Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1626
Senate . House
Comm: RCS .
The Committee on Banking and Insurance (Gaetz) recommended the
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (a) and (i) of subsection (7) of
6 section 11.45, Florida Statutes, are amended to read:
7 11.45 Definitions; duties; authorities; reports; rules.—
8 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
9 (a) The Auditor General must
shall notify the Legislative
10 Auditing Committee of any local governmental entity, district
11 school board, charter school, or charter technical career center
12 that does not comply with the reporting requirements of s.
13 215.985 or s. 218.39.
14 (i) Beginning in 2012, the Auditor General shall annually
15 transmit by July 15, to the President of the Senate, the Speaker
16 of the House of Representatives, and the Department of Financial
17 Services, a list of all school districts, charter schools,
18 charter technical career centers, Florida College System
19 institutions, state universities, and water management districts
20 that have failed to comply with the transparency requirements of
21 s. 215.985 as identified in the audit reports reviewed pursuant
22 to paragraph (b) and those conducted pursuant to subsection (2).
23 Section 2. Section 215.971, Florida Statutes, is amended to
25 215.971 Agreements funded with federal and state
27 (1) For an agency agreement that provides state financial
28 assistance to a recipient or subrecipient, as those terms are
29 defined in s. 215.97, or that provides federal financial
30 assistance to a subrecipient, as defined by applicable United
31 States Office of Management and Budget circulars, the agreement
32 must shall include a provision:
33 (a) (1) A provision Specifying a scope of work that clearly
34 establishes the tasks that the recipient or subrecipient is
35 required to perform; and
36 (b) (2) A provision Dividing the agreement into quantifiable
37 units of deliverables which that must be received and accepted
38 in writing by the agency before payment. Each deliverable must
39 be directly related to the scope of work and must specify a
40 performance measure. As used in this paragraph, the term
41 “performance measure” means the required minimum level of
42 service to be performed and the criteria for evaluating the
43 successful completion of each deliverable.
44 (2) Effective October 1, 2012, before execution, agreements
45 to be funded with state or federal financial assistance must be
46 submitted for review and approval in accordance with rules
47 adopted by the Department of Financial Services. The review must
48 ensure that the agreement document contains a clear statement of
49 work, quantifiable and measureable deliverables, performance
50 measures, and financial consequences for nonperformance. An
51 agreement that does not comply with this subsection may be
52 rejected and returned to the submitting agency for revision.
53 (3) The Chief Financial Officer may establish dollar
54 thresholds and other criteria for sampling the agreements that
55 are to be reviewed prior to execution. The Chief Financial
56 Officer may revise such thresholds and other criteria for an
57 agency or the unit of any agency as he or she deems appropriate.
58 (4) The department has 30 days to make a final
59 determination regarding approval of an agreement. The department
60 and the agency entering into the agreement may agree to a longer
61 review period to ensure the thorough consideration of the
62 procurement process and its results.
63 (5) For each agreement funded with federal or state
64 assistance, the contracting agency shall designate an employee
65 to function as grant manager who shall be responsible for
66 enforcing performance of the agreement terms and conditions and
67 serve as a liaison with the recipient. A grant manager who is
68 responsible for one or more agreements in excess of the
69 threshold amount provided in s. 287.017 for CATEGORY FIVE must
70 be certified under s. 287.1312. The Chief Financial Officer
71 shall establish and disseminate uniform procedures for payment
72 requests pursuant to s. 17.03(3) to ensure that services are
73 rendered in accordance with the agreement terms before the
74 agency processes an invoice for payment. The procedures must
75 include, but need not be limited to, procedures for monitoring
76 and documenting a recipient’s performance, reviewing and
77 documenting all deliverables for which payment is requested by
78 the recipient, and providing written certification by the grant
79 manager of the agency’s receipt of goods and services.
80 Section 3. Subsection (16) of section 215.985, Florida
81 Statutes, is amended to read:
82 215.985 Transparency in government spending.—
83 (16) The Chief Financial Officer shall establish and
84 maintain a secure, shared, intergovernmental contract tracking
85 provide public access to a state contract management system.
