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House Bill 1413e1

CS/HB 1413, First Engrossed 1 A bill to be entitled 2 An act relating to state financial matters; 3 amending s. 215.322, F.S.; providing for the 4 acceptance of charge cards and debit cards by 5 state agencies, units of local government, and 6 the judicial branch; providing a time period 7 for certain actions; authorizing a convenience 8 fee; providing for the application of the act 9 on certain contracts; amending s. 282.20, F.S.; 10 revising language with respect to the 11 Technology Resource Center; defining the term 12 "customer"; eliminating a data processing 13 policy board; creating s. 282.21, F.S.; 14 authorizing the Department of Management 15 Services to collect fees for the use of its 16 electronic access services; creating s. 282.22, 17 F.S.; providing for the production and 18 dissemination of materials and products by the 19 Department of Management Services; providing 20 legislative intent with respect to the use of 21 card-based technology; providing standards for 22 state agencies; providing for the submission of 23 certain acquisition documentation to the 24 Florida Fiscal Accounting Management 25 Information System Coordinating Council; 26 providing applicability; repealing s. 282.313, 27 F.S.; relating to data processing policy 28 boards; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 1 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 Section 1. Section 215.322, Florida Statutes, 1996 2 Supplement, is amended to read: 3 215.322 Acceptance of credit cards, charge cards, or 4 debit cards by state agencies, units of local government, and 5 the judicial branch.-- 6 (1) It is the intent of the Legislature to encourage 7 state agencies, the judicial branch and units of local 8 government to make their services more convenient to the 9 public and to reduce the administrative costs of government by 10 acceptance of payments by credit cards, charge cards, and 11 debit cards to the maximum extent practicable. 12 (2)(1) A state agency as defined in s. 216.011, or the 13 judicial branch, may accept credit cards, charge cards, or 14 debit cards in payment for goods and services upon the 15 recommendation of the Office of Planning and Budgeting and 16 with the prior approval of the Treasurer. 17 (3)(2) The Treasurer shall adopt rules governing the 18 establishment and acceptance of credit cards, charge cards, or 19 debit cards by state agencies or the judicial branch, 20 including, but not limited to, the following: 21 (a) Utilization of a standardized contract between the 22 financial institution and the agency or judicial branch which 23 shall be developed by the Treasurer or approval by the 24 Treasurer of a substitute agreement. 25 (b) Procedures which permit an agency or officer 26 accepting payment by credit card, charge card, or debit card 27 to impose a convenience fee upon the person making the 28 payment. However, the total amount of such convenience fees 29 shall not exceed the total cost to the state of contracting 30 for such card services. A convenience fee is not refundable to 31 the payor. 1. The types of revenue or collections that may be 2 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 subject to service fees or surcharges by the financial 2 institution, vending service company, or credit card company. 3 Only taxes, license fees, tuition, and other statutorily 4 prescribed revenues may be subject to a service fee or 5 surcharge. Notwithstanding the foregoing, this section shall 6 not be construed to permit surcharges on any other credit card 7 purchase in violation of s. 501.0117. 8 2. The minimum public disclosure requirements to 9 persons who elect to pay taxes, license fees, tuition, and 10 other statutorily prescribed revenues by credit card which are 11 subject to a surcharge pursuant to this section. Any state 12 agency, unit of local government, or the judicial branch that 13 surcharges a person who pays by credit card shall be subject 14 to the minimum public disclosure requirements adopted by the 15 Treasurer pursuant to this subparagraph. 16 (c) All service fees payable pursuant to this section 17 financial institutions when practicable shall be invoiced and 18 paid by state warrant or such other manner that is 19 satisfactory to the Comptroller in accordance with the time 20 periods specified in s. 215.422. 21 (d) Submission of information to the Treasurer 22 concerning the acceptance of credit cards, charge cards, or 23 debit cards by all state agencies or the judicial branch. 24 (4)(3) The Treasurer is authorized to establish 25 contracts with one or more financial institutions, or credit 26 card companies, or other entities which may lawfully provide 27 such services, in a manner consistent with chapter 287, for 28 processing credit card, charge card, or debit card collections 29 for deposit into the State Treasury or another qualified 30 public depository. Any state agency, or the judicial branch, 31 which accepts payment by credit card, charge card, or debit 3 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 card shall use at least one of the contractors established by 2 the Treasurer unless the state agency or judicial branch 3 obtains authorization from the Treasurer to use another 4 contractor which is more financially advantageous to such 5 state agency or the judicial branch. Such contracts may 6 authorize a unit of local government to use the services upon 7 the same terms and conditions for deposit of credit card, 8 charge card, or debit card transactions into its qualified 9 public depositories. 