Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 2050
       
       
       
       
       
                                Barcode 832574                          
       
       585-03534-09                                                    
       Proposed Committee Substitute by the Committee on Governmental
       Oversight and Accountability
    1                        A bill to be entitled                      
    2         An act relating to the Department of Management
    3         Services; amending s. 20.22, F.S.; providing that the
    4         head of the department is the Governor and Cabinet;
    5         requiring that the Governor and Cabinet appoint an
    6         executive director of the department; providing that
    7         the executive director serves at the pleasure of the
    8         Governor and Cabinet; amending ss. 16.615, 110.405,
    9         255.05, 255.0525, 267.075, 272.18, 287.0573, 287.18,
   10         365.173, 401.021, 401.027, 403.42, 408.910, and
   11         768.1326, F.S., to conform; directing the Division of
   12         Statutory Revision to prepare a bill for consideration
   13         by the Legislature conforming provisions of the
   14         Florida Statutes to changes made by the act; providing
   15         an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsections (1) and (3) of section 20.22,
   20  Florida Statutes, are amended to read:
   21         20.22 Department of Management Services.—There is created a
   22  Department of Management Services.
   23         (1) The head of the Department of Management Services is
   24  the Governor and Cabinet, who shall appoint an executive
   25  director the Secretary of Management Services, who shall be
   26  appointed by the Governor, subject to confirmation by the
   27  Senate. The executive director, and shall serve at the pleasure
   28  of the Governor and Cabinet.
   29         (3) The duties of the Chief Labor Negotiator shall be
   30  determined by the Governor and Cabinet Secretary of Management
   31  Services, and must include, but need not be limited to, the
   32  representation of the Governor as the public employer in
   33  collective bargaining negotiations pursuant to the provisions of
   34  chapter 447.
   35         Section 2. Paragraph (i) of subsection (1) of section
   36  16.615, Florida Statutes, is amended to read:
   37         16.615 Council on the Social Status of Black Men and Boys.—
   38         (1) The Council on the Social Status of Black Men and Boys
   39  is established within the Department of Legal Affairs and shall
   40  consist of 19 members appointed as follows:
   41         (i) The Governor, a member of the Cabinet, Secretary of
   42  Management Services or a his or her designee of the Governor and
   43  Cabinet.
   44         Section 3. Section 110.405, Florida Statutes, is amended to
   45  read:
   46         110.405 Advisory committees.—The executive director of the
   47  Department Secretary of Management Services may at any time
   48  appoint an ad hoc or continuing advisory committee consisting of
   49  members of the Senior Management Service or other persons
   50  knowledgeable in the field of personnel management. Any such
   51  committee shall consist of not more than nine members, who shall
   52  serve at the pleasure and meet at the call of the secretary, to
   53  advise and consult with the secretary on such matters affecting
   54  the Senior Management Service as the secretary requests. Members
   55  shall serve without compensation, but shall be entitled to
   56  receive reimbursement for travel expenses as provided in s.
   57  112.061. The secretary may periodically hire a consultant with
   58  expertise in personnel management to advise him or her with
   59  respect to the administration of the Senior Management Service.
   60         Section 4. Paragraph (a) of subsection (1) of section
   61  255.05, Florida Statutes, is amended to read:
   62         255.05 Bond of contractor constructing public buildings;
   63  form; action by materialmen.—
   64         (1)(a) Any person entering into a formal contract with the
   65  state or any county, city, or political subdivision thereof, or
   66  other public authority or private entity, for the construction
   67  of a public building, for the prosecution and completion of a
   68  public work, or for repairs upon a public building or public
   69  work shall be required, before commencing the work or before
   70  recommencing the work after a default or abandonment, to
   71  execute, deliver to the public owner, and record in the public
   72  records of the county where the improvement is located, a
   73  payment and performance bond with a surety insurer authorized to
   74  do business in this state as surety. A public entity may not
   75  require a contractor to secure a surety bond under this section
   76  from a specific agent or bonding company. The bond must state on
   77  its front page: the name, principal business address, and phone
   78  number of the contractor, the surety, the owner of the property
   79  being improved, and, if different from the owner, the
   80  contracting public entity; the contract number assigned by the
   81  contracting public entity; and a description of the project
   82  sufficient to identify it, such as a legal description or the
   83  street address of the property being improved, and a general
   84  description of the improvement. Such bond shall be conditioned
   85  upon the contractor’s performance of the construction work in
   86  the time and manner prescribed in the contract and promptly
   87  making payments to all persons defined in s. 713.01 who furnish
   88  labor, services, or materials for the prosecution of the work
   89  provided for in the contract. Any claimant may apply to the
   90  governmental entity having charge of the work for copies of the
