HB 1129

1
A bill to be entitled
2An act relating to the Advisory Committee on State
3Procurement; creating s. 287.0575, F.S.; establishing the
4Advisory Committee on State Procurement for the purpose of
5evaluating the state procurement process and carrying out
6the legislative policy created under the act; providing
7policy of the Legislature with respect to the procurement
8of goods, services, and facilities by the state; providing
9for membership and organization of the committee;
10providing duties of the committee; providing powers of the
11committee; requiring state agency cooperation with the
12committee; requiring reports of the committee; providing
13for termination of the committee; providing an
14appropriation; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 287.0575, Florida Statutes, is created
19to read:
20     287.0575  Advisory Committee on State Procurement; policy;
21duties; termination of advisory committee.--
22     (1)  ADVISORY COMMITTEE ON STATE PROCUREMENT;
23ESTABLISHMENT.--The Advisory Committee on State Procurement is
24established for the purpose of evaluating the entire state
25procurement process, including the organization, staffing,
26leadership, planning, and controls involved in the procurement
27process, and for the purpose of carrying out the policy set
28forth in subsection (2).
29     (2)  LEGISLATIVE POLICY.--It is the policy of the
30Legislature to promote economy, efficiency, and effectiveness in
31the procurement of goods, services, and facilities by and for
32the executive branch of state government through the following
33means:
34     (a)  The establishment of policies, procedures, and
35practices which require the state to procure goods, services,
36and facilities of requisite quality, in a timely manner, and at
37the lowest reasonable cost, using competitive bidding to the
38maximum extent possible.
39     (b)  Improvement of the quality, efficiency, economy, and
40performance of organizations and personnel involved in the
41procurement of goods, services, and facilities by the state.
42     (c)  Elimination of unnecessary overlapping or duplication
43of procurement activities and related activities such as
44contract administration and inspections.
45     (d)  Elimination of unnecessary or redundant requirements
46placed on contractors or on officials in charge of the
47procurement of goods, services, and facilities by the state.
48     (e)  Identification of gaps, omissions, or inconsistencies
49in state laws, rules, and directives relating to the procurement
50of goods, services, and facilities by the state which should be
51brought to the attention of the Legislature.
52     (f)  Attainment of greater uniformity in and simplification
53of procurement procedures, whenever appropriate.
54     (g)  Coordination of the procurement policies and programs
55of the various departments and agencies of the state, whenever
56possible.
57     (h)  The conforming of procurement policies and programs to
58other successful established state policies and programs,
59whenever appropriate.
60     (i)  Minimization of possible disruptive effects of state
61procurement on particular industries, areas, or occupations.
62     (j)  Improvement of the understanding of the laws and
63policies of the state relating to the procurement of goods,
64services, and facilities by the state, not only within state
65government but on the part of organizations and individuals
66doing business with the state.
67     (k)  Promotion of fair dealing and equitable relationships
68among the parties in state contracting.
69     (l)  Promotion of economy, efficiency, and effectiveness in
70state procurement organizations and operations by any means the
71committee deems beneficial and appropriate.
72     (m)  Giving special consideration to procurement laws,
73policies, procedures, practices, organization, staffing,
74leadership and controls of the Federal Government's procurement
75process.
76
77Nothing in this subsection shall be construed as limiting the
78committee's means of facilitating the legislative policy
79expressed herein, the inquiries of the committee, or the
80committee's authority to investigate additional areas the
81committee deems significant, relevant, or important.
82     (3)  MEMBERSHIP; ORGANIZATION.--
83     (a)  The committee shall be composed of 10 members, three
84of whom shall be appointed by the President of the Senate, three
85of whom shall be appointed by the Speaker of the House of
86Representatives, and four of whom shall be appointed by the
87Governor. Of the three appointments made by the President of the
88Senate, two appointees shall be Senators who are not of the same
89political party, and one appointee shall be from outside state
90government. Of the three appointments made by the Speaker of the
91House of Representatives, two appointees shall be members of the
92House of Representatives who are not of the same political
93party, and one appointee shall be from outside state government.
94Of the four appointments made by the Governor, two appointees
95shall be from the executive branch of state government and two
96appointees will be from outside state government.
97     (b)  The Auditor General or the Auditor General's
98designated representative shall serve as an additional ex
99officio member of the committee.
100     (c)  The committee shall select a chair and a vice chair
101from among its members.
102     (d)  Six members of the committee shall constitute a
103quorum.
104     (e)  Any vacancies in the committee shall be filled for the
105unexpired term in the same manner as the original appointment.
106     (f)  Members of the committee who are members of the
107Legislature or who are officers or employees in the executive
108branch of state government shall serve without compensation but
109shall be reimbursed for per diem and travel expenses in
110accordance with s. 112.061.
111     (4)  DUTIES OF ADVISORY COMMITTEE.--The advisory committee
112shall study and investigate:
113     (a)  The current laws of the state which govern the
114procurement of goods, services, and facilities by the state;
115     (b)  The procurement policies, rules, procedures, and
116practices followed by the departments, bureaus, agencies,
117boards, commissions, offices, and instrumentalities of the
118executive branch of state government; and
119     (c)  The organizations and management processes involved in
120a state procurement of goods, services, and facilities prior to
121the award of a state procurement contract, during the
122solicitation of bids, evaluation, and negotiation of a contract,
123and subsequent to the award of the contract to determine the
124extent to which these organizations and management processes
125facilitate the policy set forth in subsection (2).
126     (5)  POWERS OF THE ADVISORY COMMITTEE.--
127     (a)  The advisory committee, or any subcommittee or
128individual member thereof, may hold hearings and take testimony.
129Any member of the committee may administer oaths or affirmations
130to witnesses.
131     (b)  The committee may acquire information directly from
132the head of any state department or agency for the purpose of
133its studies and investigations. All departments and agencies
134shall cooperate with the committee and furnish all information
135requested by the committee to the extent permitted by law.
136Requests for information are required to be made in the name of
137the chair or vice chair of the committee.
138     (c)  The committee shall have power to appoint and fix the
139compensation of committee personnel without regard to state laws
140or rules governing state employment.
141     (d)  The committee may procure the services of experts and
142consultants at rates not to exceed $400 per day.
143     (e)  The committee may enter into contracts with private
144organizations and nonprofit institutions to carry out studies
145and prepare reports to facilitate the committee's work.
146     (6)  AGENCY COOPERATION.--All departments or agencies of
147the state are required to provide services to the committee upon
148request, on a reimbursable basis or otherwise, pursuant to
149agreements between the contributing agency and the chair or vice
150chair of the committee.
151     (7)  REPORTS.--
152     (a)  The advisory committee may make such interim reports
153as it deems advisable.
154     (b)  By July 1, 2009, the advisory committee shall submit
155to the Clerk of the House of Representatives and the Secretary
156of the Senate the final report of its findings and
157recommendations for changes in statutes, rules, policies,
158procedures, and organization necessary to carry out the policy
159set forth in subsection (2).
160     (8)  TERMINATION OF ADVISORY COMMITTEE.--The Advisory
161Committee on State Procurement shall cease to exist 120 days
162after the submission of its final report. The committee and its
163staff shall utilize the 120-day period between the submission of
164the final report and the termination of the committee to draft
165or assist in final preparation of legislative or administrative
166proposals that will carry out the recommendations of the
167committee contained in its final report.
168     Section 2.  For the 2007-2008 fiscal year, the sum of $4
169million is appropriated from the General Revenue Fund to the
170Advisory Committee on State Procurement for the purposes of
171carrying out the provisions of this act.
172     Section 3.  This act shall take effect July 1, 2007.


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