November 22, 2019
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_h7159__
HB 7159

1
A bill to be entitled
2An act relating to the review of the Department of
3Management Services under the Florida Government
4Accountability Act; reenacting s. 20.22, F.S., relating to
5the creation and organization of the Department of
6Management Services; amending s. 120.54, F.S.; requiring a
7petitioner requesting an administrative hearing to include
8the petitioner's e-mail address; requiring the request for
9administrative hearing by a respondent to include the e-
10mail address of the party's counsel or qualified
11representative; creating s. 120.585, F.S.; requiring the
12filing of documents with the Division of Administrative
13Hearings by electronic means under certain circumstances;
14amending ss. 57.111, 120.56, 120.569, 120.57, 553.73, and
15961.03, F.S.; providing for electronic filing and
16transmission procedures for certain actions, proceedings,
17and petitions; conforming provisions to changes made by
18the act; amending s. 287.05721, F.S.; deleting the
19definition of the term "council"; repealing s. 287.0573,
20F.S., relating to the Council on Efficient Government;
21amending s. 287.0574, F.S.; conforming provisions to
22changes made by this act; amending s. 287.0943, F.S.;
23deleting provisions establishing the Minority Business
24Certification Task Force, requiring that criteria for the
25certification of minority business enterprises be approved
26by the task force, and authorizing the task force to amend
27the statewide and interlocal agreement for the
28certification of minority business enterprises; amending
29s. 287.0947, F.S.; authorizing the Secretary of Management
30Services to establish the Florida Advisory Council on
31Small and Minority Business Development for certain
32purposes; amending s. 440.192 and 440.25, F.S.; providing
33and revising procedures for filing petitions for benefits
34and other documents in workers' compensation benefits
35proceedings to provide for electronic filing and
36transmission under certain circumstances; amending s.
37440.29 and 440.45, F.S.; authorizing the Office of the
38Judges of Compensation Claims to adopt rules for certain
39purposes; reenacting s. 760.03(1), F.S., relating to
40creation of the Commission on Human Relations; amending s.
41760.11, F.S.; increasing for a specified period the time
42within which the commission must determine if there is
43reasonable cause to believe that certain discriminatory
44practices have occurred; providing a filing fee for an
45administrative hearing; providing for waiver or recovery
46of the fee under certain circumstances; amending s.
47766.305, F.S.; revising service and notice requirements
48for petitions seeking compensation for a birth-related
49neurological injury to provide for electronic
50notification; amending s. 766.309, F.S.; providing and
51revising procedures for determinations of such injury
52claims to provide for electronic notification; amending s.
53766.31, F.S.; providing and revising procedures for
54notification of awards of compensation for such injuries
55to provide for electronic notification; providing an
56effective date.
57
58Be 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
6257.111, Florida Statutes, is amended to read:
63     57.111  Civil actions and administrative proceedings
64initiated by state agencies; attorneys' fees and costs.-
65     (4)
66     (b)1.  To apply for an award under this section, the
67attorney for the prevailing small business party must submit an
68itemized affidavit to the court which first conducted the
69adversarial proceeding in the underlying action, or by
70electronic means through the division's website to the Division
71of Administrative Hearings, which shall assign an administrative
72law judge, in the case of a proceeding pursuant to chapter 120,
73which affidavit shall reveal the nature and extent of the
74services rendered by the attorney as well as the costs incurred
75in preparations, motions, hearings, and appeals in the
76proceeding.
77     2.  The application for an award of attorney's fees must be
78made within 60 days after the date that the small business party
79becomes a prevailing small business party.
80     Section 3.  Paragraph (b) of subsection (5) of section
81120.54, Florida Statutes, is amended to read:
82     120.54  Rulemaking.-
83     (5)  UNIFORM RULES.-
84     (b)  The uniform rules of procedure adopted by the
85commission pursuant to this subsection shall include, but are
86not limited to:
87     1.  Uniform rules for the scheduling of public meetings,
88hearings, and workshops.
89     2.  Uniform rules for use by each state agency that provide
90procedures for conducting public meetings, hearings, and
91workshops, and for taking evidence, testimony, and argument at
92such public meetings, hearings, and workshops, in person and by
93means of communications media technology. The rules shall
94provide that all evidence, testimony, and argument presented
95shall be afforded equal consideration, regardless of the method
96of communication. If a public meeting, hearing, or workshop is
97to be conducted by means of communications media technology, or
98if attendance may be provided by such means, the notice shall so
99state. The notice for public meetings, hearings, and workshops
100utilizing communications media technology shall state how
101persons interested in attending may do so and shall name
102locations, if any, where communications media technology
103facilities will be available. Nothing in this paragraph shall be
104construed to diminish the right to inspect public records under
105chapter 119. Limiting points of access to public meetings,
106hearings, and workshops subject to the provisions of s. 286.011
107to places not normally open to the public shall be presumed to
108violate the right of access of the public, and any official
109action taken under such circumstances is void and of no effect.
110Other laws relating to public meetings, hearings, and workshops,
111including penal and remedial provisions, shall apply to public
112meetings, hearings, and workshops conducted by means of
113communications media technology, and shall be liberally
114construed in their application to such public meetings,
115hearings, and workshops. As used in this subparagraph,
116"communications media technology" means the electronic
117transmission of printed matter, audio, full-motion video,
118freeze-frame video, compressed video, and digital video by any
119method available.
120     3.  Uniform rules of procedure for the filing of notice of
121protests and formal written protests. The Administration
122Commission may prescribe the form and substantive provisions of
123a required bond.
124     4.  Uniform rules of procedure for the filing of petitions
125for administrative hearings pursuant to s. 120.569 or s. 120.57.
126Such rules shall require the petition to include:
127     a.  The identification of the petitioner, including the
128petitioner's e-mail address, if any, for the transmittal of
129subsequent documents by electronic means.
