HB 7151

1	A bill to be entitled
2	An act relating to procurement; amending s. 287.012, F.S.;
3	revising, eliminating, and providing definitions; amending
4	s. 287.017, F.S.; revising the threshold amounts for state
5	purchasing categories; eliminating a requirement that the
6	Department of Management Services adopt rules to adjust
7	the threshold amounts; repealing s. 287.045, F.S.,
8	relating to procurement of products and materials with
9	recycled content; amending s. 287.057, F.S.; revising and
10	organizing provisions relating to the procurement of
11	commodities and contractual services by the state;
12	specifying authorized uses for competitive solicitation
13	processes; providing procedures and requirements with
14	respect to competitive solicitation; specifying types of
15	procurements for which invitations to bid, requests for
16	proposals, and invitations to negotiate are to be utilized
17	and providing procedures and requirements with respect
18	thereto; revising contractual services and commodities
19	that are not subject to competitive-solicitation
20	requirements; prohibiting an agency from dividing the
21	solicitation of commodities or contractual services in
22	order to avoid specified requirements; authorizing a
23	renewal of contracts for community-based care lead agency
24	services for a specified term under certain conditions;
25	eliminating eligibility of persons who receive specified
26	contracts that were not subject to competitive procurement
27	to contract with an agency for any other contracts dealing
28	with the specific subject matter of the original contract;
29	amending s. 287.0571, F.S.; revising applicability of ss.
30	287.0571-287.0574, F.S.; specifying procurements and
31	contracts to which s. 287.0571, F.S., relating to agency
32	business cases for outsourcing of specified projects, does
33	not apply; requiring an agency to complete a business case
34	for any outsourcing project with an expected cost in
35	excess of a specified amount within a single fiscal year;
36	providing for the submission of the business case in
37	accordance with provisions governing the submission of
38	agency legislative budget requests; providing that a
39	business case is not subject to challenge; providing
40	required components of a business case; specifying
41	required provisions for a contract for a proposed
42	outsourcing; repealing s. 287.05721, F.S.; eliminating
43	definitions; creating s. 287.0575, F.S.; establishing
44	duties and responsibilities of the Department of Children
45	and Family Services, the Agency for Persons with
46	Disabilities, the Department of Health, the Department of
47	Elderly Affairs, and the Florida Department of Veterans
48	Affairs, and service providers under contract to those
49	agencies, with respect to coordination of contracted
50	services; requiring state agencies contracting for health
51	and human services to notify their contract service
52	providers of certain requirements by a specified date or
53	upon entering into any new contract for health and human
54	services; requiring service providers that have more than
55	one contract with one or more state agencies to provide
56	health and human services to provide each of their
57	contract managers with a comprehensive list of their
58	health and human services contracts by a specified date;
59	specifying information to be contained in the list;
60	providing for assignment, by a specified date, of a single
61	lead administrative coordinator for each service provider
62	from among agencies having multiple health and human
63	services contracts; requiring the lead administrative
64	coordinator to provide notice of his or her designation to
65	the service provider and to the agency contract managers
66	for each affected contract; providing the method of
67	selection of lead administrative coordinator; providing
68	responsibilities of the designated lead administrative
69	coordinator; providing duties of contract managers for
70	agency contracts; providing nonapplicability; requiring
71	annual performance evaluations of designated lead
72	administrative coordinators by each agency contracting for
73	health and human services; providing for a report;
74	repealing s. 287.0573, F.S., which establishes the Council
75	on Efficient Government and provides membership and duties
76	thereof; repealing s. 287.0574, F.S.; eliminating
77	provisions relating to business cases to outsource, review
78	and analysis conducted thereunder, and requirements
79	thereof that are relocated in other sections of Florida
80	Statutes set forth in this act; amending ss. 283.32 and
81	403.7065, F.S.; conforming provisions to the repeal of s.
82	287.045, F.S.; relating to procurement of products and
83	materials with recycled content; amending ss. 14.204,
84	43.16, 61.1826, 112.3215, 255.25, 283.33, 286.0113,
85	287.022, 287.058, 287.059, 295.187, 394.457, 394.47865,
86	402.40, 402.7305, 408.045, 427.0135, 445.024, 481.205,
87	570.07, 627.311, 627.351, 765.5155, 893.055, and 1013.38,
88	F.S, s. 21, ch. 2009-55, Laws of Florida, and s. 31, ch.
89	2009-223, Laws of Florida; conforming cross-references;
90	providing an effective date.
91
92	Be It Enacted by the Legislature of the State of Florida:
93
94	Section 1.  Section 287.012, Florida Statutes, is amended
95	to read:
96	287.012  Definitions.-As used in this part, the term:
97	(1)  "Agency" means any of the various state officers,
98	departments, boards, commissions, divisions, bureaus, and
99	councils and any other unit of organization, however designated,
100	of the executive branch of state government. "Agency" does not
101	include the university and college boards of trustees or the
102	state universities and colleges.
103	(2)  "Agency head" means, with respect to an agency headed
104	by a collegial body, the executive director or chief
105	administrative officer of the agency.
106	(3)  "Artist" means an individual or group of individuals
107	who profess and practice a demonstrated creative talent and
108	skill in the area of music, dance, drama, folk art, creative
109	writing, painting, sculpture, photography, graphic arts, craft
110	arts, industrial design, costume design, fashion design, motion
111	pictures, television, radio, or tape and sound recording or in
112	any other related field.
113	(3)(4)  "Best value" means the highest overall value to the
114	state based on objective factors that include, but are not
115	limited to, price, quality, design, and workmanship.
116	(4)(5)  "Commodity" means any of the various supplies,
117	materials, goods, merchandise, food, equipment, information
118	technology, and other personal property, including a mobile
119	home, trailer, or other portable structure with floor space of
120	less than 5,000 square feet, purchased, leased, or otherwise
121	contracted for by the state and its agencies. "Commodity" also
122	includes interest on deferred-payment commodity contracts
123	approved pursuant to s. 287.063 entered into by an agency for
124	the purchase of other commodities. However, commodities
125	purchased for resale are excluded from this definition. Further,
126	a prescribed drug, medical supply, or device required by a
127	licensed health care provider as a part of providing health
128	services involving examination, diagnosis, treatment,
129	prevention, medical consultation, or administration for clients
130	at the time the service is provided is not considered to be a
131	"commodity." Printing of publications shall be considered a
132	commodity when let upon contract pursuant to s. 283.33, whether
133	purchased for resale or not.
134	(5)(6)  "Competitive solicitation sealed bids,"
135	"competitive sealed proposals," or "competitive sealed replies"
136	means the process of requesting and receiving two or more sealed
137	bids, proposals, or replies submitted by responsive vendors in
138	accordance with the terms of a competitive process, regardless
139	of the method of procurement and includes bids, proposals, or
140	replies transmitted by electronic means in lieu of or in
141	addition to written bids, proposals, or replies.
142	(7)  "Competitive solicitation" or "solicitation" means an
143	invitation to bid, a request for proposals, or an invitation to
144	negotiate.
145	(6)(8)  "Contractor" means a person who contracts to sell
146	commodities or contractual services to an agency.
147	(7)(9)  "Contractual service" means the rendering by a
148	contractor of its time and effort rather than the furnishing of
149	specific commodities. The term applies only to those services
150	rendered by individuals and firms who are independent
151	contractors, and such services may include, but are not limited
152	to, evaluations; consultations; maintenance; accounting;
153	security; management systems; management consulting; educational
154	training programs; research and development studies or reports
155	on the findings of consultants engaged thereunder; and
156	professional, technical, and social services. "Contractual
157	service" does not include any contract for the furnishing of
158	labor or materials for the construction, renovation, repair,
159	modification, or demolition of any facility, building, portion
160	of building, utility, park, parking lot, or structure or other
161	improvement to real property entered into pursuant to chapter
162	255 and rules adopted thereunder.
163	(8)(10)  "Department" means the Department of Management
164	Services.
165	(9)(11)  "Electronic posting" or "electronically post"
166	means the noticing posting of solicitations, agency decisions or
167	intended decisions, or other matters relating to procurement on
168	a centralized Internet website designated by the department for
169	this purpose.
170	(10)(12)  "Eligible user" means any person or entity
171	authorized by the department pursuant to rule to purchase from
172	state term contracts or to use the online procurement system.
173	(11)(13)  "Exceptional purchase" means any purchase of
174	commodities or contractual services excepted by law or rule from
175	the requirements for competitive solicitation, including, but
176	not limited to, purchases from a single source; purchases upon
177	receipt of less than two responsive bids, proposals, or replies;
178	purchases made by an agency, after receiving approval from the
179	department, from a contract procured, pursuant to s. 287.057(1),
180	(2), or (3), or by another agency; and purchases made without
181	advertisement in the manner required by s. 287.042(3)(b).
182	(12)(14)  "Extension" means an increase in the time allowed
183	for the contract period due to circumstances which, without
184	fault of either party, make performance impracticable or
185	impossible, or which prevent a new contract from being executed,
186	with or without a proportional increase in the total dollar
187	amount, with any increase to be based on the method and rate
188	previously established in the contract.
189	(13)(15)  "Information technology" has the meaning ascribed
190	in s. 282.0041.
191	(14)(16)  "Invitation to bid" means a written or
192	electronically posted solicitation for competitive sealed bids.
193	The invitation to bid is used when the agency is capable of
194	specifically defining the scope of work for which a contractual
195	service is required or when the agency is capable of
196	establishing precise specifications defining the actual
197	commodity or group of commodities required. A written
198	solicitation includes a solicitation that is electronically
199	posted.
200	(15)(17)  "Invitation to negotiate" means a written or
201	electronically posted solicitation for competitive sealed
202	replies to select one or more vendors with which to commence
203	negotiations for the procurement of commodities or contractual
204	services. The invitation to negotiate is used when the agency
205	determines that negotiations may be necessary for the state to
206	receive the best value. A written solicitation includes a
207	solicitation that is electronically posted.
208	(16)(18)  "Minority business enterprise" has the meaning
209	ascribed in s. 288.703.
210	(17)(19)  "Office" means the Office of Supplier Diversity
211	of the Department of Management Services.
212	(18)  "Outsource" means the process of contracting with a
213	vendor to provide a service as defined in s. 216.011(1)(f), in
214	whole or in part, or an activity as defined in s.
215	216.011(1)(rr), while a state agency retains the responsibility
216	and accountability for the service or activity and there is a
217	transfer of management responsibility for the delivery of
218	resources and the performance of those resources.
219	(19)(20)  "Renewal" means contracting with the same
220	contractor for an additional contract period after the initial
221	contract period, only if pursuant to contract terms specifically
222	providing for such renewal.
223	(20)(21)  "Request for information" means a written or
224	electronically posted request made by an agency to vendors for
225	information concerning commodities or contractual services.
226	Responses to these requests are not offers and may not be
227	accepted by the agency to form a binding contract.
228	(21)(22)  "Request for proposals" means a written or
229	electronically posted solicitation for competitive sealed
230	proposals. The request for proposals is used when it is not
231	practicable for the agency to specifically define the scope of
232	work for which the commodity, group of commodities, or
233	contractual service is required and when the agency is
234	requesting that a responsible vendor propose a commodity, group
235	of commodities, or contractual service to meet the
236	specifications of the solicitation document. A written
237	solicitation includes a solicitation that is electronically
238	posted.
239	(22)(23)  "Request for a quote" means an oral or written
240	request for written pricing or services information from a state
241	term contract vendor for commodities or contractual services
242	available on a state term contract from that vendor.
243	(23)(24)  "Responsible vendor" means a vendor who has the
244	capability in all respects to fully perform the contract
245	requirements and the integrity and reliability that will assure
246	good faith performance.
247	(24)(25)  "Responsive bid," "responsive proposal," or
248	"responsive reply" means a bid, or proposal, or reply submitted
249	by a responsive and responsible vendor that conforms in all
250	material respects to the solicitation.
251	(25)(26)  "Responsive vendor" means a vendor that has
252	submitted a bid, proposal, or reply that conforms in all
253	material respects to the solicitation.
254	(26)(27)  "State term contract" means a term contract that
255	is competitively procured by the department pursuant to s.
256	287.057 and that is used by agencies and eligible users pursuant
257	to s. 287.056.
258	(27)(28)  "Term contract" means an indefinite quantity
259	contract to furnish commodities or contractual services during a
260	defined period.
261	Section 2.  Section 287.017, Florida Statutes, is amended
262	to read:
263	287.017  Purchasing categories, threshold amounts;
264	procedures for automatic adjustment by department.-
265	(1)  The following purchasing categories are hereby
266	created:
267	(1)(a)  CATEGORY ONE: $20,000 $15,000.
