Senate Bill sb2362

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    Florida Senate - 2007                                  SB 2362

    By Senator Fasano





    11-1303-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Advisory Committee on

  3         State Procurement; creating s. 287.0575, F.S.;

  4         establishing the Advisory Committee on State

  5         Procurement; providing policy of the

  6         Legislature with respect to the procurement of

  7         goods, services, and facilities by the state;

  8         providing for membership and organization of

  9         the committee; providing duties of the

10         committee; providing powers of the committee;

11         requiring state agency cooperation with the

12         committee; requiring reports of the committee;

13         providing for termination of the committee;

14         providing an appropriation; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 287.0575, Florida Statutes, is

20  created to read:

21         287.0575  Advisory Committee on State Procurement;

22  policy; duties; termination of advisory committee.--

23         (1)  ADVISORY COMMITTEE ON STATE PROCUREMENT;

24  ESTABLISHMENT.--The Advisory Committee on State Procurement is

25  established for the purpose of carrying out the policy set

26  forth in subsection (2).

27         (2)  LEGISLATIVE POLICY.--It is the policy of the

28  Legislature to promote economy, efficiency, and effectiveness

29  in the procurement of goods, services, and facilities by and

30  for the executive branch of state government through the

31  following means:

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    Florida Senate - 2007                                  SB 2362
    11-1303-07                                              See HB




 1         (a)  The establishment of policies, procedures, and

 2  practices which require the state to procure goods, services,

 3  and facilities of requisite quality, in a timely manner, and

 4  at the lowest reasonable cost, using competitive bidding to

 5  the maximum extent possible.

 6         (b)  Improvement of the quality, efficiency, economy,

 7  and performance of organizations and personnel involved in the

 8  procurement of goods, services, and facilities by the state.

 9         (c)  Elimination of unnecessary overlapping or

10  duplication of procurement activities and related activities

11  such as contract administration and inspections.

12         (d)  Elimination of unnecessary or redundant

13  requirements placed on contractors or on officials in charge

14  of the procurement of goods, services, and facilities by the

15  state.

16         (e)  Identification of gaps, omissions, or

17  inconsistencies in state laws, rules, and directives relating

18  to the procurement of goods, services, and facilities by the

19  state which should be brought to the attention of the

20  Legislature.

21         (f)  Attainment of greater uniformity in and

22  simplification of procurement procedures, whenever

23  appropriate.

24         (g)  Coordination of the procurement policies and

25  programs of the various departments and agencies of the state,

26  whenever possible.

27         (h)  The conforming of procurement policies and

28  programs to other successful established state policies and

29  programs, whenever appropriate.

30  

31  

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    Florida Senate - 2007                                  SB 2362
    11-1303-07                                              See HB




 1         (i)  Minimization of possible disruptive effects of

 2  state procurement on particular industries, areas, or

 3  occupations.

 4         (j)  Improvement of the understanding of the laws and

 5  policies of the state relating to the procurement of goods,

 6  services, and facilities by the state, not only within state

 7  government but on the part of organizations and individuals

 8  doing business with the state.

 9         (k)  Promotion of fair dealing and equitable

10  relationships among the parties in state contracting.

11         (l)  Promotion of economy, efficiency, and

12  effectiveness in state procurement organizations and

13  operations by any means the committee deems beneficial and

14  appropriate.

15         (m)  Giving special consideration to procurement laws,

16  policies, procedures, practices, organization, staffing,

17  leadership and controls of the Federal Government's

18  procurement process.

19  

20  Nothing in this subsection shall be construed as limiting the

21  committee's means of facilitating the legislative policy

22  expressed herein, the inquiries of the committee, or the

23  committee's authority to investigate additional areas the

24  committee deems significant, relevant, or important.

25         (3)  MEMBERSHIP; ORGANIZATION.--

26         (a)  The committee shall be composed of 10 members,

27  three of whom shall be appointed by the President of the

28  Senate, three of whom shall be appointed by the Speaker of the

29  House of Representatives, and four of whom shall be appointed

30  by the Governor. Of the three appointments made by the

31  President of the Senate, two appointees shall be Senators who

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    Florida Senate - 2007                                  SB 2362
    11-1303-07                                              See HB




 1  are not of the same political party, and one appointee shall

 2  be from outside state government. Of the three appointments

 3  made by the Speaker of the House of Representatives, two

 4  appointees shall be members of the House of Representatives

 5  who are not of the same political party, and one appointee

 6  shall be from outside state government. Of the four

 7  appointments made by the Governor, two appointees shall be

 8  from the executive branch of state government and two

 9  appointees will be from outside state government.

