House Bill 4149

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    Florida House of Representatives - 1998                HB 4149

        By Representative Reddick






  1                      A bill to be entitled

  2         An act relating to the Department of Management

  3         Services; amending s. 20.22, F.S.; revising the

  4         organizational structure of the department

  5         relating to labor organizations; amending ss.

  6         110.109, 110.112, F.S.; revising reporting

  7         requirements; amending s. 110.1099, F.S.;

  8         providing conditions for the reimbursement of

  9         training expenses by an employee; amending s.

10         110.1165, F.S.; providing a statute of

11         limitations on filing certain actions; amending

12         s. 110.1245, F.S.; revising reporting

13         requirements; increasing the cap on meritorious

14         service awards; amending s. 110.181, F.S.;

15         providing that the fiscal agent for the Florida

16         State Employees' Charitable Campaign need not

17         reimburse costs under specified conditions;

18         amending s. 110.201, F.S.; providing for a

19         report; amending s. 110.205, F.S.; providing

20         for the designation of Senior Management

21         Service positions; amending s. 110.235, F.S.;

22         deleting a requirement for a report; amending

23         s. 110.503, F.S.; allowing agencies to incur

24         expenses to recognize the service of

25         volunteers; amending s. 110.504, F.S.;

26         providing a limitation on volunteer awards;

27         amending s. 112.061, F.S.; authorizing the

28         designee of an agency head to approve specified

29         expenses for employees; amending s. 215.196,

30         F.S.; revising the organizational structure of

31         the department relating to the Architects

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  1         Incidental Trust Fund; amending s. 215.422,

  2         F.S.; deleting a vendor's right to the name of

  3         an ombudsman; amending s. 216.011, F.S.;

  4         redefining the term "operating capital outlay";

  5         amending s. 216.346, F.S.; providing for an

  6         exception to conditions in contracts between

  7         state agencies; amending ss. 255.249, 255.25,

  8         255.257, F.S.; revising the threshold for

  9         leased space facility requirements; amending s.

10         255.503, F.S.; providing for the closing of

11         facilities in emergency situations; amending s.

12         267.075, F.S.; revising the membership of The

13         Grove Advisory Council; amending s. 272.18,

14         F.S.; revising the membership of the Governor's

15         Mansion Commission; amending s. 272.185, F.S.;

16         revising the organizational structure of the

17         department relating to maintenance of the

18         Governor's Mansion; amending s. 273.02, F.S.;

19         increasing the value of property required to be

20         inventoried by custodians; amending s. 273.055,

21         F.S.; providing for the disbursement of moneys

22         received from disposition of state-owned

23         tangible personal property; amending s. 281.07,

24         F.S.; revising the organizational structure of

25         the department relating to the capitol police;

26         amending s. 282.111, F.S.; revising the

27         organizational structure of the department

28         relating to the statewide system of regional

29         law enforcement communications; amending s.

30         287.042, F.S.; revising the organizational

31         structure of the department relating to the

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  1         purchasing of goods and services; amending s.

  2         287.057, F.S.; revising the organizational

  3         structure of the department relating to the

  4         procurement of insurance; amending ss. 287.16,

  5         287.18, F.S.; revising the organizational

  6         structure of the department relating to motor

  7         vehicles, watercraft, and aircraft; amending s.

  8         365.171, F.S.; designating the director of the

  9         statewide emergency telephone number "911";

10         amending ss. 401.021, 401.027, F.S.;

11         designating the director of the statewide

12         telecommunications system of the regional

13         emergency medical service; amending s. 446.604,

14         F.S.; providing for Government Services Direct

15         to be included in the plan for One-Stop Career

16         Centers; amending s. 447.208, F.S.; providing

17         for the determination of attorney's fees in

18         certain cases; repealing ss. 110.407 and

19         110.607, F.S., which provide for performance

20         audits; providing an effective date.

21

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

23

24         Section 1.  Subsection (4) of section 20.22, Florida

25  Statutes, is amended to read:

26         20.22  Department of Management Services.--There is

27  created a Department of Management Services.

28         (4)  The duties of the Chief Labor Negotiator Office of

29  Labor Relations shall be determined by the Secretary of

30  Management Services, and must include, but need not be limited

31  to, the representation of the Governor as the public employer

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  1  in collective bargaining negotiations pursuant to the

  2  provisions of chapter 447.

  3         Section 2.  Subsection (2) of section 110.109, Florida

  4  Statutes, is amended to read:

  5         110.109  Productivity improvement and personnel audits

  6  of executive branch agencies.--The department shall be

  7  responsible for conducting personnel audits of all executive

  8  branch agencies, except the State University System, to

  9  provide as follows:

10         (2)  It shall be the duty of the department to audit

11  the personnel programs of the state agencies on a continuing

12  and regular basis to ensure the agencies' compliance with

13  state laws and regulations.  A copy of such study made by the

14  department shall be submitted to the Governor, the President

15  of the Senate, the Speaker of the House of Representatives,

16  and the Auditor General.

17         Section 3.  Section 110.1099, Florida Statutes, is

18  amended to read:

19         110.1099  Education and training opportunities for

20  state employees.--

21         (1)  Education and training are an integral component

22  in improving the delivery of services to the public.

23  Recognizing that the application of productivity-enhancing

24  technology and practice demand continuous educational and

25  training opportunities, state employees may be authorized to

26  receive tuition waivers on a space-available basis or vouchers

27  to attend work-related courses at public universities.

28         (2)  The department, in conjunction with the agencies,

29  shall request that such institutions provide evening and

30  weekend programs for state employees. When evening and weekend

31  training and educational programs are not available, employees

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  1  may be authorized to take paid time off during their regular

  2  working hours for training and career development, as provided

  3  in s. 110.105(1), if such training benefits the employer.

  4         (3)  Employees who exhibit superior aptitude and

  5  performance may be authorized to take paid educational leaves

  6  of absence for up to 1 academic year at a time, for specific

  7  approved work-related education and training.

  8         (4)  Such employees must enter into contracts to return

  9  to state employment for a period of time equal to the length

10  of the leave of absence or refund salary and benefits paid

11  during their educational leaves of absence.

12         (5)  The Department of Management Services, in

13  consultation with the agencies and, to the extent applicable,

14  Florida's public postsecondary educational institutions, shall

15  adopt rules to implement and administer this section.

