House Bill 4831

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    Florida House of Representatives - 1998                HB 4831

        By the Committee on Rules, Resolutions, & Ethics and
    Representatives Thrasher and Crady





  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 110.108, 110.123, 120.57, 154.04,

  4         215.196, 216.292, 217.045, 217.11, 230.23,

  5         255.102, 255.249, 255.25, 255.25001, 255.253,

  6         255.254, 255.255, 255.257, 255.258, 255.31,

  7         255.45, 255.451, 255.502, 255.503, 255.504,

  8         255.505, 255.506, 255.507, 255.508, 255.509,

  9         255.51, 255.511, 255.513, 255.514, 255.515,

10         255.517, 255.518, 255.52, 255.521, 255.522,

11         255.523, 265.001, 265.002, 265.2865, 272.03,

12         272.04, 272.05, 272.06, 272.07, 272.08, 272.09,

13         272.12, 272.121, 272.122, 272.124, 272.16,

14         272.185, 273.055, 281.02, 281.03, 281.04,

15         281.05, 281.06, 281.08, 281.09, 282.102,

16         282.103, 282.104, 282.105, 282.1095, 282.111,

17         283.30, 283.32, 284.33, 287.012, 287.017,

18         287.022, 287.032, 287.042, 287.045, 287.055,

19         287.056, 287.057, 287.058, 287.073, 287.083,

20         287.09451, 287.131, 287.15, 287.16, 287.161,

21         287.19, 288.15, 288.18, 318.21, 334.0445,

22         364.515, 365.171, 376.10, 395.1031, 401.013,

23         401.015, 401.018, 401.024, 403.7065, and

24         946.515, Florida Statutes, pursuant to the

25         directive of the Legislature in s. 4, ch.

26         97-296, Laws of Florida, to substitute a

27         reference to the Department of Management

28         Services for all references in the Florida

29         Statutes to any division, bureau, or other unit

30         of the Department of Management Services,

31         except for references to the Division of

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  1         Administrative Hearings, the Division of

  2         Retirement, or commissions.

  3

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

  5

  6         Section 1.  Subsection (4) of section 110.108, Florida

  7  Statutes, is amended to read:

  8         110.108  Personnel pilot projects.--

  9         (4)  After the Legislature approves a plan for a

10  personnel flexibility pilot project, the agency must prepare

11  and submit a progress report to the Legislature and the

12  Division of Personnel Management Services of the Department of

13  Management Services every 6 months, or sooner, if so requested

14  by the Legislature. Upon completion of the pilot project, the

15  agency shall prepare and submit a final report on the project

16  within 6 months of termination of the project.

17         Section 2.  Paragraph (e) of subsection (3) of section

18  110.123, Florida Statutes, is amended to read:

19         110.123  State group insurance program.--

20         (3)  STATE GROUP INSURANCE PROGRAM.--

21         (e)1.  Notwithstanding the provisions of chapter 287

22  and the authority of the department Division of Purchasing,

23  for the purpose of protecting the health of, and providing

24  medical services to, state employees participating in the

25  State Employees' Health Self-Insurance Plan, the Division of

26  State Group Insurance may contract to retain the services of

27  professional administrators for the State Employees' Health

28  Self-Insurance Plan.  The agency shall follow good purchasing

29  practices of state procurement to the extent practicable under

30  the circumstances.

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  1         2.  Each vendor in a major procurement, and any other

  2  vendor if the division deems it necessary to protect the

  3  state's financial interests, shall, at the time of executing

  4  any contract with the division, post an appropriate bond with

  5  the division in an amount determined by the division to be

  6  adequate to protect the state's interests but not higher than

  7  the full amount estimated to be paid annually to the vendor

  8  under the contract.

  9         3.  Each major contract entered into by the division

10  pursuant to this section shall contain a provision for payment

11  of liquidated damages to the division for material

12  noncompliance by a vendor with a contract provision. The

13  division may require a liquidated damages provision in any

14  contract if the division deems it necessary to protect the

15  state's financial interests.

16         4.  The provisions of s. 120.57(3) apply to the

17  division's contracting process, except:

18         a.  A formal written protest of any decision, intended

19  decision, or other action subject to protest shall be filed

20  within 72 hours after receipt of notice of the decision,

21  intended decision, or other action.

22         b.  As an alternative to any provision of s. 120.57(3),

23  the division may proceed with the bid selection or contract

24  award process if the director of the department sets forth, in

25  writing, particular facts and circumstances which demonstrate

26  the necessity of continuing the procurement process or the

27  contract award process in order to avoid a substantial

28  disruption to the provision of any scheduled insurance

29  services.

30         Section 3.  Paragraph (a) of subsection (3) of section

31  120.57, Florida Statutes, is amended to read:

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  1         120.57  Additional procedures for particular cases.--

  2         (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO

  3  CONTRACT BIDDING OR AWARD.--Agencies subject to this chapter

  4  shall utilize the uniform rules of procedure, which provide

  5  procedures for the resolution of protests arising from the

  6  contract bidding process. Such rules shall at least provide

  7  that:

  8         (a)  The agency shall provide notice of its decision or

  9  intended decision concerning a bid solicitation or a contract

10  award as follows:

11         1.  For a bid solicitation, notice of a decision or

12  intended decision shall be given by United States mail or by

13  hand delivery.

14         2.  For any decision of the Division of Purchasing of

15  the Department of Management Services concerning a request by

16  an agency for approval of an exceptional purchase under part I

17  of chapter 287 and the rules of the Department of Management

18  Services Division of Purchasing, notice of a decision or

19  intended decision shall be given by posting such notice in the

20  office of the Department of Management Services Division of

21  Purchasing.

22         3.  For any other agency decision, notice of a decision

23  or intended decision shall be given either by posting the bid

24  tabulation at the location where the bids were opened or by

25  certified United States mail or other express delivery

26  service, return receipt requested.

27

28  The notice required by this paragraph shall contain the

29  following statement:  "Failure to file a protest within the

30  time prescribed in s. 120.57(3), Florida Statutes, shall

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  1  constitute a waiver of proceedings under chapter 120, Florida

  2  Statutes."

  3         Section 4.  Subsection (2) of section 154.04, Florida

  4  Statutes, is amended to read:

  5         154.04  Personnel of county health departments; duties;

  6  compensation.--

  7         (2)  The personnel of the county health department

  8  shall be employed by the Department of Health. The

  9  compensation of such personnel shall be determined under the

10  rules of the Division of Personnel Management Services of the

11  Department of Management Services.  Such employees shall

12  engage in the prevention of disease and the promotion of

13  health under the supervision of the Department of Health.

14         Section 5.  Subsection (2) of section 215.196, Florida

15  Statutes, is amended to read:

16         215.196  Architects Incidental Trust Fund; creation;

17  assessment.--

18         (2)  The department division is authorized to levy and

19  assess an amount necessary to cover the cost of administration

20  by the department division of fixed capital outlay projects on

21  which it serves as owner representative on behalf of the

22  state.  The assessment rate is to be provided in the General

23  Appropriations Act and statement of intent and shall be based

24  on estimated operating cost projections for the services

25  rendered. The total assessment shall be transferred into the

26  Architects Incidental Trust Fund at the beginning of each

27  fiscal year.

28         Section 6.  Subsection (8) of section 216.292, Florida

29  Statutes, is amended to read:

30         216.292  Appropriations nontransferable; exceptions.--

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  1         (8)  Moneys appropriated in the General Appropriations

  2  Act for the purpose of paying for services provided by the

  3  state communications system in the Division of Communications

  4  of the Department of Management Services shall be paid by the

  5  user agencies, or the judicial branch, within 45 days after

  6  the billing date.  Billed amounts not paid by the user

  7  agencies, or by the judicial branch, shall be transferred by

  8  the Comptroller from the user agencies to the Communications

  9  Working Capital Trust Fund.

10         Section 7.  Section 217.045, Florida Statutes, is

11  amended to read:

12         217.045  Department of Management Services Bureau of

13  Federal Property Assistance; assistance to state

14  agencies.--The Bureau of Federal Property Assistance of the

15  Division of Purchasing of the Department of Management

16  Services may follow whatever procedure is considered necessary

17  to enable state agencies to take advantage of surplus property

18  allocated to the state by the Federal Government or by its

19  disposal agencies.

20         Section 8.  Section 217.11, Florida Statutes, is

21  amended to read:

22         217.11  Department of Management Services Division of

23  Facilities Management; authority to construct and maintain

24  warehouses and other facilities.--The Division of Facilities

25  Management of the department is authorized to construct and

26  maintain such warehouses and other facilities necessary for

27  carrying out the purposes of this chapter.

28         Section 9.  Paragraph (j) of subsection (10) of section

29  230.23, Florida Statutes, is amended to read:

30

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  1         230.23  Powers and duties of school board.--The school

  2  board, acting as a board, shall exercise all powers and

  3  perform all duties listed below:

  4         (10)  FINANCE.--Take steps to assure children adequate

  5  educational facilities through the financial procedure

  6  authorized in chapters 236 and 237 and as prescribed below:

  7         (j)  Purchasing regulations to be secured from

  8  Department of Management Services.--Secure purchasing

  9  regulations and amendments and changes thereto from the

10  Division of Purchasing of the Department of Management

11  Services and prior to any purchase have reported to it by its

12  staff, and give consideration to the lowest price available to

13  it under such regulations, provided a regulation applicable to

14  the item or items being purchased has been adopted by the

15  department Division of Purchasing. The department Division of

16  Purchasing should meet with educational administrators to

17  expand the inventory of standard items for common usage in all

18  schools and higher education institutions.

19         Section 10.  Subsections (1) and (2) of section

20  255.102, Florida Statutes, are amended to read:

21         255.102  Contractor utilization of minority business

22  enterprises.--

23         (1)  Agencies shall consider the use of price

24  preferences, weighted preference formulas, or other

25  preferences for construction contracts, as determined

26  appropriate by the Minority Business Advocacy and Assistance

27  Office in collaboration with the Department of Management

28  Services Division of Building Construction to increase

29  minority participation.

30         (2)  The Minority Business Advocacy and Assistance

31  Office, in collaboration with the Division of Building

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  1  Construction of the Department of Management Services and the

  2  State University System, shall adopt rules to determine what

  3  is a "good faith effort" for purposes of contractor compliance

  4  with minority participation goals established for

  5  competitively awarded building and construction projects. Pro

  6  forma efforts shall not be considered good faith. Factors

  7  which shall be considered by the state agency in determining

  8  whether a contractor has made good faith efforts shall

  9  include, but not be limited to:

10         (a)  Whether the contractor attended any

11  presolicitation or prebid meetings that were scheduled by the

12  agency to inform minority business enterprises of contracting

13  and subcontracting opportunities.

14         (b)  Whether the contractor advertised in general

15  circulation, trade association, or minority-focus media

16  concerning the subcontracting opportunities.

17         (c)  Whether the contractor provided written notice to

18  all relevant subcontractors listed on the minority vendor list

19  for that locality and statewide as provided by the agency as

20  of the date of issuance of the invitation to bid, that their

21  interest in the contract was being solicited in sufficient

22  time to allow the minority business enterprises to participate

23  effectively.

24         (d)  Whether the contractor followed up initial

25  solicitations of interest by contacting minority business

26  enterprises, the Minority Business Advocacy and Assistance

27  Office, or minority persons who responded and provided

28  detailed information about prebid meetings, access to plans,

29  specifications, contractor's project manager, subcontractor

30  bonding, if any, payment schedule, bid addenda, and other

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  1  assistance provided by the contractor to enhance minority

  2  business enterprise participation.

  3         (e)  Whether the contractor selected portions of the

  4  work to be performed by minority business enterprises in order

  5  to increase the likelihood of meeting the minority business

  6  enterprise procurement goals, including, where appropriate,

  7  breaking down contracts into economically feasible units to

  8  facilitate minority business enterprise participation under

  9  reasonable and economical conditions of performance.

10         (f)  Whether the contractor provided the Minority

11  Business Advocacy and Assistance Office as well as interested

12  minority business enterprises or minority persons with

13  adequate information about the plans, specifications, and

14  requirements of the contract or the availability of jobs at a

15  time no later than when such information was provided to other

16  subcontractors.

17         (g)  Whether the contractor negotiated in good faith

18  with interested minority business enterprises or minority

19  persons, not rejecting minority business enterprises or

20  minority persons as unqualified without sound reasons based on

21  a thorough investigation of their capabilities or imposing

22  implausible conditions of performance on the contract.

23         (h)  Whether the contractor diligently seeks to replace

24  a minority business enterprise subcontractor that is unable to

25  perform successfully with another minority business

26  enterprise.

27         (i)  Whether the contractor effectively used the

28  services of available minority community organizations;

29  minority contractors' groups; local, state, and federal

30  minority business assistance offices; and other organizations

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  1  that provide assistance in the recruitment and placement of

  2  minority business enterprises or minority persons.

  3         Section 11.  Subsections (1) and (3) of section

  4  255.249, Florida Statutes, are amended to read:

  5         255.249  Department of Management Services Division of

  6  Facilities Management; responsibility; department rules.--

  7         (1)  The Department of Management Services Division of

  8  Facilities Management shall have responsibility and authority

  9  for the custodial and preventive maintenance, repair, and

10  allocation of space of all buildings in the Florida Facilities

11  Pool and the grounds located adjacent thereto.

12         (3)  The Department of Management Services Division of

13  Facilities Management shall prepare a form listing all

14  conditions and requirements adopted pursuant to this chapter

15  which must be met by any state agency leasing any building or

16  part thereof.  This form shall be certified by the agency head

17  or the agency head's designated representative.

18         Section 12.  Paragraphs (a) and (c) of subsection (1),

19  paragraphs (a) and (b) of subsection (2), paragraphs (a) and

20  (b) of subsection (3), paragraph (a) of subsection (4), and

21  subsections (5), (6), and (10) of section 255.25, Florida

22  Statutes, are amended to read:

23         255.25  Approval required prior to construction or

24  lease of buildings.--

25         (1)(a)  No state agency may construct a building for

26  state use or lease space in a private building that is to be

27  constructed for state use unless prior approval of the

28  architectural design and preliminary construction plans is

29  first obtained from the Department of Management Services

30  Division of Building Construction.

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  1         (c)  When specifically authorized by the Appropriations

  2  Act and in accordance with s. 255.2501, if applicable, the

  3  Department of Management Services Division of Facilities

  4  Management may approve a lease-purchase, sale-leaseback, or

  5  tax-exempt leveraged lease contract or other financing

  6  technique for the acquisition, renovation, or construction of

  7  a state fixed capital outlay project when it is in the best

  8  interest of the state.

  9         (2)(a)  Except as provided in s. 255.2501, no state

10  agency may lease a building or any part thereof unless prior

11  approval of the lease conditions and of the need therefor is

12  first obtained from the Department of Management Services

13  Division of Facilities Management.  Any approved lease may

14  include an option to purchase or an option to renew the lease,

15  or both, upon such terms and conditions as are established by

16  the department division subject to final approval by the head

17  of the Department of Management Services and s. 255.2502.

18         (b)  The approval of the Department of Management

19  Services Division of Facilities Management, except for

20  technical sufficiency, need not be obtained for the lease of

21  less than 3,000 square feet of space within a privately owned

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

23  designated representative has certified compliance with

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

25  255.249(2)(k) and has determined such lease to be in the best

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

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

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

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

30  agency shall enter into a lease as lessee for the use of 3,000

31  square feet or more of space in a privately owned building

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  1  except upon advertisement for and receipt of competitive bids

  2  and award to the lowest and best bidder.  The Department of

  3  Management Services Division of Facilities Management shall

  4  have the authority to approve a lease for 3,000 square feet or

  5  more of space that covers more than 1 fiscal year, subject to

  6  the provisions of ss. 216.311, 255.2501, 255.2502, and

  7  255.2503, if such lease is, in the judgment of the department

  8  division, in the best interests of the state.  This paragraph

  9  does not apply to buildings or facilities of any size leased

10  for the purpose of providing care and living space for

11  persons.

12         (b)  The Department of Management Services Division of

13  Facilities Management may approve extensions of an existing

14  lease of 3,000 square feet or more of space if such extensions

15  are determined to be in the best interests of the state, but

16  in no case shall the total of such extensions exceed 11

17  months.  If at the end of the 11th month an agency still needs

18  space, it shall be procured by competitive bid in accordance

19  with s. 255.249(2)(b).

20         (4)(a)  The Department of Management Services Division

21  of Facilities Management shall not authorize any state agency

22  to enter into a lease agreement for space in a privately owned

23  building when suitable space is available in a state-owned

24  building located in the same geographic region, except upon

25  presentation to the department division of sufficient written

26  justification, acceptable to the department division, that a

27  separate space is required in order to fulfill the statutory

28  duties of the agency making such request.  The term

29  "state-owned building" as used in this subsection means any

30  state-owned facility regardless of use or control.

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  1         (5)  Before construction or renovation of any

  2  state-owned building or state-leased space is commenced, the

  3  Department of Management Services Division of Building

  4  Construction or the Division of Facilities Management, as

  5  appropriate, shall ascertain, by submission of proposed plans

  6  to the Division of State Fire Marshal for review, that the

  7  proposed construction or renovation plan complies with the

  8  uniform firesafety standards required by the Division of State

  9  Fire Marshal.  The review of construction or renovation plans

10  for state-leased space shall be completed within 10 calendar

11  days of receipt of the plans by the Division of State Fire

12  Marshal.  The review of construction or renovation plans for a

13  state-owned building shall be completed within 30 calendar

14  days of receipt of the plans by the Division of State Fire

15  Marshal. The responsibility for submission and retrieval of

16  the plans called for in this subsection shall not be imposed

17  on the design architect or engineer, but shall be the

18  responsibility of the two agencies. Whenever the Division of

19  State Fire Marshal determines that a construction or

20  renovation plan is not in compliance with such uniform

21  firesafety standards, the Division of State Fire Marshal may

22  issue an order to cease all construction or renovation

23  activities until compliance is obtained, except those

24  activities required to achieve such compliance.  The

25  Department of Management Services Division of Facilities

26  Management shall withhold approval of any proposed lease until

27  the construction or renovation plan complies with the uniform

28  firesafety standards of the Division of State Fire Marshal.

29  The cost of all modifications or renovations made for the

30  purpose of bringing leased property into compliance with the

31  uniform firesafety standards shall be borne by the lessor.

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  1         (6)  Before construction or substantial improvement of

  2  any state-owned building is commenced, the Department of

  3  Management Services Division of Building Construction must

  4  ascertain that the proposed construction or substantial

  5  improvement complies with the flood plain management criteria

  6  for mitigation of flood hazards, as prescribed in the October

  7  1, 1986, rules and regulations of the Federal Emergency

  8  Management Agency, and the department division shall monitor

  9  the project to assure compliance with the criteria.  In

10  accordance with chapter 120, the Department of Management

11  Services Division of Building Construction shall adopt any

12  necessary rules to ensure that all such proposed state

13  construction and substantial improvement of state buildings in

14  designated flood-prone areas complies with the flood plain

15  management criteria.  Whenever the department division

16  determines that a construction or substantial improvement

17  project is not in compliance with the established flood plain

18  management criteria, the department division may issue an

19  order to cease all construction or improvement activities

20  until compliance is obtained, except those activities required

21  to achieve such compliance.

22         (10)  The Department of Management Services Division of

23  Facilities Management may approve emergency acquisition of

24  space without competitive bids if existing state-owned or

25  state-leased space is destroyed or rendered uninhabitable by

26  an act of God, fire, malicious destruction, or structural

27  failure, or by legal action, if the chief administrator of the

28  state agency or the chief administrator's designated

29  representative certifies in writing that no other

30  agency-controlled space is available to meet this emergency

31  need, but in no case shall the lease for such space exceed 11

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  1  months. If the lessor elects not to replace or renovate the

  2  destroyed or uninhabitable facility, the agency shall procure

  3  the needed space by competitive bid in accordance with s.

  4  255.249(2)(b).  If the lessor elects to replace or renovate

  5  the destroyed or uninhabitable facility and the construction

  6  or renovations will not be complete at the end of the 11-month

  7  lease, the agency may modify the lease to extend it on a

  8  month-to-month basis for an additional 6 months to allow

  9  completion of such construction or renovations.

