HB 7159

1	A bill to be entitled
2	An act relating to the review of the Department of
3	Management Services under the Florida Government
4	Accountability Act; reenacting s. 20.22, F.S., relating to
5	the creation and organization of the Department of
6	Management Services; amending s. 120.54, F.S.; requiring a
7	petitioner requesting an administrative hearing to include
8	the petitioner's e-mail address; requiring the request for
9	administrative hearing by a respondent to include the e-
10	mail address of the party's counsel or qualified
11	representative; creating s. 120.585, F.S.; requiring the
12	filing of documents with the Division of Administrative
13	Hearings by electronic means under certain circumstances;
14	amending ss. 57.111, 120.56, 120.569, 120.57, 553.73, and
15	961.03, F.S.; providing for electronic filing and
16	transmission procedures for certain actions, proceedings,
17	and petitions; conforming provisions to changes made by
18	the act; amending s. 287.05721, F.S.; deleting the
19	definition of the term "council"; repealing s. 287.0573,
20	F.S., relating to the Council on Efficient Government;
21	amending s. 287.0574, F.S.; conforming provisions to
22	changes made by this act; amending s. 287.0943, F.S.;
23	deleting provisions establishing the Minority Business
24	Certification Task Force, requiring that criteria for the
25	certification of minority business enterprises be approved
26	by the task force, and authorizing the task force to amend
27	the statewide and interlocal agreement for the
28	certification of minority business enterprises; amending
29	s. 287.0947, F.S.; authorizing the Secretary of Management
30	Services to establish the Florida Advisory Council on
31	Small and Minority Business Development for certain
32	purposes; amending s. 440.192 and 440.25, F.S.; providing
33	and revising procedures for filing petitions for benefits
34	and other documents in workers' compensation benefits
35	proceedings to provide for electronic filing and
36	transmission under certain circumstances; amending s.
37	440.29 and 440.45, F.S.; authorizing the Office of the
38	Judges of Compensation Claims to adopt rules for certain
39	purposes; reenacting s. 760.03(1), F.S., relating to
40	creation of the Commission on Human Relations; amending s.
41	760.11, F.S.; increasing for a specified period the time
42	within which the commission must determine if there is
43	reasonable cause to believe that certain discriminatory
44	practices have occurred; providing a filing fee for an
45	administrative hearing; providing for waiver or recovery
46	of the fee under certain circumstances; amending s.
47	766.305, F.S.; revising service and notice requirements
48	for petitions seeking compensation for a birth-related
49	neurological injury to provide for electronic
50	notification; amending s. 766.309, F.S.; providing and
51	revising procedures for determinations of such injury
52	claims to provide for electronic notification; amending s.
53	766.31, F.S.; providing and revising procedures for
54	notification of awards of compensation for such injuries
55	to provide for electronic notification; providing an
56	effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Section 20.22, Florida Statutes, is reenacted.
61	Section 2.  Paragraph (b) of subsection (4) of section
62	57.111, Florida Statutes, is amended to read:
63	57.111  Civil actions and administrative proceedings
64	initiated by state agencies; attorneys' fees and costs.-
65	(4)
66	(b)1.  To apply for an award under this section, the
67	attorney for the prevailing small business party must submit an
68	itemized affidavit to the court which first conducted the
69	adversarial proceeding in the underlying action, or by
70	electronic means through the division's website to the Division
71	of Administrative Hearings, which shall assign an administrative
72	law judge, in the case of a proceeding pursuant to chapter 120,
73	which affidavit shall reveal the nature and extent of the
74	services rendered by the attorney as well as the costs incurred
75	in preparations, motions, hearings, and appeals in the
76	proceeding.
77	2.  The application for an award of attorney's fees must be
78	made within 60 days after the date that the small business party
79	becomes a prevailing small business party.
80	Section 3.  Paragraph (b) of subsection (5) of section
81	120.54, Florida Statutes, is amended to read:
82	120.54  Rulemaking.-
83	(5)  UNIFORM RULES.-
84	(b)  The uniform rules of procedure adopted by the
85	commission pursuant to this subsection shall include, but are
86	not limited to:
87	1.  Uniform rules for the scheduling of public meetings,
88	hearings, and workshops.
89	2.  Uniform rules for use by each state agency that provide
90	procedures for conducting public meetings, hearings, and
91	workshops, and for taking evidence, testimony, and argument at
92	such public meetings, hearings, and workshops, in person and by
93	means of communications media technology. The rules shall
94	provide that all evidence, testimony, and argument presented
95	shall be afforded equal consideration, regardless of the method
96	of communication. If a public meeting, hearing, or workshop is
97	to be conducted by means of communications media technology, or
98	if attendance may be provided by such means, the notice shall so
99	state. The notice for public meetings, hearings, and workshops
100	utilizing communications media technology shall state how
101	persons interested in attending may do so and shall name
102	locations, if any, where communications media technology
103	facilities will be available. Nothing in this paragraph shall be
104	construed to diminish the right to inspect public records under
105	chapter 119. Limiting points of access to public meetings,
106	hearings, and workshops subject to the provisions of s. 286.011
107	to places not normally open to the public shall be presumed to
108	violate the right of access of the public, and any official
109	action taken under such circumstances is void and of no effect.
110	Other laws relating to public meetings, hearings, and workshops,
111	including penal and remedial provisions, shall apply to public
112	meetings, hearings, and workshops conducted by means of
113	communications media technology, and shall be liberally
114	construed in their application to such public meetings,
115	hearings, and workshops. As used in this subparagraph,
116	"communications media technology" means the electronic
117	transmission of printed matter, audio, full-motion video,
118	freeze-frame video, compressed video, and digital video by any
119	method available.
120	3.  Uniform rules of procedure for the filing of notice of
121	protests and formal written protests. The Administration
122	Commission may prescribe the form and substantive provisions of
123	a required bond.
124	4.  Uniform rules of procedure for the filing of petitions
125	for administrative hearings pursuant to s. 120.569 or s. 120.57.
126	Such rules shall require the petition to include:
127	a.  The identification of the petitioner, including the
128	petitioner's e-mail address, if any, for the transmittal of
129	subsequent documents by electronic means.
