CS/HB 7163

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 of Management Services; amending ss. 57.111,
6	120.56, 120.569, 120.57, 552.40, 553.73, and 961.03, F.S.;
7	providing for electronic filing and transmission
8	procedures for certain actions, proceedings, and
9	petitions; conforming provisions to changes made by the
10	act; repealing s. 110.123(13), F.S., relating to creation
11	and duties of the Florida State Employee Wellness Council;
12	amending s. 120.54, F.S.; requiring a petitioner
13	requesting an administrative hearing to include the
14	petitioner's e-mail address; requiring the request for
15	administrative hearing by a respondent to include the e-
16	mail address of the party's counsel or qualified
17	representative; creating s. 120.585, F.S.; requiring an
18	attorney to use electronic means when filing a document
19	with the Division of Administrative Hearings; encouraging
20	a party not represented by an attorney to file documents
21	whenever possible by electronic means through the
22	division's website; amending s. 216.023, F.S.; requiring
23	each agency head to provide an annual inventory of all
24	wireless devices and expenditures containing specified
25	information; creating s. 282.712, F.S.; providing
26	legislative intent; providing requirements for the use of
27	wireless communication devices by agency employees;
28	providing requirements for the procurement of wireless
29	communication devices and services by agencies; requiring
30	the agency to conduct an audit of wireless communication
31	device expenditures; requiring reimbursement of costs
32	associated with certain personal use of wireless
33	communication devices by employees; requiring the
34	department to create, administer, and maintain a
35	centralized fleet of state-owned motor vehicles; requiring
36	the department to prepare a plan to centralize the fleet;
37	requiring the department to submit the plan to the
38	Governor and the Legislature by a specified date; amending
39	ss. 440.192 and 440.25, F.S.; providing and revising
40	procedures for filing petitions for benefits and other
41	documents in workers' compensation benefits proceedings to
42	provide for electronic filing and transmission under
43	certain circumstances; amending ss. 440.29 and 440.45,
44	F.S.; authorizing the Office of the Judges of Compensation
45	Claims to adopt rules for certain purposes; providing an
46	effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Subsection (1) of section 20.22, Florida
51	Statutes, is amended to read:
52	20.22  Department of Management Services.-There is created
53	a Department of Management Services.
54	(1)  The head of the Department of Management Services is
55	the Governor and Cabinet. The executive director of the
56	department Secretary of Management Services, who shall be
57	appointed by the Governor with the approval of each member of
58	the Cabinet and, subject to confirmation by the Senate, and
59	shall serve at the pleasure of the Governor and Cabinet.
60	Section 2.  Paragraph (b) of subsection (4) of section
61	57.111, Florida Statutes, is amended to read:
62	57.111  Civil actions and administrative proceedings
63	initiated by state agencies; attorneys' fees and costs.-
64	(4)
65	(b)1.  To apply for an award under this section, the
66	attorney for the prevailing small business party must submit an
67	itemized affidavit to the court which first conducted the
68	adversarial proceeding in the underlying action, or by
69	electronic means through the division's website to the Division
70	of Administrative Hearings, which shall assign an administrative
71	law judge, in the case of a proceeding pursuant to chapter 120,
72	which affidavit shall reveal the nature and extent of the
73	services rendered by the attorney as well as the costs incurred
74	in preparations, motions, hearings, and appeals in the
75	proceeding.
76	2.  The application for an award of attorney's fees must be
77	made within 60 days after the date that the small business party
78	becomes a prevailing small business party.
79	Section 3.  Subsection (13) of section 110.123, Florida
80	Statutes, is repealed.
81	Section 4.  Paragraph (b) of subsection (5) of section
82	120.54, Florida Statutes, is amended to read:
83	120.54  Rulemaking.-
84	(5)  UNIFORM RULES.-
85	(b)  The uniform rules of procedure adopted by the
86	commission pursuant to this subsection shall include, but are
87	not limited to:
88	1.  Uniform rules for the scheduling of public meetings,
89	hearings, and workshops.
