Notice of Change/Withdrawal

DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.004: Voting Machine Equipment Regulation/Purchase, Use and Sale
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 38, September 23, 2011 issue of the Florida Administrative Weekly.

Based upon written comments received from the Joint Administrative Procedures Committee, paragraph (a) of subsection (3) has been revised to correct a statutory reference and procedure for exceptions to the competitive bid process, and will now read as indicated below. Additionally, the numbering of subsections (5)-(7) has been corrected to subsections (5)-(8).

(3) Regulations for Purchase.

(a) Competitive Solicitation Process.

1. When the individual or combined total purchase or sale price of voting equipment or system exceeds the threshold amount for Category Two purchases under Section 287.017, F.S., the governing body shall follow the applicable local procurement policies, procedures and rules for competitive solicitation to the extent not otherwise addressed in this subsection.

2. If the governing body determines, pursuant to Section 101.293, F.S., that an emergency situation exists or that there is only a single source available for the voting system or equipment, the chair of the governing body shall certify the situation and conditions for the exception to the Division within 10 days of the governing body’s approval to acquire the equipment or system outside the competitive solicitation process and any requirements in this subsection.

3. The governing body shall enter all bids, tabulations of bids, and responses related to bids in a permanent record and maintain the record for public inspection upon request, subject to exemptions or restrictions under applicable public records and copyright laws.