CS/HB 5611

1	A bill to be entitled
2	An act relating to review of the Department of Management
3	Services under the Florida Government Accountability Act;
4	amending s. 20.22, F.S.; revising the governance of the
5	department; amending ss. 57.111, 120.56, 120.569, 120.57,
6	552.40, 553.73, and 961.03, F.S.; providing for electronic
7	filing and transmission procedures for certain actions,
8	proceedings, and petitions; conforming provisions to
9	changes made by the act; repealing s. 110.123(13), F.S.,
10	relating to creation and duties of the Florida State
11	Employee Wellness Council; amending s. 120.54, F.S.;
12	requiring a petitioner requesting an administrative
13	hearing to include the petitioner's e-mail address;
14	requiring the request for administrative hearing by a
15	respondent to include the e-mail address of the party's
16	counsel or qualified representative; creating s. 120.585,
17	F.S.; requiring an attorney to use electronic means when
18	filing a document with the Division of Administrative
19	Hearings; encouraging a party not represented by an
20	attorney to file documents whenever possible by electronic
21	means through the division's website; amending s. 216.023,
22	F.S.; requiring each agency head to provide an annual
23	inventory containing specified information of all wireless
24	devices and expenditures; creating s. 282.712, F.S.;
25	providing legislative intent; providing requirements for
26	the use of wireless communication devices by agency
27	employees; requiring the agency to conduct a review of
28	wireless communication device expenditures; requiring
29	reimbursement of costs associated with certain personal
30	use of wireless communication devices by employees;
31	amending s. 287.05721, F.S.; repealing the definition of
32	the term "council" as it relates to the Council on
33	Efficient Government; repealing s. 287.0573, F.S.,
34	relating to creation of the Council on Efficient
35	Government within the department; amending s. 287.0574,
36	F.S.; conforming provisions to the elimination of the
37	Council on Efficient Government; requiring the department
38	to prepare a plan to centralize the fleet of state-owned
39	motor vehicles; requiring the department to submit the
40	plan to the Governor, Cabinet, and the Legislature by a
41	specified date; amending ss. 318.18 and 318.21, F.S.;
42	delaying the expiration of provisions imposing a surcharge
43	on certain offenses and traffic violations, the proceeds
44	of which are deposited into the State Agency Law
45	Enforcement Radio System Trust Fund of the department;
46	amending ss. 440.192 and 440.25, F.S.; providing and
47	revising procedures for filing petitions for benefits and
48	other documents in workers' compensation benefits
49	proceedings to provide for electronic filing and
50	transmission under certain circumstances; amending ss.
51	440.29 and 440.45, F.S.; authorizing the Office of the
52	Judges of Compensation Claims to adopt rules for certain
53	purposes; amending s. 440.33, F.S.; providing for the
54	application of an order issued by the chief circuit judge
55	to close the courts of the county or a tolling order
56	issued by the Supreme Court to any district office of the
57	Office of the Judges of Compensation Claims which is
58	located within the same county in which the order of
59	closure or tolling order applies; providing for the time
60	limits applicable to the jurisdiction of the Office of the
61	Judges of Compensation Claims to apply following such
62	order; amending ss. 766.305, 766.309, and 766.31, F.S.;
63	authorizing the Division of Administrative Hearings to
64	furnish by electronic means copies of certain petitions
65	and orders relating to medical disciplinary reviews,
66	claims, and awards; requiring the department to identify
67	all resources relating to real estate leasing and
68	facilities operations and maintenance within each state
69	agency; requiring a report to the Governor, Cabinet, and
70	Legislature by a specified date; requiring that the
71	information be included within the agency's legislative
72	budget request for the 2011-2012 fiscal year; providing an
73	appropriation and authorizing positions within the
74	department; requiring approval of the Governor and Cabinet
75	and Senate confirmation for certain positions within the
76	department; providing for repeal of the provisions by a
77	date certain; authorizing the department to transfer
78	certain funds for the purpose of statewide purchasing
79	operations; authorizing the department to transfer certain
80	funds for the creation of a comprehensive database of
81	state-owned real property; providing a directive to the
82	Division of Statutory Revision; providing effective dates.
83
84	Be It Enacted by the Legislature of the State of Florida:
85
86	Section 1.  Subsection (1) of section 20.22, Florida
87	Statutes, is amended to read:
88	20.22  Department of Management Services.-There is created
89	a Department of Management Services.
90	(1)  The head of the Department of Management Services is
91	the Governor and Cabinet, who shall appoint an executive
92	director Secretary of Management Services, who shall be
93	appointed by the Governor, subject to confirmation by the
94	Senate, and who shall serve at the pleasure of the Governor and
95	Cabinet.
96	Section 2.  Paragraph (b) of subsection (4) of section
97	57.111, Florida Statutes, is amended to read:
98	57.111  Civil actions and administrative proceedings
99	initiated by state agencies; attorneys' fees and costs.-
100	(4)
101	(b)1.  To apply for an award under this section, the
102	attorney for the prevailing small business party must submit an
103	itemized affidavit to the court which first conducted the
104	adversarial proceeding in the underlying action, or by
105	electronic means through the division's website to the Division
106	of Administrative Hearings, which shall assign an administrative
107	law judge, in the case of a proceeding pursuant to chapter 120,
108	which affidavit shall reveal the nature and extent of the
109	services rendered by the attorney as well as the costs incurred
110	in preparations, motions, hearings, and appeals in the
111	proceeding.
112	2.  The application for an award of attorney's fees must be
113	made within 60 days after the date that the small business party
114	becomes a prevailing small business party.