16         (6)  As a precondition to approving an employee's

17  training request, an agency or the judicial branch may require

18  an employee to enter into an agreement that requires the

19  employee to reimburse the agency or judicial branch the

20  registration fee or similar expense for any training or

21  training series when the cost of the fee or similar expense

22  exceeds $1,000 if the employee voluntarily terminates

23  employment or is discharged for cause from the agency or

24  judicial branch within a specified period of time not

25  exceeding 4 years after the conclusion of the training. This

26  subsection does not apply to any training program that an

27  agency or the judicial branch requires the employee to attend.

28  An agency or the judicial branch may pay the outstanding

29  balance then due and owing on behalf of a state employee under

30  this subsection in connection with recruitment and hiring of

31  such state employee.

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  1         Section 4.  Paragraph (d) of subsection (2) and

  2  subsection (6) of section 110.112, Florida Statutes, is

  3  amended to read:

  4         110.112  Affirmative action; equal employment

  5  opportunity.--

  6         (2)

  7         (d)  The department shall report information in its

  8  annual workforce report relating to annually to the Governor

  9  on the implementation, continuance, updating, and results of

10  each executive agency's affirmative action plan for the

11  previous fiscal year.

12         (6)  The department shall review and audit executive

13  agency actions in carrying out the rules adopted by the

14  department pursuant to this section and shall submit postaudit

15  reports to the Governor, the President of the Senate, the

16  Speaker of the House of Representatives, and the Auditor

17  General.

18         Section 5.  Section 110.1165, Florida Statutes, is

19  amended to read:

20         110.1165  Executive branch personnel errors.--

21         (1)  An agency of the executive branch, including the

22  State University System, shall establish procedures for the

23  receipt, consideration, and disposition of a claim regarding

24  pay or benefits brought by an employee when that employee is

25  damaged as a result of being provided with erroneous written

26  information by the employing agency regarding his or her pay

27  or benefits, and the employee detrimentally relies upon such

28  written information. In order to qualify for the relief

29  provided by this section, the employee's reliance on the

30  representation must have been reasonable and based only upon

31  the written representations made by those persons authorized

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  1  by the agency head to make such representations. Furthermore,

  2  the erroneous calculation and payment of an employee's salary,

  3  wages, or benefits is not among the written representations

  4  which will trigger relief under this section. Section 95.11(4)

  5  is the statute of limitations for filing any action to recover

  6  salary, wages, overtime, benefits, or related damages by or on

  7  behalf of a state employee, or any action under this section.

  8  No distinctions between the terms "salary" and "wages" in

  9  construing the provisions of s. 95.11(4) apply to this section

10  or the statute of limitations for filing any action under this

11  section.

12         (2)  An agency of the executive branch, including the

13  State University System, is authorized to take such action as

14  may be appropriate to provide a remedy for an employee

15  concerning his or her claim regarding detrimental reliance on

16  erroneous written information provided by the employing agency

17  relating to pay and benefits, provided such remedy is within

18  the purview of the agency's authority.  The agency has no

19  authority whatsoever to modify the state retirement system or

20  the state insurance program.  Any monetary remedy afforded by

21  the agency must fall within the agency's budgetary authority.

22  Any person dissatisfied with the outcome of this process may

23  file either a grievance pursuant to the agency's internal

24  grievance process or an appeal to the Division of

25  Administrative Hearings pursuant to chapter 120, but not both.

26         (3)  The time limit to file any action to recover

27  compensation, including, but not limited to, salaries, wages,

28  overtime pay, fringe benefits, or damages or penalties

29  relating thereto from, by, or on behalf of a state officer or

30  employee is 2 years from the date of the alleged error. This

31  time limit applies in all disputes over compensation for work

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  1  performed by state officers or employees, and is not confined

  2  to cases arising under subsections (1) and (2).

  3         Section 6.  Section 110.1245, Florida Statutes, is

  4  amended to read:

  5         110.1245  Meritorious service awards program.--

  6         (1)  The Department of Management Services shall set

  7  policy, develop procedures, and promote a program of

  8  meritorious service awards, incentives, and recognition to

  9  employees who:

10         (a)  Propose procedures or ideas which are adopted and

11  which will result in increasing productivity, in eliminating

12  or reducing state expenditures or improving operations, or in

13  generating additional revenues, provided such proposals are

14  placed in effect and can be implemented under current

15  statutory authority; or

16         (b)  By their superior accomplishments, make

17  exceptional contributions to the efficiency, economy, or other

18  improvement in the operations of the state government.

19

20  Every state agency, unless otherwise provided by law, shall

21  participate in the program.  The Chief Justice shall have the

22  authority to establish a meritorious service awards program

23  for employees of the judicial branch within the parameters

24  established in this section.  The component of the program

25  specified in paragraph (a) shall apply to all employees within

26  the Career Service System, the Selected Exempt Service System,

27  and comparable employees within the judicial branch.  The

28  component of the program specified in paragraph (b) shall

29  apply to all employees of the state.  No award granted under

30  the component of the program described in paragraph (a) shall

31  exceed 10 percent of the first year's actual savings or actual

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  1  revenue increase, up to $25,000, plus applicable taxes, unless

  2  a larger award is made by the Legislature, and shall be paid

  3  from the appropriation available to the judicial branch or

  4  state agency affected by the award or from any specific

  5  appropriation therefor.  No award granted under the component

  6  of the program described in paragraph (b) shall exceed $1,000

  7  plus applicable taxes per individual employee. The judicial

  8  branch or an agency may award savings bonds or other items in

  9  lieu of cash awards, provided that the cost of such item does

10  not exceed the limits specified in this subsection.  In

11  addition, the judicial branch or a state agency may award

12  certificates, pins, plaques, letters of commendation, and

13  other tokens of recognition of meritorious service to an

14  employee eligible for recognition under either component of

15  the program, provided that the award may not cost in excess of

16  $100 $75 each plus applicable taxes.

17         (2)  The department and the judicial branch shall

18  submit annually to the President of the Senate and the Speaker

19  of the House of Representatives information that by April 1 of

20  each year a report which outlines each agency's level of

21  participation in the meritorious service awards program.  The

22  information must report shall include, but is not be limited

23  to:

24         (a)  The number of proposals made.

25         (b)  The number of awards made to employees for adopted

26  proposals.

27         (c)  The actual cost savings realized as a result of

28  implementing employee proposals.

29         (d)  Total expenditures incurred by the agency for

30  providing awards to employees for adopted proposals.

31

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  1         (e)  The number of employees recognized for superior

  2  accomplishments.

  3         (f)  The number of employees recognized for

  4  satisfactory service to the state.

  5         (3)  Each department head is authorized to incur

  6  expenditures to award suitable framed certificates, pins, and

  7  other tokens of recognition to retiring state employees whose

  8  service with the state has been satisfactory, in appreciation

  9  and recognition of such service.  Such awards may not cost in

10  excess of $100 $50 each plus applicable taxes.

