CS/HB 5611

A bill to be entitled
2An act relating to review of the Department of Management
3Services under the Florida Government Accountability Act;
4amending s. 20.22, F.S.; revising the governance of the
5department; amending ss. 57.111, 120.56, 120.569, 120.57,
6552.40, 553.73, and 961.03, F.S.; providing for electronic
7filing and transmission procedures for certain actions,
8proceedings, and petitions; conforming provisions to
9changes made by the act; repealing s. 110.123(13), F.S.,
10relating to creation and duties of the Florida State
11Employee Wellness Council; amending s. 120.54, F.S.;
12requiring a petitioner requesting an administrative
13hearing to include the petitioner's e-mail address;
14requiring the request for administrative hearing by a
15respondent to include the e-mail address of the party's
16counsel or qualified representative; creating s. 120.585,
17F.S.; requiring an attorney to use electronic means when
18filing a document with the Division of Administrative
19Hearings; encouraging a party not represented by an
20attorney to file documents whenever possible by electronic
21means through the division's website; amending s. 216.023,
22F.S.; requiring each agency head to provide an annual
23inventory containing specified information of all wireless
24devices and expenditures; creating s. 282.712, F.S.;
25providing legislative intent; providing requirements for
26the use of wireless communication devices by agency
27employees; requiring the agency to conduct a review of
28wireless communication device expenditures; requiring
29reimbursement of costs associated with certain personal
30use of wireless communication devices by employees;
31amending s. 287.05721, F.S.; repealing the definition of
32the term "council" as it relates to the Council on
33Efficient Government; repealing s. 287.0573, F.S.,
34relating to creation of the Council on Efficient
35Government within the department; amending s. 287.0574,
36F.S.; conforming provisions to the elimination of the
37Council on Efficient Government; requiring the department
38to prepare a plan to centralize the fleet of state-owned
39motor vehicles; requiring the department to submit the
40plan to the Governor, Cabinet, and the Legislature by a
41specified date; amending ss. 318.18 and 318.21, F.S.;
42delaying the expiration of provisions imposing a surcharge
43on certain offenses and traffic violations, the proceeds
44of which are deposited into the State Agency Law
45Enforcement Radio System Trust Fund of the department;
46amending ss. 440.192 and 440.25, F.S.; providing and
47revising procedures for filing petitions for benefits and
48other documents in workers' compensation benefits
49proceedings to provide for electronic filing and
50transmission under certain circumstances; amending ss.
51440.29 and 440.45, F.S.; authorizing the Office of the
52Judges of Compensation Claims to adopt rules for certain
53purposes; amending s. 440.33, F.S.; providing for the
54application of an order issued by the chief circuit judge
55to close the courts of the county or a tolling order
56issued by the Supreme Court to any district office of the
57Office of the Judges of Compensation Claims which is
58located within the same county in which the order of
59closure or tolling order applies; providing for the time
60limits applicable to the jurisdiction of the Office of the
61Judges of Compensation Claims to apply following such
62order; amending ss. 766.305, 766.309, and 766.31, F.S.;
63authorizing the Division of Administrative Hearings to
64furnish by electronic means copies of certain petitions
65and orders relating to medical disciplinary reviews,
66claims, and awards; requiring the department to identify
67all resources relating to real estate leasing and
68facilities operations and maintenance within each state
69agency; requiring a report to the Governor, Cabinet, and
70Legislature by a specified date; requiring that the
71information be included within the agency's legislative
72budget request for the 2011-2012 fiscal year; providing an
73appropriation and authorizing positions within the
74department; requiring approval of the Governor and Cabinet
75and Senate confirmation for certain positions within the
76department; providing for repeal of the provisions by a
77date certain; authorizing the department to transfer
78certain funds for the purpose of statewide purchasing
79operations; authorizing the department to transfer certain
80funds for the creation of a comprehensive database of
81state-owned real property; providing a directive to the
82Division of Statutory Revision; providing effective dates.
84Be It Enacted by the Legislature of the State of Florida:
86     Section 1.  Subsection (1) of section 20.22, Florida
87Statutes, is amended to read:
88     20.22  Department of Management Services.-There is created
89a Department of Management Services.
90     (1)  The head of the Department of Management Services is
91the Governor and Cabinet, who shall appoint an executive
92director Secretary of Management Services, who shall be
93appointed by the Governor, subject to confirmation by the
94Senate, and who shall serve at the pleasure of the Governor and
96     Section 2.  Paragraph (b) of subsection (4) of section
9757.111, Florida Statutes, is amended to read:
98     57.111  Civil actions and administrative proceedings
99initiated by state agencies; attorneys' fees and costs.-
100     (4)
101     (b)1.  To apply for an award under this section, the
102attorney for the prevailing small business party must submit an
103itemized affidavit to the court which first conducted the
104adversarial proceeding in the underlying action, or by
105electronic means through the division's website to the Division
106of Administrative Hearings, which shall assign an administrative
107law judge, in the case of a proceeding pursuant to chapter 120,
108which affidavit shall reveal the nature and extent of the
109services rendered by the attorney as well as the costs incurred
110in preparations, motions, hearings, and appeals in the
112     2.  The application for an award of attorney's fees must be
113made within 60 days after the date that the small business party
114becomes a prevailing small business party.
