Amendment
Bill No. SB 2126
Amendment No. 790943
CHAMBER ACTION
Senate House
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1Representative Hooper offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraph (b) of subsection (2) of section
6110.181, 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
10for conducting the campaign and for accounting and distribution
11to the participating organizations and shall reimburse the
12department the actual cost, not to exceed 1 percent of gross
13pledges, for coordinating the campaign in accordance with the
14rules of the department. In any fiscal year in which the
15Legislature specifically appropriates to the department its
16total costs for coordinating the campaign from the General
17Revenue Fund, the fiscal agent is not required to reimburse such
18costs to the department under this subsection. Otherwise,
19reimbursement will be the difference between actual costs and
20the amount appropriated.
21     Section 2.  Paragraph (h) of subsection (1) of section
22287.042, Florida Statutes, is amended to read:
23     287.042  Powers, duties, and functions.-The department
24shall have the following powers, duties, and functions:
25     (1)
26     (h)1.  The department may collect fees for the use of its
27electronic information services. The fees may be imposed on an
28individual transaction basis or as a fixed subscription for a
29designated period of time. At a minimum, the fees shall be
30determined in an amount sufficient to cover the department's
31projected costs of the services, including overhead in
32accordance with the policies of the Department of Management
33Services for computing its administrative assessment. All fees
34collected under this paragraph shall be deposited in the
35Operating Trust Fund for disbursement as provided by law.
36     2.  The department shall transfer funds generated by fees
37collected for the use of the department's electronic information
38services from the Purchasing Oversight Account in the Operating
39Trust Fund to the Administrative Trust Fund in the Department of
40Financial Services to support statewide purchasing operations.
41The amount of transfer shall be established each year in the
42department's nonoperating budget based upon the estimated cost
43of statewide purchasing operations provided by the Department of
44Financial Services and may not exceed $1 million.
45     3.  The department shall calculate by June 5 each year the
46amount of fees collected pursuant to subparagraph 1. remaining
47in the Operating Trust Fund after satisfaction of all
48obligations and encumbrances to cover the costs of providing
49services pursuant to subparagraph 1. and shall transfer the
50excess revenue to the General Revenue Fund before June 30 of
51each year. The cash balance in the Operating Trust Fund on June
5230 of each year may not exceed $1.25 million.
53     Section 3.  Paragraph (c) of subsection (22) of section
54287.057, Florida Statutes, is amended to read:
55     287.057  Procurement of commodities or contractual
56services.-
57     (22)  The department, in consultation with the Agency for
58Enterprise Information Technology and the Comptroller, shall
59develop a program for online procurement of commodities and
60contractual services. To enable the state to promote open
61competition and to leverage its buying power, agencies shall
62participate in the online procurement program, and eligible
63users may participate in the program. Only vendors prequalified
64as meeting mandatory requirements and qualifications criteria
65may participate in online procurement.
66     (c)  The department may impose and shall collect all fees
67for the use of the online procurement systems.
68     1.  The fees may be imposed on an individual transaction
69basis or as a fixed percentage of the cost savings generated. At
70a minimum, the fees must be set in an amount sufficient to cover
71the projected costs of the services, including administrative
72and project service costs in accordance with the policies of the
73department.
74     2.  If the department contracts with a provider for online
75procurement, the department, pursuant to appropriation, shall
76compensate the provider from the fees after the department has
77satisfied all ongoing costs. The provider shall report
78transaction data to the department each month so that the
79department may determine the amount due and payable to the
80department from each vendor.
81     3.  All fees that are due and payable to the state on a
82transactional basis or as a fixed percentage of the cost savings
83generated are subject to s. 215.31 and must be remitted within
8440 days after receipt of payment for which the fees are due. For
85fees that are not remitted within 40 days, the vendor shall pay
86interest at the rate established under s. 55.03(1) on the unpaid
87balance from the expiration of the 40-day period until the fees
88are remitted.
89     4.  All fees and surcharges collected under this paragraph
90shall be deposited in the Operating Trust Fund for disbursement
91as provided by law.
92     5.  The department shall transfer funds generated by fees
93collected for the use of the department's online procurement
94systems from the Purchasing Oversight Account in the Operating
95Trust Fund to the Administrative Trust Fund in the Department of
96Financial Services to support statewide purchasing operations.
97The amount of transfer shall be established each year in the
98department's nonoperating budget based upon the estimated cost
99of statewide purchasing operations provided by the Department of
100Financial Services and may not exceed $1 million.
101     6.  The department shall calculate by June 5 each year the
102amount of fees collected pursuant to subparagraph 1. remaining
103in the Operating Trust Fund after satisfaction of all
104obligations and encumbrances to cover the costs of providing
105services pursuant to subparagraph 1. and shall transfer the
106excess revenue to the General Revenue Fund before June 30 of
107each year. The cash balance in the Operating Trust Fund on June
10830 of each year may not exceed $1.25 million.
109     Section 4.  Subsection (10) of section 287.16, Florida
110Statutes, is amended, and subsections (11) and (12) of that
111section are renumbered as subsections (10) and (11),
112respectively, to read:
113     287.16  Powers and duties of department.-The Department of
114Management Services shall have the following powers, duties, and
115responsibilities:
116     (10)  To provide the Legislature annual reports at the end
117of each calendar year concerning the utilization of all aircraft
118in the executive pool.
119     Section 5.  Section 287.161, Florida Statutes, is repealed.
120     Section 6.  (1)  The Bureau of Aircraft Trust Fund within
121the Department of Management Services, FLAIR number 72-2-066, is
122terminated on November 1, 2011.
123     (2)  All current balances remaining in, and all revenues
124of, the Bureau of Aircraft Trust Fund on the date of termination
125shall be transferred to the General Revenue Fund.
126     (3)  The Department of Management Services shall pay any
127outstanding debts and obligations of the terminated fund as soon
128as practicable, and the Chief Financial Officer shall close out
129and remove the terminated fund from various state accounting
130systems using generally accepted accounting principles
131concerning warrants outstanding, assets, and liabilities.
132     Section 7.  This act shall take effect July 1, 2011.
133
134
135
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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
139An act relating to the Department of Management Services;
140amending s. 110.181, F.S.; revising provisions relating to
141reimbursement of the department for actual costs of
142coordinating the Florida State Employees' Charitable
143Campaign; amending ss. 287.042 and 287.057, F.S.;
144providing for the transfer of funds generated by fees
145collected for the use of the department's online
146procurement systems and electronic information services
147from the department to the Department of Financial
148Services to support statewide purchasing operations;
149establishing the amount of transfer; providing for annual
150transfer of specified excess revenue from fees collected
151for the use of such systems and services to the General
152Revenue Fund; setting an annual limitation on the cash
153balance in the Operating Trust Fund of the department;
154amending s. 287.16, F.S.; eliminating a duty of the
155department to provide an annual report concerning
156utilization of aircraft in the executive aircraft pool;
157repealing s. 287.161, F.S., which establishes the
158executive aircraft pool within the department and provides
159procedures and requirements with respect thereto;
160terminating the Bureau of Aircraft Trust Fund within the
161department; providing for the disposition of balances in
162and revenues of the trust fund; prescribing procedures for
163terminating the trust fund; providing an effective date.


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