Senate Bill 1100

    Florida Senate - 2000                                  SB 1100

    By Senator Sebesta





    20-822-00

  1                      A bill to be entitled

  2         An act relating to the State Comptroller;

  3         amending s. 215.42, F.S.; granting additional

  4         authority to the Comptroller to review

  5         contracts and purchase orders for public

  6         purchases by all state agencies; providing for

  7         a public contracting certification program;

  8         providing an appropriation; providing an

  9         effective date.

10

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

12

13         Section 1.  Section 215.42, Florida Statutes, is

14  amended to read:

15         215.42  Purchases from appropriations, proof of

16  delivery; prior review of contracts and purchase orders.--

17         (1)  The State Comptroller may require proof, as he or

18  she deems necessary, of delivery and receipt of purchases

19  before honoring any voucher for payment from appropriations

20  made in the General Appropriations Act or otherwise provided

21  by law.

22         (2)  The Comptroller may require agencies to include

23  terms and conditions in procurement contracts and purchase

24  orders to ensure proper delivery and receipt of deliverables.

25         (3)  The Comptroller by memorandum of agreement with

26  agencies may designate certain procurement contracts and

27  purchase orders that require his or her review. The

28  Comptroller may review contracts to determine whether money is

29  available in the Treasury, whether a proper appropriation is

30  in place, and whether the proposed expenditure is allowed by

31  law. The Comptroller may also review the contract for proper

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1100
    20-822-00




  1  form and compliance with legal requirements and may review its

  2  specific terms governing delivery, receipt, and payment. The

  3  review must be accomplished before signing or issuance by the

  4  procuring agency. The Comptroller shall complete his or her

  5  review of each contract or purchase order within 10 working

  6  days after receipt from the agency.

  7         (4)  The Comptroller is authorized to comment on the

  8  terms of any contract reviewed under this section but may not

  9  disapprove any contract based on any agency's exercise of

10  discretion vested in it by law. The Comptroller shall inform

11  the Governor, the Cabinet, the President of the Senate, and

12  the Speaker of the House of Representatives, of any contracts

13  to which the Comptroller formally objects.

14         (5)  The Comptroller, in conjunction with the Secretary

15  of Management Services, shall establish a public contracting

16  certification program for the state, counties, and

17  municipalities. Training for certification may be provided by

18  the state community college system.

19         Section 2.  The sum of $500,000 is appropriated from

20  the General Revenue Fund to the Department of Banking and

21  Finance for the purpose of paying salaries and other

22  administrative expenses necessary to carry out its

23  responsibilities under this act during the 2000-2001 fiscal

24  year.

25         Section 3.  This act shall take effect upon becoming a

26  law.

27

28            *****************************************

29                          SENATE SUMMARY

30    Grants the Comptroller additional authority to oversee
      contracts and purchase orders of state agencies. Provides
31    for a public contract certification program. Provides an
      appropriation.
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