| 1 | Representative Benson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsections (2), (3), and (4) of section |
| 6 | 255.249, Florida Statutes, are amended, and subsection (6) is |
| 7 | added to said section, to read: |
| 8 | 255.249 Department of Management Services; responsibility; |
| 9 | department rules.-- |
| 10 | (2)(a) The department shall have the responsibility and |
| 11 | authority to procure and manage all leases of privately owned |
| 12 | buildings on behalf of any executive agency, except as set forth |
| 13 | in s. 255.248. All cost savings resulting from leases negotiated |
| 14 | or renegotiated by the department shall be deposited in escrow |
| 15 | for tenant improvements to the leased space or deposited in the |
| 16 | General Revenue Fund. require any state agency planning to |
| 17 | terminate a lease for the purpose of occupying space in a new |
| 18 | state-owned office building, the funds for which are |
| 19 | appropriated after June 30, 2000, to state why the proposed |
| 20 | relocation is in the best interest of the state. |
| 21 | (b) Information on the costs and benefits of any lease |
| 22 | that has been negotiated or renegotiated by the department shall |
| 23 | be provided to the chair and vice chair of the Legislative |
| 24 | Budget Commission if the annualized cost of the new or |
| 25 | renegotiated lease is in excess of $1 million and if it |
| 26 | represents a greater than 10 percent change in the annualized |
| 27 | cost of the department's or other executive agency's original |
| 28 | lease. The head of the department or an executive agency that |
| 29 | provides information under this subparagraph may be requested to |
| 30 | make a presentation at a future Legislative Budget Commission |
| 31 | meeting. |
| 32 | (c) This subsection does not apply to the Department of |
| 33 | Legal Affairs, the Department of Financial Services, or the |
| 34 | Department of Agriculture and Consumer Services unless the |
| 35 | cabinet officer requests that the department perform the |
| 36 | service, or part thereof, for the cabinet officer's agency. |
| 37 | (3) The department may assign one or more agencies to move |
| 38 | into space vacated by another executive agency. The executive |
| 39 | agency that requested space may reject the department's transfer |
| 40 | of the executive agency into the vacated space based on |
| 41 | excessive cost, unfavorable lease terms or conditions, negative |
| 42 | impact on employee productivity, security concerns, poor |
| 43 | location, poor building quality, insufficient parking, excessive |
| 44 | moving costs, or difficult access for persons served by the |
| 45 | executive agency. In order to reject the transfer, the agency |
| 46 | head of the executive agency must state in writing the specific |
| 47 | reason or reasons for rejecting the vacated space shall, to the |
| 48 | extent feasible, coordinate the vacation of privately owned |
| 49 | leased space with the expiration of the lease on that space and, |
| 50 | when a lease is terminated before expiration of its base term, |
| 51 | will make a reasonable effort to place another state agency in |
| 52 | the space vacated. Any state agency may lease the space in any |
| 53 | building that was subject to a lease terminated by a state |
| 54 | agency for a period of time equal to the remainder of the base |
| 55 | term without the requirement of competitive bidding. |
| 56 | (4) The department shall promulgate rules pursuant to |
| 57 | chapter 120 providing: |
| 58 | (a) Methods for accomplishing the duties outlined in |
| 59 | subsections subsection (1), (2), and (3). |
| 60 | (b) Procedures requiring the competitive solicitation of, |
| 61 | and procedures for, evaluating and accepting responses to |
| 62 | competitive solicitations for soliciting and accepting |
| 63 | competitive proposals for, leased space of 5,000 square feet or |
| 64 | more in privately owned buildings., for evaluating the proposals |
| 65 | received, for exemption from competitive bidding requirements of |
| 66 | any However, a lease the purpose of which is to provide the |
| 67 | provision of care and living space for persons, or a lease for |
| 68 | emergency space needs as provided in s. 255.25(6), is exempt |
| 69 | from the competitive solicitation requirement 255.25(10), and |
| 70 | for the securing of at least three documented quotes for a lease |
| 71 | that is not required to be competitively bid. The procedures may |