130	b.  A statement of when and how the petitioner received
131	notice of the agency's action or proposed action.
132	c.  An explanation of how the petitioner's substantial
133	interests are or will be affected by the action or proposed
134	action.
135	d.  A statement of all material facts disputed by the
136	petitioner or a statement that there are no disputed facts.
137	e.  A statement of the ultimate facts alleged, including a
138	statement of the specific facts the petitioner contends warrant
139	reversal or modification of the agency's proposed action.
140	f.  A statement of the specific rules or statutes that the
141	petitioner contends require reversal or modification of the
142	agency's proposed action, including an explanation of how the
143	alleged facts relate to the specific rules or statutes.
144	g.  A statement of the relief sought by the petitioner,
145	stating precisely the action petitioner wishes the agency to
146	take with respect to the proposed action.
147	5.  Uniform rules for the filing of request for
148	administrative hearing by a respondent in agency enforcement and
149	disciplinary actions. Such rules shall require a request to
150	include:
151	a.  The name, address, e-mail address, and telephone number
152	of the party making the request and the name, address, e-mail
153	address, and telephone number of the party's counsel or
154	qualified representative upon whom service of pleadings and
155	other papers shall be made;
156	b.  A statement that the respondent is requesting an
157	administrative hearing and disputes the material facts alleged
158	by the petitioner, in which case the respondent shall identify
159	those material facts that are in dispute, or that the respondent
160	is requesting an administrative hearing and does not dispute the
161	material facts alleged by the petitioner; and
162	c.  A reference by file number to the administrative
163	complaint that the party has received from the agency and the
164	date on which the agency pleading was received.
165
166	The agency may provide an election-of-rights form for the
167	respondent's use in requesting a hearing, so long as any form
168	provided by the agency calls for the information in sub-
169	subparagraphs a. through c. and does not impose any additional
170	requirements on a respondent in order to request a hearing,
171	unless such requirements are specifically authorized by law.
172	6.  Uniform rules of procedure for the filing and prompt
173	disposition of petitions for declaratory statements. The rules
174	shall also describe the contents of the notices that must be
175	published in the Florida Administrative Weekly under s. 120.565,
176	including any applicable time limit for the filing of petitions
177	to intervene or petitions for administrative hearing by persons
178	whose substantial interests may be affected.
179	7.  Provision of a method by which each agency head shall
180	provide a description of the agency's organization and general
181	course of its operations. The rules shall require that the
182	statement concerning the agency's organization and operations be
183	published on the agency's website.
184	8.  Uniform rules establishing procedures for granting or
185	denying petitions for variances and waivers pursuant to s.
186	120.542.
187	Section 4.  Paragraphs (c) and (d) of subsection (1) of
188	section 120.56, Florida Statutes, are amended to read:
189	120.56  Challenges to rules.-
190	(1)  GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A
191	RULE OR A PROPOSED RULE.-
192	(c)  The petition shall be filed by electronic means with
193	the division, which shall, immediately upon filing, forward by
194	electronic means copies to the agency whose rule is challenged,
195	the Department of State, and the committee. Within 10 days after
196	receiving the petition, the division director shall, if the
197	petition complies with the requirements of paragraph (b), assign
198	an administrative law judge who shall conduct a hearing within
199	30 days thereafter, unless the petition is withdrawn or a
200	continuance is granted by agreement of the parties or for good
201	cause shown. Evidence of good cause includes, but is not limited
202	to, written notice of an agency's decision to modify or withdraw
203	the proposed rule or a written notice from the chair of the
204	committee stating that the committee will consider an objection
205	to the rule at its next scheduled meeting. The failure of an
206	agency to follow the applicable rulemaking procedures or
207	requirements set forth in this chapter shall be presumed to be
208	material; however, the agency may rebut this presumption by
209	showing that the substantial interests of the petitioner and the
210	fairness of the proceedings have not been impaired.
211	(d)  Within 30 days after the hearing, the administrative
212	law judge shall render a decision and state the reasons therefor
213	in writing. The division shall forthwith transmit by electronic
214	means copies of the administrative law judge's decision to the
215	agency, the Department of State, and the committee.
216	Section 5.  Paragraph (a) of subsection (2) of section
217	120.569, Florida Statutes, is amended to read:
218	120.569  Decisions which affect substantial interests.-
219	(2)(a)  Except for any proceeding conducted as prescribed
220	in s. 120.56, a petition or request for a hearing under this
221	section shall be filed with the agency. If the agency requests
222	an administrative law judge from the division, it shall so
223	notify the division by electronic means through the division's
224	website within 15 days after receipt of the petition or request.
225	A request for a hearing shall be granted or denied within 15
226	days after receipt. On the request of any agency, the division
227	shall assign an administrative law judge with due regard to the
228	expertise required for the particular matter. The referring
229	agency shall take no further action with respect to a proceeding
230	under s. 120.57(1), except as a party litigant, as long as the
231	division has jurisdiction over the proceeding under s.
232	120.57(1). Any party may request the disqualification of the
233	administrative law judge by filing an affidavit with the
234	division prior to the taking of evidence at a hearing, stating
235	the grounds with particularity.
236	Section 6.  Paragraph (d) of subsection (3) of section
237	120.57, Florida Statutes, is amended to read:
238	120.57  Additional procedures for particular cases.-
239	(3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
240	CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter
241	shall use the uniform rules of procedure, which provide
242	procedures for the resolution of protests arising from the
243	contract solicitation or award process. Such rules shall at
244	least provide that:
245	(d)1.  The agency shall provide an opportunity to resolve
246	the protest by mutual agreement between the parties within 7
247	days, excluding Saturdays, Sundays, and state holidays, after
248	receipt of a formal written protest.
249	2.  If the subject of a protest is not resolved by mutual
250	agreement within 7 days, excluding Saturdays, Sundays, and state
251	holidays, after receipt of the formal written protest, and if
252	there is no disputed issue of material fact, an informal
253	proceeding shall be conducted pursuant to subsection (2) and
254	applicable agency rules before a person whose qualifications
255	have been prescribed by rules of the agency.