268	(2)(b)  CATEGORY TWO: $35,000 $25,000.
269	(3)(c)  CATEGORY THREE: $65,000 $50,000.
270	(4)(d)  CATEGORY FOUR: $195,000 $150,000.
271	(5)(e)  CATEGORY FIVE: $325,000 $250,000.
272	(2)  The department shall adopt rules to adjust the amounts
273	provided in subsection (1) based upon the rate of change of a
274	nationally recognized price index. Such rules shall include, but
275	not be limited to, the following:
276	(a)  Designation of the nationally recognized price index
277	or component thereof used to calculate the proper adjustment
278	authorized in this section.
279	(b)  The procedure for rounding results.
280	(c)  The effective date of each adjustment based upon the
281	previous calendar year data.
282	Section 3.  Section 287.045, Florida Statutes, is repealed.
283	Section 4.  Section 287.057, Florida Statutes, is amended
284	to read:
285	287.057  Procurement of commodities or contractual
286	services.-
287	(1)  PROCUREMENT PROCESSES.-The competitive solicitation
288	processes authorized in this section shall be used for
289	procurement of commodities or contractual services in excess of
290	the threshold amount provided for CATEGORY TWO in s. 287.017.
291	Any competitive solicitation shall be made available
292	simultaneously to all vendors, must include the time and date
293	for the receipt of bids, proposals, or replies and of the public
294	opening, and must include all contractual terms and conditions
295	applicable to the procurement, including the criteria to be used
296	in determining acceptability and relative merit of the bid,
297	proposal, or reply.
298	(a)  Invitation to bid.-The invitation to bid shall be used
299	when the agency is capable of specifically defining the scope of
300	work for which a contractual service is required or when the
301	agency is capable of establishing precise specifications
302	defining the actual commodity or group of commodities required.
303	1.  All invitations to bid must include:
304	a.  A detailed description of the commodities or
305	contractual services sought; and
306	b.  If the agency contemplates renewal of the contract, a
307	statement to that effect.
308	2.  Bids submitted in response to an invitation to bid in
309	which the agency contemplates renewal of the contract must
310	include the price for each year for which the contract may be
311	renewed.
312	3.  Evaluation of bids shall include consideration of the
313	total cost for each year of the contract, including renewal
314	years, as submitted by the vendor.
315	(b)  Request for proposals.-An agency shall use a request
316	for proposals when the purposes and uses for which the
317	commodity, group of commodities, or contractual service being
318	sought can be specifically defined and the agency is capable of
319	identifying necessary deliverables. Various combinations or
320	versions of commodities or contractual services may be proposed
321	by a responsive vendor to meet the specifications of the
322	solicitation document.
323	1.  Before issuing a request for proposals, the agency must
324	determine and specify in writing the reasons that procurement by
325	invitation to bid is not practicable.
326	2.  All requests for proposals must include:
327	a.  A statement describing the commodities or contractual
328	services sought;
329	b.  The relative importance of price and other evaluation
330	criteria; and
331	c.  If the agency contemplates renewal of the contract, a
332	statement to that effect.
333	3.  Criteria that will be used for evaluation of proposals
334	shall include, but are not limited to:
335	a.  Price, which must be specified in the proposal;
336	b.  If the agency contemplates renewal of the contract, the
337	price for each year for which the contract may be renewed; and
338	c.  Consideration of the total cost for each year of the
339	contract, including renewal years, as submitted by the vendor.
340	4.  The contract shall be awarded by written notice to the
341	responsible and responsive vendor whose proposal is determined
342	in writing to be the most advantageous to the state, taking into
343	consideration the price and other criteria set forth in the
344	request for proposals. The contract file shall contain
345	documentation supporting the basis on which the award is made.
346	(c)  Invitation to negotiate.-The invitation to negotiate
347	is a solicitation used by an agency intended to determine the
348	best method for achieving a specific goal or solving a
349	particular problem and that identifies one or more responsive
350	vendors with which the agency may negotiate in order to receive
351	the best value.
352	1.  Before issuing an invitation to negotiate, the head of
353	an agency must determine and specify in writing the reasons that
354	procurement by either an invitation to bid or a request for
355	proposal is not practicable.
356	2.  The invitation to negotiate must describe the questions
357	being explored, the facts being sought, and the specific goals
358	or problems that are the subject of the solicitation.
359	3.  The criteria that will be used for determining the
360	acceptability of the reply and guiding the selection of the
361	vendors with which the agency will negotiate must be specified.
362	4.  The agency shall evaluate and rank responsive replies
363	against all evaluation criteria set forth in the invitation to
364	negotiate and shall, based on the ranking, select one or more
365	vendors with which to commence negotiations. After negotiations
366	are conducted, the agency shall award the contract to the
367	responsible and responsive vendor that the agency determines
368	will provide the best value to the state.
369	5.  The contract file for a vendor selected through an
370	invitation to negotiate must contain a short plain statement
371	that explains the basis for the selection of the vendor and that
372	sets forth the vendor's deliverables and price, pursuant to the
373	contract, with an explanation of how these deliverables and
374	price provide the best value to the state.
375	(1)(a)  Unless otherwise authorized by law, all contracts
376	for the purchase of commodities or contractual services in
377	excess of the threshold amount provided in s. 287.017 for
378	CATEGORY TWO shall be awarded by competitive sealed bidding. An
379	invitation to bid shall be made available simultaneously to all
380	vendors and must include a detailed description of the
381	commodities or contractual services sought; the time and date
382	for the receipt of bids and of the public opening; and all
383	contractual terms and conditions applicable to the procurement,
384	including the criteria to be used in determining acceptability
385	of the bid. If the agency contemplates renewal of the contract,
386	that fact must be stated in the invitation to bid. The bid shall
387	include the price for each year for which the contract may be
388	renewed. Evaluation of bids shall include consideration of the
389	total cost for each year as submitted by the vendor. Criteria
390	that were not set forth in the invitation to bid may not be used
391	in determining acceptability of the bid.
392	(b)  The contract shall be awarded with reasonable
393	promptness by written notice to the responsible and responsive
394	vendor that submits the lowest responsive bid. This bid must be
395	determined in writing to meet the requirements and criteria set
396	forth in the invitation to bid.
397	(2)(a)  If an agency determines in writing that the use of
398	an invitation to bid is not practicable, commodities or
399	contractual services shall be procured by competitive sealed
400	proposals. A request for proposals shall be made available
401	simultaneously to all vendors, and must include a statement of
402	the commodities or contractual services sought; the time and
403	date for the receipt of proposals and of the public opening; and
404	all contractual terms and conditions applicable to the
405	procurement, including the criteria, which shall include, but
406	need not be limited to, price, to be used in determining
407	acceptability of the proposal. The relative importance of price
408	and other evaluation criteria shall be indicated. If the agency
409	contemplates renewal of the commodities or contractual services
410	contract, that fact must be stated in the request for proposals.
411	The proposal shall include the price for each year for which the
412	contract may be renewed. Evaluation of proposals shall include
413	consideration of the total cost for each year as submitted by
414	the vendor.
415	(b)  The contract shall be awarded to the responsible and
416	responsive vendor whose proposal is determined in writing to be
417	the most advantageous to the state, taking into consideration
418	the price and the other criteria set forth in the request for
419	proposals. The contract file shall contain documentation
420	supporting the basis on which the award is made.
421	(3)(a)  If the agency determines in writing that the use of
422	an invitation to bid or a request for proposals will not result
423	in the best value to the state, the agency may procure
424	commodities and contractual services by competitive sealed
425	replies. The agency's written determination must specify reasons
426	that explain why negotiation may be necessary in order for the
427	state to achieve the best value and must be approved in writing
428	by the agency head or his or her designee prior to the
429	advertisement of an invitation to negotiate. An invitation to
430	negotiate shall be made available to all vendors simultaneously
431	and must include a statement of the commodities or contractual
432	services sought; the time and date for the receipt of replies
433	and of the public opening; and all terms and conditions
434	applicable to the procurement, including the criteria to be used
435	in determining the acceptability of the reply. If the agency
436	contemplates renewal of the contract, that fact must be stated
437	in the invitation to negotiate. The reply shall include the
438	price for each year for which the contract may be renewed.
439	(b)  The agency shall evaluate and rank responsive replies
440	against all evaluation criteria set forth in the invitation to
441	negotiate and shall select, based on the ranking, one or more
442	vendors with which to commence negotiations. After negotiations
443	are conducted, the agency shall award the contract to the
444	responsible and responsive vendor that the agency determines
445	will provide the best value to the state. The contract file must
446	contain a short plain statement that explains the basis for
447	vendor selection and that sets forth the vendor's deliverables
448	and price, pursuant to the contract, with an explanation of how
449	these deliverables and price provide the best value to the
450	state.
451	(2)(4)  Prior to the time for receipt of bids, proposals,
452	or replies, an agency may conduct a conference or written
453	question and answer period for purposes of assuring the vendor's
454	full understanding of the solicitation requirements. The vendors
455	shall be accorded fair and equal treatment.
456	(3)(5)  When the purchase price of commodities or
457	contractual services exceeds the threshold amount provided in s.
458	287.017 for CATEGORY TWO, no purchase of commodities or
459	contractual services may be made without receiving competitive
460	sealed bids, competitive sealed proposals, or competitive sealed
461	replies unless:
462	(a)  The agency head determines in writing that an
463	immediate danger to the public health, safety, or welfare or
464	other substantial loss to the state requires emergency action.
465	After the agency head makes such a written determination, the
466	agency may proceed with the procurement of commodities or
467	contractual services necessitated by the immediate danger,
468	without receiving competitive sealed bids, competitive sealed
469	proposals, or competitive sealed replies. However, such
470	emergency procurement shall be made by obtaining pricing
471	information from at least two prospective vendors, which must be
472	retained in the contract file, unless the agency determines in
473	writing that the time required to obtain pricing information
474	will increase the immediate danger to the public health, safety,
475	or welfare or other substantial loss to the state. The agency
476	shall furnish copies of all written determinations certified
477	under oath and any other documents relating to the emergency
478	action to the department. A copy of the statement shall be
479	furnished to the Chief Financial Officer with the voucher
480	authorizing payment. The individual purchase of personal
481	clothing, shelter, or supplies which are needed on an emergency
482	basis to avoid institutionalization or placement in a more
483	restrictive setting is an emergency for the purposes of this
484	paragraph, and the filing with the department of such statement
485	is not required in such circumstances. In the case of the
486	emergency purchase of insurance, the period of coverage of such
487	insurance shall not exceed a period of 30 days, and all such
488	emergency purchases shall be reported to the department.
489	(b)  The purchase is made by an agency from a state term
490	contract procured, pursuant to this section, by the department
491	or by an agency, after receiving approval from the department,
492	from a contract procured, pursuant to subsection (1), subsection
493	(2), or subsection (3), by another agency.
494	(c)  Commodities or contractual services available only
495	from a single source may be excepted from the competitive-
496	solicitation requirements. When an agency believes that
497	commodities or contractual services are available only from a
498	single source, the agency shall electronically post a
499	description of the commodities or contractual services sought
500	for a period of at least 7 business days. The description must
501	include a request that prospective vendors provide information
502	regarding their ability to supply the commodities or contractual
503	services described. If it is determined in writing by the
504	agency, after reviewing any information received from
505	prospective vendors, that the commodities or contractual
506	services are available only from a single source, the agency
507	shall:
508	1.  Provide notice of its intended decision to enter a
509	single-source purchase contract in the manner specified in s.
510	120.57(3), if the amount of the contract does not exceed the
511	threshold amount provided in s. 287.017 for CATEGORY FOUR.
512	2.  Request approval from the department for the single-
513	source purchase, if the amount of the contract exceeds the
514	threshold amount provided in s. 287.017 for CATEGORY FOUR. The
515	agency shall initiate its request for approval in a form
516	prescribed by the department, which request may be
517	electronically transmitted. The failure of the department to
518	approve or disapprove the agency's request for approval within
519	21 days after receiving such request shall constitute prior
520	approval of the department. If the department approves the
521	agency's request, the agency shall provide notice of its
522	intended decision to enter a single-source contract in the
523	manner specified in s. 120.57(3).
524	(d)  When it is in the best interest of the state, the
525	secretary of the department or his or her designee may authorize
526	the Support Program to purchase insurance by negotiation, but
527	such purchase shall be made only under conditions most favorable
528	to the public interest.