130     b.  A statement of when and how the petitioner received
131notice of the agency's action or proposed action.
132     c.  An explanation of how the petitioner's substantial
133interests are or will be affected by the action or proposed
134action.
135     d.  A statement of all material facts disputed by the
136petitioner or a statement that there are no disputed facts.
137     e.  A statement of the ultimate facts alleged, including a
138statement of the specific facts the petitioner contends warrant
139reversal or modification of the agency's proposed action.
140     f.  A statement of the specific rules or statutes that the
141petitioner contends require reversal or modification of the
142agency's proposed action, including an explanation of how the
143alleged facts relate to the specific rules or statutes.
144     g.  A statement of the relief sought by the petitioner,
145stating precisely the action petitioner wishes the agency to
146take with respect to the proposed action.
147     5.  Uniform rules for the filing of request for
148administrative hearing by a respondent in agency enforcement and
149disciplinary actions. Such rules shall require a request to
150include:
151     a.  The name, address, e-mail address, and telephone number
152of the party making the request and the name, address, e-mail
153address, and telephone number of the party's counsel or
154qualified representative upon whom service of pleadings and
155other papers shall be made;
156     b.  A statement that the respondent is requesting an
157administrative hearing and disputes the material facts alleged
158by the petitioner, in which case the respondent shall identify
159those material facts that are in dispute, or that the respondent
160is requesting an administrative hearing and does not dispute the
161material facts alleged by the petitioner; and
162     c.  A reference by file number to the administrative
163complaint that the party has received from the agency and the
164date on which the agency pleading was received.
165
166The agency may provide an election-of-rights form for the
167respondent's use in requesting a hearing, so long as any form
168provided by the agency calls for the information in sub-
169subparagraphs a. through c. and does not impose any additional
170requirements on a respondent in order to request a hearing,
171unless such requirements are specifically authorized by law.
172     6.  Uniform rules of procedure for the filing and prompt
173disposition of petitions for declaratory statements. The rules
174shall also describe the contents of the notices that must be
175published in the Florida Administrative Weekly under s. 120.565,
176including any applicable time limit for the filing of petitions
177to intervene or petitions for administrative hearing by persons
178whose substantial interests may be affected.
179     7.  Provision of a method by which each agency head shall
180provide a description of the agency's organization and general
181course of its operations. The rules shall require that the
182statement concerning the agency's organization and operations be
183published on the agency's website.
184     8.  Uniform rules establishing procedures for granting or
185denying petitions for variances and waivers pursuant to s.
186120.542.
187     Section 4.  Paragraphs (c) and (d) of subsection (1) of
188section 120.56, Florida Statutes, are amended to read:
189     120.56  Challenges to rules.-
190     (1)  GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A
191RULE OR A PROPOSED RULE.-
192     (c)  The petition shall be filed by electronic means with
193the division, which shall, immediately upon filing, forward by
194electronic means copies to the agency whose rule is challenged,
195the Department of State, and the committee. Within 10 days after
196receiving the petition, the division director shall, if the
197petition complies with the requirements of paragraph (b), assign
198an administrative law judge who shall conduct a hearing within
19930 days thereafter, unless the petition is withdrawn or a
200continuance is granted by agreement of the parties or for good
201cause shown. Evidence of good cause includes, but is not limited
202to, written notice of an agency's decision to modify or withdraw
203the proposed rule or a written notice from the chair of the
204committee stating that the committee will consider an objection
205to the rule at its next scheduled meeting. The failure of an
206agency to follow the applicable rulemaking procedures or
207requirements set forth in this chapter shall be presumed to be
208material; however, the agency may rebut this presumption by
209showing that the substantial interests of the petitioner and the
210fairness of the proceedings have not been impaired.
211     (d)  Within 30 days after the hearing, the administrative
212law judge shall render a decision and state the reasons therefor
213in writing. The division shall forthwith transmit by electronic
214means copies of the administrative law judge's decision to the
215agency, the Department of State, and the committee.
216     Section 5.  Paragraph (a) of subsection (2) of section
217120.569, Florida Statutes, is amended to read:
218     120.569  Decisions which affect substantial interests.-
219     (2)(a)  Except for any proceeding conducted as prescribed
220in s. 120.56, a petition or request for a hearing under this
221section shall be filed with the agency. If the agency requests
222an administrative law judge from the division, it shall so
223notify the division by electronic means through the division's
224website within 15 days after receipt of the petition or request.
225A request for a hearing shall be granted or denied within 15
226days after receipt. On the request of any agency, the division
227shall assign an administrative law judge with due regard to the
228expertise required for the particular matter. The referring
229agency shall take no further action with respect to a proceeding
230under s. 120.57(1), except as a party litigant, as long as the
231division has jurisdiction over the proceeding under s.
232120.57(1). Any party may request the disqualification of the
233administrative law judge by filing an affidavit with the
234division prior to the taking of evidence at a hearing, stating
235the grounds with particularity.
236     Section 6.  Paragraph (d) of subsection (3) of section
237120.57, Florida Statutes, is amended to read:
238     120.57  Additional procedures for particular cases.-
239     (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
240CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter
241shall use the uniform rules of procedure, which provide
242procedures for the resolution of protests arising from the
243contract solicitation or award process. Such rules shall at
244least provide that:
245     (d)1.  The agency shall provide an opportunity to resolve
246the protest by mutual agreement between the parties within 7
247days, excluding Saturdays, Sundays, and state holidays, after
248receipt of a formal written protest.
249     2.  If the subject of a protest is not resolved by mutual
250agreement within 7 days, excluding Saturdays, Sundays, and state
251holidays, after receipt of the formal written protest, and if
252there is no disputed issue of material fact, an informal
253proceeding shall be conducted pursuant to subsection (2) and
254applicable agency rules before a person whose qualifications
255have been prescribed by rules of the agency.