115	Section 3.  Paragraphs (c) and (d) of subsection (1) of
116	section 120.56, Florida Statutes, are amended to read:
117	120.56  Challenges to rules.-
118	(1)  GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A
119	RULE OR A PROPOSED RULE.-
120	(c)  The petition shall be filed by electronic means with
121	the division, which shall, immediately upon filing, forward by
122	electronic means copies to the agency whose rule is challenged,
123	the Department of State, and the committee. Within 10 days after
124	receiving the petition, the division director shall, if the
125	petition complies with the requirements of paragraph (b), assign
126	an administrative law judge who shall conduct a hearing within
127	30 days thereafter, unless the petition is withdrawn or a
128	continuance is granted by agreement of the parties or for good
129	cause shown. Evidence of good cause includes, but is not limited
130	to, written notice of an agency's decision to modify or withdraw
131	the proposed rule or a written notice from the chair of the
132	committee stating that the committee will consider an objection
133	to the rule at its next scheduled meeting. The failure of an
134	agency to follow the applicable rulemaking procedures or
135	requirements set forth in this chapter shall be presumed to be
136	material; however, the agency may rebut this presumption by
137	showing that the substantial interests of the petitioner and the
138	fairness of the proceedings have not been impaired.
139	(d)  Within 30 days after the hearing, the administrative
140	law judge shall render a decision and state the reasons therefor
141	in writing. The division shall forthwith transmit by electronic
142	means copies of the administrative law judge's decision to the
143	agency, the Department of State, and the committee.
144	Section 4.  Paragraph (a) of subsection (2) of section
145	120.569, Florida Statutes, is amended to read:
146	120.569  Decisions which affect substantial interests.-
147	(2)(a)  Except for any proceeding conducted as prescribed
148	in s. 120.56, a petition or request for a hearing under this
149	section shall be filed with the agency. If the agency requests
150	an administrative law judge from the division, it shall so
151	notify the division by electronic means through the division's
152	website within 15 days after receipt of the petition or request.
153	A request for a hearing shall be granted or denied within 15
154	days after receipt. On the request of any agency, the division
155	shall assign an administrative law judge with due regard to the
156	expertise required for the particular matter. The referring
157	agency shall take no further action with respect to a proceeding
158	under s. 120.57(1), except as a party litigant, as long as the
159	division has jurisdiction over the proceeding under s.
160	120.57(1). Any party may request the disqualification of the
161	administrative law judge by filing an affidavit with the
162	division prior to the taking of evidence at a hearing, stating
163	the grounds with particularity.
164	Section 5.  Paragraph (d) of subsection (3) of section
165	120.57, Florida Statutes, is amended to read:
166	120.57  Additional procedures for particular cases.-
167	(3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
168	CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter
169	shall use the uniform rules of procedure, which provide
170	procedures for the resolution of protests arising from the
171	contract solicitation or award process. Such rules shall at
172	least provide that:
173	(d)1.  The agency shall provide an opportunity to resolve
174	the protest by mutual agreement between the parties within 7
175	days, excluding Saturdays, Sundays, and state holidays, after
176	receipt of a formal written protest.
177	2.  If the subject of a protest is not resolved by mutual
178	agreement within 7 days, excluding Saturdays, Sundays, and state
179	holidays, after receipt of the formal written protest, and if
180	there is no disputed issue of material fact, an informal
181	proceeding shall be conducted pursuant to subsection (2) and
182	applicable agency rules before a person whose qualifications
183	have been prescribed by rules of the agency.
184	3.  If the subject of a protest is not resolved by mutual
185	agreement within 7 days, excluding Saturdays, Sundays, and state
186	holidays, after receipt of the formal written protest, and if
187	there is a disputed issue of material fact, the agency shall
188	refer the protest to the division by electronic means through
189	the division's website for proceedings under subsection (1).
190	Section 6.  Subsection (1) of section 552.40, Florida
191	Statutes, is amended to read:
192	552.40  Administrative remedy for alleged damage due to the
193	use of explosives in connection with construction materials
194	mining activities.-
195	(1)  A person may initiate an administrative proceeding to
196	recover damages resulting from the use of explosives in
197	connection with construction materials mining activities by
198	filing a petition with the Division of Administrative Hearings
199	by electronic means through the division's website on a form
200	provided by it and accompanied by a filing fee of $100 within
201	180 days after the occurrence of the alleged damage. If the
202	petitioner submits an affidavit stating that the petitioner's
203	annual income is less than 150 percent of the applicable federal
204	poverty guideline published in the Federal Register by the
205	United States Department of Health and Human Services, the $100
206	filing fee must be waived.
207	Section 7.  Paragraph (b) of subsection (4) of section
208	553.73, Florida Statutes, is amended to read:
209	553.73  Florida Building Code.-
210	(4)
211	(b)  Local governments may, subject to the limitations of
212	this section, adopt amendments to the technical provisions of
213	the Florida Building Code which apply solely within the
214	jurisdiction of such government and which provide for more
215	stringent requirements than those specified in the Florida
216	Building Code, not more than once every 6 months. A local
217	government may adopt technical amendments that address local
218	needs if:
219	1.  The local governing body determines, following a public
220	hearing which has been advertised in a newspaper of general
221	circulation at least 10 days before the hearing, that there is a
222	need to strengthen the requirements of the Florida Building
223	Code. The determination must be based upon a review of local
224	conditions by the local governing body, which review
225	demonstrates by evidence or data that the geographical
226	jurisdiction governed by the local governing body exhibits a
227	local need to strengthen the Florida Building Code beyond the
228	needs or regional variation addressed by the Florida Building
229	Code, that the local need is addressed by the proposed local
230	amendment, and that the amendment is no more stringent than
231	necessary to address the local need.
232	2.  Such additional requirements are not discriminatory
233	against materials, products, or construction techniques of
234	demonstrated capabilities.
235	3.  Such additional requirements may not introduce a new
236	subject not addressed in the Florida Building Code.
237	4.  The enforcing agency shall make readily available, in a
238	usable format, all amendments adopted pursuant to this section.