86 (a) Within 30 calendar days after executing a contract,
87 each state agency as defined in s. 216.011(1), and, effective
88 November 1, 2013, each local governmental entity and independent
89 special district as defined in s. 218.31, each district school
90 board as described in s. 1001.32, the Board of Governors of the
91 State University System as described in s. 1001.70, and each
92 Florida College System institution board of trustees as
93 described in s. 1001.61 must post the following that provides
94 information and documentation relating to that contract on the
95 contract tracking system: contracts procured by governmental
97 1. The name of the contracting entities;
98 2. The procurement method;
99 3. The contract beginning and ending dates;
100 4. The nature or type of the commodities or services
102 5. Applicable contract unit prices and deliverables;
103 6. Total compensation to be paid or received under the
105 7. All payments made to the contract vendor to date;
106 8. All commodities or services received from the contract
107 vendor to date;
108 9. Applicable contract performance measures;
109 10. Contract extensions or renewals, if any;
110 11. The justification for not using competitive
111 solicitation to procure the contract, including citation to any
112 statutory exemption or exception from competitive solicitation,
113 if applicable;
114 12. Electronic copies of the contract and procurement
115 documents, including any provision that may have been redacted
116 to conceal exempt or confidential information; and
117 13. Any other information regarding the contract or the
118 procurement which may be required by the Department of Financial
120 (a) The data collected in the system must include, but need
121 not be limited to, the contracting agency; the procurement
122 method; the contract beginning and ending dates; the type of
123 commodity or service; the purpose of the commodity or service;
124 the compensation to be paid; compliance information, such as
125 performance metrics for the service or commodity; contract
126 violations; the number of extensions or renewals; and the
127 statutory authority for providing the service.
128 (b) Within 30 calendar days after a major modification or
129 amendment change to an existing contract, or the execution of a
130 new contract, agency procurement staff of the affected state
131 governmental entity must shall update the necessary information
132 described in paragraph (a) in the state contract tracking
133 man agement system. A major modification or amendment change to a
134 contract includes, but is not limited to, a renewal,
135 termination, or extension of the contract, or an amendment to
136 the contract as determined by the Chief Financial Officer.
137 (c) Each entity identified in paragraph (a) must redact, as
138 defined in s. 119.011, any exempt or confidential information,
139 including trade secrets as defined in s. 688.002 or s. 812.081,
140 from the contract or procurement documents before posting an
141 electronic copy of such documents on the contract tracking
143 1. If an entity becomes aware that an electronic copy of a
144 contract or procurement document that it posted has not been
145 properly redacted, the entity must replace the electronic copy
146 of the documents with a redacted copy.
147 2. If a party to a contract, or an authorized
148 representative thereof, discovers that an electronic copy of a
149 contract or procurement document on the system has not been
150 properly redacted, the party or representative may request the
151 entity that posted the document to redact the exempt or
152 confidential information. Upon receipt of a request in
153 compliance with this subparagraph, the entity that posted the
154 document shall redact the exempt or confidential information.
155 a. Such request must be in writing and delivered by mail,
156 facsimile, or electronic transmission, or in person to the
157 entity that posted the information. The request must identify
158 the specific document, the page numbers that include the exempt
159 or confidential information, the information that is exempt or
160 confidential, and the relevant statutory exemption. A fee may
161 not be charged for a redaction made pursuant to such request.
162 b. If necessary, a party to the contract may petition the
163 circuit court for an order directing compliance with this
165 3. The Chief Financial Officer, the Department of Financial
166 Services, or any officer, employee, or contractor thereof, is
167 not responsible for redacting exempt or confidential information
168 from an electronic copy of a contract or procurement document
169 posted by another entity on the system, and is not liable for
170 the failure of the entity to redact the exempt or confidential
171 information. The Department of Financial Services may notify the
172 posting entity if it discovers that a document posted on the
173 tracking system contains exempt or confidential information.
174 (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
175 Officer may make information posted on the contract tracking
176 system available for viewing and downloading by the public
177 through a secure website. Unless otherwise provided by law,
178 information retrieved electronically pursuant to this paragraph
179 is not admissible in court as an authenticated document.
