The Florida Senate

¹287.1345  Surcharge on users of state term contracts; deposit of proceeds collected.--The department may impose a surcharge upon users of state term contracts in order to fund the costs, including overhead, of its procurement function. The department may provide for the state term contract vendor to collect the surcharge or directly collect the fee from the public agency or eligible user involved. For the purpose of compensating vendors for expenses incurred in collecting such fees, the department may authorize a vendor to retain a portion of the fees. The vendor may withhold the portion retained from the amount of fees to be remitted to the department. The department may negotiate the retainage as a percentage of such fees charged to users, as a flat amount, or as any other method the department deems feasible. Vendors shall maintain accurate sales summaries for purchases made from state term contracts and shall provide the summaries to the department on a quarterly basis. Any contract remedies relating to the collection of such fees from users through vendors are enforceable, including, but not limited to, liquidated damages, late fees, and the costs of collection, including attorney's fees. The fees collected pursuant to this section shall be deposited into the Grants and Donations Trust Fund of the department and are subject to appropriation as provided by law. The Executive Office of the Governor may exempt transactions from the payment of the surcharge if payment of such surcharge would cause the state, a political subdivision, or unit of local government to lose federal funds or in other cases where such exemption is in the public interest. The fees collected pursuant to this section and interest income on such fees shall not be deemed to be income of a revenue nature for purposes of chapter 215.

History.--s. 2, ch. 96-236; s. 31, ch. 2002-207; s. 20, ch. 2006-79.

¹Note.--Section 20, ch. 2006-79, amended s. 287.1345, effective July 1, 2007, to read:

287.1345  Surcharge on users of state term contracts; deposit of proceeds collected.--The department may impose a surcharge upon users of state term contracts in order to fund the costs, including overhead, of its procurement function. The department may provide for the state term contract vendor to collect the surcharge or directly collect the fee from the public agency or eligible user involved. For the purpose of compensating vendors for expenses incurred in collecting the fees, the department may authorize a vendor to retain a portion of the fees. The vendor may withhold the portion retained from the amount of fees to be remitted to the department. The department may negotiate the retainage as a percentage of the fees charged to users, as a flat amount, or as any other method the department deems feasible. Vendors shall maintain accurate sales summaries for purchases made from state term contracts and shall provide the summaries to the department on a quarterly basis. Any contract remedies relating to the collection of the fees from users through vendors are enforceable, including, but not limited to, liquidated damages, late fees, and the costs of collection, including attorney's fees. The fees collected pursuant to this section shall be deposited into the Operating Trust Fund of the department and are subject to appropriation as provided by law. The Executive Office of the Governor may exempt transactions from the payment of the surcharge if payment of the surcharge would cause the state, a political subdivision, or unit of local government to lose federal funds or in other cases where the exemption is in the public interest. The fees collected pursuant to this section and interest income on the fees shall not be deemed to be income of a revenue nature for purposes of chapter 215.