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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___

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11  Senator Latvala moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 43, lines 1 and 2, delete those lines

15

16  and insert:

17         Section 28.  Subsections (1), (2), and (3) of section

18  215.322, Florida Statutes, are amended to read:

19         215.322  Acceptance of credit cards, charge cards, or

20  debit cards by state agencies, units of local government, and

21  the judicial branch.--

22         (1)  It is the intent of the Legislature to encourage

23  state agencies, the judicial branch and units of local

24  government to make their goods, services, and information more

25  convenient to the public through the and to reduce the

26  administrative costs of government by acceptance of payments

27  by credit cards, charge cards, and debit cards to the maximum

28  extent practicable when the benefits to the participating

29  agency and the public substantiate the cost of accepting these

30  types of payments.

31         (2)  A state agency as defined in s. 216.011, or the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  judicial branch, may accept credit cards, charge cards, or

  2  debit cards in payment for goods and services upon the

  3  recommendation of the Office of Planning and Budgeting and

  4  with the prior approval of the Treasurer. When the Internet or

  5  other related electronic methods are to be used as the

  6  collection medium, the State Technology Office shall review

  7  and recommend to the Treasurer whether to approve the request

  8  with regard to the process or procedure to be used.

  9         (3)  The Treasurer shall adopt rules governing the

10  establishment and acceptance of credit cards, charge cards, or

11  debit cards by state agencies or the judicial branch,

12  including, but not limited to, the following:

13         (a)  Utilization of a standardized contract between the

14  financial institution or other appropriate intermediaries and

15  the agency or judicial branch which shall be developed by the

16  Treasurer or approval by the Treasurer of a substitute

17  agreement.

18         (b)  Procedures which permit an agency or officer

19  accepting payment by credit card, charge card, or debit card

20  to impose a convenience fee upon the person making the

21  payment. However, the total amount of such convenience fees

22  shall not exceed the total cost to the state agency of

23  contracting for such card services. A convenience fee is not

24  refundable to the payor. Notwithstanding the foregoing, this

25  section shall not be construed to permit surcharges on any

26  other credit card purchase in violation of s. 501.0117.

27         (c)  All service fees payable pursuant to this section

28  when practicable shall be invoiced and paid by state warrant

29  or such other manner that is satisfactory to the Comptroller

30  in accordance with the time periods specified in s. 215.422.

31         (d)  Submission of information to the Treasurer

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  concerning the acceptance of credit cards, charge cards, or

  2  debit cards by all state agencies or the judicial branch.

  3         (e)  A methodology for agencies to use when completing

  4  the cost-benefit analysis referred to in subsection (1). The

  5  methodology must consider all quantifiable cost reductions,

  6  other benefits to the agency, and potential impact on general

  7  revenue. The methodology must also consider nonquantifiable

  8  benefits such as the convenience to individuals and businesses

  9  that would benefit from the ability to pay for state goods and

10  services through the use of credit cards, charge cards, and

11  debit cards.

12         Section 29.  Subsections (5), (11), and (15) of section

13  287.012, Florida Statutes, are amended to read:

14         287.012  Definitions.--The following definitions shall

15  apply in this part:

16         (5)  "Competitive sealed bids" or "competitive sealed

17  proposals" refers to the receipt of two or more sealed bids or

18  proposals submitted by responsive and qualified bidders or

19  offerors and includes bids or proposals transmitted by

20  electronic means in lieu of or in addition to written bids or

21  proposals.

22         (11)  "Invitation to bid" means a written solicitation

23  for competitive sealed bids with the title, date, and hour of

24  the public bid opening designated and specifically defining

25  the commodity, group of commodities, or services for which

26  bids are sought.  It includes instructions prescribing all

27  conditions for bidding and shall be distributed to all

28  prospective bidders simultaneously.  The invitation to bid is

29  used when the agency is capable of specifically defining the

30  scope of work for which a contractual service is required or

31  when the agency is capable of establishing precise

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  specifications defining the actual commodity or group of

  2  commodities required.  A written solicitation includes a

  3  solicitation published or transmitted by electronic means.

  4         (15)  "Request for proposals" means a written

  5  solicitation for competitive sealed proposals with the title,

  6  date, and hour of the public opening designated. A written

  7  solicitation includes a solicitation published or transmitted

  8  by electronic means. The request for proposals is used when

  9  the agency is incapable of specifically defining the scope of

10  work for which the commodity, group of commodities, or

11  contractual service is required and when the agency is

12  requesting that a qualified offeror propose a commodity, group

13  of commodities, or contractual service to meet the

14  specifications of the solicitation document.  A request for

15  proposals includes, but is not limited to, general

16  information, applicable laws and rules, functional or general

17  specifications, statement of work, proposal instructions, and

18  evaluation criteria. Requests for proposals shall state the

19  relative importance of price and any other evaluation

20  criteria.

