CS/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	providing a requirement that an agency must avoid,
26	neutralize, or mitigate significant potential
27	organizational conflicts of interests before a contract is
28	awarded; providing procedures and requirements with
29	respect to mitigation of such conflicts of interest;
30	authorizing an agency to proceed with a contract award
31	when such conflict cannot be avoided or mitigated under
32	specified circumstances and providing a restriction on
33	such award; specifying conditions that constitute an
34	unfair competitive advantage for a vendor; eliminating
35	provisions with respect to eligibility of persons who
36	receive specified contracts that were not subject to
37	competitive procurement to contract with an agency for any
38	other contracts dealing with the specific subject matter
39	of the original contract; amending s. 287.0571, F.S.;
40	revising applicability of ss. 287.0571-287.0574, F.S.;
41	specifying procurements and contracts to which s.
42	287.0571, F.S., relating to agency business cases for
43	outsourcing of specified projects, does not apply;
44	requiring an agency to complete a business case for any
45	outsourcing project with an expected cost in excess of a
46	specified amount within a single fiscal year; providing
47	for the submission of the business case in accordance with
48	provisions governing the submission of agency legislative
49	budget requests; providing that a business case is not
50	subject to challenge; providing required components of a
51	business case; specifying required provisions for a
52	contract for a proposed outsourcing; repealing s.
53	287.05721, F.S.; eliminating definitions; creating s.
54	287.0575, F.S.; establishing duties and responsibilities
55	of the Department of Children and Family Services, the
56	Agency for Persons with Disabilities, the Department of
57	Health, the Department of Elderly Affairs, and the Florida
58	Department of Veterans Affairs, and service providers
59	under contract to those agencies, with respect to
60	coordination of contracted services; requiring state
61	agencies contracting for health and human services to
62	notify their contract service providers of certain
63	requirements by a specified date or upon entering into any
64	new contract for health and human services; requiring
65	service providers that have more than one contract with
66	one or more state agencies to provide health and human
67	services to provide each of their contract managers with a
68	comprehensive list of their health and human services
69	contracts by a specified date; specifying information to
70	be contained in the list; providing for assignment, by a
71	specified date, of a single lead administrative
72	coordinator for each service provider from among agencies
73	having multiple health and human services contracts;
74	requiring the lead administrative coordinator to provide
75	notice of his or her designation to the service provider
76	and to the agency contract managers for each affected
77	contract; providing the method of selection of lead
78	administrative coordinator; providing responsibilities of
79	the designated lead administrative coordinator; providing
80	duties of contract managers for agency contracts;
81	providing nonapplicability; requiring annual performance
82	evaluations of designated lead administrative coordinators
83	by each agency contracting for health and human services;
84	providing for a report; repealing s. 287.0573, F.S., which
85	establishes the Council on Efficient Government and
86	provides membership and duties thereof; repealing s.
87	287.0574, F.S.; eliminating provisions relating to
88	business cases to outsource, review and analysis conducted
89	thereunder, and requirements thereof that are relocated in
90	other sections of Florida Statutes set forth in this act;
91	amending ss. 283.32 and 403.7065, F.S.; conforming
92	provisions to the repeal of s. 287.045, F.S.; relating to
93	procurement of products and materials with recycled
94	content; amending ss. 14.204, 43.16, 61.1826, 112.3215,
95	255.25, 286.0113, 287.022, 287.058, 287.059, 295.187,
96	394.457, 394.47865, 402.40, 402.7305, 408.045, 427.0135,
97	445.024, 481.205, 570.07, 627.311, 627.351, 765.5155,
98	893.055, and 1013.38, F.S., s. 21, ch. 2009-55, Laws of
99	Florida, and s. 31, ch. 2009-223, Laws of Florida;
100	conforming cross-references; providing an effective date.
101
102	Be It Enacted by the Legislature of the State of Florida:
103
104	Section 1.  Section 287.012, Florida Statutes, is amended
105	to read:
106	287.012  Definitions.-As used in this part, the term:
107	(1)  "Agency" means any of the various state officers,
108	departments, boards, commissions, divisions, bureaus, and
109	councils and any other unit of organization, however designated,
110	of the executive branch of state government. "Agency" does not
111	include the university and college boards of trustees or the
112	state universities and colleges.
113	(2)  "Agency head" means, with respect to an agency headed
114	by a collegial body, the executive director or chief
115	administrative officer of the agency.
116	(3)  "Artistic services" "Artist" means the rendering by a
117	contractor of its time and effort to create or perform an
118	artistic work in the fields an individual or group of
119	individuals who profess and practice a demonstrated creative
120	talent and skill in the area of music, dance, drama, folk art,
121	creative writing, painting, sculpture, photography, graphic
122	arts, craft arts, industrial design, costume design, fashion
123	design, motion pictures, television, radio, or tape and sound
124	recording or in any other related field.
125	(4)  "Best value" means the highest overall value to the
126	state based on objective factors that include, but are not
127	limited to, price, quality, design, and workmanship.
128	(5)  "Commodity" means any of the various supplies,
129	materials, goods, merchandise, food, equipment, information
130	technology, and other personal property, including a mobile
131	home, trailer, or other portable structure with floor space of
132	less than 5,000 square feet, purchased, leased, or otherwise
133	contracted for by the state and its agencies. "Commodity" also
134	includes interest on deferred-payment commodity contracts
135	approved pursuant to s. 287.063 entered into by an agency for
136	the purchase of other commodities. However, commodities
137	purchased for resale are excluded from this definition. Further,
138	a prescribed drug, medical supply, or device required by a
139	licensed health care provider as a part of providing health
140	services involving examination, diagnosis, treatment,
141	prevention, medical consultation, or administration for clients
142	at the time the service is provided is not considered to be a
143	"commodity." Printing of publications shall be considered a
144	commodity when let upon contract pursuant to s. 283.33, whether
145	purchased for resale or not.
146	(6)  "Competitive solicitation sealed bids," "competitive
147	sealed proposals," or "competitive sealed replies" means the
148	process of requesting and receiving two or more sealed bids,
149	proposals, or replies submitted by responsive vendors in
150	accordance with the terms of a competitive process, regardless
151	of the method of procurement and includes bids, proposals, or
152	replies transmitted by electronic means in lieu of or in
153	addition to written bids, proposals, or replies.
154	(7)  "Competitive solicitation" or "solicitation" means an
155	invitation to bid, a request for proposals, or an invitation to
156	negotiate.
157	(7)(8)  "Contractor" means a person who contracts to sell
158	commodities or contractual services to an agency.
159	(8)(9)  "Contractual service" means the rendering by a
160	contractor of its time and effort rather than the furnishing of
161	specific commodities. The term applies only to those services
162	rendered by individuals and firms who are independent
163	contractors, and such services may include, but are not limited
164	to, evaluations; consultations; maintenance; accounting;
165	security; management systems; management consulting; educational
166	training programs; research and development studies or reports
167	on the findings of consultants engaged thereunder; and
168	professional, technical, and social services. "Contractual
169	service" does not include any contract for the furnishing of
170	labor or materials for the construction, renovation, repair,
171	modification, or demolition of any facility, building, portion
172	of building, utility, park, parking lot, or structure or other
173	improvement to real property entered into pursuant to chapter
174	255 and rules adopted thereunder.
175	(9)(10)  "Department" means the Department of Management
176	Services.
177	(10)(11)  "Electronic posting" or "electronically post"
178	means the noticing posting of solicitations, agency decisions or
179	intended decisions, or other matters relating to procurement on
180	a centralized Internet website designated by the department for
181	this purpose.
182	(11)(12)  "Eligible user" means any person or entity
183	authorized by the department pursuant to rule to purchase from
184	state term contracts or to use the online procurement system.
185	(12)(13)  "Exceptional purchase" means any purchase of
186	commodities or contractual services excepted by law or rule from
187	the requirements for competitive solicitation, including, but
188	not limited to, purchases from a single source; purchases upon
189	receipt of less than two responsive bids, proposals, or replies;
190	purchases made by an agency, after receiving approval from the
191	department, from a contract procured, pursuant to s. 287.057(1),
192	(2), or (3), or by another agency; and purchases made without
193	advertisement in the manner required by s. 287.042(3)(b).
194	(13)(14)  "Extension" means an increase in the time allowed
195	for the contract period due to circumstances which, without
196	fault of either party, make performance impracticable or
197	impossible, or which prevent a new contract from being executed,
198	with or without a proportional increase in the total dollar
199	amount, with any increase to be based on the method and rate
200	previously established in the contract.
201	(14)(15)  "Information technology" has the meaning ascribed
202	in s. 282.0041.
203	(15)(16)  "Invitation to bid" means a written or
204	electronically posted solicitation for competitive sealed bids.
205	The invitation to bid is used when the agency is capable of
206	specifically defining the scope of work for which a contractual
207	service is required or when the agency is capable of
208	establishing precise specifications defining the actual
209	commodity or group of commodities required. A written
210	solicitation includes a solicitation that is electronically
211	posted.
212	(16)(17)  "Invitation to negotiate" means a written or
213	electronically posted solicitation for competitive sealed
214	replies to select one or more vendors with which to commence
215	negotiations for the procurement of commodities or contractual
216	services. The invitation to negotiate is used when the agency
217	determines that negotiations may be necessary for the state to
218	receive the best value. A written solicitation includes a
219	solicitation that is electronically posted.
220	(17)(18)  "Minority business enterprise" has the meaning
221	ascribed in s. 288.703.
222	(18)(19)  "Office" means the Office of Supplier Diversity
223	of the Department of Management Services.
224	(19)  "Outsource" means the process of contracting with a
225	vendor to provide a service as defined in s. 216.011(1)(f), in
226	whole or in part, or an activity as defined in s.
227	216.011(1)(rr), while a state agency retains the responsibility
228	and accountability for the service or activity and there is a
229	transfer of management responsibility for the delivery of
230	resources and the performance of those resources.
231	(20)  "Renewal" means contracting with the same contractor
232	for an additional contract period after the initial contract
233	period, only if pursuant to contract terms specifically
234	providing for such renewal.
235	(21)  "Request for information" means a written or
236	electronically posted request made by an agency to vendors for
237	information concerning commodities or contractual services.
238	Responses to these requests are not offers and may not be
239	accepted by the agency to form a binding contract.
240	(22)  "Request for proposals" means a written or
241	electronically posted solicitation for competitive sealed
242	proposals. The request for proposals is used when it is not
243	practicable for the agency to specifically define the scope of
244	work for which the commodity, group of commodities, or
245	contractual service is required and when the agency is
246	requesting that a responsible vendor propose a commodity, group
247	of commodities, or contractual service to meet the
248	specifications of the solicitation document. A written
249	solicitation includes a solicitation that is electronically
250	posted.
251	(23)  "Request for a quote" means an oral or written
252	request for written pricing or services information from a state
253	term contract vendor for commodities or contractual services
254	available on a state term contract from that vendor.
255	(24)  "Responsible vendor" means a vendor who has the
256	capability in all respects to fully perform the contract
257	requirements and the integrity and reliability that will assure
258	good faith performance.
259	(25)  "Responsive bid," "responsive proposal," or
260	"responsive reply" means a bid, or proposal, or reply submitted
261	by a responsive and responsible vendor that conforms in all
262	material respects to the solicitation.
263	(26)  "Responsive vendor" means a vendor that has submitted
264	a bid, proposal, or reply that conforms in all material respects
265	to the solicitation.
266	(27)  "State term contract" means a term contract that is
267	competitively procured by the department pursuant to s. 287.057
268	and that is used by agencies and eligible users pursuant to s.
269	287.056.
270	(28)  "Term contract" means an indefinite quantity contract
271	to furnish commodities or contractual services during a defined
272	period.
273	Section 2.  Section 287.017, Florida Statutes, is amended
274	to read:
275	287.017  Purchasing categories, threshold amounts;
276	procedures for automatic adjustment by department.-
277	(1)  The following purchasing categories are hereby
278	created:
279	(1)(a)  CATEGORY ONE: $20,000 $15,000.
280	(2)(b)  CATEGORY TWO: $35,000 $25,000.
281	(3)(c)  CATEGORY THREE: $65,000 $50,000.
282	(4)(d)  CATEGORY FOUR: $195,000 $150,000.
283	(5)(e)  CATEGORY FIVE: $325,000 $250,000.
284	(2)  The department shall adopt rules to adjust the amounts
285	provided in subsection (1) based upon the rate of change of a
286	nationally recognized price index. Such rules shall include, but
287	not be limited to, the following:
288	(a)  Designation of the nationally recognized price index
289	or component thereof used to calculate the proper adjustment
290	authorized in this section.
