CS/HB 7151

1
A bill to be entitled
2An act relating to procurement; amending s. 287.012, F.S.;
3revising, eliminating, and providing definitions; amending
4s. 287.017, F.S.; revising the threshold amounts for state
5purchasing categories; eliminating a requirement that the
6Department of Management Services adopt rules to adjust
7the threshold amounts; repealing s. 287.045, F.S.,
8relating to procurement of products and materials with
9recycled content; amending s. 287.057, F.S.; revising and
10organizing provisions relating to the procurement of
11commodities and contractual services by the state;
12specifying authorized uses for competitive solicitation
13processes; providing procedures and requirements with
14respect to competitive solicitation; specifying types of
15procurements for which invitations to bid, requests for
16proposals, and invitations to negotiate are to be utilized
17and providing procedures and requirements with respect
18thereto; revising contractual services and commodities
19that are not subject to competitive-solicitation
20requirements; prohibiting an agency from dividing the
21solicitation of commodities or contractual services in
22order to avoid specified requirements; authorizing a
23renewal of contracts for community-based care lead agency
24services for a specified term under certain conditions;
25providing a requirement that an agency must avoid,
26neutralize, or mitigate significant potential
27organizational conflicts of interests before a contract is
28awarded; providing procedures and requirements with
29respect to mitigation of such conflicts of interest;
30authorizing an agency to proceed with a contract award
31when such conflict cannot be avoided or mitigated under
32specified circumstances and providing a restriction on
33such award; specifying conditions that constitute an
34unfair competitive advantage for a vendor; eliminating
35provisions with respect to eligibility of persons who
36receive specified contracts that were not subject to
37competitive procurement to contract with an agency for any
38other contracts dealing with the specific subject matter
39of the original contract; amending s. 287.0571, F.S.;
40revising applicability of ss. 287.0571-287.0574, F.S.;
41specifying procurements and contracts to which s.
42287.0571, F.S., relating to agency business cases for
43outsourcing of specified projects, does not apply;
44requiring an agency to complete a business case for any
45outsourcing project with an expected cost in excess of a
46specified amount within a single fiscal year; providing
47for the submission of the business case in accordance with
48provisions governing the submission of agency legislative
49budget requests; providing that a business case is not
50subject to challenge; providing required components of a
51business case; specifying required provisions for a
52contract for a proposed outsourcing; repealing s.
53287.05721, F.S.; eliminating definitions; creating s.
54287.0575, F.S.; establishing duties and responsibilities
55of the Department of Children and Family Services, the
56Agency for Persons with Disabilities, the Department of
57Health, the Department of Elderly Affairs, and the Florida
58Department of Veterans Affairs, and service providers
59under contract to those agencies, with respect to
60coordination of contracted services; requiring state
61agencies contracting for health and human services to
62notify their contract service providers of certain
63requirements by a specified date or upon entering into any
64new contract for health and human services; requiring
65service providers that have more than one contract with
66one or more state agencies to provide health and human
67services to provide each of their contract managers with a
68comprehensive list of their health and human services
69contracts by a specified date; specifying information to
70be contained in the list; providing for assignment, by a
71specified date, of a single lead administrative
72coordinator for each service provider from among agencies
73having multiple health and human services contracts;
74requiring the lead administrative coordinator to provide
75notice of his or her designation to the service provider
76and to the agency contract managers for each affected
77contract; providing the method of selection of lead
78administrative coordinator; providing responsibilities of
79the designated lead administrative coordinator; providing
80duties of contract managers for agency contracts;
81providing nonapplicability; requiring annual performance
82evaluations of designated lead administrative coordinators
83by each agency contracting for health and human services;
84providing for a report; repealing s. 287.0573, F.S., which
85establishes the Council on Efficient Government and
86provides membership and duties thereof; repealing s.
87287.0574, F.S.; eliminating provisions relating to
88business cases to outsource, review and analysis conducted
89thereunder, and requirements thereof that are relocated in
90other sections of Florida Statutes set forth in this act;
91amending ss. 283.32 and 403.7065, F.S.; conforming
92provisions to the repeal of s. 287.045, F.S.; relating to
93procurement of products and materials with recycled
94content; amending ss. 14.204, 43.16, 61.1826, 112.3215,
95255.25, 286.0113, 287.022, 287.058, 287.059, 295.187,
96394.457, 394.47865, 402.40, 402.7305, 408.045, 427.0135,
97445.024, 481.205, 570.07, 627.311, 627.351, 765.5155,
98893.055, and 1013.38, F.S., s. 21, ch. 2009-55, Laws of
99Florida, and s. 31, ch. 2009-223, Laws of Florida;
100conforming cross-references; providing an effective date.
101
102Be It Enacted by the Legislature of the State of Florida:
103
104     Section 1.  Section 287.012, Florida Statutes, is amended
105to read:
106     287.012  Definitions.-As used in this part, the term:
107     (1)  "Agency" means any of the various state officers,
108departments, boards, commissions, divisions, bureaus, and
109councils and any other unit of organization, however designated,
110of the executive branch of state government. "Agency" does not
111include the university and college boards of trustees or the
112state universities and colleges.
113     (2)  "Agency head" means, with respect to an agency headed
114by a collegial body, the executive director or chief
115administrative officer of the agency.
116     (3)  "Artistic services" "Artist" means the rendering by a
117contractor of its time and effort to create or perform an
118artistic work in the fields an individual or group of
119individuals who profess and practice a demonstrated creative
120talent and skill in the area of music, dance, drama, folk art,
121creative writing, painting, sculpture, photography, graphic
122arts, craft arts, industrial design, costume design, fashion
123design, motion pictures, television, radio, or tape and sound
124recording or in any other related field.
125     (4)  "Best value" means the highest overall value to the
126state based on objective factors that include, but are not
127limited to, price, quality, design, and workmanship.
128     (5)  "Commodity" means any of the various supplies,
129materials, goods, merchandise, food, equipment, information
130technology, and other personal property, including a mobile
131home, trailer, or other portable structure with floor space of
132less than 5,000 square feet, purchased, leased, or otherwise
133contracted for by the state and its agencies. "Commodity" also
134includes interest on deferred-payment commodity contracts
135approved pursuant to s. 287.063 entered into by an agency for
136the purchase of other commodities. However, commodities
137purchased for resale are excluded from this definition. Further,
138a prescribed drug, medical supply, or device required by a
139licensed health care provider as a part of providing health
140services involving examination, diagnosis, treatment,
141prevention, medical consultation, or administration for clients
142at the time the service is provided is not considered to be a
143"commodity." Printing of publications shall be considered a
144commodity when let upon contract pursuant to s. 283.33, whether
145purchased for resale or not.
146     (6)  "Competitive solicitation sealed bids," "competitive
147sealed proposals," or "competitive sealed replies" means the
148process of requesting and receiving two or more sealed bids,
149proposals, or replies submitted by responsive vendors in
150accordance with the terms of a competitive process, regardless
151of the method of procurement and includes bids, proposals, or
152replies transmitted by electronic means in lieu of or in
153addition to written bids, proposals, or replies.
154     (7)  "Competitive solicitation" or "solicitation" means an
155invitation to bid, a request for proposals, or an invitation to
156negotiate.
157     (7)(8)  "Contractor" means a person who contracts to sell
158commodities or contractual services to an agency.
159     (8)(9)  "Contractual service" means the rendering by a
160contractor of its time and effort rather than the furnishing of
161specific commodities. The term applies only to those services
162rendered by individuals and firms who are independent
163contractors, and such services may include, but are not limited
164to, evaluations; consultations; maintenance; accounting;
165security; management systems; management consulting; educational
166training programs; research and development studies or reports
167on the findings of consultants engaged thereunder; and
168professional, technical, and social services. "Contractual
169service" does not include any contract for the furnishing of
170labor or materials for the construction, renovation, repair,
171modification, or demolition of any facility, building, portion
172of building, utility, park, parking lot, or structure or other
173improvement to real property entered into pursuant to chapter
174255 and rules adopted thereunder.
175     (9)(10)  "Department" means the Department of Management
176Services.
177     (10)(11)  "Electronic posting" or "electronically post"
178means the noticing posting of solicitations, agency decisions or
179intended decisions, or other matters relating to procurement on
180a centralized Internet website designated by the department for
181this purpose.
182     (11)(12)  "Eligible user" means any person or entity
183authorized by the department pursuant to rule to purchase from
184state term contracts or to use the online procurement system.
185     (12)(13)  "Exceptional purchase" means any purchase of
186commodities or contractual services excepted by law or rule from
187the requirements for competitive solicitation, including, but
188not limited to, purchases from a single source; purchases upon
189receipt of less than two responsive bids, proposals, or replies;
190purchases made by an agency, after receiving approval from the
191department, from a contract procured, pursuant to s. 287.057(1),
192(2), or (3), or by another agency; and purchases made without
193advertisement in the manner required by s. 287.042(3)(b).
194     (13)(14)  "Extension" means an increase in the time allowed
195for the contract period due to circumstances which, without
196fault of either party, make performance impracticable or
197impossible, or which prevent a new contract from being executed,
198with or without a proportional increase in the total dollar
199amount, with any increase to be based on the method and rate
200previously established in the contract.
201     (14)(15)  "Information technology" has the meaning ascribed
202in s. 282.0041.
203     (15)(16)  "Invitation to bid" means a written or
204electronically posted solicitation for competitive sealed bids.
205The invitation to bid is used when the agency is capable of
206specifically defining the scope of work for which a contractual
207service is required or when the agency is capable of
208establishing precise specifications defining the actual
209commodity or group of commodities required. A written
210solicitation includes a solicitation that is electronically
211posted.
212     (16)(17)  "Invitation to negotiate" means a written or
213electronically posted solicitation for competitive sealed
214replies to select one or more vendors with which to commence
215negotiations for the procurement of commodities or contractual
216services. The invitation to negotiate is used when the agency
217determines that negotiations may be necessary for the state to
218receive the best value. A written solicitation includes a
219solicitation that is electronically posted.
220     (17)(18)  "Minority business enterprise" has the meaning
221ascribed in s. 288.703.
222     (18)(19)  "Office" means the Office of Supplier Diversity
223of the Department of Management Services.
224     (19)  "Outsource" means the process of contracting with a
225vendor to provide a service as defined in s. 216.011(1)(f), in
226whole or in part, or an activity as defined in s.
227216.011(1)(rr), while a state agency retains the responsibility
228and accountability for the service or activity and there is a
229transfer of management responsibility for the delivery of
230resources and the performance of those resources.
231     (20)  "Renewal" means contracting with the same contractor
232for an additional contract period after the initial contract
233period, only if pursuant to contract terms specifically
234providing for such renewal.
235     (21)  "Request for information" means a written or
236electronically posted request made by an agency to vendors for
237information concerning commodities or contractual services.
238Responses to these requests are not offers and may not be
239accepted by the agency to form a binding contract.
240     (22)  "Request for proposals" means a written or
241electronically posted solicitation for competitive sealed
242proposals. The request for proposals is used when it is not
243practicable for the agency to specifically define the scope of
244work for which the commodity, group of commodities, or
245contractual service is required and when the agency is
246requesting that a responsible vendor propose a commodity, group
247of commodities, or contractual service to meet the
248specifications of the solicitation document. A written
249solicitation includes a solicitation that is electronically
250posted.
251     (23)  "Request for a quote" means an oral or written
252request for written pricing or services information from a state
253term contract vendor for commodities or contractual services
254available on a state term contract from that vendor.
255     (24)  "Responsible vendor" means a vendor who has the
256capability in all respects to fully perform the contract
257requirements and the integrity and reliability that will assure
258good faith performance.
259     (25)  "Responsive bid," "responsive proposal," or
260"responsive reply" means a bid, or proposal, or reply submitted
261by a responsive and responsible vendor that conforms in all
262material respects to the solicitation.