10 (5)(4) A unit of local government, which term means a 11 municipality, special district, or board of county 12 commissioners or other governing body of a county, however 13 styled, including that of a consolidated or metropolitan 14 government, and means any clerk of the circuit court, sheriff, 15 property appraiser, tax collector, or supervisor of elections, 16 is authorized to accept payment by use of credit cards, charge 17 cards, and bank debit cards for financial obligations that are 18 owing to such unit of local government and to surcharge the 19 person who uses a credit card, charge card, or bank debit card 20 in payment of taxes, license fees, tuition, fines, civil 21 penalties, court-ordered payments, or court costs, or other 22 statutorily prescribed revenues an amount sufficient to pay 23 the service fee charges by the financial institution, vending 24 service company, or credit card company for such services. A 25 unit of local government shall verify both the validity of any 26 credit card, charge card, or bank debit card used pursuant to 27 this subsection and the existence of appropriate credit with 28 respect to the person using the card. The unit of local 29 government does not incur any liability as a result of such 30 verification or any subsequent action taken. 31 4 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 (6)(5) Credit card account numbers in the possession 2 of a state agency, a unit of local government, or the judicial 3 branch are confidential and exempt from the provisions of s. 4 119.07(1). 5 (7) Any action required to be performed by a state 6 officer or agency pursuant to this section shall be performed 7 within 10-working days after receipt of the request for 8 approval or be deemed approved if not acted upon within that 9 time. 10 (8) Nothing contained in this section shall be 11 construed to prohibit a state agency or the judicial branch 12 from continuing to accept charge cards or debit cards pursuant 13 to a contract which was lawfully entered into prior to the 14 effective date of this act unless specifically directed 15 otherwise in the General Appropriations Act. However, such 16 contract shall not be extended or renewed after the effective 17 date of this act unless such renewal and extension conforms to 18 the requirements of this section. 19 Section 2. Subsections (1), (2), (3), and (4) of 20 section 282.20, Florida Statutes, are amended to read: 21 282.20 Technology Resource Center.-- 22 (1)(a) The Division of Information Services of the 23 Department of Management Services shall operate and manage the 24 Technology Resource Center. 25 (b) For the purposes of this section, the term: 26 1. "Department" means the Department of Management 27 Services. 28 2. "Division" means the Division of Information 29 Services of the Department of Management Services. 30 3. "Information-system utility" means a full-service 31 information-processing facility offering hardware, software, 5 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 operations, integration, networking, and consulting services 2 to state agencies. 3 4. "Customer" means a state agency or other entity 4 which is authorized to utilize the SUNCOM Network pursuant to 5 this chapter. 6 (2) The division and the Technology Resource Center 7 shall: 8 (a) Serve the department and other customers state 9 agencies as an information-system utility. 10 (b) Cooperate with the Information Resource Commission 11 and with other customers state agencies to offer, develop, and 12 support a wide range of services and applications needed by 13 users of the Technology Resource Center. 14 (c) Cooperate with the Florida Legal Resource Center 15 of the Department of Legal Affairs and other state agencies to 16 develop and provide access to repositories of legal 17 information throughout the state. 18 (d) Cooperate with the Division of Communications of 19 the department to facilitate interdepartmental networking and 20 integration of network services for its customers state 21 agencies. 22 (e) Assist customers state agencies in testing and 23 evaluating new and emerging technologies that could be used to 24 meet the needs of the state. 25 (3) The division may contract with customers state 26 agencies to provide any combination of services necessary for 27 agencies to fulfill their responsibilities and to serve their 28 users. 29 (4)(a) Acceptance of any new customer other than a 30 state agency which is expected to pay during the initial 12 31 months of use more than 5 percent of the previous year's 6 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 revenues of the Technology Resource Center shall be contingent 2 upon approval of the Office of Planning and Budgeting in a 3 manner similar to the budget amendment process in s. 216.181. 4 There is created for the Technology Resource Center a data 5 processing policy board as provided in s. 282.313. 6 (b) In addition to the members of the policy board 7 provided in s. 282.313, the following ex officio members are 8 appointed to the data processing policy board of the 9 Technology Resource Center: the Executive Director of the 10 Information Resource Commission, the Director of the Division 11 of Communications of the Department of Management Services, 12 and the chair of the coordinating council to the Florida 13 Fiscal Accounting Management Information System, as created in 14 s. 215.96, or their respective designees. The ex officio 15 members provided in this subsection shall vote and serve in 16 the same manner as other policy board members. 17 Section 3. Section 282.21, Florida Statutes, is 18 created to read: 19 282.21 Department of Management Services' electronic 20 access services.--The Department of Management Services may 21 collect fees for providing remote electronic access pursuant 22 to s. 119.085. The fees may be imposed on individual 23 transactions or as a fixed subscription for a designated 24 period of time. All fees collected under this section shall 25 be deposited in the appropriate trust fund of the program or 26 activity that made the remote electronic access available. 27 Section 4. Section 282.22, Florida Statutes, is 28 created to read: 29 282.22 Department of Management Services production 30 and dissemination of materials and products.