90	2.  Uniform rules for use by each state agency that provide
91	procedures for conducting public meetings, hearings, and
92	workshops, and for taking evidence, testimony, and argument at
93	such public meetings, hearings, and workshops, in person and by
94	means of communications media technology. The rules shall
95	provide that all evidence, testimony, and argument presented
96	shall be afforded equal consideration, regardless of the method
97	of communication. If a public meeting, hearing, or workshop is
98	to be conducted by means of communications media technology, or
99	if attendance may be provided by such means, the notice shall so
100	state. The notice for public meetings, hearings, and workshops
101	utilizing communications media technology shall state how
102	persons interested in attending may do so and shall name
103	locations, if any, where communications media technology
104	facilities will be available. Nothing in this paragraph shall be
105	construed to diminish the right to inspect public records under
106	chapter 119. Limiting points of access to public meetings,
107	hearings, and workshops subject to the provisions of s. 286.011
108	to places not normally open to the public shall be presumed to
109	violate the right of access of the public, and any official
110	action taken under such circumstances is void and of no effect.
111	Other laws relating to public meetings, hearings, and workshops,
112	including penal and remedial provisions, shall apply to public
113	meetings, hearings, and workshops conducted by means of
114	communications media technology, and shall be liberally
115	construed in their application to such public meetings,
116	hearings, and workshops. As used in this subparagraph,
117	"communications media technology" means the electronic
118	transmission of printed matter, audio, full-motion video,
119	freeze-frame video, compressed video, and digital video by any
120	method available.
121	3.  Uniform rules of procedure for the filing of notice of
122	protests and formal written protests. The Administration
123	Commission may prescribe the form and substantive provisions of
124	a required bond.
125	4.  Uniform rules of procedure for the filing of petitions
126	for administrative hearings pursuant to s. 120.569 or s. 120.57.
127	Such rules shall require the petition to include:
128	a.  The identification of the petitioner, including the
129	petitioner's e-mail address, if any, for the transmittal of
130	subsequent documents by electronic means.
131	b.  A statement of when and how the petitioner received
132	notice of the agency's action or proposed action.
133	c.  An explanation of how the petitioner's substantial
134	interests are or will be affected by the action or proposed
135	action.
136	d.  A statement of all material facts disputed by the
137	petitioner or a statement that there are no disputed facts.
138	e.  A statement of the ultimate facts alleged, including a
139	statement of the specific facts the petitioner contends warrant
140	reversal or modification of the agency's proposed action.
141	f.  A statement of the specific rules or statutes that the
142	petitioner contends require reversal or modification of the
143	agency's proposed action, including an explanation of how the
144	alleged facts relate to the specific rules or statutes.
145	g.  A statement of the relief sought by the petitioner,
146	stating precisely the action petitioner wishes the agency to
147	take with respect to the proposed action.
148	5.  Uniform rules for the filing of request for
149	administrative hearing by a respondent in agency enforcement and
150	disciplinary actions. Such rules shall require a request to
151	include:
152	a.  The name, address, e-mail address, and telephone number
153	of the party making the request and the name, address, e-mail
154	address, and telephone number of the party's counsel or
155	qualified representative upon whom service of pleadings and
156	other papers shall be made;
157	b.  A statement that the respondent is requesting an
158	administrative hearing and disputes the material facts alleged
159	by the petitioner, in which case the respondent shall identify
160	those material facts that are in dispute, or that the respondent
161	is requesting an administrative hearing and does not dispute the
162	material facts alleged by the petitioner; and
163	c.  A reference by file number to the administrative
164	complaint that the party has received from the agency and the
165	date on which the agency pleading was received.
166
167	The agency may provide an election-of-rights form for the
168	respondent's use in requesting a hearing, so long as any form
169	provided by the agency calls for the information in sub-
170	subparagraphs a. through c. and does not impose any additional
171	requirements on a respondent in order to request a hearing,
172	unless such requirements are specifically authorized by law.
173	6.  Uniform rules of procedure for the filing and prompt
174	disposition of petitions for declaratory statements. The rules
175	shall also describe the contents of the notices that must be
176	published in the Florida Administrative Weekly under s. 120.565,
177	including any applicable time limit for the filing of petitions
178	to intervene or petitions for administrative hearing by persons
179	whose substantial interests may be affected.
180	7.  Provision of a method by which each agency head shall
181	provide a description of the agency's organization and general
182	course of its operations. The rules shall require that the
183	statement concerning the agency's organization and operations be
184	published on the agency's website.