263     (26)  "Responsive vendor" means a vendor that has submitted
264a bid, proposal, or reply that conforms in all material respects
265to the solicitation.
266     (27)  "State term contract" means a term contract that is
267competitively procured by the department pursuant to s. 287.057
268and that is used by agencies and eligible users pursuant to s.
269287.056.
270     (28)  "Term contract" means an indefinite quantity contract
271to furnish commodities or contractual services during a defined
272period.
273     Section 2.  Section 287.017, Florida Statutes, is amended
274to read:
275     287.017  Purchasing categories, threshold amounts;
276procedures for automatic adjustment by department.-
277     (1)  The following purchasing categories are hereby
278created:
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
285provided in subsection (1) based upon the rate of change of a
286nationally recognized price index. Such rules shall include, but
287not be limited to, the following:
288     (a)  Designation of the nationally recognized price index
289or component thereof used to calculate the proper adjustment
290authorized in this section.
291     (b)  The procedure for rounding results.
292     (c)  The effective date of each adjustment based upon the
293previous calendar year data.
294     Section 3.  Section 287.045, Florida Statutes, is repealed.
295     Section 4.  Section 287.057, Florida Statutes, is amended
296to read:
297     287.057  Procurement of commodities or contractual
298services.-
299     (1)  PROCUREMENT PROCESSES.-The competitive solicitation
300processes authorized in this section shall be used for
301procurement of commodities or contractual services in excess of
302the threshold amount provided for CATEGORY TWO in s. 287.017.
303Any competitive solicitation shall be made available
304simultaneously to all vendors, must include the time and date
305for the receipt of bids, proposals, or replies and of the public
306opening, and must include all contractual terms and conditions
307applicable to the procurement, including the criteria to be used
308in determining acceptability and relative merit of the bid,
309proposal, or reply.
310     (a)  Invitation to bid.-The invitation to bid shall be used
311when the agency is capable of specifically defining the scope of
312work for which a contractual service is required or when the
313agency is capable of establishing precise specifications
314defining 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
317contractual services sought; and
318     b.  If the agency contemplates renewal of the contract, a
319statement to that effect.
320     2.  Bids submitted in response to an invitation to bid in
321which the agency contemplates renewal of the contract must
322include the price for each year for which the contract may be
323renewed.
324     3.  Evaluation of bids shall include consideration of the
325total cost for each year of the contract, including renewal
326years, as submitted by the vendor.
327     (b)  Request for proposals.-An agency shall use a request
328for proposals when the purposes and uses for which the
329commodity, group of commodities, or contractual service being
330sought can be specifically defined and the agency is capable of
331identifying necessary deliverables. Various combinations or
332versions of commodities or contractual services may be proposed
333by a responsive vendor to meet the specifications of the
334solicitation document.
335     1.  Before issuing a request for proposals, the agency must
336determine and specify in writing the reasons that procurement by
337invitation to bid is not practicable.
338     2.  All requests for proposals must include:
339     a.  A statement describing the commodities or contractual
340services sought;
341     b.  The relative importance of price and other evaluation
342criteria; and
343     c.  If the agency contemplates renewal of the contract, a
344statement to that effect.
345     3.  Criteria that will be used for evaluation of proposals
346shall 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
349price for each year for which the contract may be renewed; and
350     c.  Consideration of the total cost for each year of the
351contract, including renewal years, as submitted by the vendor.
352     4.  The contract shall be awarded by written notice to the
353responsible and responsive vendor whose proposal is determined
354in writing to be the most advantageous to the state, taking into
355consideration the price and other criteria set forth in the
356request for proposals. The contract file shall contain
357documentation supporting the basis on which the award is made.
358     (c)  Invitation to negotiate.-The invitation to negotiate
359is a solicitation used by an agency intended to determine the
360best method for achieving a specific goal or solving a
361particular problem and that identifies one or more responsive
362vendors with which the agency may negotiate in order to receive
363the best value.
364     1.  Before issuing an invitation to negotiate, the head of
365an agency must determine and specify in writing the reasons that
366procurement by either an invitation to bid or a request for
367proposal is not practicable.
368     2.  The invitation to negotiate must describe the questions
369being explored, the facts being sought, and the specific goals
370or problems that are the subject of the solicitation.
371     3.  The criteria that will be used for determining the
372acceptability of the reply and guiding the selection of the
373vendors with which the agency will negotiate must be specified.
374     4.  The agency shall evaluate replies against all
375evaluation criteria set forth in the invitation to negotiate, in
376order to establish a competitive range of replies reasonably
377susceptible of award. The agency may select one or more vendors
378within the competitive range with which to commence
379negotiations. After negotiations are conducted, the agency shall
380award the contract to the responsible and responsive vendor that
381the agency determines will provide the best value to the state,
382based on the selection criteria.
383     5.  The contract file for a vendor selected through an
384invitation to negotiate must contain a short plain statement
385that explains the basis for the selection of the vendor and that
386sets forth the vendor's deliverables and price, pursuant to the
387contract, with an explanation of how these deliverables and
388price provide the best value to the state.
389     (1)(a)  Unless otherwise authorized by law, all contracts
390for the purchase of commodities or contractual services in
391excess of the threshold amount provided in s. 287.017 for
392CATEGORY TWO shall be awarded by competitive sealed bidding. An
393invitation to bid shall be made available simultaneously to all
394vendors and must include a detailed description of the
395commodities or contractual services sought; the time and date
396for the receipt of bids and of the public opening; and all
397contractual terms and conditions applicable to the procurement,
398including the criteria to be used in determining acceptability
399of the bid. If the agency contemplates renewal of the contract,
400that fact must be stated in the invitation to bid. The bid shall
401include the price for each year for which the contract may be
402renewed. Evaluation of bids shall include consideration of the
403total cost for each year as submitted by the vendor. Criteria
404that were not set forth in the invitation to bid may not be used
405in determining acceptability of the bid.
406     (b)  The contract shall be awarded with reasonable
407promptness by written notice to the responsible and responsive
408vendor that submits the lowest responsive bid. This bid must be
409determined in writing to meet the requirements and criteria set
410forth in the invitation to bid.
411     (2)(a)  If an agency determines in writing that the use of
412an invitation to bid is not practicable, commodities or
413contractual services shall be procured by competitive sealed
414proposals. A request for proposals shall be made available
415simultaneously to all vendors, and must include a statement of
416the commodities or contractual services sought; the time and
417date for the receipt of proposals and of the public opening; and
418all contractual terms and conditions applicable to the
419procurement, including the criteria, which shall include, but
420need not be limited to, price, to be used in determining
421acceptability of the proposal. The relative importance of price
422and other evaluation criteria shall be indicated. If the agency
423contemplates renewal of the commodities or contractual services
424contract, that fact must be stated in the request for proposals.
425The proposal shall include the price for each year for which the
426contract may be renewed. Evaluation of proposals shall include
427consideration of the total cost for each year as submitted by
428the vendor.
429     (b)  The contract shall be awarded to the responsible and
430responsive vendor whose proposal is determined in writing to be
431the most advantageous to the state, taking into consideration
432the price and the other criteria set forth in the request for
433proposals. The contract file shall contain documentation
434supporting the basis on which the award is made.
435     (3)(a)  If the agency determines in writing that the use of
436an invitation to bid or a request for proposals will not result
437in the best value to the state, the agency may procure
438commodities and contractual services by competitive sealed
439replies. The agency's written determination must specify reasons
440that explain why negotiation may be necessary in order for the
441state to achieve the best value and must be approved in writing
442by the agency head or his or her designee prior to the
443advertisement of an invitation to negotiate. An invitation to
444negotiate shall be made available to all vendors simultaneously
445and must include a statement of the commodities or contractual
446services sought; the time and date for the receipt of replies
447and of the public opening; and all terms and conditions
448applicable to the procurement, including the criteria to be used
449in determining the acceptability of the reply. If the agency
450contemplates renewal of the contract, that fact must be stated
451in the invitation to negotiate. The reply shall include the
452price for each year for which the contract may be renewed.
453     (b)  The agency shall evaluate and rank responsive replies
454against all evaluation criteria set forth in the invitation to
455negotiate and shall select, based on the ranking, one or more
456vendors with which to commence negotiations. After negotiations
457are conducted, the agency shall award the contract to the
458responsible and responsive vendor that the agency determines
459will provide the best value to the state. The contract file must
460contain a short plain statement that explains the basis for
461vendor selection and that sets forth the vendor's deliverables
462and price, pursuant to the contract, with an explanation of how
463these deliverables and price provide the best value to the
464state.
465     (2)(4)  Prior to the time for receipt of bids, proposals,
466or replies, an agency may conduct a conference or written
467question and answer period for purposes of assuring the vendor's
468full understanding of the solicitation requirements. The vendors
469shall be accorded fair and equal treatment.
470     (3)(5)  When the purchase price of commodities or
471contractual services exceeds the threshold amount provided in s.
472287.017 for CATEGORY TWO, no purchase of commodities or
473contractual services may be made without receiving competitive
474sealed bids, competitive sealed proposals, or competitive sealed
475replies unless:
476     (a)  The agency head determines in writing that an
477immediate danger to the public health, safety, or welfare or
478other substantial loss to the state requires emergency action.
479After the agency head makes such a written determination, the
480agency may proceed with the procurement of commodities or
481contractual services necessitated by the immediate danger,
482without receiving competitive sealed bids, competitive sealed
483proposals, or competitive sealed replies. However, such
484emergency procurement shall be made by obtaining pricing
485information from at least two prospective vendors, which must be
486retained in the contract file, unless the agency determines in
487writing that the time required to obtain pricing information
488will increase the immediate danger to the public health, safety,
489or welfare or other substantial loss to the state. The agency
490shall furnish copies of all written determinations certified
491under oath and any other documents relating to the emergency
492action to the department. A copy of the statement shall be
493furnished to the Chief Financial Officer with the voucher
494authorizing payment. The individual purchase of personal
495clothing, shelter, or supplies which are needed on an emergency
496basis to avoid institutionalization or placement in a more
497restrictive setting is an emergency for the purposes of this
498paragraph, and the filing with the department of such statement
499is not required in such circumstances. In the case of the
500emergency purchase of insurance, the period of coverage of such
501insurance shall not exceed a period of 30 days, and all such
502emergency purchases shall be reported to the department.
503     (b)  The purchase is made by an agency from a state term
504contract procured, pursuant to this section, by the department
505or by an agency, after receiving approval from the department,
506from a contract procured, pursuant to subsection (1), subsection
507(2), or subsection (3), by another agency.
508     (c)  Commodities or contractual services available only
509from a single source may be excepted from the competitive-
510solicitation requirements. When an agency believes that
511commodities or contractual services are available only from a
512single source, the agency shall electronically post a
513description of the commodities or contractual services sought
514for a period of at least 7 business days. The description must
515include a request that prospective vendors provide information
516regarding their ability to supply the commodities or contractual
517services described. If it is determined in writing by the
518agency, after reviewing any information received from
519prospective vendors, that the commodities or contractual
520services are available only from a single source, the agency
521shall:
522     1.  Provide notice of its intended decision to enter a
523single-source purchase contract in the manner specified in s.
524120.57(3), if the amount of the contract does not exceed the
525threshold amount provided in s. 287.017 for CATEGORY FOUR.
526     2.  Request approval from the department for the single-
527source purchase, if the amount of the contract exceeds the
528threshold amount provided in s. 287.017 for CATEGORY FOUR. The
529agency shall initiate its request for approval in a form
530prescribed by the department, which request may be
531electronically transmitted. The failure of the department to
532approve or disapprove the agency's request for approval within
53321 days after receiving such request shall constitute prior
534approval of the department. If the department approves the
535agency's request, the agency shall provide notice of its
536intended decision to enter a single-source contract in the
537manner specified in s. 120.57(3).