| 72 | be simplified for a solicitation of less than 5,000 square feet. |
| 73 | (c) Adoption of a standard method for determining square |
| 74 | footage or any other measurement used as the basis for lease |
| 75 | payments, or other charges. |
| 76 | (d) Methods of allocating space in both state-owned office |
| 77 | buildings and privately owned buildings leased by the state |
| 78 | based on use, personnel, and office equipment |
| 79 | (e) Acceptable terms and conditions for inclusion in lease |
| 80 | agreements. |
| 81 | (f) Maximum rental rates, by geographic areas or by |
| 82 | county, for leasing privately owned space. |
| 83 | (g) A standard method for the assessment of rent to state |
| 84 | agencies and other authorized occupants of state-owned office |
| 85 | space, notwithstanding the source of funds. |
| 86 | (h) For full disclosure of the names and the extent of |
| 87 | interest of the owners holding a 4-percent or more interest in |
| 88 | any privately owned property leased to the state or in the |
| 89 | entity holding title to the property, for exemption from such |
| 90 | disclosure of any beneficial interest which is represented by |
| 91 | stock in any corporation registered with the Securities and |
| 92 | Exchange Commission or registered pursuant to chapter 517, which |
| 93 | stock is for sale to the general public, and for exemption from |
| 94 | such disclosure of any leasehold interest in property located |
| 95 | outside the territorial boundaries of the United States. |
| 96 | (i) For full disclosure of the names of all public |
| 97 | officials, agents, or employees holding any interest in any |
| 98 | privately owned property leased to the state or in the entity |
| 99 | holding title to the property, and the nature and extent of |
| 100 | their interest, for exemption from such disclosure of any |
| 101 | beneficial interest which is represented by stock in any |
| 102 | corporation registered with the Securities and Exchange |
| 103 | Commission or registered pursuant to chapter 517, which stock is |
| 104 | for sale to the general public, and for exemption from such |
| 105 | disclosure of any leasehold interest in property located outside |
| 106 | the territorial boundaries of the United States. |
| 107 | (j) A method for reporting leases for nominal or no |
| 108 | consideration. |
| 109 | (k) Adoption of the Building Owners and Managers |
| 110 | Association Metropolitan Base Building Classification, or |
| 111 | equivalent, as a standard method for rating the quality of |
| 112 | privately owned buildings. When practical, A or B class space |
| 113 | according to Building Owners and Managers Association standards |
| 114 | must be used For a lease of less than 5,000 square feet, a |
| 115 | method for certification by the agency head or the agency head's |
| 116 | designated representative that all criteria for leasing have |
| 117 | been fully complied with and for the filing of a copy of such |
| 118 | lease and all supporting documents with the department for its |
| 119 | review and approval as to technical sufficiency. |
| 120 | (6) On or before January 1, 2005, and annually thereafter, |
| 121 | the Department of Management Services shall submit a report to |
| 122 | the presiding officers of the Legislature which sets forth the |
| 123 | department's enterprise plan for the next 5 years for the use of |
| 124 | state-owned and state-leased space and for any acquisition, |
| 125 | financing, refinancing, or disposition of state real property |
| 126 | and improvements that the department is permitted by law to |
| 127 | execute. If the department intends to deviate from the |
| 128 | enterprise plan after submission of the annual report, the |
| 129 | department must provide notice to the presiding officers of the |
| 130 | Legislature at least 30 days prior to the execution of any |
| 131 | deviation. |
| 132 | Section 2. Section 255.25, Florida Statutes, is amended to |
| 133 | read: |
| 134 | 255.25 Leasing Approval required prior to construction or |
| 135 | lease of buildings.-- |
| 136 | (1)(a) No state agency may lease space in a private |
| 137 | building that is to be constructed for state use unless prior |
| 138 | approval of the architectural design and preliminary |
| 139 | construction plans is first obtained from the department of |
| 140 | Management Services. |
| 141 | (b) During the term of existing leases, each agency shall |