529	(e)  Prescriptive assistive devices for the purpose of
530	medical, developmental, or vocational rehabilitation of clients
531	are excepted from competitive-solicitation requirements and
532	shall be procured pursuant to an established fee schedule or by
533	any other method which ensures the best price for the state,
534	taking into consideration the needs of the client. Prescriptive
535	assistive devices include, but are not limited to, prosthetics,
536	orthotics, and wheelchairs. For purchases made pursuant to this
537	paragraph, state agencies shall annually file with the
538	department a description of the purchases and methods of
539	procurement.
540	(f)  The following contractual services and commodities are
541	not subject to the competitive-solicitation requirements of this
542	section:
543	1.  Artistic services. For the purposes of this subsection,
544	the term "artistic services" does not include advertising. As
545	used in this subparagraph, the term "advertising" means the
546	making of a representation in any form in connection with a
547	trade, business, craft, or profession in order to promote the
548	supply of commodities or services by the person promoting the
549	commodities or contractual services.
550	2.  Academic program reviews.
551	3.  Lectures by individuals.
552	4.  Auditing services.
553	5.  Legal services, including attorney, paralegal, expert
554	witness, appraisal, or mediator services.
555	6.  Health services involving examination, diagnosis,
556	treatment, prevention, or medical consultation, when such
557	services are offered to eligible individuals participating in a
558	specific program that qualifies multiple providers and utilizes
559	a standard payment methodology or administration.
560	7.  Services provided to persons with mental or physical
561	disabilities by not-for-profit corporations which have obtained
562	exemptions under the provisions of s. 501(c)(3) of the United
563	States Internal Revenue Code or when such services are governed
564	by the provisions of Office of Management and Budget Circular A-
565	122. However, in acquiring such services, the agency shall
566	consider the ability of the vendor, past performance,
567	willingness to meet time requirements, and price.
568	7.8.  Medicaid services delivered to an eligible Medicaid
569	recipient unless the agency is directed otherwise in law by a
570	health care provider who has not previously applied for and
571	received a Medicaid provider number from the Agency for Health
572	Care Administration. However, this exception shall be valid for
573	a period not to exceed 90 days after the date of delivery to the
574	Medicaid recipient and shall not be renewed by the agency.
575	8.9.  Family placement services.
576	10.  Prevention services related to mental health,
577	including drug abuse prevention programs, child abuse prevention
578	programs, and shelters for runaways, operated by not-for-profit
579	corporations. However, in acquiring such services, the agency
580	shall consider the ability of the vendor, past performance,
581	willingness to meet time requirements, and price.
582	9.11.  Training and education services provided to injured
583	employees pursuant to s. 440.491(6).
584	10.12.  Contracts entered into pursuant to s. 337.11.
585	11.13.  Services or commodities provided by governmental
586	agencies.
587	(g)  Continuing education events or programs that are
588	offered to the general public and for which fees have been
589	collected that pay all expenses associated with the event or
590	program are exempt from requirements for competitive
591	solicitation.
592	(4)(6)  If less than two responsive bids, proposals, or
593	replies for commodity or contractual services purchases are
594	received, the department or other agency may negotiate on the
595	best terms and conditions. The department or other agency shall
596	document the reasons that such action is in the best interest of
597	the state in lieu of resoliciting competitive sealed bids,
598	proposals, or replies. Each agency shall report all such actions
599	to the department on a quarterly basis, in a manner and form
600	prescribed by the department.
601	(5)(7)  Upon issuance of any solicitation, an agency shall,
602	upon request by the department, forward to the department one
603	copy of each solicitation for all commodity and contractual
604	services purchases in excess of the threshold amount provided in
605	s. 287.017 for CATEGORY TWO. An agency shall also, upon request,
606	furnish a copy of all competitive-solicitation tabulations. The
607	Office of Supplier Diversity may also request from the agencies
608	any information submitted to the department pursuant to this
609	subsection.
610	(6)(8)(a)  In order to strive to meet the minority business
611	enterprise procurement goals set forth in s. 287.09451, an
612	agency may reserve any contract for competitive solicitation
613	only among certified minority business enterprises. Agencies
614	shall review all their contracts each fiscal year and shall
615	determine which contracts may be reserved for solicitation only
616	among certified minority business enterprises. This reservation
617	may only be used when it is determined, by reasonable and
618	objective means, before the solicitation that there are capable,
619	qualified certified minority business enterprises available to
620	submit a bid, proposal, or reply on a contract to provide for
621	effective competition. The Office of Supplier Diversity shall
622	consult with any agency in reaching such determination when
623	deemed appropriate.
624	(b)  Before a contract may be reserved for solicitation
625	only among certified minority business enterprises, the agency
626	head must find that such a reservation is in the best interests
627	of the state. All determinations shall be subject to s.
628	287.09451(5). Once a decision has been made to reserve a
629	contract, but before sealed bids, proposals, or replies are
630	requested, the agency shall estimate what it expects the amount
631	of the contract to be, based on the nature of the services or
632	commodities involved and their value under prevailing market
633	conditions. If all the sealed bids, proposals, or replies
634	received are over this estimate, the agency may reject the bids,
635	proposals, or replies and request new ones from certified
636	minority business enterprises, or the agency may reject the
637	bids, proposals, or replies and reopen the bidding to all
638	eligible vendors.
639	(c)  All agencies shall consider the use of price
640	preferences of up to 10 percent, weighted preference formulas,
641	or other preferences for vendors as determined appropriate
642	pursuant to guidelines established in accordance with s.
643	287.09451(4) to increase the participation of minority business
644	enterprises.
645	(d)  All agencies shall avoid any undue concentration of
646	contracts or purchases in categories of commodities or
647	contractual services in order to meet the minority business
648	enterprise purchasing goals in s. 287.09451.
649	(7)(9)  An agency may reserve any contract for competitive
650	solicitation only among vendors who agree to use certified
651	minority business enterprises as subcontractors or subvendors.
652	The percentage of funds, in terms of gross contract amount and
653	revenues, which must be expended with the certified minority
654	business enterprise subcontractors and subvendors shall be
655	determined by the agency before such contracts may be reserved.
656	In order to bid on a contract so reserved, the vendor shall
657	identify those certified minority business enterprises which
658	will be utilized as subcontractors or subvendors by sworn
659	statement. At the time of performance or project completion, the
660	contractor shall report by sworn statement the payments and
661	completion of work for all certified minority business
662	enterprises used in the contract.
663	(8)(10)  An agency shall not divide the solicitation
664	procurement of commodities or contractual services so as to
665	avoid the requirements of subsections (1)-(3) (1) through (5).
666	(9)(11)  A contract for commodities or contractual services
667	may be awarded without competition if state or federal law
668	prescribes with whom the agency must contract or if the rate of
669	payment is established during the appropriations process.
670	(10)(12)  If two equal responses to a solicitation or a
671	request for quote are received and one response is from a
672	certified minority business enterprise, the agency shall enter
673	into a contract with the certified minority business enterprise.
674	(11)(13)  Extension of a contract for contractual services
675	shall be in writing for a period not to exceed 6 months and
676	shall be subject to the same terms and conditions set forth in
677	the initial contract. There shall be only one extension of a
678	contract unless the failure to meet the criteria set forth in
679	the contract for completion of the contract is due to events
680	beyond the control of the contractor.
681	(12)(14)(a)  Contracts for commodities or contractual
682	services may be renewed for a period that may not exceed 3 years
683	or the term of the original contract, whichever period is
684	longer. Renewal of a contract for commodities or contractual
685	services shall be in writing and shall be subject to the same
686	terms and conditions set forth in the initial contract. If the
687	commodity or contractual service is purchased as a result of the
688	solicitation of bids, proposals, or replies, the price of the
689	commodity or contractual service to be renewed shall be
690	specified in the bid, proposal, or reply. A renewal contract may
691	not include any compensation for costs associated with the
692	renewal. Renewals shall be contingent upon satisfactory
693	performance evaluations by the agency and subject to the
694	availability of funds. Exceptional purchase contracts pursuant
695	to paragraphs (3)(5)(a) and (c) may not be renewed. With the
696	exception of subsection (11)(13), if a contract amendment
697	results in a longer contract term or increased payments, a state
698	agency may not renew or amend a contract for the outsourcing of
699	a service or activity that has an original term value exceeding
700	the sum of $10 million before submitting a written report
701	concerning contract performance to the Governor, the President
702	of the Senate, and the Speaker of the House of Representatives
703	at least 90 days before execution of the renewal or amendment.
704	(b)  The Department of Health shall enter into an
705	agreement, not to exceed 20 years, with a private contractor to
706	finance, design, and construct a hospital, of no more than 50
707	beds, for the treatment of patients with active tuberculosis and
708	to operate all aspects of daily operations within the facility.
709	The contractor may sponsor the issuance of tax-exempt
710	certificates of participation or other securities to finance the
711	project, and the state may enter into a lease-purchase agreement
712	for the facility. The department shall begin the implementation
713	of this initiative by July 1, 2008. This paragraph expires July
714	1, 2009.
715	(c)  In addition to any renewal authorized under paragraph
716	(a), contracts for community-based care lead agency services in
717	accordance with s. 409.1671(1)(e) may be renewed once for a term
718	not to exceed 5 years, provided that the lead agency currently
719	under contract is in compliance with the performance, fiscal,
720	and administrative standards established by the Department of
721	Children and Family Services and the agency head determines that
722	renewal of the contract without a competitive solicitation is in
723	the best interests of the children and families served.
724	(13)(15)  For each contractual services contract, the
725	agency shall designate an employee to function as contract
726	manager who shall be responsible for enforcing performance of
727	the contract terms and conditions and serve as a liaison with
728	the contractor. The agency shall establish procedures to ensure
729	that contractual services have been rendered in accordance with
730	the contract terms prior to processing the invoice for payment.
731	(14)(16)  Each agency shall designate at least one employee
732	who shall serve as a contract administrator responsible for
733	maintaining a contract file and financial information on all
734	contractual services contracts and who shall serve as a liaison
735	with the contract managers and the department.
736	(15)(17)  For a contract in excess of the threshold amount
737	provided in s. 287.017 for CATEGORY FOUR, the agency head shall
738	appoint:
739	(a)  At least three persons to evaluate proposals and
740	replies who collectively have experience and knowledge in the
741	program areas and service requirements for which commodities or
742	contractual services are sought.
743	(b)  At least three persons to conduct negotiations during
744	a competitive sealed reply procurement who collectively have
745	experience and knowledge in negotiating contracts, contract
746	procurement, and the program areas and service requirements for
747	which commodities or contractual services are sought. When the
748	value of a contract is in excess of $1 million in any fiscal
749	year, at least one of the persons conducting negotiations must
750	be certified as a contract negotiator based upon rules adopted
751	by the Department of Management Services in order to ensure that
752	certified contract negotiators are knowledgeable about effective
753	negotiation strategies, capable of successfully implementing
754	those strategies, and involved appropriately in the procurement
755	process. At a minimum, the rules must address the qualifications
756	required for certification, the method of certification, and the
757	procedure for involving the certified negotiator. If the value
758	of a contract is in excess of $10 million in any fiscal year, at
759	least one of the persons conducting negotiations must be a
760	Project Management Professional, as certified by the Project
761	Management Institute.
762	(16)(18)  A person who receives a contract that was not
763	subject to competitive procurement has not been procured
764	pursuant to subsections (1) through (5):
765	(a)  To perform a feasibility study of the potential
766	implementation of a subsequent contract;,
767	(b)  Who participates in the drafting of a solicitation;
768	(c)  To develop a business case for any outsourcing
769	project, as provided in s. 287.0571; or
770	(d)  Who develops a program for future implementation,
771
772	is not eligible to contract with the agency for any other
773	contracts dealing with that specific subject matter. Moreover,
774	and any firm in which such person has any interest is not
775	eligible to receive such contract. However, this prohibition
776	does not prevent a vendor who responds to a request for
777	information from being eligible to contract with an agency.
778	(17)(19)  Each agency shall establish a review and approval
779	process for all contractual services contracts costing more than
780	the threshold amount provided for in s. 287.017 for CATEGORY
781	THREE which shall include, but not be limited to, program,
782	financial, and legal review and approval. Such reviews and
783	approvals shall be obtained before the contract is executed.
784	(18)(20)  In any procurement that costs more than the
785	threshold amount provided for in s. 287.017 for CATEGORY TWO and
786	is accomplished without competition, the individuals taking part
787	in the development or selection of criteria for evaluation, the
788	evaluation process, and the award process shall attest in
789	writing that they are independent of, and have no conflict of
790	interest in, the entities evaluated and selected.