10         Section 13.  Subsection (2) of section 255.25001,

11  Florida Statutes, is amended to read:

12         255.25001  Suspension or delay of specified functions,

13  programs, and requirements relating to governmental

14  operations.--Notwithstanding the provisions of:

15         (2)  Sections 253.025 and 255.25, the Department of

16  Management Services, Division of Facilities Management, has

17  the authority to promulgate rules pursuant to chapter 120 to

18  be used in determining whether a lease-purchase of a

19  state-owned office building is in the best interests of the

20  state, which rules provide:

21         (a)  Procedures state agencies will follow to certify

22  the need for a lease-purchase acquisition for a state-owned

23  office building to the Department of Management Services

24  Division of Facilities Management and a notification procedure

25  of the department's division's decision regarding state

26  agencies' requests for a lease-purchase agreement. The

27  certification process shall include but not be limited to the

28  following:

29         1.  Current programmatic space requirements of the

30  state agency.

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  1         2.  Future programmatic space requirements of the state

  2  agency.

  3         3.  Time considerations in providing state-owned office

  4  building space.

  5         4.  An analysis of existing leases affected by the

  6  lease-purchase agreement.

  7         (b)  Procedures and document formats for the

  8  advertisement, competitive bid process, including format of

  9  submissions, and evaluation of lease-purchase acquisition

10  proposals for state-owned office buildings. The evaluation

11  process shall include but not be limited to the following:

12         1.  A consideration of the cost of comparable operating

13  leases.

14         2.  The appraised value of the facility as required by

15  s. 253.025.

16         3.  A present value analysis of the proposed payment

17  stream.

18         4.  The cost of financing the facility to be acquired.

19         5.  The cost to repair identified physical defects.

20         6.  The cost to remove identified hazardous substances.

21         7.  An energy analysis.

22         8.  A determination of who is responsible for

23  management and maintenance activities.

24

25  In order to minimize the cost of the evaluation process, the

26  Department of Management Services Division of Facilities

27  Management may develop a multistage evaluation process to

28  identify the most cost-efficient proposals for extensive

29  evaluation. The studies developed as a result of this

30  evaluation process shall be considered confidential and exempt

31  from the provisions of s. 119.07(1) to the same extent that

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  1  appraisal reports are considered confidential and exempt from

  2  the provisions of s. 119.07(1) as provided in s.

  3  253.025(6)(d).

  4         (c)  Acceptable terms and conditions for inclusion in

  5  lease-purchase agreements, which shall include but not be

  6  limited to:

  7         1.  The assignment of the lease-purchase agreement to

  8  other governmental entities, including accumulated equity.

  9         2.  The ability of the acquiring state agency to

10  sublease a portion of the facility, not to exceed 25 percent,

11  to other governmental entities. These subleases shall provide

12  for the recovery of the agencies' cost of operations and

13  maintenance.

14

15  The execution of a lease-purchase is conditioned upon a

16  finding by the Department of Management Services that it would

17  be in the best interests of the state.  The language in this

18  subsection shall be considered specific authorization for a

19  lease-purchase pursuant to s. 255.25(1)(b) upon the Department

20  of Management Services' certification that the lease-purchase

21  is in the best interests of the state.  Thereafter, the agency

22  is authorized to enter into a lease-purchase agreement and to

23  expend operating funds for lease-purchase payments.  Any

24  facility which is acquired pursuant to the processes

25  authorized by this subsection shall be considered to be a

26  "state-owned office building" and a "state-owned building" as

27  those terms are applied in ss. 255.248-255.25.

28         (d)  That any costs resulting from the processes

29  authorized by this subsection, including but not limited to

30  appraisals, environmental analyses, and any other studies

31  which may be required under these provisions, shall be borne

                                  17

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  1  by the owner of the property which is the subject of the

  2  proposed lease-purchase.

  3         Section 14.  Subsections (1) and (5) of section

  4  255.253, Florida Statutes, are amended to read:

  5         255.253  Definitions; ss. 255.251-255.258.--

  6         (1)  "Department" "Division" means the Division of

  7  Building Construction of the Department of Management

  8  Services.

  9         (5)  "Shared savings financing" means the financing of

10  energy conservation measures and maintenance services through

11  a private firm which may own any purchased equipment for the

12  duration of a contract, which shall not exceed 10 years unless

13  so authorized by the department division. Such contract shall

14  specify that the private firm will be recompensed either out

15  of a negotiated portion of the savings resulting from the

16  conservation measures and maintenance services provided by the

17  private firm or, in the case of a cogeneration project,

18  through the payment of a rate for energy lower than would

19  otherwise have been paid for the same energy from current

20  sources.

21         Section 15.  Section 255.254, Florida Statutes, is

22  amended to read:

23         255.254  No facility constructed or leased without

24  life-cycle costs.--

25         (1)  No state agency shall lease, construct, or have

26  constructed, within limits prescribed herein, a facility

27  without having secured from the department division a proper

28  evaluation of life-cycle costs, as computed by an architect or

29  engineer.  Furthermore, construction shall proceed only upon

30  disclosing, for the facility chosen, the life-cycle costs as

31  determined in s. 255.255 and the capitalization of the initial

                                  18

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  1  construction costs of the building. The life-cycle costs shall

  2  be a primary consideration in the selection of a building

  3  design. Such analysis shall be required only for construction

  4  of buildings with an area of 5,000 square feet or greater.

  5  For leased areas of 20,000 square feet or greater within a

  6  given building boundary, a life-cycle analysis shall be

  7  performed, and a lease shall only be made where there is a

  8  showing that the life-cycle costs are minimal compared to

  9  available like facilities.

10         (2)  On and after January 1, 1979, no state agency

11  shall initiate construction or have construction initiated,

12  prior to approval thereof by the department division, on a

13  facility or self-contained unit of any facility, the design

14  and construction of which incorporates or contemplates the use

15  of an energy system other than a solar energy system when the

16  life-cycle costs analysis prepared by the department division

17  has determined that a solar energy system is the most

18  cost-efficient energy system for the facility or unit.

19         (3)  After September 30, 1985, when any state agency

20  must replace or supplement major items of energy-consuming

21  equipment in existing state-owned or leased facilities or any

22  self-contained unit of any facility with other major items of

23  energy-consuming equipment, the selection of such items shall

24  be made on the basis of a life-cycle cost analysis of

25  alternatives in accordance with rules promulgated by the

26  department division under s. 255.255.

27         Section 16.  Subsection (1) and paragraph (a) of

28  subsection (2) of section 255.255, Florida Statutes, are

29  amended to read:

30         255.255  Life-cycle costs.--

31

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  1         (1)  The department division shall promulgate rules and

  2  procedures, including energy conservation performance

  3  guidelines, for conducting a life-cycle cost analysis of

  4  alternative architectural and engineering designs and

  5  alternative major items of energy-consuming equipment to be

  6  retrofitted in existing state-owned or leased facilities and

  7  for developing energy performance indices to evaluate the

  8  efficiency of energy utilization for competing designs in the

  9  construction of state-financed and leased facilities.

10         (2)  Such life-cycle costs shall be the sum of:

11         (a)  The reasonably expected fuel costs over the life

12  of the building, as determined by the department division,

13  that are required to maintain illumination, power,

14  temperature, humidity, and ventilation and all other

15  energy-consuming equipment in a facility, and

16         Section 17.  Subsections (1), (2), (3), and (4) of

17  section 255.257, Florida Statutes, are amended to read:

18         255.257  Energy management plan; buildings occupied by

19  state agencies.--

20         (1)  DEPARTMENT DIVISION RESPONSIBILITY.--The

21  Department of Management Services Division of Facilities

22  Management shall constitute the responsible state agency for

23  developing and implementing an energy management plan for

24  state agencies occupying state-owned or state-leased

25  buildings. The Department of Community Affairs shall assist in

26  the development of this plan.

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

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

29  by the Department of Management Services Division of

30  Facilities Management, data on energy consumption and cost.

31  These data will be used in the computation of the

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  1  effectiveness of the state energy management plan and the

  2  effectiveness of the energy management program of each of the

  3  reporting agencies.  The department division shall advise the

  4  various agencies on the effectiveness of their energy

  5  management programs.

  6         (3)  ENERGY MANAGEMENT COORDINATORS.--Each state

  7  agency, the Florida Public Service Commission, the Department

  8  of Military Affairs, and the judicial branch shall appoint a

  9  coordinator whose responsibility shall be to advise the head

10  of the agency on matters relating to energy consumption in

11  facilities under the control of that head or in space occupied

12  by the various units comprising that agency, in vehicles

13  operated by that agency, and in other energy-consuming

14  activities of the agency.  The coordinator shall cooperate

15  with the Department of Management Services Division of

16  Facilities Management in the implementation of the state

17  energy management plan.  The coordinator shall implement the

18  energy management program jointly agreed upon by the agency

19  concerned and the department division.

20         (4)  CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The

21  Department of Management Services Division of Facilities

22  Management shall develop a state energy management plan

23  consisting of, but not limited to, the following elements:

24         (a)  Data-gathering requirements;

25         (b)  Building energy audit procedures;

26         (c)  Uniform data analysis procedures;

27         (d)  Employee energy education program measures;

28         (e)  Energy consumption reduction techniques;

29         (f)  Training program for agency energy management

30  coordinators; and

31         (g)  Guidelines for building managers.

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  1

  2  The plan shall include a description of actions to reduce

  3  consumption of electricity and nonrenewable energy sources

  4  used for space heating and cooling, ventilation, lighting,

  5  water heating, and transportation.

  6         Section 18.  Subsection (2) of section 255.258, Florida

  7  Statutes, is amended to read:

  8         255.258  Shared savings financing of energy

  9  conservation in state-owned buildings.--

10         (2)  Except as noted in subsection (4), state agency

11  shared savings contracts shall be developed in accordance with

12  a model contract to be developed by the department division in

13  cooperation with the Attorney General, the Comptroller, and

14  the Department of Community Affairs. The model contract shall

15  include the methodology for calculating base line energy

16  costs, a procedure for revising these costs should the state

17  institute additional energy conservation features or building

18  use change, a requirement for a performance bond guaranteeing

19  that the facility will be restored to the original condition

20  in the event of default, a provision for early buy-out, a

21  clause specifying who will be responsible for maintaining the

22  equipment, and a provision allowing the disposal of equipment

23  at the end of the contract.  No agency shall substantially

24  alter the provisions described in the model without the

25  permission of the department division.

26         Section 19.  Subsections (1), (2), and (3) of section

27  255.31, Florida Statutes, are amended to read:

28         255.31  Authority to the Division of Building

29  Construction of the Department of Management Services to

30  manage construction projects for state and local

31  governments.--

                                  22

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  1         (1)  The Department of Management Services Division of

  2  Building Construction shall provide the project management and

  3  administration services for the construction, renovation,

  4  repair, modification, or demolition of buildings, utilities,

  5  parks, parking lots, or other facilities or improvements for

  6  projects for which the funds are appropriated to the

  7  department of Management Services. The department's division's

  8  fees for such services shall be paid from such appropriations.

  9         (2)  The Department of Management Services Division of

10  Building Construction may, upon request, enter into contracts

11  with other state agencies under which the department division

12  may provide the project management, administration services,

13  or assistance for the construction, renovation, repair,

14  modification, or demolition of buildings, utilities, parks,

15  parking lots, or other facilities or improvements for projects

16  for which the funds are appropriated to other state agencies.

17  The contracts shall provide for payment of fees to the

18  department division.

19         (3)  The Department of Management Services Division of

20  Building Construction may, upon request, enter into contracts

21  with municipalities, school boards, school districts,

22  authorities, other political subdivisions, and community

23  colleges under which the department division may provide the

24  project management, administration services, or assistance for

25  the construction, renovation, repair, modification, or

26  demolition of buildings, utilities, parks, parking lots, or

27  other facilities or improvements.  The contracts shall provide

28  for payment of fees to the department division.

29         Section 20.  Section 255.45, Florida Statutes, is

30  amended to read:

31

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  1         255.45  Correction of firesafety violations in certain

  2  state-owned property.--The Division of Facilities Management

  3  of the Department of Management Services is responsible for

  4  ensuring that firesafety violations that are noted by the

  5  State Fire Marshal pursuant to s. 633.085 are corrected as

  6  soon as practicable for all state-owned property which is

  7  leased from the Department of Management Services.

  8         Section 21.  Section 255.451, Florida Statutes, is

  9  amended to read:

10         255.451  Electronic firesafety and security

11  system.--The management responsibility of the electronic

12  firesafety and security system located within the Capitol and

13  any system associated therewith is vested in the Division of

14  Facilities Management of the Department of Management

15  Services.

16         Section 22.  Paragraphs (c), (d), and (l) of subsection

17  (2), subsections (5), (10), (12), and (13), paragraph (b) of

18  subsection (14), and subsection (16) of section 255.502,

19  Florida Statutes, are amended to read:

20         255.502  Definitions; ss. 255.501-255.525.--As used in

21  this act, the following words and terms shall have the

22  following meanings unless the context otherwise requires:

23         (2)  "Acquisition costs" means all reasonable and

24  necessary costs incurred in the acquisition of a facility,

25  which costs may include, but are not limited to:

26         (c)  Any expenses relating to the issuance of the

27  obligations by the division in the name and on behalf of the

28  Department of Management Services Division of Facilities

29  Management, including, but not limited to, private placement

30  fees, underwriting fees, original issue discounts, rating

31  agency fees, and other necessary fees.

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  1         (d)  Fees in connection with the planning, execution,

  2  and financing of a project, such as those of architects,

  3  engineers, attorneys, feasibility consultants, financial

  4  advisers, accountants, and the Department of Management

  5  Services Division of Facilities Management, including the

  6  allocable portions of direct costs of the Department of

  7  Management Services Division of Facilities Management and the

  8  lessee agencies.

  9         (l)  The reimbursement of all moneys advanced or

10  supplied to or borrowed by the Department of Management

11  Services Division of Facilities Management or others for the

12  payment of any item of cost of a facility.

13         (5)  "Debt service charges" means, collectively,

14  principal, including mandatory sinking fund requirements and

15  the accretion portion of any capital appreciation bonds for

16  retirement of obligations, interest, redemption premium, if

17  any, required to be paid by the Department of Management

18  Services Division of Facilities Management on obligations

19  issued under this act and any obligation administrative fees.

20         (10)  "Obligation administrative fees" means any

21  periodic expense, charge, or cost relating to or incurred in

22  connection with remarketing of obligations such as remarketing

23  agent or indexing agent fees and any periodic expense, charge,

24  or cost related to any obligations or to credit enhancements

25  or liquidity features, including, but not limited to, letter

26  of credit fees, whether direct pay or standby, swap agent fees

27  and similar expenses, periodic fees and expenses, if any, of

28  trustees, depositories, registrars, book entry registrars and

29  paying agents, and any allowances established by the

30  Department of Management Services Division of Facilities

31  Management for working capital, contingency reserves, and

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  1  reserves for any anticipated operating deficits during each

  2  fiscal year.

  3         (12)  "Pool pledged revenues" means all legislative

  4  appropriations and all fees, charges, revenues, or receipts

  5  derived by the Department of Management Services Division of

  6  Facilities Management from the operation, leasing, or other

  7  disposition of facilities in the pool, and the proceeds of

  8  obligations issued under this act, and shall include any

  9  moneys appropriated to an agency for the purpose of making

10  such rental payments, rental payments received with respect to

11  such facilities from whatever sources, and receipts therefrom,

12  and investment of any such moneys pursuant to this act, all as

13  are available for the payment of debt service charges on such

14  obligations as are issued with respect to the pool.

15         (13)  "Pool rental rate" means the per square foot

16  rental rate established by the Department of Management

17  Services Division of Facilities Management for every facility

18  which is in the pool.

19         (14)  "Qualified facility" means an eligible facility

20  which is either:

21         (b)  Determined by the Department of Management

22  Services Division of Facilities Management to be suitable for

23  entry into the pool although not meeting the requirements of

24  paragraph (a); or

25         (16)  "Revenue bonds" means any bonds, debentures,

26  notes, certificates, or other evidences of financial

27  indebtedness, whether certificated or noncertificated, issued

28  by the division on behalf of the Division of Facilities

29  Management of the Department of Management Services under and

30  pursuant to this act, including, but not limited to, variable

31  rate obligations, designated maturity obligations, capital

                                  26

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  1  appreciation bonds, original issue discount bonds, and

  2  multimodal instruments or obligations, or instruments

  3  combining any of the foregoing.

  4         Section 23.  Section 255.503, Florida Statutes, is

  5  amended to read:

  6         255.503  Powers of the Department of Management

  7  Services Division of Facilities Management.--The Department of

  8  Management Services Division of Facilities Management shall

  9  have all the authority necessary to carry out and effectuate

10  the purposes and provisions of this act, including, but not

11  limited to, the authority to:

12         (1)  Collect reasonable rentals or charges for the use

13  of and services provided for facilities in the pool in

14  accordance with the provisions of this act exclusively for the

15  purpose of paying the expenses of improving, repairing,

16  maintaining, and operating facilities and paying debt service

17  charges in connection with its obligations.

18         (2)  Prescribe for the use of facilities in the pool,

19  prescribe the amount of rentals or charges, and make and enter

20  into contracts with any political subdivision or agency, for

21  the use of and services provided for such facilities.

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

23  of the State Constitution and own, operate, and finance such

24  facilities in accordance with this act through the issuance of

25  obligations by the division under this act; to utilize rentals

26  or charges from such facilities, as well as any appropriated

27  state or other public funds; and to pledge revenue from such

28  facilities to finance the acquisition of facilities pursuant

29  to the provisions of this act.

30         (4)  Operate existing state-owned facilities in the

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

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  1  finance the acquisition of facilities pursuant to the

  2  provisions of this act.

  3         (5)  Pledge, hypothecate, or otherwise encumber rentals

  4  or charges as may be agreed as security for obligations issued

  5  under this act and enter into trust agreements or indentures

  6  for the benefit of the holders of such obligations.

  7         (6)  Borrow money or accept advances, loans, gifts,

  8  grants, devises, or bequests from any legal source; enter into

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

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

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

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

13  any lesser estate and may be subject to any reasonable

14  reservations.  Any advances or loans received from any source

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

16  loan.

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

18  facilities in the pool in accordance with applicable law.

19         (8)  Create and establish funds and accounts for the

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

21  timing and the amount of available funds and debt service

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

23  for operating reserves, for capitalized interest and moneys

24  not required for immediate disbursement to acquire all or a

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

26  accounts reasonably necessary to carry out the provisions of

27  this act and to invest in authorized investments any moneys

28  held in such funds and accounts, provided such investments

29  will be made on behalf of the Department of Management

30  Services Division of Facilities Management by the State Board

31  of Administration or the Treasurer, as appropriate.

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  1         (9)  Engage the services of consultants for rendering

  2  professional and technical assistance and advice and to engage

  3  services of professionals in connection with the acquisition

  4  or financing of any facility or the operation and activities

  5  of the Department of Management Services Division of

  6  Facilities Management, including attorneys, auditors,

  7  consultants, and accountants.

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

  9  agency or to any political subdivision.

10         (11)  Promulgate all rules necessary to implement the

11  provisions of this act.

12         (12)  Do all other acts reasonably necessary to carry

13  out the provisions of this act.

14         Section 24.  Subsection (1) of section 255.504, Florida

15  Statutes, is amended to read:

16         255.504  Use of facilities.--

17         (1)  Any facility which is acquired and approved

18  pursuant to s. 11(e), Art. VII of the State Constitution and

19  financed under this act, and any facility in the pool shall be

20  occupied to the extent that space is available, by agencies as

21  authorized by the Department of Management Services Division

22  of Facilities Management.

23         Section 25.  Section 255.505, Florida Statutes, is

24  amended to read:

25         255.505  Creation of the pool.--The Department of

26  Management Services Division of Facilities Management is

27  hereby authorized and directed to create the Florida

28  Facilities Pool in order that agencies may participate, and

29  thereby pool the rentals to be paid by such agencies, at

30  uniform rates with additional charges for services provided,

31  and to authorize the issuance of obligations secured by and

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  1  payable from such rentals and charges. Participation in the

  2  pool shall be in accordance with the provisions of this act.