180 1. The Chief Financial Officer may regulate and prohibit
181 the posting of records that could facilitate identity theft or
182 fraud, such as signatures; compromise or reveal an agency
183 investigation; reveal the identity of undercover personnel;
184 reveal proprietary confidential business information or trade
185 secrets; reveal an individual’s medical information; or reveal
186 any other record or information that the Chief Financial Officer
187 believes may jeopardize the health, safety, or welfare of the
188 public. However, such prohibition does not eliminate the duty of
189 an entity to provide a copy of a public record upon request. The
190 Chief Financial Officer shall use appropriate Internet security
191 measures to ensure that no person has the ability to alter or
192 modify records available on the website.
193 2. Records made available on the website, including
194 electronic copies of contracts or procurement documents, may not
195 reveal information made exempt or confidential by law. Notice of
196 the right of an affected party to request redaction of exempt or
197 confidential information pursuant to paragraph (c) must be
198 conspicuously and clearly displayed on the website. This
199 includes, but is not limited to:
200 a. Criminal intelligence or criminal investigative
201 information as defined in s. 119.011;
202 b. Surveillance techniques or procedures or personnel;
203 c. The identity of a confidential informant or confidential
205 d. The identify of undercover personnel of a criminal
206 justice agency;
207 e. A security system plan; or
208 f. Trade secret as defined in s. 688.002 or s. 812.081.
209 (e) The posting of information on the contract tracking
210 system or the provision of contract information on a website for
211 public viewing and downloading does not eliminate the duty of an
212 entity to respond to a public record request for such
213 information or to a subpoena for such information.
214 1. A request for a copy of a contract or procurement
215 document or a certified copy of a contract or procurement
216 document shall be made to the entity that is party to the
217 contract and that maintains the original documents. Such request
218 may not be made to the Chief Financial Officer or the Department
219 of Financial Services or any officer, employee, or contractor
220 thereof unless the Chief Financial Officer or the department is
221 a party to the contract.
222 2. A subpoena for a copy of a contract or procurement
223 document or certified copy of a contract or procurement document
224 must be served on the entity that is a party to the contract and
225 that maintains the original documents. The Chief Financial
226 Officer or the Department of Financial Services or any officer,
227 employee, or contractor thereof may not be served a subpoena for
228 those records unless the Chief Financial Officer or the
229 department is a party to the contract.
230 (f) The Department of Financial Services may adopt rules to
231 administer this subsection.
232 Section 4. Section 216.0111, Florida Statutes, is repealed.
233 Section 5. Effective October 1, 2013, section 287.032,
234 Florida Statutes, is amended to read:
235 287.032 Departmental responsibility purpose of department.
236 Pursuant to the administration of this chapter:
237 (1) It shall be The responsibility purpose of the
238 Department of Management Services is to:
239 (a) (1) To Promote efficiency, economy, and the conservation
240 of energy and coordinate to effect coordination in the purchase
241 of commodities and contractual services for the state.
242 (2) To provide uniform commodity and contractual service
243 procurement policies, rules, procedures, and forms for use by
244 agencies and eligible users.
245 (b) (3) To Procure and distribute federal surplus tangible
246 personal property allocated to the state by the Federal
248 (2) The responsibility of the Department of Financial
249 Services is to:
250 (a) Provide uniform commodity and contractual service
251 procurement policies, rules, procedures, and forms for use by
252 agencies and eligible users.
253 (b) Monitor agencies with respect to compliance with
254 established policies, rules, and procedures.
255 Section 6. Effective October 1, 2013, section 287.042,
256 Florida Statutes, is amended to read:
257 287.042 Powers, duties, and functions of the Department of
258 Management Services.—The department is responsible for the
259 procurement of commodities and contractual services for agencies
260 and has shall have the following powers, duties, and functions:
261 (1) (a) To canvass all sources of supply, establish and
262 maintain a vendor list, and contract for the purchase, lease, or
263 acquisition, including purchase by installment sales or lease
264 purchase contracts which may provide for the payment of interest
265 on unpaid portions of the purchase price, of all commodities and
266 contractual services required by an any agency under this
267 chapter. A Any contract providing for deferred payments and the
268 payment of interest is shall be subject to specific rules
269 adopted by the Department of Financial Services.