256     3.  If the subject of a protest is not resolved by mutual
257agreement within 7 days, excluding Saturdays, Sundays, and state
258holidays, after receipt of the formal written protest, and if
259there is a disputed issue of material fact, the agency shall
260refer the protest to the division by electronic means through
261the division's website for proceedings under subsection (1).
262     Section 7.  Section 120.585, Florida Statutes, is created
263to read:
264     120.585  Electronic filing.-All documents filed with the
265division by a party represented by an attorney must be filed by
266electronic means through the division's website. All documents
267filed with the division by a party not represented by an
268attorney shall, whenever possible, be filed by electronic means
269through the division's website.
270     Section 8.  Section 287.05721, Florida Statutes, is amended
271to read:
272     287.05721  Definitions.-As used in ss. 287.0571-287.0574,
273the term:
274     (1)  "Council" means the Council on Efficient Government.
275     (2)  "outsource" means the process of contracting with a
276vendor to provide a service as defined in s. 216.011(1)(f), in
277whole or in part, or an activity as defined in s.
278216.011(1)(rr), while a state agency retains the responsibility
279and accountability for the service or activity and there is a
280transfer of management responsibility for the delivery of
281resources and the performance of those resources.
282     Section 9.  Section 287.0573, Florida Statutes, is
283repealed.
284     Section 10.  Section 287.0574, Florida Statutes, is amended
285to read:
286     287.0574  Business cases to outsource; review and analysis;
287requirements.-
288     (1)  A business case to outsource having a projected cost
289exceeding $10 million in any fiscal year shall require:
290     (a)  An initial business case analysis conducted by the
291state agency and submitted to the council, the Governor, the
292President of the Senate, and the Speaker of the House of
293Representatives at least 60 days before a solicitation is
294issued. The council shall evaluate the business case analysis
295and submit an advisory report to the state agency, the Governor,
296the President of the Senate, and the Speaker of the House of
297Representatives when the advisory report is completed, but at
298least 30 days before the agency issues the solicitation.
299     (b)  A final business case analysis conducted by the state
300agency and submitted after the conclusion of any negotiations,
301at least 30 days before execution of a contract, to the council,
302the Governor, the President of the Senate, and the Speaker of
303the House of Representatives.
304     (2)  A proposal to outsource having a projected cost that
305ranges from $1 million to $10 million in any fiscal year shall
306require:
307     (a)  An initial business case analysis conducted by the
308state agency and submission of the business case, at least 30
309days before issuing a solicitation, to the council, the
310Governor, the President of the Senate, and the Speaker of the
311House of Representatives.
312     (b)  A final business case analysis conducted by the state
313agency and submitted after the conclusion of any negotiations,
314at least 30 days before execution of a contract, to the council,
315the Governor, the President of the Senate, and the Speaker of
316the House of Representatives.
317     (3)  A business case to outsource having a projected cost
318that is less than $1 million in any fiscal year shall require a
319final business case analysis conducted by the state agency after
320the conclusion of any negotiations and provided at least 30 days
321before execution of a contract to the department council. The
322council shall provide such business cases in its annual report
323to the Legislature.
324     (4)  For any proposed outsourcing, the state agency shall
325develop a business case that justifies the proposal to
326outsource. In order to reduce any administrative burden, the
327council may allow a state agency may to submit the business case
328in the form required by the budget instructions issued pursuant
329to s. 216.023(4)(a)7., augmented with additional information if
330necessary, to ensure that the requirements of this section are
331met. The business case is not subject to challenge or protest
332pursuant to chapter 120. The business case must include, but
333need not be limited to:
334     (a)  A detailed description of the service or activity for
335which the outsourcing is proposed.
336     (b)  A description and analysis of the state agency's
337current performance, based on existing performance metrics if
338the state agency is currently performing the service or
339activity.
340     (c)  The goals desired to be achieved through the proposed
341outsourcing and the rationale for such goals.
342     (d)  A citation to the existing or proposed legal authority
343for outsourcing the service or activity.
344     (e)  A description of available options for achieving the
345goals. If state employees are currently performing the service
346or activity, at least one option involving maintaining state
347provision of the service or activity shall be included.
348     (f)  An analysis of the advantages and disadvantages of
349each option, including, at a minimum, potential performance
350improvements and risks.
351     (g)  A description of the current market for the
352contractual services that are under consideration for
353outsourcing.
354     (h)  A cost-benefit analysis documenting the direct and
355indirect specific baseline costs, savings, and qualitative and
356quantitative benefits involved in or resulting from the
357implementation of the recommended option or options. Such
358analysis must specify the schedule that, at a minimum, must be
359adhered to in order to achieve the estimated savings. All
360elements of cost must be clearly identified in the cost-benefit
361analysis, described in the business case, and supported by
362applicable records and reports. The state agency head shall
363attest that, based on the data and information underlying the
364business case, to the best of his or her knowledge, all
365projected costs, savings, and benefits are valid and achievable.
366As used in this section, the term "cost" means the reasonable,
367relevant, and verifiable cost, which may include, but is not
368limited to, elements such as personnel, materials and supplies,
369services, equipment, capital depreciation, rent, maintenance and
370repairs, utilities, insurance, personnel travel, overhead, and
371interim and final payments. The appropriate elements shall
372depend on the nature of the specific initiative. As used in this
373section, the term "savings" means the difference between the
374direct and indirect actual annual baseline costs compared to the
375projected annual cost for the contracted functions or
376responsibilities in any succeeding state fiscal year during the
377term of the contract.
378     (i)  A description of differences among current state
379agency policies and processes and, as appropriate, a discussion
380of options for or a plan to standardize, consolidate, or revise
381current policies and processes, if any, to reduce the
382customization of any proposed solution that would otherwise be
383required.