| 142 | monitor market conditions and shall initiate negotiations for |
| 143 | each lease held in the private sector to effect the best overall |
| 144 | lease terms reasonably available to that agency. Amendments to |
| 145 | leases may be permitted to modify any lease provisions or any |
| 146 | other terms or conditions, except to the extent specifically |
| 147 | prohibited by this chapter. The Department of Management |
| 148 | Services shall serve as a mediator in lease renegotiations if |
| 149 | the agency and the lessor are unable to reach a compromise |
| 150 | within 6 months of renegotiation and if either the agency or |
| 151 | lessor requests the Department of Management Services' |
| 152 | intervention. |
| 153 | (c) When specifically authorized by the Appropriations Act |
| 154 | and in accordance with s. 255.2501, if applicable, the |
| 155 | department of Management Services may approve a lease-purchase, |
| 156 | sale-leaseback, or tax-exempt leveraged lease contract or other |
| 157 | financing technique for the acquisition, renovation, or |
| 158 | construction of a state fixed capital outlay project when it is |
| 159 | in the best interest of the state. |
| 160 | (d) The Department of Management Services in order to seek |
| 161 | economies of scale and the opportunity to colocate executive |
| 162 | agencies, may competitively negotiate to procure new leases, |
| 163 | renegotiate existing leases, or otherwise consolidate existing |
| 164 | leases into a large scale lease or leases covering one or more |
| 165 | privately owned buildings. The department may promulgate rules |
| 166 | establishing procedures to procure and manage large-scale and |
| 167 | provide a method for allocating lease costs among executive |
| 168 | agencies. |
| 169 | (2)(a) Except as provided in s. 255.2501, no state agency |
| 170 | may lease a building or any part thereof unless prior approval |
| 171 | of the lease conditions and of the need therefor is first |
| 172 | obtained from the department of Management Services. Any |
| 173 | approved lease may include an option to purchase or an option to |
| 174 | renew the lease, or both, upon such terms and conditions as are |
| 175 | established by the department subject to final approval by the |
| 176 | head of the Department of Management Services and s. 255.2502. |
| 177 | (b) The Department of Management Services and an executive |
| 178 | agency allowed to directly procure a The approval of the |
| 179 | Department of Management Services, except for technical |
| 180 | sufficiency, need not be obtained for the lease or an extension |
| 181 | of a lease must comply of less than 5,000 square feet of space |
| 182 | within a privately owned building, provided the agency head or |
| 183 | the agency head's designated representative has certified |
| 184 | compliance with applicable leasing criteria as may be provided |
| 185 | pursuant to this section and s. 255.249(4)(k) and shall |
| 186 | determine that has determined such lease is to be in the best |
| 187 | interest of the state. Such a lease which is for a term |
| 188 | extending beyond the end of a fiscal year is subject to the |
| 189 | provisions of ss. 216.311, 255.2502, and 255.2503. |
| 190 | (c) The Department of Management Services shall adopt as a |
| 191 | rule uniform leasing procedures for use by each state agency |
| 192 | other than the Department of Transportation. Each state agency |
| 193 | shall ensure that the leasing practices of that agency are in |
| 194 | substantial compliance with the uniform leasing rules adopted |
| 195 | under this section and ss. 255.249, 255.2502, and 255.2503. |
| 196 | (3)(a) Except as provided in subsection (10), no state |
| 197 | agency shall enter into a lease as lessee for the use of 5,000 |
| 198 | square feet or more of space in a privately owned building |
| 199 | except upon advertisement for and receipt of competitive bids |
| 200 | and award to the lowest and best bidder. The Department of |
| 201 | Management Services shall have the authority to approve a lease |
| 202 | for 5,000 square feet or more of space that covers more than 1 |
| 203 | fiscal year, subject to the provisions of ss. 216.311, 255.2501, |
| 204 | 255.2502, and 255.2503, if such lease is, in the judgment of the |
| 205 | department, in the best interests of the state. This paragraph |
| 206 | does not apply to buildings or facilities of any size leased for |