115     Section 3.  Paragraphs (c) and (d) of subsection (1) of
116section 120.56, Florida Statutes, are amended to read:
117     120.56  Challenges to rules.-
120     (c)  The petition shall be filed by electronic means with
121the division, which shall, immediately upon filing, forward by
122electronic means copies to the agency whose rule is challenged,
123the Department of State, and the committee. Within 10 days after
124receiving the petition, the division director shall, if the
125petition complies with the requirements of paragraph (b), assign
126an administrative law judge who shall conduct a hearing within
12730 days thereafter, unless the petition is withdrawn or a
128continuance is granted by agreement of the parties or for good
129cause shown. Evidence of good cause includes, but is not limited
130to, written notice of an agency's decision to modify or withdraw
131the proposed rule or a written notice from the chair of the
132committee stating that the committee will consider an objection
133to the rule at its next scheduled meeting. The failure of an
134agency to follow the applicable rulemaking procedures or
135requirements set forth in this chapter shall be presumed to be
136material; however, the agency may rebut this presumption by
137showing that the substantial interests of the petitioner and the
138fairness of the proceedings have not been impaired.
139     (d)  Within 30 days after the hearing, the administrative
140law judge shall render a decision and state the reasons therefor
141in writing. The division shall forthwith transmit by electronic
142means copies of the administrative law judge's decision to the
143agency, the Department of State, and the committee.
144     Section 4.  Paragraph (a) of subsection (2) of section
145120.569, Florida Statutes, is amended to read:
146     120.569  Decisions which affect substantial interests.-
147     (2)(a)  Except for any proceeding conducted as prescribed
148in s. 120.56, a petition or request for a hearing under this
149section shall be filed with the agency. If the agency requests
150an administrative law judge from the division, it shall so
151notify the division by electronic means through the division's
152website within 15 days after receipt of the petition or request.
153A request for a hearing shall be granted or denied within 15
154days after receipt. On the request of any agency, the division
155shall assign an administrative law judge with due regard to the
156expertise required for the particular matter. The referring
157agency shall take no further action with respect to a proceeding
158under s. 120.57(1), except as a party litigant, as long as the
159division has jurisdiction over the proceeding under s.
160120.57(1). Any party may request the disqualification of the
161administrative law judge by filing an affidavit with the
162division prior to the taking of evidence at a hearing, stating
163the grounds with particularity.
164     Section 5.  Paragraph (d) of subsection (3) of section
165120.57, Florida Statutes, is amended to read:
166     120.57  Additional procedures for particular cases.-
168CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter
169shall use the uniform rules of procedure, which provide
170procedures for the resolution of protests arising from the
171contract solicitation or award process. Such rules shall at
172least provide that:
173     (d)1.  The agency shall provide an opportunity to resolve
174the protest by mutual agreement between the parties within 7
175days, excluding Saturdays, Sundays, and state holidays, after
176receipt of a formal written protest.
177     2.  If the subject of a protest is not resolved by mutual
178agreement within 7 days, excluding Saturdays, Sundays, and state
179holidays, after receipt of the formal written protest, and if
180there is no disputed issue of material fact, an informal
181proceeding shall be conducted pursuant to subsection (2) and
182applicable agency rules before a person whose qualifications
183have been prescribed by rules of the agency.
184     3.  If the subject of a protest is not resolved by mutual
185agreement within 7 days, excluding Saturdays, Sundays, and state
186holidays, after receipt of the formal written protest, and if
187there is a disputed issue of material fact, the agency shall
188refer the protest to the division by electronic means through
189the division's website for proceedings under subsection (1).
190     Section 6.  Subsection (1) of section 552.40, Florida
191Statutes, is amended to read:
192     552.40  Administrative remedy for alleged damage due to the
193use of explosives in connection with construction materials
194mining activities.-
195     (1)  A person may initiate an administrative proceeding to
196recover damages resulting from the use of explosives in
197connection with construction materials mining activities by
198filing a petition with the Division of Administrative Hearings
199by electronic means through the division's website on a form
200provided by it and accompanied by a filing fee of $100 within
201180 days after the occurrence of the alleged damage. If the
202petitioner submits an affidavit stating that the petitioner's
203annual income is less than 150 percent of the applicable federal
204poverty guideline published in the Federal Register by the
205United States Department of Health and Human Services, the $100
206filing fee must be waived.
207     Section 7.  Paragraph (b) of subsection (4) of section
208553.73, Florida Statutes, is amended to read:
209     553.73  Florida Building Code.-
210     (4)
211     (b)  Local governments may, subject to the limitations of
212this section, adopt amendments to the technical provisions of
213the Florida Building Code which apply solely within the
214jurisdiction of such government and which provide for more
215stringent requirements than those specified in the Florida
216Building Code, not more than once every 6 months. A local
217government may adopt technical amendments that address local
218needs if:
219     1.  The local governing body determines, following a public
220hearing which has been advertised in a newspaper of general
221circulation at least 10 days before the hearing, that there is a
222need to strengthen the requirements of the Florida Building
223Code. The determination must be based upon a review of local
224conditions by the local governing body, which review
225demonstrates by evidence or data that the geographical
226jurisdiction governed by the local governing body exhibits a
227local need to strengthen the Florida Building Code beyond the
228needs or regional variation addressed by the Florida Building
229Code, that the local need is addressed by the proposed local
230amendment, and that the amendment is no more stringent than
231necessary to address the local need.
232     2.  Such additional requirements are not discriminatory
233against materials, products, or construction techniques of
234demonstrated capabilities.
235     3.  Such additional requirements may not introduce a new
236subject not addressed in the Florida Building Code.
237     4.  The enforcing agency shall make readily available, in a
238usable format, all amendments adopted pursuant to this section.
