1 | Representative Hooper offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Paragraph (b) of subsection (2) of section |
6 | 110.181, Florida Statutes, is amended to read: |
7 | 110.181 Florida State Employees' Charitable Campaign.- |
8 | (2) SELECTION OF FISCAL AGENTS; COST.- |
9 | (b) The fiscal agent shall withhold the reasonable costs |
10 | for conducting the campaign and for accounting and distribution |
11 | to the participating organizations and shall reimburse the |
12 | department the actual cost, not to exceed 1 percent of gross |
13 | pledges, for coordinating the campaign in accordance with the |
14 | rules of the department. In any fiscal year in which the |
15 | Legislature specifically appropriates to the department its |
16 | total costs for coordinating the campaign from the General |
17 | Revenue Fund, the fiscal agent is not required to reimburse such |
18 | costs to the department under this subsection. Otherwise, |
19 | reimbursement will be the difference between actual costs and |
20 | the amount appropriated. |
21 | Section 2. Paragraph (h) of subsection (1) of section |
22 | 287.042, Florida Statutes, is amended to read: |
23 | 287.042 Powers, duties, and functions.-The department |
24 | shall have the following powers, duties, and functions: |
25 | (1) |
26 | (h)1. The department may collect fees for the use of its |
27 | electronic information services. The fees may be imposed on an |
28 | individual transaction basis or as a fixed subscription for a |
29 | designated period of time. At a minimum, the fees shall be |
30 | determined in an amount sufficient to cover the department's |
31 | projected costs of the services, including overhead in |
32 | accordance with the policies of the Department of Management |
33 | Services for computing its administrative assessment. All fees |
34 | collected under this paragraph shall be deposited in the |
35 | Operating Trust Fund for disbursement as provided by law. |
36 | 2. The department shall transfer funds generated by fees |
37 | collected for the use of the department's electronic information |
38 | services from the Purchasing Oversight Account in the Operating |
39 | Trust Fund to the Administrative Trust Fund in the Department of |
40 | Financial Services to support statewide purchasing operations. |
41 | The amount of transfer shall be established each year in the |
42 | department's nonoperating budget based upon the estimated cost |
43 | of statewide purchasing operations provided by the Department of |
44 | Financial Services and may not exceed $1 million. |
45 | 3. The department shall calculate by June 5 each year the |
46 | amount of fees collected pursuant to subparagraph 1. remaining |
47 | in the Operating Trust Fund after satisfaction of all |
48 | obligations and encumbrances to cover the costs of providing |
49 | services pursuant to subparagraph 1. and shall transfer the |
50 | excess revenue to the General Revenue Fund before June 30 of |
51 | each year. The cash balance in the Operating Trust Fund on June |
52 | 30 of each year may not exceed $1.25 million. |
53 | Section 3. Paragraph (c) of subsection (22) of section |
54 | 287.057, Florida Statutes, is amended to read: |
55 | 287.057 Procurement of commodities or contractual |
56 | services.- |
57 | (22) The department, in consultation with the Agency for |
58 | Enterprise Information Technology and the Comptroller, shall |
59 | develop a program for online procurement of commodities and |
60 | contractual services. To enable the state to promote open |
61 | competition and to leverage its buying power, agencies shall |
62 | participate in the online procurement program, and eligible |
63 | users may participate in the program. Only vendors prequalified |
64 | as meeting mandatory requirements and qualifications criteria |
65 | may participate in online procurement. |
66 | (c) The department may impose and shall collect all fees |
67 | for the use of the online procurement systems. |
68 | 1. The fees may be imposed on an individual transaction |
69 | basis or as a fixed percentage of the cost savings generated. At |
70 | a minimum, the fees must be set in an amount sufficient to cover |
71 | the projected costs of the services, including administrative |
72 | and project service costs in accordance with the policies of the |
73 | department. |
74 | 2. If the department contracts with a provider for online |
75 | procurement, the department, pursuant to appropriation, shall |
76 | compensate the provider from the fees after the department has |
77 | satisfied all ongoing costs. The provider shall report |
78 | transaction data to the department each month so that the |
79 | department may determine the amount due and payable to the |
80 | department from each vendor. |
81 | 3. All fees that are due and payable to the state on a |
82 | transactional basis or as a fixed percentage of the cost savings |