384     (j)  A description of the specific performance standards
385that must, at a minimum, be met to ensure adequate performance.
386     (k)  The projected timeframe for key events from the
387beginning of the procurement process through the expiration of a
388contract.
389     (l)  A plan to ensure compliance with the public records
390law.
391     (m)  A specific and feasible contingency plan addressing
392contractor nonperformance and a description of the tasks
393involved in and costs required for its implementation.
394     (n)  A state agency's transition plan for addressing
395changes in the number of agency personnel, affected business
396processes, employee transition issues, and communication with
397affected stakeholders, such as agency clients and the public.
398The transition plan must contain a reemployment and retraining
399assistance plan for employees who are not retained by the state
400agency or employed by the contractor.
401     (o)  A plan for ensuring access by persons with
402disabilities in compliance with applicable state and federal
403law.
404     (p)  A description of legislative and budgetary actions
405necessary to accomplish the proposed outsourcing.
406     (5)  In addition to the contract requirements provided in
407s. 287.058, each contract for a proposed outsourcing, pursuant
408to this section, must include, but need not be limited to, the
409following contractual provisions:
410     (a)  A scope-of-work provision that clearly specifies each
411service or deliverable to be provided, including a description
412of each deliverable or activity that is quantifiable,
413measurable, and verifiable. This provision must include a clause
414that states if a particular service or deliverable is
415inadvertently omitted or not clearly specified but determined to
416be operationally necessary and verified to have been performed
417by the agency within the 12 months before the execution of the
418contract, such service or deliverable will be provided by the
419contractor through the identified contract-amendment process.
420     (b)  A service-level-agreement provision describing all
421services to be provided under the terms of the agreement, the
422state agency's service requirements and performance objectives,
423specific responsibilities of the state agency and the
424contractor, and the process for amending any portion of the
425service-level agreement. Each service-level agreement must
426contain an exclusivity clause that allows the state agency to
427retain the right to perform the service or activity, directly or
428with another contractor, if service levels are not being
429achieved.
430     (c)  A provision that identifies all associated costs,
431specific payment terms, and payment schedules, including
432provisions governing incentives and financial disincentives and
433criteria governing payment.
434     (d)  A provision that identifies a clear and specific
435transition plan that will be implemented in order to complete
436all required activities needed to transfer the service or
437activity from the state agency to the contractor and operate the
438service or activity successfully.
439     (e)  A performance-standards provision that identifies all
440required performance standards, which must include, at a
441minimum:
442     1.  Detailed and measurable acceptance criteria for each
443deliverable and service to be provided to the state agency under
444the terms of the contract which document the required
445performance level.
446     2.  A method for monitoring and reporting progress in
447achieving specified performance standards and levels.
448     3.  The sanctions or disincentives that shall be imposed
449for nonperformance by the contractor or state agency.
450     (f)  A provision that requires the contractor and its
451subcontractors to maintain adequate accounting records that
452comply with all applicable federal and state laws and generally
453accepted accounting principles.
454     (g)  A provision that authorizes the state agency to have
455access to and to audit all records related to the contract and
456subcontracts, or any responsibilities or functions under the
457contract and subcontracts, for purposes of legislative
458oversight, and a requirement for audits by a service
459organization in accordance with professional auditing standards,
460if appropriate.
461     (h)  A provision that requires the contractor to interview
462and consider for employment with the contractor each displaced
463state employee who is interested in such employment.
464     (i)  A contingency-plan provision that describes the
465mechanism for continuing the operation of the service or
466activity, including transferring the service or activity back to
467the state agency or successor contractor if the contractor fails
468to perform and comply with the performance standards and levels
469of the contract and the contract is terminated.
470     (j)  A provision that requires the contractor and its
471subcontractors to comply with public records laws, specifically
472to:
473     1.  Keep and maintain the public records that ordinarily
474and necessarily would be required by the state agency in order
475to perform the service or activity.
476     2.  Provide the public with access to such public records
477on the same terms and conditions that the state agency would
478provide the records and at a cost that does not exceed that
479provided in chapter 119 or as otherwise provided by law.
480     3.  Ensure that records that are exempt or records that are
481confidential and exempt are not disclosed except as authorized
482by law.
483     4.  Meet all requirements for retaining records and
484transfer to the state agency, at no cost, all public records in
485possession of the contractor upon termination of the contract
486and destroy any duplicate public records that are exempt or
487confidential and exempt. All records stored electronically must
488be provided to the state agency in a format that is compatible
489with the information technology systems of the state agency.
490     (k)  A provision that addresses ownership of intellectual
491property. This paragraph does not provide the specific authority
492needed by an agency to obtain a copyright or trademark.
493     (l)  If applicable, a provision that allows the agency to
494purchase from the contractor, at its depreciated value, assets
495used by the contractor in the performance of the contract. If
496assets have not depreciated, the agency shall retain the right
497to 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
503shall meet as often as necessary, but no less frequently than
504annually.
505     (b)  The task force shall be regionally balanced and
506comprised of officials representing the department, counties,
507municipalities, school boards, special districts, and other
508political subdivisions of the state who administer programs to
509assist minority businesses in procurement or development in
510government-sponsored programs. The following organizations may
511appoint two members each of the task force who fit the
512description 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
518Officials.
519     6.  The Florida Association of Government Purchasing
520Officials.
521
522In addition, the Office of Supplier Diversity shall appoint
523seven members consisting of three representatives of minority
524business enterprises, one of whom should be a woman business
525owner, two officials of the office, and two at-large members to
526ensure balance. The chairperson of the Legislative Committee on
527Intergovernmental Relations or a designee shall be a member of
528the task force, ex officio. A quorum shall consist of one-third
529of the current members, and the task force may take action by
530majority vote. Any vacancy may only be filled by the
531organization or agency originally authorized to appoint the
532position.