239     5.  Any amendment to the Florida Building Code shall be
240transmitted within 30 days by the adopting local government to
241the commission. The commission shall maintain copies of all such
242amendments in a format that is usable and obtainable by the
243public. Local technical amendments shall not become effective
244until 30 days after the amendment has been received and
245published by the commission.
246     6.  Any amendment to the Florida Building Code adopted by a
247local government pursuant to this paragraph shall be effective
248only until the adoption by the commission of the new edition of
249the Florida Building Code every third year. At such time, the
250commission shall review such amendment for consistency with the
251criteria in paragraph (8)(a) and adopt such amendment as part of
252the Florida Building Code or rescind the amendment. The
253commission shall immediately notify the respective local
254government of the rescission of any amendment. After receiving
255such notice, the respective local government may readopt the
256rescinded amendment pursuant to the provisions of this
258     7.  Each county and municipality desiring to make local
259technical amendments to the Florida Building Code shall by
260interlocal agreement establish a countywide compliance review
261board to review any amendment to the Florida Building Code,
262adopted by a local government within the county pursuant to this
263paragraph, that is challenged by any substantially affected
264party for purposes of determining the amendment's compliance
265with this paragraph. If challenged, the local technical
266amendments shall not become effective until time for filing an
267appeal pursuant to subparagraph 8. has expired or, if there is
268an appeal, until the commission issues its final order
269determining the adopted amendment is in compliance with this
271     8.  If the compliance review board determines such
272amendment is not in compliance with this paragraph, the
273compliance review board shall notify such local government of
274the noncompliance and that the amendment is invalid and
275unenforceable until the local government corrects the amendment
276to bring it into compliance. The local government may appeal the
277decision of the compliance review board to the commission. If
278the compliance review board determines such amendment to be in
279compliance with this paragraph, any substantially affected party
280may appeal such determination to the commission. Any such appeal
281shall be filed with the commission within 14 days of the board's
282written determination. The commission shall promptly refer the
283appeal to the Division of Administrative Hearings by electronic
284means through the division's website for the assignment of an
285administrative law judge. The administrative law judge shall
286conduct the required hearing within 30 days, and shall enter a
287recommended order within 30 days of the conclusion of such
288hearing. The commission shall enter a final order within 30 days
289thereafter. The provisions of chapter 120 and the uniform rules
290of procedure shall apply to such proceedings. The local
291government adopting the amendment that is subject to challenge
292has the burden of proving that the amendment complies with this
293paragraph in proceedings before the compliance review board and
294the commission, as applicable. Actions of the commission are
295subject to judicial review pursuant to s. 120.68. The compliance
296review board shall determine whether its decisions apply to a
297respective local jurisdiction or apply countywide.
298     9.  An amendment adopted under this paragraph shall include
299a fiscal impact statement which documents the costs and benefits
300of the proposed amendment. Criteria for the fiscal impact
301statement shall include the impact to local government relative
302to enforcement, the impact to property and building owners, as
303well as to industry, relative to the cost of compliance. The
304fiscal impact statement may not be used as a basis for
305challenging the amendment for compliance.
306     10.  In addition to subparagraphs 7. and 9., the commission
307may review any amendments adopted pursuant to this subsection
308and make nonbinding recommendations related to compliance of
309such amendments with this subsection.
310     Section 8.  Paragraph (b) of subsection (4) of section
311961.03, Florida Statutes, is amended to read:
312     961.03  Determination of status as a wrongfully
313incarcerated person; determination of eligibility for
315     (4)
316     (b)  If the prosecuting authority responds as set forth in
317paragraph (2)(b), and the court determines that the petitioner
318is eligible under the provisions of s. 961.04, but the
319prosecuting authority contests the nature, significance or
320effect of the evidence of actual innocence, or the facts related
321to the petitioner's alleged wrongful incarceration, the court
322shall set forth its findings and transfer the petition by
323electronic means through the division's website to the division
324for findings of fact and a recommended determination of whether
325the petitioner has established that he or she is a wrongfully
326incarcerated person who is eligible for compensation under this
328     Section 9.  Subsection (13) of section 110.123, Florida
329Statutes, is repealed.
330     Section 10.  Paragraph (b) of subsection (5) of section
331120.54, Florida Statutes, is amended to read:
332     120.54  Rulemaking.-
333     (5)  UNIFORM RULES.-
334     (b)  The uniform rules of procedure adopted by the
335commission pursuant to this subsection shall include, but are
336not limited to:
337     1.  Uniform rules for the scheduling of public meetings,
338hearings, and workshops.
339     2.  Uniform rules for use by each state agency that provide
340procedures for conducting public meetings, hearings, and
341workshops, and for taking evidence, testimony, and argument at
342such public meetings, hearings, and workshops, in person and by
343means of communications media technology. The rules shall
344provide that all evidence, testimony, and argument presented
345shall be afforded equal consideration, regardless of the method
346of communication. If a public meeting, hearing, or workshop is
347to be conducted by means of communications media technology, or
348if attendance may be provided by such means, the notice shall so
349state. The notice for public meetings, hearings, and workshops
350utilizing communications media technology shall state how
351persons interested in attending may do so and shall name
352locations, if any, where communications media technology
353facilities will be available. Nothing in this paragraph shall be
354construed to diminish the right to inspect public records under
355chapter 119. Limiting points of access to public meetings,
356hearings, and workshops subject to the provisions of s. 286.011
357to places not normally open to the public shall be presumed to
358violate the right of access of the public, and any official
359action taken under such circumstances is void and of no effect.