185	8.  Uniform rules establishing procedures for granting or
186	denying petitions for variances and waivers pursuant to s.
187	120.542.
188	Section 5.  Paragraphs (c) and (d) of subsection (1) of
189	section 120.56, Florida Statutes, are amended to read:
190	120.56  Challenges to rules.-
191	(1)  GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A
192	RULE OR A PROPOSED RULE.-
193	(c)  The petition shall be filed by electronic means with
194	the division, which shall, immediately upon filing, forward by
195	electronic means copies to the agency whose rule is challenged,
196	the Department of State, and the committee. Within 10 days after
197	receiving the petition, the division director shall, if the
198	petition complies with the requirements of paragraph (b), assign
199	an administrative law judge who shall conduct a hearing within
200	30 days thereafter, unless the petition is withdrawn or a
201	continuance is granted by agreement of the parties or for good
202	cause shown. Evidence of good cause includes, but is not limited
203	to, written notice of an agency's decision to modify or withdraw
204	the proposed rule or a written notice from the chair of the
205	committee stating that the committee will consider an objection
206	to the rule at its next scheduled meeting. The failure of an
207	agency to follow the applicable rulemaking procedures or
208	requirements set forth in this chapter shall be presumed to be
209	material; however, the agency may rebut this presumption by
210	showing that the substantial interests of the petitioner and the
211	fairness of the proceedings have not been impaired.
212	(d)  Within 30 days after the hearing, the administrative
213	law judge shall render a decision and state the reasons therefor
214	in writing. The division shall forthwith transmit by electronic
215	means copies of the administrative law judge's decision to the
216	agency, the Department of State, and the committee.
217	Section 6.  Paragraph (a) of subsection (2) of section
218	120.569, Florida Statutes, is amended to read:
219	120.569  Decisions which affect substantial interests.-
220	(2)(a)  Except for any proceeding conducted as prescribed
221	in s. 120.56, a petition or request for a hearing under this
222	section shall be filed with the agency. If the agency requests
223	an administrative law judge from the division, it shall so
224	notify the division by electronic means through the division's
225	website within 15 days after receipt of the petition or request.
226	A request for a hearing shall be granted or denied within 15
227	days after receipt. On the request of any agency, the division
228	shall assign an administrative law judge with due regard to the
229	expertise required for the particular matter. The referring
230	agency shall take no further action with respect to a proceeding
231	under s. 120.57(1), except as a party litigant, as long as the
232	division has jurisdiction over the proceeding under s.
233	120.57(1). Any party may request the disqualification of the
234	administrative law judge by filing an affidavit with the
235	division prior to the taking of evidence at a hearing, stating
236	the grounds with particularity.
237	Section 7.  Paragraph (d) of subsection (3) of section
238	120.57, Florida Statutes, is amended to read:
239	120.57  Additional procedures for particular cases.-
240	(3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
241	CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter
242	shall use the uniform rules of procedure, which provide
243	procedures for the resolution of protests arising from the
244	contract solicitation or award process. Such rules shall at
245	least provide that:
246	(d)1.  The agency shall provide an opportunity to resolve
247	the protest by mutual agreement between the parties within 7
248	days, excluding Saturdays, Sundays, and state holidays, after
249	receipt of a formal written protest.
250	2.  If the subject of a protest is not resolved by mutual
251	agreement within 7 days, excluding Saturdays, Sundays, and state
252	holidays, after receipt of the formal written protest, and if
253	there is no disputed issue of material fact, an informal
254	proceeding shall be conducted pursuant to subsection (2) and
255	applicable agency rules before a person whose qualifications
256	have been prescribed by rules of the agency.
257	3.  If the subject of a protest is not resolved by mutual
258	agreement within 7 days, excluding Saturdays, Sundays, and state
259	holidays, after receipt of the formal written protest, and if
260	there is a disputed issue of material fact, the agency shall
261	refer the protest to the division by electronic means through
262	the division's website for proceedings under subsection (1).
263	Section 8.  Section 120.585, Florida Statutes, is created
264	to read:
265	120.585  Electronic filing.-Any document filed with the
266	division by a party represented by an attorney must be filed by
267	electronic means through the division's website. Any document
268	filed with the division by a party who is not represented by an
269	attorney shall, whenever possible, be filed by electronic means
270	through the division's website.
