AB792-ASA1, s. 34 13Section 34. 85.65 of the statutes is created to read:
AB792-ASA1,28,20 1485.65 Workload outsourcing rules. The department shall promulgate rules
15establishing a methodology to determine the percentage of work for which the
16department has responsibility that the department may outsource to persons not
17employed by the department. The rules shall set forth a process by which the
18department could attain staffing levels sufficiently proficient to ensure that not more
19than 50 percent of work for which the department has responsibility is outsourced
20to persons not employed by the department.
AB792-ASA1, s. 35 21Section 35. 102.81 (2) of the statutes is amended to read:
AB792-ASA1,29,922 102.81 (2) The department may retain an insurance carrier or insurance
23service organization to process, investigate and pay claims under this section and
24may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
25do business in this state in an amount that the secretary determines is necessary for

1the sound operation of the uninsured employers fund. In cases involving disputed
2claims, the department may retain an attorney to represent the interests of the
3uninsured employers fund and to make appearances on behalf of the uninsured
4employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all
5provisions of subch. IV of ch. 16, except s. ss. 16.753 and 16.771, do not apply to an
6attorney hired under this subsection. The charges for the services retained under
7this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost
8of any reinsurance obtained under this subsection shall be paid from the
9appropriation under s. 20.445 (1) (sm).
AB792-ASA1, s. 36 10Section 36. 165.08 of the statutes is amended to read:
AB792-ASA1,29,19 11165.08 Power to compromise. Any civil action prosecuted by the
12department by direction of any officer, department, board or commission, shall be
13compromised or discontinued when so directed by such officer, department, board or
14commission. Except as provided in s. ss. 20.931 (7) (b) and 20.932 (7) (b), any civil
15action prosecuted by the department on the initiative of the attorney general, or at
16the request of any individual may be compromised or discontinued with the approval
17of the governor. In any criminal action prosecuted by the attorney general, the
18department shall have the same powers with reference to such action as are vested
19in district attorneys.
AB792-ASA1, s. 37 20Section 37. 165.25 (11) of the statutes is amended to read:
AB792-ASA1,29,2421 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931
22or 20.932, and, if the department determines that a person has committed an act that
23is punishable under s. 20.931 or 20.932, whichever is being investigated, may bring
24a civil action against that person.
AB792-ASA1, s. 38 25Section 38. 221.0903 (4) (b) of the statutes is amended to read:
AB792-ASA1,30,7
1221.0903 (4) (b) Contracts for examination services. The division may enter
2into contracts with any bank supervisory agency with concurrent jurisdiction over
3a state bank or an in-state branch of an out-of-state state bank to engage the
4services of the agency's examiners at a reasonable rate of compensation, or to provide
5the services of the division's examiners to the agency at a reasonable rate of
6compensation. Contracts entered into under this paragraph are exempt from ss.
716.70 to 16.752, 16.754 to 16.76, and 16.767 to 16.77, and 16.78 to 16.82.
AB792-ASA1, s. 39 8Section 39. 801.02 (1) of the statutes is amended to read:
AB792-ASA1,30,139 801.02 (1) Except as provided in s. ss. 20.931 (5) (b) and 20.932 (5) (b), a civil
10action in which a personal judgment is sought is commenced as to any defendant
11when a summons and a complaint naming the person as defendant are filed with the
12court, provided service of an authenticated copy of the summons and of the complaint
13is made upon the defendant under this chapter within 90 days after filing.
AB792-ASA1, s. 40 14Section 40. 803.09 (1) and (2) of the statutes are amended to read:
AB792-ASA1,30,2015 803.09 (1) Except as provided in s. ss. 20.931 and 20.932, upon timely motion
16anyone shall be permitted to intervene in an action when the movant claims an
17interest relating to the property or transaction which is the subject of the action and
18the movant is so situated that the disposition of the action may as a practical matter
19impair or impede the movant's ability to protect that interest, unless the movant's
20interest is adequately represented by existing parties.
AB792-ASA1,31,5 21(2) Except as provided in s. ss. 20.931 and 20.932, upon timely motion anyone
22may be permitted to intervene in an action when a movant's claim or defense and the
23main action have a question of law or fact in common. When a party to an action
24relies for ground of claim or defense upon any statute or executive order or rule
25administered by a federal or state governmental officer or agency or upon any