360Other laws relating to public meetings, hearings, and workshops,
361including penal and remedial provisions, shall apply to public
362meetings, hearings, and workshops conducted by means of
363communications media technology, and shall be liberally
364construed in their application to such public meetings,
365hearings, and workshops. As used in this subparagraph,
366"communications media technology" means the electronic
367transmission of printed matter, audio, full-motion video,
368freeze-frame video, compressed video, and digital video by any
369method available.
370     3.  Uniform rules of procedure for the filing of notice of
371protests and formal written protests. The Administration
372Commission may prescribe the form and substantive provisions of
373a required bond.
374     4.  Uniform rules of procedure for the filing of petitions
375for administrative hearings pursuant to s. 120.569 or s. 120.57.
376Such rules shall require the petition to include:
377     a.  The identification of the petitioner, including the
378petitioner's e-mail address, if any, for the transmittal of
379subsequent documents by electronic means.
380     b.  A statement of when and how the petitioner received
381notice of the agency's action or proposed action.
382     c.  An explanation of how the petitioner's substantial
383interests are or will be affected by the action or proposed
385     d.  A statement of all material facts disputed by the
386petitioner or a statement that there are no disputed facts.
387     e.  A statement of the ultimate facts alleged, including a
388statement of the specific facts the petitioner contends warrant
389reversal or modification of the agency's proposed action.
390     f.  A statement of the specific rules or statutes that the
391petitioner contends require reversal or modification of the
392agency's proposed action, including an explanation of how the
393alleged facts relate to the specific rules or statutes.
394     g.  A statement of the relief sought by the petitioner,
395stating precisely the action petitioner wishes the agency to
396take with respect to the proposed action.
397     5.  Uniform rules for the filing of request for
398administrative hearing by a respondent in agency enforcement and
399disciplinary actions. Such rules shall require a request to
401     a.  The name, address, e-mail address, and telephone number
402of the party making the request and the name, address, e-mail
403address, and telephone number of the party's counsel or
404qualified representative upon whom service of pleadings and
405other papers shall be made;
406     b.  A statement that the respondent is requesting an
407administrative hearing and disputes the material facts alleged
408by the petitioner, in which case the respondent shall identify
409those material facts that are in dispute, or that the respondent
410is requesting an administrative hearing and does not dispute the
411material facts alleged by the petitioner; and
412     c.  A reference by file number to the administrative
413complaint that the party has received from the agency and the
414date on which the agency pleading was received.
416The agency may provide an election-of-rights form for the
417respondent's use in requesting a hearing, so long as any form
418provided by the agency calls for the information in sub-
419subparagraphs a. through c. and does not impose any additional
420requirements on a respondent in order to request a hearing,
421unless such requirements are specifically authorized by law.
422     6.  Uniform rules of procedure for the filing and prompt
423disposition of petitions for declaratory statements. The rules
424shall also describe the contents of the notices that must be
425published in the Florida Administrative Weekly under s. 120.565,
426including any applicable time limit for the filing of petitions
427to intervene or petitions for administrative hearing by persons
428whose substantial interests may be affected.
429     7.  Provision of a method by which each agency head shall
430provide a description of the agency's organization and general
431course of its operations. The rules shall require that the
432statement concerning the agency's organization and operations be
433published on the agency's website.
434     8.  Uniform rules establishing procedures for granting or
435denying petitions for variances and waivers pursuant to s.
437     Section 11.  Section 120.585, Florida Statutes, is created
438to read:
439     120.585  Electronic filing.-Any document filed with the
440division by a party represented by an attorney must be filed by
441electronic means through the division's website. Any document
442filed with the division by a party who is not represented by an
443attorney shall, whenever possible, be filed by electronic means
444through the division's website.
445     Section 12.  Subsections (6) through (9) of section
446216.023, Florida Statutes, are renumbered as subsections (7)
447through (10), respectively, and a new subsection (6) is added to
448that section to read:
449     216.023  Legislative budget requests to be furnished to
450Legislature by agencies.-
451     (6)  As part of the legislative budget request, the head of
452each agency shall include an annual inventory of all wireless
453devices and expenditures, including the number of wireless
454devices by type, expenditures by type of device, total
455expenditures, a list of job classifications assigned a wireless
456device, and the steps taken to promote productivity and contain
458     Section 13.  Section 282.712, Florida Statutes, is created
459to read:
460     282.712  Statewide wireless communication utilization.-
461     (1)  It is the intent of the Legislature that the
462expenditure of public funds on wireless communication devices
463shall be used to increase efficiency, accessibility, and
465     (2)  In furtherance of the goal of increasing efficiency,
466accessibility, and productivity, agencies shall only assign
467cellular telephones, personal digital assistants, and other
468wireless communication devices to those employees who, as part
469of their official assigned duties, routinely must:
470     (a)  Be immediately available to citizens, supervisors, or
472     (b)  Be available to respond to emergency situations;
473     (c)  Be available to receive calls outside of regular
474working hours;
475     (d)  Have access to the technology in order to productively
476perform job duties in the field; or
477     (e)  Have limited or no access to a telephone, or have no
478ability to use a cellular phone, if needed.
479     (3)  Agencies shall utilize wireless communication devices
480and services using SUNCOM Network Services unless otherwise
481approved by the department. Agencies shall obtain an exemption
482from the use of SUNCOM Network Services prior to seeking
483approval to use a state term contract, an alternate source
484contract, or other procurement method. In seeking approval for
485an exemption, agencies shall provide a comparison of costs and
486benefits and the reasons for deviating from SUNCOM Network
487Services. The department shall approve such requests only upon a
488finding that an exemption from the use of SUNCOM Network
489Services has been obtained pursuant to s. 282.703(3) and upon a
490finding that the cost-benefit analysis or agency justification
491supports the use of another procurement method.