271	Section 9.  Subsections (6) through (9) of section 216.023,
272	Florida Statutes, are renumbered as subsections (7) through
273	(10), respectively, and a new subsection (6) is added to that
274	section to read:
275	216.023  Legislative budget requests to be furnished to
276	Legislature by agencies.-
277	(6)  As part of the legislative budget request, the head of
278	each agency shall include an annual inventory of all wireless
279	devices and expenditures, including the number of wireless
280	devices by type, expenditures by type of device, total
281	expenditures, a list of job classifications assigned a wireless
282	device, and the steps taken to contain costs.
283	Section 10.  Section 282.712, Florida Statutes, is created
284	to read:
285	282.712  Statewide wireless communication utilization.-
286	(1)  It is the intent of the Legislature that the
287	expenditure of public funds on wireless communication devices
288	shall be prohibited except as provided in this section.
289	(2)  Agencies shall limit assignment and use of cellular
290	telephones, personal digital assistants, and other wireless
291	communication devices to only those employees who, as part of
292	their official assigned duties, routinely must:
293	(a)  Be immediately available to citizens, supervisors, or
294	subordinates;
295	(b)  Be available to respond to emergency situations;
296	(c)  Be available to receive calls outside of regular
297	working hours;
298	(d)  Have access to the technology in order to productively
299	perform job duties in the field; or
300	(e)  Have limited or no access to a standard phone, or have
301	no ability to use a personal cell phone, if needed.
302	(3)  Agencies shall procure wireless communication devices
303	and services using SUNCOM Network Services unless otherwise
304	approved by the Department of Management Services. Agencies
305	shall obtain an exemption from the use of SUNCOM Network
306	Services prior to seeking approval to use a state term contract,
307	an alternate source contract, or other procurement method. In
308	seeking approval for an exemption, agencies shall provide a side
309	by side comparison of costs and benefits and the reasons for
310	deviating from SUNCOM Network Services. The department shall
311	approve such requests only upon a finding that an exemption from
312	the use of SUNCOM Network Services has been obtained pursuant to
313	s. 282.703(3) and upon a finding that the cost-benefit analysis
314	or agency justification supports the use of another procurement
315	method.
316	(4)  Agencies shall audit wireless communication device
317	expenditures to confirm that costs are associated with business
318	purposes. Any costs associated with personal use of a wireless
319	communication device by an employee shall be reimbursed to the
320	agency by that employee.
321	Section 11.  Centralized fleet management.-
322	(1)  The Department of Management Services is directed to
323	create, administer, and maintain a centralized fleet of state-
324	owned motor vehicles.
325	(2)  The department shall prepare a plan to centralize all
326	state-owned motor vehicles that provides a method for:
327	(a)  Assigning and administering motor vehicles to state
328	agencies and employees.
329	(b)  Managing a fleet of motor vehicles for short-term use.
330	(c)  Charging state agencies for the use of a motor
331	vehicle, including costs associated with vehicle replacement and
332	operating costs.
333	(d)  Purchasing motor vehicles necessary for the operation
334	of the centralized fleet.
335	(e)  Repairing and maintaining motor vehicles.
336	(f)  Monitoring the use of motor vehicles and enforcing
337	regulations regarding proper use.
338	(g)  Maintaining records related to the operation and
339	maintenance of motor vehicles and the administration of the
340	fleet.
341	(h)  Disposing of motor vehicles that are no longer
342	necessary to maintain the fleet or for vehicles that are not
343	used effectively as to establish motor cost savings.
344	(i)  Determining when it would be cost-efficient to lease a
345	motor vehicle from a third-party vendor instead of using a
346	state-owned vehicle.
347	(2)  In developing the plan, the department shall evaluate
348	the costs and benefits of operating a centralized motor vehicle
349	fleet compared to the costs and benefits of contracting with a
350	third-party vendor for the operation of a centralized motor
351	vehicle fleet.