  3         Section 26.  Subsections (3) and (4) of section

  4  255.506, Florida Statutes, are amended to read:

  5         255.506  Facilities in pool.--The following facilities

  6  shall be entered into the pool:

  7         (3)  Any agency may submit all, but not less than all,

  8  of the eligible facilities under its jurisdiction for entry

  9  into the pool.  Each of such eligible facilities which is

10  determined by the Department of Management Services Division

11  of Facilities Management to be a qualified facility shall be

12  entered into the pool upon such determination.

13         (4)  Any agency which requests the issuance of

14  obligations under this act for the financing of the

15  acquisition of a facility shall submit all, but not less than

16  all, of the eligible facilities under its jurisdiction for

17  entry into the pool.  Each of such eligible facilities which

18  is determined by the Department of Management Services

19  Division of Facilities Management to be a qualified facility

20  shall be entered into the pool upon such a determination.

21         Section 27.  Section 255.507, Florida Statutes, is

22  amended to read:

23         255.507  Determination of qualified facilities.--The

24  Department of Management Services Division of Facilities

25  Management, in making determinations under s. 255.502(14)(b),

26  shall determine a facility to be a qualified facility if the

27  facility meets either of the following standards:

28         (1)  The facility is in compliance with the firesafety

29  standards established by the State Fire Marshal for

30  state-owned buildings, is in compliance with flood management

31

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  1  criteria if it is located in a flood-prone area, and is in

  2  good operating condition in relation to its intended use.

  3         (2)  The facility's economic benefit to the pool will

  4  be equal to or greater than the cost of restoring the facility

  5  to the condition described in subsection (1). For purposes of

  6  this subsection, achieving such economic benefit means that

  7  the rent to be paid by the occupants of the facility will be

  8  adequate to repay the restoration costs within 5 years.

  9         Section 28.  Section 255.508, Florida Statutes, is

10  amended to read:

11         255.508  Participation in pool.--To participate in the

12  pool, an agency head shall submit a request to the Department

13  of Management Services Division of Facilities Management and

14  to the division pursuant to rules adopted by the Department of

15  Management Services Division of Facilities Management pursuant

16  to this act.

17         Section 29.  Section 255.509, Florida Statutes, is

18  amended to read:

19         255.509  Request for advisory statement.--

20         (1)  Any agency may request from the Department of

21  Management Services Division of Facilities Management an

22  advisory statement which shall state the estimated pool rental

23  rate which would be assessed under current conditions for the

24  agency's facilities if entered into the pool. The request for

25  an advisory statement shall contain a description of each

26  eligible facility under the jurisdiction of the agency or to

27  be acquired by the agency.

28         (2)  In rendering such advisory statement, the

29  Department of Management Services Division of Facilities

30  Management shall consult with the division and shall be

31  entitled to rely upon financial advisers or other

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  1  professionals and may assume whatever method of financing that

  2  the division deems cost-effective.

  3         Section 30.  Section 255.51, Florida Statutes, is

  4  amended to read:

  5         255.51  Determination of rental rates.--The Department

  6  of Management Services Division of Facilities Management shall

  7  determine and establish rental rates charged and computed on a

  8  per square foot basis for all facilities in the pool whether

  9  or not of new construction, and such rates shall be applied

10  uniformly to all agencies using or occupying space in

11  facilities in the pool with additional charges based upon the

12  elements of service and special requests as provided.

13  Separate rates and charges may be established for warehouse

14  space and parking space incidental to facilities in the pool.

15         Section 31.  Subsection (1) of section 255.511, Florida

16  Statutes, is amended to read:

17         255.511  Factors to be considered in establishing

18  rental rates.--

19         (1)  The Department of Management Services Division of

20  Facilities Management shall prepare a complete annual budget

21  for debt service on obligations issued under this act and for

22  capital depreciation reserve deposits and expenses included in

23  the operation and maintenance of each facility in the pool.

24         Section 32.  Section 255.513, Florida Statutes, is

25  amended to read:

26         255.513  Powers of the Division of Bond Finance and the

27  Department of Management Services Division of Facilities

28  Management.--The Division of Bond Finance and the Department

29  of Management Services Division of Facilities Management are

30  authorized to jointly:

31

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  1         (1)  Engage the services of remarketing agents,

  2  indexing agents, underwriters, financial advisers, special tax

  3  counsel, bond counsel, or similar type services with respect

  4  to the issuance of any obligations under this act.

  5         (2)  Procure credit enhancements such as municipal bond

  6  insurance, debt service reserve insurance, lease payment

  7  insurance, letters of credit or liquidity facilities such as

  8  letters of credit or surety bonds, or to enter into rate

  9  protection agreements, such as interest rate swaps or similar

10  arrangements, in conjunction with the issuance of any

11  obligations under this act.

12         Section 33.  Section 255.514, Florida Statutes, is

13  amended to read:

14         255.514  Division of Bond Finance; revenue bonds.--The

15  division is authorized to issue obligations under this act on

16  behalf of and at the request of the Department of Management

17  Services Division of Facilities Management.

18         Section 34.  Section 255.515, Florida Statutes, is

19  amended to read:

20         255.515  Issuance of obligations by the division.--With

21  respect to the issuance of any obligations under this act, the

22  division shall be entitled to use such method of financing or

23  combination of methods of financing as it deems appropriate to

24  result in cost-effective financing.  The division shall be

25  entitled to rely upon the advice of financial advisers and

26  other professionals retained jointly by the Department of

27  Management Services Division of Facilities Management and the

28  division for such purposes.

29         Section 35.  Section 255.517, Florida Statutes, is

30  amended to read:

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  1         255.517  Anticipation obligations.--To provide funds

  2  for the purposes of this act, and prior to the delivery of an

  3  issue of revenue bonds for the purposes of this act, the

  4  division may, on behalf of the Department of Management

  5  Services Division of Facilities Management, from time to time,

  6  by resolution, anticipate the issuance of such revenue bonds

  7  by the issuance of revenue notes, including commercial paper

  8  notes in the form of bond anticipation notes, with or without

  9  coupons, exchangeable for the revenue bonds when such revenue

10  bonds have been executed and are available for delivery, or to

11  be paid, together with interest and premium, if any, from the

12  proceeds of the sale of such revenue bonds or a renewal issue

13  of revenue notes, including commercial paper notes in the form

14  of bond anticipation notes.  In connection with such revenue

15  notes, the Department of Management Services Division of

16  Facilities Management may covenant to do all things necessary

17  to authorize the issuance of the obligations and shall make

18  the exchange or application of the proceeds pursuant to its

19  agreements.  Such revenue notes and, in the case of commercial

20  paper notes, the latest maturity thereof shall mature not

21  later than 5 years from the date of issue of the original

22  revenue notes and shall bear such other terms and shall be

23  executed and sold in the manner authorized by the division and

24  not prohibited by this act.

25         Section 36.  Paragraph (a) of subsection (1),

26  subsection (2), paragraphs (b) and (c) of subsection (5),

27  paragraphs (a), (d), (e), and (f) of subsection (6), paragraph

28  (a) of subsection (7), paragraph (a) of subsection (8), and

29  subsections (10), (11), (12), and (13) of section 255.518,

30  Florida Statutes, are amended to read:

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  1         255.518  Obligations; purpose, terms, approval,

  2  limitations.--

  3         (1)(a)  The issuance of obligations shall provide

  4  sufficient funds to achieve the purposes of this act; pay

  5  interest on obligations except as provided in paragraph (b);

  6  pay expenses incident to the issuance and sale of any

  7  obligations issued pursuant to this act, including costs of

  8  validating, printing, and delivering the obligations, printing

  9  the official statement, publishing notices of sale of the

10  obligations, and related administrative expenses; pay building

11  acquisition and construction costs; and pay all other capital

12  expenditures of the Department of Management Services Division

13  of Facilities Management and the division incident to and

14  necessary to carry out the purposes and powers granted by this

15  act, subject to the provisions of s. 11(e), Art. VII of the

16  State Constitution and the applicable provisions of the State

17  Bond Act. Such obligations shall be payable solely from the

18  pool pledged revenues identified to such obligation. Proceeds

19  of obligations may not be used to pay building acquisition or

20  construction costs for any facility until the Legislature has

21  appropriated funds from other sources estimated to be

22  necessary for all costs relating to the initial planning,

23  preliminary design and programming, and land acquisition for

24  such facility and until such planning, design, and land

25  acquisition activities have been completed. Obligation

26  proceeds for building construction, renovation, or acquisition

27  shall be requested for appropriation in any fiscal year by the

28  Department of Management Services only if the department

29  estimates that such construction, renovation, or acquisition

30  can be initiated during such fiscal year.

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  1         (2)  All obligations authorized by this act shall be

  2  issued on behalf of and in the name of the Department of

  3  Management Services Division of Facilities Management by the

  4  division as provided by this act, with a term of not more than

  5  30 years and, except as otherwise provided herein, in such

  6  principal amounts as shall be necessary to provide sufficient

  7  funds to achieve the purposes of this act.

  8         (5)  Any resolution or resolutions authorizing any

  9  obligations issued pursuant to this act shall provide that:

10         (b)  The Department of Management Services Division of

11  Facilities Management shall maintain all facilities in the

12  pool in a satisfactory state of repair, subject to such

13  exceptions as are determined by the Department of Management

14  Services Division of Facilities Management, provided that such

15  exceptions do not result in breach of any rate covenant in

16  connection with the obligations.

17         (c)  The Department of Management Services Division of

18  Facilities Management shall establish pool rental rates in

19  amounts so that the annualized amount of pool pledged revenues

20  for the then-current bond year shall be at least equal to the

21  aggregate of 110 percent of debt services charges, plus 100

22  percent of capital depreciation reserve deposits, plus 100

23  percent of costs of operations and maintenance, if any, in

24  each case as shown in the annual budget required pursuant to

25  this act.

26         (6)  Any resolution authorizing any obligations issued

27  pursuant to this act may contain provisions, without

28  limitation, which shall be a part of the contract with the

29  holders thereof, as to:

30         (a)  Pledging all or any part of the assets of the

31  Department of Management Services Division of Facilities

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  1  Management securing the same, including leases with respect to

  2  all or any part of a facility, to secure the payment of

  3  obligations, subject to such agreements with holders of

  4  obligations as may then exist.

  5         (d)  Vesting in the State Board of Administration such

  6  property, rights, powers, and duties in trust as the division

  7  and the Department of Management Services Division of

  8  Facilities Management may determine, and limiting or

  9  abrogating the right of holders of obligations to appoint a

10  trustee under this act or limiting the rights, powers, and

11  duties of such trustee.

12         (e)  Defining the acts or omissions to act which shall

13  constitute a default in the obligations and duties of the

14  division and the Department of Management Services Division of

15  Facilities Management to the holders of obligations and

16  providing for the rights and remedies of holders of

17  obligations in the event of such default, including, as matter

18  of right, the appointment of a receiver; provided such rights

19  and remedies shall not be inconsistent with the general laws

20  of the state and the other provisions of this act.

21         (f)  Providing for the segregation of revenues payable

22  to the Department of Management Services Division of

23  Facilities Management as rentals or charges arising from

24  facilities in the pool; providing for the handling of such

25  revenues and the remittance of all or a portion thereof to the

26  State Board of Administration or a paying agent; providing for

27  the establishment of debt service reserves, capitalized

28  interest accounts, capital depreciation reserve accounts, and

29  the calculation of the amounts to be deposited therein;

30  providing for the procurement of letters of credit or

31  municipal bond insurance or similar credit enhancements or of

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  1  letters of credit or similar liquidity facilities for the

  2  benefit of holders of such obligations or for the entering

  3  into of agreements with remarketing agents, tender agents, or

  4  indexing agents or of reimbursement agreements with respect to

  5  any of the foregoing concerning any such obligations.

  6         (7)(a)  The obligations issued by the division on

  7  behalf of and in the name of the Department of Management

  8  Services Division of Facilities Management shall be sold at

  9  public sale in the manner provided by the State Bond Act;

10  provided that if the division shall determine that a

11  negotiated sale of the obligations is in the best interest of

12  the state, the division may negotiate for sale of the

13  obligations with the underwriter jointly designated by the

14  division and the Department of Management Services Division of

15  Facilities Management.  In authorizing the negotiated sale,

16  the division shall provide specific findings as to the reasons

17  for the negotiated sale.  The reasons shall include, but not

18  be limited to, characteristics of the obligations to be issued

19  and prevailing market conditions that necessitate a negotiated

20  sale. In the event the division negotiates for sale of

21  obligations, the managing underwriter, or financial consultant

22  or adviser, if applicable, shall provide to the division,

23  prior to the award of such obligations to the managing

24  underwriter, a disclosure statement containing the following

25  information:

26         1.  An itemized list setting forth the nature and

27  estimated amounts of expenses to be incurred by the managing

28  underwriter in connection with the issuance of such

29  obligations. Notwithstanding the foregoing, any such list may

30  include an item for miscellaneous expenses, provided it

31

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  1  includes only minor items of expense which cannot be easily

  2  categorized elsewhere in the statement.

  3         2.  The names, addresses, and estimated amounts of

  4  compensation of any finders connected with the issuance of the

  5  obligations.

  6         3.  The amount of underwriting spread expected to be

  7  realized.

  8         4.  Any management fee charged by the managing

  9  underwriter.

10         5.  Any other fee, bonus, or compensation estimated to

11  be paid by the managing underwriter in connection with the

12  obligations issued to any person not regularly employed or

13  retained by it.

14         6.  The name and address of the managing underwriter,

15  if any, connected with the obligations issued.

16         7.  Any other disclosure which the division may

17  require.

18

19  This paragraph is not intended to restrict or prohibit the

20  employment of professional services relating to obligations

21  issued under this act or the issuance of bonds by the division

22  under any other provisions of law.

23         (8)(a)  No underwriter, commercial bank, investment

24  banker, or financial consultant or adviser shall pay any

25  finder any bonus, fee, or gratuity in connection with the sale

26  of obligations issued by the division on behalf of and in the

27  name of the Department of Management Services Division of

28  Facilities Management unless full disclosure is made to the

29  division prior to or concurrently with the submission of a

30  purchase proposal for such obligations by the underwriter,

31  commercial bank, investment banker, or financial consultant or

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  1  adviser and is made subsequently in the official statement or

  2  offering circular, if any, detailing the name and address of

  3  any finder and the amount of bonus, fee, or gratuity paid to

  4  such finder.

  5         (10)  All obligations issued by the division on behalf

  6  of and in the name of the Department of Management Services

  7  Division of Facilities Management shall state on the face

  8  thereof that they are payable, both as to principal and

  9  interest, and premium, if any, solely out of the pool pledged

10  revenues, and do not constitute an obligation, either general

11  or special, of the state or of any political subdivision.

12         (11)  All obligations issued by the division on behalf

13  of and in the name of the Department of Management Services

14  Division of Facilities Management are hereby declared to have

15  all the qualities and incidents of negotiable instruments

16  under the applicable laws of the state.

17         (12)  Any pledge of earnings, revenues, or other moneys

18  made by the Department of Management Services Division of

19  Facilities Management shall be valid and binding from the time

20  the pledge is made.  Any earnings, revenues, or other moneys

21  so pledged and thereafter received by the Department of

22  Management Services Division of Facilities Management shall

23  immediately be subject to the lien of that pledge without any

24  physical delivery thereof or further act, and the lien of the

25  pledge shall be valid and binding as against the Department of

26  Management Services Division of Facilities Management

27  irrespective of whether the parties have notice thereof.

28  Neither the resolution nor any other instrument by which a

29  pledge is created need be recorded or filed pursuant to the

30  Uniform Commercial Code.

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  1         (13)  No employee of the Department of Management

  2  Services Division of Facilities Management or the division,

  3  nor any person lawfully executing obligations issued under

  4  this act by the division on behalf of and in the name of the

  5  Department of Management Services Division of Facilities

  6  Management, shall be liable personally on the obligations or

  7  be subject to any personal liability or accountability by

  8  reason of the issuance thereof.

  9         Section 37.  Section 255.52, Florida Statutes, is

10  amended to read:

11         255.52  Approval by State Board of Administration.--At

12  or prior to the sale by the division, all obligations proposed

13  to be issued by the division shall be approved by the State

14  Board of Administration as to fiscal sufficiency.  The State

15  Board of Administration shall look to the rate coverage of all

16  pool pledged revenues, as projected by the Department of

17  Management Services Division of Facilities Management, with

18  respect to all proposed and outstanding obligations issued

19  under this act:

20         (1)  One hundred and ten percent of debt service

21  charges; plus

22         (2)  One hundred percent of capital depreciation

23  reserved deposits, if any; plus

24         (3)  One hundred percent of costs of operation and

25  maintenance.

26

27  With respect to variable rate obligations, such evaluation

28  shall be made at the interest rate for the date of sale

29  determined as provided in s. 255.519.

30         Section 38.  Section 255.521, Florida Statutes, is

31  amended to read:

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  1         255.521  Failure of payment.--Should an agency fail to

  2  make a timely payment of the pool pledged rentals or charges

  3  as required by this act, the Comptroller shall withhold

  4  general revenues of the agency in an amount sufficient to pay

  5  the rentals and charges due and unpaid from such agency.  The

  6  Comptroller shall forward said general revenue amounts to the

  7  Department of Management Services Division of Facilities

  8  Management in payment of such rents.

  9         Section 39.  Section 255.522, Florida Statutes, is

10  amended to read:

11         255.522  State and political subdivisions not liable on

12  obligations.--Obligations issued pursuant to this act shall

13  not be a debt of the state or of any political subdivision,

14  and neither the state nor any political subdivision shall be

15  liable thereon.  The Department of Management Services

16  Division of Facilities Management shall not have the power to

17  pledge the credit, the revenues, or the taxing power of the

18  state or of any political subdivision; and neither the credit,

19  the revenues, nor the taxing power of the state or of any

20  political subdivision shall be, or shall be deemed to be,

21  pledged to the payment of any obligations issued pursuant to

22  this act.

23         Section 40.  Section 255.523, Florida Statutes, is

24  amended to read:

25         255.523  Exemption from taxes.--The property of the

26  Department of Management Services Division of Facilities

27  Management, the transactions and operations thereof, and the

28  income therefrom shall be exempt from taxation by the state

29  and political subdivisions.

30         Section 41.  Paragraph (a) of subsection (2) of section

31  265.001, Florida Statutes, is amended to read:

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  1         265.001  Florida Women's Hall of Fame.--

  2         (2)(a)  There is hereby established the Florida Women's

  3  Hall of Fame. The Division of Facilities Management of the

  4  Department of Management Services shall set aside an area on

  5  the Plaza Level of the Capitol Building and shall consult with

  6  the Florida Commission on the Status of Women regarding the

  7  design and theme of such area.

  8         Section 42.  Paragraph (a) of subsection (2) of section

  9  265.002, Florida Statutes, is amended to read:

10         265.002  Legislative intent; Florida Medal of Honor

11  Wall; duties of the Department of Veterans' Affairs.--

12         (2)(a)  There is hereby established the Florida Medal

13  of Honor Wall.  The Division of Facilities Management of the

14  Department of Management Services shall, in consultation with

15  the Florida Commission on Veterans' Affairs, designate an

16  appropriate area on the Plaza Level of the Capitol Building in

17  Tallahassee for this purpose.  The department division shall

18  also subsequently consult with the Commission on Veterans'

19  Affairs regarding the design and theme of such area.

20         Section 43.  Paragraph (a) of subsection (2) of section

21  265.2865, Florida Statutes, is amended to read:

22         265.2865  Florida Artists Hall of Fame.--

23         (2)(a)  There is hereby created the Florida Artists

24  Hall of Fame.  The Florida Arts Council shall identify an

25  appropriate location in the public area of a building in the

26  Capitol Center that is under the jurisdiction of the Division

27  of Facilities Management of the Department of Management

28  Services, which location shall be set aside by the department

29  Division of Facilities Management and designated as the

30  Florida Artists Hall of Fame.

31

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  1         Section 44.  Subsection (1) of section 272.03, Florida

  2  Statutes, is amended to read:

  3         272.03  Department of Management Services Division of

  4  Facilities Management to supervise Capitol Center buildings;

  5  title in state.--

  6         (1)  All state buildings now or hereafter constructed

  7  included in the Capitol Center at the state capital and the

  8  grounds and squares contiguous thereto shall be under the

  9  general control, custodianship, and supervision of the

10  Division of Facilities Management of the Department of

11  Management Services.

12         Section 45.  Section 272.04, Florida Statutes, is

13  amended to read:

14         272.04  Department Division to allocate space.--The

15  Division of Facilities Management of the Department of

16  Management Services shall have authority to allocate space to

17  house the various departments, agencies, boards, and

18  commissions in said buildings, excepting, however, the new

19  Supreme Court Building, for which authority shall be vested in

20  the justices of the Supreme Court.