11         (4)  Each department head is authorized to incur

12  expenditures to award suitable framed certificates, pins, or

13  other tokens of recognition to state employees who have

14  achieved increments of 5 years of satisfactory service in the

15  agency or to the state, in appreciation and recognition of

16  such service.  Such awards may not cost in excess of $50 $10

17  each plus applicable taxes.

18         (5)  Each department head is authorized to incur

19  expenditures not to exceed $100 $50 each plus applicable taxes

20  for suitable framed certificates, plaques, or other tokens of

21  recognition to any appointed member of a state board or

22  commission whose service to the state has been satisfactory,

23  in appreciation and recognition of such service upon the

24  expiration of such board or commission member's final term in

25  such position.

26         Section 7.  Paragraph (b) of subsection (2) of section

27  110.181, Florida Statutes, is amended to read:

28         110.181  Florida State Employees' Charitable

29  Campaign.--

30         (2)  SELECTION OF FISCAL AGENTS; COST.--

31

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  1         (b)  The fiscal agent shall withhold the reasonable

  2  costs for conducting the campaign and for accounting and

  3  distribution to the participating organizations and shall

  4  reimburse the department the actual cost, not to exceed 1

  5  percent, for coordinating the campaign in accordance with the

  6  rules of the department. In any fiscal year in which the

  7  Legislature specifically appropriates to the department its

  8  total costs for coordinating the campaign from the General

  9  Revenue Fund, the fiscal agent is not required to reimburse

10  such costs to the department under this subsection. Otherwise,

11  reimbursement will be the difference between actual costs and

12  the amount appropriated.

13         Section 8.  Subsection (5) is added to section 110.201,

14  Florida Statutes, to read:

15         110.201  Personnel rules, records, and reports.--

16         (5)  The department shall develop a workforce report

17  that contains data representative of the state's human

18  resources. The report should identify trends for planning and

19  improving the management of the state's human resources. The

20  department shall submit this report annually to the Governor,

21  the President of the Senate, and the Speaker of the House of

22  Representatives.

23         Section 9.  Paragraph (m) of subsection (2) of section

24  110.205, Florida Statutes, is amended to read:

25         110.205  Career service; exemptions.--

26         (2)  EXEMPT POSITIONS.--The exempt positions which are

27  not covered by this part include the following, provided that

28  no position, except for positions established for a limited

29  period of time pursuant to paragraph (h), shall be exempted if

30  the position reports to a position in the career service:

31

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  1         (m)1.  In addition to those positions exempted by other

  2  paragraphs of this subsection, each department head may

  3  designate a maximum of 20 policymaking or managerial

  4  positions, as defined by the department and approved by the

  5  Administration Commission, as being exempt from the Career

  6  Service System.  Career service employees who occupy a

  7  position designated as a position in the Selected Exempt

  8  Service under this paragraph shall have the right to remain in

  9  the Career Service System by opting to serve in a position not

10  exempted by the employing agency.  Unless otherwise fixed by

11  law, the department shall set the salary and benefits of these

12  positions in accordance with the rules of the Selected Exempt

13  Service; provided, however, that if the agency head determines

14  that the general counsel, chief Cabinet aide, public

15  information administrator or comparable position for a Cabinet

16  officer, inspector general, or legislative affairs director

17  has both policymaking and managerial responsibilities and if

18  the department determines that any such position has both

19  policymaking and managerial responsibilities, the salary and

20  benefits for each such position shall be established by the

21  department in accordance with the rules of the Senior

22  Management Service. In addition, each department may designate

23  one additional position in the Senior Management Service if

24  that position reports directly to the agency head or to a

25  position in the Senior Management Service and if any

26  additional costs are absorbed from the existing budget of that

27  department.

28         2.  If otherwise exempt, employees of the Public

29  Employees Relations Commission, the Commission on Human

30  Relations, and the Unemployment Appeals Commission, upon the

31  certification of their respective commission heads, may be

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  1  provided for under this paragraph as members of the Senior

  2  Management Service, if otherwise qualified.  However, the

  3  deputy general counsels of the Public Employees Relations

  4  Commission shall be compensated as members of the Selected

  5  Exempt Service.

  6         Section 10.  Subsection (4) of section 110.235, Florida

  7  Statutes, is amended to read:

  8         110.235  Training.--

  9         (4)  Each employing agency shall annually evaluate and

10  report to the department the training it has implemented and

11  the progress it has made in the area of training. The

12  department shall review and consolidate the information

13  reported to it by the agencies and shall annually report the

14  progress of the agencies in training to the Governor, the

15  President of the Senate, and the Speaker of the House of

16  Representatives.

17         Section 11.  Subsection (5) of section 110.503, Florida

18  Statutes, is amended to read:

19         110.503  Responsibilities of departments and

20  agencies.--Each department or agency utilizing the services of

21  volunteers shall:

22         (5)  Provide for the recognition of volunteers who have

23  offered continuous and outstanding service to

24  state-administered programs. Each department or agency using

25  the services of volunteers is authorized to incur expenditures

26  not to exceed $75 each plus applicable taxes for suitable

27  framed certificates, plaques, or other tokens of recognition

28  to honor, reward, or encourage volunteers for their service.

29         Section 12.  Subsection (6) of section 110.504, Florida

30  Statutes, is amended to read:

31         110.504  Volunteer benefits.--

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  1         (6)  Incidental recognition benefits or incidental

  2  nonmonetary awards may be furnished to volunteers serving in

  3  state departments to award, recognize, or encourage volunteers

  4  for their service. The awards may not cost in excess of $75

  5  each plus applicable taxes.

  6         Section 13.  Paragraph (f) of subsection (3) and

  7  subsections (12) and (13) of section 112.061, Florida

  8  Statutes, are amended to read:

  9         112.061  Per diem and travel expenses of public

10  officers, employees, and authorized persons.--

11         (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

12         (f)  A traveler who becomes sick or injured while away

13  from his or her official headquarters and is therefore unable

14  to perform the official business of the agency may continue to

15  receive subsistence as provided in subsection (6) during this

16  period of illness or injury until such time as he or she is

17  able to perform the official business of the agency or returns

18  to his or her official headquarters, whichever is earlier.

19  Such subsistence may be paid when approved by the agency head

20  or his or her designee.

21         (12)  ADVANCEMENTS.--Notwithstanding any of the

22  foregoing restrictions and limitations, an agency head or his

23  or her designee may make, or authorize the making of, advances

24  to cover anticipated costs of travel to travelers.  Such

25  advancements may include the costs of subsistence and travel

26  of any person transported in the care or custody of the

27  traveler in the performance of his or her duties.