239	5.  Any amendment to the Florida Building Code shall be
240	transmitted within 30 days by the adopting local government to
241	the commission. The commission shall maintain copies of all such
242	amendments in a format that is usable and obtainable by the
243	public. Local technical amendments shall not become effective
244	until 30 days after the amendment has been received and
245	published by the commission.
246	6.  Any amendment to the Florida Building Code adopted by a
247	local government pursuant to this paragraph shall be effective
248	only until the adoption by the commission of the new edition of
249	the Florida Building Code every third year. At such time, the
250	commission shall review such amendment for consistency with the
251	criteria in paragraph (8)(a) and adopt such amendment as part of
252	the Florida Building Code or rescind the amendment. The
253	commission shall immediately notify the respective local
254	government of the rescission of any amendment. After receiving
255	such notice, the respective local government may readopt the
256	rescinded amendment pursuant to the provisions of this
257	paragraph.
258	7.  Each county and municipality desiring to make local
259	technical amendments to the Florida Building Code shall by
260	interlocal agreement establish a countywide compliance review
261	board to review any amendment to the Florida Building Code,
262	adopted by a local government within the county pursuant to this
263	paragraph, that is challenged by any substantially affected
264	party for purposes of determining the amendment's compliance
265	with this paragraph. If challenged, the local technical
266	amendments shall not become effective until time for filing an
267	appeal pursuant to subparagraph 8. has expired or, if there is
268	an appeal, until the commission issues its final order
269	determining the adopted amendment is in compliance with this
270	subsection.
271	8.  If the compliance review board determines such
272	amendment is not in compliance with this paragraph, the
273	compliance review board shall notify such local government of
274	the noncompliance and that the amendment is invalid and
275	unenforceable until the local government corrects the amendment
276	to bring it into compliance. The local government may appeal the
277	decision of the compliance review board to the commission. If
278	the compliance review board determines such amendment to be in
279	compliance with this paragraph, any substantially affected party
280	may appeal such determination to the commission. Any such appeal
281	shall be filed with the commission within 14 days of the board's
282	written determination. The commission shall promptly refer the
283	appeal to the Division of Administrative Hearings by electronic
284	means through the division's website for the assignment of an
285	administrative law judge. The administrative law judge shall
286	conduct the required hearing within 30 days, and shall enter a
287	recommended order within 30 days of the conclusion of such
288	hearing. The commission shall enter a final order within 30 days
289	thereafter. The provisions of chapter 120 and the uniform rules
290	of procedure shall apply to such proceedings. The local
291	government adopting the amendment that is subject to challenge
292	has the burden of proving that the amendment complies with this
293	paragraph in proceedings before the compliance review board and
294	the commission, as applicable. Actions of the commission are
295	subject to judicial review pursuant to s. 120.68. The compliance
296	review board shall determine whether its decisions apply to a
297	respective local jurisdiction or apply countywide.
298	9.  An amendment adopted under this paragraph shall include
299	a fiscal impact statement which documents the costs and benefits
300	of the proposed amendment. Criteria for the fiscal impact
301	statement shall include the impact to local government relative
302	to enforcement, the impact to property and building owners, as
303	well as to industry, relative to the cost of compliance. The
304	fiscal impact statement may not be used as a basis for
305	challenging the amendment for compliance.
306	10.  In addition to subparagraphs 7. and 9., the commission
307	may review any amendments adopted pursuant to this subsection
308	and make nonbinding recommendations related to compliance of
309	such amendments with this subsection.
310	Section 8.  Paragraph (b) of subsection (4) of section
311	961.03, Florida Statutes, is amended to read:
312	961.03  Determination of status as a wrongfully
313	incarcerated person; determination of eligibility for
314	compensation.-
315	(4)
316	(b)  If the prosecuting authority responds as set forth in
317	paragraph (2)(b), and the court determines that the petitioner
318	is eligible under the provisions of s. 961.04, but the
319	prosecuting authority contests the nature, significance or
320	effect of the evidence of actual innocence, or the facts related
321	to the petitioner's alleged wrongful incarceration, the court
322	shall set forth its findings and transfer the petition by
323	electronic means through the division's website to the division
324	for findings of fact and a recommended determination of whether
325	the petitioner has established that he or she is a wrongfully
326	incarcerated person who is eligible for compensation under this
327	act.
328	Section 9.  Subsection (13) of section 110.123, Florida
329	Statutes, is repealed.
330	Section 10.  Paragraph (b) of subsection (5) of section
331	120.54, Florida Statutes, is amended to read:
332	120.54  Rulemaking.-
333	(5)  UNIFORM RULES.-
334	(b)  The uniform rules of procedure adopted by the
335	commission pursuant to this subsection shall include, but are
336	not limited to:
337	1.  Uniform rules for the scheduling of public meetings,
338	hearings, and workshops.
339	2.  Uniform rules for use by each state agency that provide
340	procedures for conducting public meetings, hearings, and
341	workshops, and for taking evidence, testimony, and argument at
342	such public meetings, hearings, and workshops, in person and by
343	means of communications media technology. The rules shall
344	provide that all evidence, testimony, and argument presented
345	shall be afforded equal consideration, regardless of the method
346	of communication. If a public meeting, hearing, or workshop is
347	to be conducted by means of communications media technology, or
348	if attendance may be provided by such means, the notice shall so
349	state. The notice for public meetings, hearings, and workshops
350	utilizing communications media technology shall state how
351	persons interested in attending may do so and shall name
352	locations, if any, where communications media technology
353	facilities will be available. Nothing in this paragraph shall be
354	construed to diminish the right to inspect public records under
355	chapter 119. Limiting points of access to public meetings,
356	hearings, and workshops subject to the provisions of s. 286.011
357	to places not normally open to the public shall be presumed to
358	violate the right of access of the public, and any official
359	action taken under such circumstances is void and of no effect.