533     (c)  The purpose of the task force will be to propose
534uniform criteria and procedures by which participating entities
535and organizations can qualify businesses to participate in
536procurement or contracting programs as certified minority
537business enterprises in accordance with the certification
538criteria established by law.
539     (d)  A final list of the criteria and procedures proposed
540by the task force shall be considered by the secretary. The task
541force may seek technical assistance from qualified providers of
542technical, business, and managerial expertise to ensure the
543reliability of the certification criteria developed.
544     (a)(e)  In assessing the status of ownership and control,
545certification criteria shall, at a minimum:
546     1.  Link ownership by a minority person, as defined in s.
547288.703(3), or as dictated by the legal obligations of a
548certifying organization, to day-to-day control and financial
549risk by the qualifying minority owner, and to demonstrated
550expertise or licensure of a minority owner in any trade or
551profession that the minority business enterprise will offer to
552the state when certified. Businesses must comply with all state
553licensing requirements prior to becoming certified as a minority
554business enterprise.
555     2.  If present ownership was obtained by transfer, require
556the minority person on whom eligibility is based to have owned
557at least 51 percent of the applicant firm for a minimum of 2
558years, when any previous majority ownership interest in the firm
559was by a nonminority who is or was a relative, former employer,
560or current employer of the minority person on whom eligibility
561is based. This requirement shall not apply to minority persons
562who are otherwise eligible who take a 51-percent-or-greater
563interest in a firm that requires professional licensure to
564operate and who will be the qualifying licenseholder for the
565firm when certified. A transfer made within a related immediate
566family group from a nonminority person to a minority person in
567order to establish ownership by a minority person shall be
568deemed to have been made solely for purposes of satisfying
569certification criteria and shall render such ownership invalid
570for purposes of qualifying for such certification if the
571combined total net asset value of all members of such family
572group exceeds $1 million. For purposes of this subparagraph, the
573term "related immediate family group" means one or more children
574under 16 years of age and a parent of such children or the
575spouse of such parent residing in the same house or living unit.
576     3.  Require that prospective certified minority business
577enterprises be currently performing or seeking to perform a
578useful business function. A "useful business function" is
579defined as a business function which results in the provision of
580materials, supplies, equipment, or services to customers. Acting
581as a conduit to transfer funds to a nonminority business does
582not constitute a useful business function unless it is done so
583in a normal industry practice. As used in this section, the term
584"acting as a conduit" means, in part, not acting as a regular
585dealer by making sales of material, goods, or supplies from
586items bought, kept in stock, and regularly sold to the public in
587the usual course of business. Brokers, manufacturer's
588representatives, sales representatives, and nonstocking
589distributors are considered as conduits that do not perform a
590useful business function, unless normal industry practice
591dictates.
592     (b)(f)  When a business receives payments or awards
593exceeding $100,000 in one fiscal year, a review of its
594certification status or an audit will be conducted within 2
595years. In addition, random reviews or audits will be conducted
596as deemed appropriate by the Office of Supplier Diversity.
597     (c)(g)  The certification criteria approved by the task
598force and adopted by the Department of Management Services shall
599be included in a statewide and interlocal agreement as defined
600in s. 287.09431 and, in accordance with s. 163.01, shall be
601executed according to the terms included therein.
602     (d)(h)  The certification procedures should allow an
603applicant seeking certification to designate on the application
604form the information the applicant considers to be proprietary,
605confidential business information. As used in this paragraph,
606"proprietary, confidential business information" includes, but
607is not limited to, any information that would be exempt from
608public inspection pursuant to the provisions of chapter 119;
609trade secrets; internal auditing controls and reports; contract
610costs; or other information the disclosure of which would injure
611the affected party in the marketplace or otherwise violate s.
612286.041. The executor in receipt of the application shall issue
613written and final notice of any information for which
614noninspection is requested but not provided for by law.
615     (e)(i)  A business that is certified under the provisions
616of the statewide and interlocal agreement shall be deemed a
617certified minority enterprise in all jurisdictions or
618organizations where the agreement is in effect, and that
619business is deemed available to do business as such within any
620such jurisdiction or with any such organization statewide. All
621state agencies must accept minority business enterprises
622certified in accordance with the statewide and interlocal
623agreement of s. 287.09431, and that business shall also be
624deemed a "certified minority business enterprise" as defined in
625s. 288.703. However, any governmental jurisdiction or
626organization that administers a minority business purchasing
627program may reserve the right to establish further certification
628procedures necessary to comply with federal law.
629     (j)  The statewide and interlocal agreement shall be guided
630by the terms and conditions found therein and may be amended at
631any meeting of the task force and subsequently adopted by the
632secretary of the Department of Management Services. The amended
633agreement must be enacted, initialed, and legally executed by at
634least two-thirds of the certifying entities party to the
635existing agreement and adopted by the state as originally
636executed in order to bind the certifying entity.
637     (k)  The task force shall meet for the first time no later
638than 45 days after the effective date of this act.
639     (3)
640     (e)  Any participating program receiving three or more
641challenges to its certification decisions pursuant to subsection
642(4) from other organizations that are executors to the statewide
643and interlocal agreement, shall be subject to a review by the
644office, as provided in paragraphs (a) and (b), of the
645organization's capacity to perform under such agreement and in
646accordance with the certification core criteria established by
647the task force. The office shall submit a report to the
648secretary of the Department of Management Services regarding the
649results of the review.