28         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

29  an agency requires an employee to incur either Class A or

30  Class B travel on emergency notice to the traveler, such

31  traveler may request the agency to pay his or her expenses for

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  1  meals and lodging directly to the vendor, and the agency may

  2  pay the vendor the actual expenses for meals and lodging

  3  during the travel period, limited to an amount not to exceed

  4  that authorized pursuant to this section. In emergency

  5  situations, the agency head or his or her designee may

  6  authorize an increase in the amount paid for a specific meal,

  7  provided that the total daily cost of meals does not exceed

  8  the total amount authorized for meals each day.  The agency

  9  head or his or her designee may also grant prior approval for

10  a state agency to make direct payments of travel expenses in

11  other situations that result in cost savings to the state, and

12  such cost savings shall be documented in the voucher submitted

13  to the Comptroller for the direct payment of travel expenses.

14  The provisions of this subsection shall not be deemed to apply

15  to any legislator or to any employee of either house of the

16  Legislature or of the Joint Legislative Management Committee.

17         Section 14.  Subsection (1) of section 215.196, Florida

18  Statutes, is amended to read:

19         215.196  Architects Incidental Trust Fund; creation;

20  assessment.--

21         (1)  There is created the Architects Incidental Trust

22  Fund for the purpose of providing sufficient funds for the

23  operation of the facilities development activities of the

24  Department of Management Services Division of Building

25  Construction.

26         Section 15.  Subsections (5) and (9) of section

27  215.422, Florida Statutes, are amended to read:

28         215.422  Warrants, vouchers, and invoices; processing

29  time limits; dispute resolution; agency or judicial branch

30  compliance.--

31

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  1         (5)  All purchasing agreements between a state agency

  2  or the judicial branch and a vendor, applicable to this

  3  section, shall include a statement of the vendor's rights and

  4  the state's responsibilities under this section.  The vendor's

  5  rights shall include being provided with the name and

  6  telephone number of the vendor ombudsman within the Department

  7  of Banking and Finance, which information shall also be placed

  8  on all agency or judicial branch purchase orders.

  9         (9)  Each agency and the judicial branch shall include

10  in the official position description of every officer or

11  employee who is responsible for the approval or processing of

12  vendors' invoices or distribution of warrants to vendors that

13  the requirements of this section are mandatory. In addition,

14  each employee shall be required to sign a statement at least

15  annually that he or she has been provided a copy of this

16  section and the rules promulgated by the Comptroller.  The

17  statement shall also acknowledge that the employee understands

18  the approval and processing time limitations and the provision

19  for automatic interest penalty payments.  Each agency and the

20  judicial branch shall certify its compliance with this

21  subsection to the Comptroller on or before February 1 of each

22  year.

23         Section 16.  Paragraph (v) of subsection (1) of section

24  216.011, Florida Statutes, is amended to read:

25         216.011  Definitions.--

26         (1)  For the purpose of fiscal affairs of the state,

27  appropriations acts, legislative budgets, and approved

28  budgets, each of the following terms has the meaning

29  indicated:

30         (v)  "Operating capital outlay" means equipment,

31  fixtures, and other tangible personal property of a

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  1  nonconsumable and nonexpendable nature, the value or cost of

  2  which is $1,000 $500 or more and the normal expected life of

  3  which is 1 year or more, and hardback-covered bound books that

  4  are circulated to students or the general public, the value or

  5  cost of which is $25 or more, and hardback-covered bound

  6  books, the value or cost of which is $250 $100 or more.

  7         Section 17.  Section 216.346, Florida Statutes, is

  8  amended to read:

  9         216.346  Contracts between state agencies; restriction

10  on overhead or other indirect costs.--In any contract between

11  state agencies, including any contract involving the State

12  University System or the State Community College System, the

13  agency receiving the contract or grant moneys shall charge no

14  more than 5 percent of the total cost of the contract or grant

15  for overhead or indirect costs or any other costs not required

16  for the payment of direct costs. However, this section does

17  not apply to contracts or subcontracts between state

18  universities, between community colleges, or between state

19  universities and community colleges.

20         Section 18.  Paragraphs (b) and (k) of subsection (2)

21  of section 255.249, Florida Statutes, are amended to read:

22         255.249  Division of Facilities Management;

23  responsibility; department rules.--

24         (2)  The department shall promulgate rules pursuant to

25  chapter 120 providing:

26         (b)  Procedures for soliciting and accepting

27  competitive proposals for leased space of 5,000 3,000 square

28  feet or more in privately owned buildings, for evaluating the

29  proposals received, for exemption from competitive bidding

30  requirements of any lease the purpose of which is the

31  provision of care and living space for persons or emergency

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  1  space needs as provided in s. 255.25(10), and for the securing

  2  of at least three documented quotes for a lease that is not

  3  required to be competitively bid.

  4         (k)  For a lease of less than 5,000 3,000 square feet,

  5  a method for certification by the agency head or the agency

  6  head's designated representative that all criteria for leasing

  7  have been fully complied with and for the filing of a copy of

  8  such lease and all supporting documents with the department

  9  for its review and approval as to technical sufficiency.

10         Section 19.  Paragraph (b) of subsection (2) and

11  subsection (3) of section 255.25, Florida Statutes, are

12  amended to read:

13         255.25  Approval required prior to construction or

14  lease of buildings.--

15         (2)

16         (b)  The approval of the Department Division of

17  Facilities Management Services, except for technical

18  sufficiency, need not be obtained for the lease of less than

19  5,000 3,000 square feet of space within a privately owned

20  building, provided the agency head or the agency head's

21  designated representative has certified compliance with

22  applicable leasing criteria as may be provided pursuant to s.

23  255.249(2)(k) and has determined such lease to be in the best

24  interest of the state. Such a lease which is for a term

25  extending beyond the end of a fiscal year is subject to the

26  provisions of ss. 216.311, 255.2502, and 255.2503.

27         (3)(a)  Except as provided in subsection (10), no state

28  agency shall enter into a lease as lessee for the use of 5,000

29  3,000 square feet or more of space in a privately owned

30  building except upon advertisement for and receipt of

31  competitive bids and award to the lowest and best bidder.  The

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  1  Department Division of Facilities Management Services shall

  2  have the authority to approve a lease for 5,000 3,000 square

  3  feet or more of space that covers more than 1 fiscal year,

  4  subject to the provisions of ss. 216.311, 255.2501, 255.2502,

  5  and 255.2503, if such lease is, in the judgment of the

  6  department division, in the best interests of the state.  This

  7  paragraph does not apply to buildings or facilities of any

  8  size leased for the purpose of providing care and living space

  9  for persons.