21         Section 30.  Paragraph (a) of subsection (16) of

22  section 287.042, Florida Statutes, is amended to read:

23         287.042  Powers, duties, and functions.--The department

24  shall have the following powers, duties, and functions:

25         (16)(a)  To enter into joint agreements with

26  governmental agencies, as defined in s. 163.3164(10), for the

27  purpose of pooling funds for the purchase of commodities,

28  information technology resources, or services that can be used

29  by multiple agencies.  However, the department shall may

30  consult with the State Technology Office on joint agreements

31  that involve the purchase of information technology resources.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  Agencies entering into joint purchasing agreements with the

  2  department shall authorize the department to contract for such

  3  purchases on their behalf.

  4         Section 31.  Subsection (22) is added to section

  5  287.057,Florida Statutes, to read:

  6         287.057  Procurement of commodities or contractual

  7  services.--

  8         (22)(a)  The State Technology Office of the department

  9  shall develop a program for on-line procurement of commodities

10  and contractual services.  Only bidders prequalified as

11  meeting mandatory requirements and qualifications criteria

12  shall be permitted to participate in on-line procurement. The

13  State Technology Office may contract for equipment and

14  services necessary to develop and implement on-line

15  procurement.

16         (b)  The State Technology Office may adopt rules,

17  pursuant to ss. 120.536(1) and 120.54, to implement the

18  program for on-line procurement. The rules shall include, but

19  not be limited to:

20         1.  Determining the requirements and qualification

21  criteria for prequalifying bidders.

22         2.  Establishing the procedures for conducting on-line

23  procurement.

24         3.  Establishing the criteria for eligible commodities

25  and contractual services.

26         4.  Establishing the procedures for providing access to

27  on-line procurement.

28         Section 32.  Creation and implementation of a marketing

29  and image campaign.--

30         (1)  Enterprise Florida, Inc., in collaboration with

31  the private sector, shall create a marketing campaign to help

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  attract, develop, and retain information technology businesses

  2  in this state. The campaign must be coordinated with any

  3  existing economic development promotion efforts in this state,

  4  and shall be jointly funded from private and public resources.

  5         (2)  The message of the campaign shall be to increase

  6  national and international awareness of this state as a state

  7  ideally suited for the successful advancement of the

  8  information technology business sector. Marketing strategies

  9  shall include development of promotional materials, Internet

10  and print advertising, public relations and media placement,

11  trade show attendance at information technology events, and

12  appropriate followup activities. Efforts to promote this state

13  as a high-technology business leader must include

14  identification and coordination of existing business

15  technology resources, partnerships with economic development

16  organizations and private sector businesses, continued

17  retention and growth of businesses based in this state that

18  produce high-technology products or use high-technology skills

19  for manufacturing, and recruitment of new business in such

20  area.

21         Section 33.  Development of an Internet-based system

22  for information technology industry promotion and workforce

23  recruitment.--

24         (1)  The Department of Labor and Employment Security

25  shall facilitate efforts to ensure the development and

26  maintenance of a website that promotes and markets the

27  information technology industry in this state. The website

28  shall be designed to inform the public concerning the scope of

29  the information technology industry in the state and shall

30  also be designed to address the workforce needs of the

31  industry. The website shall include, through links or actual

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  content, information concerning information technology

  2  businesses in this state, including links to such businesses;

  3  information concerning employment available at these

  4  businesses; and the means by which a jobseeker may post a

  5  resume on the website.

  6         (2)  The Department of Labor and Employment Security

  7  shall coordinate with the State Technology Office and the

  8  Workforce Development Board of Enterprise Florida, Inc., to

  9  ensure links, where feasible and appropriate, to existing job

10  information websites maintained by the state and state

11  agencies and to ensure that information technology positions

12  offered by the state and state agencies are posted on the

13  information technology website.

14         Section 34.  Establishment of a network access

15  point.--The state actively supports efforts that enhance the

16  information technology industry in this state, particularly

17  those efforts that increase broadband technology. A critical

18  initiative to enhance this industry in this state is

19  determined to be the development of a network access point,

20  which is defined to be a carrier-neutral, public-private

21  Internet traffic exchange point. The state encourages private

22  information technology businesses to forge partnerships to

23  develop a network access point in this state. Moreover, the

24  state recognizes the importance of a network access point that

25  addresses the needs of small information technology

26  businesses.

27         Section 35.  Paragraph (n) is added to subsection (5)

28  of section 212.08, Florida Statutes, to read:

29         212.08  Sales, rental, use, consumption, distribution,

30  and storage tax; specified exemptions.--The sale at retail,

31  the rental, the use, the consumption, the distribution, and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  the storage to be used or consumed in this state of the

  2  following are hereby specifically exempt from the tax imposed

  3  by this chapter.