256	3.  If the subject of a protest is not resolved by mutual
257	agreement within 7 days, excluding Saturdays, Sundays, and state
258	holidays, after receipt of the formal written protest, and if
259	there is a disputed issue of material fact, the agency shall
260	refer the protest to the division by electronic means through
261	the division's website for proceedings under subsection (1).
262	Section 7.  Section 120.585, Florida Statutes, is created
263	to read:
264	120.585  Electronic filing.-All documents filed with the
265	division by a party represented by an attorney must be filed by
266	electronic means through the division's website. All documents
267	filed with the division by a party not represented by an
268	attorney shall, whenever possible, be filed by electronic means
269	through the division's website.
270	Section 8.  Section 287.05721, Florida Statutes, is amended
271	to read:
272	287.05721  Definitions.-As used in ss. 287.0571-287.0574,
273	the term:
274	(1)  "Council" means the Council on Efficient Government.
275	(2)  "outsource" means the process of contracting with a
276	vendor to provide a service as defined in s. 216.011(1)(f), in
277	whole or in part, or an activity as defined in s.
278	216.011(1)(rr), while a state agency retains the responsibility
279	and accountability for the service or activity and there is a
280	transfer of management responsibility for the delivery of
281	resources and the performance of those resources.
282	Section 9.  Section 287.0573, Florida Statutes, is
283	repealed.
284	Section 10.  Section 287.0574, Florida Statutes, is amended
285	to read:
286	287.0574  Business cases to outsource; review and analysis;
287	requirements.-
288	(1)  A business case to outsource having a projected cost
289	exceeding $10 million in any fiscal year shall require:
290	(a)  An initial business case analysis conducted by the
291	state agency and submitted to the council, the Governor, the
292	President of the Senate, and the Speaker of the House of
293	Representatives at least 60 days before a solicitation is
294	issued. The council shall evaluate the business case analysis
295	and submit an advisory report to the state agency, the Governor,
296	the President of the Senate, and the Speaker of the House of
297	Representatives when the advisory report is completed, but at
298	least 30 days before the agency issues the solicitation.
299	(b)  A final business case analysis conducted by the state
300	agency and submitted after the conclusion of any negotiations,
301	at least 30 days before execution of a contract, to the council,
302	the Governor, the President of the Senate, and the Speaker of
303	the House of Representatives.
304	(2)  A proposal to outsource having a projected cost that
305	ranges from $1 million to $10 million in any fiscal year shall
306	require:
307	(a)  An initial business case analysis conducted by the
308	state agency and submission of the business case, at least 30
309	days before issuing a solicitation, to the council, the
310	Governor, the President of the Senate, and the Speaker of the
311	House of Representatives.
312	(b)  A final business case analysis conducted by the state
313	agency and submitted after the conclusion of any negotiations,
314	at least 30 days before execution of a contract, to the council,
315	the Governor, the President of the Senate, and the Speaker of
316	the House of Representatives.
317	(3)  A business case to outsource having a projected cost
318	that is less than $1 million in any fiscal year shall require a
319	final business case analysis conducted by the state agency after
320	the conclusion of any negotiations and provided at least 30 days
321	before execution of a contract to the department council. The
322	council shall provide such business cases in its annual report
323	to the Legislature.
324	(4)  For any proposed outsourcing, the state agency shall
325	develop a business case that justifies the proposal to
326	outsource. In order to reduce any administrative burden, the
327	council may allow a state agency may to submit the business case
328	in the form required by the budget instructions issued pursuant
329	to s. 216.023(4)(a)7., augmented with additional information if
330	necessary, to ensure that the requirements of this section are
331	met. The business case is not subject to challenge or protest
332	pursuant to chapter 120. The business case must include, but
333	need not be limited to:
334	(a)  A detailed description of the service or activity for
335	which the outsourcing is proposed.
336	(b)  A description and analysis of the state agency's
337	current performance, based on existing performance metrics if
338	the state agency is currently performing the service or
339	activity.
340	(c)  The goals desired to be achieved through the proposed
341	outsourcing and the rationale for such goals.
342	(d)  A citation to the existing or proposed legal authority
343	for outsourcing the service or activity.
344	(e)  A description of available options for achieving the
345	goals. If state employees are currently performing the service
346	or activity, at least one option involving maintaining state
347	provision of the service or activity shall be included.
348	(f)  An analysis of the advantages and disadvantages of
349	each option, including, at a minimum, potential performance
350	improvements and risks.
351	(g)  A description of the current market for the
352	contractual services that are under consideration for
353	outsourcing.
354	(h)  A cost-benefit analysis documenting the direct and
355	indirect specific baseline costs, savings, and qualitative and
356	quantitative benefits involved in or resulting from the
357	implementation of the recommended option or options. Such
358	analysis must specify the schedule that, at a minimum, must be
359	adhered to in order to achieve the estimated savings. All
360	elements of cost must be clearly identified in the cost-benefit
361	analysis, described in the business case, and supported by
362	applicable records and reports. The state agency head shall
363	attest that, based on the data and information underlying the
364	business case, to the best of his or her knowledge, all
365	projected costs, savings, and benefits are valid and achievable.
366	As used in this section, the term "cost" means the reasonable,
367	relevant, and verifiable cost, which may include, but is not
368	limited to, elements such as personnel, materials and supplies,
369	services, equipment, capital depreciation, rent, maintenance and
370	repairs, utilities, insurance, personnel travel, overhead, and
371	interim and final payments. The appropriate elements shall
372	depend on the nature of the specific initiative. As used in this
373	section, the term "savings" means the difference between the
374	direct and indirect actual annual baseline costs compared to the
375	projected annual cost for the contracted functions or
376	responsibilities in any succeeding state fiscal year during the
377	term of the contract.
378	(i)  A description of differences among current state
379	agency policies and processes and, as appropriate, a discussion
380	of options for or a plan to standardize, consolidate, or revise
381	current policies and processes, if any, to reduce the
382	customization of any proposed solution that would otherwise be
383	required.
384	(j)  A description of the specific performance standards
385	that must, at a minimum, be met to ensure adequate performance.
386	(k)  The projected timeframe for key events from the
387	beginning of the procurement process through the expiration of a
388	contract.
389	(l)  A plan to ensure compliance with the public records
390	law.
391	(m)  A specific and feasible contingency plan addressing
392	contractor nonperformance and a description of the tasks
393	involved in and costs required for its implementation.
