| 1 | A bill to be entitled |
| 2 | An act relating to the procurement of commodities or |
| 3 | contractual services; amending s. 287.057, F.S.; requiring |
| 4 | that the Department of Management Services compensate a |
| 5 | provider for on-line procurement pursuant to appropriation |
| 6 | after satisfying ongoing costs; requiring that the |
| 7 | provider report transaction data to the department; |
| 8 | requiring that fees due to the state on a transactional |
| 9 | basis or as a fixed percentage of savings generated be |
| 10 | deposited into the State Treasury; requiring that a vendor |
| 11 | pay interest on the balance of fees remaining due and |
| 12 | unpaid; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (c) of subsection (23) of section |
| 17 | 287.057, Florida Statutes, is amended to read: |
| 18 | 287.057 Procurement of commodities or contractual |
| 19 | services.-- |
| 20 | (23) |
| 21 | (c)1. The department may impose and shall collect all fees |
| 22 | for the use of the on-line procurement systems. Such The fees |
| 23 | may be imposed on an individual transaction basis or as a fixed |
| 24 | percentage of the cost savings generated. At a minimum, the fees |
| 25 | must be set in an amount sufficient to cover the projected costs |
| 26 | of such services, including administrative and project service |
| 27 | costs in accordance with the policies of the department. All |
| 28 | fees and surcharges collected under this paragraph shall be |
| 29 | deposited into the Grants and Donations Trust Fund as provided |
| 30 | by law. |
| 31 | 2. If the department contracts with a provider for on-line |
| 32 | procurement, the department, pursuant to appropriation, shall |
| 33 | compensate the provider from such fees after the department has |
| 34 | satisfied all ongoing costs. The provider shall report |
| 35 | transaction data to the department each month so that the |
| 36 | department may determine the amount due and payable to the |
| 37 | department from each vendor. |
| 38 | 3. All fees that are due and payable to the state on a |
| 39 | transactional basis or as a fixed percentage of the cost savings |
| 40 | generated are subject to s. 215.31 and must be remitted within |
| 41 | 40 days after receipt of payment for which such fees are due. |
| 42 | For any fees that are not remitted within 40 days, the vendor |
| 43 | shall pay interest at the rate established under s. 55.03(1) on |
| 44 | the unpaid balance from the expiration of the 40-day period |
| 45 | until the fees are remitted. For the purposes of compensating |
| 46 | the provider, the department may authorize the provider to |
| 47 | collect and retain a portion of the fees. The providers may |
| 48 | withhold the portion retained from the amount of fees to be |
| 49 | remitted to the department. The department may negotiate the |
| 50 | retainage as a percentage of such fees charged to users, as a |
| 51 | flat amount, or as any other method the department deems |
| 52 | feasible. All fees and surcharges collected under this paragraph |
| 53 | shall be deposited in the Grants and Donation Trust Fund as |
| 54 | provided by law. |
| 55 | Section 2. This act shall take effect July 1, 2005. |