650     Section 12.  Subsection (1) of section 287.0947, Florida
651Statutes, is amended to read:
652     287.0947  Florida Advisory Council on Small and Minority
653Business Development; creation; membership; duties.-
654     (1)  On or after October 1, 2010 1996, the secretary of the
655Department of Management Services Labor and Employment Security
656may create the Florida Advisory Council on Small and Minority
657Business Development with the purpose of advising and assisting
658the Office of Supplier Diversity secretary in carrying out the
659office's secretary's duties with respect to minority businesses
660and economic and business development. It is the intent of the
661Legislature that the membership of such council include
662practitioners, laypersons, financiers, and others with business
663development experience who can provide invaluable insight and
664expertise for this state in the diversification of its markets
665and networking of business opportunities. The council shall
666initially consist of 19 persons, each of whom is or has been
667actively engaged in small and minority business development,
668either in private industry, in governmental service, or as a
669scholar of recognized achievement in the study of such matters.
670Initially, the council shall consist of members representing all
671regions of the state and shall include at least one member from
672each group identified within the definition of "minority person"
673in s. 288.703(3), considering also gender and nationality
674subgroups, and shall consist of the following:
675     (a)  Four members consisting of representatives of local
676and federal small and minority business assistance programs or
677community development programs.
678     (b)  Eight members composed of representatives of the
679minority private business sector, including certified minority
680business enterprises and minority supplier development councils,
681among whom at least two shall be women and at least four shall
682be minority persons.
683     (c)  Two representatives of local government, one of whom
684shall be a representative of a large local government, and one
685of whom shall be a representative of a small local government.
686     (d)  Two representatives from the banking and insurance
687industry.
688     (e)  Two members from the private business sector,
689representing the construction and commodities industries.
690     (f)  The chairperson of the Florida Black Business
691Investment Board or the chairperson's designee.
692
693A candidate for appointment may be considered if eligible to be
694certified as an owner of a minority business enterprise, or if
695otherwise qualified under the criteria above. Vacancies may be
696filled by appointment of the secretary, in the manner of the
697original appointment.
698     Section 13.  Subsections (1) and (8) of section 440.192,
699Florida 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,
702and owing, file by certified mail, or by electronic means
703approved by the Deputy Chief Judge, with the Office of the
704Judges of Compensation Claims a petition for benefits which
705meets the requirements of this section and the definition of
706specificity in s. 440.02. An employee represented by an attorney
707shall file by electronic means approved by the Deputy Chief
708Judge. An employee not represented by an attorney may file by
709certified mail or by electronic means approved by the Deputy
710Chief Judge. The department shall inform employees of the
711location of the Office of the Judges of Compensation Claims and
712the office's website address for purposes of filing a petition
713for benefits. The employee shall also serve copies of the
714petition for benefits by certified mail, or by electronic means
715approved by the Deputy Chief Judge, upon the employer and the
716employer's carrier. The Deputy Chief Judge shall refer the
717petitions to the judges of compensation claims.
718     (8)  Within 14 days after receipt of a petition for
719benefits by certified mail or by approved electronic means, the
720carrier must either pay the requested benefits without prejudice
721to its right to deny within 120 days from receipt of the
722petition or file a response to petition with the Office of the
723Judges of Compensation Claims. The response shall be filed by
724electronic means approved by the Deputy Chief Judge. The carrier
725must list all benefits requested but not paid and explain its
726justification for nonpayment in the response to petition. A
727carrier that does not deny compensability in accordance with s.
728440.20(4) is deemed to have accepted the employee's injuries as
729compensable, unless it can establish material facts relevant to
730the issue of compensability that could not have been discovered
731through reasonable investigation within the 120-day period. The
732carrier shall provide copies of the response to the filing
733party, employer, and claimant by certified mail or by electronic
734means 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
737amended to read:
738     440.25  Procedures for mediation and hearings.-
739     (1)  Forty days after a petition for benefits is filed
740under s. 440.192, the judge of compensation claims shall notify
741the interested parties by order that a mediation conference
742concerning such petition has been scheduled unless the parties
743have notified the judge of compensation claims that a private
744mediation has been held or is scheduled to be held. A mediation,
745whether private or public, shall be held within 130 days after
746the filing of the petition. Such order must give the date the
747mediation conference is to be held. Such order may be served
748personally upon the interested parties or may be sent to the
749interested parties by mail or by electronic means approved by
750the Deputy Chief Judge. If multiple petitions are pending, or if
751additional petitions are filed after the scheduling of a
752mediation, the judge of compensation claims shall consolidate
753all petitions into one mediation. The claimant or the adjuster
754of the employer or carrier may, at the mediator's discretion,
755attend the mediation conference by telephone or, if agreed to by
756the parties, other electronic means. A continuance may be
757granted upon the agreement of the parties or if the requesting
758party demonstrates to the judge of compensation claims that the
759reason for requesting the continuance arises from circumstances
760beyond the party's control. Any order granting a continuance
761must set forth the date of the rescheduled mediation conference.
762A mediation conference may not be used solely for the purpose of
763mediating attorney's fees.
764     (4)(a)  If the parties fail to agree to written submission
765of pretrial stipulations, the judge of compensation claims shall
766conduct a live pretrial hearing. The judge of compensation
767claims shall give the interested parties at least 14 days'
768advance notice of the pretrial hearing by mail or by electronic
769means approved by the Deputy Chief Judge.
770     (c)  The judge of compensation claims shall give the
771interested parties at least 14 days' advance notice of the final
772hearing, served upon the interested parties by mail or by
773electronic means approved by the Deputy Chief Judge.
774     (e)  The order making an award or rejecting the claim,
775referred to in this chapter as a "compensation order," shall set
776forth the findings of ultimate facts and the mandate; and the
777order need not include any other reason or justification for
778such mandate. The compensation order shall be filed in the
779Office of the Judges of Compensation Claims at Tallahassee. A
780copy of such compensation order shall be sent by mail or by
781electronic means approved by the Deputy Chief Judge to the
782parties and attorneys of record and any parties not represented
783by an attorney at the last known address of each, with the date
784of mailing noted thereon.