538     (d)  When it is in the best interest of the state, the
539secretary of the department or his or her designee may authorize
540the Support Program to purchase insurance by negotiation, but
541such purchase shall be made only under conditions most favorable
542to the public interest.
543     (e)  Prescriptive assistive devices for the purpose of
544medical, developmental, or vocational rehabilitation of clients
545are excepted from competitive-solicitation requirements and
546shall be procured pursuant to an established fee schedule or by
547any other method which ensures the best price for the state,
548taking into consideration the needs of the client. Prescriptive
549assistive devices include, but are not limited to, prosthetics,
550orthotics, and wheelchairs. For purchases made pursuant to this
551paragraph, state agencies shall annually file with the
552department a description of the purchases and methods of
553procurement.
554     (f)  The following contractual services and commodities are
555not subject to the competitive-solicitation requirements of this
556section:
557     1.  Artistic services. For the purposes of this subsection,
558the term "artistic services" does not include advertising or
559typesetting. As used in this subparagraph, the term
560"advertising" means the making of a representation in any form
561in connection with a trade, business, craft, or profession in
562order to promote the supply of commodities or services by the
563person 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
568witness, appraisal, or mediator services.
569     6.  Health services involving examination, diagnosis,
570treatment, prevention, or medical consultation, when such
571services are offered to eligible individuals participating in a
572specific program that qualifies multiple providers and utilizes
573a standard payment methodology or administration.
574     7.  Services provided to persons with mental or physical
575disabilities by not-for-profit corporations which have obtained
576exemptions under the provisions of s. 501(c)(3) of the United
577States Internal Revenue Code or when such services are governed
578by the provisions of Office of Management and Budget Circular A-
579122. However, in acquiring such services, the agency shall
580consider the ability of the vendor, past performance,
581willingness to meet time requirements, and price.
582     7.8.  Medicaid services delivered to an eligible Medicaid
583recipient unless the agency is directed otherwise in law by a
584health care provider who has not previously applied for and
585received a Medicaid provider number from the Agency for Health
586Care Administration. However, this exception shall be valid for
587a period not to exceed 90 days after the date of delivery to the
588Medicaid recipient and shall not be renewed by the agency.
589     8.9.  Family placement services.
590     10.  Prevention services related to mental health,
591including drug abuse prevention programs, child abuse prevention
592programs, and shelters for runaways, operated by not-for-profit
593corporations. However, in acquiring such services, the agency
594shall consider the ability of the vendor, past performance,
595willingness to meet time requirements, and price.
596     9.11.  Training and education services provided to injured
597employees 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
600agencies.
601     (g)  Continuing education events or programs that are
602offered to the general public and for which fees have been
603collected that pay all expenses associated with the event or
604program are exempt from requirements for competitive
605solicitation.
606     (4)(6)  If less than two responsive bids, proposals, or
607replies for commodity or contractual services purchases are
608received, the department or other agency may negotiate on the
609best terms and conditions. The department or other agency shall
610document the reasons that such action is in the best interest of
611the state in lieu of resoliciting competitive sealed bids,
612proposals, or replies. Each agency shall report all such actions
613to the department on a quarterly basis, in a manner and form
614prescribed by the department.
615     (5)(7)  Upon issuance of any solicitation, an agency shall,
616upon request by the department, forward to the department one
617copy of each solicitation for all commodity and contractual
618services purchases in excess of the threshold amount provided in
619s. 287.017 for CATEGORY TWO. An agency shall also, upon request,
620furnish a copy of all competitive-solicitation tabulations. The
621Office of Supplier Diversity may also request from the agencies
622any information submitted to the department pursuant to this
623subsection.
624     (6)(8)(a)  In order to strive to meet the minority business
625enterprise procurement goals set forth in s. 287.09451, an
626agency may reserve any contract for competitive solicitation
627only among certified minority business enterprises. Agencies
628shall review all their contracts each fiscal year and shall
629determine which contracts may be reserved for solicitation only
630among certified minority business enterprises. This reservation
631may only be used when it is determined, by reasonable and
632objective means, before the solicitation that there are capable,
633qualified certified minority business enterprises available to
634submit a bid, proposal, or reply on a contract to provide for
635effective competition. The Office of Supplier Diversity shall
636consult with any agency in reaching such determination when
637deemed appropriate.
638     (b)  Before a contract may be reserved for solicitation
639only among certified minority business enterprises, the agency
640head must find that such a reservation is in the best interests
641of the state. All determinations shall be subject to s.
642287.09451(5). Once a decision has been made to reserve a
643contract, but before sealed bids, proposals, or replies are
644requested, the agency shall estimate what it expects the amount
645of the contract to be, based on the nature of the services or
646commodities involved and their value under prevailing market
647conditions. If all the sealed bids, proposals, or replies
648received are over this estimate, the agency may reject the bids,
649proposals, or replies and request new ones from certified
650minority business enterprises, or the agency may reject the
651bids, proposals, or replies and reopen the bidding to all
652eligible vendors.
653     (c)  All agencies shall consider the use of price
654preferences of up to 10 percent, weighted preference formulas,
655or other preferences for vendors as determined appropriate
656pursuant to guidelines established in accordance with s.
657287.09451(4) to increase the participation of minority business
658enterprises.
659     (d)  All agencies shall avoid any undue concentration of
660contracts or purchases in categories of commodities or
661contractual services in order to meet the minority business
662enterprise purchasing goals in s. 287.09451.
663     (7)(9)  An agency may reserve any contract for competitive
664solicitation only among vendors who agree to use certified
665minority business enterprises as subcontractors or subvendors.
666The percentage of funds, in terms of gross contract amount and
667revenues, which must be expended with the certified minority
668business enterprise subcontractors and subvendors shall be
669determined by the agency before such contracts may be reserved.
670In order to bid on a contract so reserved, the vendor shall
671identify those certified minority business enterprises which
672will be utilized as subcontractors or subvendors by sworn
673statement. At the time of performance or project completion, the
674contractor shall report by sworn statement the payments and
675completion of work for all certified minority business
676enterprises used in the contract.
677     (8)(10)  An agency shall not divide the solicitation
678procurement of commodities or contractual services so as to
679avoid the requirements of subsections (1)-(3) (1) through (5).
680     (9)(11)  A contract for commodities or contractual services
681may be awarded without competition if state or federal law
682prescribes with whom the agency must contract or if the rate of
683payment is established during the appropriations process.
684     (10)(12)  If two equal responses to a solicitation or a
685request for quote are received and one response is from a
686certified minority business enterprise, the agency shall enter
687into a contract with the certified minority business enterprise.
688     (11)(13)  Extension of a contract for contractual services
689shall be in writing for a period not to exceed 6 months and
690shall be subject to the same terms and conditions set forth in
691the initial contract. There shall be only one extension of a
692contract unless the failure to meet the criteria set forth in
693the contract for completion of the contract is due to events
694beyond the control of the contractor.
695     (12)(14)(a)  Contracts for commodities or contractual
696services may be renewed for a period that may not exceed 3 years
697or the term of the original contract, whichever period is
698longer. Renewal of a contract for commodities or contractual
699services shall be in writing and shall be subject to the same
700terms and conditions set forth in the initial contract. If the
701commodity or contractual service is purchased as a result of the
702solicitation of bids, proposals, or replies, the price of the
703commodity or contractual service to be renewed shall be
704specified in the bid, proposal, or reply. A renewal contract may
705not include any compensation for costs associated with the
706renewal. Renewals shall be contingent upon satisfactory
707performance evaluations by the agency and subject to the
708availability of funds. Exceptional purchase contracts pursuant
709to paragraphs (3)(5)(a) and (c) may not be renewed. With the
710exception of subsection (11)(13), if a contract amendment
711results in a longer contract term or increased payments, a state
712agency may not renew or amend a contract for the outsourcing of
713a service or activity that has an original term value exceeding
714the sum of $10 million before submitting a written report
715concerning contract performance to the Governor, the President
716of the Senate, and the Speaker of the House of Representatives
717at least 90 days before execution of the renewal or amendment.
718     (b)  The Department of Health shall enter into an
719agreement, not to exceed 20 years, with a private contractor to
720finance, design, and construct a hospital, of no more than 50
721beds, for the treatment of patients with active tuberculosis and
722to operate all aspects of daily operations within the facility.
723The contractor may sponsor the issuance of tax-exempt
724certificates of participation or other securities to finance the
725project, and the state may enter into a lease-purchase agreement
726for the facility. The department shall begin the implementation
727of this initiative by July 1, 2008. This paragraph expires July
7281, 2009.
729     (c)  In addition to any renewal authorized under paragraph
730(a), contracts for community-based care lead agency services in
731accordance with s. 409.1671(1)(e) may be renewed once for a term
732not to exceed 5 years, provided that the lead agency currently
733under contract is in compliance with the performance, fiscal,
734and administrative standards established by the Department of
735Children and Family Services and the agency head determines that
736renewal of the contract without a competitive solicitation is in
737the best interests of the children and families served.
738     (13)(15)  For each contractual services contract, the
739agency shall designate an employee to function as contract
740manager who shall be responsible for enforcing performance of
741the contract terms and conditions and serve as a liaison with
742the contractor. The agency shall establish procedures to ensure
743that contractual services have been rendered in accordance with
744the contract terms prior to processing the invoice for payment.
745     (14)(16)  Each agency shall designate at least one employee
746who shall serve as a contract administrator responsible for
747maintaining a contract file and financial information on all
748contractual services contracts and who shall serve as a liaison
749with the contract managers and the department.
750     (15)(17)  For a contract in excess of the threshold amount
751provided in s. 287.017 for CATEGORY FOUR, the agency head shall
752appoint:
753     (a)  At least three persons to evaluate proposals and
754replies who collectively have experience and knowledge in the
755program areas and service requirements for which commodities or
756contractual services are sought.
757     (b)  At least three persons to conduct negotiations during
758a competitive sealed reply procurement who collectively have
759experience and knowledge in negotiating contracts, contract
760procurement, and the program areas and service requirements for
761which commodities or contractual services are sought. When the
762value of a contract is in excess of $1 million in any fiscal
763year, at least one of the persons conducting negotiations must
764be certified as a contract negotiator based upon rules adopted
765by the Department of Management Services in order to ensure that
766certified contract negotiators are knowledgeable about effective
767negotiation strategies, capable of successfully implementing
768those strategies, and involved appropriately in the procurement
769process. At a minimum, the rules must address the qualifications
770required for certification, the method of certification, and the
771procedure for involving the certified negotiator. If the value
772of a contract is in excess of $10 million in any fiscal year, at
773least one of the persons conducting negotiations must be a
774Project Management Professional, as certified by the Project
775Management Institute.
776     (16)(a)1.  Each agency must avoid, neutralize, or mitigate
777significant potential organizational conflicts of interest
778before a contract is awarded. If the agency elects to mitigate
779the significant potential organizational conflict or conflicts
780of interest, an adequate mitigation plan including
781organizational, physical, and electronic barriers shall be
782developed.
783     2.  If a conflict cannot be avoided or mitigated, an agency
784is authorized to proceed with the contract award if the agency
785head certifies that the award is in the best interests of the
786state. The agency head must specify in writing the basis for the
787certification.
788     (b)1.  An agency head may not proceed with a contract award
789under subparagraph (a)2. if a conflict of interest is based upon
790the vendor gaining an unfair competitive advantage.
791     2.  An unfair competitive advantage exists where the vendor
792competing for the award of a contract obtained:
793     a.  Access to information that is not available to the
794public and would assist the vendor in obtaining the contract; or
795     b.  Source selection information that is relevant to the
796contract but is not available to all competitors and that would
797assist the vendor in obtaining the contract.