291	(b)  The procedure for rounding results.
292	(c)  The effective date of each adjustment based upon the
293	previous calendar year data.
294	Section 3.  Section 287.045, Florida Statutes, is repealed.
295	Section 4.  Section 287.057, Florida Statutes, is amended
296	to read:
297	287.057  Procurement of commodities or contractual
298	services.-
299	(1)  PROCUREMENT PROCESSES.-The competitive solicitation
300	processes authorized in this section shall be used for
301	procurement of commodities or contractual services in excess of
302	the threshold amount provided for CATEGORY TWO in s. 287.017.
303	Any competitive solicitation shall be made available
304	simultaneously to all vendors, must include the time and date
305	for the receipt of bids, proposals, or replies and of the public
306	opening, and must include all contractual terms and conditions
307	applicable to the procurement, including the criteria to be used
308	in determining acceptability and relative merit of the bid,
309	proposal, or reply.
310	(a)  Invitation to bid.-The invitation to bid shall be used
311	when the agency is capable of specifically defining the scope of
312	work for which a contractual service is required or when the
313	agency is capable of establishing precise specifications
314	defining the actual commodity or group of commodities required.
315	1.  All invitations to bid must include:
316	a.  A detailed description of the commodities or
317	contractual services sought; and
318	b.  If the agency contemplates renewal of the contract, a
319	statement to that effect.
320	2.  Bids submitted in response to an invitation to bid in
321	which the agency contemplates renewal of the contract must
322	include the price for each year for which the contract may be
323	renewed.
324	3.  Evaluation of bids shall include consideration of the
325	total cost for each year of the contract, including renewal
326	years, as submitted by the vendor.
327	(b)  Request for proposals.-An agency shall use a request
328	for proposals when the purposes and uses for which the
329	commodity, group of commodities, or contractual service being
330	sought can be specifically defined and the agency is capable of
331	identifying necessary deliverables. Various combinations or
332	versions of commodities or contractual services may be proposed
333	by a responsive vendor to meet the specifications of the
334	solicitation document.
335	1.  Before issuing a request for proposals, the agency must
336	determine and specify in writing the reasons that procurement by
337	invitation to bid is not practicable.
338	2.  All requests for proposals must include:
339	a.  A statement describing the commodities or contractual
340	services sought;
341	b.  The relative importance of price and other evaluation
342	criteria; and
343	c.  If the agency contemplates renewal of the contract, a
344	statement to that effect.
345	3.  Criteria that will be used for evaluation of proposals
346	shall include, but are not limited to:
347	a.  Price, which must be specified in the proposal;
348	b.  If the agency contemplates renewal of the contract, the
349	price for each year for which the contract may be renewed; and
350	c.  Consideration of the total cost for each year of the
351	contract, including renewal years, as submitted by the vendor.
352	4.  The contract shall be awarded by written notice to the
353	responsible and responsive vendor whose proposal is determined
354	in writing to be the most advantageous to the state, taking into
355	consideration the price and other criteria set forth in the
356	request for proposals. The contract file shall contain
357	documentation supporting the basis on which the award is made.
358	(c)  Invitation to negotiate.-The invitation to negotiate
359	is a solicitation used by an agency intended to determine the
360	best method for achieving a specific goal or solving a
361	particular problem and that identifies one or more responsive
362	vendors with which the agency may negotiate in order to receive
363	the best value.
364	1.  Before issuing an invitation to negotiate, the head of
365	an agency must determine and specify in writing the reasons that
366	procurement by either an invitation to bid or a request for
367	proposal is not practicable.
368	2.  The invitation to negotiate must describe the questions
369	being explored, the facts being sought, and the specific goals
370	or problems that are the subject of the solicitation.
371	3.  The criteria that will be used for determining the
372	acceptability of the reply and guiding the selection of the
373	vendors with which the agency will negotiate must be specified.
374	4.  The agency shall evaluate replies against all
375	evaluation criteria set forth in the invitation to negotiate, in
376	order to establish a competitive range of replies reasonably
377	susceptible of award. The agency may select one or more vendors
378	within the competitive range with which to commence
379	negotiations. After negotiations are conducted, the agency shall
380	award the contract to the responsible and responsive vendor that
381	the agency determines will provide the best value to the state,
382	based on the selection criteria.
383	5.  The contract file for a vendor selected through an
384	invitation to negotiate must contain a short plain statement
385	that explains the basis for the selection of the vendor and that
386	sets forth the vendor's deliverables and price, pursuant to the
387	contract, with an explanation of how these deliverables and
388	price provide the best value to the state.
389	(1)(a)  Unless otherwise authorized by law, all contracts
390	for the purchase of commodities or contractual services in
391	excess of the threshold amount provided in s. 287.017 for
392	CATEGORY TWO shall be awarded by competitive sealed bidding. An
393	invitation to bid shall be made available simultaneously to all
394	vendors and must include a detailed description of the
395	commodities or contractual services sought; the time and date
396	for the receipt of bids and of the public opening; and all
397	contractual terms and conditions applicable to the procurement,
398	including the criteria to be used in determining acceptability
399	of the bid. If the agency contemplates renewal of the contract,
400	that fact must be stated in the invitation to bid. The bid shall
401	include the price for each year for which the contract may be
402	renewed. Evaluation of bids shall include consideration of the
403	total cost for each year as submitted by the vendor. Criteria
404	that were not set forth in the invitation to bid may not be used
405	in determining acceptability of the bid.
406	(b)  The contract shall be awarded with reasonable
407	promptness by written notice to the responsible and responsive
408	vendor that submits the lowest responsive bid. This bid must be
409	determined in writing to meet the requirements and criteria set
410	forth in the invitation to bid.
411	(2)(a)  If an agency determines in writing that the use of
412	an invitation to bid is not practicable, commodities or
413	contractual services shall be procured by competitive sealed
414	proposals. A request for proposals shall be made available
415	simultaneously to all vendors, and must include a statement of
416	the commodities or contractual services sought; the time and
417	date for the receipt of proposals and of the public opening; and
418	all contractual terms and conditions applicable to the
419	procurement, including the criteria, which shall include, but
420	need not be limited to, price, to be used in determining
421	acceptability of the proposal. The relative importance of price
422	and other evaluation criteria shall be indicated. If the agency
423	contemplates renewal of the commodities or contractual services
424	contract, that fact must be stated in the request for proposals.
425	The proposal shall include the price for each year for which the
426	contract may be renewed. Evaluation of proposals shall include
427	consideration of the total cost for each year as submitted by
428	the vendor.
429	(b)  The contract shall be awarded to the responsible and
430	responsive vendor whose proposal is determined in writing to be
431	the most advantageous to the state, taking into consideration
432	the price and the other criteria set forth in the request for
433	proposals. The contract file shall contain documentation
434	supporting the basis on which the award is made.
435	(3)(a)  If the agency determines in writing that the use of
436	an invitation to bid or a request for proposals will not result
437	in the best value to the state, the agency may procure
438	commodities and contractual services by competitive sealed
439	replies. The agency's written determination must specify reasons
440	that explain why negotiation may be necessary in order for the
441	state to achieve the best value and must be approved in writing
442	by the agency head or his or her designee prior to the
443	advertisement of an invitation to negotiate. An invitation to
444	negotiate shall be made available to all vendors simultaneously
445	and must include a statement of the commodities or contractual
446	services sought; the time and date for the receipt of replies
447	and of the public opening; and all terms and conditions
448	applicable to the procurement, including the criteria to be used
449	in determining the acceptability of the reply. If the agency
450	contemplates renewal of the contract, that fact must be stated
451	in the invitation to negotiate. The reply shall include the
452	price for each year for which the contract may be renewed.
453	(b)  The agency shall evaluate and rank responsive replies
454	against all evaluation criteria set forth in the invitation to
455	negotiate and shall select, based on the ranking, one or more
456	vendors with which to commence negotiations. After negotiations
457	are conducted, the agency shall award the contract to the
458	responsible and responsive vendor that the agency determines
459	will provide the best value to the state. The contract file must
460	contain a short plain statement that explains the basis for
461	vendor selection and that sets forth the vendor's deliverables
462	and price, pursuant to the contract, with an explanation of how
463	these deliverables and price provide the best value to the
464	state.
465	(2)(4)  Prior to the time for receipt of bids, proposals,
466	or replies, an agency may conduct a conference or written
467	question and answer period for purposes of assuring the vendor's
468	full understanding of the solicitation requirements. The vendors
469	shall be accorded fair and equal treatment.
470	(3)(5)  When the purchase price of commodities or
471	contractual services exceeds the threshold amount provided in s.
472	287.017 for CATEGORY TWO, no purchase of commodities or
473	contractual services may be made without receiving competitive
474	sealed bids, competitive sealed proposals, or competitive sealed
475	replies unless:
476	(a)  The agency head determines in writing that an
477	immediate danger to the public health, safety, or welfare or
478	other substantial loss to the state requires emergency action.
479	After the agency head makes such a written determination, the
480	agency may proceed with the procurement of commodities or
481	contractual services necessitated by the immediate danger,
482	without receiving competitive sealed bids, competitive sealed
483	proposals, or competitive sealed replies. However, such
484	emergency procurement shall be made by obtaining pricing
485	information from at least two prospective vendors, which must be
486	retained in the contract file, unless the agency determines in
487	writing that the time required to obtain pricing information
488	will increase the immediate danger to the public health, safety,
489	or welfare or other substantial loss to the state. The agency
490	shall furnish copies of all written determinations certified
491	under oath and any other documents relating to the emergency
492	action to the department. A copy of the statement shall be
493	furnished to the Chief Financial Officer with the voucher
494	authorizing payment. The individual purchase of personal
495	clothing, shelter, or supplies which are needed on an emergency
496	basis to avoid institutionalization or placement in a more
497	restrictive setting is an emergency for the purposes of this
498	paragraph, and the filing with the department of such statement
499	is not required in such circumstances. In the case of the
500	emergency purchase of insurance, the period of coverage of such
501	insurance shall not exceed a period of 30 days, and all such
502	emergency purchases shall be reported to the department.
503	(b)  The purchase is made by an agency from a state term
504	contract procured, pursuant to this section, by the department
505	or by an agency, after receiving approval from the department,
506	from a contract procured, pursuant to subsection (1), subsection
507	(2), or subsection (3), by another agency.
508	(c)  Commodities or contractual services available only
509	from a single source may be excepted from the competitive-
510	solicitation requirements. When an agency believes that
511	commodities or contractual services are available only from a
512	single source, the agency shall electronically post a
513	description of the commodities or contractual services sought
514	for a period of at least 7 business days. The description must
515	include a request that prospective vendors provide information
516	regarding their ability to supply the commodities or contractual
517	services described. If it is determined in writing by the
518	agency, after reviewing any information received from
519	prospective vendors, that the commodities or contractual
520	services are available only from a single source, the agency
521	shall:
522	1.  Provide notice of its intended decision to enter a
523	single-source purchase contract in the manner specified in s.
524	120.57(3), if the amount of the contract does not exceed the
525	threshold amount provided in s. 287.017 for CATEGORY FOUR.
526	2.  Request approval from the department for the single-
527	source purchase, if the amount of the contract exceeds the
528	threshold amount provided in s. 287.017 for CATEGORY FOUR. The
529	agency shall initiate its request for approval in a form
530	prescribed by the department, which request may be
531	electronically transmitted. The failure of the department to
532	approve or disapprove the agency's request for approval within
533	21 days after receiving such request shall constitute prior
534	approval of the department. If the department approves the
535	agency's request, the agency shall provide notice of its
536	intended decision to enter a single-source contract in the
537	manner specified in s. 120.57(3).
538	(d)  When it is in the best interest of the state, the
539	secretary of the department or his or her designee may authorize
540	the Support Program to purchase insurance by negotiation, but
541	such purchase shall be made only under conditions most favorable
542	to the public interest.
543	(e)  Prescriptive assistive devices for the purpose of
544	medical, developmental, or vocational rehabilitation of clients
545	are excepted from competitive-solicitation requirements and
546	shall be procured pursuant to an established fee schedule or by
547	any other method which ensures the best price for the state,
548	taking into consideration the needs of the client. Prescriptive
549	assistive devices include, but are not limited to, prosthetics,
550	orthotics, and wheelchairs. For purchases made pursuant to this
551	paragraph, state agencies shall annually file with the
552	department a description of the purchases and methods of
553	procurement.