352	(3)  By November 1, 2010, the department shall submit the
353	plan to the President of the Senate, the Speaker of the House of
354	Representatives, and the Governor and Cabinet.
355	Section 12.  Subsections (1) and (8) of section 440.192,
356	Florida Statutes, are amended to read:
357	440.192  Procedure for resolving benefit disputes.-
358	(1)  Any employee may, for any benefit that is ripe, due,
359	and owing, file by certified mail, or by electronic means
360	approved by the Deputy Chief Judge, with the Office of the
361	Judges of Compensation Claims a petition for benefits which
362	meets the requirements of this section and the definition of
363	specificity in s. 440.02. An employee represented by an attorney
364	shall file by electronic means approved by the Deputy Chief
365	Judge. An employee not represented by an attorney may file by
366	certified mail or by electronic means approved by the Deputy
367	Chief Judge. The department shall inform employees of the
368	location of the Office of the Judges of Compensation Claims and
369	the office's website address for purposes of filing a petition
370	for benefits. The employee shall also serve copies of the
371	petition for benefits by certified mail, or by electronic means
372	approved by the Deputy Chief Judge, upon the employer and the
373	employer's carrier. The Deputy Chief Judge shall refer the
374	petitions to the judges of compensation claims.
375	(8)  Within 14 days after receipt of a petition for
376	benefits by certified mail or by approved electronic means, the
377	carrier must either pay the requested benefits without prejudice
378	to its right to deny within 120 days from receipt of the
379	petition or file a response to petition with the Office of the
380	Judges of Compensation Claims. The response shall be filed by
381	electronic means approved by the Deputy Chief Judge. The carrier
382	must list all benefits requested but not paid and explain its
383	justification for nonpayment in the response to petition. A
384	carrier that does not deny compensability in accordance with s.
385	440.20(4) is deemed to have accepted the employee's injuries as
386	compensable, unless it can establish material facts relevant to
387	the issue of compensability that could not have been discovered
388	through reasonable investigation within the 120-day period. The
389	carrier shall provide copies of the response to the filing
390	party, employer, and claimant by certified mail or by electronic
391	means approved by the Deputy Chief Judge.
392	Section 13.  Subsection (1) and paragraphs (a), (c), and
393	(e) of subsection (4) of section 440.25, Florida Statutes, are
394	amended to read:
395	440.25  Procedures for mediation and hearings.-
396	(1)  Forty days after a petition for benefits is filed
397	under s. 440.192, the judge of compensation claims shall notify
398	the interested parties by order that a mediation conference
399	concerning such petition has been scheduled unless the parties
400	have notified the judge of compensation claims that a private
401	mediation has been held or is scheduled to be held. A mediation,
402	whether private or public, shall be held within 130 days after
403	the filing of the petition. Such order must give the date the
404	mediation conference is to be held. Such order may be served
405	personally upon the interested parties or may be sent to the
406	interested parties by mail or by electronic means approved by
407	the Deputy Chief Judge. If multiple petitions are pending, or if
408	additional petitions are filed after the scheduling of a
409	mediation, the judge of compensation claims shall consolidate
410	all petitions into one mediation. The claimant or the adjuster
411	of the employer or carrier may, at the mediator's discretion,
412	attend the mediation conference by telephone or, if agreed to by
413	the parties, other electronic means. A continuance may be
414	granted upon the agreement of the parties or if the requesting
415	party demonstrates to the judge of compensation claims that the
416	reason for requesting the continuance arises from circumstances
417	beyond the party's control. Any order granting a continuance
418	must set forth the date of the rescheduled mediation conference.
419	A mediation conference may not be used solely for the purpose of
420	mediating attorney's fees.
421	(4)(a)  If the parties fail to agree to written submission
422	of pretrial stipulations, the judge of compensation claims shall
423	conduct a live pretrial hearing. The judge of compensation
424	claims shall give the interested parties at least 14 days'
425	advance notice of the pretrial hearing by mail or by electronic
426	means approved by the Deputy Chief Judge.
427	(c)  The judge of compensation claims shall give the
428	interested parties at least 14 days' advance notice of the final
429	hearing, served upon the interested parties by mail or by
430	electronic means approved by the Deputy Chief Judge.