   91  contract and bond and shall thereupon be furnished with a
   92  certified copy of the contract and bond. The claimant shall have
   93  a right of action against the contractor and surety for the
   94  amount due him or her, including unpaid finance charges due
   95  under the claimant’s contract. Such action shall not involve the
   96  public authority in any expense. When such work is done for the
   97  state and the contract is for $100,000 or less, no payment and
   98  performance bond shall be required. At the discretion of the
   99  official or board awarding such contract when such work is done
  100  for any county, city, political subdivision, or public
  101  authority, any person entering into such a contract which is for
  102  $200,000 or less may be exempted from executing the payment and
  103  performance bond. When such work is done for the state, the
  104  Governor and Cabinet, in their capacity as head of the
  105  Department Secretary of Management Services, may delegate to
  106  state agencies the authority to exempt any person entering into
  107  such a contract amounting to more than $100,000 but less than
  108  $200,000 from executing the payment and performance bond. In the
  109  event such exemption is granted, the officer or officials shall
  110  not be personally liable to persons suffering loss because of
  111  granting such exemption. The department of Management Services
  112  shall maintain information on the number of requests by state
  113  agencies for delegation of authority to waive the bond
  114  requirements by agency and project number and whether any
  115  request for delegation was denied and the justification for the
  116  denial. Any provision in a payment bond furnished for public
  117  work contracts as provided by this subsection which restricts
  118  the classes of persons as defined in s. 713.01 protected by the
  119  bond or the venue of any proceeding relating to such bond is
  120  unenforceable.
  121         Section 5. Subsection (1) of section 255.0525, Florida
  122  Statutes, is amended to read:
  123         255.0525 Advertising for competitive bids or proposals.—
  124         (1) The solicitation of competitive bids or proposals for
  125  any state construction project that is projected to cost more
  126  than $200,000 shall be publicly advertised once in the Florida
  127  Administrative Weekly at least 21 days prior to the established
  128  bid opening. For state construction projects that are projected
  129  to cost more than $500,000, the advertisement shall be published
  130  in the Florida Administrative Weekly at least 30 days prior to
  131  the established bid opening and at least once in a newspaper of
  132  general circulation in the county where the project is located
  133  at least 30 days prior to the established bid opening and at
  134  least 5 days prior to any scheduled prebid conference. The bids
  135  or proposals shall be received and opened publicly at the
  136  location, date, and time established in the bid or proposal
  137  advertisement. In cases of emergency, the Governor and Cabinet
  138  Secretary of Management Services may alter the procedures
  139  required in this section in any manner that is reasonable under
  140  the emergency circumstances.
  141         Section 6. Paragraph (a) of subsection (3) of section
  142  267.075, Florida Statutes, is amended to read:
  143         267.075 The Grove Advisory Council; creation; membership;
  144  purposes.—
  145         (3)(a) The Grove Advisory Council shall be composed of
  146  eight members, as follows:
  147         1. Five members shall be private citizens appointed by the
  148  Secretary of State.
  149         2. One member shall be the Governor, a member of the
  150  Cabinet, Secretary of Management Services or a his or her
  151  designee of the Governor and Cabinet.
  152         3. One member shall be the director of the Division of
  153  Historical Resources of the Department of State.
  154         4. At least one member shall be a direct descendant of Mary
  155  Call Darby Collins appointed by the Secretary of State with the
  156  advice of the oldest living generation of lineal descendants of
  157  Mary Call Darby Collins.
  158  
  159  Of the citizen members, at least one member shall have
  160  professional curatorial and museum expertise, one member shall
  161  have professional architectural expertise in the preservation of
  162  historic buildings, and one member shall have professional
  163  landscape expertise. The five citizen members of the council
  164  appointed by the Secretary of State and the member of the
  165  council who is a direct descendant of Mary Call Darby Collins
  166  appointed by the Secretary of State shall be appointed for
  167  staggered 4-year terms. The Secretary of State shall fill the
  168  remainder of unexpired terms for the five citizen members of the
  169  council and the member of the council who is a direct descendant
  170  of Mary Call Darby Collins.
  171         Section 7. Paragraph (a) of subsection (1) of section
  172  272.18, Florida Statutes, is amended to read:
  173         272.18 Governor’s Mansion Commission.—
  174         (1)(a) There is created within the Department of Management
  175  Services a Governor’s Mansion Commission to be composed of eight
  176  members. Five members shall be private citizens appointed by the
  177  Governor and subject to confirmation by the Senate; one member
  178  shall be a member of the Cabinet the Secretary of Management
  179  Services or his or her designee; one member shall be the
  180  director of the Division of Recreation and Parks of the
  181  Department of Environmental Protection; and one member shall be
  182  designated by the Secretary of State and shall be an employee of
  183  the Department of State with curatorial and museum expertise.