554	(f)  The following contractual services and commodities are
555	not subject to the competitive-solicitation requirements of this
556	section:
557	1.  Artistic services. For the purposes of this subsection,
558	the term "artistic services" does not include advertising or
559	typesetting. As used in this subparagraph, the term
560	"advertising" means the making of a representation in any form
561	in connection with a trade, business, craft, or profession in
562	order to promote the supply of commodities or services by the
563	person promoting the commodities or contractual services.
564	2.  Academic program reviews.
565	3.  Lectures by individuals.
566	4.  Auditing services.
567	5.  Legal services, including attorney, paralegal, expert
568	witness, appraisal, or mediator services.
569	6.  Health services involving examination, diagnosis,
570	treatment, prevention, or medical consultation, when such
571	services are offered to eligible individuals participating in a
572	specific program that qualifies multiple providers and utilizes
573	a standard payment methodology or administration.
574	7.  Services provided to persons with mental or physical
575	disabilities by not-for-profit corporations which have obtained
576	exemptions under the provisions of s. 501(c)(3) of the United
577	States Internal Revenue Code or when such services are governed
578	by the provisions of Office of Management and Budget Circular A-
579	122. However, in acquiring such services, the agency shall
580	consider the ability of the vendor, past performance,
581	willingness to meet time requirements, and price.
582	7.8.  Medicaid services delivered to an eligible Medicaid
583	recipient unless the agency is directed otherwise in law by a
584	health care provider who has not previously applied for and
585	received a Medicaid provider number from the Agency for Health
586	Care Administration. However, this exception shall be valid for
587	a period not to exceed 90 days after the date of delivery to the
588	Medicaid recipient and shall not be renewed by the agency.
589	8.9.  Family placement services.
590	10.  Prevention services related to mental health,
591	including drug abuse prevention programs, child abuse prevention
592	programs, and shelters for runaways, operated by not-for-profit
593	corporations. However, in acquiring such services, the agency
594	shall consider the ability of the vendor, past performance,
595	willingness to meet time requirements, and price.
596	9.11.  Training and education services provided to injured
597	employees pursuant to s. 440.491(6).
598	10.12.  Contracts entered into pursuant to s. 337.11.
599	11.13.  Services or commodities provided by governmental
600	agencies.
601	(g)  Continuing education events or programs that are
602	offered to the general public and for which fees have been
603	collected that pay all expenses associated with the event or
604	program are exempt from requirements for competitive
605	solicitation.
606	(4)(6)  If less than two responsive bids, proposals, or
607	replies for commodity or contractual services purchases are
608	received, the department or other agency may negotiate on the
609	best terms and conditions. The department or other agency shall
610	document the reasons that such action is in the best interest of
611	the state in lieu of resoliciting competitive sealed bids,
612	proposals, or replies. Each agency shall report all such actions
613	to the department on a quarterly basis, in a manner and form
614	prescribed by the department.
615	(5)(7)  Upon issuance of any solicitation, an agency shall,
616	upon request by the department, forward to the department one
617	copy of each solicitation for all commodity and contractual
618	services purchases in excess of the threshold amount provided in
619	s. 287.017 for CATEGORY TWO. An agency shall also, upon request,
620	furnish a copy of all competitive-solicitation tabulations. The
621	Office of Supplier Diversity may also request from the agencies
622	any information submitted to the department pursuant to this
623	subsection.
624	(6)(8)(a)  In order to strive to meet the minority business
625	enterprise procurement goals set forth in s. 287.09451, an
626	agency may reserve any contract for competitive solicitation
627	only among certified minority business enterprises. Agencies
628	shall review all their contracts each fiscal year and shall
629	determine which contracts may be reserved for solicitation only
630	among certified minority business enterprises. This reservation
631	may only be used when it is determined, by reasonable and
632	objective means, before the solicitation that there are capable,
633	qualified certified minority business enterprises available to
634	submit a bid, proposal, or reply on a contract to provide for
635	effective competition. The Office of Supplier Diversity shall
636	consult with any agency in reaching such determination when
637	deemed appropriate.
638	(b)  Before a contract may be reserved for solicitation
639	only among certified minority business enterprises, the agency
640	head must find that such a reservation is in the best interests
641	of the state. All determinations shall be subject to s.
642	287.09451(5). Once a decision has been made to reserve a
643	contract, but before sealed bids, proposals, or replies are
644	requested, the agency shall estimate what it expects the amount
645	of the contract to be, based on the nature of the services or
646	commodities involved and their value under prevailing market
647	conditions. If all the sealed bids, proposals, or replies
648	received are over this estimate, the agency may reject the bids,
649	proposals, or replies and request new ones from certified
650	minority business enterprises, or the agency may reject the
651	bids, proposals, or replies and reopen the bidding to all
652	eligible vendors.
653	(c)  All agencies shall consider the use of price
654	preferences of up to 10 percent, weighted preference formulas,
655	or other preferences for vendors as determined appropriate
656	pursuant to guidelines established in accordance with s.
657	287.09451(4) to increase the participation of minority business
658	enterprises.
659	(d)  All agencies shall avoid any undue concentration of
660	contracts or purchases in categories of commodities or
661	contractual services in order to meet the minority business
662	enterprise purchasing goals in s. 287.09451.
663	(7)(9)  An agency may reserve any contract for competitive
664	solicitation only among vendors who agree to use certified
665	minority business enterprises as subcontractors or subvendors.
666	The percentage of funds, in terms of gross contract amount and
667	revenues, which must be expended with the certified minority
668	business enterprise subcontractors and subvendors shall be
669	determined by the agency before such contracts may be reserved.
670	In order to bid on a contract so reserved, the vendor shall
671	identify those certified minority business enterprises which
672	will be utilized as subcontractors or subvendors by sworn
673	statement. At the time of performance or project completion, the
674	contractor shall report by sworn statement the payments and
675	completion of work for all certified minority business
676	enterprises used in the contract.
677	(8)(10)  An agency shall not divide the solicitation
678	procurement of commodities or contractual services so as to
679	avoid the requirements of subsections (1)-(3) (1) through (5).
680	(9)(11)  A contract for commodities or contractual services
681	may be awarded without competition if state or federal law
682	prescribes with whom the agency must contract or if the rate of
683	payment is established during the appropriations process.
684	(10)(12)  If two equal responses to a solicitation or a
685	request for quote are received and one response is from a
686	certified minority business enterprise, the agency shall enter
687	into a contract with the certified minority business enterprise.
688	(11)(13)  Extension of a contract for contractual services
689	shall be in writing for a period not to exceed 6 months and
690	shall be subject to the same terms and conditions set forth in
691	the initial contract. There shall be only one extension of a
692	contract unless the failure to meet the criteria set forth in
693	the contract for completion of the contract is due to events
694	beyond the control of the contractor.
695	(12)(14)(a)  Contracts for commodities or contractual
696	services may be renewed for a period that may not exceed 3 years
697	or the term of the original contract, whichever period is
698	longer. Renewal of a contract for commodities or contractual
699	services shall be in writing and shall be subject to the same
700	terms and conditions set forth in the initial contract. If the
701	commodity or contractual service is purchased as a result of the
702	solicitation of bids, proposals, or replies, the price of the
703	commodity or contractual service to be renewed shall be
704	specified in the bid, proposal, or reply. A renewal contract may
705	not include any compensation for costs associated with the
706	renewal. Renewals shall be contingent upon satisfactory
707	performance evaluations by the agency and subject to the
708	availability of funds. Exceptional purchase contracts pursuant
709	to paragraphs (3)(5)(a) and (c) may not be renewed. With the
710	exception of subsection (11)(13), if a contract amendment
711	results in a longer contract term or increased payments, a state
712	agency may not renew or amend a contract for the outsourcing of
713	a service or activity that has an original term value exceeding
714	the sum of $10 million before submitting a written report
715	concerning contract performance to the Governor, the President
716	of the Senate, and the Speaker of the House of Representatives
717	at least 90 days before execution of the renewal or amendment.
718	(b)  The Department of Health shall enter into an
719	agreement, not to exceed 20 years, with a private contractor to
720	finance, design, and construct a hospital, of no more than 50
721	beds, for the treatment of patients with active tuberculosis and
722	to operate all aspects of daily operations within the facility.
723	The contractor may sponsor the issuance of tax-exempt
724	certificates of participation or other securities to finance the
725	project, and the state may enter into a lease-purchase agreement
726	for the facility. The department shall begin the implementation
727	of this initiative by July 1, 2008. This paragraph expires July
728	1, 2009.
729	(c)  In addition to any renewal authorized under paragraph
730	(a), contracts for community-based care lead agency services in
731	accordance with s. 409.1671(1)(e) may be renewed once for a term
732	not to exceed 5 years, provided that the lead agency currently
733	under contract is in compliance with the performance, fiscal,
734	and administrative standards established by the Department of
735	Children and Family Services and the agency head determines that
736	renewal of the contract without a competitive solicitation is in
737	the best interests of the children and families served.
738	(13)(15)  For each contractual services contract, the
739	agency shall designate an employee to function as contract
740	manager who shall be responsible for enforcing performance of
741	the contract terms and conditions and serve as a liaison with
742	the contractor. The agency shall establish procedures to ensure
743	that contractual services have been rendered in accordance with
744	the contract terms prior to processing the invoice for payment.
745	(14)(16)  Each agency shall designate at least one employee
746	who shall serve as a contract administrator responsible for
747	maintaining a contract file and financial information on all
748	contractual services contracts and who shall serve as a liaison
749	with the contract managers and the department.
750	(15)(17)  For a contract in excess of the threshold amount
751	provided in s. 287.017 for CATEGORY FOUR, the agency head shall
752	appoint:
753	(a)  At least three persons to evaluate proposals and
754	replies who collectively have experience and knowledge in the
755	program areas and service requirements for which commodities or
756	contractual services are sought.
757	(b)  At least three persons to conduct negotiations during
758	a competitive sealed reply procurement who collectively have
759	experience and knowledge in negotiating contracts, contract
760	procurement, and the program areas and service requirements for
761	which commodities or contractual services are sought. When the
762	value of a contract is in excess of $1 million in any fiscal
763	year, at least one of the persons conducting negotiations must
764	be certified as a contract negotiator based upon rules adopted
765	by the Department of Management Services in order to ensure that
766	certified contract negotiators are knowledgeable about effective
767	negotiation strategies, capable of successfully implementing
768	those strategies, and involved appropriately in the procurement
769	process. At a minimum, the rules must address the qualifications
770	required for certification, the method of certification, and the
771	procedure for involving the certified negotiator. If the value
772	of a contract is in excess of $10 million in any fiscal year, at
773	least one of the persons conducting negotiations must be a
774	Project Management Professional, as certified by the Project
775	Management Institute.
776	(16)(a)1.  Each agency must avoid, neutralize, or mitigate
777	significant potential organizational conflicts of interest
778	before a contract is awarded. If the agency elects to mitigate
779	the significant potential organizational conflict or conflicts
780	of interest, an adequate mitigation plan including
781	organizational, physical, and electronic barriers shall be
782	developed.
783	2.  If a conflict cannot be avoided or mitigated, an agency
784	is authorized to proceed with the contract award if the agency
785	head certifies that the award is in the best interests of the
786	state. The agency head must specify in writing the basis for the
787	certification.
788	(b)1.  An agency head may not proceed with a contract award
789	under subparagraph (a)2. if a conflict of interest is based upon
790	the vendor gaining an unfair competitive advantage.
791	2.  An unfair competitive advantage exists where the vendor
792	competing for the award of a contract obtained:
793	a.  Access to information that is not available to the
794	public and would assist the vendor in obtaining the contract; or
795	b.  Source selection information that is relevant to the
796	contract but is not available to all competitors and that would
797	assist the vendor in obtaining the contract.
798	3.  An unfair competitive advantage does not exist as a
799	result of the vendor acquiring expertise and having access to
800	publicly available information as a result of performing the
801	incumbent contract or another similar contract.
802	(18)  A person who receives a contract that has not been
803	procured pursuant to subsections (1) through (5) to perform a
804	feasibility study of the potential implementation of a
805	subsequent contract, who participates in the drafting of a
806	solicitation or who develops a program for future
807	implementation, is not eligible to contract with the agency for
808	any other contracts dealing with that specific subject matter,
809	and any firm in which such person has any interest is not
810	eligible to receive such contract. However, this prohibition
811	does not prevent a vendor who responds to a request for
812	information from being eligible to contract with an agency.
