Senate Bill sb0400er

    ENROLLED

    2005 Legislature                  CS for SB 400, 1st Engrossed



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  2         An act relating to the procurement of

  3         commodities or contractual services; amending

  4         s. 287.057, F.S.; requiring that the Department

  5         of Management Services compensate a provider

  6         for on-line procurement pursuant to

  7         appropriation after satisfying ongoing costs;

  8         requiring that the provider report transaction

  9         data to the department; requiring that fees due

10         to the state on a transactional basis or as a

11         fixed percentage of savings generated be

12         deposited into the State Treasury; requiring

13         that a vendor pay interest on the balance of

14         fees remaining due and unpaid; providing an

15         effective date.

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

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19         Section 1.  Paragraph (c) of subsection (23) of section

20  287.057, Florida Statutes, is amended to read:

21         287.057  Procurement of commodities or contractual

22  services.--

23         (23)

24         (c)1.  The department may impose and shall collect all

25  fees for the use of the on-line procurement systems. Such The

26  fees may be imposed on an individual transaction basis or as a

27  fixed percentage of the cost savings generated. At a minimum,

28  the fees must be set in an amount sufficient to cover the

29  projected costs of such services, including administrative and

30  project service costs in accordance with the policies of the

31  department. All fees and surcharges collected under this


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




    ENROLLED

    2005 Legislature                  CS for SB 400, 1st Engrossed



 1  paragraph shall be deposited in the Grants and Donations Trust

 2  Fund as provided by law.

 3         2.  If the department contracts with a provider for

 4  on-line procurement, the department, pursuant to

 5  appropriation, shall compensate the provider from such fees

 6  after the department has satisfied all ongoing costs. The

 7  provider shall report transaction data to the department each

 8  month so that the department may determine the amount due and

 9  payable to the department from each vendor.

10         3.  All fees that are due and payable to the state on a

11  transactional basis or as a fixed percentage of the cost

12  savings generated are subject to s. 215.31 and must be

13  remitted within 40 days after receipt of payment for which

14  such fees are due. For any fees that are not remitted within

15  40 days, the vendor shall pay interest at the rate established

16  under s. 55.03(1) on the unpaid balance from the expiration of

17  the 40-day period until the fees are remitted. For the

18  purposes of compensating the provider, the department may

19  authorize the provider to collect and retain a portion of the

20  fees. The providers may withhold the portion retained from the

21  amount of fees to be remitted to the department. The

22  department may negotiate the retainage as a percentage of such

23  fees charged to users, as a flat amount, or as any other

24  method the department deems feasible. All fees and surcharges

25  collected under this paragraph shall be deposited in the

26  Grants and Donation Trust Fund as provided by law.

27         Section 2.  This act shall take effect July 1, 2005.

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