492     (4)  Agencies shall review wireless communication device
493expenditures to confirm that costs are associated with business
494purposes. Any costs associated with personal use of a wireless
495communication device by an employee shall be reimbursed to the
496agency by that employee.
497     Section 14.  Section 287.05721, Florida Statutes, is
498amended to read:
499     287.05721  Definitions.-As used in ss. 287.0571-287.0574,
500the term:
501     (1)  "Council" means the Council on Efficient Government.
502     (2)  "outsource" means the process of contracting with a
503vendor to provide a service as defined in s. 216.011(1)(f), in
504whole or in part, or an activity as defined in s.
505216.011(1)(rr), while a state agency retains the responsibility
506and accountability for the service or activity and there is a
507transfer of management responsibility for the delivery of
508resources and the performance of those resources.
509     Section 15.  Section 287.0573, Florida Statutes, is
511     Section 16.  Subsections (1) through (4) of section
512287.0574, Florida Statutes, are amended to read:
513     287.0574  Business cases to outsource; review and analysis;
515     (1)  A business case to outsource having a projected cost
516exceeding $10 million in any fiscal year shall require:
517     (a)  An initial business case analysis conducted by the
518state agency and submitted to the council, the Governor, the
519President of the Senate, and the Speaker of the House of
520Representatives at least 60 days before a solicitation is
521issued. The council shall evaluate the business case analysis
522and submit an advisory report to the state agency, the Governor,
523the President of the Senate, and the Speaker of the House of
524Representatives when the advisory report is completed, but at
525least 30 days before the agency issues the solicitation.
526     (b)  A final business case analysis conducted by the state
527agency and submitted after the conclusion of any negotiations,
528at least 30 days before execution of a contract, to the council,
529the Governor, the President of the Senate, and the Speaker of
530the House of Representatives.
531     (2)  A proposal to outsource having a projected cost that
532ranges from $1 million to $10 million in any fiscal year shall
534     (a)  An initial business case analysis conducted by the
535state agency and submission of the business case, at least 30
536days before issuing a solicitation, to the council, the
537Governor, the President of the Senate, and the Speaker of the
538House of Representatives.
539     (b)  A final business case analysis conducted by the state
540agency and submitted after the conclusion of any negotiations,
541at least 30 days before execution of a contract, to the council,
542the Governor, the President of the Senate, and the Speaker of
543the House of Representatives.
544     (3)  A business case to outsource having a projected cost
545that is less than $1 million in any fiscal year shall require a
546final business case analysis conducted by the state agency after
547the conclusion of any negotiations and provided at least 30 days
548before execution of a contract to the council. The council shall
549provide such business cases in its annual report to the
551     (4)  For any proposed outsourcing, the state agency shall
552develop a business case that justifies the proposal to
553outsource. In order to reduce any administrative burden, the
554council may allow a state agency shall to submit the business
555case in the form and manner required by the budget instructions
556issued pursuant to s. 216.023(1), (2), and (4)(a)7., augmented
557with additional information if necessary, to ensure that the
558requirements of this section are met. The business case is not
559subject to challenge or protest pursuant to chapter 120. The
560business case must include, but need not be limited to:
561     (a)  A detailed description of the service or activity for
562which the outsourcing is proposed.
563     (b)  A description and analysis of the state agency's
564current performance, based on existing performance metrics if
565the state agency is currently performing the service or
567     (c)  The goals desired to be achieved through the proposed
568outsourcing and the rationale for such goals.
569     (d)  A citation to the existing or proposed legal authority
570for outsourcing the service or activity.
571     (e)  A description of available options for achieving the
572goals. If state employees are currently performing the service
573or activity, at least one option involving maintaining state
574provision of the service or activity shall be included.
575     (f)  An analysis of the advantages and disadvantages of
576each option, including, at a minimum, potential performance
577improvements and risks.
578     (g)  A description of the current market for the
579contractual services that are under consideration for
581     (h)  A cost-benefit analysis documenting the direct and
582indirect specific baseline costs, savings, and qualitative and
583quantitative benefits involved in or resulting from the
584implementation of the recommended option or options. Such
585analysis must specify the schedule that, at a minimum, must be
586adhered to in order to achieve the estimated savings. All
587elements of cost must be clearly identified in the cost-benefit
588analysis, described in the business case, and supported by
589applicable records and reports. The state agency head shall
590attest that, based on the data and information underlying the
591business case, to the best of his or her knowledge, all
592projected costs, savings, and benefits are valid and achievable.
593As used in this section, the term "cost" means the reasonable,
594relevant, and verifiable cost, which may include, but is not
595limited to, elements such as personnel, materials and supplies,
596services, equipment, capital depreciation, rent, maintenance and
597repairs, utilities, insurance, personnel travel, overhead, and
598interim and final payments. The appropriate elements shall
599depend on the nature of the specific initiative. As used in this
600section, the term "savings" means the difference between the
601direct and indirect actual annual baseline costs compared to the
602projected annual cost for the contracted functions or
603responsibilities in any succeeding state fiscal year during the
604term of the contract.
605     (i)  A description of differences among current state
606agency policies and processes and, as appropriate, a discussion
607of options for or a plan to standardize, consolidate, or revise
608current policies and processes, if any, to reduce the
609customization of any proposed solution that would otherwise be
611     (j)  A description of the specific performance standards
612that must, at a minimum, be met to ensure adequate performance.
