HB 755

A bill to be entitled
2An act relating to the Department of the Lottery; amending
3s. 24.109, F.S.; requiring an administrative law judge to
4conduct certain reviews in a competitive procurement
5protest and providing guidelines for such review;
6providing an effective date.
8Be It Enacted by the Legislature of the State of Florida:
10     Section 1.  Paragraph (b) of subsection (2) of section
1124.109, Florida Statutes, is redesignated as paragraph (c), and
12a new paragraph (b) is added to that subsection to read:
13     24.109  Administrative procedure.--
14     (2)  The provisions of s. 120.57(3) apply to the
15department's contracting process, except that:
16     (b)  In a competitive procurement protest, including the
17rejection of all bids, proposals, or replies, the administrative
18law judge shall not substitute his or her procurement decision
19for the agency's procurement decision but shall review the
20intended agency action only to determine if the agency action is
21illegal, arbitrary, dishonest, or fraudulent.
22     Section 2.  This act shall take effect July 1, 2006.

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