83 | generated are subject to s. 215.31 and must be remitted within |
84 | 40 days after receipt of payment for which the fees are due. For |
85 | fees that are not remitted within 40 days, the vendor shall pay |
86 | interest at the rate established under s. 55.03(1) on the unpaid |
87 | balance from the expiration of the 40-day period until the fees |
88 | are remitted. |
89 | 4. All fees and surcharges collected under this paragraph |
90 | shall be deposited in the Operating Trust Fund for disbursement |
91 | as provided by law. |
92 | 5. The department shall transfer funds generated by fees |
93 | collected for the use of the department's online procurement |
94 | systems from the Purchasing Oversight Account in the Operating |
95 | Trust Fund to the Administrative Trust Fund in the Department of |
96 | Financial Services to support statewide purchasing operations. |
97 | The amount of transfer shall be established each year in the |
98 | department's nonoperating budget based upon the estimated cost |
99 | of statewide purchasing operations provided by the Department of |
100 | Financial Services and may not exceed $1 million. |
101 | 6. The department shall calculate by June 5 each year the |
102 | amount of fees collected pursuant to subparagraph 1. remaining |
103 | in the Operating Trust Fund after satisfaction of all |
104 | obligations and encumbrances to cover the costs of providing |
105 | services pursuant to subparagraph 1. and shall transfer the |
106 | excess revenue to the General Revenue Fund before June 30 of |
107 | each year. The cash balance in the Operating Trust Fund on June |
108 | 30 of each year may not exceed $1.25 million. |
109 | Section 4. Subsection (10) of section 287.16, Florida |
110 | Statutes, is amended, and subsections (11) and (12) of that |
111 | section are renumbered as subsections (10) and (11), |
112 | respectively, to read: |
113 | 287.16 Powers and duties of department.-The Department of |
114 | Management Services shall have the following powers, duties, and |
115 | responsibilities: |
116 | (10) To provide the Legislature annual reports at the end |
117 | of each calendar year concerning the utilization of all aircraft |
118 | in the executive pool. |
119 | Section 5. Section 287.161, Florida Statutes, is repealed. |
120 | Section 6. (1) The Bureau of Aircraft Trust Fund within |
121 | the Department of Management Services, FLAIR number 72-2-066, is |
122 | terminated on November 1, 2011. |
123 | (2) All current balances remaining in, and all revenues |
124 | of, the Bureau of Aircraft Trust Fund on the date of termination |
125 | shall be transferred to the General Revenue Fund. |
126 | (3) The Department of Management Services shall pay any |
127 | outstanding debts and obligations of the terminated fund as soon |
128 | as practicable, and the Chief Financial Officer shall close out |
129 | and remove the terminated fund from various state accounting |
130 | systems using generally accepted accounting principles |
131 | concerning warrants outstanding, assets, and liabilities. |
132 | Section 7. This act shall take effect July 1, 2011. |
133 |
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134 |
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135 | ----------------------------------------------------- |
136 | T I T L E A M E N D M E N T |
137 | Remove the entire title and insert: |
138 | A bill to be entitled |
139 | An act relating to the Department of Management Services; |
140 | amending s. 110.181, F.S.; revising provisions relating to |
141 | reimbursement of the department for actual costs of |
142 | coordinating the Florida State Employees' Charitable |
143 | Campaign; amending ss. 287.042 and 287.057, F.S.; |
144 | providing for the transfer of funds generated by fees |
145 | collected for the use of the department's online |
146 | procurement systems and electronic information services |
147 | from the department to the Department of Financial |
148 | Services to support statewide purchasing operations; |
149 | establishing the amount of transfer; providing for annual |
150 | transfer of specified excess revenue from fees collected |
151 | for the use of such systems and services to the General |
152 | Revenue Fund; setting an annual limitation on the cash |
153 | balance in the Operating Trust Fund of the department; |
154 | amending s. 287.16, F.S.; eliminating a duty of the |
155 | department to provide an annual report concerning |
156 | utilization of aircraft in the executive aircraft pool; |
157 | repealing s. 287.161, F.S., which establishes the |
158 | executive aircraft pool within the department and provides |
159 | procedures and requirements with respect thereto; |
160 | terminating the Bureau of Aircraft Trust Fund within the |
161 | department; providing for the disposition of balances in |
162 | and revenues of the trust fund; prescribing procedures for |
163 | terminating the trust fund; providing an effective date. |