Senate Bill sb0876e1
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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";
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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.
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13 Be It Enacted by the Legislature of the State of Florida:
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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.
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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:
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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
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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:
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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 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
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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
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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
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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
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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
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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.
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