394	(n)  A state agency's transition plan for addressing
395	changes in the number of agency personnel, affected business
396	processes, employee transition issues, and communication with
397	affected stakeholders, such as agency clients and the public.
398	The transition plan must contain a reemployment and retraining
399	assistance plan for employees who are not retained by the state
400	agency or employed by the contractor.
401	(o)  A plan for ensuring access by persons with
402	disabilities in compliance with applicable state and federal
403	law.
404	(p)  A description of legislative and budgetary actions
405	necessary to accomplish the proposed outsourcing.
406	(5)  In addition to the contract requirements provided in
407	s. 287.058, each contract for a proposed outsourcing, pursuant
408	to this section, must include, but need not be limited to, the
409	following contractual provisions:
410	(a)  A scope-of-work provision that clearly specifies each
411	service or deliverable to be provided, including a description
412	of each deliverable or activity that is quantifiable,
413	measurable, and verifiable. This provision must include a clause
414	that states if a particular service or deliverable is
415	inadvertently omitted or not clearly specified but determined to
416	be operationally necessary and verified to have been performed
417	by the agency within the 12 months before the execution of the
418	contract, such service or deliverable will be provided by the
419	contractor through the identified contract-amendment process.
420	(b)  A service-level-agreement provision describing all
421	services to be provided under the terms of the agreement, the
422	state agency's service requirements and performance objectives,
423	specific responsibilities of the state agency and the
424	contractor, and the process for amending any portion of the
425	service-level agreement. Each service-level agreement must
426	contain an exclusivity clause that allows the state agency to
427	retain the right to perform the service or activity, directly or
428	with another contractor, if service levels are not being
429	achieved.
430	(c)  A provision that identifies all associated costs,
431	specific payment terms, and payment schedules, including
432	provisions governing incentives and financial disincentives and
433	criteria governing payment.
434	(d)  A provision that identifies a clear and specific
435	transition plan that will be implemented in order to complete
436	all required activities needed to transfer the service or
437	activity from the state agency to the contractor and operate the
438	service or activity successfully.
439	(e)  A performance-standards provision that identifies all
440	required performance standards, which must include, at a
441	minimum:
442	1.  Detailed and measurable acceptance criteria for each
443	deliverable and service to be provided to the state agency under
444	the terms of the contract which document the required
445	performance level.
446	2.  A method for monitoring and reporting progress in
447	achieving specified performance standards and levels.
448	3.  The sanctions or disincentives that shall be imposed
449	for nonperformance by the contractor or state agency.
450	(f)  A provision that requires the contractor and its
451	subcontractors to maintain adequate accounting records that
452	comply with all applicable federal and state laws and generally
453	accepted accounting principles.
454	(g)  A provision that authorizes the state agency to have
455	access to and to audit all records related to the contract and
456	subcontracts, or any responsibilities or functions under the
457	contract and subcontracts, for purposes of legislative
458	oversight, and a requirement for audits by a service
459	organization in accordance with professional auditing standards,
460	if appropriate.
461	(h)  A provision that requires the contractor to interview
462	and consider for employment with the contractor each displaced
463	state employee who is interested in such employment.
464	(i)  A contingency-plan provision that describes the
465	mechanism for continuing the operation of the service or
466	activity, including transferring the service or activity back to
467	the state agency or successor contractor if the contractor fails
468	to perform and comply with the performance standards and levels
469	of the contract and the contract is terminated.
470	(j)  A provision that requires the contractor and its
471	subcontractors to comply with public records laws, specifically
472	to:
473	1.  Keep and maintain the public records that ordinarily
474	and necessarily would be required by the state agency in order
475	to perform the service or activity.
476	2.  Provide the public with access to such public records
477	on the same terms and conditions that the state agency would
478	provide the records and at a cost that does not exceed that
479	provided in chapter 119 or as otherwise provided by law.
480	3.  Ensure that records that are exempt or records that are
481	confidential and exempt are not disclosed except as authorized
482	by law.
483	4.  Meet all requirements for retaining records and
484	transfer to the state agency, at no cost, all public records in
485	possession of the contractor upon termination of the contract
486	and destroy any duplicate public records that are exempt or
487	confidential and exempt. All records stored electronically must
488	be provided to the state agency in a format that is compatible
489	with the information technology systems of the state agency.
490	(k)  A provision that addresses ownership of intellectual
491	property. This paragraph does not provide the specific authority
492	needed by an agency to obtain a copyright or trademark.
493	(l)  If applicable, a provision that allows the agency to
494	purchase from the contractor, at its depreciated value, assets
495	used by the contractor in the performance of the contract. If
496	assets have not depreciated, the agency shall retain the right
497	to negotiate to purchase at an agreed-upon cost.
498	Section 11.  Subsection (2) and paragraph (e) of subsection
499	(3) of section 287.0943, Florida Statutes, are amended to read:
500	287.0943  Certification of minority business enterprises.-
501	(2)(a)  The office is hereby directed to convene a
502	"Minority Business Certification Task Force." The task force
503	shall meet as often as necessary, but no less frequently than
504	annually.
505	(b)  The task force shall be regionally balanced and
506	comprised of officials representing the department, counties,
507	municipalities, school boards, special districts, and other
508	political subdivisions of the state who administer programs to
509	assist minority businesses in procurement or development in
510	government-sponsored programs. The following organizations may
511	appoint two members each of the task force who fit the
512	description above:
513	1.  The Florida League of Cities, Inc.
514	2.  The Florida Association of Counties.
515	3.  The Florida School Boards Association, Inc.
516	4.  The Association of Special Districts.
517	5.  The Florida Association of Minority Business Enterprise
518	Officials.
519	6.  The Florida Association of Government Purchasing
520	Officials.
521
522	In addition, the Office of Supplier Diversity shall appoint
523	seven members consisting of three representatives of minority
524	business enterprises, one of whom should be a woman business
525	owner, two officials of the office, and two at-large members to
526	ensure balance. The chairperson of the Legislative Committee on
527	Intergovernmental Relations or a designee shall be a member of
528	the task force, ex officio. A quorum shall consist of one-third
529	of the current members, and the task force may take action by
530	majority vote. Any vacancy may only be filled by the
531	organization or agency originally authorized to appoint the
532	position.