613     (k)  The projected timeframe for key events from the
614beginning of the procurement process through the expiration of a
616     (l)  A plan to ensure compliance with the public records
618     (m)  A specific and feasible contingency plan addressing
619contractor nonperformance and a description of the tasks
620involved in and costs required for its implementation.
621     (n)  A state agency's transition plan for addressing
622changes in the number of agency personnel, affected business
623processes, employee transition issues, and communication with
624affected stakeholders, such as agency clients and the public.
625The transition plan must contain a reemployment and retraining
626assistance plan for employees who are not retained by the state
627agency or employed by the contractor.
628     (o)  A plan for ensuring access by persons with
629disabilities in compliance with applicable state and federal
631     (p)  A description of legislative and budgetary actions
632necessary to accomplish the proposed outsourcing.
633     Section 17.  Centralized fleet management.-
634     (1)  The Department of Management Services shall prepare a
635plan to create, administer, and maintain a centralized fleet of
636state-owned motor vehicles. By November 1, 2010, the department
637shall submit the plan for centralizing all state-owned vehicles
638to the President of the Senate, the Speaker of the House of
639Representatives, and the Governor and Cabinet.
640     (2)  The plan for centralizing all state-owned motor
641vehicles shall provide a method for:
642     (a)  Assigning and administering motor vehicles to state
643agencies and employees.
644     (b)  Managing a fleet of motor vehicles for short-term use.
645     (c)  Charging state agencies for the use of motor vehicles,
646including costs associated with vehicle replacement and
647operating costs.
648     (d)  Purchasing motor vehicles necessary for the operation
649of the centralized fleet.
650     (e)  Repairing and maintaining motor vehicles.
651     (f)  Monitoring the use of motor vehicles and enforcing
652regulations regarding proper use.
653     (g)  Maintaining records related to the operation and
654maintenance of motor vehicles and the administration of the
656     (h)  Disposing of motor vehicles that are no longer
657necessary to maintain the fleet or for motor vehicles that are
658not used effectively enough to establish motor vehicle cost
660     (i)  Determining when it would be cost-efficient to lease a
661motor vehicle from a third-party vendor instead of using a
662state-owned vehicle.
663     (3)  In developing the plan, the department shall evaluate
664the costs and benefits of operating a centralized motor vehicle
665fleet compared to the costs and benefits of contracting with a
666third-party vendor for the operation of a centralized motor
667vehicle fleet.
668     Section 18.  Subsection (17) of section 318.18, Florida
669Statutes, is amended to read:
670     318.18  Amount of penalties.-The penalties required for a
671noncriminal disposition pursuant to s. 318.14 or a criminal
672offense listed in s. 318.17 are as follows:
673     (17)  In addition to any penalties imposed, a surcharge of
674$3 must be paid for all criminal offenses listed in s. 318.17
675and for all noncriminal moving traffic violations under chapter
676316. Revenue from the surcharge shall be remitted to the
677Department of Revenue and deposited quarterly into the State
678Agency Law Enforcement Radio System Trust Fund of the Department
679of Management Services for the state agency law enforcement
680radio system, as described in s. 282.709, and to provide
681technical assistance to state agencies and local law enforcement
682agencies with their statewide systems of regional law
683enforcement communications, as described in s. 282.710. This
684subsection expires July 1, 2017 2012. The Department of
685Management Services may retain funds sufficient to recover the
686costs and expenses incurred for managing, administering, and
687overseeing the Statewide Law Enforcement Radio System, and
688providing technical assistance to state agencies and local law
689enforcement agencies with their statewide systems of regional
690law enforcement communications. The Department of Management
691Services working in conjunction with the Joint Task Force on
692State Agency Law Enforcement Communications shall determine and
693direct the purposes for which these funds are used to enhance
694and improve the radio system.
695     Section 19.  Subsection (17) of section 318.21, Florida
696Statutes, is amended to read:
697     318.21  Disposition of civil penalties by county courts.-
698All civil penalties received by a county court pursuant to the
699provisions of this chapter shall be distributed and paid monthly
700as follows:
701     (17)  Notwithstanding subsections (1) and (2), the proceeds
702from the surcharge imposed under s. 318.18(17) shall be
703distributed as provided in that subsection. This subsection
704expires July 1, 2017 2012.
705     Section 20.  Subsections (1) and (8) of section 440.192,
706Florida Statutes, are amended to read:
707     440.192  Procedure for resolving benefit disputes.-
708     (1)  Any employee may, for any benefit that is ripe, due,
709and owing, file by certified mail, or by electronic means
710approved by the Deputy Chief Judge, with the Office of the
711Judges of Compensation Claims a petition for benefits which
712meets the requirements of this section and the definition of
713specificity in s. 440.02. An employee represented by an attorney
714shall file by electronic means approved by the Deputy Chief
715Judge. An employee not represented by an attorney may file by
716certified mail or by electronic means approved by the Deputy
717Chief Judge. The department shall inform employees of the
718location of the Office of the Judges of Compensation Claims and
719the office's website address for purposes of filing a petition
720for benefits. The employee shall also serve copies of the
721petition for benefits by certified mail, or by electronic means
722approved by the Deputy Chief Judge, upon the employer and the
723employer's carrier. The Deputy Chief Judge shall refer the
724petitions to the judges of compensation claims.