798     3.  An unfair competitive advantage does not exist as a
799result of the vendor acquiring expertise and having access to
800publicly available information as a result of performing the
801incumbent contract or another similar contract.
802     (18)  A person who receives a contract that has not been
803procured pursuant to subsections (1) through (5) to perform a
804feasibility study of the potential implementation of a
805subsequent contract, who participates in the drafting of a
806solicitation or who develops a program for future
807implementation, is not eligible to contract with the agency for
808any other contracts dealing with that specific subject matter,
809and any firm in which such person has any interest is not
810eligible to receive such contract. However, this prohibition
811does not prevent a vendor who responds to a request for
812information from being eligible to contract with an agency.
813     (17)(19)  Each agency shall establish a review and approval
814process for all contractual services contracts costing more than
815the threshold amount provided for in s. 287.017 for CATEGORY
816THREE which shall include, but not be limited to, program,
817financial, and legal review and approval. Such reviews and
818approvals shall be obtained before the contract is executed.
819     (18)(20)  In any procurement that costs more than the
820threshold amount provided for in s. 287.017 for CATEGORY TWO and
821is accomplished without competition, the individuals taking part
822in the development or selection of criteria for evaluation, the
823evaluation process, and the award process shall attest in
824writing that they are independent of, and have no conflict of
825interest in, the entities evaluated and selected.
826     (19)(21)  Nothing in this section shall affect the validity
827or effect of any contract in existence on October 1, 1990.
828     (20)(22)  An agency may contract for services with any
829independent, nonprofit college or university which is located
830within the state and is accredited by the Southern Association
831of Colleges and Schools, on the same basis as it may contract
832with any state university and college.
833     (21)(23)  The department, in consultation with the Agency
834for Enterprise Information Technology and the Comptroller, shall
835develop a program for online procurement of commodities and
836contractual services. To enable the state to promote open
837competition and to leverage its buying power, agencies shall
838participate in the online procurement program, and eligible
839users may participate in the program. Only vendors prequalified
840as meeting mandatory requirements and qualifications criteria
841may participate in online procurement.
842     (a)  The department, in consultation with the agency, may
843contract for equipment and services necessary to develop and
844implement online procurement.
845     (b)  The department, in consultation with the agency, shall
846adopt rules, pursuant to ss. 120.536(1) and 120.54, to
847administer the program for online procurement. The rules shall
848include, but not be limited to:
849     1.  Determining the requirements and qualification criteria
850for prequalifying vendors.
851     2.  Establishing the procedures for conducting online
852procurement.
853     3.  Establishing the criteria for eligible commodities and
854contractual services.
855     4.  Establishing the procedures for providing access to
856online procurement.
857     5.  Determining the criteria warranting any exceptions to
858participation in the online procurement program.
859     (c)  The department may impose and shall collect all fees
860for the use of the online procurement systems.
861     1.  The fees may be imposed on an individual transaction
862basis or as a fixed percentage of the cost savings generated. At
863a minimum, the fees must be set in an amount sufficient to cover
864the projected costs of the services, including administrative
865and project service costs in accordance with the policies of the
866department.
867     2.  If the department contracts with a provider for online
868procurement, the department, pursuant to appropriation, shall
869compensate the provider from the fees after the department has
870satisfied all ongoing costs. The provider shall report
871transaction data to the department each month so that the
872department may determine the amount due and payable to the
873department from each vendor.
874     3.  All fees that are due and payable to the state on a
875transactional basis or as a fixed percentage of the cost savings
876generated are subject to s. 215.31 and must be remitted within
87740 days after receipt of payment for which the fees are due. For
878fees that are not remitted within 40 days, the vendor shall pay
879interest at the rate established under s. 55.03(1) on the unpaid
880balance from the expiration of the 40-day period until the fees
881are remitted.
882     4.  All fees and surcharges collected under this paragraph
883shall be deposited in the Operating Trust Fund as provided by
884law.
885     (22)(24)  Each solicitation for the procurement of
886commodities or contractual services shall include the following
887provision: "Respondents to this solicitation or persons acting
888on their behalf may not contact, between the release of the
889solicitation and the end of the 72-hour period following the
890agency posting the notice of intended award, excluding
891Saturdays, Sundays, and state holidays, any employee or officer
892of the executive or legislative branch concerning any aspect of
893this solicitation, except in writing to the procurement officer
894or as provided in the solicitation documents. Violation of this
895provision may be grounds for rejecting a response."
896     Section 5.  Section 287.0571, Florida Statutes, is amended
897to read:
898     287.0571  Business case to outsource; applicability of ss.
899287.0571-287.0574.-
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
903agency focus on its core mission and deliver services
904effectively and efficiently by leveraging resources and
905contracting with private sector vendors whenever vendors can
906more effectively and efficiently provide services and reduce the
907cost of government.
908     (2)(3)  It is further the intent of the Legislature that
909business cases to outsource be evaluated for feasibility, cost-
910effectiveness, and efficiency before a state agency proceeds
911with any outsourcing of services.
912     (3)(4)  This section does Sections 287.0571-287.0574 do not
913apply to:
914     (a)  A procurement of commodities and contractual services
915listed in s. 287.057(3)(5)(e), (f), and (g) and (20)(22).
916     (b)  A procurement of contractual services subject to s.
917287.055.
918     (c)  A contract in support of the planning, development,
919implementation, operation, or maintenance of the road, bridge,
920and public transportation construction program of the Department
921of Transportation.
922     (d)  A procurement of commodities or contractual services
923which does not constitute an outsourcing of services or
924activities.
925     (4)  An agency shall complete a business case for any
926outsourcing project with an expected cost in excess of $10
927million within a single fiscal year. The business case shall be
928submitted pursuant to s. 216.023. The business case shall be
929available as part of the solicitation but is not subject to
930challenge and shall include the following:
931     (a)  A detailed description of the service or activity for
932which the outsourcing is proposed.
933     (b)  A description and analysis of the state agency's
934current performance, based on existing performance metrics if
935the state agency is currently performing the service or
936activity.
937     (c)  The goals desired to be achieved through the proposed
938outsourcing and the rationale for such goals.
939     (d)  A citation to the existing or proposed legal authority
940for outsourcing the service or activity.
941     (e)  A description of available options for achieving the
942goals. If state employees are currently performing the service
943or activity, at least one option involving maintaining state
944provision of the service or activity shall be included.
945     (f)  An analysis of the advantages and disadvantages of
946each option, including, at a minimum, potential performance
947improvements and risks.
948     (g)  A description of the current market for the
949contractual services that are under consideration for
950outsourcing.
951     (h)  A cost-benefit analysis documenting the direct and
952indirect specific baseline costs, savings, and qualitative and
953quantitative benefits involved in or resulting from the
954implementation of the recommended option or options. Such
955analysis must specify the schedule that, at a minimum, must be
956adhered to in order to achieve the estimated savings. All
957elements of cost must be clearly identified in the cost-benefit
958analysis, described in the business case, and supported by
959applicable records and reports. The state agency head shall
960attest that, based on the data and information underlying the
961business case, to the best of his or her knowledge, all
962projected costs, savings, and benefits are valid and achievable.
963As used in this section, the term "cost" means the reasonable,
964relevant, and verifiable cost, which may include, but is not
965limited to, elements such as personnel, materials and supplies,
966services, equipment, capital depreciation, rent, maintenance and
967repairs, utilities, insurance, personnel travel, overhead, and
968interim and final payments. The appropriate elements shall
969depend on the nature of the specific initiative. As used in this
970section, the term "savings" means the difference between the
971direct and indirect actual annual baseline costs compared to the
972projected annual cost for the contracted functions or
973responsibilities in any succeeding state fiscal year during the
974term of the contract.
975     (i)  A description of differences among current state
976agency policies and processes and, as appropriate, a discussion
977of options for or a plan to standardize, consolidate, or revise
978current policies and processes, if any, to reduce the
979customization of any proposed solution that would otherwise be
980required.
981     (j)  A description of the specific performance standards
982that must, at a minimum, be met to ensure adequate performance.
983     (k)  The projected timeframe for key events from the
984beginning of the procurement process through the expiration of a
985contract.
986     (l)  A plan to ensure compliance with the public records
987law.
988     (m)  A specific and feasible contingency plan addressing
989contractor nonperformance and a description of the tasks
990involved in and costs required for its implementation.
991     (n)  A state agency's transition plan for addressing
992changes in the number of agency personnel, affected business
993processes, employee transition issues, and communication with
994affected stakeholders, such as agency clients and the public.
995The transition plan must contain a reemployment and retraining
996assistance plan for employees who are not retained by the state
997agency or employed by the contractor.
998     (o)  A plan for ensuring access by persons with
999disabilities in compliance with applicable state and federal
1000law.
1001     (5)  In addition to the contract requirements provided in
1002s. 287.058, each contract for a proposed outsourcing, pursuant
1003to this section, must include, but need not be limited to, the
1004following contractual provisions:
1005     (a)  A scope-of-work provision that clearly specifies each
1006service or deliverable to be provided, including a description
1007of each deliverable or activity that is quantifiable,
1008measurable, and verifiable. This provision must include a clause
1009that states if a particular service or deliverable is
1010inadvertently omitted or not clearly specified but determined to
1011be operationally necessary and verified to have been performed
1012by the agency within the 12 months before the execution of the
1013contract, such service or deliverable will be provided by the
1014contractor through the identified contract-amendment process.
1015     (b)  A service-level-agreement provision describing all
1016services to be provided under the terms of the agreement, the
1017state agency's service requirements and performance objectives,
1018specific responsibilities of the state agency and the
1019contractor, and the process for amending any portion of the
1020service-level agreement. Each service-level agreement must
1021contain an exclusivity clause that allows the state agency to
1022retain the right to perform the service or activity, directly or
1023with another contractor, if service levels are not being
1024achieved.
1025     (c)  A provision that identifies all associated costs,
1026specific payment terms, and payment schedules, including
1027provisions governing incentives and financial disincentives and
1028criteria governing payment.
1029     (d)  A provision that identifies a clear and specific
1030transition plan that will be implemented in order to complete
1031all required activities needed to transfer the service or
1032activity from the state agency to the contractor and operate the
1033service or activity successfully.
1034     (e)  A performance-standards provision that identifies all
1035required performance standards, which must include, at a
1036minimum:
1037     1.  Detailed and measurable acceptance criteria for each
1038deliverable and service to be provided to the state agency under
1039the terms of the contract which document the required
1040performance level.
1041     2.  A method for monitoring and reporting progress in
1042achieving specified performance standards and levels.
1043     3.  The sanctions or disincentives that shall be imposed
1044for nonperformance by the contractor or state agency.
1045     (f)  A provision that requires the contractor and its
1046subcontractors to maintain adequate accounting records that
1047comply with all applicable federal and state laws and generally
1048accepted accounting principles.
1049     (g)  A provision that authorizes the state agency to have
1050access to and to audit all records related to the contract and
1051subcontracts, or any responsibilities or functions under the
1052contract and subcontracts, for purposes of legislative
1053oversight, and a requirement for audits by a service
1054organization in accordance with professional auditing standards,
1055if appropriate.
1056     (h)  A provision that requires the contractor to interview
1057and consider for employment with the contractor each displaced
1058state employee who is interested in such employment.
1059     (i)  A contingency-plan provision that describes the
1060mechanism for continuing the operation of the service or
1061activity, including transferring the service or activity back to
1062the state agency or successor contractor if the contractor fails
1063to perform and comply with the performance standards and levels
1064of the contract and the contract is terminated.
1065     (j)  A provision that requires the contractor and its
1066subcontractors to comply with public records laws, specifically
1067to:
1068     1.  Keep and maintain the public records that ordinarily
1069and necessarily would be required by the state agency in order
1070to perform the service or activity.