785     Section 15.  Subsection (3) of section 440.29, Florida
786Statutes, is amended to read:
787     440.29  Procedure before the judge of compensation claims.-
788     (3)  The practice and procedure before the judges of
789compensation claims shall be governed by rules adopted by the
790Office of the Judges of Compensation Claims Supreme Court,
791except to the extent that such rules conflict with the
792provisions of this chapter.
793     Section 16.  Subsection (4) of section 440.45, Florida
794Statutes, 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
797adopt rules to effectuate effect the purposes of this section.
798Such rules shall include procedural rules applicable to workers'
799compensation claim resolution, including rules requiring
800electronic filing and service where deemed appropriate by the
801Deputy Chief Judge, and uniform criteria for measuring the
802performance of the office, including, but not limited to, the
803number of cases assigned and resolved disposed, the age of
804pending and resolved disposed cases, timeliness of decisions
805decisionmaking, extraordinary fee awards, and other data
806necessary for the judicial nominating commission to review the
807performance of judges as required in paragraph (2)(c). The
808workers' compensation rules of procedure approved by the Supreme
809Court apply until the rules adopted by the Office of the Judges
810of Compensation Claims pursuant to this section become
811effective.
812     Section 17.  Paragraph (b) of subsection (4) of section
813553.73, Florida Statutes, is amended to read:
814     553.73  Florida Building Code.-
815     (4)
816     (b)  Local governments may, subject to the limitations of
817this section, adopt amendments to the technical provisions of
818the Florida Building Code which apply solely within the
819jurisdiction of such government and which provide for more
820stringent requirements than those specified in the Florida
821Building Code, not more than once every 6 months. A local
822government may adopt technical amendments that address local
823needs if:
824     1.  The local governing body determines, following a public
825hearing which has been advertised in a newspaper of general
826circulation at least 10 days before the hearing, that there is a
827need to strengthen the requirements of the Florida Building
828Code. The determination must be based upon a review of local
829conditions by the local governing body, which review
830demonstrates by evidence or data that the geographical
831jurisdiction governed by the local governing body exhibits a
832local need to strengthen the Florida Building Code beyond the
833needs or regional variation addressed by the Florida Building
834Code, that the local need is addressed by the proposed local
835amendment, and that the amendment is no more stringent than
836necessary to address the local need.
837     2.  Such additional requirements are not discriminatory
838against materials, products, or construction techniques of
839demonstrated capabilities.
840     3.  Such additional requirements may not introduce a new
841subject not addressed in the Florida Building Code.
842     4.  The enforcing agency shall make readily available, in a
843usable format, all amendments adopted pursuant to this section.
844     5.  Any amendment to the Florida Building Code shall be
845transmitted within 30 days by the adopting local government to
846the commission. The commission shall maintain copies of all such
847amendments in a format that is usable and obtainable by the
848public. Local technical amendments shall not become effective
849until 30 days after the amendment has been received and
850published by the commission.
851     6.  Any amendment to the Florida Building Code adopted by a
852local government pursuant to this paragraph shall be effective
853only until the adoption by the commission of the new edition of
854the Florida Building Code every third year. At such time, the
855commission shall review such amendment for consistency with the
856criteria in paragraph (8)(a) and adopt such amendment as part of
857the Florida Building Code or rescind the amendment. The
858commission shall immediately notify the respective local
859government of the rescission of any amendment. After receiving
860such notice, the respective local government may readopt the
861rescinded amendment pursuant to the provisions of this
862paragraph.
863     7.  Each county and municipality desiring to make local
864technical amendments to the Florida Building Code shall by
865interlocal agreement establish a countywide compliance review
866board to review any amendment to the Florida Building Code,
867adopted by a local government within the county pursuant to this
868paragraph, that is challenged by any substantially affected
869party for purposes of determining the amendment's compliance
870with this paragraph. If challenged, the local technical
871amendments shall not become effective until time for filing an
872appeal pursuant to subparagraph 8. has expired or, if there is
873an appeal, until the commission issues its final order
874determining the adopted amendment is in compliance with this
875subsection.
876     8.  If the compliance review board determines such
877amendment is not in compliance with this paragraph, the
878compliance review board shall notify such local government of
879the noncompliance and that the amendment is invalid and
880unenforceable until the local government corrects the amendment
881to bring it into compliance. The local government may appeal the
882decision of the compliance review board to the commission. If
883the compliance review board determines such amendment to be in
884compliance with this paragraph, any substantially affected party
885may appeal such determination to the commission. Any such appeal
886shall be filed with the commission within 14 days of the board's
887written determination. The commission shall promptly refer the
888appeal to the Division of Administrative Hearings by electronic
889means through the division's website for the assignment of an
890administrative law judge. The administrative law judge shall
891conduct the required hearing within 30 days, and shall enter a
892recommended order within 30 days of the conclusion of such
893hearing. The commission shall enter a final order within 30 days
894thereafter. The provisions of chapter 120 and the uniform rules
895of procedure shall apply to such proceedings. The local
896government adopting the amendment that is subject to challenge
897has the burden of proving that the amendment complies with this
898paragraph in proceedings before the compliance review board and
899the commission, as applicable. Actions of the commission are
900subject to judicial review pursuant to s. 120.68. The compliance
901review board shall determine whether its decisions apply to a
902respective local jurisdiction or apply countywide.
903     9.  An amendment adopted under this paragraph shall include
904a fiscal impact statement which documents the costs and benefits
905of the proposed amendment. Criteria for the fiscal impact
906statement shall include the impact to local government relative
907to enforcement, the impact to property and building owners, as
908well as to industry, relative to the cost of compliance. The
909fiscal impact statement may not be used as a basis for
910challenging the amendment for compliance.
911     10.  In addition to subparagraphs 7. and 9., the commission
912may review any amendments adopted pursuant to this subsection
913and make nonbinding recommendations related to compliance of
914such amendments with this subsection.