725     (8)  Within 14 days after receipt of a petition for
726benefits by certified mail or by approved electronic means, the
727carrier must either pay the requested benefits without prejudice
728to its right to deny within 120 days from receipt of the
729petition or file a response to petition with the Office of the
730Judges of Compensation Claims. The response shall be filed by
731electronic means approved by the Deputy Chief Judge. The carrier
732must list all benefits requested but not paid and explain its
733justification for nonpayment in the response to petition. A
734carrier that does not deny compensability in accordance with s.
735440.20(4) is deemed to have accepted the employee's injuries as
736compensable, unless it can establish material facts relevant to
737the issue of compensability that could not have been discovered
738through reasonable investigation within the 120-day period. The
739carrier shall provide copies of the response to the filing
740party, employer, and claimant by certified mail or by electronic
741means approved by the Deputy Chief Judge.
742     Section 21.  Subsection (1) and paragraphs (a), (c), and
743(e) of subsection (4) of section 440.25, Florida Statutes, are
744amended to read:
745     440.25  Procedures for mediation and hearings.-
746     (1)  Forty days after a petition for benefits is filed
747under s. 440.192, the judge of compensation claims shall notify
748the interested parties by order that a mediation conference
749concerning such petition has been scheduled unless the parties
750have notified the judge of compensation claims that a private
751mediation has been held or is scheduled to be held. A mediation,
752whether private or public, shall be held within 130 days after
753the filing of the petition. Such order must give the date the
754mediation conference is to be held. Such order may be served
755personally upon the interested parties or may be sent to the
756interested parties by mail or by electronic means approved by
757the Deputy Chief Judge. If multiple petitions are pending, or if
758additional petitions are filed after the scheduling of a
759mediation, the judge of compensation claims shall consolidate
760all petitions into one mediation. The claimant or the adjuster
761of the employer or carrier may, at the mediator's discretion,
762attend the mediation conference by telephone or, if agreed to by
763the parties, other electronic means. A continuance may be
764granted upon the agreement of the parties or if the requesting
765party demonstrates to the judge of compensation claims that the
766reason for requesting the continuance arises from circumstances
767beyond the party's control. Any order granting a continuance
768must set forth the date of the rescheduled mediation conference.
769A mediation conference may not be used solely for the purpose of
770mediating attorney's fees.
771     (4)(a)  If the parties fail to agree to written submission
772of pretrial stipulations, the judge of compensation claims shall
773conduct a live pretrial hearing. The judge of compensation
774claims shall give the interested parties at least 14 days'
775advance notice of the pretrial hearing by mail or by electronic
776means approved by the Deputy Chief Judge.
777     (c)  The judge of compensation claims shall give the
778interested parties at least 14 days' advance notice of the final
779hearing, served upon the interested parties by mail or by
780electronic means approved by the Deputy Chief Judge.
781     (e)  The order making an award or rejecting the claim,
782referred to in this chapter as a "compensation order," shall set
783forth the findings of ultimate facts and the mandate; and the
784order need not include any other reason or justification for
785such mandate. The compensation order shall be filed in the
786Office of the Judges of Compensation Claims at Tallahassee. A
787copy of such compensation order shall be sent by mail or by
788electronic means approved by the Deputy Chief Judge to the
789parties and attorneys of record and any parties not represented
790by an attorney at the last known address of each, with the date
791of mailing noted thereon.
792     Section 22.  Subsection (3) of section 440.29, Florida
793Statutes, is amended to read:
794     440.29  Procedure before the judge of compensation claims.-
795     (3)  The practice and procedure before the judges of
796compensation claims shall be governed by rules adopted by the
797Office of the Judges of Compensation Claims Supreme Court,
798except to the extent that such rules conflict with the
799provisions of this chapter.
800     Section 23.  Subsection (4) of section 440.45, Florida
801Statutes, is amended to read:
802     440.45  Office of the Judges of Compensation Claims.-
803     (4)  The Office of the Judges of Compensation Claims shall
804adopt rules to effectuate effect the purposes of this section.
805Such rules shall include procedural rules applicable to workers'
806compensation claim resolution, including rules requiring
807electronic filing and service where deemed appropriate by the
808Deputy Chief Judge, and uniform criteria for measuring the
809performance of the office, including, but not limited to, the
810number of cases assigned and resolved disposed, the age of
811pending and resolved disposed cases, timeliness of decisions
812decisionmaking, extraordinary fee awards, and other data
813necessary for the judicial nominating commission to review the
814performance of judges as required in paragraph (2)(c). The
815workers' compensation rules of procedure approved by the Supreme
816Court apply until the rules adopted by the Office of the Judges
817of Compensation Claims pursuant to this section become
819     Section 24.  Subsection (4) is added to section 440.33,
820Florida Statutes, to read:
821     440.33  Powers of judges of compensation claims.-
822     (4)(a)  Whenever the circuit court in a county is closed by
823official action of the chief circuit judge or a designated
824official due to a weather or other disaster-related emergency,
825any district office of the Office of the Judges of Compensation
826Claims which is located within that county shall likewise close
827for the duration of the emergency closure ordered for that
828circuit court.