533	(c)  The purpose of the task force will be to propose
534	uniform criteria and procedures by which participating entities
535	and organizations can qualify businesses to participate in
536	procurement or contracting programs as certified minority
537	business enterprises in accordance with the certification
538	criteria established by law.
539	(d)  A final list of the criteria and procedures proposed
540	by the task force shall be considered by the secretary. The task
541	force may seek technical assistance from qualified providers of
542	technical, business, and managerial expertise to ensure the
543	reliability of the certification criteria developed.
544	(a)(e)  In assessing the status of ownership and control,
545	certification criteria shall, at a minimum:
546	1.  Link ownership by a minority person, as defined in s.
547	288.703(3), or as dictated by the legal obligations of a
548	certifying organization, to day-to-day control and financial
549	risk by the qualifying minority owner, and to demonstrated
550	expertise or licensure of a minority owner in any trade or
551	profession that the minority business enterprise will offer to
552	the state when certified. Businesses must comply with all state
553	licensing requirements prior to becoming certified as a minority
554	business enterprise.
555	2.  If present ownership was obtained by transfer, require
556	the minority person on whom eligibility is based to have owned
557	at least 51 percent of the applicant firm for a minimum of 2
558	years, when any previous majority ownership interest in the firm
559	was by a nonminority who is or was a relative, former employer,
560	or current employer of the minority person on whom eligibility
561	is based. This requirement shall not apply to minority persons
562	who are otherwise eligible who take a 51-percent-or-greater
563	interest in a firm that requires professional licensure to
564	operate and who will be the qualifying licenseholder for the
565	firm when certified. A transfer made within a related immediate
566	family group from a nonminority person to a minority person in
567	order to establish ownership by a minority person shall be
568	deemed to have been made solely for purposes of satisfying
569	certification criteria and shall render such ownership invalid
570	for purposes of qualifying for such certification if the
571	combined total net asset value of all members of such family
572	group exceeds $1 million. For purposes of this subparagraph, the
573	term "related immediate family group" means one or more children
574	under 16 years of age and a parent of such children or the
575	spouse of such parent residing in the same house or living unit.
576	3.  Require that prospective certified minority business
577	enterprises be currently performing or seeking to perform a
578	useful business function. A "useful business function" is
579	defined as a business function which results in the provision of
580	materials, supplies, equipment, or services to customers. Acting
581	as a conduit to transfer funds to a nonminority business does
582	not constitute a useful business function unless it is done so
583	in a normal industry practice. As used in this section, the term
584	"acting as a conduit" means, in part, not acting as a regular
585	dealer by making sales of material, goods, or supplies from
586	items bought, kept in stock, and regularly sold to the public in
587	the usual course of business. Brokers, manufacturer's
588	representatives, sales representatives, and nonstocking
589	distributors are considered as conduits that do not perform a
590	useful business function, unless normal industry practice
591	dictates.
592	(b)(f)  When a business receives payments or awards
593	exceeding $100,000 in one fiscal year, a review of its
594	certification status or an audit will be conducted within 2
595	years. In addition, random reviews or audits will be conducted
596	as deemed appropriate by the Office of Supplier Diversity.
597	(c)(g)  The certification criteria approved by the task
598	force and adopted by the Department of Management Services shall
599	be included in a statewide and interlocal agreement as defined
600	in s. 287.09431 and, in accordance with s. 163.01, shall be
601	executed according to the terms included therein.
602	(d)(h)  The certification procedures should allow an
603	applicant seeking certification to designate on the application
604	form the information the applicant considers to be proprietary,
605	confidential business information. As used in this paragraph,
606	"proprietary, confidential business information" includes, but
607	is not limited to, any information that would be exempt from
608	public inspection pursuant to the provisions of chapter 119;
609	trade secrets; internal auditing controls and reports; contract
610	costs; or other information the disclosure of which would injure
611	the affected party in the marketplace or otherwise violate s.
612	286.041. The executor in receipt of the application shall issue
613	written and final notice of any information for which
614	noninspection is requested but not provided for by law.
615	(e)(i)  A business that is certified under the provisions
616	of the statewide and interlocal agreement shall be deemed a
617	certified minority enterprise in all jurisdictions or
618	organizations where the agreement is in effect, and that
619	business is deemed available to do business as such within any
620	such jurisdiction or with any such organization statewide. All
621	state agencies must accept minority business enterprises
622	certified in accordance with the statewide and interlocal
623	agreement of s. 287.09431, and that business shall also be
624	deemed a "certified minority business enterprise" as defined in
625	s. 288.703. However, any governmental jurisdiction or
626	organization that administers a minority business purchasing
627	program may reserve the right to establish further certification
628	procedures necessary to comply with federal law.
629	(j)  The statewide and interlocal agreement shall be guided
630	by the terms and conditions found therein and may be amended at
631	any meeting of the task force and subsequently adopted by the
632	secretary of the Department of Management Services. The amended
633	agreement must be enacted, initialed, and legally executed by at
634	least two-thirds of the certifying entities party to the
635	existing agreement and adopted by the state as originally
636	executed in order to bind the certifying entity.
637	(k)  The task force shall meet for the first time no later
638	than 45 days after the effective date of this act.
639	(3)
640	(e)  Any participating program receiving three or more
641	challenges to its certification decisions pursuant to subsection
642	(4) from other organizations that are executors to the statewide
643	and interlocal agreement, shall be subject to a review by the
644	office, as provided in paragraphs (a) and (b), of the
645	organization's capacity to perform under such agreement and in
646	accordance with the certification core criteria established by
647	the task force. The office shall submit a report to the
648	secretary of the Department of Management Services regarding the
649	results of the review.