270 (a) (b) The department shall develop a list of interested
271 vendors to be maintained by classes of commodities and
272 contractual services. The list may not be used to prequalify a
273 vendor or to exclude an interested vendor from bidding. However,
274 a vendor barred by the Chief Financial Officer pursuant to s.
275 287.044(7) may not be included on the list. The department may
276 remove from the its vendor list any source of supply which fails
277 to fulfill any of its duties specified in a contract with the
278 state. The department It may reinstate any such source of supply
279 if the department when it is satisfied that further instances of
280 default will not occur.
281 (b) (c) In order to promote the cost-effective procurement
282 of commodities and contractual services, the department or an
283 agency may enter into contracts that limit the liability of a
284 vendor consistent with s. 672.719.
285 (d) The department shall issue commodity numbers for all
286 products of the corporation operating the correctional industry
287 program which meet or exceed department specifications.
288 (c) (e) The department shall include the products offered by
289 the corporation operating the correctional industry program on
290 any listing prepared by the department which lists state term
291 contracts executed by the department. The products or services
292 shall be placed on such list in a category based upon
293 specification criteria developed through a joint effort of the
294 department and the corporation and approved by the department.
295 1. (f) The corporation may submit products and services to
296 the department for testing, analysis, and review relating to the
297 quality and cost comparability. If, after review and testing,
298 the department approves of the products and services, the
299 department shall give written notice thereof to the corporation.
300 The corporation shall pay a reasonable fee charged for the
301 testing of its products by the Department of Agriculture and
302 Consumer Services.
303 2. The department shall issue a commodity number for all
304 products of the corporation which meet or exceed department
306 (d) (g) The department shall include products and services
307 that are offered by a qualified nonprofit agency for the blind
308 or for the other severely handicapped organized pursuant to
309 chapter 413 and that have been determined to be suitable for
310 purchase pursuant to s. 413.035 on a any department listing of
311 state term contracts. The products and services shall be placed
312 on such list in a category based upon specification criteria
313 developed by the department in consultation with the qualified
314 nonprofit agency.
315 (e) (h) The department may collect fees for the use of its
316 electronic information services. The fees may be imposed on an
317 individual transaction basis or as a fixed subscription for a
318 designated period of time. At a minimum, the fees shall be
319 determined in an amount sufficient to cover the department’s
320 projected costs for of the services, including overhead, in
321 accordance with the policies of the department of Management
322 Services for computing its administrative assessment. All fees
323 collected under this paragraph shall be deposited in the
324 Operating Trust Fund for disbursement as provided by law.
325 (2) (a) To establish purchasing agreements and procure state
326 term contracts for commodities and contractual services,
327 pursuant to s. 287.057, under which state agencies shall, and
328 eligible users may, make purchases pursuant to s. 287.056.
329 (a) The department may restrict purchases by from some term
330 contracts to state agencies from only f or those term contracts
331 if where the inclusion of other governmental entities will have
332 an adverse effect on competition or on to those federal
333 facilities located in this state. In such planning or
334 purchasing, the office of Supplier Diversity may monitor to
335 ensure that opportunities are afforded for contracting with
336 minority business enterprises. The department, for state term
337 contracts, and all agencies, for multiyear contractual services
338 or term contracts, shall explore reasonable and economical means
339 to use utilize certified minority business enterprises.
340 Purchases by any county, municipality, private nonprofit
341 community transportation coordinator designated pursuant to
342 chapter 427 , while conducting business related solely to the
343 Commission for the Transportation Disadvantaged, or other local
344 public agency under the provisions in the state purchasing
345 contracts, and purchases, from the corporation operating the
346 correctional work programs, of products or services that are
347 subject to paragraph (1)(c) (1)(f), are exempt from the
348 competitive solicitation requirements otherwise applying to
349 their purchases.