431	(e)  The order making an award or rejecting the claim,
432	referred to in this chapter as a "compensation order," shall set
433	forth the findings of ultimate facts and the mandate; and the
434	order need not include any other reason or justification for
435	such mandate. The compensation order shall be filed in the
436	Office of the Judges of Compensation Claims at Tallahassee. A
437	copy of such compensation order shall be sent by mail or by
438	electronic means approved by the Deputy Chief Judge to the
439	parties and attorneys of record and any parties not represented
440	by an attorney at the last known address of each, with the date
441	of mailing noted thereon.
442	Section 14.  Subsection (3) of section 440.29, Florida
443	Statutes, is amended to read:
444	440.29  Procedure before the judge of compensation claims.-
445	(3)  The practice and procedure before the judges of
446	compensation claims shall be governed by rules adopted by the
447	Office of the Judges of Compensation Claims Supreme Court,
448	except to the extent that such rules conflict with the
449	provisions of this chapter.
450	Section 15.  Subsection (4) of section 440.45, Florida
451	Statutes, is amended to read:
452	440.45  Office of the Judges of Compensation Claims.-
453	(4)  The Office of the Judges of Compensation Claims shall
454	adopt rules to effectuate effect the purposes of this section.
455	Such rules shall include procedural rules applicable to workers'
456	compensation claim resolution, including rules requiring
457	electronic filing and service where deemed appropriate by the
458	Deputy Chief Judge, and uniform criteria for measuring the
459	performance of the office, including, but not limited to, the
460	number of cases assigned and resolved disposed, the age of
461	pending and resolved disposed cases, timeliness of decisions
462	decisionmaking, extraordinary fee awards, and other data
463	necessary for the judicial nominating commission to review the
464	performance of judges as required in paragraph (2)(c). The
465	workers' compensation rules of procedure approved by the Supreme
466	Court apply until the rules adopted by the Office of the Judges
467	of Compensation Claims pursuant to this section become
468	effective.
469	Section 16.  Subsection (1) of section 552.40, Florida
470	Statutes, is amended to read:
471	552.40  Administrative remedy for alleged damage due to the
472	use of explosives in connection with construction materials
473	mining activities.-
474	(1)  A person may initiate an administrative proceeding to
475	recover damages resulting from the use of explosives in
476	connection with construction materials mining activities by
477	filing a petition with the Division of Administrative Hearings
478	by electronic means through the division's website on a form
479	provided by it and accompanied by a filing fee of $100 within
480	180 days after the occurrence of the alleged damage. If the
481	petitioner submits an affidavit stating that the petitioner's
482	annual income is less than 150 percent of the applicable federal
483	poverty guideline published in the Federal Register by the
484	United States Department of Health and Human Services, the $100
485	filing fee must be waived.
486	Section 17.  Paragraph (b) of subsection (4) of section
487	553.73, Florida Statutes, is amended to read:
488	553.73  Florida Building Code.-
489	(4)
490	(b)  Local governments may, subject to the limitations of
491	this section, adopt amendments to the technical provisions of
492	the Florida Building Code which apply solely within the
493	jurisdiction of such government and which provide for more
494	stringent requirements than those specified in the Florida
495	Building Code, not more than once every 6 months. A local
496	government may adopt technical amendments that address local
497	needs if:
498	1.  The local governing body determines, following a public
499	hearing which has been advertised in a newspaper of general
500	circulation at least 10 days before the hearing, that there is a
501	need to strengthen the requirements of the Florida Building
502	Code. The determination must be based upon a review of local
503	conditions by the local governing body, which review
504	demonstrates by evidence or data that the geographical
505	jurisdiction governed by the local governing body exhibits a
506	local need to strengthen the Florida Building Code beyond the
507	needs or regional variation addressed by the Florida Building
508	Code, that the local need is addressed by the proposed local
509	amendment, and that the amendment is no more stringent than
510	necessary to address the local need.
511	2.  Such additional requirements are not discriminatory
512	against materials, products, or construction techniques of
513	demonstrated capabilities.
514	3.  Such additional requirements may not introduce a new
515	subject not addressed in the Florida Building Code.
516	4.  The enforcing agency shall make readily available, in a
517	usable format, all amendments adopted pursuant to this section.
518	5.  Any amendment to the Florida Building Code shall be
519	transmitted within 30 days by the adopting local government to
520	the commission. The commission shall maintain copies of all such
521	amendments in a format that is usable and obtainable by the
522	public. Local technical amendments shall not become effective
523	until 30 days after the amendment has been received and
524	published by the commission.
