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