Amendment
Bill No. 1835

Amendment No. 484137

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Kottkamp offered the following:
2
3	Substitute Amendment for Amendment (667579) (with title
4	amendment)
5	Remove lines 142 through 270 and insert:
6
7	(3)  The provisions of this act shall not be required to
8	apply to:
9	(a)  Procurements of commodities and contractual services:
10	1.  Listed in s. 287.057(5)(e), (f), and (g) and (22).
11	2.  Subject to s. 287.055.
12	(b)  Contracts in support of the planning, development,
13	implementation, operation, or maintenance of the road, bridge,
14	and public transportation construction program of the Department
15	of Transportation.
16	(4)  Only the provisions of ss. 287.0571?287.0576, 287.058,
17	and section 13 of this act shall apply to procurements governed
18	by the provisions of HB 1827 or SB 1476, 2005 Regular Session of
19	the Legislature, or similar legislation, if adopted in the same
20	legislative session or an extension thereof and enacted into
21	law.
22	Section 3.  Section 287.0573, Florida Statutes, is created
23	to read:
24	287.0573  Definitions.--For the purposes of this act:
25	(1)  "Center" means the Center for Efficient Government.
26	(2)  "Centralized gate process" means the system of review
27	phases for a proposed procurement of contractual services, the
28	conclusion of each phase being a "gate" or decision point at
29	which the commission determines whether the procurement under
30	consideration may proceed to the next phase.
31	(3)  "Commission" means the Commission on Efficient
32	Government.
33	Section 4.  Section 287.0574, Florida Statutes, is created
34	to read:
35	287.0574  Criteria for procurement of contractual
36	services.--
37	(1)  The agency must include with its final legislative
38	budget request the business cases for procurements for
39	contractual services that the agency proposes in the fiscal year
40	for which the final legislative budget request is submitted, in
41	the manner and form prescribed in the legislative budget request
42	instructions pursuant to s. 216.023.
43	(2)  When compared to the cost and quality of service
44	performed by state employees, an agency may procure a
45	contractual service currently or previously provided by state
46	employees only if, upon full implementation of a procurement,
47	it:
48	(a)  Results in reasonable cost savings while maintaining
49	at least the same quality of service;
50	(b)  Reasonably increases the quality of service while not
51	exceeding the same level of cost; or
52	(c)  Significantly increases measurable outputs and quality
53	while minimally increasing costs, at levels and percentages
54	proposed by the procuring agency and approved in writing in
55	advance of the procurement by the commission. Only projects with
56	an annual cost below $10 million in each fiscal year may meet
57	this criterion. This paragraph shall expire on July 1, 2006.
58	Section 5.  Section 287.0575, Florida Statutes, is created
59	to read:
60	287.0575  Commission on Efficient Government; membership;
61	duties; Center for Efficient Government; duties.--
62	(1)  The Commission on Efficient Government is created
63	within the Department of Management Services to oversee the
64	Center for Efficient Government and carry out the
65	responsibilities specified in this section.
66	(a)  The commission shall consist of seven members
67	appointed by the Governor:
68	1.  Four members shall be heads of executive branch
69	agencies.
70	2.  Three members shall be from the private sector and,
71	collectively, shall have experience with procurement,
72	successfully increasing operational efficiency, and implementing
73	complex projects in the private sector business environment. No
74	private sector member of the commission may at any time during
75	his or her appointment to the commission be registered to lobby
76	the executive or legislative branch.
77	(b)  By August 1, 2005, the Governor shall appoint two
78	private sector members and two agency heads for terms of 3 years
79	and one private sector member and two agency heads for terms of
80	4 years. Thereafter, each member shall serve for a term of 4
81	years. The private sector members shall serve without
82	compensation but shall be entitled to reimbursement for per diem
83	and travel expenses pursuant to s. 112.061.
84	(c)  No member of the commission shall participate in
85	commission review of a procurement when his or her agency is
86	conducting the procurement or, in the case of a private sector
87	member, he or she has a business relationship with an entity
88	that is involved or could potentially be involved in the
89	procurement.
90	(d)  The members of the commission may not delegate their
91	membership to a designee.
92	(e)  A quorum shall consist of at least four members,
93	including at least two private-sector members. At least one
94	private-sector member must vote on the prevailing side for
95	commission action to take effect.
96	(f)  Any vacancy on the commission shall be filled in the
97	same manner as the original appointment, and any member
98	appointed to fill a vacancy occurring for a reason other than
99	the expiration of a term shall serve only for the unexpired term
100	of the member's predecessor.
101	(g)  At the first meeting of the commission after August 1,
102	2005, the members of the commission shall elect, by majority
103	vote of those in attendance, a member to serve as chair of the
104	commission. No later than September 1 of each succeeding year,
105	the commission shall elect a new chair.
106	(h)  The commission shall:
107	1.  Oversee the Center for Efficient Government.
108	2.  Adopt the centralized gate process.
109	3.  Review, evaluate, grant approval of, withhold approval
110	of, or deny approval of a proposed procurement at each gate
111	established within the centralized gate process. The commission
112	shall adopt rules regarding the procurements that must pass
113	through the centralized gate process. Such procurements shall
114	include, at a minimum, those subject to the requirements of s.
115	287.0576(1).
116	4.  Approve templates and guidelines and adopt rules
117	prescribing standards and procedures for use by agencies during
118	the procurement process which shall, at a minimum, include the
119	requirements under ss. 287.0576-287.0577 for procurements of
120	contractual services.
121	5.  Implement a plan for providing information and
122	documentation to the Legislature and the Governor on behalf of
123	agencies and in compliance with the provisions of this chapter.
124	The plan shall include, at a minimum, providing copies of
125	documents to be reviewed by the commission to the President of
126	the Senate, the Speaker of the House of Representatives, the
127	Governor, and the chairs of the relevant appropriations and
128	substantive legislative committees at least 14 days prior to the
129	meeting of the commission at which the proposed procurement will
130	be discussed.
131	6.  Review the performance of procurements which have
132	advanced through the full centralized gate process.
133	(2)  The Center for Efficient Government is created in the
134	department to establish and promote best business practices so
135	that the delivery of services to citizens of the state are
136	provided in the most effective and cost-efficient manner
137	possible. The secretary of the department shall appoint a
138	director of the center. The duties and responsibilities of the
139	center are:
140	(a)  Recommending and implementing a centralized gate
141	process for reviewing and evaluating, and granting, withholding,
142	or denying approval of, agency
143
144
145
146	================ T I T L E  A M E N D M E N T =============
147	Remove line 16 and insert:
148
149	procurement of contractual services by an agency;
150	requiring an agency to include with its final legislative
151	budget request the business cases for specified
152	procurements; creating

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