829     (b)  Any tolling order issued by the Supreme Court
830pertaining to matters pending before the circuit or county
831courts shall apply with equal force to all proceedings pending
832in any district office of the Office of the Judges of
833Compensation Claims which is located within a county designated
834by such tolling order in the same manner as if the compensation
835proceedings were civil proceedings pending in the courts of the
836county in which the district office is located. Following such a
837tolling order, all time limits for acts required by law and
838subject to the jurisdiction of the Office of the Judges of
839Compensation Claims shall be tolled as set forth in the order of
840the Supreme Court. A tolling order of the Supreme Court shall be
841considered authoritative upon the posting of the order to the
842court's website or other public dissemination, whichever occurs
844     Section 25.  Subsection (2) of section 766.305, Florida
845Statutes, is amended to read:
846     766.305  Filing of claims and responses; medical
847disciplinary review.-
848     (2)  The claimant shall furnish the division with as many
849copies of the petition as required for service upon the
850association, any physician and hospital named in the petition,
851and the Division of Medical Quality Assurance, along with a $15
852filing fee payable to the Division of Administrative Hearings.
853Upon receipt of the petition, the division shall immediately
854serve the association, by service upon the agent designated to
855accept service on behalf of the association, by registered or
856certified mail, and shall mail copies of the petition, by
857registered or certified mail, to any physician, health care
858provider, and hospital named in the petition, and shall furnish
859a copy by electronic means through the division's website or by
860regular mail to the Division of Medical Quality Assurance, and
861the Agency for Health Care Administration, and the association,
862by service upon the agent designated to accept service on behalf
863of the association.
864     Section 26.  Subsection (2) of section 766.309, Florida
865Statutes, is amended to read:
866     766.309  Determination of claims; presumption; findings of
867administrative law judge binding on participants.-
868     (2)  If the administrative law judge determines that the
869injury alleged is not a birth-related neurological injury or
870that obstetrical services were not delivered by a participating
871physician at the birth, she or he shall enter an order and shall
872cause a copy of such order to be sent immediately to the parties
873by electronic means through the division's website or by regular
874registered or certified mail.
875     Section 27.  Subsection (3) of section 766.31, Florida
876Statutes, is amended to read:
877     766.31  Administrative law judge awards for birth-related
878neurological injuries; notice of award.-
879     (3)  A copy of the award shall be sent immediately by
880electronic means through the division's website or by regular
881registered or certified mail to each person served with a copy
882of the petition under s. 766.305(2).
883     Section 28.  Effective upon this act becoming a law, the
884Department of Management Services shall coordinate with all
885state agencies to identify all existing resources within each
886agency related to real estate leasing and facilities operations
887and maintenance. Agencies must submit the information to the
888Department of Management Services no later than August 1, 2010.
889By September 1, 2010, the Department of Management Services
890shall submit a plan to the President of the Senate, the Speaker
891of the House of Representatives, and the Governor and Cabinet
892for centralizing within the department all real estate leasing
893and facilities operations and maintenance. Such information
894shall be included in each agency's legislative budget request
895for the 2011-2012 fiscal year as a transfer to the Department of
896Management Services. This section expires July 1, 2011.
897     Section 29.  (1)  The Department of Management Services is
898appropriated a lump sum of $2,185,746 in recurring trust fund
899authority, 18 full-time positions, as listed below, and salary
900rate of 1,658,961 for the purpose of implementing the provisions
901of s. 20.22, Florida Statutes. No later than July 15, 2010, the
902department shall submit a budget amendment pursuant to the
903provisions of s. 216.181, Florida Statutes, specifying the
904allocation of positions by budget entity and trust fund.
905Positions authorized in this section shall be filled initially
906by majority approval of the Governor and Cabinet and shall be
907subject to Senate confirmation. Incumbents in positions
908authorized by this section on March 1, 2011, shall also be
909subject to Senate confirmation.
910     (2)  Effective July 1, 2010, the following additional
911Senior Management Service positions are authorized in the
912Department of Management Services:
913     (a)  The Executive Director.
914     (b)  The Deputy Executive Director.
915     (c)  The Chief of Staff.
916     (d)  The General Counsel.
917     (e)  The Legislative Affairs Director.
918     (f)  The Inspector General.
919     (g)  The Director of the Division of Facilities Management
920and Building Construction.
921     (h)  The Director of the Division of State Purchasing.
922     (i)  The Public Information Administrator.
923     (j)  The Director of Specialized Services.
924     (3)  Effective July 1, 2010, the following additional
925Selected Exempt Service positions are authorized in the
926Department of Management Services:
927     (a)  The Deputy Director of Facilities Management and
928Building Construction.
929     (b)  The Chief of Operations and Maintenance - Facilities
931     (c)  The Chief of Real Property - Facilities Management.
932     (d)  The Projects Management Administrator - Facilities
934     (e)  The Appraiser Administrator - Facilities Management.
935     (f)  The Deputy Chief of Regional Facilities - Facilities
937     (g)  The Deputy Chief of Tallahassee Facilities -
938Facilities Management.
939     (h)  The Systems Programming Administrator/Chief
940Information Officer.
941     (4)  This section expires June 30, 2012.
942     Section 30.  The Department of Management Services is
943authorized to transfer revenues from the Operating Trust Fund in
944the purchasing oversight budget entity to the Administrative
945Trust Fund in the Department of Financial Services to support
946statewide purchasing operations.
947     Section 31.  The Department of Management Services is
948authorized to transfer $320,000 from the Supervision Trust Fund
949to the Department of Environmental Protection for the creation
950of a comprehensive database of state-owned real property.
951     Section 32.  Pursuant to s. 11.242, Florida Statutes, the
952Division of Statutory Revision of the Office of Legislative
953Services is directed to prepare a reviser's bill for
954consideration by the 2011 Regular Session of the Legislature to
955conform the Florida Statutes to the changes made by this act.
956     Section 33.  Except as otherwise expressly provided in this
957act, this act shall take effect July 1, 2010.

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

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