360	Other laws relating to public meetings, hearings, and workshops,
361	including penal and remedial provisions, shall apply to public
362	meetings, hearings, and workshops conducted by means of
363	communications media technology, and shall be liberally
364	construed in their application to such public meetings,
365	hearings, and workshops. As used in this subparagraph,
366	"communications media technology" means the electronic
367	transmission of printed matter, audio, full-motion video,
368	freeze-frame video, compressed video, and digital video by any
369	method available.
370	3.  Uniform rules of procedure for the filing of notice of
371	protests and formal written protests. The Administration
372	Commission may prescribe the form and substantive provisions of
373	a required bond.
374	4.  Uniform rules of procedure for the filing of petitions
375	for administrative hearings pursuant to s. 120.569 or s. 120.57.
376	Such rules shall require the petition to include:
377	a.  The identification of the petitioner, including the
378	petitioner's e-mail address, if any, for the transmittal of
379	subsequent documents by electronic means.
380	b.  A statement of when and how the petitioner received
381	notice of the agency's action or proposed action.
382	c.  An explanation of how the petitioner's substantial
383	interests are or will be affected by the action or proposed
384	action.
385	d.  A statement of all material facts disputed by the
386	petitioner or a statement that there are no disputed facts.
387	e.  A statement of the ultimate facts alleged, including a
388	statement of the specific facts the petitioner contends warrant
389	reversal or modification of the agency's proposed action.
390	f.  A statement of the specific rules or statutes that the
391	petitioner contends require reversal or modification of the
392	agency's proposed action, including an explanation of how the
393	alleged facts relate to the specific rules or statutes.
394	g.  A statement of the relief sought by the petitioner,
395	stating precisely the action petitioner wishes the agency to
396	take with respect to the proposed action.
397	5.  Uniform rules for the filing of request for
398	administrative hearing by a respondent in agency enforcement and
399	disciplinary actions. Such rules shall require a request to
400	include:
401	a.  The name, address, e-mail address, and telephone number
402	of the party making the request and the name, address, e-mail
403	address, and telephone number of the party's counsel or
404	qualified representative upon whom service of pleadings and
405	other papers shall be made;
406	b.  A statement that the respondent is requesting an
407	administrative hearing and disputes the material facts alleged
408	by the petitioner, in which case the respondent shall identify
409	those material facts that are in dispute, or that the respondent
410	is requesting an administrative hearing and does not dispute the
411	material facts alleged by the petitioner; and
412	c.  A reference by file number to the administrative
413	complaint that the party has received from the agency and the
414	date on which the agency pleading was received.
415
416	The agency may provide an election-of-rights form for the
417	respondent's use in requesting a hearing, so long as any form
418	provided by the agency calls for the information in sub-
419	subparagraphs a. through c. and does not impose any additional
420	requirements on a respondent in order to request a hearing,
421	unless such requirements are specifically authorized by law.
422	6.  Uniform rules of procedure for the filing and prompt
423	disposition of petitions for declaratory statements. The rules
424	shall also describe the contents of the notices that must be
425	published in the Florida Administrative Weekly under s. 120.565,
426	including any applicable time limit for the filing of petitions
427	to intervene or petitions for administrative hearing by persons
428	whose substantial interests may be affected.
429	7.  Provision of a method by which each agency head shall
430	provide a description of the agency's organization and general
431	course of its operations. The rules shall require that the
432	statement concerning the agency's organization and operations be
433	published on the agency's website.
434	8.  Uniform rules establishing procedures for granting or
435	denying petitions for variances and waivers pursuant to s.
436	120.542.
437	Section 11.  Section 120.585, Florida Statutes, is created
438	to read:
439	120.585  Electronic filing.-Any document filed with the
440	division by a party represented by an attorney must be filed by
441	electronic means through the division's website. Any document
442	filed with the division by a party who is not represented by an
443	attorney shall, whenever possible, be filed by electronic means
444	through the division's website.
445	Section 12.  Subsections (6) through (9) of section
446	216.023, Florida Statutes, are renumbered as subsections (7)
447	through (10), respectively, and a new subsection (6) is added to
448	that section to read:
449	216.023  Legislative budget requests to be furnished to
450	Legislature by agencies.-
451	(6)  As part of the legislative budget request, the head of
452	each agency shall include an annual inventory of all wireless
453	devices and expenditures, including the number of wireless
454	devices by type, expenditures by type of device, total
455	expenditures, a list of job classifications assigned a wireless
456	device, and the steps taken to promote productivity and contain
457	costs.
458	Section 13.  Section 282.712, Florida Statutes, is created
459	to read:
460	282.712  Statewide wireless communication utilization.-
461	(1)  It is the intent of the Legislature that the
462	expenditure of public funds on wireless communication devices
463	shall be used to increase efficiency, accessibility, and
464	productivity.
465	(2)  In furtherance of the goal of increasing efficiency,
466	accessibility, and productivity, agencies shall only assign
467	cellular telephones, personal digital assistants, and other
468	wireless communication devices to those employees who, as part
469	of their official assigned duties, routinely must:
470	(a)  Be immediately available to citizens, supervisors, or
471	subordinates;
472	(b)  Be available to respond to emergency situations;
473	(c)  Be available to receive calls outside of regular
474	working hours;
475	(d)  Have access to the technology in order to productively
476	perform job duties in the field; or
477	(e)  Have limited or no access to a telephone, or have no
478	ability to use a cellular phone, if needed.