1071     2.  Provide the public with access to such public records
1072on the same terms and conditions that the state agency would
1073provide the records and at a cost that does not exceed that
1074provided in chapter 119 or as otherwise provided by law.
1075     3.  Ensure that records that are exempt or records that are
1076confidential and exempt are not disclosed except as authorized
1077by law.
1078     4.  Meet all requirements for retaining records and
1079transfer to the state agency, at no cost, all public records in
1080possession of the contractor upon termination of the contract
1081and destroy any duplicate public records that are exempt or
1082confidential and exempt. All records stored electronically must
1083be provided to the state agency in a format that is compatible
1084with the information technology systems of the state agency.
1085     (k)1.  A provision that provides that any copyrightable or
1086patentable intellectual property produced as a result of work or
1087services performed under the contract, or in any way connected
1088with the contract, shall be the property of the state, with only
1089such exceptions as are clearly expressed and reasonably valued
1090in the contract.
1091     2.  A provision that provides that, if the primary purpose
1092of the contract is the creation of intellectual property, the
1093state shall retain an unencumbered right to use such property.
1094     (l)  If applicable, a provision that allows the agency to
1095purchase from the contractor, at its depreciated value, assets
1096used by the contractor in the performance of the contract. If
1097assets have not depreciated, the agency shall retain the right
1098to negotiate to purchase at an agreed-upon cost.
1099     Section 6.  Section 287.05721, Florida Statutes, is
1100repealed.
1101     Section 7.  Section 287.0575, Florida Statutes, is created
1102to read:
1103     287.0575  Coordination of contracted services.-The
1104following duties and responsibilities of the Department of
1105Children and Family Services, the Agency for Persons with
1106Disabilities, the Department of Health, the Department of
1107Elderly Affairs, and the Florida Department of Veterans Affairs,
1108and service providers under contract to those agencies, are
1109established:
1110     (1)  No later than August 1, 2010, or upon entering into
1111any new contract for health and human services, state agencies
1112contracting for health and human services must notify their
1113contract service providers of the requirements of this section.
1114     (2)  No later than October 1, 2010, contract service
1115providers that have more than one contract with one or more
1116state agencies to provide health and human services must provide
1117to each of their contract managers a comprehensive list of their
1118health and human services contracts. The list must include the
1119following information:
1120     (a)  The name of each contracting state agency and the
1121applicable 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
1126the types of services provided under each contract.
1127     (f)  The name and contact information of the contract
1128manager.
1129     (3)  With respect to contracts entered into after August 1,
11302010, effective November 1, 2010, or 30 days after receiving the
1131list provided under subsection (2), a single lead administrative
1132coordinator for each contract service provider shall be
1133designated as provided in this subsection from among the
1134agencies having multiple contracts as provided in subsection
1135(2). On or before the date such responsibilities are assumed,
1136the designated lead administrative coordinator shall provide
1137notice of his or her designation to the contract service
1138provider and to the agency contract managers for each affected
1139contract. Unless another lead administrative coordinator is
1140selected by agreement of all affected contract managers, the
1141designated lead administrative coordinator shall be the agency
1142contract manager of the contract with the highest dollar value
1143over the term of the contract, provided the term of the contract
1144remaining at the time of designation exceeds 24 months. If the
1145remaining terms of all contracts are 24 months or less, the
1146designated lead administrative coordinator shall be the contract
1147manager of the contract with the latest end date. A designated
1148lead administrative coordinator, or his or her successor as
1149contract manager, shall continue as lead administrative
1150coordinator until another lead administrative coordinator is
1151selected by agreement of all affected contract managers or until
1152the end date of the contract for which the designated lead
1153administrative coordinator serves as contract manager, at which
1154time a new lead administrative coordinator shall be designated
1155pursuant to this subsection if applicable.
1156     (4)  The designated lead administrative coordinator shall
1157be responsible for:
1158     (a)  Establishing a coordinated schedule for administrative
1159and fiscal monitoring;
1160     (b)  Consulting with other case managers to establish a
1161single unified set of required administrative and fiscal
1162documentation;
1163     (c)  Consulting with other case managers to establish a
1164single unified schedule for periodic updates of administrative
1165and fiscal information; and
1166     (d)  Maintaining an accessible electronic file of up-to-
1167date administrative and fiscal documents, including, but not
1168limited to, corporate documents, membership records, audits, and
1169monitoring reports.
1170     (5)  Contract managers for agency contracts other than the
1171designated lead administrative coordinator must conduct
1172administrative and fiscal monitoring activities in accordance
1173with the coordinated schedule and must obtain any necessary
1174administrative and fiscal documents from the designated lead
1175administrative coordinator's electronic file.
1176     (6)  This section does not apply to routine program
1177performance monitoring or prohibit a contracting agency from
1178directly and immediately contacting the service provider when
1179the health or safety of clients is at risk.
1180     (7)  Annually, each agency contracting for health and human
1181services shall evaluate the performance of its designated lead
1182administrative coordinator in establishing coordinated systems,
1183improving efficiency, and reducing redundant monitoring
1184activities for state agencies and their service providers. The
1185report shall be submitted to the Governor, the President of the
1186Senate and the Speaker of the House of Representatives.
1187     Section 8.  Section 287.0573, Florida Statutes, is
1188repealed.
1189     Section 9.  Section 287.0574, Florida Statutes, is
1190repealed.
1191     Section 10.  Subsections (2) and (3) of section 283.32,
1192Florida Statutes, are amended to read:
1193     283.32  Recycled paper to be used by each agency; printing
1194bids certifying use of recycled paper; percentage preference in
1195awarding contracts.-
1196     (2)  Each agency shall require a vendor that submits a bid
1197for a contract for printing and that wishes to be considered for
1198the price preference described in s. 287.045 to certify in
1199writing the percentage of recycled content of the material used
1200for such printing. Such vendor may certify that the material
1201contains no recycled content.
1202     (3)  Upon evaluation of bids for each printing contract,
1203the agency shall identify the lowest responsive bid and any
1204other responsive bids in which it has been certified that the
1205materials used in printing contain at least the minimum
1206percentage of recycled content that is set forth by the
1207department. In awarding a contract for printing, the agency may
1208allow up to a 10-percent price preference, as provided in s.
1209287.045, to a responsible and responsive vendor that has
1210certified that the materials used in printing contain at least
1211the minimum percentage of recycled content established by the
1212department. If no vendors offer materials for printing that
1213contain the minimum prescribed recycled content, the contract
1214shall be awarded to the responsible vendor that submits the
1215lowest responsive bid.
1216     Section 11.  Subsection (1) of section 403.7065, Florida
1217Statutes, is amended to read:
1218     403.7065  Procurement of products or materials with
1219recycled content.-
1220     (1)  Except as provided in s. 287.045, Any state agency or
1221agency of a political subdivision of the state which is using
1222state funds, or any person contracting with any such agency with
1223respect to work performed under contract, is required to procure
1224products or materials with recycled content when the Department
1225of Management Services determines that those products or
1226materials are available. A decision not to procure such items
1227must be based on the Department of Management Services'
1228determination that such procurement is not reasonably available
1229within an acceptable period of time, fails to meet the
1230performance standards set forth in the applicable
1231specifications, or fails to meet the performance standards of
1232the agency. When the requirements of s. 287.045 are met,
1233agencies shall be subject to the procurement requirements of
1234that section for procuring products or materials with recycled
1235content.
1236     Section 12.  Paragraph (d) of subsection (4) of section
123714.204, Florida Statutes, is amended to read:
1238     14.204  Agency for Enterprise Information Technology.-The
1239Agency for Enterprise Information Technology is created within
1240the Executive Office of the Governor.
1241     (4)  The agency shall have the following duties and
1242responsibilities:
1243     (d)  Plan and establish policies for managing proposed
1244statutorily authorized enterprise information technology
1245services, which includes:
1246     1.  Developing business cases that, when applicable,
1247include 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
1250processes; and
1251     4.  Providing for independent monitoring of projects for
1252recommended corrective actions.
1253     Section 13.  Subsection (1) of section 43.16, Florida
1254Statutes, is amended to read:
1255     43.16  Justice Administrative Commission; membership,
1256powers and duties.-
1257     (1)  There is hereby created a Justice Administrative
1258Commission, with headquarters located in the state capital. The
1259necessary office space for use of the commission shall be
1260furnished by the proper state agency in charge of state
1261buildings. For purposes of the fees imposed on agencies pursuant
1262to s. 287.057(21)(23), the Justice Administrative Commission
1263shall be exempt from such fees.
1264     Section 14.  Paragraph (e) of subsection (1) of section
126561.1826, Florida Statutes, is amended to read:
1266     61.1826  Procurement of services for State Disbursement
1267Unit and the non-Title IV-D component of the State Case
1268Registry; contracts and cooperative agreements; penalties;
1269withholding payment.-
1270     (1)  LEGISLATIVE FINDINGS.-The Legislature finds that the
1271clerks of court play a vital role, as essential participants in
1272the establishment, modification, collection, and enforcement of
1273child support, in securing the health, safety, and welfare of
1274the children of this state. The Legislature further finds and
1275declares that:
1276     (e)  The potential loss of substantial federal funds poses
1277a direct and immediate threat to the health, safety, and welfare
1278of the children and citizens of the state and constitutes an
1279emergency for purposes of s. 287.057(3)(5)(a).
1280
1281For these reasons, the Legislature hereby directs the Department
1282of Revenue, subject to the provisions of subsection (5), to
1283contract with the Florida Association of Court Clerks and each
1284depository to perform duties with respect to the operation and
1285maintenance of a State Disbursement Unit and the non-Title IV-D
1286component of the State Case Registry as further provided by this
1287section.
1288     Section 15.  Paragraph (h) of subsection (1) of section
1289112.3215, Florida Statutes, is amended to read:
1290     112.3215  Lobbying before the executive branch or the
1291Constitution Revision Commission; registration and reporting;
1292investigation by commission.-
1293     (1)  For the purposes of this section:
1294     (h)  "Lobbyist" means a person who is employed and receives
1295payment, or who contracts for economic consideration, for the
1296purpose of lobbying, or a person who is principally employed for
1297governmental affairs by another person or governmental entity to
1298lobby 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
1301a judicial proceeding or in a formal administrative proceeding
1302conducted pursuant to chapter 120 or any other formal hearing
1303before an agency, board, commission, or authority of this state.
1304     2.  An employee of an agency or of a legislative or
1305judicial branch entity acting in the normal course of his or her
1306duties.
1307     3.  A confidential informant who is providing, or wishes to
1308provide, confidential information to be used for law enforcement
1309purposes.
1310     4.  A person who lobbies to procure a contract pursuant to
1311chapter 287 which contract is less than the threshold for
1312CATEGORY ONE as provided in s. 287.017(1)(a).
1313     Section 16.  Paragraph (h) of subsection (3) of section
1314255.25, Florida Statutes, is amended to read:
1315     255.25  Approval required prior to construction or lease of
1316buildings.-
1317     (3)
1318     (h)  The Department of Management Services may, pursuant to
1319s. 287.042(2)(a), procure a term contract for real estate
1320consulting and brokerage services. A state agency may not
1321purchase services from the contract unless the contract has been
1322procured under s. 287.057(1), (2), or (3) after March 1, 2007,
1323and contains the following provisions or requirements:
1324     1.  Awarded brokers must maintain an office or presence in
1325the market served. In awarding the contract, preference must be
1326given to brokers that are licensed in this state under chapter
1327475 and that have 3 or more years of experience in the market
1328served. The contract may be made with up to three tenant brokers
1329in order to serve the marketplace in the north, central, and
1330south areas of the state.
1331     2.  Each contracted tenant broker shall work under the
1332direction, supervision, and authority of the state agency,
1333subject to the rules governing lease procurements.
1334     3.  The department shall provide training for the awarded
1335tenant brokers concerning the rules governing the procurement of
1336leases.