350 (b) As an alternative to any provision in s. 120.57(3)(c),
351 the department may proceed with the competitive solicitation or
352 contract award process of a term contract if when the secretary
353 of the department or his or her designee sets forth in writing
354 particular facts and circumstances that which demonstrate that
355 the delay incident to staying the solicitation or contract award
356 process would be detrimental to the interests of the state. If,
357 after the award of the a contract resulting from a competitive
358 solicitation in which a timely protest was received and in which
359 the state did not prevail, the contract may be canceled and
361 (c) Any person who files an action protesting a decision or
362 intended decision pertaining to contracts administered by the
363 department, a water management district, or an agency pursuant
364 to s. 120.57(3)(b) shall post with the department, the water
365 management district, or the agency at the time of filing the
366 formal written protest a bond payable to the department, the
367 water management district, or agency in an amount equal to 1
368 percent of the estimated contract amount. For protests of
369 decisions or intended decisions pertaining to exceptional
370 purchases, the bond must shall be in an amount equal to 1
371 percent of the estimated contract amount for the exceptional
373 1. The estimated contract amount shall be based upon the
374 contract price submitted by the protestor or, if no contract
375 price was submitted, the department, water management district,
376 or agency shall estimate the contract amount based on factors,
377 including, but not limited to, the price of previous or existing
378 contracts for similar commodities or contractual services, the
379 amount appropriated by the Legislature for the contract, or the
380 fair market value of similar commodities or contractual
381 services. The agency shall provide the estimated contract amount
382 to the vendor within 72 hours, excluding Saturdays, Sundays, and
383 state holidays, after the filing of the notice of protest by the
384 vendor. The estimated contract amount is not subject to protest
385 pursuant to s. 120.57(3).
386 2. The bond shall be conditioned upon the payment of all
387 costs and charges that are adjudged against the protestor in the
388 administrative hearing in which the action is brought and in any
389 subsequent appellate court proceeding.
390 3. In lieu of a bond, the department, the water management
391 district, or agency may , in either case, accept a cashier’s
392 check, official bank check, or money order in the amount of the
394 4. If, after completion of the administrative hearing
395 process and any appellate court proceedings, the department,
396 water management district, or agency prevails, it shall recover
397 all costs and charges, which must shall be included in the final
398 order or judgment, excluding attorney attorney’s fees. This
399 section shall not apply to protests filed by the Office of
400 Supplier Diversity. Upon payment of such costs and charges by
401 the protestor, the bond, cashier’s check, official bank check,
402 or money order shall be returned to the protestor. If, after the
403 completion of the administrative hearing process and any
404 appellate court proceedings, the protestor prevails, the
405 protestor may shall recover from the department, water
406 management district, or agency all costs and charges that are
407 which shall be included in the final order or judgment,
408 excluding attorney attorney’s fees.
409 5. This paragraph does not apply to protests filed by the
411 (3) To establish a system of coordinated, uniform
412 procurement policies, procedures, and practices to be used by
413 agencies in acquiring commodities and contractual services,
414 which shall include, but not be limited to:
415 (a) Development of a list of interested vendors to be
416 maintained by classes of commodities and contractual services.
417 This list shall not be used to prequalify vendors or to exclude
418 any interested vendor from bidding.
419 (b)1. Development of procedures for advertising
420 solicitations. These procedures must provide for electronic
421 posting of solicitations for at least 10 days before the date
422 set for receipt of bids, proposals, or replies, unless the
423 department or other agency determines in writing that a shorter
424 period of time is necessary to avoid harming the interests of
425 the state. The Office of Supplier Diversity may consult with the
426 department regarding the development of solicitation
427 distribution procedures to ensure that maximum distribution is
428 afforded to certified minority business enterprises as defined
429 in s. 288.703 .
430 2. Development of procedures for electronic posting. The
431 department shall designate a centralized website on the Internet
432 for the department and other agencies to electronically post
433 solicitations, decisions or intended decisions, and other
434 matters relating to procurement.
435 (c) Development of procedures for the receipt and opening
436 of bids, proposals, or replies by an agency. Such procedures
437 shall provide the Office of Supplier Diversity an opportunity to
438 monitor and ensure that the contract award is consistent with
439 the requirements of s. 287.09451 .
440 (d) Development of procedures to be used by an agency in
441 deciding to contract, including, but not limited to, identifying
442 and assessing in writing project needs and requirements,
443 availability of agency employees, budgetary constraints or
444 availability, facility equipment availability, current and
445 projected agency workload capabilities, and the ability of any
446 other state agency to perform the services.
