HB 0755CS


1The Business Regulation Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to the Department of the Lottery; amending
7s. 24.109, F.S.; requiring an administrative law judge to
8conduct certain reviews in a competitive procurement
9protest and providing guidelines for such review;
10providing an effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Paragraph (b) of subsection (2) of section
1524.109, Florida Statutes, is redesignated as paragraph (c), and
16a new paragraph (b) is added to that subsection to read:
17     24.109  Administrative procedure.--
18     (2)  The provisions of s. 120.57(3) apply to the
19department's contracting process, except that:
20     (b)  In a competitive procurement protest, including the
21rejection of all bids, proposals, or replies, the administrative
22law judge shall not substitute his or her procurement decision
23for the agency's procurement decision but shall review the
24intended agency action only to determine if the agency action is
25illegal, arbitrary, dishonest, or fraudulent.
26     Section 2.  This act shall take effect July 1, 2006.

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