| 207 | the purpose of providing care and living space for persons. |
| 208 | (b) The Department of Management Services, or an executive |
| 209 | agency that may procure its own space, may negotiate with the |
| 210 | owner of a privately owned building to enter into an extension |
| 211 | approve extensions of an existing lease of 5,000 square feet or |
| 212 | more of space if such extension is extensions are determined to |
| 213 | be in the best interests of the state., but in no case shall the |
| 214 | total of such extensions exceed 11 months. If at the end of the |
| 215 | 11th month an agency still needs that space, it shall be |
| 216 | procured by competitive bid in accordance with s. 255.249(4)(b). |
| 217 | However, an agency that determines that it is in its best |
| 218 | interest to remain in the space it currently occupies may |
| 219 | negotiate a replacement lease with the lessor if an When |
| 220 | determining the best interests of the state, the department or |
| 221 | agency must use an independent comparative market analysis to |
| 222 | show demonstrates that the negotiated lease rate for the |
| 223 | extension is rates offered are within market rates for |
| 224 | comparable the space, that and the cost of the extension new |
| 225 | lease does not exceed the cost of a comparable space lease plus |
| 226 | documented moving costs, and that the space will adequately |
| 227 | serve the public. A present-value analysis and the consumer |
| 228 | price index shall be used in the calculation of lease costs. The |
| 229 | term of the replacement lease may not exceed the base term of |
| 230 | the expiring lease. |
| 231 | (b)(c) Any person who files an action protesting a |
| 232 | decision or intended decision pertaining to a competitive bid |
| 233 | for space to be leased by the agency pursuant to s. 120.57(3)(b) |
| 234 | shall post with the state agency at the time of filing the |
| 235 | formal written protest a bond payable to the agency in an amount |
| 236 | equal to 1 percent of the estimated total rental of the basic |
| 237 | lease period or $5,000, whichever is greater, which bond shall |
| 238 | be conditioned upon the payment of all costs which may be |
| 239 | adjudged against him or her in the administrative hearing in |
| 240 | which the action is brought and in any subsequent appellate |
| 241 | court proceeding. If the agency prevails after completion of the |
| 242 | administrative hearing process and any appellate court |
| 243 | proceedings, it shall recover all costs and charges which shall |
| 244 | be included in the final order or judgment, excluding attorney's |
| 245 | fees. Upon payment of such costs and charges by the person |
| 246 | protesting the award, the bond shall be returned to him or her. |
| 247 | If the person protesting the award prevails, the bond shall be |
| 248 | returned to that person and he or she shall recover from the |
| 249 | agency all costs and charges which shall be included in the |
| 250 | final order of judgment, excluding attorney's fees. |
| 251 | (c)(d) The agency and the lessor, when entering into a |
| 252 | lease for 5,000 or more square feet of a privately owned |
| 253 | building, shall, before the effective date of the lease, agree |
| 254 | upon and separately state the cost of tenant improvements which |
| 255 | may qualify for reimbursement if the lease is terminated before |
| 256 | the expiration of its base term. The department shall serve as |
| 257 | mediator if the agency and the lessor are unable to agree. The |
| 258 | amount agreed upon and stated shall, if appropriated, be |
| 259 | amortized over the original base term of the lease on a |
| 260 | straight-line basis. |
| 261 | (d)(e) The unamortized portion of tenant improvements, if |
| 262 | appropriated, will be paid in equal monthly installments over |
| 263 | the remaining term of the lease. If any portion of the original |
| 264 | leased premises is occupied after termination but during the |
| 265 | original term by a tenant that does not require material changes |
| 266 | to the premises, the repayment of the cost of tenant |
| 267 | improvements applicable to the occupied but unchanged portion |
| 268 | shall be abated during occupancy. The portion of the repayment |
| 269 | to be abated shall be based on the ratio of leased space to |
| 270 | unleased space. |
| 271 | (4)(a) The department of Management Services shall not |
| 272 | authorize any state agency to enter into a lease agreement for |