21         Section 46.  Section 272.05, Florida Statutes, is

22  amended to read:

23         272.05  Budgets for repair and maintenance;

24  review.--The Division of Facilities Management of the

25  Department of Management Services and the Executive Office of

26  the Governor shall be empowered to review, change, and modify

27  the budgets of the departments, agencies, boards, and

28  commissions relating to the repair, upkeep, and maintenance of

29  said buildings.

30         Section 47.  Section 272.06, Florida Statutes, is

31  amended to read:

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  1         272.06  Authority to enter into contracts to provide

  2  utility services for buildings.--The Division of Facilities

  3  Management of the Department of Management Services may

  4  provide or enter into contracts to provide heating, power,

  5  lighting, cooling systems, and other necessary services or

  6  facilities for any or all of said buildings.

  7         Section 48.  Section 272.07, Florida Statutes, is

  8  amended to read:

  9         272.07  Division may provide for parks, drives, and

10  walkways.--The Division of Facilities Management of the

11  Department of Management Services may provide for the

12  establishment of parks, drives, walkways, and parkways on said

13  grounds and squares and for the supervision, regulation, and

14  maintenance of the same, including traffic and parking

15  thereon.

16         Section 49.  Section 272.08, Florida Statutes, is

17  amended to read:

18         272.08  Duty of repair, maintenance, and

19  supervision.--Except when otherwise directed by the Division

20  of Facilities Management of the Department of Management

21  Services, the official or officials now having the duty of

22  repair, care, maintenance, and supervision of any of said

23  buildings shall continue to exercise such authority.

24         Section 50.  Section 272.09, Florida Statutes, is

25  amended to read:

26         272.09  Management, maintenance, and upkeep of Capitol

27  Center.--The management, maintenance, and upkeep of the

28  Capitol Center as defined in s. 272.03, are hereby vested in

29  and made the direct obligation of the Division of Facilities

30  Management of the Department of Management Services, which

31  shall have authority to do all things necessary to

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  1  satisfactorily accomplish these functions, including the

  2  employment of a superintendent of grounds and buildings and

  3  other employees; the establishment of central repair and

  4  maintenance shops; and the designation or appointment of

  5  nonsalaried advisory committees to advise with them.

  6         Section 51.  Subsection (7) of section 272.12, Florida

  7  Statutes, is amended to read:

  8         272.12  Florida Capitol Center Planning District.--

  9         (7)  The Division of Facilities Management of the

10  Department of Management Services is hereby authorized to

11  purchase at fair market value any lands or buildings owned by

12  the Department of Transportation within the Capitol Center.

13  The Department of Management Services Division of Facilities

14  Management may use for this purpose any funds which are

15  available to it the division at the time of the purchase.

16         Section 52.  Section 272.121, Florida Statutes, is

17  amended to read:

18         272.121  Capitol Center long-range planning.--

19         (1)  The Division of Facilities Management of the

20  Department of Management Services shall develop a

21  comprehensive and long-range plan for development within the

22  Capitol Center, which plan, and amendments thereto, shall be

23  presented to the planning commission for final approval.  In

24  developing this plan, the department division shall consider:

25         (a)  The most efficient, expeditious, and economical

26  method of accomplishing the desired results.

27         (b)  The architectural and aesthetic coordination of

28  the proposed plan with the existing structures.

29         (c)  The effective utilization of all available space

30  so as to minimize waste.

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  1         (d)  The plans adopted by the local planning agencies

  2  in Leon County.

  3         (2)  The department division shall further determine

  4  the needs of state government and the various agencies thereof

  5  occupying the Capitol Center and activities requiring space or

  6  facilities in the Capitol Center. When these needs have been

  7  determined the department division shall develop a

  8  comprehensive plan for meeting these needs and for providing

  9  immediate facilities for state government and its agencies to

10  effectively and efficiently discharge their duties and

11  responsibilities, which plan shall be consistent with the plan

12  for development of the Capitol Center Planning District.

13         (3)  In carrying out the provisions of the foregoing,

14  the department division shall consult with the Capitol Center

15  Planning Commission and shall request the cooperation of those

16  state and private architects, engineers and interior designers

17  determined by the department division to possess expertise or

18  information helpful to the development of a Capitol Plan and

19  solicit and accept information, suggestions, and

20  recommendations from all interested parties.

21         (4)  The commission and the department division shall

22  prepare a report of their findings and recommendations and

23  submit the same to the Governor and the Legislature every

24  fifth year, except that the next report shall not be due until

25  February 1, 1979.  Said report shall reflect the actions of

26  the commission and the department division in carrying out the

27  provisions of this act and shall include an updated

28  comprehensive plan to carry out the provisions of this act

29  each time the report is submitted.

30         (5)  The department division is authorized to contract

31  with the City of Tallahassee, Leon County, the

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  1  Tallahassee-Leon County Planning Department, or any other

  2  agency of such city or county to obtain planning services and

  3  functions required for the planning and development of the

  4  district in harmony with the coordinated planning of the city

  5  and the county. Services and functions covered under such

  6  agreements may include, but shall not be limited to,

  7  topographic surveys; base mapping; inventory of land use,

  8  employment, parking, and building floor areas; land

  9  acquisition information; analysis of trends; physical planning

10  activities, including a master plan and any other required

11  planning studies; preparation of zoning codes to provide for

12  compatible development within the Capitol Center area and in

13  the vicinity thereof; coordination of plans for development of

14  the district with city and county development plans; and

15  application for and use of federal funds which may be

16  available for planning or related purposes.

17         Section 53.  Section 272.122, Florida Statutes, is

18  amended to read:

19         272.122  Acquisition of land for state buildings and

20  facilities in the Capitol Center.--The Division of Facilities

21  Management of the Department of Management Services is hereby

22  authorized and directed to acquire both land and buildings now

23  needed or to be needed for use, in whole or in part, by state

24  government or any agency, board, bureau, or commission

25  thereof. However, no building can be constructed or land

26  acquired under this section without specific legislative

27  approval.  The acquisition of the land, buildings, and

28  facilities may be financed by grants, by direct

29  appropriations, or by the issuance of revenue bonds or

30  certificates pledging the revenues and rentals derived from

31  the use of the buildings and facilities.  The Department of

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  1  Management Services is expressly authorized to issue revenue

  2  certificates to carry out the purposes of this section. Title

  3  to any lands acquired pursuant to this section shall be vested

  4  in the Board of Trustees of the Internal Improvement Trust

  5  Fund for the use and benefit of the State of Florida.

  6         Section 54.  Section 272.124, Florida Statutes, is

  7  amended to read:

  8         272.124  Department of Management Services Division of

  9  Facilities Management; power to contract.--The Division of

10  Facilities Management of the Department of Management Services

11  is authorized and empowered to make and enter into any

12  contract or agreement, with any person or agency, public or

13  private, to lease, buy, acquire, construct, hold, or dispose

14  of real and personal property necessary to carry out the

15  objects and purposes of this act; however, no contract may be

16  entered into without specific authorization of the Legislature

17  for the project.  Lands shall be acquired by the department

18  Division of Facilities Management in accordance with

19  acquisition procedures for state lands provided for in s.

20  253.025.

21         Section 55.  Subsection (1) of section 272.16, Florida

22  Statutes, is amended to read:

23         272.16  Parking areas within Capitol Center area.--

24         (1)  The Division of Facilities Management of the

25  Department of Management Services may assign parking areas

26  within the Capitol Center area to a state agency for its own

27  use or for reassignment to state officers and employees

28  employed in Tallahassee; however, parking areas must be

29  provided for members of the Legislature during sessions of the

30  Legislature, regular and extraordinary.  Not more than 15

31  percent of said parking areas may be set aside for the use of

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  1  persons temporarily visiting or attending to business in the

  2  Capitol Center area who reside beyond the territorial limits

  3  of the City of Tallahassee. Any remaining portion of the

  4  parking areas not assigned as aforesaid may be limited in

  5  period of time for use.  However, the Department of Management

  6  Services shall have no power to assign parking spaces in the

  7  legislative office buildings, nor shall those spaces and

  8  spaces in the parking facility within the Capitol Building

  9  which are allocated to the Legislature be included under the

10  provisions of this section and s. 272.161(1), except as

11  provided in subsection (2) of this section.

12         Section 56.  Section 272.185, Florida Statutes, is

13  amended to read:

14         272.185  Maintenance of Governor's Mansion by

15  Department of Management Services Division of Facilities

16  Management.--

17         (1)  POWERS AND DUTIES OF DEPARTMENT DIVISION.--

18         (a)  The Division of Facilities Management of the

19  Department of Management Services shall maintain all

20  structures, furnishings, equipment, and grounds of the

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

22  landscaping of the grounds; the antique furnishings in the

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

24  articles of furniture, fixtures, and decorative objects used

25  or displayed in the state rooms shall be maintained pursuant

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

27         (b)  The department division shall insure the

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

29  appurtenances thereto with the State Property Insurance Trust

30  Fund as provided in s. 284.01.  The department division is

31  authorized to purchase any necessary insurance either by a

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  1  primary insurance contract, excess coverage insurance, or

  2  reinsurance to cover the contents of the mansion, whether

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

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

  5  provision of s. 287.025.

  6         (c)  The department division shall have authority to

  7  contract and be contracted with for work and materials

  8  required.

  9         (d)  The department division shall keep a continuing

10  and accurate inventory of all equipment and furnishings.

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

12  budgetary requirements to the Department of Management

13  Services for its approval and inclusion in legislative budget

14  requests.

15         Section 57.  Subsection (4) of section 273.055, Florida

16  Statutes, is amended to read:

17         273.055  Disposition of state-owned tangible personal

18  property.--

19         (4)  Each custodian shall adopt guidelines or

20  administrative rules and regulations pursuant to chapter 120

21  providing for, but not limited to, transferring, warehousing,

22  bidding, destroying, scrapping, or other disposing of

23  state-owned tangible personal property. However, the approval

24  of the Department of Management Services Division of Motor

25  Pool is required prior to the disposal of motor vehicles,

26  watercraft, or aircraft pursuant to ss. 287.15 and 287.16.

27         Section 58.  Section 281.02, Florida Statutes, is

28  amended to read:

29         281.02  Powers and duties of the Department of

30  Management Services Division of Capitol Police.--The Division

31

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  1  of Capitol Police of the Department of Management Services has

  2  the following powers and duties:

  3         (1)  To establish a comprehensive and ongoing plan for

  4  the firesafety and security of the Capitol, the Senate Office

  5  Building, the House Office Building, and the Historic Capitol,

  6  including, but not limited to, the institution of programs for

  7  the awareness and training in firesafety and security of

  8  members of the Legislature and their employees, and all other

  9  elected officials and their respective employees, who occupy

10  such buildings. The department division shall also ensure that

11  adequate signs and personnel are in place to inform and assist

12  the occupants of and visitors to such buildings.

13         (2)  To provide and maintain the firesafety and

14  security of all state-owned property leased from the

15  Department of Management Services, excluding state

16  universities and custodial institutions, the Governor's

17  office, the Governor's mansion and the grounds thereof, and

18  the Supreme Court.

19         (3)  To develop emergency procedures and evacuation

20  routes in the event of fire or disaster and to make such

21  procedures and routes known to those persons occupying

22  state-owned buildings leased from the Department of Management

23  Services.

24         (4)  To employ:

25         (a)  Agents who hold certification as police officers

26  in accordance with the minimum standards and qualifications as

27  set forth in s. 943.13 and the provisions of chapter 110, who

28  shall have the authority to bear arms, make arrests, and apply

29  for arrest warrants; and

30         (b)  Guards and administrative, clerical, technical,

31  and other personnel as may be required.

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  1         (5)  To train agents and guards in fire prevention,

  2  firesafety, and emergency medical procedures.

  3         (6)  To respond to all complaints relating to criminal

  4  activity within state-owned buildings or state-leased

  5  property.

  6         (7)  To enforce rules of the Department of Management

  7  Services governing the regulation of traffic and parking on

  8  state-owned or state-leased property, including, but not

  9  limited to, issuing citations for the violation of such rules

10  or the traffic laws of the state or any county or municipality

11  and impounding illegally or wrongfully parked vehicles.

12         (8)  To delegate its duties provided in this section to

13  any state agency occupying such state-owned or state-leased

14  property.

15         Section 59.  Section 281.03, Florida Statutes, is

16  amended to read:

17         281.03  Investigations by department division.--

18         (1)  The Department of Management Services Division of

19  Capitol Police shall conduct traffic accident investigations

20  and investigations relating to felonies and misdemeanors

21  occurring on state-owned or state-leased property.  Any

22  matters which are deemed to involve a felony may be referred

23  to the appropriate law enforcement agency for criminal

24  investigation.  Such referrals shall include transmittal of

25  records, reports, statements, and all other information

26  relating to such matters.

27         (2)  The Department of Management Services Division of

28  Capitol Police shall retain copies of all reports relating to

29  such criminal activity for use in the ongoing firesafety and

30  security plan as required in s. 281.02.

31

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  1         Section 60.  Section 281.04, Florida Statutes, is

  2  amended to read:

  3         281.04  Arrests by agents of department division.--A

  4  person arrested by an agent of the Department of Management

  5  Services Division of Capitol Police shall be delivered to the

  6  sheriff of the county in which the arrest takes place.

  7         Section 61.  Section 281.05, Florida Statutes, is

  8  amended to read:

  9         281.05  Ex officio agents.--The Department of Highway

10  Safety and Motor Vehicles, the Department of Law Enforcement,

11  and law enforcement officers of counties and municipalities

12  are ex officio agents of the Department of Management Services

13  Division of Capitol Police and may, when authorized by the

14  department division, enforce rules and laws applicable to the

15  powers and duties of the department division to provide and

16  maintain the security required by ss. 281.02-281.09.

17         Section 62.  Section 281.06, Florida Statutes, is

18  amended to read:

19         281.06  Contracts with counties, municipalities, or

20  licensed private security agencies.--The Department of

21  Management Services Division of Capitol Police may contract

22  with any county, municipality, or licensed private security

23  agency to provide and maintain the security of state-owned or

24  state-leased property required by ss. 281.02-281.09 upon such

25  terms as the department division may deem to be in the best

26  interest of the state.

27         Section 63.  Section 281.08, Florida Statutes, is

28  amended to read:

29         281.08  Equipment.--

30         (1)  The Department of Management Services Division of

31  Capitol Police is specifically authorized to purchase, sell,

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  1  trade, rent, lease, and maintain all necessary equipment,

  2  uniforms, motor vehicles, communication systems, housing

  3  facilities, and office space, and perform any other acts

  4  necessary for the proper administration and enforcement of ss.

  5  281.02-281.09, pursuant to part I of chapter 287.  The

  6  department division may prescribe a distinctive uniform to be

  7  worn by personnel in the performance of their duties pursuant

  8  to s. 281.02(3).  The department division may prescribe a

  9  distinctive emblem to be worn by all agents or guards.

10         (2)  It is unlawful for any unauthorized person to wear

11  a uniform or emblem prescribed by the department division, or

12  a similar uniform or emblem, or to impersonate, pretend, or

13  represent himself or herself to be an agent or guard. Any

14  person who violates the provisions of this subsection is

15  guilty of a misdemeanor of the first degree, punishable as

16  provided in s. 775.082 or s. 775.083.

17         Section 64.  Section 281.09, Florida Statutes, is

18  amended to read:

19         281.09  Bonding required of officers and agents.--The

20  Department of Management Services shall ensure that each

21  officer and agent of the department Division of Capitol Police

22  is adequately bonded in accordance with its procedures

23  relating to blanket bonding of public employees.

24         Section 65.  Section 282.102, Florida Statutes, is

25  amended to read:

26         282.102  Powers and duties of Division of

27  Communications of the Department of Management Services.--The

28  Division of Communications of the Department of Management

29  Services shall have the following powers, duties, and

30  functions:

31

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  1         (1)  To publish electronically the portfolio of

  2  services available from the department division, including

  3  pricing information; the policies and procedures of the

  4  department division governing usage of available services; and

  5  a forecast of the priorities and initiatives for the state

  6  communications system for the ensuing 2 years. The department

  7  division shall provide a hard copy of its portfolio of

  8  services upon request.

  9         (2)  To coordinate the purchase, lease, and use of all

10  communications services for state government, including

11  communications services provided as part of any other total

12  system to be used by the state or any of its agencies.

13         (3)  To advise and render aid to state agencies and

14  political subdivisions of the state as to systems or methods

15  to be used for organizing and meeting communications

16  requirements efficiently and effectively.

17         (4)  To consolidate the communications systems and

18  services of state agencies and to provide for their joint use

19  by the agencies when determined by the department division to

20  be economically efficient or performance-effective.

21         (5)  To adopt technical standards for the state

22  communications system which will assure the interconnection of

23  computer networks and information systems of state agencies.

24         (6)  To assume management responsibility for any

25  consolidated communications system or service when determined

26  by the department division to be economically efficient or

27  performance-effective.

28         (7)  To enter into agreements for the support and use

29  of the communications services of state agencies and of

30  political subdivisions of the state.

31

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  1         (8)  To use or acquire, with agency concurrence,

  2  communications facilities now owned or operated by any state

  3  agency.

  4         (9)  To standardize policies and procedures for the use

  5  of such services.

  6         (10)  To purchase from or contract with suppliers and

  7  communications companies for communications facilities or

  8  services, including private line services.

  9         (11)  To apply for, receive, and hold, or assist

10  agencies in applying for, receiving, or holding, such

11  authorizations, licenses, and allocations or channels and

12  frequencies to carry out the purposes of ss. 282.101-282.109.

13         (12)  To acquire real estate, equipment, and other

14  property.

15         (13)  To cooperate with any federal, state, or local

16  emergency management agency in providing for emergency

17  communications services.

18         (14)  To delegate to state agencies the powers of

19  acquisition and utilization of communications equipment,

20  facilities, and services or to control and approve the

21  purchase, lease, and use of all communications equipment,

22  services, and facilities, including communications services

23  provided as part of any other total system to be used by the

24  state or any of its agencies.  This subsection does not apply

25  to the data processing hardware of an agency as defined in

26  this part.

27         (15)  To take ownership, custody, and control of

28  existing communications equipment and facilities, with agency

29  concurrence, including all right, title, interest, and equity

30  therein, to carry out the purposes of ss. 282.101-282.109.

31  However, the provisions of this subsection shall in no way

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  1  affect the rights, title, interest, or equity in any such

  2  equipment or facilities owned by, or leased to, the state or

  3  any state agency by any telecommunications company.

  4         (16)  To prescribe rules and regulations for the use of

  5  the state communications system.

  6         (17)  To provide a means whereby political subdivisions

  7  of the state may use the state communications system upon such

  8  terms and under such conditions as the department division may

  9  establish.

10         (18)  To apply for and accept federal funds for any of

11  the purposes of ss. 282.101-282.109 as well as gifts and

12  donations from individuals, foundations, and private

13  organizations.

14         (19)  To monitor issues relating to communications

15  facilities and services before the Florida Public Service

16  Commission and, when necessary, prepare position papers,

17  prepare testimony, appear as a witness, and retain witnesses

18  on behalf of state agencies in proceedings before the

19  commission.

20         (20)  Unless delegated to the agencies, to manage and

21  control, but not intercept or interpret, communications within

22  the SUNCOM Network by:

23         (a)  Establishing technical standards to physically

24  interface with the SUNCOM Network.