10         (b)  The Department Division of Facilities Management

11  Services may approve extensions of an existing lease of 5,000

12  3,000 square feet or more of space if such extensions are

13  determined to be in the best interests of the state, but in no

14  case shall the total of such extensions exceed 11 months.  If

15  at the end of the 11th month an agency still needs space, it

16  shall be procured by competitive bid in accordance with s.

17  255.249(2)(b).

18         (c)  Any person who files an action protesting a

19  decision or intended decision pertaining to a competitive bid

20  for space to be leased by the agency pursuant to s.

21  120.57(3)(b) shall post with the state agency at the time of

22  filing the formal written protest a bond payable to the agency

23  in an amount equal to 1 percent of the estimated total rental

24  of the basic lease period or $5,000, whichever is greater

25  less, which bond shall be conditioned upon the payment of all

26  costs which may be adjudged against him or her in the

27  administrative hearing in which the action is brought and in

28  any subsequent appellate court proceeding. If the agency

29  prevails after completion of the administrative hearing

30  process and any appellate court proceedings, it shall recover

31  all costs and charges which shall be included in the final

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  1  order or judgment, excluding attorney's fees.  Upon payment of

  2  such costs and charges by the person protesting the award, the

  3  bond shall be returned to him or her.  If the person

  4  protesting the award prevails, the bond shall be returned to

  5  that person and he or she shall recover from the agency all

  6  costs and charges which shall be included in the final order

  7  of judgment, excluding attorney's fees.

  8         Section 20.  Subsection (2) of section 255.257, Florida

  9  Statutes, is amended to read:

10         255.257  Energy management plan; buildings occupied by

11  state agencies.--

12         (2)  ENERGY CONSUMPTION AND COST DATA.--Each state

13  agency shall submit, in the form and manner to be prescribed

14  by the Department Division of Facilities Management Services,

15  data on energy consumption and cost. The data gathered shall

16  be on state-owned facilities and metered state-leased

17  facilities of 5,000 net square feet or more. These data will

18  be used in the computation of the effectiveness of the state

19  energy management plan and the effectiveness of the energy

20  management program of each of the reporting agencies.  The

21  department division shall advise the various agencies on the

22  effectiveness of their energy management programs.

23         Section 21.  Section 255.503, Florida Statutes, is

24  amended to read:

25         255.503  Powers of the Department Division of

26  Facilities Management Services.--

27         (1)  The Department Division of Facilities Management

28  Services shall have all the authority necessary to carry out

29  and effectuate the purposes and provisions of this act,

30  including, but not limited to, the authority to:

31

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  1         (a)(1)  Collect reasonable rentals or charges for the

  2  use of and services provided for facilities in the pool in

  3  accordance with the provisions of this act exclusively for the

  4  purpose of paying the expenses of improving, repairing,

  5  maintaining, and operating facilities and paying debt service

  6  charges in connection with its obligations.

  7         (b)(2)  Prescribe for the use of facilities in the

  8  pool, prescribe the amount of rentals or charges, and make and

  9  enter into contracts with any political subdivision or agency,

10  for the use of and services provided for such facilities.

11         (c)(3)  Acquire facilities pursuant to s. 11(e), Art.

12  VII of the State Constitution and own, operate, and finance

13  such facilities in accordance with this act through the

14  issuance of obligations by the division under this act; to

15  utilize rentals or charges from such facilities, as well as

16  any appropriated state or other public funds; and to pledge

17  revenue from such facilities to finance the acquisition of

18  facilities pursuant to the provisions of this act.

19         (d)(4)  Operate existing state-owned facilities in the

20  pool and to pledge rentals or charges for such facilities to

21  finance the acquisition of facilities pursuant to the

22  provisions of this act.

23         (e)(5)  Pledge, hypothecate, or otherwise encumber

24  rentals or charges as may be agreed as security for

25  obligations issued under this act and enter into trust

26  agreements or indentures for the benefit of the holders of

27  such obligations.

28         (f)(6)  Borrow money or accept advances, loans, gifts,

29  grants, devises, or bequests from any source; enter into

30  contracts or agreements with any party; and hold and apply

31  advances, loans, gifts, grants, devises, or bequests according

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  1  to the terms thereof. Such advances, loans, gifts, grants,

  2  devises, or bequests of real estate may be in fee simple or of

  3  any lesser estate and may be subject to any reasonable

  4  reservations.  Any advances or loans received from any source

  5  may be repaid in accordance with the terms of such advance or

  6  loan.

  7         (g)(7)  Sell, lease, release, or otherwise dispose of

  8  facilities in the pool in accordance with applicable law.

  9         (h)(8)  Create and establish funds and accounts for the

10  purpose of debt service reserves, for the matching of the

11  timing and the amount of available funds and debt service

12  charges, for sinking funds, for capital depreciation reserves,

13  for operating reserves, for capitalized interest and moneys

14  not required for immediate disbursement to acquire all or a

15  portion of any facility, and for any other reserves, funds, or

16  accounts reasonably necessary to carry out the provisions of

17  this act and to invest in authorized investments any moneys

18  held in such funds and accounts, provided such investments

19  will be made on behalf of the Department Division of

20  Facilities Management Services by the State Board of

21  Administration or the Treasurer, as appropriate.

22         (i)(9)  Engage the services of consultants for

23  rendering professional and technical assistance and advice and

24  to engage services of professionals in connection with the

25  acquisition or financing of any facility or the operation and

26  activities of the Division of Facilities Management, including

27  attorneys, auditors, consultants, and accountants.

28         (j)(10)  Lease all or any portion of any facility to an

29  agency or to any political subdivision.

30         (k)(11)  Promulgate all rules necessary to implement

31  the provisions of this act.

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  1         (l)(12)  Do all other acts reasonably necessary to

  2  carry out the provisions of this act.

  3         (2)  When the Governor, by Executive Order, declares an

  4  emergency, an agency head has the responsibility for the

  5  closing of the affected facilities or portions thereof within

  6  his or her jurisdiction which are located in the area covered

  7  by the Executive Order. In any other disaster or emergency

  8  condition that may necessitate the closing of facilities in an

  9  area, an agency head has the authority and responsibility to

10  determine whether the agency offices or facilities or portion

11  thereof under his or her jurisdiction are affected by the

12  emergency and should be closed. The Department of Management

13  Services must approve the closing of any agency facility or

14  portion thereof for more than 2 consecutive work days. In the

15  case of a facility operated by the Department of Management

16  Services, either an agency head or the Secretary of Management

17  Services has the authority and responsibility to determine

18  whether agency offices or facilities or any portion thereof

19  are affected by the emergency and are to be closed.