1337     4.  Tenant brokers must comply with all applicable
1338provisions of s. 475.278.
1339     5.  Real estate consultants and tenant brokers shall be
1340compensated by the state agency, subject to the provisions of
1341the term contract, and such compensation is subject to
1342appropriation by the Legislature. A real estate consultant or
1343tenant broker may not receive compensation directly from a
1344lessor for services that are rendered under the term contract.
1345Moneys paid to a real estate consultant or tenant broker are
1346exempt from any charge imposed under s. 287.1345. Moneys paid by
1347a lessor to the state agency under a facility leasing
1348arrangement are not subject to the charges imposed under s.
1349215.20. All terms relating to the compensation of the real
1350estate consultant or tenant broker shall be specified in the
1351term contract and may not be supplemented or modified by the
1352state agency using the contract.
1353     6.  The department shall conduct periodic customer-
1354satisfaction surveys.
1355     7.  Each state agency shall report the following
1356information to the department:
1357     a.  The number of leases that adhere to the goal of the
1358workspace-management initiative of 180 square feet per FTE.
1359     b.  The quality of space leased and the adequacy of tenant-
1360improvement funds.
1361     c.  The timeliness of lease procurement, measured from the
1362date of the agency's request to the finalization of the lease.
1363     d.  Whether cost-benefit analyses were performed before
1364execution of the lease in order to ensure that the lease is in
1365the best interest of the state.
1366     e.  The lease costs compared to market rates for similar
1367types and classifications of space according to the official
1368classifications of the Building Owners and Managers Association.
1369     Section 17.  Paragraph (a) of subsection (2) of section
1370286.0113, 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
1373conducted pursuant to s. 287.057(1)(3) is exempt from s. 286.011
1374and s. 24(b), Art. I of the State Constitution.
1375     Section 18.  Subsection (1) of section 287.022, Florida
1376Statutes, is amended to read:
1377     287.022  Purchase of insurance.-
1378     (1)  Insurance, while not a commodity, nevertheless shall
1379be purchased for all agencies by the department, except that
1380agencies may purchase title insurance for land acquisition and
1381may make emergency purchases of insurance pursuant to s.
1382287.057(3)(5)(a). The procedures for purchasing insurance,
1383whether the purchase is made by the department or by the
1384agencies, shall be the same as those set forth herein for the
1385purchase 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
1390the threshold amount provided in s. 287.017 for CATEGORY TWO,
1391except for the providing of health and mental health services or
1392drugs in the examination, diagnosis, or treatment of sick or
1393injured state employees or the providing of other benefits as
1394required by the provisions of chapter 440, shall be evidenced by
1395a written agreement embodying all provisions and conditions of
1396the procurement of such services, which provisions and
1397conditions shall, where applicable, include, but shall not be
1398limited to:
1399     (f)  A provision specifying that the contract may be
1400renewed for a period that may not exceed 3 years or the term of
1401the original contract, whichever period is longer, specifying
1402the renewal price for the contractual service as set forth in
1403the bid, proposal, or reply, specifying that costs for the
1404renewal may not be charged, and specifying that renewals shall
1405be contingent upon satisfactory performance evaluations by the
1406agency and subject to the availability of funds. Exceptional
1407purchase contracts pursuant to s. 287.057(3)(5)(a) and (c) may
1408not be renewed.
1409
1410In lieu of a written agreement, the department may authorize the
1411use of a purchase order for classes of contractual services, if
1412the provisions of paragraphs (a)-(f) are included in the
1413purchase order or solicitation. The purchase order must include,
1414but need not be limited to, an adequate description of the
1415services, the contract period, and the method of payment. In
1416lieu of printing the provisions of paragraphs (a)-(f) in the
1417contract document or purchase order, agencies may incorporate
1418the requirements of paragraphs (a)-(f) by reference.
1419     (5)  Unless otherwise provided in the General
1420Appropriations Act or the substantive bill implementing the
1421General Appropriations Act, the Chief Financial Officer may
1422waive the requirements of this section for services which are
1423included in s. 287.057(3)(5)(f).
1424     Section 20.  Subsection (14) of section 287.059, Florida
1425Statutes, is amended to read:
1426     287.059  Private attorney services.-
1427     (14)  The office of the Attorney General is authorized to
1428competitively bid and contract with one or more court reporting
1429services, on a circuitwide basis, on behalf of all state
1430agencies in accordance with s. 287.057(2). The office of the
1431Attorney General shall develop requests for proposal for court
1432reporter services in consultation with the Florida Court
1433Reporters Association. All agencies shall utilize the contracts
1434for court reporting services entered into by the office of the
1435Attorney General where in force, unless otherwise ordered by a
1436court or unless an agency has a contract for court reporting
1437services executed prior to May 5, 1993.
1438     Section 21.  Paragraph (b) of subsection (4) of section
1439295.187, Florida Statutes, is amended to read:
1440     295.187  Florida Service-Disabled Veteran Business
1441Enterprise Opportunity Act.-
1442     (4)  VENDOR PREFERENCE.-
1443     (b)  Notwithstanding s. 287.057(10)(12), if a service-
1444disabled veteran business enterprise entitled to the vendor
1445preference under this section and one or more businesses
1446entitled to this preference or another vendor preference
1447provided by law submit bids, proposals, or replies for
1448procurement of commodities or contractual services that are
1449equal with respect to all relevant considerations, including
1450price, quality, and service, then the state agency shall award
1451the procurement or contract to the business having the smallest
1452net worth.
1453     Section 22.  Subsection (3) of section 394.457, Florida
1454Statutes, is amended to read:
1455     394.457  Operation and administration.-
1456     (3)  POWER TO CONTRACT.-The department may contract to
1457provide, and be provided with, services and facilities in order
1458to carry out its responsibilities under this part with the
1459following agencies: public and private hospitals; receiving and
1460treatment facilities; clinics; laboratories; departments,
1461divisions, and other units of state government; the state
1462colleges and universities; the community colleges; private
1463colleges and universities; counties, municipalities, and any
1464other governmental unit, including facilities of the United
1465States Government; and any other public or private entity which
1466provides or needs facilities or services. Baker Act funds for
1467community inpatient, crisis stabilization, short-term
1468residential treatment, and screening services must be allocated
1469to each county pursuant to the department's funding allocation
1470methodology. Notwithstanding the provisions of s.
1471287.057(3)(5)(f), contracts for community-based Baker Act
1472services for inpatient, crisis stabilization, short-term
1473residential treatment, and screening provided under this part,
1474other than those with other units of government, to be provided
1475for the department must be awarded using competitive sealed bids
1476when the county commission of the county receiving the services
1477makes a request to the department's district office by January
147815 of the contracting year. The district shall not enter into a
1479competitively bid contract under this provision if such action
1480will result in increases of state or local expenditures for
1481Baker Act services within the district. Contracts for these
1482Baker Act services using competitive sealed bids will be
1483effective for 3 years. The department shall adopt rules
1484establishing minimum standards for such contracted services and
1485facilities and shall make periodic audits and inspections to
1486assure that the contracted services are provided and meet the
1487standards of the department.
1488     Section 23.  Paragraph (a) of subsection (1) of section
1489394.47865, Florida Statutes, is amended to read:
1490     394.47865  South Florida State Hospital; privatization.-
1491     (1)  The Department of Children and Family Services shall,
1492through a request for proposals, privatize South Florida State
1493Hospital. The department shall plan to begin implementation of
1494this privatization initiative by July 1, 1998.
1495     (a)  Notwithstanding s. 287.057(12)(14), the department may
1496enter into agreements, not to exceed 20 years, with a private
1497provider, a coalition of providers, or another agency to
1498finance, design, and construct a treatment facility having up to
1499350 beds and to operate all aspects of daily operations within
1500the facility. The department may subcontract any or all
1501components of this procurement to a statutorily established
1502state governmental entity that has successfully contracted with
1503private companies for designing, financing, acquiring, leasing,
1504constructing, 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
1510department shall competitively solicit and contract for the
1511development, validation, and periodic evaluation of the training
1512curricula for the established single integrated curriculum. No
1513more than one training curriculum may be developed for each
1514specific subset of the core competencies.
1515     (8)  ESTABLISHMENT OF TRAINING ACADEMIES.-The department
1516shall establish child welfare training academies as part of a
1517comprehensive system of child welfare training. In establishing
1518a program of training, the department may contract for the
1519operation of one or more training academies to perform one or
1520more of the following: to offer one or more of the training
1521curricula developed under subsection (5); to administer the
1522certification process; to develop, validate, and periodically
1523evaluate additional training curricula determined to be
1524necessary, including advanced training that is specific to a
1525region or contractor, or that meets a particular training need;
1526or to offer the additional training curricula. The number,
1527location, and timeframe for establishment of training academies
1528shall be approved by the Secretary of Children and Family
1529Services who shall ensure that the goals for the core
1530competencies and the single integrated curriculum, the
1531certification process, the trainer qualifications, and the
1532additional training needs are addressed. Notwithstanding s.
1533287.057(3)(5) and (20)(22), the department shall competitively
1534solicit all training academy contracts.
1535     Section 25.  Paragraphs (a) and (b) of subsection (2) and
1536subsection (3) of section 402.7305, Florida Statutes, are
1537amended to read:
1538     402.7305  Department of Children and Family Services;
1539procurement of contractual services; contract management.-
1540     (2)  PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.-
1541     (a)  Notwithstanding s. 287.057(3)(f)11. s.
1542287.057(5)(f)13., whenever the department intends to contract
1543with a public postsecondary institution to provide a service,
1544the department must allow all public postsecondary institutions
1545in this state that are accredited by the Southern Association of
1546Colleges and Schools to bid on the contract. Thereafter,
1547notwithstanding any other provision to the contrary, if a public
1548postsecondary institution intends to subcontract for any service
1549awarded in the contract, the subcontracted service must be
1550procured by competitive procedures.
1551     (b)  When it is in the best interest of a defined segment
1552of its consumer population, the department may competitively
1553procure and contract for systems of treatment or service that
1554involve multiple providers, rather than procuring and
1555contracting for treatment or services separately from each
1556participating provider. The department must ensure that all
1557providers that participate in the treatment or service system
1558meet all applicable statutory, regulatory, service quality, and
1559cost control requirements. If other governmental entities or
1560units of special purpose government contribute matching funds to
1561the support of a given system of treatment or service, the
1562department shall formally request information from those funding
1563entities in the procurement process and may take the information
1564received into account in the selection process. If a local
1565government contributes matching funds to support the system of
1566treatment or contracted service and if the match constitutes at
1567least 25 percent of the value of the contract, the department
1568shall afford the governmental match contributor an opportunity
1569to name an employee as one of the persons required by s.
1570287.057(15)(17) to evaluate or negotiate certain contracts,
1571unless the department sets forth in writing the reason why the
1572inclusion would be contrary to the best interest of the state.
1573Any employee so named by the governmental match contributor
1574shall qualify as one of the persons required by s.
1575287.057(15)(17). A governmental entity or unit of special
1576purpose government may not name an employee as one of the
1577persons required by s. 287.057(15)(17) if it, or any of its
1578political subdivisions, executive agencies, or special
1579districts, intends to compete for the contract to be awarded.
1580The governmental funding entity or contributor of matching funds
1581must comply with all procurement procedures set forth in s.
1582287.057 when appropriate and required.
1583     (3)  CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.-The
1584Department of Children and Family Services shall review the time
1585period for which the department executes contracts and shall
1586execute multiyear contracts to make the most efficient use of
1587the resources devoted to contract processing and execution.