  184  The Governor shall appoint all citizen members for 4-year terms.
  185  The Governor shall fill vacancies for the remainder of unexpired
  186  terms. The spouse of the Governor or the designated
  187  representative of the Governor shall be an ex officio member of
  188  the commission but shall have no voting rights except in the
  189  case of a tie vote.
  190         Section 8. Paragraph (a) of subsection (2) of section
  191  287.0573, Florida Statutes, is amended to read:
  192         287.0573 Council on Efficient Government; membership;
  193  duties.—
  194         (2) The council shall consist of seven members appointed by
  195  the Governor pursuant to s. 20.052:
  196         (a) The executive director of the Department Secretary of
  197  Management Services, who shall serve as chair.
  198         Section 9. Section 287.18, Florida Statutes, is amended to
  199  read:
  200         287.18 Repair and service of motor vehicles and aircraft.
  201  The Governor and Cabinet, Secretary of Management Services or a
  202  his or her designee of the Governor and Cabinet, may require a
  203  department or any state agency having facilities for the repair
  204  of aircraft or motor vehicles and for the storage and
  205  distribution of gasoline and other petroleum products to repair
  206  aircraft and motor vehicles and to furnish gasoline and other
  207  petroleum products to any other department or agency and shall
  208  compensate for the cost of such services and products.
  209         Section 10. Subsection (1) of section 365.173, Florida
  210  Statutes, is amended to read:
  211         365.173 Emergency Communications Number E911 System Fund.—
  212         (1) All revenues derived from the fee levied on subscribers
  213  under s. 365.172 must be paid by the board into the State
  214  Treasury on or before the 15th day of each month. Such moneys
  215  must be accounted for in a special fund to be designated as the
  216  Emergency Communications Number E911 System Fund, a fund created
  217  in the Technology Program, or other office as designated by the
  218  executive director of the Department Secretary of Management
  219  Services, and, for accounting purposes, must be segregated into
  220  two separate categories:
  221         (a) The wireless category; and
  222         (b) The nonwireless category.
  223  
  224  All moneys must be invested by the Chief Financial Officer
  225  pursuant to s. 17.61. All moneys in such fund are to be expended
  226  by the office for the purposes provided in this section and s.
  227  365.172. These funds are not subject to s. 215.20.
  228         Section 11. Section 401.021, Florida Statutes, is amended
  229  to read:
  230         401.021 System director.—The Governor and Cabinet,
  231  Secretary of Management Services or a his or her designee of the
  232  Governor and Cabinet, is designated as the director of the
  233  statewide telecommunications system of the regional emergency
  234  medical service and, for the purpose of carrying out the
  235  provisions of this part, is authorized to coordinate the
  236  activities of the telecommunications system with other
  237  interested state, county, local, and private agencies.
  238         Section 12. Section 401.027, Florida Statutes, is amended
  239  to read:
  240         401.027 Federal assistance.—The Governor and Cabinet,
  241  Secretary of Management Services or a his or her designee of the
  242  Governor and Cabinet, is authorized to apply for and accept
  243  federal funding assistance in the development and implementation
  244  of a statewide emergency medical telecommunications system.
  245         Section 13. Paragraph (b) of subsection (3) of section
  246  403.42, Florida Statutes, is amended to read:
  247         403.42 Florida Clean Fuel Act.—
  248         (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
  249  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.—
  250         (b)1. The advisory board shall consist of the Secretary of
  251  Community Affairs, or a designee from that department, the
  252  Secretary of Environmental Protection, or a designee from that
  253  department, the Commissioner of Education, or a designee from
  254  that department, the Secretary of Transportation, or a designee
  255  from that department, the Commissioner of Agriculture, or a
  256  designee from the Department of Agriculture and Consumer
  257  Services, the executive director of the Department Secretary of
  258  Management Services, or a designee from that department, and a
  259  representative of each of the following, who shall be appointed
  260  by the Secretary of Environmental Protection:
  261         a. The Florida biodiesel industry.
  262         b. The Florida electric utility industry.
  263         c. The Florida natural gas industry.
  264         d. The Florida propane gas industry.
  265         e. An automobile manufacturers’ association.
  266         f. A Florida Clean Cities Coalition designated by the
  267  United States Department of Energy.
  268         g. Enterprise Florida, Inc.
  269         h. EV Ready Broward.
  270         i. The Florida petroleum industry.
  271         j. The Florida League of Cities.
  272         k. The Florida Association of Counties.
  273         l. Floridians for Better Transportation.
  274         m. A motor vehicle manufacturer.
  275         n. Florida Local Environment Resource Agencies.
  276         o. Project for an Energy Efficient Florida.
  277         p. Florida Transportation Builders Association.