791	(19)(21)  Nothing in this section shall affect the validity
792	or effect of any contract in existence on October 1, 1990.
793	(20)(22)  An agency may contract for services with any
794	independent, nonprofit college or university which is located
795	within the state and is accredited by the Southern Association
796	of Colleges and Schools, on the same basis as it may contract
797	with any state university and college.
798	(21)(23)  The department, in consultation with the Agency
799	for Enterprise Information Technology and the Comptroller, shall
800	develop a program for online procurement of commodities and
801	contractual services. To enable the state to promote open
802	competition and to leverage its buying power, agencies shall
803	participate in the online procurement program, and eligible
804	users may participate in the program. Only vendors prequalified
805	as meeting mandatory requirements and qualifications criteria
806	may participate in online procurement.
807	(a)  The department, in consultation with the agency, may
808	contract for equipment and services necessary to develop and
809	implement online procurement.
810	(b)  The department, in consultation with the agency, shall
811	adopt rules, pursuant to ss. 120.536(1) and 120.54, to
812	administer the program for online procurement. The rules shall
813	include, but not be limited to:
814	1.  Determining the requirements and qualification criteria
815	for prequalifying vendors.
816	2.  Establishing the procedures for conducting online
817	procurement.
818	3.  Establishing the criteria for eligible commodities and
819	contractual services.
820	4.  Establishing the procedures for providing access to
821	online procurement.
822	5.  Determining the criteria warranting any exceptions to
823	participation in the online procurement program.
824	(c)  The department may impose and shall collect all fees
825	for the use of the online procurement systems.
826	1.  The fees may be imposed on an individual transaction
827	basis or as a fixed percentage of the cost savings generated. At
828	a minimum, the fees must be set in an amount sufficient to cover
829	the projected costs of the services, including administrative
830	and project service costs in accordance with the policies of the
831	department.
832	2.  If the department contracts with a provider for online
833	procurement, the department, pursuant to appropriation, shall
834	compensate the provider from the fees after the department has
835	satisfied all ongoing costs. The provider shall report
836	transaction data to the department each month so that the
837	department may determine the amount due and payable to the
838	department from each vendor.
839	3.  All fees that are due and payable to the state on a
840	transactional basis or as a fixed percentage of the cost savings
841	generated are subject to s. 215.31 and must be remitted within
842	40 days after receipt of payment for which the fees are due. For
843	fees that are not remitted within 40 days, the vendor shall pay
844	interest at the rate established under s. 55.03(1) on the unpaid
845	balance from the expiration of the 40-day period until the fees
846	are remitted.
847	4.  All fees and surcharges collected under this paragraph
848	shall be deposited in the Operating Trust Fund as provided by
849	law.
850	(22)(24)  Each solicitation for the procurement of
851	commodities or contractual services shall include the following
852	provision: "Respondents to this solicitation or persons acting
853	on their behalf may not contact, between the release of the
854	solicitation and the end of the 72-hour period following the
855	agency posting the notice of intended award, excluding
856	Saturdays, Sundays, and state holidays, any employee or officer
857	of the executive or legislative branch concerning any aspect of
858	this solicitation, except in writing to the procurement officer
859	or as provided in the solicitation documents. Violation of this
860	provision may be grounds for rejecting a response."
861	Section 5.  Section 287.0571, Florida Statutes, is amended
862	to read:
863	287.0571  Business case to outsource; applicability of ss.
864	287.0571-287.0574.-
865	(1)  Sections 287.0571-287.0574 may be cited as the
866	"Florida Efficient Government Act."
867	(1)(2)  It is the intent of the Legislature that each state
868	agency focus on its core mission and deliver services
869	effectively and efficiently by leveraging resources and
870	contracting with private sector vendors whenever vendors can
871	more effectively and efficiently provide services and reduce the
872	cost of government.
873	(2)(3)  It is further the intent of the Legislature that
874	business cases to outsource be evaluated for feasibility, cost-
875	effectiveness, and efficiency before a state agency proceeds
876	with any outsourcing of services.
877	(3)(4)  This section does Sections 287.0571-287.0574 do not
878	apply to:
879	(a)  A procurement of commodities and contractual services
880	listed in s. 287.057(3)(5)(e), (f), and (g) and (20)(22).
881	(b)  A procurement of contractual services subject to s.
882	287.055.
883	(c)  A contract in support of the planning, development,
884	implementation, operation, or maintenance of the road, bridge,
885	and public transportation construction program of the Department
886	of Transportation.
887	(d)  A procurement of commodities or contractual services
888	which does not constitute an outsourcing of services or
889	activities.
890	(4)  An agency shall complete a business case for any
891	outsourcing project with an expected cost in excess of $10
892	million within a single fiscal year. The business case shall be
893	submitted pursuant to s. 216.023. The business case shall be
894	available as part of the solicitation but is not subject to
895	challenge and shall include the following:
896	(a)  A detailed description of the service or activity for
897	which the outsourcing is proposed.
898	(b)  A description and analysis of the state agency's
899	current performance, based on existing performance metrics if
900	the state agency is currently performing the service or
901	activity.
902	(c)  The goals desired to be achieved through the proposed
903	outsourcing and the rationale for such goals.
904	(d)  A citation to the existing or proposed legal authority
905	for outsourcing the service or activity.
906	(e)  A description of available options for achieving the
907	goals. If state employees are currently performing the service
908	or activity, at least one option involving maintaining state
909	provision of the service or activity shall be included.
910	(f)  An analysis of the advantages and disadvantages of
911	each option, including, at a minimum, potential performance
912	improvements and risks.
913	(g)  A description of the current market for the
914	contractual services that are under consideration for
915	outsourcing.
916	(h)  A cost-benefit analysis documenting the direct and
917	indirect specific baseline costs, savings, and qualitative and
918	quantitative benefits involved in or resulting from the
919	implementation of the recommended option or options. Such
920	analysis must specify the schedule that, at a minimum, must be
921	adhered to in order to achieve the estimated savings. All
922	elements of cost must be clearly identified in the cost-benefit
923	analysis, described in the business case, and supported by
924	applicable records and reports. The state agency head shall
925	attest that, based on the data and information underlying the
926	business case, to the best of his or her knowledge, all
927	projected costs, savings, and benefits are valid and achievable.
928	As used in this section, the term "cost" means the reasonable,
929	relevant, and verifiable cost, which may include, but is not
930	limited to, elements such as personnel, materials and supplies,
931	services, equipment, capital depreciation, rent, maintenance and
932	repairs, utilities, insurance, personnel travel, overhead, and
933	interim and final payments. The appropriate elements shall
934	depend on the nature of the specific initiative. As used in this
935	section, the term "savings" means the difference between the
936	direct and indirect actual annual baseline costs compared to the
937	projected annual cost for the contracted functions or
938	responsibilities in any succeeding state fiscal year during the
939	term of the contract.
940	(i)  A description of differences among current state
941	agency policies and processes and, as appropriate, a discussion
942	of options for or a plan to standardize, consolidate, or revise
943	current policies and processes, if any, to reduce the
944	customization of any proposed solution that would otherwise be
945	required.
946	(j)  A description of the specific performance standards
947	that must, at a minimum, be met to ensure adequate performance.
948	(k)  The projected timeframe for key events from the
949	beginning of the procurement process through the expiration of a
950	contract.
951	(l)  A plan to ensure compliance with the public records
952	law.
953	(m)  A specific and feasible contingency plan addressing
954	contractor nonperformance and a description of the tasks
955	involved in and costs required for its implementation.
956	(n)  A state agency's transition plan for addressing
957	changes in the number of agency personnel, affected business
958	processes, employee transition issues, and communication with
959	affected stakeholders, such as agency clients and the public.
960	The transition plan must contain a reemployment and retraining
961	assistance plan for employees who are not retained by the state
962	agency or employed by the contractor.
963	(o)  A plan for ensuring access by persons with
964	disabilities in compliance with applicable state and federal
965	law.
966	(5)  In addition to the contract requirements provided in
967	s. 287.058, each contract for a proposed outsourcing, pursuant
968	to this section, must include, but need not be limited to, the
969	following contractual provisions:
970	(a)  A scope-of-work provision that clearly specifies each
971	service or deliverable to be provided, including a description
972	of each deliverable or activity that is quantifiable,
973	measurable, and verifiable. This provision must include a clause
974	that states if a particular service or deliverable is
975	inadvertently omitted or not clearly specified but determined to
976	be operationally necessary and verified to have been performed
977	by the agency within the 12 months before the execution of the
978	contract, such service or deliverable will be provided by the
979	contractor through the identified contract-amendment process.
980	(b)  A service-level-agreement provision describing all
981	services to be provided under the terms of the agreement, the
982	state agency's service requirements and performance objectives,
983	specific responsibilities of the state agency and the
984	contractor, and the process for amending any portion of the
985	service-level agreement. Each service-level agreement must
986	contain an exclusivity clause that allows the state agency to
987	retain the right to perform the service or activity, directly or
988	with another contractor, if service levels are not being
989	achieved.
990	(c)  A provision that identifies all associated costs,
991	specific payment terms, and payment schedules, including
992	provisions governing incentives and financial disincentives and
993	criteria governing payment.
994	(d)  A provision that identifies a clear and specific
995	transition plan that will be implemented in order to complete
996	all required activities needed to transfer the service or
997	activity from the state agency to the contractor and operate the
998	service or activity successfully.
999	(e)  A performance-standards provision that identifies all
1000	required performance standards, which must include, at a
1001	minimum:
1002	1.  Detailed and measurable acceptance criteria for each
1003	deliverable and service to be provided to the state agency under
1004	the terms of the contract which document the required
1005	performance level.
1006	2.  A method for monitoring and reporting progress in
1007	achieving specified performance standards and levels.
1008	3.  The sanctions or disincentives that shall be imposed
1009	for nonperformance by the contractor or state agency.
1010	(f)  A provision that requires the contractor and its
1011	subcontractors to maintain adequate accounting records that
1012	comply with all applicable federal and state laws and generally
1013	accepted accounting principles.
1014	(g)  A provision that authorizes the state agency to have
1015	access to and to audit all records related to the contract and
1016	subcontracts, or any responsibilities or functions under the
1017	contract and subcontracts, for purposes of legislative
1018	oversight, and a requirement for audits by a service
1019	organization in accordance with professional auditing standards,
1020	if appropriate.
1021	(h)  A provision that requires the contractor to interview
1022	and consider for employment with the contractor each displaced
1023	state employee who is interested in such employment.
1024	(i)  A contingency-plan provision that describes the
1025	mechanism for continuing the operation of the service or
1026	activity, including transferring the service or activity back to
1027	the state agency or successor contractor if the contractor fails
1028	to perform and comply with the performance standards and levels
1029	of the contract and the contract is terminated.
1030	(j)  A provision that requires the contractor and its
1031	subcontractors to comply with public records laws, specifically
1032	to:
1033	1.  Keep and maintain the public records that ordinarily
1034	and necessarily would be required by the state agency in order
1035	to perform the service or activity.
1036	2.  Provide the public with access to such public records
1037	on the same terms and conditions that the state agency would
1038	provide the records and at a cost that does not exceed that
1039	provided in chapter 119 or as otherwise provided by law.
1040	3.  Ensure that records that are exempt or records that are
1041	confidential and exempt are not disclosed except as authorized
1042	by law.
1043	4.  Meet all requirements for retaining records and
1044	transfer to the state agency, at no cost, all public records in
1045	possession of the contractor upon termination of the contract
1046	and destroy any duplicate public records that are exempt or
1047	confidential and exempt. All records stored electronically must
1048	be provided to the state agency in a format that is compatible
1049	with the information technology systems of the state agency.
1050	(k)1.  A provision that provides that any copyrightable or
1051	patentable intellectual property produced as a result of work or
1052	services performed under the contract, or in any way connected
1053	with the contract, shall be the property of the state, with only
1054	such exceptions as are clearly expressed and reasonably valued
1055	in the contract.
1056	2.  A provision that provides that, if the primary purpose
1057	of the contract is the creation of intellectual property, the
1058	state shall retain an unencumbered right to use such property.
1059	(l)  If applicable, a provision that allows the agency to
1060	purchase from the contractor, at its depreciated value, assets
1061	used by the contractor in the performance of the contract. If
1062	assets have not depreciated, the agency shall retain the right
1063	to negotiate to purchase at an agreed-upon cost.
1064	Section 6.  Section 287.05721, Florida Statutes, is
1065	repealed.