25         (b)  Specifying how communications are transmitted

26  within the SUNCOM Network.

27         (c)  Controlling the routing of communications within

28  the SUNCOM Network.

29         (d)  Establishing standards, policies, and procedures

30  for access to the SUNCOM Network.

31

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  1         (e)  Ensuring orderly and reliable communications

  2  services in accordance with the standards and policies of all

  3  state agencies and the service agreements executed with state

  4  agencies.

  5         (21)  To plan, design, and conduct experiments in

  6  communications services, equipment, and technologies, and to

  7  implement enhancements in the state communications system when

  8  justified and cost-effective.  Funding for such experiments

  9  shall be derived from SUNCOM Network service revenues and

10  shall not exceed 1 percent of the annual budget for the SUNCOM

11  Network for any fiscal year.  New services offered as a result

12  of this subsection shall not affect existing rates for

13  facilities or services.

14         (22)  To enter into contracts or agreements, with or

15  without competitive bidding or procurement, to make available,

16  on a fair, reasonable, and nondiscriminatory basis, property

17  and other structures under department division control for the

18  placement of new facilities by any wireless provider of mobile

19  service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any

20  telecommunications company as defined in s. 364.02 when it is

21  determined to be practical and feasible to make such property

22  or other structures available. The department division may,

23  without adopting a rule, charge a just, reasonable, and

24  nondiscriminatory fee for the placement of the facilities,

25  payable annually, based on the fair market value of space used

26  by comparable communications facilities in the state. The

27  department division and a wireless provider or

28  telecommunications company may negotiate the reduction or

29  elimination of a fee in consideration of services provided to

30  the department division by the wireless provider or

31  telecommunications company. All such fees collected by the

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  1  department division shall be deposited directly into the State

  2  Agency Law Enforcement Radio System Trust Fund, and may be

  3  used by the department division to construct, maintain, or

  4  support the system.

  5         Section 66.  Section 282.103, Florida Statutes, is

  6  amended to read:

  7         282.103  SUNCOM Network; exemptions from the required

  8  use.--

  9         (1)  There is created within the Division of

10  Communications of the Department of Management Services the

11  SUNCOM Network which shall be developed to serve as the state

12  communications system for providing local and long-distance

13  communications services to state agencies, political

14  subdivisions of the state, municipalities, and nonprofit

15  corporations pursuant to ss. 282.101-282.111.  The SUNCOM

16  Network shall be developed to transmit all types of

17  communications signals, including, but not limited to, voice,

18  data, video, image, and radio.  State agencies shall cooperate

19  and assist in the development and joint use of communications

20  systems and services.

21         (2)  The Department of Management Services Division of

22  Communications shall design, engineer, implement, manage, and

23  operate through state ownership, commercial leasing, or some

24  combination thereof, the facilities and equipment providing

25  SUNCOM Network services, and shall develop a system of

26  equitable billings and charges for communication services.

27         (3)  All state agencies are required to use the SUNCOM

28  Network for agency communications services as the services

29  become available; however, no agency is relieved of

30  responsibility for maintaining communications services

31  necessary for effective management of its programs and

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  1  functions.  If a SUNCOM Network service does not meet the

  2  communications requirements of an agency, the agency shall

  3  notify the Department of Management Services Division of

  4  Communications in writing and detail the requirements for that

  5  communications service.  If the department division is unable,

  6  within 90 days, to meet an agency's requirements by enhancing

  7  SUNCOM Network service, the department division shall grant

  8  the agency an exemption from the required use of specified

  9  SUNCOM Network services.

10         Section 67.  Section 282.104, Florida Statutes, is

11  amended to read:

12         282.104  Use of state SUNCOM Network by

13  municipalities.--Any municipality may request the Department

14  of Management Services Division of Communications to provide

15  any or all of the SUNCOM Network's portfolio of communications

16  services upon such terms and under such conditions as the

17  department division may establish.  The requesting

18  municipality shall pay its share of installation and recurring

19  costs according to the published rates for SUNCOM Network

20  services and as invoiced by the department division. Such

21  municipality shall also pay for any requested modifications to

22  existing SUNCOM Network services, if any charges apply.

23         Section 68.  Section 282.105, Florida Statutes, is

24  amended to read:

25         282.105  Use of state SUNCOM Network by nonprofit

26  corporations.--

27         (1)  The Division of Communications of the Department

28  of Management Services shall provide a means whereby private

29  nonprofit corporations under contract with state agencies or

30  political subdivisions of the state may use the state SUNCOM

31  Network, subject to the limitations in this section.  In order

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  1  to qualify to use the state SUNCOM Network, a nonprofit

  2  corporation shall:

  3         (a)  Expend the majority of its total direct revenues

  4  for the provision of contractual services to the state, a

  5  municipality, or a political subdivision of the state; and

  6         (b)  Receive only a small portion of its total revenues

  7  from any source other than a state agency, a municipality, or

  8  a political subdivision of the state during the period of time

  9  SUNCOM Network services are requested.

10         (2)  Each nonprofit corporation seeking authorization

11  to use the state SUNCOM Network pursuant to this section shall

12  provide to the department division, upon request, proof of

13  compliance with subsection (1).

14         (3)  Nonprofit corporations established pursuant to

15  general law and an association of municipal governments which

16  is wholly owned by the municipalities shall be eligible to use

17  the state SUNCOM Network, subject to the terms and conditions

18  of the department division.

19         (4)  Institutions qualified pursuant to s. 240.605

20  shall be eligible to use the state SUNCOM Network, subject to

21  the terms and conditions of the department division. Such

22  entities shall not be required to satisfy the other criteria

23  of this section.

24         Section 69.  Paragraphs (f) and (g) of subsection (2)

25  and subsection (5) of section 282.1095, Florida Statutes, are

26  amended to read:

27         282.1095  State agency law enforcement radio system.--

28         (2)

29         (f)  The Department of Management Services Division of

30  Communications is hereby authorized to rent or lease space on

31  any tower under its control. The department division may also

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  1  rent, lease, or sublease ground space as necessary to locate

  2  equipment to support antennae on the towers.  The costs for

  3  use of such space shall be established by the department

  4  division for each site, when it is determined to be

  5  practicable and feasible to make space available.  The

  6  department division may refuse to lease space on any tower at

  7  any site.  All moneys collected by the department division for

  8  such rents, leases, and subleases shall be deposited directly

  9  into the State Agency Law Enforcement Radio System Trust Fund

10  and may be used by the department division to construct,

11  maintain, or support the system.

12         (g)  The Department of Management Services Division of

13  Communications is hereby authorized to rent, lease, or

14  sublease ground space on lands acquired by the division or the

15  department of Management Services for the construction of

16  privately owned or publicly owned towers. The department

17  division may, as a part of such rental, lease, or sublease

18  agreement, require space on said tower or towers for antennae

19  as may be necessary for the construction and operation of the

20  state agency law enforcement radio system or any other state

21  need. The positions necessary for the department division to

22  accomplish its duties under this paragraph and paragraph (f)

23  shall be established in the General Appropriations Act and

24  shall be funded by the State Agency Law Enforcement Radio

25  System Trust Fund.

26         (5)(a)  The Division of Communications of the

27  Department of Management Services shall provide technical

28  support to the joint task force and shall bear the overall

29  responsibility for the design, engineering, acquisition, and

30  implementation of the statewide radio communications system

31

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  1  and for ensuring the proper operation and maintenance of all

  2  system common equipment.

  3         (b)  The positions necessary for the department

  4  division to accomplish its duties under this section shall be

  5  established through the budgetary process and shall be funded

  6  by the State Agency Law Enforcement Radio System Trust Fund.

  7         Section 70.  Subsections (1), (2), (3), (5), and (6) of

  8  section 282.111, Florida Statutes, are amended to read:

  9         282.111  Statewide system of regional law enforcement

10  communications.--

11         (1)  It is the intent and purpose of the Legislature

12  that a statewide system of regional law enforcement

13  communications be developed whereby maximum efficiency in the

14  use of existing radio channels is achieved in order to deal

15  more effectively with the apprehension of criminals and the

16  prevention of crime generally.  To this end, all law

17  enforcement agencies within the state are directed to provide

18  the Division of Communications of the Department of Management

19  Services with any information the department division requests

20  for the purpose of implementing the provisions of subsection

21  (2).

22         (2)  The Department of Management Services Division of

23  Communications is hereby authorized and directed to develop

24  and maintain a statewide system of regional law enforcement

25  communications.  In formulating such a system, the department

26  division shall divide the state into appropriate regions and

27  shall develop a program which shall include, but not be

28  limited to, the following provisions:

29         (a)  The communications requirements for each county

30  and municipality comprising the region.

31

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  1         (b)  An interagency communications provision which

  2  shall depict the communication interfaces between municipal,

  3  county, and state law enforcement entities which operate

  4  within the region.

  5         (c)  Frequency allocation and use provision which shall

  6  include, on an entity basis, each assigned and planned radio

  7  channel and the type of operation, simplex, duplex, or

  8  half-duplex, on each channel.

  9         (3)  The department division shall adopt any necessary

10  rules and regulations for implementing and coordinating the

11  statewide system of regional law enforcement communications.

12         (5)  No law enforcement communications system shall be

13  established or present system expanded after July 1, 1972,

14  without the prior approval of the Department of Management

15  Services Division of Communications. After January 1, 1997,

16  the department Division of Communications shall consult with

17  the Criminal and Juvenile Justice Information Systems Council

18  before approving any law enforcement communications system or

19  system expansion.

20         (6)  Within the limits of its capability, the

21  Department of Law Enforcement is encouraged to lend assistance

22  to the Department of Management Services Division of

23  Communications in the development of the statewide system of

24  regional law enforcement communications proposed by this

25  section.

26         Section 71.  Subsection (2) of section 283.30, Florida

27  Statutes, is amended to read:

28         283.30  Definitions.--As used in this part, unless the

29  context clearly requires otherwise, the term:

30         (2)  "Department" "Division" means the Division of

31  Purchasing of the Department of Management Services.

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  1         Section 72.  Subsection (3) of section 283.32, Florida

  2  Statutes, is amended to read:

  3         283.32  Recycled paper to be used by each agency;

  4  printing bids certifying use of recycled paper; percentage

  5  preference in awarding contracts.--

  6         (3)  Upon evaluation of bids for each printing

  7  contract, the agency shall identify the lowest responsive

  8  bidder and any other responsive bidders who have certified

  9  that the materials used in printing contain at least the

10  minimum percentage of recycled content that is set forth by

11  the department division.  In awarding a contract for printing,

12  the agency may allow up to a 10-percent price preference, as

13  provided in s. 287.045, to a responsive bidder who has

14  certified that the materials used in printing contain at least

15  the minimum percentage of recycled content established by the

16  department division.  If no bidders offer materials for

17  printing that contain the minimum prescribed recycled content,

18  the contract shall be awarded to the lowest qualified bidder.

19         Section 73.  Subsection (1) of section 284.33, Florida

20  Statutes, is amended to read:

21         284.33  Purchase of insurance, reinsurance, and

22  services.--

23         (1)  The Department of Insurance is authorized to

24  provide insurance, specific excess insurance, and aggregate

25  excess insurance through the Department of Management Services

26  Division of Purchasing, pursuant to the provisions of part I

27  of chapter 287, as necessary to provide insurance coverages

28  authorized by this part, consistent with market availability.

29  The Department of Insurance is further authorized to purchase

30  such risk management services, including, but not limited to,

31  risk and claims control; safety management; and legal,

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  1  investigative, and adjustment services, as may be required and

  2  pay claims. The department may contract with a service

  3  organization for such services and advance money to such

  4  service organization for deposit in a special checking account

  5  for paying claims made against the state under the provisions

  6  of this part.  The special checking account shall be

  7  maintained in this state in a bank or savings association

  8  organized under the laws of this state or of the United

  9  States.  The department may replenish such account as often as

10  necessary upon the presentation by the service organization of

11  documentation for payments of claims equal to the amount of

12  the requested reimbursement.

13         Section 74.  Subsections (8) and (9) of section

14  287.012, Florida Statutes, are amended to read:

15         287.012  Definitions.--The following definitions shall

16  apply in this part:

17         (8)  "Department" "Division" means the Division of

18  Purchasing of the Department of Management Services.

19         (9)  "Exceptional purchase" means any purchase of

20  commodities or contractual services excepted by law or rule

21  from the requirements for competitive solicitation or

22  acquisition, including, but not limited to, purchases from a

23  single source, purchases upon receipt of less than two

24  responsive bids or proposals, purchases without publication of

25  notice in the Florida Administrative Weekly, and exceptions

26  granted by the department division for a purchase of

27  commodities from other than a state term contract vendor.

28         Section 75.  Section 287.017, Florida Statutes, is

29  amended to read:

30         287.017  Purchasing categories, threshold amounts;

31  procedures for automatic adjustment by department division.--

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  1         (1)  The following purchasing categories are hereby

  2  created:

  3         (a)  CATEGORY ONE: $5,000.

  4         (b)  CATEGORY TWO:  $15,000.

  5         (c)  CATEGORY THREE:  $20,000.

  6         (d)  CATEGORY FOUR:  $60,000.

  7         (e)  CATEGORY FIVE:  $120,000.

  8         (2)  The department division shall adopt rules to

  9  annually adjust the amounts provided in subsection (1) based

10  upon the rate of change of a nationally recognized price

11  index.  Such rules shall include, but not be limited to, the

12  following:

13         (a)  Designation of the nationally recognized price

14  index or component thereof used to calculate the proper

15  adjustment authorized in this section.

16         (b)  The procedure for rounding results.

17         (c)  The effective date of each annual adjustment based

18  upon the previous calendar year data.

19         (3)  Notwithstanding s. 240.225, the State University

20  System shall be subject to the rules adopted pursuant to this

21  section.

22         Section 76.  Section 287.022, Florida Statutes, is

23  amended to read:

24         287.022  Purchase of insurance.--

25         (1)  Insurance, while not a commodity, nevertheless

26  shall be purchased for all agencies by the department

27  division, except that agencies may purchase title insurance

28  for land acquisition and may make emergency purchases of

29  insurance pursuant to s. 287.057(3)(a). The procedures for

30  purchasing insurance, whether the purchase is made by the

31

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  1  department division or by the agencies, shall be the same as

  2  those set forth herein for the purchase of commodities.

  3         (2)  When an insurer or agent pays a commission or any

  4  portion thereof to any person, on insurance purchased under

  5  this part, such payment shall be reported to the department

  6  division in writing and under oath within 30 days thereafter.

  7  Any failure to report as required herein shall subject the

  8  insurer or agent to the penalties provided in s. 624.15.

  9         Section 77.  Section 287.032, Florida Statutes, is

10  amended to read:

11         287.032  Purpose of department division.--It shall be

12  the purpose of the Department of Management Services Division

13  of Purchasing:

14         (1)  To promote efficiency, economy, and the

15  conservation of energy and to effect coordination in the

16  purchase of commodities for the state.

17         (2)  To provide uniform contractual service procurement

18  policies, rules, procedures, and forms for use by the various

19  agencies in procuring contractual services.

20         (3)  To procure and distribute state-owned surplus

21  tangible personal property and federal surplus tangible

22  personal property allocated to the state by the Federal

23  Government.

24         Section 78.  Section 287.042, Florida Statutes, is

25  amended to read:

26         287.042  Powers, duties, and functions.--The department

27  division shall have the following powers, duties, and

28  functions:

29         (1)(a)  To canvass all sources of supply, establish and

30  maintain a vendor list, and contract for the purchase, lease,

31  or acquisition in any manner, including purchase by

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  1  installment sales or lease-purchase contracts which may

  2  provide for the payment of interest on unpaid portions of the

  3  purchase price, of all commodities and contractual services

  4  required by any agency under competitive bidding or by

  5  contractual negotiation.  Any contract providing for deferred

  6  payments and the payment of interest shall be subject to

  7  specific rules adopted by the department division.

  8         (b)  The department division may remove from its vendor

  9  list any source of supply which fails to fulfill any of its

10  duties specified in a contract with the state.  It may

11  reinstate any such source of supply when it is satisfied that

12  further instances of default will not occur.

13         (c)  In order to promote cost-effective procurement of

14  commodities and contractual services, the department division

15  or an agency may enter into contracts that limit the liability

16  of a vendor consistent with s. 672.719.

17         (d)  The department division shall issue commodity

18  numbers for all products of the corporation operating the

19  correctional industry program which meet or exceed department

20  division specifications.

21         (e)  The department division shall, beginning October

22  1, 1991, include the products offered by the corporation on

23  any listing prepared by the department division which lists

24  term contracts executed by the department division. The

25  products or services shall be placed on such list in a

26  category based upon specification criteria developed through a

27  joint effort of the department division and the corporation

28  and approved by the department division.

29         (f)  The corporation may submit products and services

30  to the department division for testing, analysis, and review

31  relating to the quality and cost comparability.  If, after

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  1  review and testing, the department division approves of the

  2  products and services, the department division shall give

  3  written notice thereof to the corporation. The corporation

  4  shall pay a reasonable fee charged for testing its products by

  5  the Department of Agriculture and Consumer Services.

  6         (g)  The department division may collect fees for the

  7  use of its electronic information services. The fees may be

  8  imposed on an individual transaction basis or as a fixed

  9  subscription for a designated period of time. At a minimum,

10  the fees shall be determined in an amount sufficient to cover

11  the department's division's projected costs of such services,

12  including overhead in accordance with the policies of the

13  Department of Management Services for computing its

14  administrative assessment.  All fees collected pursuant to

15  this paragraph shall be deposited in the Grants and Donations

16  Trust Fund for disbursement as provided by law.

17         (2)(a)  To plan and coordinate purchases in volume and

18  to negotiate and execute purchasing agreements and contracts

19  for commodities and contractual services under which state

20  agencies shall make purchases pursuant to s. 287.056, and

21  under which a federal, county, municipality, institutions

22  qualified pursuant to s. 240.605, private nonprofit community

23  transportation coordinator designated pursuant to chapter 427,

24  while conducting business related solely to the Commission for

25  the Transportation Disadvantaged, or other local public agency

26  may make purchases. The department division may restrict

27  purchases from some term contracts to state agencies only for

28  those term contracts where the inclusion of other governmental

29  entities will have an adverse effect on competition or to

30  those federal facilities located in this state. In such

31  planning or purchasing the Minority Business Advocacy and

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  1  Assistance Office may monitor to ensure that opportunities are

  2  afforded for contracting with minority business enterprises.

  3  The department division, for state term contracts, and all

  4  agencies, for multiyear contractual services or term

  5  contracts, shall explore reasonable and economical means to

  6  utilize certified minority business enterprises. Purchases by

  7  any county, municipality, private nonprofit community

  8  transportation coordinator designated pursuant to chapter 427,

  9  while conducting business related solely to the Commission for

10  the Transportation Disadvantaged, or other local public agency

11  under the provisions in the state purchasing contracts, and

12  purchases, from the corporation operating the correctional

13  work programs, of products or services that are subject to

14  paragraph (1)(f), are exempt from the competitive sealed bid

15  requirements otherwise applying to their purchases.

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

17  120.57(3)(c), the department division may proceed with the bid

18  solicitation or contract award process of a term contract bid

19  when the director of the division sets forth in writing

20  particular facts and circumstances which demonstrate that the

21  delay incident to staying the bid process or contract award

22  process would be detrimental to the interests of the state.

23  After the award of a contract resulting from a bid in which a

24  timely protest was received and in which the state did not

25  prevail, the contract may be canceled and reawarded to the

26  prevailing party.

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

28  decision or intended decision pertaining to contracts

29  administered by the department division or a state agency

30  pursuant to s. 120.57(3)(b) shall post with the department

31  division or the state agency at the time of filing the formal

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  1  written protest a bond payable to the department division or

  2  state agency in an amount equal to 1 percent of the

  3  department's division's or the state agency's estimate of the

  4  total volume of the contract or $5,000, whichever is less,

  5  which bond shall be conditioned upon the payment of all costs

  6  which may be adjudged against him or her in the administrative

  7  hearing in which the action is brought and in any subsequent

  8  appellate court proceeding. For protests of decisions or

  9  intended decisions of the department division pertaining to

10  agencies' requests for approval of exceptional purchases, the

11  bond shall be in an amount equal to 1 percent of the

12  requesting agency's estimate of the contract amount for the

13  exceptional purchase requested or $5,000, whichever is less.