1regulation, order, rule, requirement or agreement issued or made pursuant to the
2statute or executive order, the officer or agency upon timely motion may be permitted
3to intervene in the action. In exercising its discretion the court shall consider
4whether the intervention will unduly delay or prejudice the adjudication of the rights
5of the original parties.
AB792-ASA1, s. 41 6Section 41. 804.01 (2) (intro.) of the statutes is amended to read:
AB792-ASA1,31,97 804.01 (2) Scope of discovery. (intro.) Except as provided in s. ss. 20.931 (9)
8and 20.932 (9), and unless otherwise limited by order of the court in accordance with
9the provisions of this chapter, the scope of discovery is as follows:
AB792-ASA1, s. 42 10Section 42. 805.04 (2m) of the statutes is amended to read:
AB792-ASA1,31,1411 805.04 (2m) False claims. An action filed under s. 20.931 or 20.932 may be
12dismissed only by order of the court. In determining whether to dismiss the action
13filed under s. 20.931 or 20.932, the court shall take into account the best interests
14of the parties and the purposes of s. 20.931 or 20.932, whichever is appropriate.
AB792-ASA1, s. 43 15Section 43. 893.981 of the statutes is amended to read:
AB792-ASA1,31,18 16893.981 False claims. An action or claim under s. 20.931 or 20.932 shall be
17commenced within 10 years after the cause of the action or claim accrues or be
18barred.
AB792-ASA1, s. 44 19Section 44. Nonstatutory provisions.
AB792-ASA1,31,2320 (1) Report on local road projects. No later than the first day of the 7th month
21beginning after the effective date of this subsection, the department of
22transportation shall submit a report to the joint committee on finance that contains
23all of the following:
AB792-ASA1,32,3
1(a) Recommendations on actions that the department and local governments
2can take to improve the efficiency, cost-effectiveness, and timeliness of local road
3construction projects.
AB792-ASA1,32,54 (b) Any proposed legislative changes that the legislature can consider that may
5help to implement the recommendations under paragraph (a ).
AB792-ASA1,32,156 (2) Report on workload outsourcing. No later than February 1, 2011, the
7department of transportation shall submit to the legislature under section 13.172 (2)
8of the statutes a report on the work for which the department of transportation has
9responsibility and that the department of transportation has, during the previous
10three fiscal years, outsourced to persons not employed by the department of
11transportation. The report shall include any outsourced projects for which the
12department of transportation has encumbered, expended, or otherwise committed
13any funding. In this report, the department of transportation shall also denote work
14that was committed from funding provided under the American Recovery and
15Reinvestment Act of 2009.
AB792-ASA1,32,2116 (3) Rulemaking on workload outsourcing. The department of transportation
17shall begin promulgating the rules required under section 85.65 of the statutes, as
18created by this act, no later than February 1, 2011, and shall submit in proposed form
19the rules required under section 85.65 of the statutes, as created by this act, to the
20legislative council staff under section 227.15 (1) of the statutes no later than
21February 1, 2012.
AB792-ASA1, s. 45 22Section 45. Initial applicability.
AB792-ASA1,33,223 (1) The treatment of sections 16.705 (5g), (5m), and (5r) and 16.75 (1) (b), (2m)
24(b), and (6) (c) of the statutes, the renumbering and amendment of section 16.705 (1),
25(2), and (6) of the statutes, and the creation of section 16.705 (1) (a) 3. and (b), (2) (a)

13., (b), and (c), and (6) (a) of the statutes first apply to solicitations for contractual
2services issued on the effective date of this subsection.
AB792-ASA1,33,53 (2) The creation of section 16.705 (1) (c) of the statutes first applies to contracts
4entered into, renewed, modified, or extended, whichever occurs first, on the effective
5date of this subsection.
AB792-ASA1,33,86 (3) The treatment of section 16.705 (4) of the statutes first applies to a
7solicitation or a letter of intent to contract issued on the effective date of this
8subsection.
AB792-ASA1,33,129 (4) The treatment of sections 16.771, 16.871, 25.18 (1) (a), (f), and (m), 66.0902,
1084.01 (13), 84.06 (2) (a), (3), and (4), 85.015, 102.81 (2), and 221.0903 (4) (b) of the
11statutes first applies with respect to false claims that are presented or caused to be
12presented on the effective date of this subsection.
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