813	(17)(19)  Each agency shall establish a review and approval
814	process for all contractual services contracts costing more than
815	the threshold amount provided for in s. 287.017 for CATEGORY
816	THREE which shall include, but not be limited to, program,
817	financial, and legal review and approval. Such reviews and
818	approvals shall be obtained before the contract is executed.
819	(18)(20)  In any procurement that costs more than the
820	threshold amount provided for in s. 287.017 for CATEGORY TWO and
821	is accomplished without competition, the individuals taking part
822	in the development or selection of criteria for evaluation, the
823	evaluation process, and the award process shall attest in
824	writing that they are independent of, and have no conflict of
825	interest in, the entities evaluated and selected.
826	(19)(21)  Nothing in this section shall affect the validity
827	or effect of any contract in existence on October 1, 1990.
828	(20)(22)  An agency may contract for services with any
829	independent, nonprofit college or university which is located
830	within the state and is accredited by the Southern Association
831	of Colleges and Schools, on the same basis as it may contract
832	with any state university and college.
833	(21)(23)  The department, in consultation with the Agency
834	for Enterprise Information Technology and the Comptroller, shall
835	develop a program for online procurement of commodities and
836	contractual services. To enable the state to promote open
837	competition and to leverage its buying power, agencies shall
838	participate in the online procurement program, and eligible
839	users may participate in the program. Only vendors prequalified
840	as meeting mandatory requirements and qualifications criteria
841	may participate in online procurement.
842	(a)  The department, in consultation with the agency, may
843	contract for equipment and services necessary to develop and
844	implement online procurement.
845	(b)  The department, in consultation with the agency, shall
846	adopt rules, pursuant to ss. 120.536(1) and 120.54, to
847	administer the program for online procurement. The rules shall
848	include, but not be limited to:
849	1.  Determining the requirements and qualification criteria
850	for prequalifying vendors.
851	2.  Establishing the procedures for conducting online
852	procurement.
853	3.  Establishing the criteria for eligible commodities and
854	contractual services.
855	4.  Establishing the procedures for providing access to
856	online procurement.
857	5.  Determining the criteria warranting any exceptions to
858	participation in the online procurement program.
859	(c)  The department may impose and shall collect all fees
860	for the use of the online procurement systems.
861	1.  The fees may be imposed on an individual transaction
862	basis or as a fixed percentage of the cost savings generated. At
863	a minimum, the fees must be set in an amount sufficient to cover
864	the projected costs of the services, including administrative
865	and project service costs in accordance with the policies of the
866	department.
867	2.  If the department contracts with a provider for online
868	procurement, the department, pursuant to appropriation, shall
869	compensate the provider from the fees after the department has
870	satisfied all ongoing costs. The provider shall report
871	transaction data to the department each month so that the
872	department may determine the amount due and payable to the
873	department from each vendor.
874	3.  All fees that are due and payable to the state on a
875	transactional basis or as a fixed percentage of the cost savings
876	generated are subject to s. 215.31 and must be remitted within
877	40 days after receipt of payment for which the fees are due. For
878	fees that are not remitted within 40 days, the vendor shall pay
879	interest at the rate established under s. 55.03(1) on the unpaid
880	balance from the expiration of the 40-day period until the fees
881	are remitted.
882	4.  All fees and surcharges collected under this paragraph
883	shall be deposited in the Operating Trust Fund as provided by
884	law.
885	(22)(24)  Each solicitation for the procurement of
886	commodities or contractual services shall include the following
887	provision: "Respondents to this solicitation or persons acting
888	on their behalf may not contact, between the release of the
889	solicitation and the end of the 72-hour period following the
890	agency posting the notice of intended award, excluding
891	Saturdays, Sundays, and state holidays, any employee or officer
892	of the executive or legislative branch concerning any aspect of
893	this solicitation, except in writing to the procurement officer
894	or as provided in the solicitation documents. Violation of this
895	provision may be grounds for rejecting a response."
896	Section 5.  Section 287.0571, Florida Statutes, is amended
897	to read:
898	287.0571  Business case to outsource; applicability of ss.
899	287.0571-287.0574.-
900	(1)  Sections 287.0571-287.0574 may be cited as the
901	"Florida Efficient Government Act."
902	(1)(2)  It is the intent of the Legislature that each state
903	agency focus on its core mission and deliver services
904	effectively and efficiently by leveraging resources and
905	contracting with private sector vendors whenever vendors can
906	more effectively and efficiently provide services and reduce the
907	cost of government.
908	(2)(3)  It is further the intent of the Legislature that
909	business cases to outsource be evaluated for feasibility, cost-
910	effectiveness, and efficiency before a state agency proceeds
911	with any outsourcing of services.
912	(3)(4)  This section does Sections 287.0571-287.0574 do not
913	apply to:
914	(a)  A procurement of commodities and contractual services
915	listed in s. 287.057(3)(5)(e), (f), and (g) and (20)(22).
916	(b)  A procurement of contractual services subject to s.
917	287.055.
918	(c)  A contract in support of the planning, development,
919	implementation, operation, or maintenance of the road, bridge,
920	and public transportation construction program of the Department
921	of Transportation.
922	(d)  A procurement of commodities or contractual services
923	which does not constitute an outsourcing of services or
924	activities.
925	(4)  An agency shall complete a business case for any
926	outsourcing project with an expected cost in excess of $10
927	million within a single fiscal year. The business case shall be
928	submitted pursuant to s. 216.023. The business case shall be
929	available as part of the solicitation but is not subject to
930	challenge and shall include the following:
931	(a)  A detailed description of the service or activity for
932	which the outsourcing is proposed.
933	(b)  A description and analysis of the state agency's
934	current performance, based on existing performance metrics if
935	the state agency is currently performing the service or
936	activity.
937	(c)  The goals desired to be achieved through the proposed
938	outsourcing and the rationale for such goals.
939	(d)  A citation to the existing or proposed legal authority
940	for outsourcing the service or activity.
941	(e)  A description of available options for achieving the
942	goals. If state employees are currently performing the service
943	or activity, at least one option involving maintaining state
944	provision of the service or activity shall be included.
945	(f)  An analysis of the advantages and disadvantages of
946	each option, including, at a minimum, potential performance
947	improvements and risks.
948	(g)  A description of the current market for the
949	contractual services that are under consideration for
950	outsourcing.
951	(h)  A cost-benefit analysis documenting the direct and
952	indirect specific baseline costs, savings, and qualitative and
953	quantitative benefits involved in or resulting from the
954	implementation of the recommended option or options. Such
955	analysis must specify the schedule that, at a minimum, must be
956	adhered to in order to achieve the estimated savings. All
957	elements of cost must be clearly identified in the cost-benefit
958	analysis, described in the business case, and supported by
959	applicable records and reports. The state agency head shall
960	attest that, based on the data and information underlying the
961	business case, to the best of his or her knowledge, all
962	projected costs, savings, and benefits are valid and achievable.
963	As used in this section, the term "cost" means the reasonable,
964	relevant, and verifiable cost, which may include, but is not
965	limited to, elements such as personnel, materials and supplies,
966	services, equipment, capital depreciation, rent, maintenance and
967	repairs, utilities, insurance, personnel travel, overhead, and
968	interim and final payments. The appropriate elements shall
969	depend on the nature of the specific initiative. As used in this
970	section, the term "savings" means the difference between the
971	direct and indirect actual annual baseline costs compared to the
972	projected annual cost for the contracted functions or
973	responsibilities in any succeeding state fiscal year during the
974	term of the contract.
975	(i)  A description of differences among current state
976	agency policies and processes and, as appropriate, a discussion
977	of options for or a plan to standardize, consolidate, or revise
978	current policies and processes, if any, to reduce the
979	customization of any proposed solution that would otherwise be
980	required.
981	(j)  A description of the specific performance standards
982	that must, at a minimum, be met to ensure adequate performance.
983	(k)  The projected timeframe for key events from the
984	beginning of the procurement process through the expiration of a
985	contract.
986	(l)  A plan to ensure compliance with the public records
987	law.
988	(m)  A specific and feasible contingency plan addressing
989	contractor nonperformance and a description of the tasks
990	involved in and costs required for its implementation.
991	(n)  A state agency's transition plan for addressing
992	changes in the number of agency personnel, affected business
993	processes, employee transition issues, and communication with
994	affected stakeholders, such as agency clients and the public.
995	The transition plan must contain a reemployment and retraining
996	assistance plan for employees who are not retained by the state
997	agency or employed by the contractor.
998	(o)  A plan for ensuring access by persons with
999	disabilities in compliance with applicable state and federal
1000	law.
1001	(5)  In addition to the contract requirements provided in
1002	s. 287.058, each contract for a proposed outsourcing, pursuant
1003	to this section, must include, but need not be limited to, the
1004	following contractual provisions:
1005	(a)  A scope-of-work provision that clearly specifies each
1006	service or deliverable to be provided, including a description
1007	of each deliverable or activity that is quantifiable,
1008	measurable, and verifiable. This provision must include a clause
1009	that states if a particular service or deliverable is
1010	inadvertently omitted or not clearly specified but determined to
1011	be operationally necessary and verified to have been performed
1012	by the agency within the 12 months before the execution of the
1013	contract, such service or deliverable will be provided by the
1014	contractor through the identified contract-amendment process.
1015	(b)  A service-level-agreement provision describing all
1016	services to be provided under the terms of the agreement, the
1017	state agency's service requirements and performance objectives,
1018	specific responsibilities of the state agency and the
1019	contractor, and the process for amending any portion of the
1020	service-level agreement. Each service-level agreement must
1021	contain an exclusivity clause that allows the state agency to
1022	retain the right to perform the service or activity, directly or
1023	with another contractor, if service levels are not being
1024	achieved.
1025	(c)  A provision that identifies all associated costs,
1026	specific payment terms, and payment schedules, including
1027	provisions governing incentives and financial disincentives and
1028	criteria governing payment.
1029	(d)  A provision that identifies a clear and specific
1030	transition plan that will be implemented in order to complete
1031	all required activities needed to transfer the service or
1032	activity from the state agency to the contractor and operate the
1033	service or activity successfully.
1034	(e)  A performance-standards provision that identifies all
1035	required performance standards, which must include, at a
1036	minimum:
1037	1.  Detailed and measurable acceptance criteria for each
1038	deliverable and service to be provided to the state agency under
1039	the terms of the contract which document the required
1040	performance level.
1041	2.  A method for monitoring and reporting progress in
1042	achieving specified performance standards and levels.
1043	3.  The sanctions or disincentives that shall be imposed
1044	for nonperformance by the contractor or state agency.
1045	(f)  A provision that requires the contractor and its
1046	subcontractors to maintain adequate accounting records that
1047	comply with all applicable federal and state laws and generally
1048	accepted accounting principles.
1049	(g)  A provision that authorizes the state agency to have
1050	access to and to audit all records related to the contract and
1051	subcontracts, or any responsibilities or functions under the
1052	contract and subcontracts, for purposes of legislative
1053	oversight, and a requirement for audits by a service
1054	organization in accordance with professional auditing standards,
1055	if appropriate.
1056	(h)  A provision that requires the contractor to interview
1057	and consider for employment with the contractor each displaced
1058	state employee who is interested in such employment.
1059	(i)  A contingency-plan provision that describes the
1060	mechanism for continuing the operation of the service or
1061	activity, including transferring the service or activity back to
1062	the state agency or successor contractor if the contractor fails
1063	to perform and comply with the performance standards and levels
1064	of the contract and the contract is terminated.
1065	(j)  A provision that requires the contractor and its
1066	subcontractors to comply with public records laws, specifically
1067	to:
1068	1.  Keep and maintain the public records that ordinarily
1069	and necessarily would be required by the state agency in order
1070	to perform the service or activity.
1071	2.  Provide the public with access to such public records
1072	on the same terms and conditions that the state agency would
1073	provide the records and at a cost that does not exceed that
1074	provided in chapter 119 or as otherwise provided by law.
1075	3.  Ensure that records that are exempt or records that are
1076	confidential and exempt are not disclosed except as authorized
1077	by law.
1078	4.  Meet all requirements for retaining records and
1079	transfer to the state agency, at no cost, all public records in
1080	possession of the contractor upon termination of the contract
1081	and destroy any duplicate public records that are exempt or
1082	confidential and exempt. All records stored electronically must
1083	be provided to the state agency in a format that is compatible
1084	with the information technology systems of the state agency.
1085	(k)1.  A provision that provides that any copyrightable or
1086	patentable intellectual property produced as a result of work or
1087	services performed under the contract, or in any way connected
1088	with the contract, shall be the property of the state, with only
1089	such exceptions as are clearly expressed and reasonably valued
1090	in the contract.
