| 1 | The Business Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Department of the Lottery; amending |
| 7 | s. 24.109, F.S.; requiring an administrative law judge to |
| 8 | conduct certain reviews in a competitive procurement |
| 9 | protest and providing guidelines for such review; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (b) of subsection (2) of section |
| 15 | 24.109, Florida Statutes, is redesignated as paragraph (c), and |
| 16 | a 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 |
| 19 | department's contracting process, except that: |
| 20 | (b) In a competitive procurement protest, including the |
| 21 | rejection of all bids, proposals, or replies, the administrative |
| 22 | law judge shall not substitute his or her procurement decision |
| 23 | for the agency's procurement decision but shall review the |
| 24 | intended agency action only to determine if the agency action is |
| 25 | illegal, arbitrary, dishonest, or fraudulent. |
| 26 | Section 2. This act shall take effect July 1, 2006. |