1588Whenever the department chooses not to use a multiyear contract,
1589a justification for that decision must be contained in the
1590contract. Notwithstanding s. 287.057(13)(15), the department is
1591responsible for establishing a contract management process that
1592requires a member of the department's Senior Management or
1593Selected Exempt Service to assign in writing the responsibility
1594of a contract to a contract manager. The department shall
1595maintain a set of procedures describing its contract management
1596process which must minimally include the following requirements:
1597     (a)  The contract manager shall maintain the official
1598contract file throughout the duration of the contract and for a
1599period not less than 6 years after the termination of the
1600contract.
1601     (b)  The contract manager shall review all invoices for
1602compliance with the criteria and payment schedule provided for
1603in the contract and shall approve payment of all invoices before
1604their transmission to the Department of Financial Services for
1605payment.
1606     (c)  The contract manager shall maintain a schedule of
1607payments and total amounts disbursed and shall periodically
1608reconcile the records with the state's official accounting
1609records.
1610     (d)  For contracts involving the provision of direct client
1611services, the contract manager shall periodically visit the
1612physical location where the services are delivered and speak
1613directly to clients receiving the services and the staff
1614responsible for delivering the services.
1615     (e)  The contract manager shall meet at least once a month
1616directly with the contractor's representative and maintain
1617records of such meetings.
1618     (f)  The contract manager shall periodically document any
1619differences between the required performance measures and the
1620actual performance measures. If a contractor fails to meet and
1621comply with the performance measures established in the
1622contract, the department may allow a reasonable period for the
1623contractor to correct performance deficiencies. If performance
1624deficiencies are not resolved to the satisfaction of the
1625department within the prescribed time, and if no extenuating
1626circumstances can be documented by the contractor to the
1627department's satisfaction, the department must terminate the
1628contract. The department may not enter into a new contract with
1629that same contractor for the services for which the contract was
1630previously terminated for a period of at least 24 months after
1631the date of termination. The contract manager shall obtain and
1632enforce corrective action plans, if appropriate, and maintain
1633records regarding the completion or failure to complete
1634corrective action items.
1635     (g)  The contract manager shall document any contract
1636modifications, which shall include recording any contract
1637amendments as provided for in this section.
1638     (h)  The contract manager shall be properly trained before
1639being assigned responsibility for any contract.
1640     Section 26.  Subsection (2) of section 408.045, Florida
1641Statutes, is amended to read:
1642     408.045  Certificate of need; competitive sealed
1643proposals.-
1644     (2)  The agency shall make a decision regarding the
1645issuance of the certificate of need in accordance with the
1646provisions of s. 287.057(15)(17), rules adopted by the agency
1647relating to intermediate care facilities for the developmentally
1648disabled, and the criteria in s. 408.035, as further defined by
1649rule.
1650     Section 27.  Subsection (3) of section 427.0135, Florida
1651Statutes, is amended to read:
1652     427.0135  Purchasing agencies; duties and
1653responsibilities.-Each purchasing agency, in carrying out the
1654policies and procedures of the commission, shall:
1655     (3)  Not procure transportation disadvantaged services
1656without initially negotiating with the commission, as provided
1657in s. 287.057(3)(f)11. s. 287.057(5)(f)13., or unless otherwise
1658authorized by statute. If the purchasing agency, after
1659consultation with the commission, determines that it cannot
1660reach mutually acceptable contract terms with the commission,
1661the purchasing agency may contract for the same transportation
1662services provided in a more cost-effective manner and of
1663comparable or higher quality and standards. The Medicaid agency
1664shall implement this subsection in a manner consistent with s.
1665409.908(18) and as otherwise limited or directed by the General
1666Appropriations Act.
1667     Section 28.  Paragraph (c) of subsection (5) of section
1668445.024, Florida Statutes, is amended to read:
1669     445.024  Work requirements.-
1670     (5)  USE OF CONTRACTS.-Regional workforce boards shall
1671provide work activities, training, and other services, as
1672appropriate, through contracts. In contracting for work
1673activities, training, or services, the following applies:
1674     (c)  Notwithstanding the exemption from the competitive
1675sealed bid requirements provided in s. 287.057(3)(5)(f) for
1676certain contractual services, each contract awarded under this
1677chapter must be awarded on the basis of a competitive sealed
1678bid, except for a contract with a governmental entity as
1679determined by the regional workforce board.
1680     Section 29.  Paragraph (b) of subsection (3) of section
1681481.205, 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
1685business entity pursuant to s. 287.057(3) to provide
1686investigative, legal, prosecutorial, and other services
1687necessary to perform its duties.
1688     Section 30.  Subsection (41) of section 570.07, Florida
1689Statutes, is amended to read:
1690     570.07  Department of Agriculture and Consumer Services;
1691functions, powers, and duties.-The department shall have and
1692exercise the following functions, powers, and duties:
1693     (41)  Notwithstanding the provisions of s. 287.057(21)(23)
1694that require all agencies to use the online procurement system
1695developed by the Department of Management Services, the
1696department may continue to use its own online system. However,
1697vendors utilizing such system shall be prequalified as meeting
1698mandatory requirements and qualifications and shall remit fees
1699pursuant to s. 287.057(21)(23), and any rules implementing s.
1700287.057.
1701     Section 31.  Paragraph (c) of subsection (5) of section
1702627.311, Florida Statutes, is amended to read:
1703     627.311  Joint underwriters and joint reinsurers; public
1704records and public meetings exemptions.-
1705     (5)
1706     (c)  The operation of the plan shall be governed by a plan
1707of operation that is prepared at the direction of the board of
1708governors and approved by order of the office. The plan is
1709subject to continuous review by the office. The office may, by
1710order, withdraw approval of all or part of a plan if the office
1711determines that conditions have changed since approval was
1712granted and that the purposes of the plan require changes in the
1713plan. The plan of operation shall:
1714     1.  Authorize the board to engage in the activities
1715necessary to implement this subsection, including, but not
1716limited to, borrowing money.
1717     2.  Develop criteria for eligibility for coverage by the
1718plan, including, but not limited to, documented rejection by at
1719least two insurers which reasonably assures that insureds
1720covered under the plan are unable to acquire coverage in the
1721voluntary market.
1722     3.  Require notice from the agent to the insured at the
1723time of the application for coverage that the application is for
1724coverage with the plan and that coverage may be available
1725through an insurer, group self-insurers' fund, commercial self-
1726insurance fund, or assessable mutual insurer through another
1727agent at a lower cost.
1728     4.  Establish programs to encourage insurers to provide
1729coverage to applicants of the plan in the voluntary market and
1730to insureds of the plan, including, but not limited to:
1731     a.  Establishing procedures for an insurer to use in
1732notifying the plan of the insurer's desire to provide coverage
1733to applicants to the plan or existing insureds of the plan and
1734in describing the types of risks in which the insurer is
1735interested. The description of the desired risks must be on a
1736form developed by the plan.
1737     b.  Developing forms and procedures that provide an insurer
1738with the information necessary to determine whether the insurer
1739wants to write particular applicants to the plan or insureds of
1740the plan.
1741     c.  Developing procedures for notice to the plan and the
1742applicant to the plan or insured of the plan that an insurer
1743will insure the applicant or the insured of the plan, and notice
1744of the cost of the coverage offered; and developing procedures
1745for the selection of an insuring entity by the applicant or
1746insured of the plan.
1747     d.  Provide for a market-assistance plan to assist in the
1748placement of employers. All applications for coverage in the
1749plan received 45 days before the effective date for coverage
1750shall be processed through the market-assistance plan. A market-
1751assistance plan specifically designed to serve the needs of
1752small, good policyholders as defined by the board must be
1753reviewed and updated periodically.
1754     5.  Provide for policy and claims services to the insureds
1755of the plan of the nature and quality provided for insureds in
1756the voluntary market.
1757     6.  Provide for the review of applications for coverage
1758with the plan for reasonableness and accuracy, using any
1759available historic information regarding the insured.
1760     7.  Provide for procedures for auditing insureds of the
1761plan which are based on reasonable business judgment and are
1762designed to maximize the likelihood that the plan will collect
1763the appropriate premiums.
1764     8.  Authorize the plan to terminate the coverage of and
1765refuse future coverage for any insured that submits a fraudulent
1766application to the plan or provides fraudulent or grossly
1767erroneous records to the plan or to any service provider of the
1768plan in conjunction with the activities of the plan.
1769     9.  Establish service standards for agents who submit
1770business to the plan.
1771     10.  Establish criteria and procedures to prohibit any
1772agent who does not adhere to the established service standards
1773from placing business with the plan or receiving, directly or
1774indirectly, any commissions for business placed with the plan.
1775     11.  Provide for the establishment of reasonable safety
1776programs for all insureds in the plan. All insureds of the plan
1777must participate in the safety program.
1778     12.  Authorize the plan to terminate the coverage of and
1779refuse future coverage to any insured who fails to pay premiums
1780or surcharges when due; who, at the time of application, is
1781delinquent in payments of workers' compensation or employer's
1782liability insurance premiums or surcharges owed to an insurer,
1783group self-insurers' fund, commercial self-insurance fund, or
1784assessable mutual insurer licensed to write such coverage in
1785this state; or who refuses to substantially comply with any
1786safety programs recommended by the plan.
1787     13.  Authorize the board of governors to provide the goods
1788and services required by the plan through staff employed by the
1789plan, through reasonably compensated service providers who
1790contract with the plan to provide services as specified by the
1791board of governors, or through a combination of employees and
1792service providers.
1793     a.  Purchases that equal or exceed $2,500 but are less than
1794or equal to $25,000, shall be made by receipt of written quotes,
1795telephone quotes, or informal bids, whenever practical. The
1796procurement of goods or services valued over $25,000 is subject
1797to competitive solicitation, except in situations in which the
1798goods or services are provided by a sole source or are deemed an
1799emergency purchase, or the services are exempted from
1800competitive-solicitation requirements under s. 287.057(3)(5)(f).
1801Justification for the sole-sourcing or emergency procurement
1802must be documented. Contracts for goods or services valued at or
1803over $100,000 are subject to board approval.
1804     b.  The board shall determine whether it is more cost-
1805effective and in the best interests of the plan to use legal
1806services provided by in-house attorneys employed by the plan
1807rather than contracting with outside counsel. In making such
1808determination, the board shall document its findings and shall
1809consider the expertise needed; whether time commitments exceed
1810in-house staff resources; whether local representation is
1811needed; the travel, lodging, and other costs associated with in-
1812house representation; and such other factors that the board
1813determines are relevant.
1814     14.  Provide for service standards for service providers,
1815methods of determining adherence to those service standards,
1816incentives and disincentives for service, and procedures for
1817terminating contracts for service providers that fail to adhere
1818to service standards.
1819     15.  Provide procedures for selecting service providers and
1820standards for qualification as a service provider that
1821reasonably assure that any service provider selected will
1822continue to operate as an ongoing concern and is capable of
1823providing the specified services in the manner required.
1824     16.  Provide for reasonable accounting and data-reporting
1825practices.
1826     17.  Provide for annual review of costs associated with the
1827administration and servicing of the policies issued by the plan
1828to determine alternatives by which costs can be reduced.
1829     18.  Authorize the acquisition of such excess insurance or
1830reinsurance as is consistent with the purposes of the plan.
1831     19.  Provide for an annual report to the office on a date
1832specified by the office and containing such information as the
1833office reasonably requires.
1834     20.  Establish multiple rating plans for various
1835classifications of risk which reflect risk of loss, hazard
1836grade, actual losses, size of premium, and compliance with loss
1837control. At least one of such plans must be a preferred-rating
1838plan to accommodate small-premium policyholders with good
1839experience as defined in sub-subparagraph 22.a.
1840     21.  Establish agent commission schedules.
1841     22.  For employers otherwise eligible for coverage under
1842the plan, establish three tiers of employers meeting the
1843criteria and subject to the rate limitations specified in this
1844subparagraph.