| 273 | space in a privately owned building when suitable space is |
| 274 | available in a state-owned building located in the same |
| 275 | geographic region, except upon presentation to the department of |
| 276 | sufficient written justification, acceptable to the department, |
| 277 | that a separate space is required in order to fulfill the |
| 278 | statutory duties of the agency making such request. The term |
| 279 | "state-owned building" as used in this subsection means any |
| 280 | state-owned facility regardless of use or control. |
| 281 | (b) State agencies shall cooperate with local governmental |
| 282 | units by using suitable, existing publicly owned facilities, |
| 283 | subject to the provisions of ss. 255.2501, 255.2502, and |
| 284 | 255.2503. Agencies may utilize unexpended funds appropriated for |
| 285 | lease payments to: |
| 286 | 1. Pay their proportion of operating costs. |
| 287 | 2. Renovate applicable spaces. |
| 288 | (5) Before construction or renovation of any state-owned |
| 289 | building or state-leased space is commenced, the Department of |
| 290 | Management Services shall ascertain, by submission of proposed |
| 291 | plans to the Division of State Fire Marshal for review, that the |
| 292 | proposed construction or renovation plan complies with the |
| 293 | uniform firesafety standards required by the Division of State |
| 294 | Fire Marshal. The review of construction or renovation plans for |
| 295 | state-leased space shall be completed within 10 calendar days of |
| 296 | receipt of the plans by the Division of State Fire Marshal. The |
| 297 | review of construction or renovation plans for a state-owned |
| 298 | building shall be completed within 30 calendar days of receipt |
| 299 | of the plans by the Division of State Fire Marshal. The |
| 300 | responsibility for submission and retrieval of the plans called |
| 301 | for in this subsection shall not be imposed on the design |
| 302 | architect or engineer, but shall be the responsibility of the |
| 303 | two agencies. Whenever the Division of State Fire Marshal |
| 304 | determines that a construction or renovation plan is not in |
| 305 | compliance with such uniform firesafety standards, the Division |
| 306 | of State Fire Marshal may issue an order to cease all |
| 307 | construction or renovation activities until compliance is |
| 308 | obtained, except those activities required to achieve such |
| 309 | compliance. The Department of Management Services shall withhold |
| 310 | approval of any proposed lease until the construction or |
| 311 | renovation plan complies with the uniform firesafety standards |
| 312 | of the Division of State Fire Marshal. The cost of all |
| 313 | modifications or renovations made for the purpose of bringing |
| 314 | leased property into compliance with the uniform firesafety |
| 315 | standards shall be borne by the lessor. |
| 316 | (6) Before construction or substantial improvement of any |
| 317 | state-owned building is commenced, the Department of Management |
| 318 | Services must ascertain that the proposed construction or |
| 319 | substantial improvement complies with the flood plain management |
| 320 | criteria for mitigation of flood hazards, as prescribed in the |
| 321 | October 1, 1986, rules and regulations of the Federal Emergency |
| 322 | Management Agency, and the department shall monitor the project |
| 323 | to assure compliance with the criteria. In accordance with |
| 324 | chapter 120, the Department of Management Services shall adopt |
| 325 | any necessary rules to ensure that all such proposed state |
| 326 | construction and substantial improvement of state buildings in |
| 327 | designated flood-prone areas complies with the flood plain |
| 328 | management criteria. Whenever the department determines that a |
| 329 | construction or substantial improvement project is not in |
| 330 | compliance with the established flood plain management criteria, |
| 331 | the department may issue an order to cease all construction or |
| 332 | improvement activities until compliance is obtained, except |
| 333 | those activities required to achieve such compliance. |
| 334 | (7) This section does not apply to any lease having a term |
| 335 | of less than 120 consecutive days for the purpose of securing |
| 336 | the one-time special use of the leased property. This section |
| 337 | does not apply to any lease for nominal or no consideration. |