  278         2. The purpose of the advisory board is to serve as a
  279  resource for the department and to provide the Governor, the
  280  Legislature, and the Secretary of Environmental Protection with
  281  private sector and other public agency perspectives on achieving
  282  the goal of increasing the use of alternative fuel vehicles in
  283  this state.
  284         3. Members shall be appointed to serve terms of 1 year
  285  each, with reappointment at the discretion of the Secretary of
  286  Environmental Protection. Vacancies shall be filled for the
  287  remainder of the unexpired term in the same manner as the
  288  original appointment.
  289         4. The board shall annually select a chairperson.
  290         5.a. The board shall meet at least once each quarter or
  291  more often at the call of the chairperson or the Secretary of
  292  Environmental Protection.
  293         b. Meetings are exempt from the notice requirements of
  294  chapter 120, and sufficient notice shall be given to afford
  295  interested persons reasonable notice under the circumstances.
  296         6. Members of the board are entitled to travel expenses
  297  while engaged in the performance of board duties.
  298         7. The board shall terminate 5 years after the effective
  299  date of this act.
  300         Section 14. Paragraph (a) of subsection (11) of section
  301  408.910, Florida Statutes, is amended to read:
  302         408.910 Florida Health Choices Program.—
  303         (11) CORPORATION.—There is created the Florida Health
  304  Choices, Inc., which shall be registered, incorporated,
  305  organized, and operated in compliance with part III of chapter
  306  112 and chapters 119, 286, and 617. The purpose of the
  307  corporation is to administer the program created in this section
  308  and to conduct such other business as may further the
  309  administration of the program.
  310         (a) The corporation shall be governed by a 15-member board
  311  of directors consisting of:
  312         1. Three ex officio, nonvoting members to include:
  313         a. The Secretary of Health Care Administration or a
  314  designee with expertise in health care services.
  315         b. The executive director of the Department Secretary of
  316  Management Services or a designee with expertise in state
  317  employee benefits.
  318         c. The commissioner of the Office of Insurance Regulation
  319  or a designee with expertise in insurance regulation.
  320         2. Four members appointed by and serving at the pleasure of
  321  the Governor.
  322         3. Four members appointed by and serving at the pleasure of
  323  the President of the Senate.
  324         4. Four members appointed by and serving at the pleasure of
  325  the Speaker of the House of Representatives.
  326         5. Board members may not include insurers, health insurance
  327  agents or brokers, health care providers, health maintenance
  328  organizations, prepaid service providers, or any other entity,
  329  affiliate or subsidiary of eligible vendors.
  330         Section 15. Section 768.1326, Florida Statutes, is amended
  331  to read:
  332         768.1326 Placement of automated external defibrillators in
  333  state buildings; rulemaking authority.—No later than January 1,
  334  2003, the State Surgeon General shall adopt rules to establish
  335  guidelines on the appropriate placement of automated external
  336  defibrillator devices in buildings or portions of buildings
  337  owned or leased by the state, and shall establish, by rule,
  338  recommendations on procedures for the deployment of automated
  339  external defibrillator devices in such buildings in accordance
  340  with the guidelines. The Governor and Cabinet, acting in their
  341  capacity as head of the Department Secretary of Management
  342  Services, shall assist the State Surgeon General in the
  343  development of the guidelines. The guidelines for the placement
  344  of the automated external defibrillators shall take into account
  345  the typical number of employees and visitors in the buildings,
  346  the extent of the need for security measures regarding the
  347  buildings, special circumstances in buildings or portions of
  348  buildings such as high electrical voltages or extreme heat or
  349  cold, and such other factors as the State Surgeon General and
  350  the Governor and Cabinet, acting in their capacity as head of
  351  the Department Secretary of Management Services, determine to be
  352  appropriate. The State Surgeon General’s recommendations for
  353  deployment of automated external defibrillators in buildings or
  354  portions of buildings owned or leased by the state shall
  355  include:
  356         (1) A reference list of appropriate training courses in the
  357  use of such devices, including the role of cardiopulmonary
  358  resuscitation;
  359         (2) The extent to which such devices may be used by
  360  laypersons;
  361         (3) Manufacturer recommended maintenance and testing of the
  362  devices; and
  363         (4) Coordination with local emergency medical services
  364  systems regarding the incidents of use of the devices.
  365  
  366  In formulating these guidelines and recommendations, the State
  367  Surgeon General may consult with all appropriate public and
  368  private entities, including national and local public health
  369  organizations that seek to improve the survival rates of
  370  individuals who experience cardiac arrest.
  371         Section 16. Pursuant to s. 11.242, Florida Statutes, the
  372  Division of Statutory Revision of the Office of Legislative
  373  Services is directed to prepare a reviser’s bill for
  374  consideration by the 2010 Regular Session of the Legislature to
  375  conform the Florida Statutes to the provisions of this act.
  376         Section 17. This act shall take effect July 1, 2009.