1066	Section 7.  Section 287.0575, Florida Statutes, is created
1067	to read:
1068	287.0575  Coordination of contracted services.-The
1069	following duties and responsibilities of the Department of
1070	Children and Family Services, the Agency for Persons with
1071	Disabilities, the Department of Health, the Department of
1072	Elderly Affairs, and the Florida Department of Veterans Affairs,
1073	and service providers under contract to those agencies, are
1074	established:
1075	(1)  No later than August 1, 2010, or upon entering into
1076	any new contract for health and human services, state agencies
1077	contracting for health and human services must notify their
1078	contract service providers of the requirements of this section.
1079	(2)  No later than October 1, 2010, contract service
1080	providers that have more than one contract with one or more
1081	state agencies to provide health and human services must provide
1082	to each of their contract managers a comprehensive list of their
1083	health and human services contracts. The list must include the
1084	following information:
1085	(a)  The name of each contracting state agency and the
1086	applicable office or program issuing the contract.
1087	(b)  The identifying name and number of each contract.
1088	(c)  The starting and ending date of each contract.
1089	(d)  The amount of each contract.
1090	(e)  A brief description of the purpose of the contract and
1091	the types of services provided under each contract.
1092	(f)  The name and contact information of the contract
1093	manager.
1094	(3)  With respect to contracts entered into after August 1,
1095	2010, effective November 1, 2010, or 30 days after receiving the
1096	list provided under subsection (2), a single lead administrative
1097	coordinator for each contract service provider shall be
1098	designated as provided in this subsection from among the
1099	agencies having multiple contracts as provided in subsection
1100	(2). On or before the date such responsibilities are assumed,
1101	the designated lead administrative coordinator shall provide
1102	notice of his or her designation to the contract service
1103	provider and to the agency contract managers for each affected
1104	contract. Unless another lead administrative coordinator is
1105	selected by agreement of all affected contract managers, the
1106	designated lead administrative coordinator shall be the agency
1107	contract manager of the contract with the highest dollar value
1108	over the term of the contract, provided the term of the contract
1109	remaining at the time of designation exceeds 24 months. If the
1110	remaining terms of all contracts are 24 months or less, the
1111	designated lead administrative coordinator shall be the contract
1112	manager of the contract with the latest end date. A designated
1113	lead administrative coordinator, or his or her successor as
1114	contract manager, shall continue as lead administrative
1115	coordinator until another lead administrative coordinator is
1116	selected by agreement of all affected contract managers or until
1117	the end date of the contract for which the designated lead
1118	administrative coordinator serves as contract manager, at which
1119	time a new lead administrative coordinator shall be designated
1120	pursuant to this subsection if applicable.
1121	(4)  The designated lead administrative coordinator shall
1122	be responsible for:
1123	(a)  Establishing a coordinated schedule for administrative
1124	and fiscal monitoring;
1125	(b)  Consulting with other case managers to establish a
1126	single unified set of required administrative and fiscal
1127	documentation;
1128	(c)  Consulting with other case managers to establish a
1129	single unified schedule for periodic updates of administrative
1130	and fiscal information; and
1131	(d)  Maintaining an accessible electronic file of up-to-
1132	date administrative and fiscal documents, including, but not
1133	limited to, corporate documents, membership records, audits, and
1134	monitoring reports.
1135	(5)  Contract managers for agency contracts other than the
1136	designated lead administrative coordinator must conduct
1137	administrative and fiscal monitoring activities in accordance
1138	with the coordinated schedule and must obtain any necessary
1139	administrative and fiscal documents from the designated lead
1140	administrative coordinator's electronic file.
1141	(6)  This section does not apply to routine program
1142	performance monitoring or prohibit a contracting agency from
1143	directly and immediately contacting the service provider when
1144	the health or safety of clients is at risk.
1145	(7)  Annually, each agency contracting for health and human
1146	services shall evaluate the performance of its designated lead
1147	administrative coordinator in establishing coordinated systems,
1148	improving efficiency, and reducing redundant monitoring
1149	activities for state agencies and their service providers. The
1150	report shall be submitted to the Governor, the President of the
1151	Senate and the Speaker of the House of Representatives.
1152	Section 8.  Section 287.0573, Florida Statutes, is
1153	repealed.
1154	Section 9.  Section 287.0574, Florida Statutes, is
1155	repealed.
1156	Section 10.  Subsections (2) and (3) of section 283.32,
1157	Florida Statutes, are amended to read:
1158	283.32  Recycled paper to be used by each agency; printing
1159	bids certifying use of recycled paper; percentage preference in
1160	awarding contracts.-
1161	(2)  Each agency shall require a vendor that submits a bid
1162	for a contract for printing and that wishes to be considered for
1163	the price preference described in s. 287.045 to certify in
1164	writing the percentage of recycled content of the material used
1165	for such printing. Such vendor may certify that the material
1166	contains no recycled content.
1167	(3)  Upon evaluation of bids for each printing contract,
1168	the agency shall identify the lowest responsive bid and any
1169	other responsive bids in which it has been certified that the
1170	materials used in printing contain at least the minimum
1171	percentage of recycled content that is set forth by the
1172	department. In awarding a contract for printing, the agency may
1173	allow up to a 10-percent price preference, as provided in s.
1174	287.045, to a responsible and responsive vendor that has
1175	certified that the materials used in printing contain at least
1176	the minimum percentage of recycled content established by the
1177	department. If no vendors offer materials for printing that
1178	contain the minimum prescribed recycled content, the contract
1179	shall be awarded to the responsible vendor that submits the
1180	lowest responsive bid.
1181	Section 11.  Subsection (1) of section 403.7065, Florida
1182	Statutes, is amended to read:
1183	403.7065  Procurement of products or materials with
1184	recycled content.-
1185	(1)  Except as provided in s. 287.045, Any state agency or
1186	agency of a political subdivision of the state which is using
1187	state funds, or any person contracting with any such agency with
1188	respect to work performed under contract, is required to procure
1189	products or materials with recycled content when the Department
1190	of Management Services determines that those products or
1191	materials are available. A decision not to procure such items
1192	must be based on the Department of Management Services'
1193	determination that such procurement is not reasonably available
1194	within an acceptable period of time, fails to meet the
1195	performance standards set forth in the applicable
1196	specifications, or fails to meet the performance standards of
1197	the agency. When the requirements of s. 287.045 are met,
1198	agencies shall be subject to the procurement requirements of
1199	that section for procuring products or materials with recycled
1200	content.
1201	Section 12.  Paragraph (d) of subsection (4) of section
1202	14.204, Florida Statutes, is amended to read:
1203	14.204  Agency for Enterprise Information Technology.-The
1204	Agency for Enterprise Information Technology is created within
1205	the Executive Office of the Governor.
1206	(4)  The agency shall have the following duties and
1207	responsibilities:
1208	(d)  Plan and establish policies for managing proposed
1209	statutorily authorized enterprise information technology
1210	services, which includes:
1211	1.  Developing business cases that, when applicable,
1212	include the components identified in s. 287.0571 287.0574;
1213	2.  Establishing and coordinating project-management teams;
1214	3.  Establishing formal risk-assessment and mitigation
1215	processes; and
1216	4.  Providing for independent monitoring of projects for
1217	recommended corrective actions.
1218	Section 13.  Subsection (1) of section 43.16, Florida
1219	Statutes, is amended to read:
1220	43.16  Justice Administrative Commission; membership,
1221	powers and duties.-
1222	(1)  There is hereby created a Justice Administrative
1223	Commission, with headquarters located in the state capital. The
1224	necessary office space for use of the commission shall be
1225	furnished by the proper state agency in charge of state
1226	buildings. For purposes of the fees imposed on agencies pursuant
1227	to s. 287.057(21)(23), the Justice Administrative Commission
1228	shall be exempt from such fees.
1229	Section 14.  Paragraph (e) of subsection (1) of section
1230	61.1826, Florida Statutes, is amended to read:
1231	61.1826  Procurement of services for State Disbursement
1232	Unit and the non-Title IV-D component of the State Case
1233	Registry; contracts and cooperative agreements; penalties;
1234	withholding payment.-
1235	(1)  LEGISLATIVE FINDINGS.-The Legislature finds that the
1236	clerks of court play a vital role, as essential participants in
1237	the establishment, modification, collection, and enforcement of
1238	child support, in securing the health, safety, and welfare of
1239	the children of this state. The Legislature further finds and
1240	declares that:
1241	(e)  The potential loss of substantial federal funds poses
1242	a direct and immediate threat to the health, safety, and welfare
1243	of the children and citizens of the state and constitutes an
1244	emergency for purposes of s. 287.057(3)(5)(a).
1245
1246	For these reasons, the Legislature hereby directs the Department
1247	of Revenue, subject to the provisions of subsection (5), to
1248	contract with the Florida Association of Court Clerks and each
1249	depository to perform duties with respect to the operation and
1250	maintenance of a State Disbursement Unit and the non-Title IV-D
1251	component of the State Case Registry as further provided by this
1252	section.
1253	Section 15.  Paragraph (h) of subsection (1) of section
1254	112.3215, Florida Statutes, is amended to read:
1255	112.3215  Lobbying before the executive branch or the
1256	Constitution Revision Commission; registration and reporting;
1257	investigation by commission.-
1258	(1)  For the purposes of this section:
1259	(h)  "Lobbyist" means a person who is employed and receives
1260	payment, or who contracts for economic consideration, for the
1261	purpose of lobbying, or a person who is principally employed for
1262	governmental affairs by another person or governmental entity to
1263	lobby on behalf of that other person or governmental entity.
1264	"Lobbyist" does not include a person who is:
1265	1.  An attorney, or any person, who represents a client in
1266	a judicial proceeding or in a formal administrative proceeding
1267	conducted pursuant to chapter 120 or any other formal hearing
1268	before an agency, board, commission, or authority of this state.
1269	2.  An employee of an agency or of a legislative or
1270	judicial branch entity acting in the normal course of his or her
1271	duties.
1272	3.  A confidential informant who is providing, or wishes to
1273	provide, confidential information to be used for law enforcement
1274	purposes.
1275	4.  A person who lobbies to procure a contract pursuant to
1276	chapter 287 which contract is less than the threshold for
1277	CATEGORY ONE as provided in s. 287.017(1)(a).
1278	Section 16.  Paragraph (h) of subsection (3) of section
1279	255.25, Florida Statutes, is amended to read:
1280	255.25  Approval required prior to construction or lease of
1281	buildings.-
1282	(3)
1283	(h)  The Department of Management Services may, pursuant to
1284	s. 287.042(2)(a), procure a term contract for real estate
1285	consulting and brokerage services. A state agency may not
1286	purchase services from the contract unless the contract has been
1287	procured under s. 287.057(1), (2), or (3) after March 1, 2007,
1288	and contains the following provisions or requirements:
1289	1.  Awarded brokers must maintain an office or presence in
1290	the market served. In awarding the contract, preference must be
1291	given to brokers that are licensed in this state under chapter
1292	475 and that have 3 or more years of experience in the market
1293	served. The contract may be made with up to three tenant brokers
1294	in order to serve the marketplace in the north, central, and
1295	south areas of the state.
1296	2.  Each contracted tenant broker shall work under the
1297	direction, supervision, and authority of the state agency,
1298	subject to the rules governing lease procurements.
1299	3.  The department shall provide training for the awarded
1300	tenant brokers concerning the rules governing the procurement of
1301	leases.
1302	4.  Tenant brokers must comply with all applicable
1303	provisions of s. 475.278.
1304	5.  Real estate consultants and tenant brokers shall be
1305	compensated by the state agency, subject to the provisions of
1306	the term contract, and such compensation is subject to
1307	appropriation by the Legislature. A real estate consultant or
1308	tenant broker may not receive compensation directly from a
1309	lessor for services that are rendered under the term contract.
1310	Moneys paid to a real estate consultant or tenant broker are
1311	exempt from any charge imposed under s. 287.1345. Moneys paid by
1312	a lessor to the state agency under a facility leasing
1313	arrangement are not subject to the charges imposed under s.
1314	215.20. All terms relating to the compensation of the real
1315	estate consultant or tenant broker shall be specified in the
1316	term contract and may not be supplemented or modified by the
1317	state agency using the contract.
1318	6.  The department shall conduct periodic customer-
1319	satisfaction surveys.
1320	7.  Each state agency shall report the following
1321	information to the department:
1322	a.  The number of leases that adhere to the goal of the
1323	workspace-management initiative of 180 square feet per FTE.