| 338 | (8) No executive agency may shall enter into more than one |
| 339 | lease for space in a the same privately owned building if such |
| 340 | building was in the Florida Facilities Pool at any time in the 3 |
| 341 | years prior to the commencement of the lease facility or complex |
| 342 | within any 12-month period except upon the solicitation of |
| 343 | competitive bids. |
| 344 | (9) Specialized educational facilities, excluding |
| 345 | classrooms, shall be exempt from the competitive bid |
| 346 | requirements for leasing pursuant to this section if the |
| 347 | executive head of any state agency certifies in writing that |
| 348 | said facility is available from a single source and that the |
| 349 | competitive bid requirements would be detrimental to the state. |
| 350 | Such certification shall include documentation of evidence of |
| 351 | steps taken to determine sole-source status. |
| 352 | (10) The Department of Management Services may approve |
| 353 | emergency acquisition of space without competitive bids if |
| 354 | existing state-owned or state-leased space is destroyed or |
| 355 | rendered uninhabitable by an act of God, fire, malicious |
| 356 | destruction, or structural failure, or by legal action, if the |
| 357 | chief administrator of the state agency or the chief |
| 358 | administrator's designated representative certifies in writing |
| 359 | that no other agency-controlled space is available to meet this |
| 360 | emergency need, but in no case shall the lease for such space |
| 361 | exceed 11 months. If the lessor elects not to replace or |
| 362 | renovate the destroyed or uninhabitable facility, the agency |
| 363 | shall procure the needed space by competitive bid in accordance |
| 364 | with s. 255.249(4)(b). If the lessor elects to replace or |
| 365 | renovate the destroyed or uninhabitable facility and the |
| 366 | construction or renovations will not be complete at the end of |
| 367 | the 11-month lease, the agency may modify the lease to extend it |
| 368 | on a month-to-month basis for an additional 6 months to allow |
| 369 | completion of such construction or renovations. |
| 370 | (11) In any leasing of space that is accomplished without |
| 371 | competition, the individuals taking part in the development or |
| 372 | selection of criteria for evaluation, in the evaluation, and in |
| 373 | the award processes shall attest in writing that they are |
| 374 | independent of, and have no conflict of interest in, the |
| 375 | entities evaluated and selected. |
| 376 | Section 3. Section 270.27, Florida Statutes, is repealed. |
| 377 | Section 4. Section 215.3215, Florida Statutes, is created |
| 378 | to read: |
| 379 | 215.3215 Charges by agencies or contractors.--Specific |
| 380 | statutory authority authorizing the maximum amount of a fee, |
| 381 | tax, or other charge shall be required for an agency, as defined |
| 382 | in s. 287.012(1), or contractor with such agency to levy or |
| 383 | impose upon a person who is not a party to the contract a fee, |
| 384 | tax, or other charge which funds the contract or provides |
| 385 | payment to the contractor, regardless of whether the levy or |
| 386 | imposition is direct or indirect or is mandatory or optional. |
| 387 | Section 5. Subsections (17) and (23) of section 287.057, |
| 388 | Florida Statutes, are amended, and a new subsection (25) is |
| 389 | added to said section, to read: |
| 390 | 287.057 Procurement of commodities or contractual |
| 391 | services.-- |
| 392 | (17) For a contract in excess of the threshold amount |
| 393 | provided in s. 287.017 for CATEGORY FOUR, the agency head shall |
| 394 | appoint: |
| 395 | (a) At least three persons to evaluate proposals and |
| 396 | replies who collectively have experience and knowledge in the |
| 397 | program areas and service requirements for which commodities or |
| 398 | contractual services are sought. |
| 399 | (b) At least three persons to conduct negotiations during |
| 400 | a competitive sealed reply procurement who collectively have |
| 401 | experience and knowledge in negotiating contracts, contract |
| 402 | procurement, and the program areas and service requirements for |
| 403 | which commodities or contractual services are sought. As of |
| 404 | January 1, 2005, when the contract is in excess of $1 million, |
| 405 | at least one of the persons conducting negotiations must be a |
| 406 | certified negotiator as established by the department. The |