479	(3)  Agencies shall utilize wireless communication devices
480	and services using SUNCOM Network Services unless otherwise
481	approved by the department. Agencies shall obtain an exemption
482	from the use of SUNCOM Network Services prior to seeking
483	approval to use a state term contract, an alternate source
484	contract, or other procurement method. In seeking approval for
485	an exemption, agencies shall provide a comparison of costs and
486	benefits and the reasons for deviating from SUNCOM Network
487	Services. The department shall approve such requests only upon a
488	finding that an exemption from the use of SUNCOM Network
489	Services has been obtained pursuant to s. 282.703(3) and upon a
490	finding that the cost-benefit analysis or agency justification
491	supports the use of another procurement method.
492	(4)  Agencies shall review wireless communication device
493	expenditures to confirm that costs are associated with business
494	purposes. Any costs associated with personal use of a wireless
495	communication device by an employee shall be reimbursed to the
496	agency by that employee.
497	Section 14.  Section 287.05721, Florida Statutes, is
498	amended to read:
499	287.05721  Definitions.-As used in ss. 287.0571-287.0574,
500	the term:
501	(1)  "Council" means the Council on Efficient Government.
502	(2)  "outsource" means the process of contracting with a
503	vendor to provide a service as defined in s. 216.011(1)(f), in
504	whole or in part, or an activity as defined in s.
505	216.011(1)(rr), while a state agency retains the responsibility
506	and accountability for the service or activity and there is a
507	transfer of management responsibility for the delivery of
508	resources and the performance of those resources.
509	Section 15.  Section 287.0573, Florida Statutes, is
510	repealed.
511	Section 16.  Subsections (1) through (4) of section
512	287.0574, Florida Statutes, are amended to read:
513	287.0574  Business cases to outsource; review and analysis;
514	requirements.-
515	(1)  A business case to outsource having a projected cost
516	exceeding $10 million in any fiscal year shall require:
517	(a)  An initial business case analysis conducted by the
518	state agency and submitted to the council, the Governor, the
519	President of the Senate, and the Speaker of the House of
520	Representatives at least 60 days before a solicitation is
521	issued. The council shall evaluate the business case analysis
522	and submit an advisory report to the state agency, the Governor,
523	the President of the Senate, and the Speaker of the House of
524	Representatives when the advisory report is completed, but at
525	least 30 days before the agency issues the solicitation.
526	(b)  A final business case analysis conducted by the state
527	agency and submitted after the conclusion of any negotiations,
528	at least 30 days before execution of a contract, to the council,
529	the Governor, the President of the Senate, and the Speaker of
530	the House of Representatives.
531	(2)  A proposal to outsource having a projected cost that
532	ranges from $1 million to $10 million in any fiscal year shall
533	require:
534	(a)  An initial business case analysis conducted by the
535	state agency and submission of the business case, at least 30
536	days before issuing a solicitation, to the council, the
537	Governor, the President of the Senate, and the Speaker of the
538	House of Representatives.
539	(b)  A final business case analysis conducted by the state
540	agency and submitted after the conclusion of any negotiations,
541	at least 30 days before execution of a contract, to the council,
542	the Governor, the President of the Senate, and the Speaker of
543	the House of Representatives.
544	(3)  A business case to outsource having a projected cost
545	that is less than $1 million in any fiscal year shall require a
546	final business case analysis conducted by the state agency after
547	the conclusion of any negotiations and provided at least 30 days
548	before execution of a contract to the council. The council shall
549	provide such business cases in its annual report to the
550	Legislature.
551	(4)  For any proposed outsourcing, the state agency shall
552	develop a business case that justifies the proposal to
553	outsource. In order to reduce any administrative burden, the
554	council may allow a state agency shall to submit the business
555	case in the form and manner required by the budget instructions
556	issued pursuant to s. 216.023(1), (2), and (4)(a)7., augmented
557	with additional information if necessary, to ensure that the
558	requirements of this section are met. The business case is not
559	subject to challenge or protest pursuant to chapter 120. The
560	business case must include, but need not be limited to:
561	(a)  A detailed description of the service or activity for
562	which the outsourcing is proposed.
563	(b)  A description and analysis of the state agency's
564	current performance, based on existing performance metrics if
565	the state agency is currently performing the service or
566	activity.
567	(c)  The goals desired to be achieved through the proposed
568	outsourcing and the rationale for such goals.
569	(d)  A citation to the existing or proposed legal authority
570	for outsourcing the service or activity.
571	(e)  A description of available options for achieving the
572	goals. If state employees are currently performing the service
573	or activity, at least one option involving maintaining state
574	provision of the service or activity shall be included.
575	(f)  An analysis of the advantages and disadvantages of
576	each option, including, at a minimum, potential performance
577	improvements and risks.
578	(g)  A description of the current market for the
579	contractual services that are under consideration for
580	outsourcing.
581	(h)  A cost-benefit analysis documenting the direct and
582	indirect specific baseline costs, savings, and qualitative and
583	quantitative benefits involved in or resulting from the
584	implementation of the recommended option or options. Such
585	analysis must specify the schedule that, at a minimum, must be
586	adhered to in order to achieve the estimated savings. All
587	elements of cost must be clearly identified in the cost-benefit
588	analysis, described in the business case, and supported by
589	applicable records and reports. The state agency head shall
590	attest that, based on the data and information underlying the
591	business case, to the best of his or her knowledge, all
592	projected costs, savings, and benefits are valid and achievable.
593	As used in this section, the term "cost" means the reasonable,
594	relevant, and verifiable cost, which may include, but is not
595	limited to, elements such as personnel, materials and supplies,
596	services, equipment, capital depreciation, rent, maintenance and
597	repairs, utilities, insurance, personnel travel, overhead, and
598	interim and final payments. The appropriate elements shall
599	depend on the nature of the specific initiative. As used in this
600	section, the term "savings" means the difference between the
601	direct and indirect actual annual baseline costs compared to the
602	projected annual cost for the contracted functions or
603	responsibilities in any succeeding state fiscal year during the
604	term of the contract.