14  In lieu of a bond, the department division or state agency

15  may, in either case, accept a cashier's check or money order

16  in the amount of the bond. If, after completion of the

17  administrative hearing process and any appellate court

18  proceedings, the agency prevails, it shall recover all costs

19  and charges which shall be included in the final order or

20  judgment, excluding attorney's fees. This section shall not

21  apply to protests filed by the Minority Business Advocacy and

22  Assistance Office. Upon payment of such costs and charges by

23  the person protesting the award, the bond, cashier's check, or

24  money order shall be returned to him or her. If the person

25  protesting the award prevails, he or she shall recover from

26  the agency all costs and charges which shall be included in

27  the final order of judgment, excluding attorney's fees.

28         (3)  To have general supervision, through the state

29  agencies, of all storerooms and stores operated by the

30  agencies and to have supervision of inventories of all

31  commodities belonging to the state agencies.  The duties

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  1  imposed by this section do not relieve any state agency from

  2  accountability for commodities under its control.

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

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

  5  agencies in acquiring commodities and contractual services,

  6  which shall include, but not be limited to:

  7         (a)  Development of a list of interested vendors to be

  8  maintained by classes of commodities and contractual services.

  9  This list shall not be used to prequalify vendors or to

10  exclude any interested vendor from bidding.

11         (b)  Development of procedures for the releasing of

12  requests for proposals and invitations to bid, which

13  procedures shall include, but not be limited to, publication

14  in the Florida Administrative Weekly or on the Florida

15  Communities Network of notice for requests for proposals at

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

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

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

19  agency may waive the requirement for notice in the Florida

20  Administrative Weekly or on the Florida Communities Network.

21  Notice of the request for proposals shall be mailed to

22  prospective offerors at least 28 calendar days prior to the

23  date for submittal of proposals. Notice of the invitation to

24  bid shall be mailed to prospective bidders at least 10

25  calendar days prior to the date set for submittal of bids. The

26  Minority Business Advocacy and Assistance Office may consult

27  with agencies regarding the development of bid distribution

28  procedures to ensure that maximum distribution is afforded to

29  certified minority business enterprises as defined in s.

30  288.703.

31

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  1         (c)  Development of procedures for the receipt and

  2  opening of bids or proposals by an agency. Such procedures

  3  shall provide the Minority Business Advocacy and Assistance

  4  Office an opportunity to monitor and ensure that the contract

  5  award is consistent with the original request for proposal or

  6  invitation to bid, in accordance with s. 287.0945(6), and

  7  subject to the review of bid responses within standard

  8  timelines.

  9         (d)  Development of procedures to be used by an agency

10  in deciding to contract, including, but not limited to,

11  identifying and assessing in writing project needs and

12  requirements, availability of agency employees, budgetary

13  constraints or availability, facility equipment availability,

14  current and projected agency workload capabilities, and the

15  ability of any other state agency to perform the services.

16         (e)  Development of procedures to be used by an agency

17  in maintaining a contract file for each contract which shall

18  include, but not be limited to, all pertinent information

19  relating to the contract during the preparatory stages, a copy

20  of the invitation to bid or request for proposals,

21  documentation relating to the bid process, opening of bids,

22  evaluation and tabulation of bids, and determination and

23  notice of award of contract.

24         (5)(a)  To prescribe the methods of securing

25  competitive sealed bids and proposals, or negotiating and

26  awarding commodity and contractual services contracts, unless

27  otherwise provided by law.

28         (b)  To prescribe, by September 1, 1995, procedures for

29  procuring information technology consultant services which

30  provide for public announcement and qualification, competitive

31  selection, competitive negotiation, contract award, and

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  1  prohibition against contingent fees.  Such procedures shall be

  2  limited to information technology consultant contracts for

  3  which the total project costs, or planning or study

  4  activities, are estimated to exceed the threshold amount

  5  provided for in s. 287.017, for CATEGORY TWO.

  6         (6)  To prescribe specific commodities and quantities

  7  to be purchased locally.

  8         (7)(a)  To govern the purchase by any agency of any

  9  commodity or contractual service and to establish standards

10  and specifications for any commodity.

11         (b)  Except for the purchase of insurance, the

12  department division may delegate to agencies the authority for

13  the contracting for, or the purchase, lease, or acquisition

14  of, commodities or contractual services.

15         (8)  To establish definitions and classes of

16  commodities and contractual services.  Agencies shall follow

17  the definitions and classes of commodities and contractual

18  services established by the department division in acquiring

19  or purchasing commodities or contractual services.  The

20  authority of the department division under this section shall

21  not be construed to impair or interfere with the determination

22  by state agencies of their need for, or their use of, services

23  including particular specifications.

24         (9)  To furnish copies of any commodity and contractual

25  service purchasing rules to the Comptroller and all agencies

26  affected thereby.  The Comptroller shall not approve any

27  account or direct any payment of any account for the purchase

28  of any commodity or the procurement of any contractual service

29  covered by a purchasing or contractual service rule except as

30  authorized therein.  The department division shall furnish

31  copies of rules adopted by the department division to any

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  1  county, municipality, or other local public agency requesting

  2  them.

  3         (10)  To require that every agency furnish information

  4  relative to its commodity and contractual services purchases

  5  and methods of purchasing commodities and contractual services

  6  to the department division when so requested.

  7         (11)  To prepare statistical data concerning the method

  8  of procurement, terms, usage, and disposition of commodities

  9  and contractual services by state agencies. All agencies shall

10  furnish such information for this purpose to the office and to

11  the department division, as the department division or office

12  may call for, but no less frequently than annually, on such

13  forms or in such manner as the department division may

14  prescribe.

15         (12)  To establish and maintain programs for the

16  purpose of disseminating information to government, industry,

17  educational institutions, and the general public concerning

18  policies, procedures, rules, and forms for the procurement of

19  commodities and contractual services.

20         (13)  Except as otherwise provided herein, to adopt

21  rules necessary to carry out the purposes of this section,

22  including the authority to delegate to any state agency any

23  and all of the responsibility conferred by this section,

24  retaining to the department division any and all authority for

25  supervision thereof.  Such purchasing of commodities and

26  procurement of contractual services by state agencies shall be

27  in strict accordance with the rules and procedures prescribed

28  by the Department of Management Services.

29         (14)  If the department division determines that it is

30  in the best interest of the state, to award to multiple

31  suppliers contracts for commodities and contractual services

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  1  established by the department division for use by all

  2  agencies. Such awards may be on a statewide or regional basis.

  3  If regional contracts are established by the department

  4  division, multiple supplier awards may be based upon multiple

  5  awards for regions.  Agencies may award contracts to the

  6  lowest qualified responsive bidder on a statewide or regional

  7  basis.

  8         (15)  To procure and distribute state-owned surplus

  9  tangible personal property and federal surplus tangible

10  personal property allocated to the state by the Federal

11  Government.

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

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

14  purpose of pooling funds for the purchase of commodities,

15  information technology resources, or services that can be used

16  by multiple agencies.  However, the department may consult

17  with the State Technology Office on joint agreements that

18  involve the purchase of information technology resources.

19  Agencies entering into joint purchasing agreements with the

20  department division shall authorize the department division to

21  contract for such purchases on their behalf.

22         (b)  Each agency that has been appropriated or has

23  existing funds for such purchases, shall, upon contract award

24  by the department division, transfer their portion of the

25  funds into the department's division's Grants and Donations

26  Trust Fund for payment by the department division.  These

27  funds shall be transferred by the Executive Office of the

28  Governor pursuant to the agency budget amendment request

29  provisions in chapter 216.

30         (c)  Agencies that sign such joint agreements are

31  financially obligated for their portion of the agreed-upon

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  1  funds. If any agency becomes more than 90 days delinquent in

  2  paying such funds, the Department of Management Services shall

  3  certify to the Comptroller the amount due, and the Comptroller

  4  shall transfer the amount due to the Grants and Donations

  5  Trust Fund of the department division from any of the agency's

  6  available funds. The Comptroller shall report all such

  7  transfers and the reasons for such transfers to the Executive

  8  Office of the Governor and the legislative appropriations

  9  committees.

10         (17)  To evaluate contracts let by the Federal

11  Government, another state, or a political subdivision for the

12  provision of commodities and contract services, and, when it

13  is determined to be cost-effective and in the best interest of

14  the state, to enter into a written agreement authorizing a

15  state agency to make purchases under a contract approved by

16  the department division and let by the Federal Government,

17  another state, or a political subdivision.

18         Section 79.  Paragraph (a) of subsection (1),

19  paragraphs (a), (b), and (c) of subsection (2), and

20  subsections (3), (4), (5), (7), (8), (9), (10), and (11) of

21  section 287.045, Florida Statutes, are amended to read:

22         287.045  Procurement of products and materials with

23  recycled content.--

24         (1)(a)  The Department of Management Services Division

25  of Purchasing, in cooperation with the Department of

26  Environmental Protection, shall review and revise existing

27  procurement procedures and specifications for the purchase of

28  products and materials to eliminate any procedures and

29  specifications that explicitly discriminate against products

30  and materials with recycled content except where such

31

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  1  procedures and specifications are necessary to protect the

  2  public health, safety, and welfare.

  3         (2)(a)  The department division and each state agency

  4  shall review and revise its procurement procedures and

  5  specifications for the purchase of products and materials to

  6  ensure to the maximum extent feasible that each agency uses

  7  state contracts to purchase products or materials that may be

  8  recycled or reused when these products or materials are

  9  discarded.

10         (b)  The division shall establish procurement goals for

11  state agencies in procuring products with recycled content and

12  postconsumer content. In order to establish these goals, the

13  department shall contract for a technical study to determine

14  what minimum recycled content and postconsumer content levels

15  should be established, on a commodity-by-commodity basis, for

16  those commodities purchased by the state.  The study shall be

17  completed no later than October 1, 1994.  The established

18  levels should be consistent with orderly market development.

19         1.  At a minimum, the study must include plastic,

20  glass, paper, and steel and aluminum cans.

21         2.  The division shall propose minimum content levels

22  for products made from the commodities studied and procurement

23  goals no later than November 1, 1994.  The division shall use

24  accepted national standards when defining terms, especially

25  postconsumer recovered material.

26         (c)  Notwithstanding the division's rulemaking efforts,

27  recycled content printing and fine writing grades of paper

28  shall contain at least 10 percent "postconsumer recovered

29  materials." "Postconsumer recovered materials" means any

30  product generated by a business or a consumer which has served

31  its intended end use, and which has been separated from solid

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  1  waste for the purpose of collection, recycling, and

  2  disposition.  The purchase of such recycled content paper with

  3  postconsumer recovered materials shall be phased in over a

  4  4-year period as follows:

  5         1.  By January 1, 1995, not less than 30 percent of the

  6  paper purchased by the division and all state agencies shall

  7  be recycled content paper;

  8         2.  By January 1, 1996, not less than 40 percent of the

  9  paper purchased by the division and all state agencies shall

10  be recycled content paper;

11         3.  By January 1, 1997, not less than 50 percent of the

12  paper purchased by the division and all state agencies shall

13  be recycled content paper; and

14         4.  By January 1, 1998, not less than 65 percent of the

15  paper purchased by the division and all state agencies shall

16  be recycled content paper.

17         (3)  As part of the review and revision required in

18  subsection (2), the department division and each agency shall

19  review its procurement provisions and specifications for the

20  purchase of products and materials to determine which products

21  or materials with recycled content could be procured by the

22  department division or other agencies and the amount of

23  recycled content that can technologically be contained in such

24  products or materials. The department division and other

25  agencies must use the amounts of recycled content and

26  postconsumer recovered material determined by the department

27  division in issuing invitations to bid for contracts for the

28  purchase of such products or materials.

29         (4)  Upon completion of the review required in

30  subsection (3), the department division or an agency shall

31  require that a person who submits a bid for a contract for the

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  1  purchase of products or materials identified in subsection (3)

  2  and who wishes to be considered for the price preference

  3  described in subsection (5) certify in writing the percentage

  4  of recycled content in the product or material that is subject

  5  to the bid.  A person may certify that the product or material

  6  contains no recycled content.

  7         (5)  Upon evaluation of bids for every public contract

  8  that involves the purchase of products or materials identified

  9  in subsection (3), the department division or an agency shall

10  identify the lowest responsive bidder and other responsive

11  bidders who have certified that the products or materials

12  contain at least the minimum percentage of recycled content

13  and postconsumer recovered material that is set forth in the

14  invitation for the bids.  The department division or agency

15  may consider life-cycle costing when evaluating a bid on a

16  product that consists of recycled materials.  The department

17  division shall adopt rules that specify the criteria to be

18  used when considering life-cycle costing in evaluating bids.

19  The rules must take into consideration the specified warranty

20  periods for products and the comparative expected service life

21  relative to the cost of the products.  In awarding a contract

22  for the purchase of products or materials, the department

23  division or an agency may allow up to a 10-percent price

24  preference to a responsive bidder who has certified that the

25  products or materials contain at least the minimum percentage

26  of recycled content and postconsumer recovered material and up

27  to an additional 5-percent price preference to a responsible

28  bidder who has certified that the products or material are

29  made of materials recovered in this state.  The amount of the

30  price preference must be commensurate with the certified

31  amounts of recycled material and postconsumer recovered

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  1  material and materials recycled from products in this state,

  2  contained in the product or materials on a sliding scale as

  3  established by department division rule, which rule shall not

  4  become effective prior to November 1, 1994.  Reusable

  5  materials and products shall be used where economically and

  6  technically feasible.  If no bidders offer products or

  7  materials with measurable life-cycle costing factors or the

  8  minimum prescribed recycled and postconsumer content, the

  9  contract must be awarded to the lowest qualified responsive

10  bidder.

11         (7)  Any person may request the department division to

12  evaluate a product or material with recycled content if the

13  product or material is eligible for inclusion under state

14  contracts.  The department division shall review each

15  reasonable proposal to determine its merit and, if it finds

16  that the product or material may be used beneficially, it may

17  incorporate that product or material into its procurement

18  procedures.

19         (8)  The department division and each state agency

20  shall review and revise its procedures and specifications on a

21  continuing basis to encourage the use of products and

22  materials with recycled content and postconsumer recovered

23  material and shall, in developing new procedures and

24  specifications, encourage the use of products and materials

25  with recycled content and postconsumer recovered material.

26         (9)  After November 1, 1994, the department division

27  may discontinue contracting for products or materials the

28  recycled content of which does not meet the requirements of

29  subsection (3) if it determines that products or materials

30  meeting those requirements are available at a cost not to

31  exceed an additional 10 percent of comparable virgin products.

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  1         (10)  A state agency, or a person contracting with such

  2  agency with respect to work performed under contract, must

  3  procure products or materials with recycled content if the

  4  department division determines that those products or

  5  materials are available pursuant to subsection (5).

  6  Notwithstanding any other provision to the contrary, for the

  7  purpose of this section, the term "agency" means any of the

  8  various state officers, departments, boards, commissions,

  9  divisions, bureaus, and councils and any other unit of

10  organization, however designated, of the executive branch

11  including the Department of the Lottery, the legislative

12  branch, the judicial branch, and the State University System.

13  A decision not to procure such items must be based on the

14  department's division's determination that such procurement is

15  not reasonably available within an acceptable period of time

16  or fails to meet the performance standards set forth in the

17  applicable specifications or fails to meet the performance

18  standards of the agency.

19         (11)  Each state agency shall report annually to the

20  department division its total expenditures on, and use of,

21  products with recycled content and the percentage of its

22  budget that represents purchases of similar products made from

23  virgin materials.  The department division shall design a

24  uniform reporting mechanism and prepare annual summaries of

25  statewide purchases delineating those with recycled content to

26  be submitted to the Governor, the President of the Senate, and

27  the Speaker of the House of Representatives.

28         Section 80.  Subsection (7) of section 287.055, Florida

29  Statutes, is amended to read:

30         287.055  Acquisition of professional architectural,

31  engineering, landscape architectural, or surveying and mapping

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  1  services; definitions; procedures; contingent fees prohibited;

  2  penalties.--

  3         (7)  AUTHORITY OF DEPARTMENT OF MANAGEMENT

  4  SERVICES.--Notwithstanding any other provision of this

  5  section, the Department of Management Services, Division of

  6  Building Construction, shall be the agency of state government

  7  which is solely and exclusively authorized and empowered to

  8  administer and perform the functions described in subsections

  9  (3), (4), and (5) respecting all projects for which the funds

10  necessary to complete same are appropriated to the Department

11  of Management Services, irrespective of whether such projects

12  are intended for the use and benefit of the Department of

13  Management Services or any other agency of government.

14  However, nothing herein shall be construed to be in derogation

15  of any authority conferred on the Department of Management

16  Services by other express provisions of law. Additionally, any

17  agency of government may, with the approval of the Department

18  of Management Services, delegate to the Department of

19  Management Services authority to administer and perform the

20  functions described in subsections (3), (4), and (5). Under

21  the terms of the delegation, the agency may reserve its right

22  to accept or reject a proposed contract.

23         Section 81.  Section 287.056, Florida Statutes, is

24  amended to read:

25         287.056  Agency purchases from agreements and contracts

26  executed by the department division.--

27         (1)  Agencies shall purchase commodities and

28  contractual services from the purchasing agreements and

29  contracts negotiated and executed by the department division,

30  as authorized in s. 287.042(2).

31

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  1         (2)  Agencies may have the option to purchase

  2  commodities or contractual services from any written

  3  agreements or contracts negotiated and executed by the

  4  department division which contain a user surcharge pursuant to

  5  s. 287.1345 or such other agreements as determined by the

  6  department division.

  7         Section 82.  Paragraphs (a), (b), (c), and (e) of

  8  subsection (3) and subsections (4), (5), (14), and (18) of

  9  section 287.057, Florida Statutes, are amended to read:

10         287.057  Procurement of commodities or contractual

11  services.--

12         (3)  When the purchase price of commodities or

13  contractual services exceeds the threshold amount provided in

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

15  contractual services may be made without receiving competitive

16  sealed bids or competitive sealed proposals unless:

17         (a)  The agency head determines in writing that an

18  immediate danger to the public health, safety, or welfare or

19  other substantial loss to the state requires emergency action.

20  After the agency head makes such a written determination, the

21  agency may proceed with the procurement of commodities or

22  contractual services necessitated by the immediate danger,

23  without competition. However, such emergency procurement shall

24  be made with such competition as is practicable under the

25  circumstances. The agency shall furnish copies of the written

26  determination certified under oath and any other documents

27  relating to the emergency action to the department division.

28  A copy of the statement shall be furnished to the Comptroller

29  with the voucher authorizing payment.  The individual purchase

30  of personal clothing, shelter, or supplies which are needed on

31  an emergency basis to avoid institutionalization or placement

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  1  in a more restrictive setting is an emergency for the purposes

  2  of this paragraph, and the filing with the department division

  3  of such statement is not required in such circumstances.  In

  4  the case of the emergency purchase of insurance, the period of

  5  coverage of such insurance shall not exceed a period of 30

  6  days, and all such emergency purchases shall be reported to

  7  the department of Management Services.

  8         (b)  Purchasing agreements and contracts executed by

  9  the department division or by agencies under authority

10  delegated by the department division in writing are excepted

11  from bid requirements.

12         (c)  Commodities or contractual services available only

13  from a single source may be excepted from the bid requirements

14  if it is determined that such commodities or services are

15  available only from a single source and such determination is

16  documented. However, if such contract is for an amount greater

17  than the threshold amount provided in s. 287.017 for CATEGORY

18  FOUR, the agency head shall file a certification of conditions

19  and circumstances with the department division and shall

20  obtain the prior approval of the department division.  The

21  failure of the department division to approve or disapprove

22  the request of an agency for prior approval within 21 days

23  after receiving such request or within 14 days after receiving

24  from the agency additional materials requested by the

25  department division shall constitute prior approval of the

26  department division.  To the greatest extent practicable, but

27  no later than 45 days after authorizing the exception in

28  writing, the department division shall combine single-source

29  procurement authorizations for identical information

30  technology resources for which the purchase price exceeds the

31  threshold amount provided in s. 287.017 for CATEGORY FOUR, and

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  1  shall negotiate and execute volume purchasing agreements for

  2  such procurements on behalf of the agencies.