650	Section 12.  Subsection (1) of section 287.0947, Florida
651	Statutes, is amended to read:
652	287.0947  Florida Advisory Council on Small and Minority
653	Business Development; creation; membership; duties.-
654	(1)  On or after October 1, 2010 1996, the secretary of the
655	Department of Management Services Labor and Employment Security
656	may create the Florida Advisory Council on Small and Minority
657	Business Development with the purpose of advising and assisting
658	the Office of Supplier Diversity secretary in carrying out the
659	office's secretary's duties with respect to minority businesses
660	and economic and business development. It is the intent of the
661	Legislature that the membership of such council include
662	practitioners, laypersons, financiers, and others with business
663	development experience who can provide invaluable insight and
664	expertise for this state in the diversification of its markets
665	and networking of business opportunities. The council shall
666	initially consist of 19 persons, each of whom is or has been
667	actively engaged in small and minority business development,
668	either in private industry, in governmental service, or as a
669	scholar of recognized achievement in the study of such matters.
670	Initially, the council shall consist of members representing all
671	regions of the state and shall include at least one member from
672	each group identified within the definition of "minority person"
673	in s. 288.703(3), considering also gender and nationality
674	subgroups, and shall consist of the following:
675	(a)  Four members consisting of representatives of local
676	and federal small and minority business assistance programs or
677	community development programs.
678	(b)  Eight members composed of representatives of the
679	minority private business sector, including certified minority
680	business enterprises and minority supplier development councils,
681	among whom at least two shall be women and at least four shall
682	be minority persons.
683	(c)  Two representatives of local government, one of whom
684	shall be a representative of a large local government, and one
685	of whom shall be a representative of a small local government.
686	(d)  Two representatives from the banking and insurance
687	industry.
688	(e)  Two members from the private business sector,
689	representing the construction and commodities industries.
690	(f)  The chairperson of the Florida Black Business
691	Investment Board or the chairperson's designee.
692
693	A candidate for appointment may be considered if eligible to be
694	certified as an owner of a minority business enterprise, or if
695	otherwise qualified under the criteria above. Vacancies may be
696	filled by appointment of the secretary, in the manner of the
697	original appointment.
698	Section 13.  Subsections (1) and (8) of section 440.192,
699	Florida Statutes, are amended to read:
700	440.192  Procedure for resolving benefit disputes.-
701	(1)  Any employee may, for any benefit that is ripe, due,
702	and owing, file by certified mail, or by electronic means
703	approved by the Deputy Chief Judge, with the Office of the
704	Judges of Compensation Claims a petition for benefits which
705	meets the requirements of this section and the definition of
706	specificity in s. 440.02. An employee represented by an attorney
707	shall file by electronic means approved by the Deputy Chief
708	Judge. An employee not represented by an attorney may file by
709	certified mail or by electronic means approved by the Deputy
710	Chief Judge. The department shall inform employees of the
711	location of the Office of the Judges of Compensation Claims and
712	the office's website address for purposes of filing a petition
713	for benefits. The employee shall also serve copies of the
714	petition for benefits by certified mail, or by electronic means
715	approved by the Deputy Chief Judge, upon the employer and the
716	employer's carrier. The Deputy Chief Judge shall refer the
717	petitions to the judges of compensation claims.
718	(8)  Within 14 days after receipt of a petition for
719	benefits by certified mail or by approved electronic means, the
720	carrier must either pay the requested benefits without prejudice
721	to its right to deny within 120 days from receipt of the
722	petition or file a response to petition with the Office of the
723	Judges of Compensation Claims. The response shall be filed by
724	electronic means approved by the Deputy Chief Judge. The carrier
725	must list all benefits requested but not paid and explain its
726	justification for nonpayment in the response to petition. A
727	carrier that does not deny compensability in accordance with s.
728	440.20(4) is deemed to have accepted the employee's injuries as
729	compensable, unless it can establish material facts relevant to
730	the issue of compensability that could not have been discovered
731	through reasonable investigation within the 120-day period. The
732	carrier shall provide copies of the response to the filing
733	party, employer, and claimant by certified mail or by electronic
734	means approved by the Deputy Chief Judge.
735	Section 14.  Subsection (1) and paragraphs (a), (c), and
736	(e) of subsection (4) of section 440.25, Florida Statutes, are
737	amended to read:
738	440.25  Procedures for mediation and hearings.-
739	(1)  Forty days after a petition for benefits is filed
740	under s. 440.192, the judge of compensation claims shall notify
741	the interested parties by order that a mediation conference
742	concerning such petition has been scheduled unless the parties
743	have notified the judge of compensation claims that a private
744	mediation has been held or is scheduled to be held. A mediation,
745	whether private or public, shall be held within 130 days after
746	the filing of the petition. Such order must give the date the
747	mediation conference is to be held. Such order may be served
748	personally upon the interested parties or may be sent to the
749	interested parties by mail or by electronic means approved by
750	the Deputy Chief Judge. If multiple petitions are pending, or if
751	additional petitions are filed after the scheduling of a
752	mediation, the judge of compensation claims shall consolidate
753	all petitions into one mediation. The claimant or the adjuster
754	of the employer or carrier may, at the mediator's discretion,
755	attend the mediation conference by telephone or, if agreed to by
756	the parties, other electronic means. A continuance may be
757	granted upon the agreement of the parties or if the requesting
758	party demonstrates to the judge of compensation claims that the
759	reason for requesting the continuance arises from circumstances
760	beyond the party's control. Any order granting a continuance
761	must set forth the date of the rescheduled mediation conference.
762	A mediation conference may not be used solely for the purpose of
763	mediating attorney's fees.
764	(4)(a)  If the parties fail to agree to written submission
765	of pretrial stipulations, the judge of compensation claims shall
766	conduct a live pretrial hearing. The judge of compensation
767	claims shall give the interested parties at least 14 days'
768	advance notice of the pretrial hearing by mail or by electronic
769	means approved by the Deputy Chief Judge.
770	(c)  The judge of compensation claims shall give the
771	interested parties at least 14 days' advance notice of the final
772	hearing, served upon the interested parties by mail or by
773	electronic means approved by the Deputy Chief Judge.
774	(e)  The order making an award or rejecting the claim,
775	referred to in this chapter as a "compensation order," shall set
776	forth the findings of ultimate facts and the mandate; and the
777	order need not include any other reason or justification for
778	such mandate. The compensation order shall be filed in the
779	Office of the Judges of Compensation Claims at Tallahassee. A
780	copy of such compensation order shall be sent by mail or by
781	electronic means approved by the Deputy Chief Judge to the
782	parties and attorneys of record and any parties not represented
783	by an attorney at the last known address of each, with the date
784	of mailing noted thereon.