605	(i)  A description of differences among current state
606	agency policies and processes and, as appropriate, a discussion
607	of options for or a plan to standardize, consolidate, or revise
608	current policies and processes, if any, to reduce the
609	customization of any proposed solution that would otherwise be
610	required.
611	(j)  A description of the specific performance standards
612	that must, at a minimum, be met to ensure adequate performance.
613	(k)  The projected timeframe for key events from the
614	beginning of the procurement process through the expiration of a
615	contract.
616	(l)  A plan to ensure compliance with the public records
617	law.
618	(m)  A specific and feasible contingency plan addressing
619	contractor nonperformance and a description of the tasks
620	involved in and costs required for its implementation.
621	(n)  A state agency's transition plan for addressing
622	changes in the number of agency personnel, affected business
623	processes, employee transition issues, and communication with
624	affected stakeholders, such as agency clients and the public.
625	The transition plan must contain a reemployment and retraining
626	assistance plan for employees who are not retained by the state
627	agency or employed by the contractor.
628	(o)  A plan for ensuring access by persons with
629	disabilities in compliance with applicable state and federal
630	law.
631	(p)  A description of legislative and budgetary actions
632	necessary to accomplish the proposed outsourcing.
633	Section 17.  Centralized fleet management.-
634	(1)  The Department of Management Services shall prepare a
635	plan to create, administer, and maintain a centralized fleet of
636	state-owned motor vehicles. By November 1, 2010, the department
637	shall submit the plan for centralizing all state-owned vehicles
638	to the President of the Senate, the Speaker of the House of
639	Representatives, and the Governor and Cabinet.
640	(2)  The plan for centralizing all state-owned motor
641	vehicles shall provide a method for:
642	(a)  Assigning and administering motor vehicles to state
643	agencies and employees.
644	(b)  Managing a fleet of motor vehicles for short-term use.
645	(c)  Charging state agencies for the use of motor vehicles,
646	including costs associated with vehicle replacement and
647	operating costs.
648	(d)  Purchasing motor vehicles necessary for the operation
649	of the centralized fleet.
650	(e)  Repairing and maintaining motor vehicles.
651	(f)  Monitoring the use of motor vehicles and enforcing
652	regulations regarding proper use.
653	(g)  Maintaining records related to the operation and
654	maintenance of motor vehicles and the administration of the
655	fleet.
656	(h)  Disposing of motor vehicles that are no longer
657	necessary to maintain the fleet or for motor vehicles that are
658	not used effectively enough to establish motor vehicle cost
659	savings.
660	(i)  Determining when it would be cost-efficient to lease a
661	motor vehicle from a third-party vendor instead of using a
662	state-owned vehicle.
663	(3)  In developing the plan, the department shall evaluate
664	the costs and benefits of operating a centralized motor vehicle
665	fleet compared to the costs and benefits of contracting with a
666	third-party vendor for the operation of a centralized motor
667	vehicle fleet.
668	Section 18.  Subsection (17) of section 318.18, Florida
669	Statutes, is amended to read:
670	318.18  Amount of penalties.-The penalties required for a
671	noncriminal disposition pursuant to s. 318.14 or a criminal
672	offense listed in s. 318.17 are as follows:
673	(17)  In addition to any penalties imposed, a surcharge of
674	$3 must be paid for all criminal offenses listed in s. 318.17
675	and for all noncriminal moving traffic violations under chapter
676	316. Revenue from the surcharge shall be remitted to the
677	Department of Revenue and deposited quarterly into the State
678	Agency Law Enforcement Radio System Trust Fund of the Department
679	of Management Services for the state agency law enforcement
680	radio system, as described in s. 282.709, and to provide
681	technical assistance to state agencies and local law enforcement
682	agencies with their statewide systems of regional law
683	enforcement communications, as described in s. 282.710. This
684	subsection expires July 1, 2017 2012. The Department of
685	Management Services may retain funds sufficient to recover the
686	costs and expenses incurred for managing, administering, and
687	overseeing the Statewide Law Enforcement Radio System, and
688	providing technical assistance to state agencies and local law
689	enforcement agencies with their statewide systems of regional
690	law enforcement communications. The Department of Management
691	Services working in conjunction with the Joint Task Force on
692	State Agency Law Enforcement Communications shall determine and
693	direct the purposes for which these funds are used to enhance
694	and improve the radio system.
695	Section 19.  Subsection (17) of section 318.21, Florida
696	Statutes, is amended to read:
697	318.21  Disposition of civil penalties by county courts.-
698	All civil penalties received by a county court pursuant to the
699	provisions of this chapter shall be distributed and paid monthly
700	as follows:
701	(17)  Notwithstanding subsections (1) and (2), the proceeds
702	from the surcharge imposed under s. 318.18(17) shall be
703	distributed as provided in that subsection. This subsection
704	expires July 1, 2017 2012.
705	Section 20.  Subsections (1) and (8) of section 440.192,
706	Florida Statutes, are amended to read:
707	440.192  Procedure for resolving benefit disputes.-
708	(1)  Any employee may, for any benefit that is ripe, due,
709	and owing, file by certified mail, or by electronic means
710	approved by the Deputy Chief Judge, with the Office of the
711	Judges of Compensation Claims a petition for benefits which
712	meets the requirements of this section and the definition of
713	specificity in s. 440.02. An employee represented by an attorney
714	shall file by electronic means approved by the Deputy Chief
715	Judge. An employee not represented by an attorney may file by
716	certified mail or by electronic means approved by the Deputy
717	Chief Judge. The department shall inform employees of the
718	location of the Office of the Judges of Compensation Claims and
719	the office's website address for purposes of filing a petition
720	for benefits. The employee shall also serve copies of the
721	petition for benefits by certified mail, or by electronic means
722	approved by the Deputy Chief Judge, upon the employer and the
723	employer's carrier. The Deputy Chief Judge shall refer the
724	petitions to the judges of compensation claims.