20         Section 22.  Paragraph (a) of subsection (3) of section

21  267.075, Florida Statutes, is amended to read:

22         267.075  The Grove Advisory Council; creation;

23  membership; purposes.--

24         (3)(a)  The Grove Advisory Council shall be composed of

25  eight members, as follows:

26         1.  Five members shall be private citizens appointed by

27  the Secretary of State.

28         2.  One member shall be the Secretary director of the

29  Division of Facilities Management of the Department of

30  Management Services or his or her designee.

31

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  1         3.  One member shall be the director of the Division of

  2  Historical Resources of the Department of State.

  3         4.  At least one member shall be a direct descendant of

  4  Mary Call Darby Collins appointed by the Secretary of State

  5  with the advice of the oldest living generation of lineal

  6  descendants of Mary Call Darby Collins.

  7

  8  Of the citizen members, at least one member shall have

  9  professional curatorial and museum expertise, one member shall

10  have professional architectural expertise in the preservation

11  of historic buildings, and one member shall have professional

12  landscape expertise. The five citizen members of the council

13  appointed by the Secretary of State and the member of the

14  council who is a direct descendant of Mary Call Darby Collins

15  appointed by the Secretary of State shall be appointed for

16  staggered 4-year terms. The Secretary of State shall fill the

17  remainder of unexpired terms for the five citizen members of

18  the council and the member of the council who is a direct

19  descendant of Mary Call Darby Collins.

20         Section 23.  Paragraph (a) of subsection (1) of section

21  272.18, Florida Statutes, is amended to read:

22         272.18  Governor's Mansion Commission.--

23         (1)(a)  There is created within the Department of

24  Management Services a Governor's Mansion Commission to be

25  composed of eight members. Five members shall be private

26  citizens appointed by the Governor and subject to confirmation

27  by the Senate; one member shall be the Secretary Director of

28  the Division of Facilities Management of the Department of

29  Management Services or his or her designee; one member shall

30  be the Director of the Division of Recreation and Parks of the

31  Department of Environmental Protection; and one member shall

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  1  be designated by the Secretary of State and shall be an

  2  employee of the Department of State with curatorial and museum

  3  expertise. The Governor shall appoint all citizen members for

  4  4-year terms. The Governor shall fill vacancies for the

  5  remainder of unexpired terms. The spouse of the Governor or

  6  the designated representative of the Governor shall be an ex

  7  officio member of the commission but shall have no voting

  8  rights except in the case of a tie vote.

  9         Section 24.  Section 272.185, Florida Statutes, is

10  amended to read:

11         272.185  Maintenance of Governor's Mansion by

12  Department Division of Facilities Management Services.--

13         (1)  POWERS AND DUTIES OF DIVISION.--

14         (a)  The Division of Facilities Management of the

15  Department of Management Services shall maintain all

16  structures, furnishings, equipment, and grounds of the

17  Governor's Mansion, except that the exterior facades; the

18  landscaping of the grounds; the antique furnishings in the

19  private quarters; the interiors of the state rooms; and the

20  articles of furniture, fixtures, and decorative objects used

21  or displayed in the state rooms shall be maintained pursuant

22  to the directives of the Governor's Mansion Commission.

23         (2)(b)  The department division shall insure the

24  Governor's Mansion, its contents, and all structures and

25  appurtenances thereto with the State Property Insurance Trust

26  Fund as provided in s. 284.01.  The department may division is

27  authorized to purchase any necessary insurance either by a

28  primary insurance contract, excess coverage insurance, or

29  reinsurance to cover the contents of the mansion, whether

30  title of the contents is in the state or in any other person

31

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  1  or entity not a resident of the mansion, notwithstanding the

  2  provision of s. 287.025.

  3         (3)(c)  The department division shall have authority to

  4  contract and be contracted with for work and materials

  5  required.

  6         (4)(d)  The department division shall keep a continuing

  7  and accurate inventory of all equipment and furnishings.

  8         (2)  FINANCING; BUDGETS.--The division shall submit its

  9  budgetary requirements to the Department of Management

10  Services for its approval and inclusion in legislative budget

11  requests.

12         Section 25.  Section 273.02, Florida Statutes, is

13  amended to read:

14         273.02  Record and inventory of certain property.--The

15  word "property" as used in this section means equipment,

16  fixtures, and other tangible personal property of a

17  nonconsumable and nonexpendable nature, the value or cost of

18  which is $1,000 $500 or more and the normal expected life of

19  which is 1 year or more, and hardback-covered bound books that

20  are circulated to students or the general public, the value or

21  cost of which is $25 or more, and hardback-covered bound

22  books, the value or cost of which is $250 $100 or more.  Each

23  item of property which it is practicable to identify by

24  marking shall be marked in the manner required by the Auditor

25  General.  Each custodian shall maintain an adequate record of

26  property in his or her custody, which record shall contain

27  such information as shall be required by the Auditor General.

28  Once each year, on July 1 or as soon thereafter as is

29  practicable, and whenever there is a change of custodian, each

30  custodian shall take an inventory of property in his or her

31  custody. The inventory shall be compared with the property

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  1  record, and all discrepancies shall be traced and reconciled.

  2  All publicly supported libraries shall be exempt from marking

  3  hardback-covered bound books, as required by this section.

  4  The catalog and inventory control records maintained by each

  5  publicly supported library shall constitute the property

  6  record of hardback-covered bound books with a value or cost of

  7  $25 or more included in each publicly supported library

  8  collection and shall serve as a perpetual inventory in lieu of

  9  an annual physical inventory.  All books identified by these

10  records as missing shall be traced and reconciled, and the

11  library inventory shall be adjusted accordingly.

12         Section 26.  Subsection (5) of section 273.055, Florida

13  Statutes, is amended to read:

14         273.055  Disposition of state-owned tangible personal

15  property.--

16         (5)  All moneys received by the division from the

17  disposition of state-owned tangible personal property or from

18  any agreement entered into under this chapter must be retained

19  by the custodian and may be disbursed for the acquisition of

20  exchange and surplus property and for all necessary operating

21  expenditures, and are appropriated for those purposes. The

22  custodian shall maintain records of the accounts into which

23  the money is deposited shall be deposited into the General

24  Revenue Fund.

25         Section 27.  Section 281.07, Florida Statutes, is

26  amended to read:

27         281.07  Rules; Facilities Program Division of Capitol

28  Police; traffic regulation.--

29         (1)  The Department of Management Services shall adopt

30  and promulgate rules to govern the administration, operation,

31  and management of the Facilities Program Division of Capitol

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  1  Police and to regulate traffic and parking on state-owned or

  2  state-leased property, which rules are not in conflict with

  3  any state law or county or municipal ordinance, and to carry

  4  out the provisions of ss. 281.02-281.09.

