fees and


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  1  must provide payment options. After initially establishing the

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

  3  most timely manner possible, the capabilities described in

  4  this subsection. The office department shall also develop a

  5  protocol for adding to the One-Stop Permitting System

  6  additional state agencies and counties that agree to

  7  participate. The office department may competitively procure

  8  and contract for services to develop such capabilities.

  9         (6)  The office department may add counties and

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

11  governments agree to participate and develop the technical

12  capability of joining the system.

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

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

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

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

17  issued by the water management districts, each completed

18  application that does not require governing board approval

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

20  However, completed permit applications which must be

21  considered by a water management district governing board

22  shall be approved or denied at the next regularly scheduled

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

24  period for approving or denying a complete application does

25  not apply in the case of a development permit application

26  evaluated under a federally delegated or approved permitting

27  program.  However, the reviewing agency shall make a

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

29  days.

30         (10)  Notwithstanding any other provision of law or

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


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  1  state agency or water management district for issuing a

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

  3  beginning on the date the state agency or water management

  4  district begins accepting development permit applications over

  5  the Internet and the applicant submits the development permit

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

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

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

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

10  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

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

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

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

14         Section 7.  Section 288.1092, Florida Statutes, is

15  amended to read:

16         288.1092  One-Stop Permitting System Grant

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

18  Department of Management Services the One-Stop Permitting

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

20  encourage counties to coordinate and integrate the development

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

22  Permitting System. The office department shall review grant

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

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

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

26  integration. The office department must review a grant

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

28  Permitting System to provide access to development permit

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

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

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


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  1  hardware, or consulting services necessary for the county to

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

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

  4  application must specify what items or services the county

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

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

  7  services are necessary for the county to create an interface

  8  with the One-Stop Permitting System.

  9         Section 8.  Section 288.1093, Florida Statutes, is

10  amended to read:

11         288.1093  Quick Permitting County Designation

12  Program.--

13         (1)  There is established within the State Technology

14  Office Department of Management Services the Quick Permitting

15  County Designation Program. To be designated as a Quick

16  Permitting County, the chair of the board of county

17  commissioners of the applying county must certify to the

18  office Department of Management Services that the county meets

19  the criteria specified in subsection (3).

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

21  permitting" includes permits and approvals necessary for the

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

23  to:

24         (a)  Wetland or environmental resource permits.

25         (b)  Surface water management permits.

26         (c)  Stormwater permits.

27         (d)  Site plan approvals.

28         (e)  Zoning and comprehensive plan amendments.

29         (f)  Building permits.

30         (g)  Transportation concurrency approvals.

31         (h)  Wastewater permits.


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

  2  designation, a county must certify to the office department

  3  that the county has implemented the following best-management

  4  practices:

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

  6  a business seeking assistance in obtaining a permit;

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

  8  accelerated permit review;

  9         (c)  The use of documented preapplication meetings

10  following standard procedures;

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

12  for high-priority projects;

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

14  conduct business in the county;

15         (f)  The evaluation and elimination of duplicative

16  approval and permitting requirements within the county;

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

18  of an interlocal agreement for individual projects, in the

19  expedited permit process set forth in s. 403.973;

20         (h)  The development of a timetable for processing

21  development permits and approvals; and

22         (i)  The use of interagency coordination to facilitate

23  permit processing.

24         Section 9.  Effective July 1, 2001, subsection (1) of

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

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

27         455.213  General licensing provisions.--

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

29  the department in writing. The application for licensure shall

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

31  include the applicant's social security number.


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  1  Notwithstanding any other provision of law, the department is

  2  the sole authority for determining the contents of any

  3  documents to be submitted for initial licensure and licensure

  4  renewal. Such documents may contain information including, as

  5  appropriate:  demographics, education, work history, personal

  6  background, criminal history, finances, business information,

  7  complaints, inspections, investigations, discipline, bonding,

  8  signature notarization, photographs, performance periods,

  9  reciprocity, local government approvals, supporting

10  documentation, periodic reporting requirements, fingerprint

11  requirements, continuing education requirements, and ongoing

12  education monitoring. The application shall be supplemented as

13  needed to reflect any material change in any circumstance or

14  condition stated in the application which takes place between

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

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

17  the department. In order to further the economic development

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

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

20  county tax collector for the purpose of appointing the county

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

22  for licenses and applications for renewals of licenses. The

23  agreement must specify the time within which the tax collector

24  must forward any applications and accompanying application

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

26  schedules directly with a national examination organization or

27  examination vendor to take an examination required for

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

29  with the examination may be paid directly to the organization

30  or vendor.

31


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  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


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  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


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  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


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  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


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  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


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