| 407 | department shall, by rule, establish the experience, knowledge, |
| 408 | and training required to be a certified negotiator. |
| 409 | (23)(a) The department, in consultation with the Chief |
| 410 | Financial Officer State Technology Office and the Comptroller, |
| 411 | shall develop a program for on-line procurement of commodities |
| 412 | and contractual services. To enable the state to promote open |
| 413 | competition and to leverage its buying power, agencies shall |
| 414 | participate in the on-line procurement program, and eligible |
| 415 | users and cabinet agencies may participate in the program. Only |
| 416 | vendors prequalified as meeting mandatory requirements and |
| 417 | qualifications criteria shall be permitted to participate in on- |
| 418 | line procurement. The department, in consultation with the State |
| 419 | Technology Office, may contract for equipment and services |
| 420 | necessary to develop and implement on-line procurement. |
| 421 | (b) The department, in consultation with the State |
| 422 | Technology Office, shall adopt rules, pursuant to ss. 120.536(1) |
| 423 | and 120.54, to administer the program for on-line procurement. |
| 424 | The rules shall include, but not be limited to: |
| 425 | 1. Determining the requirements and qualification criteria |
| 426 | for prequalifying vendors. |
| 427 | 2. Establishing the procedures for conducting on-line |
| 428 | procurement. |
| 429 | 3. Establishing the criteria for eligible commodities and |
| 430 | contractual services. |
| 431 | 4. Establishing the procedures for providing access to on- |
| 432 | line procurement. |
| 433 | 5. Determining the criteria warranting any exceptions to |
| 434 | participation in the on-line procurement program. |
| 435 | (c) The department may collect fees for the use of the on- |
| 436 | line procurement program systems. Purchase of commodities and |
| 437 | contractual services from vendors that are registered with the |
| 438 | on-line procurement program may be considered use of the |
| 439 | program. The fees may be imposed on an individual transaction |
| 440 | basis or as a fixed percentage of the cost savings generated. At |
| 441 | a minimum, the fees must be set in an amount sufficient to cover |
| 442 | the projected costs of such services, including administrative |
| 443 | and project service costs in accordance with the policies of the |
| 444 | department; however, fees imposed on an individual transaction |
| 445 | basis may not exceed 1 percent of the transaction amount. For |
| 446 | the purposes of compensating the provider, the department may |
| 447 | authorize the provider to collect and retain a portion of the |
| 448 | fees. The providers may withhold the portion retained from the |
| 449 | amount of fees to be remitted to the department. The department |
| 450 | may negotiate the retainage as a percentage of such fees charged |
| 451 | to users, as a flat amount, or as any other method the |
| 452 | department deems feasible. All fees and surcharges collected |
| 453 | under this paragraph shall be collected by the department and |
| 454 | deposited in the Grants and Donation Trust Fund as provided by |
| 455 | law. |
| 456 | (25)(a) Legal authority is required for contractual |
| 457 | services procurements with a cost greater than $10 million over |
| 458 | the contract term which shift functions or responsibilities from |
| 459 | agency staff to the private sector where the agency remains |
| 460 | accountable while the private sector entity performs the |
| 461 | function or responsibility. At least 60 days prior to the |
| 462 | Legislative session, if the agency seeks authority by law to |
| 463 | procure such contractual services, or 30 days prior to issuing a |
| 464 | solicitation, if the agency has legal authority to procure such |
| 465 | contractual services, upon issuance of a solicitation, and upon |
| 466 | execution of a contract, the agency shall provide to the |
| 467 | President of the Senate and the Speaker of the House of |
| 468 | Representatives current cost-benefit analyses, business case |
| 469 | analyses, plans for contract management, proposed performance |
| 470 | contracting procedures, detailed service comparisons, and |
| 471 | information about impacts to approved performance standards |
| 472 | regarding the proposed procurement. The contract for such |
| 473 | procurement shall include at a minimum a detailed scope of work |