1091	2.  A provision that provides that, if the primary purpose
1092	of the contract is the creation of intellectual property, the
1093	state shall retain an unencumbered right to use such property.
1094	(l)  If applicable, a provision that allows the agency to
1095	purchase from the contractor, at its depreciated value, assets
1096	used by the contractor in the performance of the contract. If
1097	assets have not depreciated, the agency shall retain the right
1098	to negotiate to purchase at an agreed-upon cost.
1099	Section 6.  Section 287.05721, Florida Statutes, is
1100	repealed.
1101	Section 7.  Section 287.0575, Florida Statutes, is created
1102	to read:
1103	287.0575  Coordination of contracted services.-The
1104	following duties and responsibilities of the Department of
1105	Children and Family Services, the Agency for Persons with
1106	Disabilities, the Department of Health, the Department of
1107	Elderly Affairs, and the Florida Department of Veterans Affairs,
1108	and service providers under contract to those agencies, are
1109	established:
1110	(1)  No later than August 1, 2010, or upon entering into
1111	any new contract for health and human services, state agencies
1112	contracting for health and human services must notify their
1113	contract service providers of the requirements of this section.
1114	(2)  No later than October 1, 2010, contract service
1115	providers that have more than one contract with one or more
1116	state agencies to provide health and human services must provide
1117	to each of their contract managers a comprehensive list of their
1118	health and human services contracts. The list must include the
1119	following information:
1120	(a)  The name of each contracting state agency and the
1121	applicable office or program issuing the contract.
1122	(b)  The identifying name and number of each contract.
1123	(c)  The starting and ending date of each contract.
1124	(d)  The amount of each contract.
1125	(e)  A brief description of the purpose of the contract and
1126	the types of services provided under each contract.
1127	(f)  The name and contact information of the contract
1128	manager.
1129	(3)  With respect to contracts entered into after August 1,
1130	2010, effective November 1, 2010, or 30 days after receiving the
1131	list provided under subsection (2), a single lead administrative
1132	coordinator for each contract service provider shall be
1133	designated as provided in this subsection from among the
1134	agencies having multiple contracts as provided in subsection
1135	(2). On or before the date such responsibilities are assumed,
1136	the designated lead administrative coordinator shall provide
1137	notice of his or her designation to the contract service
1138	provider and to the agency contract managers for each affected
1139	contract. Unless another lead administrative coordinator is
1140	selected by agreement of all affected contract managers, the
1141	designated lead administrative coordinator shall be the agency
1142	contract manager of the contract with the highest dollar value
1143	over the term of the contract, provided the term of the contract
1144	remaining at the time of designation exceeds 24 months. If the
1145	remaining terms of all contracts are 24 months or less, the
1146	designated lead administrative coordinator shall be the contract
1147	manager of the contract with the latest end date. A designated
1148	lead administrative coordinator, or his or her successor as
1149	contract manager, shall continue as lead administrative
1150	coordinator until another lead administrative coordinator is
1151	selected by agreement of all affected contract managers or until
1152	the end date of the contract for which the designated lead
1153	administrative coordinator serves as contract manager, at which
1154	time a new lead administrative coordinator shall be designated
1155	pursuant to this subsection if applicable.
1156	(4)  The designated lead administrative coordinator shall
1157	be responsible for:
1158	(a)  Establishing a coordinated schedule for administrative
1159	and fiscal monitoring;
1160	(b)  Consulting with other case managers to establish a
1161	single unified set of required administrative and fiscal
1162	documentation;
1163	(c)  Consulting with other case managers to establish a
1164	single unified schedule for periodic updates of administrative
1165	and fiscal information; and
1166	(d)  Maintaining an accessible electronic file of up-to-
1167	date administrative and fiscal documents, including, but not
1168	limited to, corporate documents, membership records, audits, and
1169	monitoring reports.
1170	(5)  Contract managers for agency contracts other than the
1171	designated lead administrative coordinator must conduct
1172	administrative and fiscal monitoring activities in accordance
1173	with the coordinated schedule and must obtain any necessary
1174	administrative and fiscal documents from the designated lead
1175	administrative coordinator's electronic file.
1176	(6)  This section does not apply to routine program
1177	performance monitoring or prohibit a contracting agency from
1178	directly and immediately contacting the service provider when
1179	the health or safety of clients is at risk.
1180	(7)  Annually, each agency contracting for health and human
1181	services shall evaluate the performance of its designated lead
1182	administrative coordinator in establishing coordinated systems,
1183	improving efficiency, and reducing redundant monitoring
1184	activities for state agencies and their service providers. The
1185	report shall be submitted to the Governor, the President of the
1186	Senate and the Speaker of the House of Representatives.
1187	Section 8.  Section 287.0573, Florida Statutes, is
1188	repealed.
1189	Section 9.  Section 287.0574, Florida Statutes, is
1190	repealed.
1191	Section 10.  Subsections (2) and (3) of section 283.32,
1192	Florida Statutes, are amended to read:
1193	283.32  Recycled paper to be used by each agency; printing
1194	bids certifying use of recycled paper; percentage preference in
1195	awarding contracts.-
1196	(2)  Each agency shall require a vendor that submits a bid
1197	for a contract for printing and that wishes to be considered for
1198	the price preference described in s. 287.045 to certify in
1199	writing the percentage of recycled content of the material used
1200	for such printing. Such vendor may certify that the material
1201	contains no recycled content.
1202	(3)  Upon evaluation of bids for each printing contract,
1203	the agency shall identify the lowest responsive bid and any
1204	other responsive bids in which it has been certified that the
1205	materials used in printing contain at least the minimum
1206	percentage of recycled content that is set forth by the
1207	department. In awarding a contract for printing, the agency may
1208	allow up to a 10-percent price preference, as provided in s.
1209	287.045, to a responsible and responsive vendor that has
1210	certified that the materials used in printing contain at least
1211	the minimum percentage of recycled content established by the
1212	department. If no vendors offer materials for printing that
1213	contain the minimum prescribed recycled content, the contract
1214	shall be awarded to the responsible vendor that submits the
1215	lowest responsive bid.
1216	Section 11.  Subsection (1) of section 403.7065, Florida
1217	Statutes, is amended to read:
1218	403.7065  Procurement of products or materials with
1219	recycled content.-
1220	(1)  Except as provided in s. 287.045, Any state agency or
1221	agency of a political subdivision of the state which is using
1222	state funds, or any person contracting with any such agency with
1223	respect to work performed under contract, is required to procure
1224	products or materials with recycled content when the Department
1225	of Management Services determines that those products or
1226	materials are available. A decision not to procure such items
1227	must be based on the Department of Management Services'
1228	determination that such procurement is not reasonably available
1229	within an acceptable period of time, fails to meet the
1230	performance standards set forth in the applicable
1231	specifications, or fails to meet the performance standards of
1232	the agency. When the requirements of s. 287.045 are met,
1233	agencies shall be subject to the procurement requirements of
1234	that section for procuring products or materials with recycled
1235	content.
1236	Section 12.  Paragraph (d) of subsection (4) of section
1237	14.204, Florida Statutes, is amended to read:
1238	14.204  Agency for Enterprise Information Technology.-The
1239	Agency for Enterprise Information Technology is created within
1240	the Executive Office of the Governor.
1241	(4)  The agency shall have the following duties and
1242	responsibilities:
1243	(d)  Plan and establish policies for managing proposed
1244	statutorily authorized enterprise information technology
1245	services, which includes:
1246	1.  Developing business cases that, when applicable,
1247	include the components identified in s. 287.0571 287.0574;
1248	2.  Establishing and coordinating project-management teams;
1249	3.  Establishing formal risk-assessment and mitigation
1250	processes; and
1251	4.  Providing for independent monitoring of projects for
1252	recommended corrective actions.
1253	Section 13.  Subsection (1) of section 43.16, Florida
1254	Statutes, is amended to read:
1255	43.16  Justice Administrative Commission; membership,
1256	powers and duties.-
1257	(1)  There is hereby created a Justice Administrative
1258	Commission, with headquarters located in the state capital. The
1259	necessary office space for use of the commission shall be
1260	furnished by the proper state agency in charge of state
1261	buildings. For purposes of the fees imposed on agencies pursuant
1262	to s. 287.057(21)(23), the Justice Administrative Commission
1263	shall be exempt from such fees.
1264	Section 14.  Paragraph (e) of subsection (1) of section
1265	61.1826, Florida Statutes, is amended to read:
1266	61.1826  Procurement of services for State Disbursement
1267	Unit and the non-Title IV-D component of the State Case
1268	Registry; contracts and cooperative agreements; penalties;
1269	withholding payment.-
1270	(1)  LEGISLATIVE FINDINGS.-The Legislature finds that the
1271	clerks of court play a vital role, as essential participants in
1272	the establishment, modification, collection, and enforcement of
1273	child support, in securing the health, safety, and welfare of
1274	the children of this state. The Legislature further finds and
1275	declares that:
1276	(e)  The potential loss of substantial federal funds poses
1277	a direct and immediate threat to the health, safety, and welfare
1278	of the children and citizens of the state and constitutes an
1279	emergency for purposes of s. 287.057(3)(5)(a).
1280
1281	For these reasons, the Legislature hereby directs the Department
1282	of Revenue, subject to the provisions of subsection (5), to
1283	contract with the Florida Association of Court Clerks and each
1284	depository to perform duties with respect to the operation and
1285	maintenance of a State Disbursement Unit and the non-Title IV-D
1286	component of the State Case Registry as further provided by this
1287	section.
1288	Section 15.  Paragraph (h) of subsection (1) of section
1289	112.3215, Florida Statutes, is amended to read:
1290	112.3215  Lobbying before the executive branch or the
1291	Constitution Revision Commission; registration and reporting;
1292	investigation by commission.-
1293	(1)  For the purposes of this section:
1294	(h)  "Lobbyist" means a person who is employed and receives
1295	payment, or who contracts for economic consideration, for the
1296	purpose of lobbying, or a person who is principally employed for
1297	governmental affairs by another person or governmental entity to
1298	lobby on behalf of that other person or governmental entity.
1299	"Lobbyist" does not include a person who is:
1300	1.  An attorney, or any person, who represents a client in
1301	a judicial proceeding or in a formal administrative proceeding
1302	conducted pursuant to chapter 120 or any other formal hearing
1303	before an agency, board, commission, or authority of this state.
1304	2.  An employee of an agency or of a legislative or
1305	judicial branch entity acting in the normal course of his or her
1306	duties.
1307	3.  A confidential informant who is providing, or wishes to
1308	provide, confidential information to be used for law enforcement
1309	purposes.
1310	4.  A person who lobbies to procure a contract pursuant to
1311	chapter 287 which contract is less than the threshold for
1312	CATEGORY ONE as provided in s. 287.017(1)(a).
1313	Section 16.  Paragraph (h) of subsection (3) of section
1314	255.25, Florida Statutes, is amended to read:
1315	255.25  Approval required prior to construction or lease of
1316	buildings.-
1317	(3)
1318	(h)  The Department of Management Services may, pursuant to
1319	s. 287.042(2)(a), procure a term contract for real estate
1320	consulting and brokerage services. A state agency may not
1321	purchase services from the contract unless the contract has been
1322	procured under s. 287.057(1), (2), or (3) after March 1, 2007,
1323	and contains the following provisions or requirements:
1324	1.  Awarded brokers must maintain an office or presence in
1325	the market served. In awarding the contract, preference must be
1326	given to brokers that are licensed in this state under chapter
1327	475 and that have 3 or more years of experience in the market
1328	served. The contract may be made with up to three tenant brokers
1329	in order to serve the marketplace in the north, central, and
1330	south areas of the state.
1331	2.  Each contracted tenant broker shall work under the
1332	direction, supervision, and authority of the state agency,
1333	subject to the rules governing lease procurements.
1334	3.  The department shall provide training for the awarded
1335	tenant brokers concerning the rules governing the procurement of
1336	leases.
1337	4.  Tenant brokers must comply with all applicable
1338	provisions of s. 475.278.
1339	5.  Real estate consultants and tenant brokers shall be
1340	compensated by the state agency, subject to the provisions of
1341	the term contract, and such compensation is subject to
1342	appropriation by the Legislature. A real estate consultant or
1343	tenant broker may not receive compensation directly from a
1344	lessor for services that are rendered under the term contract.
1345	Moneys paid to a real estate consultant or tenant broker are
1346	exempt from any charge imposed under s. 287.1345. Moneys paid by
1347	a lessor to the state agency under a facility leasing
1348	arrangement are not subject to the charges imposed under s.