725	(8)  Within 14 days after receipt of a petition for
726	benefits by certified mail or by approved electronic means, the
727	carrier must either pay the requested benefits without prejudice
728	to its right to deny within 120 days from receipt of the
729	petition or file a response to petition with the Office of the
730	Judges of Compensation Claims. The response shall be filed by
731	electronic means approved by the Deputy Chief Judge. The carrier
732	must list all benefits requested but not paid and explain its
733	justification for nonpayment in the response to petition. A
734	carrier that does not deny compensability in accordance with s.
735	440.20(4) is deemed to have accepted the employee's injuries as
736	compensable, unless it can establish material facts relevant to
737	the issue of compensability that could not have been discovered
738	through reasonable investigation within the 120-day period. The
739	carrier shall provide copies of the response to the filing
740	party, employer, and claimant by certified mail or by electronic
741	means approved by the Deputy Chief Judge.
742	Section 21.  Subsection (1) and paragraphs (a), (c), and
743	(e) of subsection (4) of section 440.25, Florida Statutes, are
744	amended to read:
745	440.25  Procedures for mediation and hearings.-
746	(1)  Forty days after a petition for benefits is filed
747	under s. 440.192, the judge of compensation claims shall notify
748	the interested parties by order that a mediation conference
749	concerning such petition has been scheduled unless the parties
750	have notified the judge of compensation claims that a private
751	mediation has been held or is scheduled to be held. A mediation,
752	whether private or public, shall be held within 130 days after
753	the filing of the petition. Such order must give the date the
754	mediation conference is to be held. Such order may be served
755	personally upon the interested parties or may be sent to the
756	interested parties by mail or by electronic means approved by
757	the Deputy Chief Judge. If multiple petitions are pending, or if
758	additional petitions are filed after the scheduling of a
759	mediation, the judge of compensation claims shall consolidate
760	all petitions into one mediation. The claimant or the adjuster
761	of the employer or carrier may, at the mediator's discretion,
762	attend the mediation conference by telephone or, if agreed to by
763	the parties, other electronic means. A continuance may be
764	granted upon the agreement of the parties or if the requesting
765	party demonstrates to the judge of compensation claims that the
766	reason for requesting the continuance arises from circumstances
767	beyond the party's control. Any order granting a continuance
768	must set forth the date of the rescheduled mediation conference.
769	A mediation conference may not be used solely for the purpose of
770	mediating attorney's fees.
771	(4)(a)  If the parties fail to agree to written submission
772	of pretrial stipulations, the judge of compensation claims shall
773	conduct a live pretrial hearing. The judge of compensation
774	claims shall give the interested parties at least 14 days'
775	advance notice of the pretrial hearing by mail or by electronic
776	means approved by the Deputy Chief Judge.
777	(c)  The judge of compensation claims shall give the
778	interested parties at least 14 days' advance notice of the final
779	hearing, served upon the interested parties by mail or by
780	electronic means approved by the Deputy Chief Judge.
781	(e)  The order making an award or rejecting the claim,
782	referred to in this chapter as a "compensation order," shall set
783	forth the findings of ultimate facts and the mandate; and the
784	order need not include any other reason or justification for
785	such mandate. The compensation order shall be filed in the
786	Office of the Judges of Compensation Claims at Tallahassee. A
787	copy of such compensation order shall be sent by mail or by
788	electronic means approved by the Deputy Chief Judge to the
789	parties and attorneys of record and any parties not represented
790	by an attorney at the last known address of each, with the date
791	of mailing noted thereon.
792	Section 22.  Subsection (3) of section 440.29, Florida
793	Statutes, is amended to read:
794	440.29  Procedure before the judge of compensation claims.-
795	(3)  The practice and procedure before the judges of
796	compensation claims shall be governed by rules adopted by the
797	Office of the Judges of Compensation Claims Supreme Court,
798	except to the extent that such rules conflict with the
799	provisions of this chapter.
800	Section 23.  Subsection (4) of section 440.45, Florida
801	Statutes, is amended to read:
802	440.45  Office of the Judges of Compensation Claims.-
803	(4)  The Office of the Judges of Compensation Claims shall
804	adopt rules to effectuate effect the purposes of this section.
805	Such rules shall include procedural rules applicable to workers'
806	compensation claim resolution, including rules requiring
807	electronic filing and service where deemed appropriate by the
808	Deputy Chief Judge, and uniform criteria for measuring the
809	performance of the office, including, but not limited to, the
810	number of cases assigned and resolved disposed, the age of
811	pending and resolved disposed cases, timeliness of decisions
812	decisionmaking, extraordinary fee awards, and other data
813	necessary for the judicial nominating commission to review the
814	performance of judges as required in paragraph (2)(c). The
815	workers' compensation rules of procedure approved by the Supreme
816	Court apply until the rules adopted by the Office of the Judges
817	of Compensation Claims pursuant to this section become
818	effective.
819	Section 24.  Subsection (4) is added to section 440.33,
820	Florida Statutes, to read:
821	440.33  Powers of judges of compensation claims.-
822	(4)(a)  Whenever the circuit court in a county is closed by
823	official action of the chief circuit judge or a designated
824	official due to a weather or other disaster-related emergency,
825	any district office of the Office of the Judges of Compensation
826	Claims which is located within that county shall likewise close
827	for the duration of the emergency closure ordered for that
828	circuit court.
829	(b)  Any tolling order issued by the Supreme Court
830	pertaining to matters pending before the circuit or county
831	courts shall apply with equal force to all proceedings pending
832	in any district office of the Office of the Judges of
833	Compensation Claims which is located within a county designated
834	by such tolling order in the same manner as if the compensation
835	proceedings were civil proceedings pending in the courts of the
836	county in which the district office is located. Following such a
837	tolling order, all time limits for acts required by law and
838	subject to the jurisdiction of the Office of the Judges of
839	Compensation Claims shall be tolled as set forth in the order of
840	the Supreme Court. A tolling order of the Supreme Court shall be
841	considered authoritative upon the posting of the order to the
842	court's website or other public dissemination, whichever occurs
843	earlier.