785	Section 15.  Subsection (3) of section 440.29, Florida
786	Statutes, is amended to read:
787	440.29  Procedure before the judge of compensation claims.-
788	(3)  The practice and procedure before the judges of
789	compensation claims shall be governed by rules adopted by the
790	Office of the Judges of Compensation Claims Supreme Court,
791	except to the extent that such rules conflict with the
792	provisions of this chapter.
793	Section 16.  Subsection (4) of section 440.45, Florida
794	Statutes, is amended to read:
795	440.45  Office of the Judges of Compensation Claims.-
796	(4)  The Office of the Judges of Compensation Claims shall
797	adopt rules to effectuate effect the purposes of this section.
798	Such rules shall include procedural rules applicable to workers'
799	compensation claim resolution, including rules requiring
800	electronic filing and service where deemed appropriate by the
801	Deputy Chief Judge, and uniform criteria for measuring the
802	performance of the office, including, but not limited to, the
803	number of cases assigned and resolved disposed, the age of
804	pending and resolved disposed cases, timeliness of decisions
805	decisionmaking, extraordinary fee awards, and other data
806	necessary for the judicial nominating commission to review the
807	performance of judges as required in paragraph (2)(c). The
808	workers' compensation rules of procedure approved by the Supreme
809	Court apply until the rules adopted by the Office of the Judges
810	of Compensation Claims pursuant to this section become
811	effective.
812	Section 17.  Paragraph (b) of subsection (4) of section
813	553.73, Florida Statutes, is amended to read:
814	553.73  Florida Building Code.-
815	(4)
816	(b)  Local governments may, subject to the limitations of
817	this section, adopt amendments to the technical provisions of
818	the Florida Building Code which apply solely within the
819	jurisdiction of such government and which provide for more
820	stringent requirements than those specified in the Florida
821	Building Code, not more than once every 6 months. A local
822	government may adopt technical amendments that address local
823	needs if:
824	1.  The local governing body determines, following a public
825	hearing which has been advertised in a newspaper of general
826	circulation at least 10 days before the hearing, that there is a
827	need to strengthen the requirements of the Florida Building
828	Code. The determination must be based upon a review of local
829	conditions by the local governing body, which review
830	demonstrates by evidence or data that the geographical
831	jurisdiction governed by the local governing body exhibits a
832	local need to strengthen the Florida Building Code beyond the
833	needs or regional variation addressed by the Florida Building
834	Code, that the local need is addressed by the proposed local
835	amendment, and that the amendment is no more stringent than
836	necessary to address the local need.
837	2.  Such additional requirements are not discriminatory
838	against materials, products, or construction techniques of
839	demonstrated capabilities.
840	3.  Such additional requirements may not introduce a new
841	subject not addressed in the Florida Building Code.
842	4.  The enforcing agency shall make readily available, in a
843	usable format, all amendments adopted pursuant to this section.
844	5.  Any amendment to the Florida Building Code shall be
845	transmitted within 30 days by the adopting local government to
846	the commission. The commission shall maintain copies of all such
847	amendments in a format that is usable and obtainable by the
848	public. Local technical amendments shall not become effective
849	until 30 days after the amendment has been received and
850	published by the commission.
851	6.  Any amendment to the Florida Building Code adopted by a
852	local government pursuant to this paragraph shall be effective
853	only until the adoption by the commission of the new edition of
854	the Florida Building Code every third year. At such time, the
855	commission shall review such amendment for consistency with the
856	criteria in paragraph (8)(a) and adopt such amendment as part of
857	the Florida Building Code or rescind the amendment. The
858	commission shall immediately notify the respective local
859	government of the rescission of any amendment. After receiving
860	such notice, the respective local government may readopt the
861	rescinded amendment pursuant to the provisions of this
862	paragraph.
863	7.  Each county and municipality desiring to make local
864	technical amendments to the Florida Building Code shall by
865	interlocal agreement establish a countywide compliance review
866	board to review any amendment to the Florida Building Code,
867	adopted by a local government within the county pursuant to this
868	paragraph, that is challenged by any substantially affected
869	party for purposes of determining the amendment's compliance
870	with this paragraph. If challenged, the local technical
871	amendments shall not become effective until time for filing an
872	appeal pursuant to subparagraph 8. has expired or, if there is
873	an appeal, until the commission issues its final order
874	determining the adopted amendment is in compliance with this
875	subsection.
876	8.  If the compliance review board determines such
877	amendment is not in compliance with this paragraph, the
878	compliance review board shall notify such local government of
879	the noncompliance and that the amendment is invalid and
880	unenforceable until the local government corrects the amendment
881	to bring it into compliance. The local government may appeal the
882	decision of the compliance review board to the commission. If
883	the compliance review board determines such amendment to be in
884	compliance with this paragraph, any substantially affected party
885	may appeal such determination to the commission. Any such appeal
886	shall be filed with the commission within 14 days of the board's
887	written determination. The commission shall promptly refer the
888	appeal to the Division of Administrative Hearings by electronic
889	means through the division's website for the assignment of an
890	administrative law judge. The administrative law judge shall
891	conduct the required hearing within 30 days, and shall enter a
892	recommended order within 30 days of the conclusion of such
893	hearing. The commission shall enter a final order within 30 days
894	thereafter. The provisions of chapter 120 and the uniform rules
895	of procedure shall apply to such proceedings. The local
896	government adopting the amendment that is subject to challenge
897	has the burden of proving that the amendment complies with this
898	paragraph in proceedings before the compliance review board and
899	the commission, as applicable. Actions of the commission are
900	subject to judicial review pursuant to s. 120.68. The compliance
901	review board shall determine whether its decisions apply to a
902	respective local jurisdiction or apply countywide.
903	9.  An amendment adopted under this paragraph shall include
904	a fiscal impact statement which documents the costs and benefits
905	of the proposed amendment. Criteria for the fiscal impact
906	statement shall include the impact to local government relative
907	to enforcement, the impact to property and building owners, as
908	well as to industry, relative to the cost of compliance. The
909	fiscal impact statement may not be used as a basis for
910	challenging the amendment for compliance.