1349	215.20. All terms relating to the compensation of the real
1350	estate consultant or tenant broker shall be specified in the
1351	term contract and may not be supplemented or modified by the
1352	state agency using the contract.
1353	6.  The department shall conduct periodic customer-
1354	satisfaction surveys.
1355	7.  Each state agency shall report the following
1356	information to the department:
1357	a.  The number of leases that adhere to the goal of the
1358	workspace-management initiative of 180 square feet per FTE.
1359	b.  The quality of space leased and the adequacy of tenant-
1360	improvement funds.
1361	c.  The timeliness of lease procurement, measured from the
1362	date of the agency's request to the finalization of the lease.
1363	d.  Whether cost-benefit analyses were performed before
1364	execution of the lease in order to ensure that the lease is in
1365	the best interest of the state.
1366	e.  The lease costs compared to market rates for similar
1367	types and classifications of space according to the official
1368	classifications of the Building Owners and Managers Association.
1369	Section 17.  Paragraph (a) of subsection (2) of section
1370	286.0113, Florida Statutes, is amended to read:
1371	286.0113  General exemptions from public meetings.-
1372	(2)(a)  A meeting at which a negotiation with a vendor is
1373	conducted pursuant to s. 287.057(1)(3) is exempt from s. 286.011
1374	and s. 24(b), Art. I of the State Constitution.
1375	Section 18.  Subsection (1) of section 287.022, Florida
1376	Statutes, is amended to read:
1377	287.022  Purchase of insurance.-
1378	(1)  Insurance, while not a commodity, nevertheless shall
1379	be purchased for all agencies by the department, except that
1380	agencies may purchase title insurance for land acquisition and
1381	may make emergency purchases of insurance pursuant to s.
1382	287.057(3)(5)(a). The procedures for purchasing insurance,
1383	whether the purchase is made by the department or by the
1384	agencies, shall be the same as those set forth herein for the
1385	purchase of commodities.
1386	Section 19.  Paragraph (f) of subsection (1) and subsection
1387	(5) of section 287.058, Florida Statutes, are amended to read:
1388	287.058  Contract document.-
1389	(1)  Every procurement of contractual services in excess of
1390	the threshold amount provided in s. 287.017 for CATEGORY TWO,
1391	except for the providing of health and mental health services or
1392	drugs in the examination, diagnosis, or treatment of sick or
1393	injured state employees or the providing of other benefits as
1394	required by the provisions of chapter 440, shall be evidenced by
1395	a written agreement embodying all provisions and conditions of
1396	the procurement of such services, which provisions and
1397	conditions shall, where applicable, include, but shall not be
1398	limited to:
1399	(f)  A provision specifying that the contract may be
1400	renewed for a period that may not exceed 3 years or the term of
1401	the original contract, whichever period is longer, specifying
1402	the renewal price for the contractual service as set forth in
1403	the bid, proposal, or reply, specifying that costs for the
1404	renewal may not be charged, and specifying that renewals shall
1405	be contingent upon satisfactory performance evaluations by the
1406	agency and subject to the availability of funds. Exceptional
1407	purchase contracts pursuant to s. 287.057(3)(5)(a) and (c) may
1408	not be renewed.
1409
1410	In lieu of a written agreement, the department may authorize the
1411	use of a purchase order for classes of contractual services, if
1412	the provisions of paragraphs (a)-(f) are included in the
1413	purchase order or solicitation. The purchase order must include,
1414	but need not be limited to, an adequate description of the
1415	services, the contract period, and the method of payment. In
1416	lieu of printing the provisions of paragraphs (a)-(f) in the
1417	contract document or purchase order, agencies may incorporate
1418	the requirements of paragraphs (a)-(f) by reference.
1419	(5)  Unless otherwise provided in the General
1420	Appropriations Act or the substantive bill implementing the
1421	General Appropriations Act, the Chief Financial Officer may
1422	waive the requirements of this section for services which are
1423	included in s. 287.057(3)(5)(f).
1424	Section 20.  Subsection (14) of section 287.059, Florida
1425	Statutes, is amended to read:
1426	287.059  Private attorney services.-
1427	(14)  The office of the Attorney General is authorized to
1428	competitively bid and contract with one or more court reporting
1429	services, on a circuitwide basis, on behalf of all state
1430	agencies in accordance with s. 287.057(2). The office of the
1431	Attorney General shall develop requests for proposal for court
1432	reporter services in consultation with the Florida Court
1433	Reporters Association. All agencies shall utilize the contracts
1434	for court reporting services entered into by the office of the
1435	Attorney General where in force, unless otherwise ordered by a
1436	court or unless an agency has a contract for court reporting
1437	services executed prior to May 5, 1993.
1438	Section 21.  Paragraph (b) of subsection (4) of section
1439	295.187, Florida Statutes, is amended to read:
1440	295.187  Florida Service-Disabled Veteran Business
1441	Enterprise Opportunity Act.-
1442	(4)  VENDOR PREFERENCE.-
1443	(b)  Notwithstanding s. 287.057(10)(12), if a service-
1444	disabled veteran business enterprise entitled to the vendor
1445	preference under this section and one or more businesses
1446	entitled to this preference or another vendor preference
1447	provided by law submit bids, proposals, or replies for
1448	procurement of commodities or contractual services that are
1449	equal with respect to all relevant considerations, including
1450	price, quality, and service, then the state agency shall award
1451	the procurement or contract to the business having the smallest
1452	net worth.
1453	Section 22.  Subsection (3) of section 394.457, Florida
1454	Statutes, is amended to read:
1455	394.457  Operation and administration.-
1456	(3)  POWER TO CONTRACT.-The department may contract to
1457	provide, and be provided with, services and facilities in order
1458	to carry out its responsibilities under this part with the
1459	following agencies: public and private hospitals; receiving and
1460	treatment facilities; clinics; laboratories; departments,
1461	divisions, and other units of state government; the state
1462	colleges and universities; the community colleges; private
1463	colleges and universities; counties, municipalities, and any
1464	other governmental unit, including facilities of the United
1465	States Government; and any other public or private entity which
1466	provides or needs facilities or services. Baker Act funds for
1467	community inpatient, crisis stabilization, short-term
1468	residential treatment, and screening services must be allocated
1469	to each county pursuant to the department's funding allocation
1470	methodology. Notwithstanding the provisions of s.
1471	287.057(3)(5)(f), contracts for community-based Baker Act
1472	services for inpatient, crisis stabilization, short-term
1473	residential treatment, and screening provided under this part,
1474	other than those with other units of government, to be provided
1475	for the department must be awarded using competitive sealed bids
1476	when the county commission of the county receiving the services
1477	makes a request to the department's district office by January
1478	15 of the contracting year. The district shall not enter into a
1479	competitively bid contract under this provision if such action
1480	will result in increases of state or local expenditures for
1481	Baker Act services within the district. Contracts for these
1482	Baker Act services using competitive sealed bids will be
1483	effective for 3 years. The department shall adopt rules
1484	establishing minimum standards for such contracted services and
1485	facilities and shall make periodic audits and inspections to
1486	assure that the contracted services are provided and meet the
1487	standards of the department.
1488	Section 23.  Paragraph (a) of subsection (1) of section
1489	394.47865, Florida Statutes, is amended to read:
1490	394.47865  South Florida State Hospital; privatization.-
1491	(1)  The Department of Children and Family Services shall,
1492	through a request for proposals, privatize South Florida State
1493	Hospital. The department shall plan to begin implementation of
1494	this privatization initiative by July 1, 1998.
1495	(a)  Notwithstanding s. 287.057(12)(14), the department may
1496	enter into agreements, not to exceed 20 years, with a private
1497	provider, a coalition of providers, or another agency to
1498	finance, design, and construct a treatment facility having up to
1499	350 beds and to operate all aspects of daily operations within
1500	the facility. The department may subcontract any or all
1501	components of this procurement to a statutorily established
1502	state governmental entity that has successfully contracted with
1503	private companies for designing, financing, acquiring, leasing,
1504	constructing, and operating major privatized state facilities.
1505	Section 24.  Paragraph (c) of subsection (5) and subsection
1506	(8) of section 402.40, Florida Statutes, are amended to read:
1507	402.40  Child welfare training.-
1508	(5)  CORE COMPETENCIES.-
1509	(c)  Notwithstanding s. 287.057(3)(5) and (20)(22), the
1510	department shall competitively solicit and contract for the
1511	development, validation, and periodic evaluation of the training
1512	curricula for the established single integrated curriculum. No
1513	more than one training curriculum may be developed for each
1514	specific subset of the core competencies.
1515	(8)  ESTABLISHMENT OF TRAINING ACADEMIES.-The department
1516	shall establish child welfare training academies as part of a
1517	comprehensive system of child welfare training. In establishing
1518	a program of training, the department may contract for the
1519	operation of one or more training academies to perform one or
1520	more of the following: to offer one or more of the training
1521	curricula developed under subsection (5); to administer the
1522	certification process; to develop, validate, and periodically
1523	evaluate additional training curricula determined to be
1524	necessary, including advanced training that is specific to a
1525	region or contractor, or that meets a particular training need;
1526	or to offer the additional training curricula. The number,
1527	location, and timeframe for establishment of training academies
1528	shall be approved by the Secretary of Children and Family
1529	Services who shall ensure that the goals for the core
1530	competencies and the single integrated curriculum, the
1531	certification process, the trainer qualifications, and the
1532	additional training needs are addressed. Notwithstanding s.
1533	287.057(3)(5) and (20)(22), the department shall competitively
1534	solicit all training academy contracts.
1535	Section 25.  Paragraphs (a) and (b) of subsection (2) and
1536	subsection (3) of section 402.7305, Florida Statutes, are
1537	amended to read:
1538	402.7305  Department of Children and Family Services;
1539	procurement of contractual services; contract management.-
1540	(2)  PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.-
1541	(a)  Notwithstanding s. 287.057(3)(f)11. s.
1542	287.057(5)(f)13., whenever the department intends to contract
1543	with a public postsecondary institution to provide a service,
1544	the department must allow all public postsecondary institutions
1545	in this state that are accredited by the Southern Association of
1546	Colleges and Schools to bid on the contract. Thereafter,
1547	notwithstanding any other provision to the contrary, if a public
1548	postsecondary institution intends to subcontract for any service
1549	awarded in the contract, the subcontracted service must be
1550	procured by competitive procedures.
1551	(b)  When it is in the best interest of a defined segment
1552	of its consumer population, the department may competitively
1553	procure and contract for systems of treatment or service that
1554	involve multiple providers, rather than procuring and
1555	contracting for treatment or services separately from each
1556	participating provider. The department must ensure that all
1557	providers that participate in the treatment or service system
1558	meet all applicable statutory, regulatory, service quality, and
1559	cost control requirements. If other governmental entities or
1560	units of special purpose government contribute matching funds to
1561	the support of a given system of treatment or service, the
1562	department shall formally request information from those funding
1563	entities in the procurement process and may take the information
1564	received into account in the selection process. If a local
1565	government contributes matching funds to support the system of
1566	treatment or contracted service and if the match constitutes at
1567	least 25 percent of the value of the contract, the department
1568	shall afford the governmental match contributor an opportunity
1569	to name an employee as one of the persons required by s.
1570	287.057(15)(17) to evaluate or negotiate certain contracts,
1571	unless the department sets forth in writing the reason why the
1572	inclusion would be contrary to the best interest of the state.
1573	Any employee so named by the governmental match contributor
1574	shall qualify as one of the persons required by s.
1575	287.057(15)(17). A governmental entity or unit of special
1576	purpose government may not name an employee as one of the
1577	persons required by s. 287.057(15)(17) if it, or any of its
1578	political subdivisions, executive agencies, or special
1579	districts, intends to compete for the contract to be awarded.
1580	The governmental funding entity or contributor of matching funds
1581	must comply with all procurement procedures set forth in s.
1582	287.057 when appropriate and required.
1583	(3)  CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.-The
1584	Department of Children and Family Services shall review the time
1585	period for which the department executes contracts and shall
1586	execute multiyear contracts to make the most efficient use of
1587	the resources devoted to contract processing and execution.
1588	Whenever the department chooses not to use a multiyear contract,
1589	a justification for that decision must be contained in the
1590	contract. Notwithstanding s. 287.057(13)(15), the department is
1591	responsible for establishing a contract management process that
1592	requires a member of the department's Senior Management or
1593	Selected Exempt Service to assign in writing the responsibility
1594	of a contract to a contract manager. The department shall
1595	maintain a set of procedures describing its contract management
1596	process which must minimally include the following requirements:
1597	(a)  The contract manager shall maintain the official
1598	contract file throughout the duration of the contract and for a
1599	period not less than 6 years after the termination of the
1600	contract.