-- 31 7 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 (1) It is the intent of the Legislature that when 2 materials and products are developed by or under the direction 3 of the Department of Management Services, through research and 4 development or other efforts, including those subject to 5 copyright, patent, or trademark, they shall be made available 6 for use by state and local government entities at the earliest 7 practicable date and in the most economical and efficient 8 manner possible and consistent with chapter 119. 9 (2) To accomplish this objective the department is 10 authorized to publish, produce, or have produced materials and 11 products and to make them readily available for appropriate 12 use. The department is authorized to charge an amount adequate 13 to cover the essential cost of producing and disseminating 14 such materials and products and is authorized to sell copies 15 for use to any entity who is authorized to utilize the SUNCOM 16 Network pursuant to this chapter and to the public. 17 (3) In cases in which the materials or products are of 18 such nature, or the circumstances are such, that it is not 19 practicable or feasible for the department to produce or have 20 produced materials and products so developed, it is 21 authorized, after review and approval by the Department of 22 State, to license, lease, assign, sell, or otherwise give 23 written consent to any person, firm, or corporation for the 24 manufacture or use thereof, on a royalty basis, or for such 25 other consideration as the department shall deem proper and in 26 the best interest of the state; the department is authorized 27 and directed to protect same against improper or unlawful use 28 or infringement and to enforce the collection of any sums due 29 for the manufacture or use thereof by any other party. 30 (4) All proceeds from the sale of such materials and 31 products or other money collected pursuant to this section 8 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 shall be deposited into the Grants and Donations Trust Fund of 2 the department and, when properly budgeted as approved by the 3 Legislature and the Executive Office of the Governor, used to 4 pay the cost of producing and disseminating materials and 5 products to carry out the intent of this section. 6 Section 5. It is the intent of the Legislature that 7 the use of card-based technology should be encouraged when the 8 technology will provide better services or reduce costs. It is 9 further intended that state agencies cooperate with each other 10 to take advantage of the existing investments in card-based 11 technology systems. 12 Section 6. Each state agency that uses a card that 13 relies on the electronic reading and use of information 14 encoded in the card must comply with the following standards 15 unless an exception is granted by the Florida Fiscal 16 Accounting Management Information System Coordinating Council. 17 The council shall follow the notice, review, and exception 18 procedures in s. 216.177, Florida Statutes, prior to granting 19 an exception. These standards apply whether the card is used 20 for electronic transfer of benefits, identification, or other 21 purposes. 22 (1) Card-based technology must conform to standards of 23 the American National Standards Institute. 24 (2) Each card must contain the digital photographic 25 image of the person to whom it is issued. 26 (3) If the card is issued for purposes of financial 27 transactions, it must be readable and usable by a portion of 28 point-of-sale devices that are sufficient to guarantee 29 reasonable access to benefits and services for card users. 30 (4) Cards must contain the words "State of Florida" to 31 identify the card as being issued by the state. 9 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 (5) A single-purpose card may not be procured or 2 issued. 3 (6) Provision must be made in all card-based 4 technology, whether developed by the issuing agency or 5 procured by contract, for migration to advanced systems, in 6 order to keep pace with card-based technology. 7 Section 7. (1) Whenever any state agency intends to 8 issue a bid, request for proposals, or contract in any manner 9 to acquire commodities or services that include the use of 10 card-based technology and will require the agency to expend 11 more than the threshold amount provided in s. 287.017, Florida 12 Statutes, for CATEGORY FIVE, such acquisition documentation 13 must be submitted to the Florida Fiscal Accounting Management 14 Information System Coordinating Council for approval prior to 15 issuance. The Florida Fiscal Accounting Management Information 16 System Coordinating Council shall consider whether the 17 proposed transaction is structured to encourage vendor 18 competition, cooperation among agencies in the use of 19 card-based technology, and other financial terms and 20 conditions that are appropriate with regard to the nature of 21 the card-based technology application being acquired. 22 (2) Nothing contained in this act shall be construed 23 to prohibit an agency from continuing to use a card-based 24 technology system that was lawfully acquired before the 25 effective date of this act unless specifically directed 26 otherwise in the General Appropriations Act. 27 (3) An extension or renewal of an existing contract in 28 any manner for commodities or services that include the use of 29 card-based technology and will require the agency to expend 30 more than the threshold amount provided in s. 287.017, Florida 31 10 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1413, First Engrossed 1 Statutes, for CATEGORY FIVE, is subject to the provisions of 2 subsection (1). 3 Section 8. Section 282.313, Florida Statutes, is 4 repealed. 5 Section 9. This act shall take effect upon becoming a 6 law. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11