1324	b.  The quality of space leased and the adequacy of tenant-
1325	improvement funds.
1326	c.  The timeliness of lease procurement, measured from the
1327	date of the agency's request to the finalization of the lease.
1328	d.  Whether cost-benefit analyses were performed before
1329	execution of the lease in order to ensure that the lease is in
1330	the best interest of the state.
1331	e.  The lease costs compared to market rates for similar
1332	types and classifications of space according to the official
1333	classifications of the Building Owners and Managers Association.
1334	Section 17.  Subsection (1) of section 283.33, Florida
1335	Statutes, is amended to read:
1336	283.33  Printing of publications; lowest bidder awards.-
1337	(1)  Publications may be printed and prepared in-house, by
1338	another agency or the Legislature, or purchased on bid,
1339	whichever is more economical and practicable as determined by
1340	the agency. An agency may contract for binding separately when
1341	more economical or practicable, whether or not the remainder of
1342	the printing is done in-house. A vendor may subcontract for
1343	binding and still be considered a responsible vendor,
1344	notwithstanding s. 287.012(23)(24).
1345	Section 18.  Paragraph (a) of subsection (2) of section
1346	286.0113, Florida Statutes, is amended to read:
1347	286.0113  General exemptions from public meetings.-
1348	(2)(a)  A meeting at which a negotiation with a vendor is
1349	conducted pursuant to s. 287.057(1)(3) is exempt from s. 286.011
1350	and s. 24(b), Art. I of the State Constitution.
1351	Section 19.  Subsection (1) of section 287.022, Florida
1352	Statutes, is amended to read:
1353	287.022  Purchase of insurance.-
1354	(1)  Insurance, while not a commodity, nevertheless shall
1355	be purchased for all agencies by the department, except that
1356	agencies may purchase title insurance for land acquisition and
1357	may make emergency purchases of insurance pursuant to s.
1358	287.057(3)(5)(a). The procedures for purchasing insurance,
1359	whether the purchase is made by the department or by the
1360	agencies, shall be the same as those set forth herein for the
1361	purchase of commodities.
1362	Section 20.  Paragraph (f) of subsection (1) and subsection
1363	(5) of section 287.058, Florida Statutes, are amended to read:
1364	287.058  Contract document.-
1365	(1)  Every procurement of contractual services in excess of
1366	the threshold amount provided in s. 287.017 for CATEGORY TWO,
1367	except for the providing of health and mental health services or
1368	drugs in the examination, diagnosis, or treatment of sick or
1369	injured state employees or the providing of other benefits as
1370	required by the provisions of chapter 440, shall be evidenced by
1371	a written agreement embodying all provisions and conditions of
1372	the procurement of such services, which provisions and
1373	conditions shall, where applicable, include, but shall not be
1374	limited to:
1375	(f)  A provision specifying that the contract may be
1376	renewed for a period that may not exceed 3 years or the term of
1377	the original contract, whichever period is longer, specifying
1378	the renewal price for the contractual service as set forth in
1379	the bid, proposal, or reply, specifying that costs for the
1380	renewal may not be charged, and specifying that renewals shall
1381	be contingent upon satisfactory performance evaluations by the
1382	agency and subject to the availability of funds. Exceptional
1383	purchase contracts pursuant to s. 287.057(3)(5)(a) and (c) may
1384	not be renewed.
1385
1386	In lieu of a written agreement, the department may authorize the
1387	use of a purchase order for classes of contractual services, if
1388	the provisions of paragraphs (a)-(f) are included in the
1389	purchase order or solicitation. The purchase order must include,
1390	but need not be limited to, an adequate description of the
1391	services, the contract period, and the method of payment. In
1392	lieu of printing the provisions of paragraphs (a)-(f) in the
1393	contract document or purchase order, agencies may incorporate
1394	the requirements of paragraphs (a)-(f) by reference.
1395	(5)  Unless otherwise provided in the General
1396	Appropriations Act or the substantive bill implementing the
1397	General Appropriations Act, the Chief Financial Officer may
1398	waive the requirements of this section for services which are
1399	included in s. 287.057(3)(5)(f).
1400	Section 21.  Subsection (14) of section 287.059, Florida
1401	Statutes, is amended to read:
1402	287.059  Private attorney services.-
1403	(14)  The office of the Attorney General is authorized to
1404	competitively bid and contract with one or more court reporting
1405	services, on a circuitwide basis, on behalf of all state
1406	agencies in accordance with s. 287.057(2). The office of the
1407	Attorney General shall develop requests for proposal for court
1408	reporter services in consultation with the Florida Court
1409	Reporters Association. All agencies shall utilize the contracts
1410	for court reporting services entered into by the office of the
1411	Attorney General where in force, unless otherwise ordered by a
1412	court or unless an agency has a contract for court reporting
1413	services executed prior to May 5, 1993.
1414	Section 22.  Paragraph (b) of subsection (4) of section
1415	295.187, Florida Statutes, is amended to read:
1416	295.187  Florida Service-Disabled Veteran Business
1417	Enterprise Opportunity Act.-
1418	(4)  VENDOR PREFERENCE.-
1419	(b)  Notwithstanding s. 287.057(10)(12), if a service-
1420	disabled veteran business enterprise entitled to the vendor
1421	preference under this section and one or more businesses
1422	entitled to this preference or another vendor preference
1423	provided by law submit bids, proposals, or replies for
1424	procurement of commodities or contractual services that are
1425	equal with respect to all relevant considerations, including
1426	price, quality, and service, then the state agency shall award
1427	the procurement or contract to the business having the smallest
1428	net worth.
1429	Section 23.  Subsection (3) of section 394.457, Florida
1430	Statutes, is amended to read:
1431	394.457  Operation and administration.-
1432	(3)  POWER TO CONTRACT.-The department may contract to
1433	provide, and be provided with, services and facilities in order
1434	to carry out its responsibilities under this part with the
1435	following agencies: public and private hospitals; receiving and
1436	treatment facilities; clinics; laboratories; departments,
1437	divisions, and other units of state government; the state
1438	colleges and universities; the community colleges; private
1439	colleges and universities; counties, municipalities, and any
1440	other governmental unit, including facilities of the United
1441	States Government; and any other public or private entity which
1442	provides or needs facilities or services. Baker Act funds for
1443	community inpatient, crisis stabilization, short-term
1444	residential treatment, and screening services must be allocated
1445	to each county pursuant to the department's funding allocation
1446	methodology. Notwithstanding the provisions of s.
1447	287.057(3)(5)(f), contracts for community-based Baker Act
1448	services for inpatient, crisis stabilization, short-term
1449	residential treatment, and screening provided under this part,
1450	other than those with other units of government, to be provided
1451	for the department must be awarded using competitive sealed bids
1452	when the county commission of the county receiving the services
1453	makes a request to the department's district office by January
1454	15 of the contracting year. The district shall not enter into a
1455	competitively bid contract under this provision if such action
1456	will result in increases of state or local expenditures for
1457	Baker Act services within the district. Contracts for these
1458	Baker Act services using competitive sealed bids will be
1459	effective for 3 years. The department shall adopt rules
1460	establishing minimum standards for such contracted services and
1461	facilities and shall make periodic audits and inspections to
1462	assure that the contracted services are provided and meet the
1463	standards of the department.
1464	Section 24.  Paragraph (a) of subsection (1) of section
1465	394.47865, Florida Statutes, is amended to read:
1466	394.47865  South Florida State Hospital; privatization.-
1467	(1)  The Department of Children and Family Services shall,
1468	through a request for proposals, privatize South Florida State
1469	Hospital. The department shall plan to begin implementation of
1470	this privatization initiative by July 1, 1998.
1471	(a)  Notwithstanding s. 287.057(12)(14), the department may
1472	enter into agreements, not to exceed 20 years, with a private
1473	provider, a coalition of providers, or another agency to
1474	finance, design, and construct a treatment facility having up to
1475	350 beds and to operate all aspects of daily operations within
1476	the facility. The department may subcontract any or all
1477	components of this procurement to a statutorily established
1478	state governmental entity that has successfully contracted with
1479	private companies for designing, financing, acquiring, leasing,
1480	constructing, and operating major privatized state facilities.
1481	Section 25.  Paragraph (c) of subsection (5) and subsection
1482	(8) of section 402.40, Florida Statutes, are amended to read:
1483	402.40  Child welfare training.-
1484	(5)  CORE COMPETENCIES.-
1485	(c)  Notwithstanding s. 287.057(3)(5) and (20)(22), the
1486	department shall competitively solicit and contract for the
1487	development, validation, and periodic evaluation of the training
1488	curricula for the established single integrated curriculum. No
1489	more than one training curriculum may be developed for each
1490	specific subset of the core competencies.
1491	(8)  ESTABLISHMENT OF TRAINING ACADEMIES.-The department
1492	shall establish child welfare training academies as part of a
1493	comprehensive system of child welfare training. In establishing
1494	a program of training, the department may contract for the
1495	operation of one or more training academies to perform one or
1496	more of the following: to offer one or more of the training
1497	curricula developed under subsection (5); to administer the
1498	certification process; to develop, validate, and periodically
1499	evaluate additional training curricula determined to be
1500	necessary, including advanced training that is specific to a
1501	region or contractor, or that meets a particular training need;
1502	or to offer the additional training curricula. The number,
1503	location, and timeframe for establishment of training academies
1504	shall be approved by the Secretary of Children and Family
1505	Services who shall ensure that the goals for the core
1506	competencies and the single integrated curriculum, the
1507	certification process, the trainer qualifications, and the
1508	additional training needs are addressed. Notwithstanding s.
1509	287.057(3)(5) and (20)(22), the department shall competitively
1510	solicit all training academy contracts.
1511	Section 26.  Paragraphs (a) and (b) of subsection (2) and
1512	subsection (3) of section 402.7305, Florida Statutes, are
1513	amended to read:
1514	402.7305  Department of Children and Family Services;
1515	procurement of contractual services; contract management.-
1516	(2)  PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.-
1517	(a)  Notwithstanding s. 287.057(3)(f)11. s.
1518	287.057(5)(f)13., whenever the department intends to contract
1519	with a public postsecondary institution to provide a service,
1520	the department must allow all public postsecondary institutions
1521	in this state that are accredited by the Southern Association of
1522	Colleges and Schools to bid on the contract. Thereafter,
1523	notwithstanding any other provision to the contrary, if a public
1524	postsecondary institution intends to subcontract for any service
1525	awarded in the contract, the subcontracted service must be
1526	procured by competitive procedures.
1527	(b)  When it is in the best interest of a defined segment
1528	of its consumer population, the department may competitively
1529	procure and contract for systems of treatment or service that
1530	involve multiple providers, rather than procuring and
1531	contracting for treatment or services separately from each
1532	participating provider. The department must ensure that all
1533	providers that participate in the treatment or service system
1534	meet all applicable statutory, regulatory, service quality, and
1535	cost control requirements. If other governmental entities or
1536	units of special purpose government contribute matching funds to
1537	the support of a given system of treatment or service, the
1538	department shall formally request information from those funding
1539	entities in the procurement process and may take the information
1540	received into account in the selection process. If a local
1541	government contributes matching funds to support the system of
1542	treatment or contracted service and if the match constitutes at
1543	least 25 percent of the value of the contract, the department
1544	shall afford the governmental match contributor an opportunity
1545	to name an employee as one of the persons required by s.
1546	287.057(15)(17) to evaluate or negotiate certain contracts,
1547	unless the department sets forth in writing the reason why the
1548	inclusion would be contrary to the best interest of the state.
1549	Any employee so named by the governmental match contributor
1550	shall qualify as one of the persons required by s.
1551	287.057(15)(17). A governmental entity or unit of special
1552	purpose government may not name an employee as one of the
1553	persons required by s. 287.057(15)(17) if it, or any of its
1554	political subdivisions, executive agencies, or special
1555	districts, intends to compete for the contract to be awarded.
1556	The governmental funding entity or contributor of matching funds
1557	must comply with all procurement procedures set forth in s.
1558	287.057 when appropriate and required.
1559	(3)  CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.-The
1560	Department of Children and Family Services shall review the time
1561	period for which the department executes contracts and shall
1562	execute multiyear contracts to make the most efficient use of
1563	the resources devoted to contract processing and execution.
1564	Whenever the department chooses not to use a multiyear contract,
1565	a justification for that decision must be contained in the
1566	contract. Notwithstanding s. 287.057(13)(15), the department is
1567	responsible for establishing a contract management process that
1568	requires a member of the department's Senior Management or
1569	Selected Exempt Service to assign in writing the responsibility
1570	of a contract to a contract manager. The department shall
1571	maintain a set of procedures describing its contract management
1572	process which must minimally include the following requirements:
1573	(a)  The contract manager shall maintain the official
1574	contract file throughout the duration of the contract and for a
1575	period not less than 6 years after the termination of the
1576	contract.
