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