  5         (2)  Political subdivisions and municipalities may

  6  enact and enforce ordinances on the violation of traffic and

  7  parking rules provided in subsection (1).

  8         Section 28.  Subsection (4) of section 282.111, Florida

  9  Statutes, is amended to read:

10         282.111  Statewide system of regional law enforcement

11  communications.--

12         (4)  The Secretary of Management Services or his or her

13  designee director of the division is designated as the

14  director of the statewide system of regional law enforcement

15  communications and, for the purpose of carrying out the

16  provisions of this section, is authorized to coordinate the

17  activities of the system with other interested state agencies

18  and local law enforcement agencies.

19         Section 29.  Paragraph (b) of subsection (2) and

20  paragraph (b) of subsection (4) of section 287.042, Florida

21  Statutes, are amended to read:

22         287.042  Powers, duties, and functions.--The Department

23  of Management Services division shall have the following

24  powers, duties, and functions:

25         (2)

26         (b)  As an alternative to any provision in s.

27  120.57(3)(c), the department division may proceed with the bid

28  solicitation or contract award process of a term contract bid

29  when the secretary of the department or his or her designee

30  director of the division sets forth in writing particular

31  facts and circumstances which demonstrate that the delay

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  1  incident to staying the bid process or contract award process

  2  would be detrimental to the interests of the state.  After the

  3  award of a contract resulting from a bid in which a timely

  4  protest was received and in which the state did not prevail,

  5  the contract may be canceled and reawarded to the prevailing

  6  party.

  7         (4)  To establish a system of coordinated, uniform

  8  procurement policies, procedures, and practices to be used by

  9  agencies in acquiring commodities and contractual services,

10  which shall include, but not be limited to:

11         (b)  Development of procedures for the releasing of

12  requests for proposals, and invitations to bid, and other

13  competitive procurements, which procedures shall include, but

14  not be limited to, publication in the Florida Administrative

15  Weekly or on Government Services Direct the Florida

16  Communities Network of notice for requests for proposals at

17  least 28 days before the date set for submittal of proposals

18  and publication of notice for invitations to bid at least 10

19  calendar days before the date set for submission of bids. An

20  agency may waive the requirement for notice in the Florida

21  Administrative Weekly or on Government Services Direct the

22  Florida Communities Network. Notice of the request for

23  proposals shall be mailed to prospective offerors at least 28

24  calendar days prior to the date for submittal of proposals.

25  Notice of the invitation to bid shall be mailed to prospective

26  bidders at least 10 calendar days prior to the date set for

27  submittal of bids. The Minority Business Advocacy and

28  Assistance Office may consult with agencies regarding the

29  development of bid distribution procedures to ensure that

30  maximum distribution is afforded to certified minority

31  business enterprises as defined in s. 288.703.

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  1         Section 30.  Paragraph (d) of subsection (3) of section

  2  287.057, Florida Statutes, is amended to read:

  3         287.057  Procurement of commodities or contractual

  4  services.--

  5         (3)  When the purchase price of commodities or

  6  contractual services exceeds the threshold amount provided in

  7  s. 287.017 for CATEGORY TWO, no purchase of commodities or

  8  contractual services may be made without receiving competitive

  9  sealed bids or competitive sealed proposals unless:

10         (d)  When it is in the best interest of the state, the

11  Secretary the Department of Management Services or his or her

12  designee may authorize the Support Program director of the

13  division to purchase insurance by negotiation, but such

14  purchase shall be made only under conditions most favorable to

15  the public interest.

16         Section 31.  Section 287.16, Florida Statutes, is

17  amended to read:

18         287.16  Powers and duties of department division.--The

19  Department of Management Services Division of Motor Pool shall

20  have the following powers, duties, and responsibilities:

21         (1)  To obtain the most effective and efficient use of

22  motor vehicles, watercraft, and aircraft for state purposes.

23         (2)  To establish and operate central facilities for

24  the acquisition, disposal, operation, maintenance, repair,

25  storage, supervision, control, and regulation of all

26  state-owned or state-leased aircraft and motor vehicles and to

27  operate any state facilities for those purposes.  Acquisition

28  may be by purchase, lease, loan, or in any other legal manner.

29         (3)  In its discretion, to require every state agency

30  to transfer its ownership, custody, and control of every

31  aircraft and motor vehicle, and associated maintenance

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  1  facilities and equipment, except those used principally

  2  associated maintenance facilities and equipment, except those

  3  used principally for law enforcement or fire control purposes,

  4  to the Department of Management Services, including all right,

  5  title, interest, and equity therein.

  6         (4)  Upon requisition and showing of need, to assign

  7  suitable aircraft or motor vehicles, on a temporary (for a

  8  period up to and including 1 month) or permanent (for a period

  9  from 1 month up to and including 1 full year) basis, to any

10  state agency.

11         (5)  To allocate and charge fees to the state agencies

12  to which aircraft or motor vehicles are furnished, based upon

13  any reasonable criteria.

14         (6)  To adopt and enforce rules and regulations for the

15  efficient and safe use, operation, maintenance, repair, and

16  replacement of all state-owned or state-leased aircraft and

17  motor vehicles and to require the placement of appropriate

18  stickers, decals, or other markings upon the aircraft and

19  motor vehicles of the state.  The department division may

20  delegate to the respective heads of the agencies to which

21  aircraft and motor vehicles are assigned the duty of enforcing

22  the rules and regulations adopted by the department division.

23         (7)  To contract for specialized maintenance services.

24         (8)  To require any state agency to keep records and

25  make reports regarding aircraft and motor vehicles to the

26  department division as may be required. The Department of

27  Highway Safety and Motor Vehicles may use the reporting system

28  in effect on October 1, 1983, until July 1, 1984. Beginning

29  July 1, 1984, the Department of Highway Safety and Motor

30  Vehicles shall use a reporting system approved by the

31  department division. The Support Program division shall assist

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  1  the Department of Highway Safety and Motor Vehicles in

  2  developing or implementing a reporting system prior to July 1,

  3  1984, which shall specifically address the needs and

  4  requirements of the Support Program division and the

  5  Department of Highway Safety and Motor Vehicles.

  6         (9)  To establish and operate central facilities to

  7  determine the mode of transportation to be used by state

  8  employees traveling on official state business and to schedule

  9  and coordinate use of state-owned or state-leased aircraft and

10  passenger-carrying vehicles to assure maximum utilization of

11  state aircraft, motor vehicles, and employee time by assuring

12  that employees travel by the most practical and economical

13  mode of travel. The department division shall consider the

14  number of employees making the trip to the same location, the

15  most efficient and economical means of travel considering the

16  time of the employee, transportation cost and subsistence

17  required, the urgency of the trip, and the nature and purpose

18  of the trip.