1577	(b)  The contract manager shall review all invoices for
1578	compliance with the criteria and payment schedule provided for
1579	in the contract and shall approve payment of all invoices before
1580	their transmission to the Department of Financial Services for
1581	payment.
1582	(c)  The contract manager shall maintain a schedule of
1583	payments and total amounts disbursed and shall periodically
1584	reconcile the records with the state's official accounting
1585	records.
1586	(d)  For contracts involving the provision of direct client
1587	services, the contract manager shall periodically visit the
1588	physical location where the services are delivered and speak
1589	directly to clients receiving the services and the staff
1590	responsible for delivering the services.
1591	(e)  The contract manager shall meet at least once a month
1592	directly with the contractor's representative and maintain
1593	records of such meetings.
1594	(f)  The contract manager shall periodically document any
1595	differences between the required performance measures and the
1596	actual performance measures. If a contractor fails to meet and
1597	comply with the performance measures established in the
1598	contract, the department may allow a reasonable period for the
1599	contractor to correct performance deficiencies. If performance
1600	deficiencies are not resolved to the satisfaction of the
1601	department within the prescribed time, and if no extenuating
1602	circumstances can be documented by the contractor to the
1603	department's satisfaction, the department must terminate the
1604	contract. The department may not enter into a new contract with
1605	that same contractor for the services for which the contract was
1606	previously terminated for a period of at least 24 months after
1607	the date of termination. The contract manager shall obtain and
1608	enforce corrective action plans, if appropriate, and maintain
1609	records regarding the completion or failure to complete
1610	corrective action items.
1611	(g)  The contract manager shall document any contract
1612	modifications, which shall include recording any contract
1613	amendments as provided for in this section.
1614	(h)  The contract manager shall be properly trained before
1615	being assigned responsibility for any contract.
1616	Section 27.  Subsection (2) of section 408.045, Florida
1617	Statutes, is amended to read:
1618	408.045  Certificate of need; competitive sealed
1619	proposals.-
1620	(2)  The agency shall make a decision regarding the
1621	issuance of the certificate of need in accordance with the
1622	provisions of s. 287.057(15)(17), rules adopted by the agency
1623	relating to intermediate care facilities for the developmentally
1624	disabled, and the criteria in s. 408.035, as further defined by
1625	rule.
1626	Section 28.  Subsection (3) of section 427.0135, Florida
1627	Statutes, is amended to read:
1628	427.0135  Purchasing agencies; duties and
1629	responsibilities.-Each purchasing agency, in carrying out the
1630	policies and procedures of the commission, shall:
1631	(3)  Not procure transportation disadvantaged services
1632	without initially negotiating with the commission, as provided
1633	in s. 287.057(3)(f)11. s. 287.057(5)(f)13., or unless otherwise
1634	authorized by statute. If the purchasing agency, after
1635	consultation with the commission, determines that it cannot
1636	reach mutually acceptable contract terms with the commission,
1637	the purchasing agency may contract for the same transportation
1638	services provided in a more cost-effective manner and of
1639	comparable or higher quality and standards. The Medicaid agency
1640	shall implement this subsection in a manner consistent with s.
1641	409.908(18) and as otherwise limited or directed by the General
1642	Appropriations Act.
1643	Section 29.  Paragraph (c) of subsection (5) of section
1644	445.024, Florida Statutes, is amended to read:
1645	445.024  Work requirements.-
1646	(5)  USE OF CONTRACTS.-Regional workforce boards shall
1647	provide work activities, training, and other services, as
1648	appropriate, through contracts. In contracting for work
1649	activities, training, or services, the following applies:
1650	(c)  Notwithstanding the exemption from the competitive
1651	sealed bid requirements provided in s. 287.057(3)(5)(f) for
1652	certain contractual services, each contract awarded under this
1653	chapter must be awarded on the basis of a competitive sealed
1654	bid, except for a contract with a governmental entity as
1655	determined by the regional workforce board.
1656	Section 30.  Paragraph (b) of subsection (3) of section
1657	481.205, Florida Statutes, is amended to read:
1658	481.205  Board of Architecture and Interior Design.-
1659	(3)
1660	(b)  The board shall contract with a corporation or other
1661	business entity pursuant to s. 287.057(3) to provide
1662	investigative, legal, prosecutorial, and other services
1663	necessary to perform its duties.
1664	Section 31.  Subsection (41) of section 570.07, Florida
1665	Statutes, is amended to read:
1666	570.07  Department of Agriculture and Consumer Services;
1667	functions, powers, and duties.-The department shall have and
1668	exercise the following functions, powers, and duties:
1669	(41)  Notwithstanding the provisions of s. 287.057(21)(23)
1670	that require all agencies to use the online procurement system
1671	developed by the Department of Management Services, the
1672	department may continue to use its own online system. However,
1673	vendors utilizing such system shall be prequalified as meeting
1674	mandatory requirements and qualifications and shall remit fees
1675	pursuant to s. 287.057(21)(23), and any rules implementing s.
1676	287.057.
1677	Section 32.  Paragraph (c) of subsection (5) of section
1678	627.311, Florida Statutes, is amended to read:
1679	627.311  Joint underwriters and joint reinsurers; public
1680	records and public meetings exemptions.-
1681	(5)
1682	(c)  The operation of the plan shall be governed by a plan
1683	of operation that is prepared at the direction of the board of
1684	governors and approved by order of the office. The plan is
1685	subject to continuous review by the office. The office may, by
1686	order, withdraw approval of all or part of a plan if the office
1687	determines that conditions have changed since approval was
1688	granted and that the purposes of the plan require changes in the
1689	plan. The plan of operation shall:
1690	1.  Authorize the board to engage in the activities
1691	necessary to implement this subsection, including, but not
1692	limited to, borrowing money.
1693	2.  Develop criteria for eligibility for coverage by the
1694	plan, including, but not limited to, documented rejection by at
1695	least two insurers which reasonably assures that insureds
1696	covered under the plan are unable to acquire coverage in the
1697	voluntary market.
1698	3.  Require notice from the agent to the insured at the
1699	time of the application for coverage that the application is for
1700	coverage with the plan and that coverage may be available
1701	through an insurer, group self-insurers' fund, commercial self-
1702	insurance fund, or assessable mutual insurer through another
1703	agent at a lower cost.
1704	4.  Establish programs to encourage insurers to provide
1705	coverage to applicants of the plan in the voluntary market and
1706	to insureds of the plan, including, but not limited to:
1707	a.  Establishing procedures for an insurer to use in
1708	notifying the plan of the insurer's desire to provide coverage
1709	to applicants to the plan or existing insureds of the plan and
1710	in describing the types of risks in which the insurer is
1711	interested. The description of the desired risks must be on a
1712	form developed by the plan.
1713	b.  Developing forms and procedures that provide an insurer
1714	with the information necessary to determine whether the insurer
1715	wants to write particular applicants to the plan or insureds of
1716	the plan.
1717	c.  Developing procedures for notice to the plan and the
1718	applicant to the plan or insured of the plan that an insurer
1719	will insure the applicant or the insured of the plan, and notice
1720	of the cost of the coverage offered; and developing procedures
1721	for the selection of an insuring entity by the applicant or
1722	insured of the plan.
1723	d.  Provide for a market-assistance plan to assist in the
1724	placement of employers. All applications for coverage in the
1725	plan received 45 days before the effective date for coverage
1726	shall be processed through the market-assistance plan. A market-
1727	assistance plan specifically designed to serve the needs of
1728	small, good policyholders as defined by the board must be
1729	reviewed and updated periodically.
1730	5.  Provide for policy and claims services to the insureds
1731	of the plan of the nature and quality provided for insureds in
1732	the voluntary market.
1733	6.  Provide for the review of applications for coverage
1734	with the plan for reasonableness and accuracy, using any
1735	available historic information regarding the insured.
1736	7.  Provide for procedures for auditing insureds of the
1737	plan which are based on reasonable business judgment and are
1738	designed to maximize the likelihood that the plan will collect
1739	the appropriate premiums.
1740	8.  Authorize the plan to terminate the coverage of and
1741	refuse future coverage for any insured that submits a fraudulent
1742	application to the plan or provides fraudulent or grossly
1743	erroneous records to the plan or to any service provider of the
1744	plan in conjunction with the activities of the plan.
1745	9.  Establish service standards for agents who submit
1746	business to the plan.
1747	10.  Establish criteria and procedures to prohibit any
1748	agent who does not adhere to the established service standards
1749	from placing business with the plan or receiving, directly or
1750	indirectly, any commissions for business placed with the plan.
1751	11.  Provide for the establishment of reasonable safety
1752	programs for all insureds in the plan. All insureds of the plan
1753	must participate in the safety program.
1754	12.  Authorize the plan to terminate the coverage of and
1755	refuse future coverage to any insured who fails to pay premiums
1756	or surcharges when due; who, at the time of application, is
1757	delinquent in payments of workers' compensation or employer's
1758	liability insurance premiums or surcharges owed to an insurer,
1759	group self-insurers' fund, commercial self-insurance fund, or
1760	assessable mutual insurer licensed to write such coverage in
1761	this state; or who refuses to substantially comply with any
1762	safety programs recommended by the plan.
1763	13.  Authorize the board of governors to provide the goods
1764	and services required by the plan through staff employed by the
1765	plan, through reasonably compensated service providers who
1766	contract with the plan to provide services as specified by the
1767	board of governors, or through a combination of employees and
1768	service providers.
1769	a.  Purchases that equal or exceed $2,500 but are less than
1770	or equal to $25,000, shall be made by receipt of written quotes,
1771	telephone quotes, or informal bids, whenever practical. The
1772	procurement of goods or services valued over $25,000 is subject
1773	to competitive solicitation, except in situations in which the
1774	goods or services are provided by a sole source or are deemed an
1775	emergency purchase, or the services are exempted from
1776	competitive-solicitation requirements under s. 287.057(3)(5)(f).
1777	Justification for the sole-sourcing or emergency procurement
1778	must be documented. Contracts for goods or services valued at or
1779	over $100,000 are subject to board approval.
1780	b.  The board shall determine whether it is more cost-
1781	effective and in the best interests of the plan to use legal
1782	services provided by in-house attorneys employed by the plan
1783	rather than contracting with outside counsel. In making such
1784	determination, the board shall document its findings and shall
1785	consider the expertise needed; whether time commitments exceed
1786	in-house staff resources; whether local representation is
1787	needed; the travel, lodging, and other costs associated with in-
1788	house representation; and such other factors that the board
1789	determines are relevant.
1790	14.  Provide for service standards for service providers,
1791	methods of determining adherence to those service standards,
1792	incentives and disincentives for service, and procedures for
1793	terminating contracts for service providers that fail to adhere
1794	to service standards.
1795	15.  Provide procedures for selecting service providers and
1796	standards for qualification as a service provider that
1797	reasonably assure that any service provider selected will
1798	continue to operate as an ongoing concern and is capable of
1799	providing the specified services in the manner required.
1800	16.  Provide for reasonable accounting and data-reporting
1801	practices.
1802	17.  Provide for annual review of costs associated with the
1803	administration and servicing of the policies issued by the plan
1804	to determine alternatives by which costs can be reduced.
1805	18.  Authorize the acquisition of such excess insurance or
1806	reinsurance as is consistent with the purposes of the plan.
1807	19.  Provide for an annual report to the office on a date
1808	specified by the office and containing such information as the
1809	office reasonably requires.
1810	20.  Establish multiple rating plans for various
1811	classifications of risk which reflect risk of loss, hazard
1812	grade, actual losses, size of premium, and compliance with loss
1813	control. At least one of such plans must be a preferred-rating
1814	plan to accommodate small-premium policyholders with good
1815	experience as defined in sub-subparagraph 22.a.
1816	21.  Establish agent commission schedules.
1817	22.  For employers otherwise eligible for coverage under
1818	the plan, establish three tiers of employers meeting the
1819	criteria and subject to the rate limitations specified in this
1820	subparagraph.
1821	a.  Tier One.-
1822	(I)  Criteria; rated employers.-An employer that has an
1823	experience modification rating shall be included in Tier One if
1824	the employer meets all of the following:
1825	(A)  The experience modification is below 1.00.
1826	(B)  The employer had no lost-time claims subsequent to the
1827	applicable experience modification rating period.