915     Section 18.  Subsection (1) of section 760.03, Florida
916Statutes, is reenacted.
917     Section 19.  Subsections (3), (7), and (8) of section
918760.11, Florida Statutes, are amended to read:
919     760.11  Administrative and civil remedies; construction.-
920     (3)  Except as provided in subsection (2), the commission
921shall investigate the allegations in the complaint. Within 240
922180 days after of the filing of the complaint or, effective July
9231, 2013, within 180 days after the filing of the complaint, the
924commission shall determine if there is reasonable cause to
925believe that discriminatory practice has occurred in violation
926of the Florida Civil Rights Act of 1992. When the commission
927determines whether or not there is reasonable cause, the
928commission by registered mail shall promptly notify the
929aggrieved person and the respondent of the reasonable cause
930determination, the date of such determination, and the options
931available under this section.
932     (7)  If the commission determines that there is not
933reasonable cause to believe that a violation of the Florida
934Civil Rights Act of 1992 has occurred, the commission shall
935dismiss the complaint. The aggrieved person may request an
936administrative hearing under ss. 120.569 and 120.57, but any
937such request must be made within 35 days after of the date of
938determination of reasonable cause and any such hearing shall be
939heard by an administrative law judge and not by the commission
940or a commissioner. An aggrieved person seeking administrative
941relief shall submit a $200 filing fee to the Division of
942Administrative Hearings, which shall be waived upon a finding
943that the aggrieved person is indigent pursuant to s. 57.081. The
944division, in its discretion, may provide for the recovery of the
945filing fee if the aggrieved person prevails at the hearing. If
946the aggrieved person does not request an administrative hearing
947within the 35-day period 35 days, the claim will be barred. If
948the administrative law judge finds that a violation of the
949Florida Civil Rights Act of 1992 has occurred, he or she shall
950issue an appropriate recommended order to the commission
951prohibiting the practice and recommending affirmative relief
952from the effects of the practice, including back pay. Within 90
953days after of the date the recommended order is rendered, the
954commission shall issue a final order by adopting, rejecting, or
955modifying the recommended order as provided under ss. 120.569
956and 120.57. The 90-day period may be extended with the consent
957of all the parties. In any action or proceeding under this
958subsection, the commission, in its discretion, may allow the
959prevailing party a reasonable attorney's fee as part of the
960costs. It is the intent of the Legislature that this provision
961for attorney's fees be interpreted in a manner consistent with
962federal case law involving a Title VII action. If In the event
963the final order issued by the commission determines that a
964violation of the Florida Civil Rights Act of 1992 has occurred,
965the aggrieved person may bring, within 1 year after of the date
966of the final order, a civil action under subsection (5) as if
967there has been a reasonable cause determination or accept the
968affirmative relief offered by the commission, but not both.
969     (8)  If In the event that the commission fails to
970conciliate or determine whether there is reasonable cause on any
971complaint under this section within 240 180 days after of the
972filing of the complaint or, effective July 1, 2013, within 180
973days after the filing of the complaint, an aggrieved person may
974proceed under subsection (4), as if the commission determined
975that there was reasonable cause.
976     Section 20.  Subsection (2) of section 766.305, Florida
977Statutes, is amended to read:
978     766.305  Filing of claims and responses; medical
979disciplinary review.-
980     (2)  The claimant shall furnish the division with as many
981copies of the petition as required for service upon the
982association, any physician and hospital named in the petition,
983and the Division of Medical Quality Assurance, along with a $15
984filing fee of $15 payable to the Division of Administrative
985Hearings. Upon receipt of the petition, the division shall
986immediately serve the association, by service upon the agent
987designated to accept service on behalf of the association, by
988registered or certified mail, and shall mail copies of the
989petition, by registered or certified mail, to any physician,
990health care provider, and hospital named in the petition, and
991shall furnish a copy by electronic means through the division's
992website or regular mail to the Division of Medical Quality
993Assurance, and the Agency for Health Care Administration, and
994the association by service upon the agent designated to accept
995service on behalf of the association.
996     Section 21.  Subsection (2) of section 766.309, Florida
997Statutes, is amended to read:
998     766.309  Determination of claims; presumption; findings of
999administrative law judge binding on participants.-
1000     (2)  If the administrative law judge determines that the
1001injury alleged is not a birth-related neurological injury or
1002that obstetrical services were not delivered by a participating
1003physician at the birth, she or he shall enter an order and shall
1004cause a copy of such order to be sent immediately to the parties
1005by electronic means through the division's website or by regular
1006registered or certified mail.
1007     Section 22.  Subsection (3) of section 766.31, Florida
1008Statutes, is amended to read:
1009     766.31  Administrative law judge awards for birth-related
1010neurological injuries; notice of award.-
1011     (3)  A copy of the award shall be sent immediately by
1012electronic means through the division's website or by regular
1013registered or certified mail to each person served with a copy
1014of the petition under s. 766.305(2).
1015     Section 23.  Paragraph (b) of subsection (4) of section
1016961.03, Florida Statutes, is amended to read:
1017     961.03  Determination of status as a wrongfully
1018incarcerated person; determination of eligibility for
1019compensation.-
1020     (4)
1021     (b)  If the prosecuting authority responds as set forth in
1022paragraph (2)(b), and the court determines that the petitioner
1023is eligible under the provisions of s. 961.04, but the
1024prosecuting authority contests the nature, significance or
1025effect of the evidence of actual innocence, or the facts related
1026to the petitioner's alleged wrongful incarceration, the court
1027shall set forth its findings and transfer the petition by
1028electronic means through the division's website to the division
1029for findings of fact and a recommended determination of whether
1030the petitioner has established that he or she is a wrongfully
1031incarcerated person who is eligible for compensation under this
1032act.
1033     Section 24.  This act shall take effect July 1, 2010.


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