911	10.  In addition to subparagraphs 7. and 9., the commission
912	may review any amendments adopted pursuant to this subsection
913	and make nonbinding recommendations related to compliance of
914	such amendments with this subsection.
915	Section 18.  Subsection (1) of section 760.03, Florida
916	Statutes, is reenacted.
917	Section 19.  Subsections (3), (7), and (8) of section
918	760.11, Florida Statutes, are amended to read:
919	760.11  Administrative and civil remedies; construction.-
920	(3)  Except as provided in subsection (2), the commission
921	shall investigate the allegations in the complaint. Within 240
922	180 days after of the filing of the complaint or, effective July
923	1, 2013, within 180 days after the filing of the complaint, the
924	commission shall determine if there is reasonable cause to
925	believe that discriminatory practice has occurred in violation
926	of the Florida Civil Rights Act of 1992. When the commission
927	determines whether or not there is reasonable cause, the
928	commission by registered mail shall promptly notify the
929	aggrieved person and the respondent of the reasonable cause
930	determination, the date of such determination, and the options
931	available under this section.
932	(7)  If the commission determines that there is not
933	reasonable cause to believe that a violation of the Florida
934	Civil Rights Act of 1992 has occurred, the commission shall
935	dismiss the complaint. The aggrieved person may request an
936	administrative hearing under ss. 120.569 and 120.57, but any
937	such request must be made within 35 days after of the date of
938	determination of reasonable cause and any such hearing shall be
939	heard by an administrative law judge and not by the commission
940	or a commissioner. An aggrieved person seeking administrative
941	relief shall submit a $200 filing fee to the Division of
942	Administrative Hearings, which shall be waived upon a finding
943	that the aggrieved person is indigent pursuant to s. 57.081. The
944	division, in its discretion, may provide for the recovery of the
945	filing fee if the aggrieved person prevails at the hearing. If
946	the aggrieved person does not request an administrative hearing
947	within the 35-day period 35 days, the claim will be barred. If
948	the administrative law judge finds that a violation of the
949	Florida Civil Rights Act of 1992 has occurred, he or she shall
950	issue an appropriate recommended order to the commission
951	prohibiting the practice and recommending affirmative relief
952	from the effects of the practice, including back pay. Within 90
953	days after of the date the recommended order is rendered, the
954	commission shall issue a final order by adopting, rejecting, or
955	modifying the recommended order as provided under ss. 120.569
956	and 120.57. The 90-day period may be extended with the consent
957	of all the parties. In any action or proceeding under this
958	subsection, the commission, in its discretion, may allow the
959	prevailing party a reasonable attorney's fee as part of the
960	costs. It is the intent of the Legislature that this provision
961	for attorney's fees be interpreted in a manner consistent with
962	federal case law involving a Title VII action. If In the event
963	the final order issued by the commission determines that a
964	violation of the Florida Civil Rights Act of 1992 has occurred,
965	the aggrieved person may bring, within 1 year after of the date
966	of the final order, a civil action under subsection (5) as if
967	there has been a reasonable cause determination or accept the
968	affirmative relief offered by the commission, but not both.
969	(8)  If In the event that the commission fails to
970	conciliate or determine whether there is reasonable cause on any
971	complaint under this section within 240 180 days after of the
972	filing of the complaint or, effective July 1, 2013, within 180
973	days after the filing of the complaint, an aggrieved person may
974	proceed under subsection (4), as if the commission determined
975	that there was reasonable cause.
976	Section 20.  Subsection (2) of section 766.305, Florida
977	Statutes, is amended to read:
978	766.305  Filing of claims and responses; medical
979	disciplinary review.-
980	(2)  The claimant shall furnish the division with as many
981	copies of the petition as required for service upon the
982	association, any physician and hospital named in the petition,
983	and the Division of Medical Quality Assurance, along with a $15
984	filing fee of $15 payable to the Division of Administrative
985	Hearings. Upon receipt of the petition, the division shall
986	immediately serve the association, by service upon the agent
987	designated to accept service on behalf of the association, by
988	registered or certified mail, and shall mail copies of the
989	petition, by registered or certified mail, to any physician,
990	health care provider, and hospital named in the petition, and
991	shall furnish a copy by electronic means through the division's
992	website or regular mail to the Division of Medical Quality
993	Assurance, and the Agency for Health Care Administration, and
994	the association by service upon the agent designated to accept
995	service on behalf of the association.
996	Section 21.  Subsection (2) of section 766.309, Florida
997	Statutes, is amended to read:
998	766.309  Determination of claims; presumption; findings of
999	administrative law judge binding on participants.-
1000	(2)  If the administrative law judge determines that the
1001	injury alleged is not a birth-related neurological injury or
1002	that obstetrical services were not delivered by a participating
1003	physician at the birth, she or he shall enter an order and shall
1004	cause a copy of such order to be sent immediately to the parties
1005	by electronic means through the division's website or by regular
1006	registered or certified mail.
1007	Section 22.  Subsection (3) of section 766.31, Florida
1008	Statutes, is amended to read:
1009	766.31  Administrative law judge awards for birth-related
1010	neurological injuries; notice of award.-
1011	(3)  A copy of the award shall be sent immediately by
1012	electronic means through the division's website or by regular
1013	registered or certified mail to each person served with a copy
1014	of the petition under s. 766.305(2).
1015	Section 23.  Paragraph (b) of subsection (4) of section
1016	961.03, Florida Statutes, is amended to read:
1017	961.03  Determination of status as a wrongfully
1018	incarcerated person; determination of eligibility for
1019	compensation.-
1020	(4)
1021	(b)  If the prosecuting authority responds as set forth in
1022	paragraph (2)(b), and the court determines that the petitioner
1023	is eligible under the provisions of s. 961.04, but the
1024	prosecuting authority contests the nature, significance or
1025	effect of the evidence of actual innocence, or the facts related
1026	to the petitioner's alleged wrongful incarceration, the court
1027	shall set forth its findings and transfer the petition by
1028	electronic means through the division's website to the division
1029	for findings of fact and a recommended determination of whether
1030	the petitioner has established that he or she is a wrongfully
1031	incarcerated person who is eligible for compensation under this
1032	act.
1033	Section 24.  This act shall take effect July 1, 2010.

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