1828	(C)  The total of the employer's medical-only claims
1829	subsequent to the applicable experience modification rating
1830	period did not exceed 20 percent of premium.
1831	(II)  Criteria; non-rated employers.-An employer that does
1832	not have an experience modification rating shall be included in
1833	Tier One if the employer meets all of the following:
1834	(A)  The employer had no lost-time claims for the 3-year
1835	period immediately preceding the inception date or renewal date
1836	of the employer's coverage under the plan.
1837	(B)  The total of the employer's medical-only claims for
1838	the 3-year period immediately preceding the inception date or
1839	renewal date of the employer's coverage under the plan did not
1840	exceed 20 percent of premium.
1841	(C)  The employer has secured workers' compensation
1842	coverage for the entire 3-year period immediately preceding the
1843	inception date or renewal date of the employer's coverage under
1844	the plan.
1845	(D)  The employer is able to provide the plan with a loss
1846	history generated by the employer's prior workers' compensation
1847	insurer, except if the employer is not able to produce a loss
1848	history due to the insolvency of an insurer, the receiver shall
1849	provide to the plan, upon the request of the employer or the
1850	employer's agent, a copy of the employer's loss history from the
1851	records of the insolvent insurer if the loss history is
1852	contained in records of the insurer which are in the possession
1853	of the receiver. If the receiver is unable to produce the loss
1854	history, the employer may, in lieu of the loss history, submit
1855	an affidavit from the employer and the employer's insurance
1856	agent setting forth the loss history.
1857	(E)  The employer is not a new business.
1858	(III)  Premiums.-The premiums for Tier One insureds shall
1859	be set at a premium level 25 percent above the comparable
1860	voluntary market premiums until the plan has sufficient
1861	experience as determined by the board to establish an
1862	actuarially sound rate for Tier One, at which point the board
1863	shall, subject to paragraph (e), adjust the rates, if necessary,
1864	to produce actuarially sound rates, provided such rate
1865	adjustment shall not take effect prior to January 1, 2007.
1866	b.  Tier Two.-
1867	(I)  Criteria; rated employers.-An employer that has an
1868	experience modification rating shall be included in Tier Two if
1869	the employer meets all of the following:
1870	(A)  The experience modification is equal to or greater
1871	than 1.00 but not greater than 1.10.
1872	(B)  The employer had no lost-time claims subsequent to the
1873	applicable experience modification rating period.
1874	(C)  The total of the employer's medical-only claims
1875	subsequent to the applicable experience modification rating
1876	period did not exceed 20 percent of premium.
1877	(II)  Criteria; non-rated employers.-An employer that does
1878	not have any experience modification rating shall be included in
1879	Tier Two if the employer is a new business. An employer shall be
1880	included in Tier Two if the employer has less than 3 years of
1881	loss experience in the 3-year period immediately preceding the
1882	inception date or renewal date of the employer's coverage under
1883	the plan and the employer meets all of the following:
1884	(A)  The employer had no lost-time claims for the 3-year
1885	period immediately preceding the inception date or renewal date
1886	of the employer's coverage under the plan.
1887	(B)  The total of the employer's medical-only claims for
1888	the 3-year period immediately preceding the inception date or
1889	renewal date of the employer's coverage under the plan did not
1890	exceed 20 percent of premium.
1891	(C)  The employer is able to provide the plan with a loss
1892	history generated by the workers' compensation insurer that
1893	provided coverage for the portion or portions of such period
1894	during which the employer had secured workers' compensation
1895	coverage, except if the employer is not able to produce a loss
1896	history due to the insolvency of an insurer, the receiver shall
1897	provide to the plan, upon the request of the employer or the
1898	employer's agent, a copy of the employer's loss history from the
1899	records of the insolvent insurer if the loss history is
1900	contained in records of the insurer which are in the possession
1901	of the receiver. If the receiver is unable to produce the loss
1902	history, the employer may, in lieu of the loss history, submit
1903	an affidavit from the employer and the employer's insurance
1904	agent setting forth the loss history.
1905	(III)  Premiums.-The premiums for Tier Two insureds shall
1906	be set at a rate level 50 percent above the comparable voluntary
1907	market premiums until the plan has sufficient experience as
1908	determined by the board to establish an actuarially sound rate
1909	for Tier Two, at which point the board shall, subject to
1910	paragraph (e), adjust the rates, if necessary, to produce
1911	actuarially sound rates, provided such rate adjustment shall not
1912	take effect prior to January 1, 2007.
1913	c.  Tier Three.-
1914	(I)  Eligibility.-An employer shall be included in Tier
1915	Three if the employer does not meet the criteria for Tier One or
1916	Tier Two.
1917	(II)  Rates.-The board shall establish, subject to
1918	paragraph (e), and the plan shall charge, actuarially sound
1919	rates for Tier Three insureds.
1920	23.  For Tier One or Tier Two employers which employ no
1921	nonexempt employees or which report payroll which is less than
1922	the minimum wage hourly rate for one full-time employee for 1
1923	year at 40 hours per week, the plan shall establish actuarially
1924	sound premiums, provided, however, that the premiums may not
1925	exceed $2,500. These premiums shall be in addition to the fee
1926	specified in subparagraph 26. When the plan establishes
1927	actuarially sound rates for all employers in Tier One and Tier
1928	Two, the premiums for employers referred to in this paragraph
1929	are no longer subject to the $2,500 cap.
1930	24.  Provide for a depopulation program to reduce the
1931	number of insureds in the plan. If an employer insured through
1932	the plan is offered coverage from a voluntary market carrier:
1933	a.  During the first 30 days of coverage under the plan;
1934	b.  Before a policy is issued under the plan;
1935	c.  By issuance of a policy upon expiration or cancellation
1936	of the policy under the plan; or
1937	d.  By assumption of the plan's obligation with respect to
1938	an in-force policy,
1939
1940	that employer is no longer eligible for coverage through the
1941	plan. The premium for risks assumed by the voluntary market
1942	carrier must be no greater than the premium the insured would
1943	have paid under the plan, and shall be adjusted upon renewal to
1944	reflect changes in the plan rates and the tier for which the
1945	insured would qualify as of the time of renewal. The insured may
1946	be charged such premiums only for the first 3 years of coverage
1947	in the voluntary market. A premium under this subparagraph is
1948	deemed approved and is not an excess premium for purposes of s.
1949	627.171.
1950	25.  Require that policies issued and applications must
1951	include a notice that the policy could be replaced by a policy
1952	issued from a voluntary market carrier and that, if an offer of
1953	coverage is obtained from a voluntary market carrier, the
1954	policyholder is no longer eligible for coverage through the
1955	plan. The notice must also specify that acceptance of coverage
1956	under the plan creates a conclusive presumption that the
1957	applicant or policyholder is aware of this potential.
1958	26.  Require that each application for coverage and each
1959	renewal premium be accompanied by a nonrefundable fee of $475 to
1960	cover costs of administration and fraud prevention. The board
1961	may, with the prior approval of the office, increase the amount
1962	of the fee pursuant to a rate filing to reflect increased costs
1963	of administration and fraud prevention. The fee is not subject
1964	to commission and is fully earned upon commencement of coverage.
1965	Section 33.  Paragraph (e) of subsection (6) of section
1966	627.351, Florida Statutes, is amended to read:
1967	627.351  Insurance risk apportionment plans.-
1968	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.-
1969	(e)  Purchases that equal or exceed $2,500, but are less
1970	than $25,000, shall be made by receipt of written quotes,
1971	written record of telephone quotes, or informal bids, whenever
1972	practical. The procurement of goods or services valued at or
1973	over $25,000 shall be subject to competitive solicitation,
1974	except in situations where the goods or services are provided by
1975	a sole source or are deemed an emergency purchase; the services
1976	are exempted from competitive solicitation requirements under s.
1977	287.057(3)(5)(f); or the procurement of services is subject to
1978	s. 627.3513. Justification for the sole-sourcing or emergency
1979	procurement must be documented. Contracts for goods or services
1980	valued at or over $100,000 are subject to approval by the board.
1981	Section 34.  Subsection (2) of section 765.5155, Florida
1982	Statutes, is amended to read:
1983	765.5155  Donor registry; education program.-
1984	(2)  The agency and the department shall jointly contract
1985	for the operation of a donor registry and education program. The
1986	contractor shall be procured by competitive solicitation
1987	pursuant to chapter 287, notwithstanding any exemption in s.
1988	287.057(3)(5)(f). When awarding the contract, priority shall be
1989	given to existing nonprofit groups that are based within the
1990	state, have expertise working with procurement organizations,
1991	have expertise in conducting statewide organ and tissue donor
1992	public education campaigns, and represent the needs of the organ
1993	and tissue donation community in the state.
1994	Section 35.  Subsection (10) of section 893.055, Florida
1995	Statutes, is amended to read:
1996	893.055  Prescription drug monitoring program.-
1997	(10)  All costs incurred by the department in administering
1998	the prescription drug monitoring program shall be funded through
1999	federal grants or private funding applied for or received by the
2000	state. The department may not commit funds for the monitoring
2001	program without ensuring funding is available. The prescription
2002	drug monitoring program and the implementation thereof are
2003	contingent upon receipt of the nonstate funding. The department
2004	and state government shall cooperate with the direct-support
2005	organization established pursuant to subsection (11) in seeking
2006	federal grant funds, other nonstate grant funds, gifts,
2007	donations, or other private moneys for the department so long as
2008	the costs of doing so are not considered material. Nonmaterial
2009	costs for this purpose include, but are not limited to, the
2010	costs of mailing and personnel assigned to research or apply for
2011	a grant. Notwithstanding the exemptions to competitive-
2012	solicitation requirements under s. 287.057(3)(5)(f), the
2013	department shall comply with the competitive-solicitation
2014	requirements under s. 287.057 for the procurement of any goods
2015	or services required by this section.
2016	Section 36.  Subsection (3) of section 1013.38, Florida
2017	Statutes, is amended to read:
2018	1013.38  Boards to ensure that facilities comply with
2019	building codes and life safety codes.-
2020	(3)  The Department of Management Services may, upon
2021	request, provide facilities services for the Florida School for
2022	the Deaf and the Blind, the Division of Blind Services, and
2023	public broadcasting. As used in this section, the term
2024	"facilities services" means project management, code and design
2025	plan review, and code compliance inspection for projects as
2026	defined in s. 287.017(5)(1)(e).
2027	Section 37.  Section 21 of chapter 2009-55, 2009 Laws of
2028	Florida, is amended to read:
2029	Section 21.  The Agency for Health Care Administration
2030	shall develop and implement a home health agency monitoring
2031	pilot project in Miami-Dade County by January 1, 2010. The
2032	agency shall contract with a vendor to verify the utilization
2033	and the delivery of home health services and provide an
2034	electronic billing interface for such services. The contract
2035	must require the creation of a program to submit claims for the
2036	home health services electronically. The program must verify
2037	visits for the delivery of home health services telephonically
2038	using voice biometrics. The agency may seek amendments to the
2039	Medicaid state plan and waivers of federal law, as necessary, to
2040	implement the pilot project. Notwithstanding s.
2041	287.057(3)(5)(f), Florida Statutes, the agency must award the
2042	contract through the competitive solicitation process. The
2043	agency shall submit a report to the Governor, the President of
2044	the Senate, and the Speaker of the House of Representatives
2045	evaluating the pilot project by February 1, 2011.
2046	Section 38.  Section 31 of chapter 2009-223, Laws of
2047	Florida, is amended to read:
2048	Section 31.  Pilot project to monitor home health
2049	services.-The Agency for Health Care Administration shall
2050	develop and implement a home health agency monitoring pilot
2051	project in Miami-Dade County by January 1, 2010. The agency
2052	shall contract with a vendor to verify the utilization and
2053	delivery of home health services and provide an electronic
2054	billing interface for home health services. The contract must
2055	require the creation of a program to submit claims
2056	electronically for the delivery of home health services. The
2057	program must verify telephonically visits for the delivery of
2058	home health services using voice biometrics. The agency may seek
2059	amendments to the Medicaid state plan and waivers of federal
2060	laws, as necessary, to implement the pilot project.
2061	Notwithstanding s. 287.057(3)(5)(f), Florida Statutes, the
2062	agency must award the contract through the competitive
2063	solicitation process. The agency shall submit a report to the
2064	Governor, the President of the Senate, and the Speaker of the
2065	House of Representatives evaluating the pilot project by
2066	February 1, 2011.
2067	Section 39.  This act shall take effect July 1, 2010.

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