844	Section 25.  Subsection (2) of section 766.305, Florida
845	Statutes, is amended to read:
846	766.305  Filing of claims and responses; medical
847	disciplinary review.-
848	(2)  The claimant shall furnish the division with as many
849	copies of the petition as required for service upon the
850	association, any physician and hospital named in the petition,
851	and the Division of Medical Quality Assurance, along with a $15
852	filing fee payable to the Division of Administrative Hearings.
853	Upon receipt of the petition, the division shall immediately
854	serve the association, by service upon the agent designated to
855	accept service on behalf of the association, by registered or
856	certified mail, and shall mail copies of the petition, by
857	registered or certified mail, to any physician, health care
858	provider, and hospital named in the petition, and shall furnish
859	a copy by electronic means through the division's website or by
860	regular mail to the Division of Medical Quality Assurance, and
861	the Agency for Health Care Administration, and the association,
862	by service upon the agent designated to accept service on behalf
863	of the association.
864	Section 26.  Subsection (2) of section 766.309, Florida
865	Statutes, is amended to read:
866	766.309  Determination of claims; presumption; findings of
867	administrative law judge binding on participants.-
868	(2)  If the administrative law judge determines that the
869	injury alleged is not a birth-related neurological injury or
870	that obstetrical services were not delivered by a participating
871	physician at the birth, she or he shall enter an order and shall
872	cause a copy of such order to be sent immediately to the parties
873	by electronic means through the division's website or by regular
874	registered or certified mail.
875	Section 27.  Subsection (3) of section 766.31, Florida
876	Statutes, is amended to read:
877	766.31  Administrative law judge awards for birth-related
878	neurological injuries; notice of award.-
879	(3)  A copy of the award shall be sent immediately by
880	electronic means through the division's website or by regular
881	registered or certified mail to each person served with a copy
882	of the petition under s. 766.305(2).
883	Section 28.  Effective upon this act becoming a law, the
884	Department of Management Services shall coordinate with all
885	state agencies to identify all existing resources within each
886	agency related to real estate leasing and facilities operations
887	and maintenance. Agencies must submit the information to the
888	Department of Management Services no later than August 1, 2010.
889	By September 1, 2010, the Department of Management Services
890	shall submit a plan to the President of the Senate, the Speaker
891	of the House of Representatives, and the Governor and Cabinet
892	for centralizing within the department all real estate leasing
893	and facilities operations and maintenance. Such information
894	shall be included in each agency's legislative budget request
895	for the 2011-2012 fiscal year as a transfer to the Department of
896	Management Services. This section expires July 1, 2011.
897	Section 29.  (1)  The Department of Management Services is
898	appropriated a lump sum of $2,185,746 in recurring trust fund
899	authority, 18 full-time positions, as listed below, and salary
900	rate of 1,658,961 for the purpose of implementing the provisions
901	of s. 20.22, Florida Statutes. No later than July 15, 2010, the
902	department shall submit a budget amendment pursuant to the
903	provisions of s. 216.181, Florida Statutes, specifying the
904	allocation of positions by budget entity and trust fund.
905	Positions authorized in this section shall be filled initially
906	by majority approval of the Governor and Cabinet and shall be
907	subject to Senate confirmation. Incumbents in positions
908	authorized by this section on March 1, 2011, shall also be
909	subject to Senate confirmation.
910	(2)  Effective July 1, 2010, the following additional
911	Senior Management Service positions are authorized in the
912	Department of Management Services:
913	(a)  The Executive Director.
914	(b)  The Deputy Executive Director.
915	(c)  The Chief of Staff.
916	(d)  The General Counsel.
917	(e)  The Legislative Affairs Director.
918	(f)  The Inspector General.
919	(g)  The Director of the Division of Facilities Management
920	and Building Construction.
921	(h)  The Director of the Division of State Purchasing.
922	(i)  The Public Information Administrator.
923	(j)  The Director of Specialized Services.
924	(3)  Effective July 1, 2010, the following additional
925	Selected Exempt Service positions are authorized in the
926	Department of Management Services:
927	(a)  The Deputy Director of Facilities Management and
928	Building Construction.
929	(b)  The Chief of Operations and Maintenance - Facilities
930	Management.
931	(c)  The Chief of Real Property - Facilities Management.
932	(d)  The Projects Management Administrator - Facilities
933	Management.
934	(e)  The Appraiser Administrator - Facilities Management.
935	(f)  The Deputy Chief of Regional Facilities - Facilities
936	Management.
937	(g)  The Deputy Chief of Tallahassee Facilities -
938	Facilities Management.
939	(h)  The Systems Programming Administrator/Chief
940	Information Officer.
941	(4)  This section expires June 30, 2012.
942	Section 30.  The Department of Management Services is
943	authorized to transfer revenues from the Operating Trust Fund in
944	the purchasing oversight budget entity to the Administrative
945	Trust Fund in the Department of Financial Services to support
946	statewide purchasing operations.
947	Section 31.  The Department of Management Services is
948	authorized to transfer $320,000 from the Supervision Trust Fund
949	to the Department of Environmental Protection for the creation
950	of a comprehensive database of state-owned real property.
951	Section 32.  Pursuant to s. 11.242, Florida Statutes, the
952	Division of Statutory Revision of the Office of Legislative
953	Services is directed to prepare a reviser's bill for
954	consideration by the 2011 Regular Session of the Legislature to
955	conform the Florida Statutes to the changes made by this act.
956	Section 33.  Except as otherwise expressly provided in this
957	act, this act shall take effect July 1, 2010.

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