10         (b)  The Auditor General or the Auditor General's

11  designated representative shall serve as an additional ex

12  officio member of the committee.

13         (c)  The committee shall select a chair and a vice

14  chair from among its members.

15         (d)  Six members of the committee shall constitute a

16  quorum.

17         (e)  Any vacancies in the committee shall be filled for

18  the unexpired term in the same manner as the original

19  appointment.

20         (f)  Members of the committee who are members of the

21  Legislature or who are officers or employees in the executive

22  branch of state government shall serve without compensation

23  but shall be reimbursed for per diem and travel expenses in

24  accordance with s. 112.061.

25         (4)  DUTIES OF ADVISORY COMMITTEE.--The advisory

26  committee shall study and investigate:

27         (a)  The current laws of the state which govern the

28  procurement of goods, services, and facilities by the state;

29         (b)  The procurement policies, rules, procedures, and

30  practices followed by the departments, bureaus, agencies,

31  

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    Florida Senate - 2007                                  SB 2362
    11-1303-07                                              See HB




 1  boards, commissions, offices, and instrumentalities of the

 2  executive branch of state government; and

 3         (c)  The organizations through which goods, services,

 4  and facilities are procured, to determine the extent to which

 5  these factors facilitate the policy set forth in subsection

 6  (2).

 7         (5)  POWERS OF THE ADVISORY COMMITTEE.--

 8         (a)  The advisory committee, or any subcommittee or

 9  individual member thereof, may hold hearings and take

10  testimony. Any member of the committee may administer oaths or

11  affirmations to witnesses.

12         (b)  The committee may acquire information directly

13  from the head of any state department or agency for the

14  purpose of its studies and investigations. All departments and

15  agencies shall cooperate with the committee and furnish all

16  information requested by the committee to the extent permitted

17  by law. Requests for information are required to be made in

18  the name of the chair or vice chair of the committee.

19         (c)  The committee shall have power to appoint and fix

20  the compensation of committee personnel without regard to

21  state laws or rules governing state employment.

22         (d)  The committee may procure the services of experts

23  and consultants at rates not to exceed $400 per day.

24         (e)  The committee may enter into contracts with

25  private organizations and nonprofit institutions to carry out

26  studies and prepare reports to facilitate the committee's

27  work.

28         (6)  AGENCY COOPERATION.--All departments or agencies

29  of the state are required to provide services to the committee

30  upon request, on a reimbursable basis or otherwise, pursuant

31  

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    Florida Senate - 2007                                  SB 2362
    11-1303-07                                              See HB




 1  to agreements between the contributing agency and the chair or

 2  vice chair of the committee.

 3         (7)  REPORTS.--

 4         (a)  The advisory committee may make such interim

 5  reports as it deems advisable.

 6         (b)  By July 1, 2009, the advisory committee shall

 7  submit to the Clerk of the House of Representatives and the

 8  Secretary of the Senate the final report of its findings and

 9  recommendations for changes in statutes, rules, policies, and

10  procedures necessary to carry out the policy set forth in

11  subsection (2).

12         (8)  TERMINATION OF ADVISORY COMMITTEE.--The Advisory

13  Committee on State Procurement shall cease to exist 120 days

14  after the submission of its final report. The committee and

15  its staff shall utilize the 120-day period between the

16  submission of the final report and the termination of the

17  committee to draft or assist in final preparation of

18  legislative or administrative proposals that will carry out

19  the recommendations of the committee contained in its final

20  report.

21         Section 2.  For the 2007-2008 fiscal year, the sum of $

22  ____ is appropriated from the General Revenue Fund to the

23  Advisory Committee on State Procurement for the purposes of

24  carrying out the provisions of this act.

25         Section 3.  This act shall take effect July 1, 2007.

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