1601	(b)  The contract manager shall review all invoices for
1602	compliance with the criteria and payment schedule provided for
1603	in the contract and shall approve payment of all invoices before
1604	their transmission to the Department of Financial Services for
1605	payment.
1606	(c)  The contract manager shall maintain a schedule of
1607	payments and total amounts disbursed and shall periodically
1608	reconcile the records with the state's official accounting
1609	records.
1610	(d)  For contracts involving the provision of direct client
1611	services, the contract manager shall periodically visit the
1612	physical location where the services are delivered and speak
1613	directly to clients receiving the services and the staff
1614	responsible for delivering the services.
1615	(e)  The contract manager shall meet at least once a month
1616	directly with the contractor's representative and maintain
1617	records of such meetings.
1618	(f)  The contract manager shall periodically document any
1619	differences between the required performance measures and the
1620	actual performance measures. If a contractor fails to meet and
1621	comply with the performance measures established in the
1622	contract, the department may allow a reasonable period for the
1623	contractor to correct performance deficiencies. If performance
1624	deficiencies are not resolved to the satisfaction of the
1625	department within the prescribed time, and if no extenuating
1626	circumstances can be documented by the contractor to the
1627	department's satisfaction, the department must terminate the
1628	contract. The department may not enter into a new contract with
1629	that same contractor for the services for which the contract was
1630	previously terminated for a period of at least 24 months after
1631	the date of termination. The contract manager shall obtain and
1632	enforce corrective action plans, if appropriate, and maintain
1633	records regarding the completion or failure to complete
1634	corrective action items.
1635	(g)  The contract manager shall document any contract
1636	modifications, which shall include recording any contract
1637	amendments as provided for in this section.
1638	(h)  The contract manager shall be properly trained before
1639	being assigned responsibility for any contract.
1640	Section 26.  Subsection (2) of section 408.045, Florida
1641	Statutes, is amended to read:
1642	408.045  Certificate of need; competitive sealed
1643	proposals.-
1644	(2)  The agency shall make a decision regarding the
1645	issuance of the certificate of need in accordance with the
1646	provisions of s. 287.057(15)(17), rules adopted by the agency
1647	relating to intermediate care facilities for the developmentally
1648	disabled, and the criteria in s. 408.035, as further defined by
1649	rule.
1650	Section 27.  Subsection (3) of section 427.0135, Florida
1651	Statutes, is amended to read:
1652	427.0135  Purchasing agencies; duties and
1653	responsibilities.-Each purchasing agency, in carrying out the
1654	policies and procedures of the commission, shall:
1655	(3)  Not procure transportation disadvantaged services
1656	without initially negotiating with the commission, as provided
1657	in s. 287.057(3)(f)11. s. 287.057(5)(f)13., or unless otherwise
1658	authorized by statute. If the purchasing agency, after
1659	consultation with the commission, determines that it cannot
1660	reach mutually acceptable contract terms with the commission,
1661	the purchasing agency may contract for the same transportation
1662	services provided in a more cost-effective manner and of
1663	comparable or higher quality and standards. The Medicaid agency
1664	shall implement this subsection in a manner consistent with s.
1665	409.908(18) and as otherwise limited or directed by the General
1666	Appropriations Act.
1667	Section 28.  Paragraph (c) of subsection (5) of section
1668	445.024, Florida Statutes, is amended to read:
1669	445.024  Work requirements.-
1670	(5)  USE OF CONTRACTS.-Regional workforce boards shall
1671	provide work activities, training, and other services, as
1672	appropriate, through contracts. In contracting for work
1673	activities, training, or services, the following applies:
1674	(c)  Notwithstanding the exemption from the competitive
1675	sealed bid requirements provided in s. 287.057(3)(5)(f) for
1676	certain contractual services, each contract awarded under this
1677	chapter must be awarded on the basis of a competitive sealed
1678	bid, except for a contract with a governmental entity as
1679	determined by the regional workforce board.
1680	Section 29.  Paragraph (b) of subsection (3) of section
1681	481.205, Florida Statutes, is amended to read:
1682	481.205  Board of Architecture and Interior Design.-
1683	(3)
1684	(b)  The board shall contract with a corporation or other
1685	business entity pursuant to s. 287.057(3) to provide
1686	investigative, legal, prosecutorial, and other services
1687	necessary to perform its duties.
1688	Section 30.  Subsection (41) of section 570.07, Florida
1689	Statutes, is amended to read:
1690	570.07  Department of Agriculture and Consumer Services;
1691	functions, powers, and duties.-The department shall have and
1692	exercise the following functions, powers, and duties:
1693	(41)  Notwithstanding the provisions of s. 287.057(21)(23)
1694	that require all agencies to use the online procurement system
1695	developed by the Department of Management Services, the
1696	department may continue to use its own online system. However,
1697	vendors utilizing such system shall be prequalified as meeting
1698	mandatory requirements and qualifications and shall remit fees
1699	pursuant to s. 287.057(21)(23), and any rules implementing s.
1700	287.057.
1701	Section 31.  Paragraph (c) of subsection (5) of section
1702	627.311, Florida Statutes, is amended to read:
1703	627.311  Joint underwriters and joint reinsurers; public
1704	records and public meetings exemptions.-
1705	(5)
1706	(c)  The operation of the plan shall be governed by a plan
1707	of operation that is prepared at the direction of the board of
1708	governors and approved by order of the office. The plan is
1709	subject to continuous review by the office. The office may, by
1710	order, withdraw approval of all or part of a plan if the office
1711	determines that conditions have changed since approval was
1712	granted and that the purposes of the plan require changes in the
1713	plan. The plan of operation shall:
1714	1.  Authorize the board to engage in the activities
1715	necessary to implement this subsection, including, but not
1716	limited to, borrowing money.
1717	2.  Develop criteria for eligibility for coverage by the
1718	plan, including, but not limited to, documented rejection by at
1719	least two insurers which reasonably assures that insureds
1720	covered under the plan are unable to acquire coverage in the
1721	voluntary market.
1722	3.  Require notice from the agent to the insured at the
1723	time of the application for coverage that the application is for
1724	coverage with the plan and that coverage may be available
1725	through an insurer, group self-insurers' fund, commercial self-
1726	insurance fund, or assessable mutual insurer through another
1727	agent at a lower cost.
1728	4.  Establish programs to encourage insurers to provide
1729	coverage to applicants of the plan in the voluntary market and
1730	to insureds of the plan, including, but not limited to:
1731	a.  Establishing procedures for an insurer to use in
1732	notifying the plan of the insurer's desire to provide coverage
1733	to applicants to the plan or existing insureds of the plan and
1734	in describing the types of risks in which the insurer is
1735	interested. The description of the desired risks must be on a
1736	form developed by the plan.
1737	b.  Developing forms and procedures that provide an insurer
1738	with the information necessary to determine whether the insurer
1739	wants to write particular applicants to the plan or insureds of
1740	the plan.
1741	c.  Developing procedures for notice to the plan and the
1742	applicant to the plan or insured of the plan that an insurer
1743	will insure the applicant or the insured of the plan, and notice
1744	of the cost of the coverage offered; and developing procedures
1745	for the selection of an insuring entity by the applicant or
1746	insured of the plan.
1747	d.  Provide for a market-assistance plan to assist in the
1748	placement of employers. All applications for coverage in the
1749	plan received 45 days before the effective date for coverage
1750	shall be processed through the market-assistance plan. A market-
1751	assistance plan specifically designed to serve the needs of
1752	small, good policyholders as defined by the board must be
1753	reviewed and updated periodically.
1754	5.  Provide for policy and claims services to the insureds
1755	of the plan of the nature and quality provided for insureds in
1756	the voluntary market.
1757	6.  Provide for the review of applications for coverage
1758	with the plan for reasonableness and accuracy, using any
1759	available historic information regarding the insured.
1760	7.  Provide for procedures for auditing insureds of the
1761	plan which are based on reasonable business judgment and are
1762	designed to maximize the likelihood that the plan will collect
1763	the appropriate premiums.
1764	8.  Authorize the plan to terminate the coverage of and
1765	refuse future coverage for any insured that submits a fraudulent
1766	application to the plan or provides fraudulent or grossly
1767	erroneous records to the plan or to any service provider of the
1768	plan in conjunction with the activities of the plan.
1769	9.  Establish service standards for agents who submit
1770	business to the plan.
1771	10.  Establish criteria and procedures to prohibit any
1772	agent who does not adhere to the established service standards
1773	from placing business with the plan or receiving, directly or
1774	indirectly, any commissions for business placed with the plan.
1775	11.  Provide for the establishment of reasonable safety
1776	programs for all insureds in the plan. All insureds of the plan
1777	must participate in the safety program.
1778	12.  Authorize the plan to terminate the coverage of and
1779	refuse future coverage to any insured who fails to pay premiums
1780	or surcharges when due; who, at the time of application, is
1781	delinquent in payments of workers' compensation or employer's
1782	liability insurance premiums or surcharges owed to an insurer,
1783	group self-insurers' fund, commercial self-insurance fund, or
1784	assessable mutual insurer licensed to write such coverage in
1785	this state; or who refuses to substantially comply with any
1786	safety programs recommended by the plan.
1787	13.  Authorize the board of governors to provide the goods
1788	and services required by the plan through staff employed by the
1789	plan, through reasonably compensated service providers who
1790	contract with the plan to provide services as specified by the
1791	board of governors, or through a combination of employees and
1792	service providers.
1793	a.  Purchases that equal or exceed $2,500 but are less than
1794	or equal to $25,000, shall be made by receipt of written quotes,
1795	telephone quotes, or informal bids, whenever practical. The
1796	procurement of goods or services valued over $25,000 is subject
1797	to competitive solicitation, except in situations in which the
1798	goods or services are provided by a sole source or are deemed an
1799	emergency purchase, or the services are exempted from
1800	competitive-solicitation requirements under s. 287.057(3)(5)(f).
1801	Justification for the sole-sourcing or emergency procurement
1802	must be documented. Contracts for goods or services valued at or
1803	over $100,000 are subject to board approval.
1804	b.  The board shall determine whether it is more cost-
1805	effective and in the best interests of the plan to use legal
1806	services provided by in-house attorneys employed by the plan
1807	rather than contracting with outside counsel. In making such
1808	determination, the board shall document its findings and shall
1809	consider the expertise needed; whether time commitments exceed
1810	in-house staff resources; whether local representation is
1811	needed; the travel, lodging, and other costs associated with in-
1812	house representation; and such other factors that the board
1813	determines are relevant.
1814	14.  Provide for service standards for service providers,
1815	methods of determining adherence to those service standards,
1816	incentives and disincentives for service, and procedures for
1817	terminating contracts for service providers that fail to adhere
1818	to service standards.
1819	15.  Provide procedures for selecting service providers and
1820	standards for qualification as a service provider that
1821	reasonably assure that any service provider selected will
1822	continue to operate as an ongoing concern and is capable of
1823	providing the specified services in the manner required.
1824	16.  Provide for reasonable accounting and data-reporting
1825	practices.
1826	17.  Provide for annual review of costs associated with the
1827	administration and servicing of the policies issued by the plan
1828	to determine alternatives by which costs can be reduced.
1829	18.  Authorize the acquisition of such excess insurance or
1830	reinsurance as is consistent with the purposes of the plan.
1831	19.  Provide for an annual report to the office on a date
1832	specified by the office and containing such information as the
1833	office reasonably requires.
1834	20.  Establish multiple rating plans for various
1835	classifications of risk which reflect risk of loss, hazard
1836	grade, actual losses, size of premium, and compliance with loss
1837	control. At least one of such plans must be a preferred-rating
1838	plan to accommodate small-premium policyholders with good
1839	experience as defined in sub-subparagraph 22.a.
1840	21.  Establish agent commission schedules.
1841	22.  For employers otherwise eligible for coverage under
1842	the plan, establish three tiers of employers meeting the
1843	criteria and subject to the rate limitations specified in this
1844	subparagraph.
1845	a.  Tier One.-
1846	(I)  Criteria; rated employers.-An employer that has an
1847	experience modification rating shall be included in Tier One if
1848	the employer meets all of the following:
1849	(A)  The experience modification is below 1.00.
1850	(B)  The employer had no lost-time claims subsequent to the
1851	applicable experience modification rating period.