19         (10)  To provide the Legislature annual reports at the

20  end of each calendar year concerning the utilization of all

21  aircraft in the executive pool and special purpose aircraft.

22         Section 32.  Section 287.18, Florida Statutes, is

23  amended to read:

24         287.18  Repair and service of motor vehicles and

25  aircraft.--The Secretary of Management Services or his or her

26  designee director of the Division of Motor Pool may require a

27  department or any state agency having facilities for the

28  repair of aircraft or motor vehicles and for the storage and

29  distribution of gasoline and other petroleum products to

30  repair aircraft and motor vehicles and to furnish gasoline and

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  1  other petroleum products to any other department or agency and

  2  shall compensate for the cost of such services and products.

  3         Section 33.  Subsections (5) and (12) of section

  4  365.171, Florida Statutes, are amended to read:

  5         365.171  Emergency telephone number "911."--

  6         (5)  SYSTEM DIRECTOR.--The secretary of the department

  7  or his or her designee director of the division is designated

  8  as the director of the statewide emergency telephone number

  9  "911" system and, for the purpose of carrying out the

10  provisions of this section, is authorized to coordinate the

11  activities of the system with state, county, local, and

12  private agencies.  The director is authorized to employ not

13  less than five persons, three of whom will be at the

14  professional level, one at the secretarial level, and one to

15  fill a fiscal position, for the purpose of carrying out the

16  provisions of this section.  The director in implementing the

17  system shall consult, cooperate, and coordinate with local law

18  enforcement agencies.

19         (12)  FEDERAL ASSISTANCE.--The secretary of the

20  department or his or her designee may director of the division

21  is authorized to apply for and accept federal funding

22  assistance in the development and implementation of a

23  statewide emergency telephone number "911" system.

24         Section 34.  Section 401.021, Florida Statutes, is

25  amended to read:

26         401.021  System director.--The Secretary of Management

27  Services or his or her designee director of the Division of

28  Communications is designated as the director of the statewide

29  telecommunications system of the regional emergency medical

30  service and, for the purpose of carrying out the provisions of

31  this part, is authorized to coordinate the activities of the

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  1  telecommunications system with other interested state, county,

  2  local, and private agencies.

  3         Section 35.  Section 401.027, Florida Statutes, is

  4  amended to read:

  5         401.027  Federal assistance.--The Secretary of

  6  Management Services or his or her designee director of the

  7  Division of Communications is authorized to apply for and

  8  accept federal funding assistance in the development and

  9  implementation of a statewide emergency medical

10  telecommunications system.

11         Section 36.  Subsection (1) of section 446.604, Florida

12  Statutes, is amended to read:

13         446.604  One-Stop Career Centers.--

14         (1)  The Department of Management Services shall

15  coordinate among the agencies a plan for a One-Stop Career

16  Center Electronic Network made up of One-Stop Career Centers

17  that are operated by the Department of Labor and Employment

18  Security, the Department of Health and Rehabilitative

19  Services, the Department of Education, and other authorized

20  public or private for-profit or not-for-profit agents.  The

21  plan shall identify resources within existing revenues to

22  establish and support such electronic network for service

23  delivery that includes Government Services Direct the Florida

24  Communities Network.

25         Section 37.  Paragraph (e) of subsection (3) of section

26  447.208, Florida Statutes, is amended to read:

27         447.208  Procedure with respect to certain appeals

28  under s. 447.207.--

29         (3)  With respect to hearings relating to demotions,

30  suspensions, or dismissals pursuant to the provisions of this

31  section:

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  1         (e)  Any order of the commission issued pursuant to

  2  this subsection may include back pay, if applicable, and an

  3  amount, to be determined by the commission and paid by the

  4  agency, for reasonable attorney's fees, witness fees, and

  5  other out-of-pocket expenses incurred during the prosecution

  6  of an appeal against an agency in which the commission

  7  sustains the employee. In determining the amount of an

  8  attorney's fee, the commission shall consider only the number

  9  of hours reasonably spent on the appeal, comparing the number

10  of hours spent on similar Career Service System appeals and

11  the reasonable hourly rate charged in the geographic area for

12  similar appeals, but not including litigation over the amount

13  of the attorney's fee. This paragraph applies to future and

14  pending cases.

15         Section 38.  Sections 110.407 and 110.607, Florida

16  Statutes, are repealed.

17         Section 39.  This act shall take effect upon becoming a

18  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions of law relating to the Department of
  4    Management Services to:

  5         1.  Provide for a Chief Labor Negotiator.
           2.  Revise described reporting requirements.
  6         3.  Provide for reimbursement to the state of
      described expenses related to education and training
  7    opportunities for state employees when an employee
      voluntarily leaves employment or is discharged within a
  8    described time period after receiving such education and
      training opportunities.
  9         4.  Provide a 2-year statute of limitations on the
      filing of an action to recover compensation.
10         5.  Increase to $100 the cap on meritorious service
      awards.
11         6.  Revise language with respect to the Florida
      State Employees' Charitable Campaign.
12         7.  Direct the department to develop a workforce
      report.
13         8.  Authorized each department to designate one
      additional position in the Senior Management Service.
14         9.  Allow each department or agency using volunteers
      to incur expenses to recognize the services of such
15    volunteers.
           10.  Redefine the term "operating capital outlay."
16         11.  Provide that a provision relating to
      restrictions on overhead or other indirect costs with
17    respect to contracts between state agencies does not
      apply to contracts between state universities, between
18    community colleges, or between state universities and
      community colleges.
19         12.  Increase to 5,000 square feet the threshold for
      leased space facilities requirements.
20         13.  Provide for the closing of facilities in
      emergency situations.
21         14.  Revise the membership of the Grove Advisory
      Council and the Governor's Mansion Commission.
22         15.  Increase the value of property required to be
      inventoried by custodians to $1,000 or more and $250 with
23    respect to certain books.
           16.  Provide for the disbursement of moneys from the
24    disposition of state-owned tangible personal property.
           17.  Revise the organizational structure of the
25    department.
           18.  Designate the director of the statewide
26    emergency telephone number "911" and the director of the
      telecommunications system of the regional emergency
27    medical service.

28
      See bill for details.
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