  4         (5)  EXEMPTIONS; ACCOUNT OF USE.--

  5         (n)  Equipment used to deploy broadband technologies.--

  6         1.  Beginning July 1, 2000, equipment purchased by a

  7  communications service provider that is necessary for use in

  8  the deployment of broadband technologies in the state as part

  9  of the direct participation by the communications service

10  provider in a network access point, which is defined as a

11  carrier-neutral, public-private Internet traffic exchange

12  point, in this state shall be exempt from the tax imposed by

13  this chapter. This exemption inures to the communications

14  service provider only through a refund of previously paid

15  taxes. A refund shall be authorized upon an affirmative

16  showing by the taxpayer to the satisfaction of the department

17  that the requirements of this paragraph have been met.

18         2.  To be entitled to a refund, an eligible

19  communications service provider must file under oath with the

20  department an application that includes:

21         a.  The name and address of the communications service

22  provider claiming to be entitled to the refund.

23         b.  A specific description of the property for which

24  the exemption is sought, including its serial number or other

25  permanent identification number.

26         c.  The location of the property.

27         d.  The sales invoice or other proof of purchase of the

28  property, showing the amount of sales tax paid, the date of

29  purchase, and the name and address of the sales tax dealer

30  from whom the property was purchased.

31         3.  An application for a refund pursuant to this

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  paragraph must be submitted to the department within 6 months

  2  after the eligible property is purchased.

  3         4.  The provisions of s. 212.095 do not apply to any

  4  refund application made pursuant to this paragraph. The

  5  department shall adopt rules governing the manner and form of

  6  refund applications and may establish guidelines as to the

  7  requisites for an affirmative showing of qualification for

  8  exemption under this paragraph.

  9         5.  For purposes of this paragraph:

10         a.  "Broadband technology" means packaged technology

11  that has the capability of supporting transmission speeds of

12  at least 1.544 megabits per second in both directions.

13         b.  "Communications service provider" means a company

14  that supports or provides individuals and other companies with

15  access to the Internet and other related services.

16         c.  "Equipment" includes asynchronous transfer mode

17  switches, digital subscriber line access multiplexers,

18  routers, servers, multiplexers, fiber optic connector

19  equipment, database equipment, and other network equipment

20  used to provide broadband technology and information services.

21         6.  Contingent upon annual appropriation, the

22  department may approve refunds up to the amount appropriated

23  for this refund program based on the filing of an application

24  pursuant to this paragraph. No refund shall be made with

25  respect to any application received by the department in any

26  year after the funds appropriated for that year have been

27  exhausted.

28         7.  This paragraph is repealed June 30, 2005.

29         Section 36.  If any provision of this act or the

30  application thereof to any person or circumstance is held

31  invalid, the invalidity shall not affect other provisions or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1  applications of the act which can be given effect without the

  2  invalid provision or application, and to this end the

  3  provisions of this act are declared severable.

  4         Section 37.  This act shall take effect July 1, 2000.

  5

  6

  7  ================ T I T L E   A M E N D M E N T ===============

  8  And the title is amended as follows:

  9         On page 2, line 6, after the semicolon,

10

11  insert:

12         amending s. 215.322, F.S.; revising legislative

13         intent; specifying circumstances under which

14         governmental agencies or the judicial branch

15         may accept credit cards, charge cards, or debit

16         cards; prescribing duties of the State

17         Technology Office; removing a limitation on

18         convenience fees;  amending s. 287.012, F.S.;

19         revising certain definitions to include bids or

20         proposals transmitted or received by electronic

21         means; amending s. 287.042, F.S.; requiring the

22         Department of Management Services to consult

23         with the State Technology Office on joint

24         agreements involving the purchase of

25         information technology resources; amending s.

26         287.057, F.S., requiring the office to develop

27         a program for on-line procurement of

28         commodities and contractual services; providing

29         a limitation; authorizing the office to

30         contract for certain equipment and services;

31         authorizing the office to adopt rules for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2474

    Amendment No. ___





  1         certain purposes; requiring Enterprise Florida,

  2         Inc., to create and implement a marketing and

  3         image campaign; providing purposes of the

  4         campaign; requiring development and maintenance

  5         of a website for information and technology

  6         industry marketing and workforce recruitment;

  7         expressing support of activities to enhance

  8         information technology, including a network

  9         access point; amending s. 212.08, F.S.;

10         providing a sales tax exemption on sales of

11         certain equipment used to deploy broadband

12         technologies associated with a network access

13         point; providing for future repeal of the

14         exemption; providing severability;

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