1852	(C)  The total of the employer's medical-only claims
1853	subsequent to the applicable experience modification rating
1854	period did not exceed 20 percent of premium.
1855	(II)  Criteria; non-rated employers.-An employer that does
1856	not have an experience modification rating shall be included in
1857	Tier One if the employer meets all of the following:
1858	(A)  The employer had no lost-time claims for the 3-year
1859	period immediately preceding the inception date or renewal date
1860	of the employer's coverage under the plan.
1861	(B)  The total of the employer's medical-only claims for
1862	the 3-year period immediately preceding the inception date or
1863	renewal date of the employer's coverage under the plan did not
1864	exceed 20 percent of premium.
1865	(C)  The employer has secured workers' compensation
1866	coverage for the entire 3-year period immediately preceding the
1867	inception date or renewal date of the employer's coverage under
1868	the plan.
1869	(D)  The employer is able to provide the plan with a loss
1870	history generated by the employer's prior workers' compensation
1871	insurer, except if the employer is not able to produce a loss
1872	history due to the insolvency of an insurer, the receiver shall
1873	provide to the plan, upon the request of the employer or the
1874	employer's agent, a copy of the employer's loss history from the
1875	records of the insolvent insurer if the loss history is
1876	contained in records of the insurer which are in the possession
1877	of the receiver. If the receiver is unable to produce the loss
1878	history, the employer may, in lieu of the loss history, submit
1879	an affidavit from the employer and the employer's insurance
1880	agent setting forth the loss history.
1881	(E)  The employer is not a new business.
1882	(III)  Premiums.-The premiums for Tier One insureds shall
1883	be set at a premium level 25 percent above the comparable
1884	voluntary market premiums until the plan has sufficient
1885	experience as determined by the board to establish an
1886	actuarially sound rate for Tier One, at which point the board
1887	shall, subject to paragraph (e), adjust the rates, if necessary,
1888	to produce actuarially sound rates, provided such rate
1889	adjustment shall not take effect prior to January 1, 2007.
1890	b.  Tier Two.-
1891	(I)  Criteria; rated employers.-An employer that has an
1892	experience modification rating shall be included in Tier Two if
1893	the employer meets all of the following:
1894	(A)  The experience modification is equal to or greater
1895	than 1.00 but not greater than 1.10.
1896	(B)  The employer had no lost-time claims subsequent to the
1897	applicable experience modification rating period.
1898	(C)  The total of the employer's medical-only claims
1899	subsequent to the applicable experience modification rating
1900	period did not exceed 20 percent of premium.
1901	(II)  Criteria; non-rated employers.-An employer that does
1902	not have any experience modification rating shall be included in
1903	Tier Two if the employer is a new business. An employer shall be
1904	included in Tier Two if the employer has less than 3 years of
1905	loss experience in the 3-year period immediately preceding the
1906	inception date or renewal date of the employer's coverage under
1907	the plan and the employer meets all of the following:
1908	(A)  The employer had no lost-time claims for the 3-year
1909	period immediately preceding the inception date or renewal date
1910	of the employer's coverage under the plan.
1911	(B)  The total of the employer's medical-only claims for
1912	the 3-year period immediately preceding the inception date or
1913	renewal date of the employer's coverage under the plan did not
1914	exceed 20 percent of premium.
1915	(C)  The employer is able to provide the plan with a loss
1916	history generated by the workers' compensation insurer that
1917	provided coverage for the portion or portions of such period
1918	during which the employer had secured workers' compensation
1919	coverage, except if the employer is not able to produce a loss
1920	history due to the insolvency of an insurer, the receiver shall
1921	provide to the plan, upon the request of the employer or the
1922	employer's agent, a copy of the employer's loss history from the
1923	records of the insolvent insurer if the loss history is
1924	contained in records of the insurer which are in the possession
1925	of the receiver. If the receiver is unable to produce the loss
1926	history, the employer may, in lieu of the loss history, submit
1927	an affidavit from the employer and the employer's insurance
1928	agent setting forth the loss history.
1929	(III)  Premiums.-The premiums for Tier Two insureds shall
1930	be set at a rate level 50 percent above the comparable voluntary
1931	market premiums until the plan has sufficient experience as
1932	determined by the board to establish an actuarially sound rate
1933	for Tier Two, at which point the board shall, subject to
1934	paragraph (e), adjust the rates, if necessary, to produce
1935	actuarially sound rates, provided such rate adjustment shall not
1936	take effect prior to January 1, 2007.
1937	c.  Tier Three.-
1938	(I)  Eligibility.-An employer shall be included in Tier
1939	Three if the employer does not meet the criteria for Tier One or
1940	Tier Two.
1941	(II)  Rates.-The board shall establish, subject to
1942	paragraph (e), and the plan shall charge, actuarially sound
1943	rates for Tier Three insureds.
1944	23.  For Tier One or Tier Two employers which employ no
1945	nonexempt employees or which report payroll which is less than
1946	the minimum wage hourly rate for one full-time employee for 1
1947	year at 40 hours per week, the plan shall establish actuarially
1948	sound premiums, provided, however, that the premiums may not
1949	exceed $2,500. These premiums shall be in addition to the fee
1950	specified in subparagraph 26. When the plan establishes
1951	actuarially sound rates for all employers in Tier One and Tier
1952	Two, the premiums for employers referred to in this paragraph
1953	are no longer subject to the $2,500 cap.
1954	24.  Provide for a depopulation program to reduce the
1955	number of insureds in the plan. If an employer insured through
1956	the plan is offered coverage from a voluntary market carrier:
1957	a.  During the first 30 days of coverage under the plan;
1958	b.  Before a policy is issued under the plan;
1959	c.  By issuance of a policy upon expiration or cancellation
1960	of the policy under the plan; or
1961	d.  By assumption of the plan's obligation with respect to
1962	an in-force policy,
1963
1964	that employer is no longer eligible for coverage through the
1965	plan. The premium for risks assumed by the voluntary market
1966	carrier must be no greater than the premium the insured would
1967	have paid under the plan, and shall be adjusted upon renewal to
1968	reflect changes in the plan rates and the tier for which the
1969	insured would qualify as of the time of renewal. The insured may
1970	be charged such premiums only for the first 3 years of coverage
1971	in the voluntary market. A premium under this subparagraph is
1972	deemed approved and is not an excess premium for purposes of s.
1973	627.171.
1974	25.  Require that policies issued and applications must
1975	include a notice that the policy could be replaced by a policy
1976	issued from a voluntary market carrier and that, if an offer of
1977	coverage is obtained from a voluntary market carrier, the
1978	policyholder is no longer eligible for coverage through the
1979	plan. The notice must also specify that acceptance of coverage
1980	under the plan creates a conclusive presumption that the
1981	applicant or policyholder is aware of this potential.
1982	26.  Require that each application for coverage and each
1983	renewal premium be accompanied by a nonrefundable fee of $475 to
1984	cover costs of administration and fraud prevention. The board
1985	may, with the prior approval of the office, increase the amount
1986	of the fee pursuant to a rate filing to reflect increased costs
1987	of administration and fraud prevention. The fee is not subject
1988	to commission and is fully earned upon commencement of coverage.
1989	Section 32.  Paragraph (e) of subsection (6) of section
1990	627.351, Florida Statutes, is amended to read:
1991	627.351  Insurance risk apportionment plans.-
1992	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.-
1993	(e)  Purchases that equal or exceed $2,500, but are less
1994	than $25,000, shall be made by receipt of written quotes,
1995	written record of telephone quotes, or informal bids, whenever
1996	practical. The procurement of goods or services valued at or
1997	over $25,000 shall be subject to competitive solicitation,
1998	except in situations where the goods or services are provided by
1999	a sole source or are deemed an emergency purchase; the services
2000	are exempted from competitive solicitation requirements under s.
2001	287.057(3)(5)(f); or the procurement of services is subject to
2002	s. 627.3513. Justification for the sole-sourcing or emergency
2003	procurement must be documented. Contracts for goods or services
2004	valued at or over $100,000 are subject to approval by the board.
2005	Section 33.  Subsection (2) of section 765.5155, Florida
2006	Statutes, is amended to read:
2007	765.5155  Donor registry; education program.-
2008	(2)  The agency and the department shall jointly contract
2009	for the operation of a donor registry and education program. The
2010	contractor shall be procured by competitive solicitation
2011	pursuant to chapter 287, notwithstanding any exemption in s.
2012	287.057(3)(5)(f). When awarding the contract, priority shall be
2013	given to existing nonprofit groups that are based within the
2014	state, have expertise working with procurement organizations,
2015	have expertise in conducting statewide organ and tissue donor
2016	public education campaigns, and represent the needs of the organ
2017	and tissue donation community in the state.
2018	Section 34.  Subsection (10) of section 893.055, Florida
2019	Statutes, is amended to read:
2020	893.055  Prescription drug monitoring program.-
2021	(10)  All costs incurred by the department in administering
2022	the prescription drug monitoring program shall be funded through
2023	federal grants or private funding applied for or received by the
2024	state. The department may not commit funds for the monitoring
2025	program without ensuring funding is available. The prescription
2026	drug monitoring program and the implementation thereof are
2027	contingent upon receipt of the nonstate funding. The department
2028	and state government shall cooperate with the direct-support
2029	organization established pursuant to subsection (11) in seeking
2030	federal grant funds, other nonstate grant funds, gifts,
2031	donations, or other private moneys for the department so long as
2032	the costs of doing so are not considered material. Nonmaterial
2033	costs for this purpose include, but are not limited to, the
2034	costs of mailing and personnel assigned to research or apply for
2035	a grant. Notwithstanding the exemptions to competitive-
2036	solicitation requirements under s. 287.057(3)(5)(f), the
2037	department shall comply with the competitive-solicitation
2038	requirements under s. 287.057 for the procurement of any goods
2039	or services required by this section.
2040	Section 35.  Subsection (3) of section 1013.38, Florida
2041	Statutes, is amended to read:
2042	1013.38  Boards to ensure that facilities comply with
2043	building codes and life safety codes.-
2044	(3)  The Department of Management Services may, upon
2045	request, provide facilities services for the Florida School for
2046	the Deaf and the Blind, the Division of Blind Services, and
2047	public broadcasting. As used in this section, the term
2048	"facilities services" means project management, code and design
2049	plan review, and code compliance inspection for projects as
2050	defined in s. 287.017(5)(1)(e).
2051	Section 36.  Section 21 of chapter 2009-55, 2009 Laws of
2052	Florida, is amended to read:
2053	Section 21.  The Agency for Health Care Administration
2054	shall develop and implement a home health agency monitoring
2055	pilot project in Miami-Dade County by January 1, 2010. The
2056	agency shall contract with a vendor to verify the utilization
2057	and the delivery of home health services and provide an
2058	electronic billing interface for such services. The contract
2059	must require the creation of a program to submit claims for the
2060	home health services electronically. The program must verify
2061	visits for the delivery of home health services telephonically
2062	using voice biometrics. The agency may seek amendments to the
2063	Medicaid state plan and waivers of federal law, as necessary, to
2064	implement the pilot project. Notwithstanding s.
2065	287.057(3)(5)(f), Florida Statutes, the agency must award the
2066	contract through the competitive solicitation process. The
2067	agency shall submit a report to the Governor, the President of
2068	the Senate, and the Speaker of the House of Representatives
2069	evaluating the pilot project by February 1, 2011.
2070	Section 37.  Section 31 of chapter 2009-223, Laws of
2071	Florida, is amended to read:
2072	Section 31.  Pilot project to monitor home health
2073	services.-The Agency for Health Care Administration shall
2074	develop and implement a home health agency monitoring pilot
2075	project in Miami-Dade County by January 1, 2010. The agency
2076	shall contract with a vendor to verify the utilization and
2077	delivery of home health services and provide an electronic
2078	billing interface for home health services. The contract must
2079	require the creation of a program to submit claims
2080	electronically for the delivery of home health services. The
2081	program must verify telephonically visits for the delivery of
2082	home health services using voice biometrics. The agency may seek
2083	amendments to the Medicaid state plan and waivers of federal
2084	laws, as necessary, to implement the pilot project.
2085	Notwithstanding s. 287.057(3)(5)(f), Florida Statutes, the
2086	agency must award the contract through the competitive
2087	solicitation process. The agency shall submit a report to the
2088	Governor, the President of the Senate, and the Speaker of the
2089	House of Representatives evaluating the pilot project by
2090	February 1, 2011.
2091	Section 38.  This act shall take effect January 1, 2011.

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