525	6.  Any amendment to the Florida Building Code adopted by a
526	local government pursuant to this paragraph shall be effective
527	only until the adoption by the commission of the new edition of
528	the Florida Building Code every third year. At such time, the
529	commission shall review such amendment for consistency with the
530	criteria in paragraph (8)(a) and adopt such amendment as part of
531	the Florida Building Code or rescind the amendment. The
532	commission shall immediately notify the respective local
533	government of the rescission of any amendment. After receiving
534	such notice, the respective local government may readopt the
535	rescinded amendment pursuant to the provisions of this
536	paragraph.
537	7.  Each county and municipality desiring to make local
538	technical amendments to the Florida Building Code shall by
539	interlocal agreement establish a countywide compliance review
540	board to review any amendment to the Florida Building Code,
541	adopted by a local government within the county pursuant to this
542	paragraph, that is challenged by any substantially affected
543	party for purposes of determining the amendment's compliance
544	with this paragraph. If challenged, the local technical
545	amendments shall not become effective until time for filing an
546	appeal pursuant to subparagraph 8. has expired or, if there is
547	an appeal, until the commission issues its final order
548	determining the adopted amendment is in compliance with this
549	subsection.
550	8.  If the compliance review board determines such
551	amendment is not in compliance with this paragraph, the
552	compliance review board shall notify such local government of
553	the noncompliance and that the amendment is invalid and
554	unenforceable until the local government corrects the amendment
555	to bring it into compliance. The local government may appeal the
556	decision of the compliance review board to the commission. If
557	the compliance review board determines such amendment to be in
558	compliance with this paragraph, any substantially affected party
559	may appeal such determination to the commission. Any such appeal
560	shall be filed with the commission within 14 days of the board's
561	written determination. The commission shall promptly refer the
562	appeal to the Division of Administrative Hearings by electronic
563	means through the division's website for the assignment of an
564	administrative law judge. The administrative law judge shall
565	conduct the required hearing within 30 days, and shall enter a
566	recommended order within 30 days of the conclusion of such
567	hearing. The commission shall enter a final order within 30 days
568	thereafter. The provisions of chapter 120 and the uniform rules
569	of procedure shall apply to such proceedings. The local
570	government adopting the amendment that is subject to challenge
571	has the burden of proving that the amendment complies with this
572	paragraph in proceedings before the compliance review board and
573	the commission, as applicable. Actions of the commission are
574	subject to judicial review pursuant to s. 120.68. The compliance
575	review board shall determine whether its decisions apply to a
576	respective local jurisdiction or apply countywide.
577	9.  An amendment adopted under this paragraph shall include
578	a fiscal impact statement which documents the costs and benefits
579	of the proposed amendment. Criteria for the fiscal impact
580	statement shall include the impact to local government relative
581	to enforcement, the impact to property and building owners, as
582	well as to industry, relative to the cost of compliance. The
583	fiscal impact statement may not be used as a basis for
584	challenging the amendment for compliance.
585	10.  In addition to subparagraphs 7. and 9., the commission
586	may review any amendments adopted pursuant to this subsection
587	and make nonbinding recommendations related to compliance of
588	such amendments with this subsection.
589	Section 18.  Paragraph (b) of subsection (4) of section
590	961.03, Florida Statutes, is amended to read:
591	961.03  Determination of status as a wrongfully
592	incarcerated person; determination of eligibility for
593	compensation.-
594	(4)
595	(b)  If the prosecuting authority responds as set forth in
596	paragraph (2)(b), and the court determines that the petitioner
597	is eligible under the provisions of s. 961.04, but the
598	prosecuting authority contests the nature, significance or
599	effect of the evidence of actual innocence, or the facts related
600	to the petitioner's alleged wrongful incarceration, the court
601	shall set forth its findings and transfer the petition by
602	electronic means through the division's website to the division
603	for findings of fact and a recommended determination of whether
604	the petitioner has established that he or she is a wrongfully
605	incarcerated person who is eligible for compensation under this
606	act.
607	Section 19.  This act shall take effect July 1, 2010.

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