  3         (e)  Prescriptive assistive devices for the purpose of

  4  medical, developmental, or vocational rehabilitation of

  5  clients are excepted from competitive sealed bid and

  6  competitive sealed proposal requirements and shall be procured

  7  pursuant to an established fee schedule or by any other method

  8  which ensures the best price for the state, taking into

  9  consideration the needs of the client.  Prescriptive assistive

10  devices include, but are not limited to, prosthetics,

11  orthotics, and wheelchairs.  For purchases made pursuant to

12  this paragraph, state agencies shall annually file with the

13  department division a description of the purchases and methods

14  of procurement.

15         (4)  If less than two responsive bids or proposals for

16  commodity or contractual services purchases are received, the

17  department division or the agency may negotiate on the best

18  terms and conditions. The agency shall document the reasons

19  that such action is in the best interest of the state in lieu

20  of resoliciting competitive sealed bids or proposals.  The

21  agency shall report all such actions to the department

22  division on a quarterly basis, in a manner and form prescribed

23  by the department division.

24         (5)  Upon issuance of any invitation to bid or request

25  for proposals, an agency shall forward to the department

26  division one copy of each invitation to bid or request for

27  proposals for all commodity and contractual services purchases

28  in excess of the threshold amount provided in s. 287.017 for

29  CATEGORY TWO. An agency shall also, upon request, furnish a

30  copy of all competitive sealed bid or competitive sealed

31  proposal tabulations. The Minority Business Advocacy and

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  1  Assistance Office may also request from the agencies any

  2  information submitted to the department division pursuant to

  3  this subsection.

  4         (14)  Each agency shall designate at least one employee

  5  who shall serve as a contract administrator responsible for

  6  maintaining a contract file and financial information on all

  7  contractual services contracts and who shall serve as a

  8  liaison with the contract managers and the department

  9  division.

10         (18)  The department division may establish state

11  contractual service term contracts. Such contracts may be

12  utilized by any agency, county, municipality, or local public

13  agency.

14         Section 83.  Subsections (1) and (2) of section

15  287.058, Florida Statutes, are amended to read:

16         287.058  Contract document.--

17         (1)  Every procurement of contractual services in

18  excess of the threshold amount provided in s. 287.017 for

19  CATEGORY TWO, except for the providing of health and mental

20  health services or drugs in the examination, diagnosis, or

21  treatment of sick or injured state employees or the providing

22  of other benefits as required by the provisions of chapter

23  440, shall be evidenced by a written agreement embodying all

24  provisions and conditions of the procurement of such services,

25  which provisions and conditions shall, where applicable,

26  include, but shall not be limited to:

27         (a)  A provision that bills for fees or other

28  compensation for services or expenses be submitted in detail

29  sufficient for a proper preaudit and postaudit thereof.

30

31

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  1         (b)  A provision that bills for any travel expenses be

  2  submitted in accordance with s. 112.061.  A state agency may

  3  establish rates lower than the maximum provided in s. 112.061.

  4         (c)  A provision allowing unilateral cancellation by

  5  the agency for refusal by the contractor to allow public

  6  access to all documents, papers, letters, or other material

  7  subject to the provisions of chapter 119 and made or received

  8  by the contractor in conjunction with the contract.

  9         (d)  A provision dividing the contract into units of

10  deliverables, which shall include, but not be limited to,

11  reports, findings, and drafts, that must be received and

12  accepted in writing by the contract manager prior to payment.

13         (e)  A provision specifying the criteria and the final

14  date by which such criteria must be met for completion of the

15  contract.

16         (f)  A provision specifying that the contract may be

17  renewed on a yearly basis for a period of up to 2 years after

18  the initial contract or for a period no longer than the term

19  of the original contract, whichever period is longer,

20  specifying the terms under which the cost may change as

21  determined in the invitation to bid or request for proposals,

22  and specifying that renewals shall be contingent upon

23  satisfactory performance evaluations by the agency and subject

24  to the availability of funds.

25

26  In lieu of a written agreement, the department division may

27  authorize the use of a purchase order for classes of

28  contractual services, provided the provisions of paragraphs

29  (a)-(f) are included in the purchase order, invitation to bid,

30  or request for proposals.  The purchase order shall include an

31  adequate description of the services, the contract period, and

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  1  the method of payment. In lieu of printing the provisions of

  2  paragraphs (a)-(f) in the contract document or purchase order,

  3  agencies may incorporate the requirements of paragraphs

  4  (a)-(f) by reference.

  5         (2)  The written agreement shall be signed by the

  6  agency head and the contractor prior to the rendering of any

  7  contractual service the value of which is in excess of the

  8  threshold amount provided in s. 287.017 for CATEGORY TWO,

  9  except in the case of a valid emergency as certified by the

10  agency head. The certification of an emergency shall be

11  prepared within 30 days after the contractor begins rendering

12  the service and shall state the particular facts and

13  circumstances which precluded the execution of the written

14  agreement prior to the rendering of the service.  If the

15  agency fails to have the contract signed by the agency head

16  and the contractor prior to rendering the contractual service,

17  and if an emergency does not exist, the agency head shall, no

18  later than 30 days after the contractor begins rendering the

19  service, certify the specific conditions and circumstances to

20  the department division as well as describe actions taken to

21  prevent recurrence of such noncompliance. The agency head may

22  delegate the certification only to other senior management

23  agency personnel.  A copy of the certification shall be

24  furnished to the Comptroller with the voucher authorizing

25  payment. The department division shall report repeated

26  instances of noncompliance by an agency to the Auditor

27  General. Nothing in this subsection shall be deemed to

28  authorize additional compensation prohibited by s. 215.425.

29  The procurement of contractual services shall not be divided

30  so as to avoid the provisions of this section.

31

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  1         Section 84.  Subsections (3) and (4) of section

  2  287.073, Florida Statutes, are amended to read:

  3         287.073  Procurement of information technology

  4  resources.--

  5         (3)  When an agency determines that there are

  6  alternative means by which to meet the agency's requirements

  7  for information technology resources, that establishing

  8  precise specifications is not practicable, and that other

  9  evaluation criteria, in addition to price, will best meet the

10  agency's requirements, the agency may solicit sealed proposals

11  through a request for proposals, stating in writing the title,

12  date, and hour of the public opening. A request for proposals

13  may include, but is not limited to, general information,

14  applicable laws and rules, functional or general

15  specifications, a statement of work, proposal instructions,

16  and evaluation criteria. Evaluation criteria may include, but

17  are not limited to, cost factors, technological assessment,

18  service assessment, reliability assessment, software

19  compatibility, and benchmark performance.  To assure full

20  understanding of and responsiveness to the requirements set

21  forth in the request for proposals, the agency may conduct

22  discussions with qualified offerors.  The department division

23  shall assist in such discussions upon the request of an

24  agency.  Qualified offerors shall be accorded fair and equal

25  treatment with respect to any opportunity for discussion and

26  revision of proposals prior to the submittal date specified in

27  the request for proposals.  A contract shall be awarded to the

28  responsive offeror whose proposal is determined to be the most

29  advantageous to the state, taking into consideration price and

30  other evaluation criteria set forth in the request for

31  proposals.

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  1         (4)  If an agency determines that the information

  2  technology resources required to meet the agency's needs are

  3  available only from a single source of supply, the agency head

  4  shall file a single-source certification request with the

  5  department division, specifying the conditions and

  6  circumstances and requesting that the acquisition of

  7  information technology resources be exempt from the bid

  8  requirements provided under s. 287.057.

  9         Section 85.  Section 287.083, Florida Statutes, is

10  amended to read:

11         287.083  Purchase of commodities.--

12         (1)  It shall be the policy of the state for the

13  Department of Management Services Division of Purchasing to

14  consider the life-cycle cost of commodities purchased by the

15  state, when applicable and feasible as determined by the

16  department division.

17         (2)  Definitions.--For the purpose of this section:

18         (a)  "Major energy-consuming product" means any article

19  so designated by the department division.

20         (b)  "Energy-efficiency standard" means a performance

21  standard which prescribes the relationship of the energy use

22  of a product to its useful output of services.

23         (3)(a)  The department division is authorized to

24  establish by rule energy-efficiency standards for major

25  energy-consuming products.

26         (b)  When federal energy-efficiency standards exist,

27  the department division shall, when feasible, adopt standards

28  at least as stringent as the federal standards.

29         (4)  When energy-efficiency standards are established,

30  life-cycle costs shall be used by the department division in

31  contracting for major energy-consuming products.

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  1         (5)  In determining the life-cycle cost, the department

  2  division may consider the acquisition cost of the product; the

  3  energy consumption and the projected cost of energy over the

  4  useful life of the product; and the anticipated trade-in,

  5  resale, or salvage value of the product.

  6         Section 86.  Paragraph (n) of subsection (4) of section

  7  287.09451, Florida Statutes, is amended to read:

  8         287.09451  Minority Business Advocacy and Assistance

  9  Office; powers, duties, and functions.--

10         (4)  The Minority Business Advocacy and Assistance

11  Office shall have the following powers, duties, and functions:

12         (n)1.  To develop procedures to be used by an agency in

13  identifying commodities, contractual services, architectural

14  and engineering services, and construction contracts, except

15  those architectural, engineering, construction, or other

16  related services or contracts subject to the provisions of

17  chapter 339, that could be provided by minority business

18  enterprises. Each agency is encouraged to spend 21 percent of

19  the moneys actually expended for construction contracts, 25

20  percent of the moneys actually expended for architectural and

21  engineering contracts, 24 percent of the moneys actually

22  expended for commodities, and 50.5 percent of the moneys

23  actually expended for contractual services during the previous

24  fiscal year, except for the state university construction

25  program which shall be based upon public education capital

26  outlay projections for the subsequent fiscal year, and

27  reported to the Legislature pursuant to s. 216.023, for the

28  purpose of entering into contracts with certified minority

29  business enterprises as defined in s. 288.703(2), or approved

30  joint ventures. However, in the event of budget reductions

31  pursuant to s. 216.221, the base amounts may be adjusted to

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  1  reflect such reductions. The overall spending goal for each

  2  industry category shall be subdivided as follows:

  3         a.  For construction contracts: 4 percent for black

  4  Americans, 6 percent for Hispanic-Americans, and 11 percent

  5  for American women.

  6         b.  For architectural and engineering contracts: 9

  7  percent for Hispanic-Americans, 1 percent for Asian-Americans,

  8  and 15 percent for American women.

  9         c.  For commodities: 2 percent for black Americans, 4

10  percent for Hispanic-Americans, 0.5 percent for

11  Asian-Americans, 0.5 percent for Native Americans, and 17

12  percent for American women.

13         d.  For contractual services: 6 percent for black

14  Americans, 7 percent for Hispanic-Americans, 1 percent for

15  Asian-Americans, 0.5 percent for Native Americans, and 36

16  percent for American women.

17         2.  For the purposes of commodities contracts for the

18  purchase of equipment to be used in the construction and

19  maintenance of state transportation facilities involving the

20  Department of Transportation, "minority business enterprise"

21  has the same meaning as provided in s. 288.703. "Minority

22  person" has the same meaning as in s. 288.703(3). In order to

23  ensure that the goals established under this paragraph for

24  contracting with certified minority business enterprises are

25  met, the department division, with the assistance of the

26  Minority Business Advocacy and Assistance Office, shall make

27  recommendations to the Legislature on revisions to the goals,

28  based on an updated statistical analysis, at least once every

29  5 years. Such recommendations shall be based on statistical

30  data indicating the availability of and disparity in the use

31  of minority businesses contracting with the state. The results

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  1  of the first updated disparity study must be presented to the

  2  Legislature no later than December 1, 1996.

  3         3.  In determining the base amounts for assessing

  4  compliance with this paragraph, the Minority Business Advocacy

  5  and Assistance Office may develop, by rule, guidelines for all

  6  agencies to use in establishing such base amounts. These rules

  7  must include, but are not limited to, guidelines for

  8  calculation of base amounts, a deadline for the agencies to

  9  submit base amounts, a deadline for approval of the base

10  amounts by the Minority Business Advocacy and Assistance

11  Office, and procedures for adjusting the base amounts as a

12  result of budget reductions made pursuant to s. 216.221.

13         4.  To determine guidelines for the use of price

14  preferences, weighted preference formulas, or other

15  preferences, as appropriate to the particular industry or

16  trade, to increase the participation of minority businesses in

17  state contracting. These guidelines shall include

18  consideration of:

19         a.  Size and complexity of the project.

20         b.  The concentration of transactions with minority

21  business enterprises for the commodity or contractual services

22  in question in prior agency contracting.

23         c.  The specificity and definition of work allocated to

24  participating minority business enterprises.

25         d.  The capacity of participating minority business

26  enterprises to complete the tasks identified in the project.

27         e.  The available pool of minority business enterprises

28  as prime contractors, either alone or as partners in an

29  approved joint venture that serves as the prime contractor.

30         5.  To determine guidelines for use of joint ventures

31  to meet minority business enterprises spending goals. For

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  1  purposes of this section, "joint venture" means any

  2  association of two or more business concerns to carry out a

  3  single business enterprise for profit, for which purpose they

  4  combine their property, capital, efforts, skills, and

  5  knowledge. The guidelines shall allow transactions with joint

  6  ventures to be eligible for credit against the minority

  7  business enterprise goals of an agency when the contracting

  8  joint venture demonstrates that at least one partner to the

  9  joint venture is a certified minority business enterprise as

10  defined in s. 288.703, and that such partner is responsible

11  for a clearly defined portion of the work to be performed, and

12  shares in the ownership, control, management,

13  responsibilities, risks, and profits of the joint venture.

14  Such demonstration shall be by verifiable documents and sworn

15  statements and may be reviewed by the Minority Business

16  Advocacy and Assistance Office at or before the time a

17  contract bid is submitted. An agency may count toward its

18  minority business enterprise goals a portion of the total

19  dollar amount of a contract equal to the percentage of the

20  ownership and control held by the qualifying certified

21  minority business partners in the contracting joint venture,

22  so long as the joint venture meets the guidelines adopted by

23  the office.

24         Section 87.  Section 287.131, Florida Statutes, is

25  amended to read:

26         287.131  Assistance of Department of Insurance.--The

27  Department of Insurance shall provide the Department of

28  Management Services division with technical assistance in all

29  matters pertaining to the purchase of insurance for all

30  agencies, and shall make surveys of the insurance needs of the

31

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  1  state and all departments thereof, including the benefits, if

  2  any, of self-insurance.

  3         Section 88.  Section 287.15, Florida Statutes, is

  4  amended to read:

  5         287.15  Purchase or lease of motor vehicles,

  6  watercraft, or aircraft; prior approval of Division of Motor

  7  Pool of the Department of Management Services.--No state

  8  agency shall purchase, lease, or acquire any motor vehicle,

  9  watercraft, or aircraft of any type unless prior approval is

10  first obtained from the Division of Motor Pool of the

11  Department of Management Services. However, nothing herein

12  shall prohibit the lease for casual use of motor vehicles, or

13  remove the requirement that all purchases be in compliance

14  with the rules and regulations of the Department of Management

15  Services Division of Purchasing.

16         Section 89.  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 for

  2  law enforcement or fire control purposes, to the Department of

  3  Management Services, including all right, title, interest, and

  4  equity therein.

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

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

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

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

  9  state agency.

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

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

12  any reasonable criteria.

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

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

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

16  motor vehicles and to require the placement of appropriate

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

18  motor vehicles of the state.  The department division may

19  delegate to the respective heads of the agencies to which

20  aircraft and motor vehicles are assigned the duty of enforcing

21  the rules and regulations adopted by the department division.

22         (7)  To contract for specialized maintenance services.

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

24  make reports regarding aircraft and motor vehicles to the

25  department division as may be required. The Department of

26  Highway Safety and Motor Vehicles may use the reporting system

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

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

29  Vehicles shall use a reporting system approved by the

30  department division. The division shall assist the Department

31  of Highway Safety and Motor Vehicles in developing or

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  1  implementing a reporting system prior to July 1, 1984, which

  2  shall specifically address the needs and requirements of the

  3  division and the Department of Highway Safety and Motor

  4  Vehicles.

  5         (9)  To establish and operate central facilities to

  6  determine the mode of transportation to be used by state

  7  employees traveling on official state business and to schedule

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

  9  passenger-carrying vehicles to assure maximum utilization of

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

11  that employees travel by the most practical and economical

12  mode of travel. The department division shall consider the

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

14  most efficient and economical means of travel considering the

15  time of the employee, transportation cost and subsistence

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

17  of the trip.

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

19  end of each calendar year concerning the utilization of all

20  aircraft in the executive pool and special purpose aircraft.

21         Section 90.  Subsections (1) and (2) of section

22  287.161, Florida Statutes, are amended to read:

23         287.161  Executive aircraft pool; assignment of

24  aircraft; charge for transportation.--

25         (1)  There is created within the Department of

26  Management Services Bureau of Aircraft an executive aircraft

27  pool consisting of state-owned aircraft for the purpose of

28  furnishing executive air travel.  Such aircraft shall not be a

29  model in excess of a two-engine jet.  Aircraft included in the

30  executive aircraft pool may not be specifically assigned to

31  any department or agency on any basis.

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  1         (2)  The Department of Management Services Bureau of

  2  Aircraft shall charge all persons receiving transportation

  3  from the executive aircraft pool a rate not less than the

  4  mileage allowance fixed by the Legislature for the use of

  5  privately owned vehicles. However, state employees traveling

  6  on a space-available basis may not be charged more than the

  7  vehicle mileage allowance.

  8         Section 91.  Section 287.19, Florida Statutes, is

  9  amended to read:

10         287.19  Transfer of funds.--All moneys designated for

11  or appropriated to any agency for the use, operation,

12  maintenance, repair, or replacement of any state-owned or

13  leased motor vehicles or aircraft shall be transferred to the

14  Department of Management Services Division of Motor Pool as

15  required by the department division.

16         Section 92.  Paragraph (d) of subsection (5) and

17  subsection (8) of section 288.15, Florida Statutes, are

18  amended to read:

19         288.15  Powers of Division of Bond Finance.--There is

20  hereby granted to and vested in the Division of Bond Finance

21  of the State Board of Administration the power, right,

22  franchise, and authority:

23         (5)  In order to carry out the objectives and purposes

24  of this chapter, the division is authorized to acquire, own,

25  construct, operate, maintain, improve, and extend public

26  buildings, facilities, or works within the state which are of

27  the character hereinafter specifically mentioned.  All public

28  buildings, facilities, and works which the division is

29  authorized to own, construct, operate, and maintain must be

30  such as can ultimately be owned and operated by an agency,

31  department, board, bureau, or commission of the state.  All or

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  1  any such buildings, facilities, or works may be of a

  2  revenue-producing character in order that the cost of the same

  3  or some part of improvements or extensions thereto may be paid

  4  from receipts therefrom, including in Tallahassee only

  5  rentals, leases, and sales to both public and nonpublic

  6  agencies through the issue and sales or disposition of revenue

  7  bonds, notes, or certificates of the division.  The buildings,

  8  facilities, and works which the division is hereby authorized

  9  to acquire, construct, operate, maintain, improve, and extend

10  are:

11         (d)  Public buildings, facilities, and additions or

12  improvements to existing buildings and facilities for ultimate

13  use in connection with any of the several state institutions,

14  departments, bureaus, boards, or commissions; and, in

15  furtherance of this paragraph, the Division of Building

16  Construction of the Department of Management Services, the

17  Division of Facilities Management of the Department of

18  Management Services, and the State Board of Education are

19  authorized to cooperate with the Division of Bond Finance and

20  to do and perform all acts and things necessary thereto.  Any

21  property acquired by the Division of Bond Finance under the

22  provisions of this chapter may ultimately be conveyed to the

23  state free and clear of all debt or other encumbrance.