| 474 | specifying services and deliverables; specific payment terms, |
| 475 | including incentive and penalty provisions; implementation |
| 476 | schedules; required performance measures; provisions for the |
| 477 | transfer of the function or responsibility if the contractor |
| 478 | ceases to perform; and requirements for access to public records |
| 479 | consistent with law. The department shall maintain a database |
| 480 | containing, for procurements subject to this subsection, the |
| 481 | agency name, the name and description of the contractual service |
| 482 | procured, and the names of the prime contractor and any |
| 483 | subcontractors; projected and actual completion dates by project |
| 484 | phase; a description of performance measures contained in the |
| 485 | contract, projected performance, and actual performance; and |
| 486 | projected costs and revenues, as applicable, and actual costs |
| 487 | and revenues. |
| 488 | (b) This subsection shall not apply to any procurement for |
| 489 | which a contract was executed prior to July 1, 1994, for |
| 490 | contractual services substantially similar in nature and purpose |
| 491 | to those to be procured in the proposed contract. |
| 492 | Section 6. Effective October 1, 2004, there is hereby |
| 493 | appropriated from the Grants and Donation Trust Fund in the |
| 494 | Department of Management Services $5,000,000 in the Special |
| 495 | Categories Contractual Services for the purpose of transferring |
| 496 | funds to the on-line procurement program contractor, in |
| 497 | accordance with s. 287.057, Florida Statutes. |
| 498 | Section 7. The amendment to section 287.057(23)(c), |
| 499 | Florida Statutes, which removes authority for the provider to |
| 500 | collect and retain fees and require the department to collect |
| 501 | the fees, shall take effect October 1, 2004. |
| 502 | Section 8. Except as otherwise provided herein, this act |
| 503 | shall take effect July 1, 2004. |
| 504 |
|
| 505 | ================= T I T L E A M E N D M E N T ================= |
| 506 | Remove the entire title and insert: |
| 507 | An act relating to the Department of Management Services; |
| 508 | amending s. 255.249, F.S.; removing a requirement |
| 509 | regarding certain agencies planning to terminate a lease; |
| 510 | providing that the Department of Management Services, |
| 511 | rather than agencies acting on their own behalf, shall |
| 512 | lease space for agencies; limiting scope of provisions to |
| 513 | certain departments; providing for moving of agencies into |
| 514 | vacated spaces; providing conditions under which an agency |
| 515 | may reject a proposed move; providing for competitive |
| 516 | solicitation of leases; providing bid procedures; |
| 517 | providing conditions for space allocation; requiring |
| 518 | adoption of a quality standard; amending s. 255.25, F.S.; |
| 519 | providing criteria for agencies to monitor market |
| 520 | conditions and initiate negotiations; authorizing the |
| 521 | department to negotiate to procure new leases for the |
| 522 | colocation of agencies; providing conditions for lease |
| 523 | procurement; changing the requirement for competitive |
| 524 | bidding for leases of real property for agencies to a |
| 525 | requirement for competitive solicitation; requiring a |
| 526 | business case analysis for extension of a lease; providing |
| 527 | that state agencies may not lease a privately owned |
| 528 | building if such building was in the Florida Facilities |
| 529 | Pool in the previous 3 years; repealing s. 270.27, F.S., |
| 530 | relating to the sale of unused public lands; creating s. |
| 531 | 215.3215,F.S.; authorizing agencies or contractors to levy |
| 532 | or impose on certain noncontract parties certain fees, |
| 533 | taxes, or charges only if authorized by law; amending s. |
| 534 | 287.057, F.S.; requiring certified negotiators for certain |
| 535 | procurements; revising provisions relating to on-line |
| 536 | procurement programs; prohibiting agencies from procuring |
| 537 | certain contractual services except as provided by law; |
| 538 | requiring agencies to provide information to the |
| 539 | Legislature regarding such procurements; requiring certain |
| 540 | contract provisions for such procurements; requiring the |
| 541 | department to establish a database; providing exceptions; |
| 542 | providing an appropriation; providing effective dates. |