1845     a.  Tier One.-
1846     (I)  Criteria; rated employers.-An employer that has an
1847experience modification rating shall be included in Tier One if
1848the 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
1851applicable experience modification rating period.
1852     (C)  The total of the employer's medical-only claims
1853subsequent to the applicable experience modification rating
1854period did not exceed 20 percent of premium.
1855     (II)  Criteria; non-rated employers.-An employer that does
1856not have an experience modification rating shall be included in
1857Tier One if the employer meets all of the following:
1858     (A)  The employer had no lost-time claims for the 3-year
1859period immediately preceding the inception date or renewal date
1860of the employer's coverage under the plan.
1861     (B)  The total of the employer's medical-only claims for
1862the 3-year period immediately preceding the inception date or
1863renewal date of the employer's coverage under the plan did not
1864exceed 20 percent of premium.
1865     (C)  The employer has secured workers' compensation
1866coverage for the entire 3-year period immediately preceding the
1867inception date or renewal date of the employer's coverage under
1868the plan.
1869     (D)  The employer is able to provide the plan with a loss
1870history generated by the employer's prior workers' compensation
1871insurer, except if the employer is not able to produce a loss
1872history due to the insolvency of an insurer, the receiver shall
1873provide to the plan, upon the request of the employer or the
1874employer's agent, a copy of the employer's loss history from the
1875records of the insolvent insurer if the loss history is
1876contained in records of the insurer which are in the possession
1877of the receiver. If the receiver is unable to produce the loss
1878history, the employer may, in lieu of the loss history, submit
1879an affidavit from the employer and the employer's insurance
1880agent setting forth the loss history.
1881     (E)  The employer is not a new business.
1882     (III)  Premiums.-The premiums for Tier One insureds shall
1883be set at a premium level 25 percent above the comparable
1884voluntary market premiums until the plan has sufficient
1885experience as determined by the board to establish an
1886actuarially sound rate for Tier One, at which point the board
1887shall, subject to paragraph (e), adjust the rates, if necessary,
1888to produce actuarially sound rates, provided such rate
1889adjustment shall not take effect prior to January 1, 2007.
1890     b.  Tier Two.-
1891     (I)  Criteria; rated employers.-An employer that has an
1892experience modification rating shall be included in Tier Two if
1893the employer meets all of the following:
1894     (A)  The experience modification is equal to or greater
1895than 1.00 but not greater than 1.10.
1896     (B)  The employer had no lost-time claims subsequent to the
1897applicable experience modification rating period.
1898     (C)  The total of the employer's medical-only claims
1899subsequent to the applicable experience modification rating
1900period did not exceed 20 percent of premium.
1901     (II)  Criteria; non-rated employers.-An employer that does
1902not have any experience modification rating shall be included in
1903Tier Two if the employer is a new business. An employer shall be
1904included in Tier Two if the employer has less than 3 years of
1905loss experience in the 3-year period immediately preceding the
1906inception date or renewal date of the employer's coverage under
1907the plan and the employer meets all of the following:
1908     (A)  The employer had no lost-time claims for the 3-year
1909period immediately preceding the inception date or renewal date
1910of the employer's coverage under the plan.
1911     (B)  The total of the employer's medical-only claims for
1912the 3-year period immediately preceding the inception date or
1913renewal date of the employer's coverage under the plan did not
1914exceed 20 percent of premium.
1915     (C)  The employer is able to provide the plan with a loss
1916history generated by the workers' compensation insurer that
1917provided coverage for the portion or portions of such period
1918during which the employer had secured workers' compensation
1919coverage, except if the employer is not able to produce a loss
1920history due to the insolvency of an insurer, the receiver shall
1921provide to the plan, upon the request of the employer or the
1922employer's agent, a copy of the employer's loss history from the
1923records of the insolvent insurer if the loss history is
1924contained in records of the insurer which are in the possession
1925of the receiver. If the receiver is unable to produce the loss
1926history, the employer may, in lieu of the loss history, submit
1927an affidavit from the employer and the employer's insurance
1928agent setting forth the loss history.
1929     (III)  Premiums.-The premiums for Tier Two insureds shall
1930be set at a rate level 50 percent above the comparable voluntary
1931market premiums until the plan has sufficient experience as
1932determined by the board to establish an actuarially sound rate
1933for Tier Two, at which point the board shall, subject to
1934paragraph (e), adjust the rates, if necessary, to produce
1935actuarially sound rates, provided such rate adjustment shall not
1936take effect prior to January 1, 2007.
1937     c.  Tier Three.-
1938     (I)  Eligibility.-An employer shall be included in Tier
1939Three if the employer does not meet the criteria for Tier One or
1940Tier Two.
1941     (II)  Rates.-The board shall establish, subject to
1942paragraph (e), and the plan shall charge, actuarially sound
1943rates for Tier Three insureds.
1944     23.  For Tier One or Tier Two employers which employ no
1945nonexempt employees or which report payroll which is less than
1946the minimum wage hourly rate for one full-time employee for 1
1947year at 40 hours per week, the plan shall establish actuarially
1948sound premiums, provided, however, that the premiums may not
1949exceed $2,500. These premiums shall be in addition to the fee
1950specified in subparagraph 26. When the plan establishes
1951actuarially sound rates for all employers in Tier One and Tier
1952Two, the premiums for employers referred to in this paragraph
1953are no longer subject to the $2,500 cap.
1954     24.  Provide for a depopulation program to reduce the
1955number of insureds in the plan. If an employer insured through
1956the 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
1960of the policy under the plan; or
1961     d.  By assumption of the plan's obligation with respect to
1962an in-force policy,
1963
1964that employer is no longer eligible for coverage through the
1965plan. The premium for risks assumed by the voluntary market
1966carrier must be no greater than the premium the insured would
1967have paid under the plan, and shall be adjusted upon renewal to
1968reflect changes in the plan rates and the tier for which the
1969insured would qualify as of the time of renewal. The insured may
1970be charged such premiums only for the first 3 years of coverage
1971in the voluntary market. A premium under this subparagraph is
1972deemed approved and is not an excess premium for purposes of s.
1973627.171.
1974     25.  Require that policies issued and applications must
1975include a notice that the policy could be replaced by a policy
1976issued from a voluntary market carrier and that, if an offer of
1977coverage is obtained from a voluntary market carrier, the
1978policyholder is no longer eligible for coverage through the
1979plan. The notice must also specify that acceptance of coverage
1980under the plan creates a conclusive presumption that the
1981applicant or policyholder is aware of this potential.
1982     26.  Require that each application for coverage and each
1983renewal premium be accompanied by a nonrefundable fee of $475 to
1984cover costs of administration and fraud prevention. The board
1985may, with the prior approval of the office, increase the amount
1986of the fee pursuant to a rate filing to reflect increased costs
1987of administration and fraud prevention. The fee is not subject
1988to commission and is fully earned upon commencement of coverage.
1989     Section 32.  Paragraph (e) of subsection (6) of section
1990627.351, 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
1994than $25,000, shall be made by receipt of written quotes,
1995written record of telephone quotes, or informal bids, whenever
1996practical. The procurement of goods or services valued at or
1997over $25,000 shall be subject to competitive solicitation,
1998except in situations where the goods or services are provided by
1999a sole source or are deemed an emergency purchase; the services
2000are exempted from competitive solicitation requirements under s.
2001287.057(3)(5)(f); or the procurement of services is subject to
2002s. 627.3513. Justification for the sole-sourcing or emergency
2003procurement must be documented. Contracts for goods or services
2004valued at or over $100,000 are subject to approval by the board.
2005     Section 33.  Subsection (2) of section 765.5155, Florida
2006Statutes, is amended to read:
2007     765.5155  Donor registry; education program.-
2008     (2)  The agency and the department shall jointly contract
2009for the operation of a donor registry and education program. The
2010contractor shall be procured by competitive solicitation
2011pursuant to chapter 287, notwithstanding any exemption in s.
2012287.057(3)(5)(f). When awarding the contract, priority shall be
2013given to existing nonprofit groups that are based within the
2014state, have expertise working with procurement organizations,
2015have expertise in conducting statewide organ and tissue donor
2016public education campaigns, and represent the needs of the organ
2017and tissue donation community in the state.
2018     Section 34.  Subsection (10) of section 893.055, Florida
2019Statutes, is amended to read:
2020     893.055  Prescription drug monitoring program.-
2021     (10)  All costs incurred by the department in administering
2022the prescription drug monitoring program shall be funded through
2023federal grants or private funding applied for or received by the
2024state. The department may not commit funds for the monitoring
2025program without ensuring funding is available. The prescription
2026drug monitoring program and the implementation thereof are
2027contingent upon receipt of the nonstate funding. The department
2028and state government shall cooperate with the direct-support
2029organization established pursuant to subsection (11) in seeking
2030federal grant funds, other nonstate grant funds, gifts,
2031donations, or other private moneys for the department so long as
2032the costs of doing so are not considered material. Nonmaterial
2033costs for this purpose include, but are not limited to, the
2034costs of mailing and personnel assigned to research or apply for
2035a grant. Notwithstanding the exemptions to competitive-
2036solicitation requirements under s. 287.057(3)(5)(f), the
2037department shall comply with the competitive-solicitation
2038requirements under s. 287.057 for the procurement of any goods
2039or services required by this section.
2040     Section 35.  Subsection (3) of section 1013.38, Florida
2041Statutes, is amended to read:
2042     1013.38  Boards to ensure that facilities comply with
2043building codes and life safety codes.-
2044     (3)  The Department of Management Services may, upon
2045request, provide facilities services for the Florida School for
2046the Deaf and the Blind, the Division of Blind Services, and
2047public broadcasting. As used in this section, the term
2048"facilities services" means project management, code and design
2049plan review, and code compliance inspection for projects as
2050defined in s. 287.017(5)(1)(e).
2051     Section 36.  Section 21 of chapter 2009-55, 2009 Laws of
2052Florida, is amended to read:
2053     Section 21.  The Agency for Health Care Administration
2054shall develop and implement a home health agency monitoring
2055pilot project in Miami-Dade County by January 1, 2010. The
2056agency shall contract with a vendor to verify the utilization
2057and the delivery of home health services and provide an
2058electronic billing interface for such services. The contract
2059must require the creation of a program to submit claims for the
2060home health services electronically. The program must verify
2061visits for the delivery of home health services telephonically
2062using voice biometrics. The agency may seek amendments to the
2063Medicaid state plan and waivers of federal law, as necessary, to
2064implement the pilot project. Notwithstanding s.
2065287.057(3)(5)(f), Florida Statutes, the agency must award the
2066contract through the competitive solicitation process. The
2067agency shall submit a report to the Governor, the President of
2068the Senate, and the Speaker of the House of Representatives
2069evaluating the pilot project by February 1, 2011.
2070     Section 37.  Section 31 of chapter 2009-223, Laws of
2071Florida, is amended to read:
2072     Section 31.  Pilot project to monitor home health
2073services.-The Agency for Health Care Administration shall
2074develop and implement a home health agency monitoring pilot
2075project in Miami-Dade County by January 1, 2010. The agency
2076shall contract with a vendor to verify the utilization and
2077delivery of home health services and provide an electronic
2078billing interface for home health services. The contract must
2079require the creation of a program to submit claims
2080electronically for the delivery of home health services. The
2081program must verify telephonically visits for the delivery of
2082home health services using voice biometrics. The agency may seek
2083amendments to the Medicaid state plan and waivers of federal
2084laws, as necessary, to implement the pilot project.
2085Notwithstanding s. 287.057(3)(5)(f), Florida Statutes, the
2086agency must award the contract through the competitive
2087solicitation process. The agency shall submit a report to the
2088Governor, the President of the Senate, and the Speaker of the
2089House of Representatives evaluating the pilot project by
2090February 1, 2011.
2091     Section 38.  This act shall take effect January 1, 2011.


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