24         (8)  The division is hereby authorized and directed to

25  proceed with the acquisition of land and buildings thereon now

26  needed or to be needed for use in whole or in part by any

27  agency, board, bureau, or commission of the state, such

28  acquisition to be within the area defined by the Division of

29  Facilities Management of the Department of Management Services

30  for the long-range development of the proposed Capitol Center;

31  and

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  1         (a)  To construct, acquire, own, and operate buildings

  2  and facilities thereon, such buildings and facilities to be

  3  financed by the revenue they yield, through the issuance of

  4  revenue certificates;

  5         (b)  To have specific authority in financing the

  6  acquisition, construction, and operation of such buildings and

  7  facilities, to utilize rentals to both public and nonpublic

  8  agencies as well as any regularly appropriated state or other

  9  public funds; however, no revenue from lands, buildings, or

10  facilities now owned by the state may be pledged to finance

11  the acquisition of land, buildings, or facilities pursuant to

12  the provisions of this law, except revenue from land,

13  buildings, or facilities purchased or acquired pursuant to the

14  provisions of this law.

15         Section 93.  Subsections (1) and (3) of section 288.18,

16  Florida Statutes, are amended to read:

17         288.18  Planning, promoting, and supervising state

18  building projects.--

19         (1)  The Division of Facilities Management of the

20  Department of Management Services shall be responsible for

21  promoting any state building project financed as provided by

22  law in any community where a state building is needed.

23         (3)  Any state agency required to occupy space by the

24  Division of Facilities Management of the Department of

25  Management Services may contract for such space and pledge

26  such rentals as are provided and appropriated by the

27  Legislature for the purpose of financing the retirement of

28  revenue certificates for the lifetime of any issue.

29         Section 94.  Subsection (10) of section 318.21, Florida

30  Statutes, is amended to read:

31

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  1         318.21  Disposition of civil penalties by county

  2  courts.--All civil penalties received by a county court

  3  pursuant to the provisions of this chapter shall be

  4  distributed and paid monthly as follows:

  5         (10)  Twelve dollars and fifty cents from each moving

  6  traffic violation must be used by the county to fund that

  7  county's participation in an intergovernmental radio

  8  communication program approved by the Division of

  9  Communications of the Department of Management Services. If

10  the county is not participating in such a program, funds

11  collected must be used to fund local law enforcement

12  automation and must be distributed to the municipality or

13  special improvement district in which the violation occurred

14  or to the county if the violation occurred within the

15  unincorporated area of the county.

16         Section 95.  Subsection (5) of section 334.0445,

17  Florida Statutes, is amended to read:

18         334.0445  Model career service classification and

19  compensation plan.--

20         (5)  This section shall not be construed to remove

21  employees of the Department of Transportation from the Career

22  Service System or abrogate the terms and conditions of the

23  collective bargaining agreements currently in effect and

24  applicable to such employees. The Office of Labor Relations of

25  the Department of Management Services shall continue to

26  represent the state for purposes of negotiating terms related

27  to this act and shall be authorized, pursuant to the

28  provisions of this section, to provide benefits in addition to

29  those offered to career service employees under the terms of

30  the collective bargaining agreement.

31

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  1         Section 96.  Subsection (2) of section 364.515, Florida

  2  Statutes, is amended to read:

  3         364.515  Infrastructure investment.--

  4         (2)  In order to be eligible under this act, an

  5  eligible facility, or a group of eligible facilities based on

  6  geographic proximity, shall submit a technology-needs request

  7  to the Division of Communications of the Department of

  8  Management Services.  The department division shall review the

  9  technology-needs request to determine if it conforms to the

10  standards outlined in the State Education Technology

11  Committee's plan.  If the technology-needs request does not

12  conform to the plan, then the department division shall return

13  the request to the eligible facility or group for

14  modifications.  After modification of a technology-needs

15  request it can then be resubmitted by the eligible facility or

16  a group of eligible facilities.  A technology-needs request

17  shall be submitted to the department division no later than

18  July 1, 1997.  Nothing in this section shall prevent the

19  Department of Management Services from grouping eligible

20  facilities technology requests when such grouping would result

21  in the most efficient method to deliver advanced

22  telecommunications services.

23         Section 97.  Paragraph (b) of subsection (3) is

24  repealed and subsections (4), (7), (9), and (10) and paragraph

25  (a) of subsection (13) of section 365.171, Florida Statutes,

26  are amended to read:

27         365.171  Emergency telephone number "911."--

28         (4)  STATE PLAN.--The department division shall develop

29  a statewide emergency telephone number "911" system plan.  The

30  plan shall provide for:

31

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  1         (a)  The establishment of the public agency emergency

  2  telephone communications requirements for each entity of local

  3  government in the state.

  4         (b)  A system to meet specific local government

  5  requirements.  Such system shall include law enforcement,

  6  firefighting, and emergency medical services and may include

  7  other emergency services such as poison control, suicide

  8  prevention, and emergency management services.

  9         (c)  Identification of the mutual aid agreements

10  necessary to obtain an effective "911" system.

11         (d)  A funding provision which shall identify the cost

12  necessary to implement the "911" system.

13         (e)  A firm implementation schedule which shall include

14  the installation of the "911" system in a local community

15  within 24 months after the designated agency of the local

16  government gives a firm order to the telephone utility for a

17  "911" system.

18

19  The department division shall be responsible for the

20  implementation and coordination of such plan.  The department

21  division shall adopt any necessary rules and schedules related

22  to public agencies for implementing and coordinating such

23  plan, pursuant to chapter 120.  The public agency designated

24  in the plan shall order such system within 6 months after

25  publication date of the plan if the public agency is in

26  receipt of funds appropriated by the Legislature for the

27  implementation and maintenance of the "911" system. Any

28  jurisdiction which has utilized local funding as of July 1,

29  1976, to begin the implementation of the state plan as set

30  forth in this section shall be eligible for at least a partial

31

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  1  reimbursement of its direct cost when, and if, state funds are

  2  available for such reimbursement.

  3         (7)  TELEPHONE INDUSTRY COORDINATION.--The department

  4  division shall coordinate with the Florida Public Service

  5  Commission which shall encourage the Florida telephone

  6  industry to activate facility modification plans for a timely

  7  "911" implementation.

  8         (9)  SYSTEM APPROVAL.--No emergency telephone number

  9  "911" system shall be established and no present system shall

10  be expanded without prior approval of the department Division

11  of Communications.

12         (10)  COMPLIANCE.--All public agencies shall assist the

13  department division in their efforts to carry out the intent

14  of this section, and such agencies shall comply with the

15  developed plan.

16         (13)  "911" FEE.--

17         (a)  Following approval by referendum as set forth in

18  paragraph (b), or following approval by a majority vote of its

19  board of county commissioners, a county may impose a "911" fee

20  to be paid by the local exchange subscribers within its

21  boundaries served by the "911" service.  Proceeds from the

22  "911" fee shall be used only for "911" expenditures as set

23  forth in subparagraph 6.  The manner of imposing and

24  collecting said payment shall be as follows:

25         1.  At the request of the county subscribing to "911"

26  service, the telephone company shall, insofar as is

27  practicable, bill the "911" fee to the local exchange

28  subscribers served by the "911" service, on an individual

29  access line basis, at a rate not to exceed 50 cents per month

30  per line (up to a maximum of 25 access lines per account bill

31  rendered).  However, the fee may not be assessed on any pay

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  1  telephone in this state.  A county collecting the fee for the

  2  first time may collect the fee for no longer than 36 months

  3  without initiating the acquisition of its "911" equipment.

  4         2.  Fees collected by the telephone company pursuant to

  5  subparagraph 1. shall be returned to the county, less the

  6  costs of administration retained pursuant to paragraph (c).

  7  The county shall provide a minimum of 90 days' written notice

  8  to the telephone company prior to the collection of any "911"

  9  fees.

10         3.  Any county that currently has an operational "911"

11  system or that is actively pursuing the implementation of a

12  "911" system shall establish a fund to be used exclusively for

13  receipt and expenditure of "911" fee revenues collected

14  pursuant to this section.  All fees placed in said fund, and

15  any interest accrued thereupon, shall be used solely for "911"

16  costs described in subparagraph 6.  The money collected and

17  interest earned in this fund shall be appropriated for "911"

18  purposes by the county commissioners and incorporated into the

19  annual county budget.  The county shall annually have a

20  financial audit performed on this fund, in accordance with s.

21  11.45.  A report of the audit shall be forwarded to the

22  department Division of Communications within 60 days of its

23  completion.  A county may carry forward on an annual basis

24  unspent moneys in the fund for expenditures allowed by this

25  section, or it may reduce its fee. However, in no event shall

26  a county carry forward more than 10 percent of the "911" fee

27  billed for the prior year. The amount of moneys carried

28  forward each year may be accumulated in order to allow for

29  capital improvements described in this subsection.  The

30  carryover shall be documented by resolution of the board of

31  county commissioners expressing the purpose of the carryover

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  1  or by an adopted capital improvement program identifying

  2  projected expansion or replacement expenditures for "911"

  3  equipment and service features, or both.  In no event shall

  4  the "911" fee carryover surplus moneys be used for any purpose

  5  other than for the "911" equipment, service features, and

  6  installation charges authorized in subparagraph 6.  Nothing in

  7  this section shall prohibit a county from using other sources

  8  of revenue for improvements, replacements, or expansions of

  9  its "911" system.  A county may increase its fee for purposes

10  authorized in this section.  However, in no case shall the fee

11  exceed 50 cents per month per line.  All current "911" fees

12  shall be reported to the department Division of Communications

13  within 30 days of the start of each county's fiscal period.

14  Any fee adjustment made by a county shall be reported to the

15  department Division of Communications.  A county shall give

16  the telephone company a 90-day written notice of such fee

17  adjustment.

18         4.  The telephone company shall have no obligation to

19  take any legal action to enforce collection of the "911" fee.

20  The telephone company shall provide quarterly to the county a

21  list of the names, addresses, and telephone numbers of any and

22  all subscribers who have identified to the telephone company

23  their refusal to pay the "911" fee.

24         5.  The county subscribing to "911" service shall

25  remain liable to the telephone company for any "911" service,

26  equipment, operation, or maintenance charge owed by the county

27  to the telephone company.

28

29  As used in this paragraph, "telephone company" means an

30  exchange telephone service provider of "911" service or

31  equipment to any county within its certificated area.

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  1         6.  It is the intent of the Legislature that the "911"

  2  fee authorized by this section to be imposed by counties will

  3  not necessarily provide the total funding required for

  4  establishing or providing the "911" service.  For purposes of

  5  this section, "911" service includes the functions of database

  6  management, call taking, location verification, and call

  7  transfer.  The following costs directly attributable to the

  8  establishment and/or provision of "911" service are eligible

  9  for expenditure of moneys derived from imposition of the "911"

10  fee authorized by this section:  the acquisition,

11  implementation, and maintenance of Public Safety Answering

12  Point (PSAP) equipment and "911" service features, as defined

13  in the Florida Public Service Commission's lawfully approved

14  "911" and related tariffs and/or the acquisition,

15  installation, and maintenance of other "911" equipment,

16  including call answering equipment, call transfer equipment,

17  ANI controllers, ALI controllers, ANI displays, ALI displays,

18  station instruments, "911" telecommunications systems,

19  teleprinters, logging recorders, instant playback recorders,

20  telephone devices for the deaf (TDD) used in the "911" system,

21  PSAP backup power systems, consoles, automatic call

22  distributors, and interfaces (hardware and software) for

23  computer-aided dispatch (CAD) systems; salary and associated

24  expenses for "911" call takers for that portion of their time

25  spent taking and transferring "911" calls; salary and

26  associated expenses for a county to employ a full-time

27  equivalent "911" coordinator position and a full-time

28  equivalent staff assistant position per county for the portion

29  of their time spent administrating the "911" system; training

30  costs for PSAP call takers in the proper methods and

31  techniques used in taking and transferring "911" calls; and

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  1  expenses required to develop and maintain all information (ALI

  2  and ANI databases and other information source repositories)

  3  necessary to properly inform call takers as to location

  4  address, type of emergency, and other information directly

  5  relevant to the "911" call-taking and transferring function.

  6  The "911" fee revenues shall not be used to pay for any item

  7  not listed, including, but not limited to, any capital or

  8  operational costs for emergency responses which occur after

  9  the call transfer to the responding public safety entity and

10  the costs for constructing buildings, leasing buildings,

11  maintaining buildings, or renovating buildings, except for

12  those building modifications necessary to maintain the

13  security and environmental integrity of the PSAP and "911"

14  equipment rooms.

15         7.  It is the goal of the Legislature that enhanced

16  "911" service be available throughout the state.  Expenditure

17  by counties of the "911" fees authorized by this section

18  should support this goal to the greatest extent feasible

19  within the context of local service needs and fiscal

20  capability.  Nothing in this section shall be construed to

21  prohibit two or more counties from establishing a combined

22  emergency "911" telephone service by interlocal agreement and

23  utilizing the "911" fees authorized by this section for such

24  combined "911" service.

25         Section 98.  Section 376.10, Florida Statutes, is

26  amended to read:

27         376.10  Personnel and equipment.--The department shall

28  establish and maintain at such ports within the state and

29  other places as it shall determine such employees and

30  equipment as in its judgment may be necessary to carry out the

31  provisions of ss. 376.011-376.21. The department may employ

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  1  and prescribe the duties of such employees, subject to the

  2  rules and regulations of the Division of Personnel Management

  3  Services of the Department of Management Services. The

  4  salaries of the employees and the cost of the equipment shall

  5  be paid from the Florida Coastal Protection Trust Fund

  6  established by ss. 376.011-376.21. The department shall

  7  periodically consult with other departments of the state

  8  relative to procedures for the prevention of discharges of

  9  pollutants into or affecting the coastal waters of the state

10  from operations regulated by ss. 376.011-376.21.

11         Section 99.  Section 395.1031, Florida Statutes, is

12  amended to read:

13         395.1031  Emergency medical services;

14  communication.--Each licensed hospital with an emergency

15  department must be capable of communicating by two-way radio

16  with all ground-based basic life support service vehicles and

17  advanced life support service vehicles that operate within the

18  hospital's service area under a state permit and with all

19  rotocraft air ambulances that operate under a state permit.

20  The hospital's radio system must be capable of interfacing

21  with municipal mutual aid channels designated by the Division

22  of Communications of the Department of Management Services and

23  the Federal Communications Commission.

24         Section 100.  Section 401.013, Florida Statutes, is

25  amended to read:

26         401.013  Legislative intent.--It is the intention and

27  purpose of the Legislature that a statewide system of regional

28  emergency medical telecommunications be developed whereby

29  maximum use of existing radio channels is achieved in order to

30  more effectively and rapidly provide emergency medical service

31  to the general population.  To this end, all emergency medical

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  1  service entities within the state are directed to provide the

  2  Division of Communications of the Department of Management

  3  Services with any information the department division requests

  4  for the purpose of implementing the provisions of s. 401.015,

  5  and such entities shall comply with the resultant provisions

  6  established pursuant to this part.

  7         Section 101.  Section 401.015, Florida Statutes, is

  8  amended to read:

  9         401.015  Statewide regional emergency medical

10  telecommunication system.--The Division of Communications of

11  the Department of Management Services is authorized and

12  directed to develop a statewide system of regional emergency

13  medical telecommunications. For the purpose of this part, the

14  term "telecommunications" means those voice, data, and

15  signaling transmissions and receptions between emergency

16  medical service components, including, but not limited to:

17  ambulances; rescue vehicles; hospitals or other related

18  emergency receiving facilities; emergency communications

19  centers; physicians and emergency medical personnel; paging

20  facilities; law enforcement and fire protection agencies; and

21  poison control, suicide, and emergency management agencies.

22  In formulating such a system, the department division shall

23  divide the state into appropriate regions and shall develop a

24  program which includes, but is not limited to, the following

25  provisions:

26         (1)  A requirements provision, which shall state the

27  telecommunications requirements for each emergency medical

28  entity comprising the region.

29         (2)  An interfacility communications provision, which

30  shall depict the telecommunications interfaces between the

31

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  1  various medical service entities which operate within the

  2  region and state.

  3         (3)  An organizational layout provision, which shall

  4  include each emergency medical entity and the number of radio

  5  operating units (base, mobile, handheld, etc.) per entity.

  6         (4)  A frequency allocation and use provision, which

  7  shall include on an entity basis each assigned and planned

  8  radio channel and the type of operation (simplex, duplex, half

  9  duplex, etc.) on each channel.

10         (5)  An operational provision, which shall include

11  dispatching, logging, and operating procedures pertaining to

12  telecommunications on an entity basis and regional basis.

13         (6)  An emergency medical service telephone provision,

14  which shall include the telephone and the numbering plan

15  throughout the region for both the public and interface

16  requirements.

17         Section 102.  Section 401.018, Florida Statutes, is

18  amended to read:

19         401.018  System coordination.--

20         (1)  The statewide system of regional emergency medical

21  telecommunications shall be developed by the Department of

22  Management Services Division of Communications, which

23  department division shall be responsible for the

24  implementation and coordination of such system into the state

25  telecommunications plan.  The department division shall adopt

26  any necessary rules and regulations for implementing and

27  coordinating such a system.

28         (2)  The Department of Management Services Division of

29  Communications shall be designated as the state frequency

30  coordinator for the special emergency radio service.

31

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  1         Section 103.  Section 401.024, Florida Statutes, is

  2  amended to read:

  3         401.024  System approval.--From July 1, 1973, no

  4  emergency medical telecommunications system shall be

  5  established or present systems expanded without prior approval

  6  of the Department of Management Services Division of

  7  Communications.

  8         Section 104.  Subsection (1) of section 403.7065,

  9  Florida Statutes, is amended to read:

10         403.7065  Procurement of products or materials with

11  recycled content.--

12         (1)  Except as provided in s. 287.045, any state agency

13  or agency of a political subdivision of the state which is

14  using state funds, or any person contracting with any such

15  agency with respect to work performed under contract, is

16  required to procure products or materials with recycled

17  content when the Division of Purchasing of the Department of

18  Management Services determines that those products or

19  materials are available.  A decision not to procure such items

20  must be based on the Department of Management Services'

21  Division of Purchasing's determination that such procurement

22  is not reasonably available within an acceptable period of

23  time, fails to meet the performance standards set forth in the

24  applicable specifications, or fails to meet the performance

25  standards of the agency. When the requirements of s. 287.045

26  are met, agencies shall be subject to the procurement

27  requirements of that section for procuring products or

28  materials with recycled content.

29         Section 105.  Subsection (2) of section 946.515,

30  Florida Statutes, is amended to read:

31

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  1         946.515  Use of goods and services produced in

  2  correctional work programs.--

  3         (2)  No similar product or service of comparable price

  4  and quality found necessary for use by any state agency may be

  5  purchased from any source other than the corporation if the

  6  corporation certifies that the product is manufactured by, or

  7  the service is provided by, inmates and the product or service

  8  meets the comparable performance specifications and comparable

  9  price and quality requirements as specified under s.

10  287.042(1)(f) or as determined by an individual agency as

11  provided in this section. The purchasing authority of any such

12  state agency may make reasonable determinations of need,

13  price, and quality with reference to products or services

14  available from the corporation. In the event of a dispute

15  between the corporation and any purchasing authority based

16  upon price or quality under this section or s. 287.042(1)(f),

17  either party may request a hearing with the Department of

18  Management Services Division of Purchasing and if not

19  resolved, either party may request a proceeding pursuant to

20  ss. 120.569 and 120.57, which shall be referred to the

21  Division of Administrative Hearings within 60 days after such

22  request, to resolve any dispute under this section.  No party

23  is entitled to any appeal pursuant to s. 120.68.

24

25         Reviser's note.--Amended pursuant to the

26         directive in s. 4, ch. 97-296, Laws of Florida,

27         to substitute a reference to the Department of

28         Management Services for all references in the

29         Florida Statutes to any division, bureau, or

30         other unit of the Department of Management

31         Services, except for references to the Division

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  1         of Administrative Hearings, the Division of

  2         Retirement, or commissions.

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