447 (e) Development of procedures to be used by an agency in
448 maintaining a contract file for each contract which shall
449 include, but not be limited to, all pertinent information
450 relating to the contract during the preparatory stages; a copy
451 of the solicitation; documentation relating to the solicitation
452 process; opening of bids, proposals, or replies; evaluation and
453 tabulation of bids, proposals, or replies; and determination and
454 notice of award of contract.
455 (f) Development of procedures to be used by an agency for
456 issuing solicitations that include requirements to describe
457 commodities, services, scope of work, and deliverables in a
458 manner that promotes competition.
459 (g) Development of procedures to be used by an agency when
460 issuing requests for information and requests for quotes.
461 (h) Development of procedures to be used by state agencies
462 when procuring information technology commodities and
463 contractual services that ensure compliance with public records
464 requirements and records retention and archiving requirements.
465 (4)(a) To prescribe the methods of securing competitive
466 sealed bids, proposals, and replies. Such methods may include,
467 but are not limited to, procedures for identifying vendors;
468 setting qualifications; conducting conferences or written
469 question and answer periods for purposes of responding to vendor
470 questions; evaluating bids, proposals, and replies; ranking and
471 selecting vendors; and conducting negotiations.
472 (b) To prescribe procedures for procuring information
473 technology and information technology consultant services that
474 provide for public announcement and qualification, competitive
475 solicitations, contract award, and prohibition against
476 contingent fees. Such procedures are limited to information
477 technology consultant contracts for which the total project
478 costs, or planning or study activities, are estimated to exceed
479 the threshold amount provided in s. 287.017 , for CATEGORY TWO.
480 (3) (5) To prescribe specific commodities and quantities to
481 be purchased locally.
482 (6)(a) To govern the purchase by any agency of any
483 commodity or contractual service and to establish standards and
484 specifications for any commodity.
485 (4) (b) Except for the purchase of insurance, to the
486 department may delegate to agencies the authority for the
487 procurement of and contracting for commodities or contractual
489 (7) To establish definitions and classes of commodities and
490 contractual services. Agencies shall follow the definitions and
491 classes of commodities and contractual services established by
492 the department in acquiring or purchasing commodities or
493 contractual services. The authority of the department under this
494 section shall not be construed to impair or interfere with the
495 determination by state agencies of their need for, or their use
496 of, services including particular specifications.
497 (8) To provide any commodity and contractual service
498 purchasing rules to the Chief Financial Officer and all agencies
499 through an electronic medium or other means. Agencies may not
500 approve any account or request any payment of any account for
501 the purchase of any commodity or the procurement of any
502 contractual service covered by a purchasing or contractual
503 service rule except as authorized therein. The department shall
504 furnish copies of rules adopted by the department to any county,
505 municipality, or other local public agency requesting them.
506 (5) (9) To require that every agency furnish information
507 relative to its commodity and contractual services purchases and
508 methods of purchasing commodities and contractual services to
509 the department when so requested.
510 (6) (10) To prepare statistical data concerning the method
511 of procurement, terms, usage, and disposition of commodities and
512 contractual services by agencies. All agencies shall furnish
513 such information for this purpose to the office and to the
514 department, as the department or office may call for, but at
515 least no less frequently than annually, on such forms or in such
516 manner as the department may prescribe.
517 (11) To establish and maintain programs for the purpose of
518 disseminating information to government, industry, educational
519 institutions, and the general public concerning policies,
520 procedures, rules, and forms for the procurement of commodities
521 and contractual services.
522 (7) (12) Except as otherwise provided in this section
523 herein, to adopt rules necessary to carry out the purposes of
524 this section, including the authority to delegate to any agency
525 any and all of the responsibility conferred by this section,
526 retaining to the department any and all authority for
527 supervision thereof. Such purchasing of commodities and
528 procurement of contractual services by state agencies must also
529 shall be in strict accordance with the rules and procedures
530 prescribed by the Department of Financial Services.
531 (8) (13) If the department determines in writing that it is
532 in the best interest of the state, to award to multiple
533 suppliers contracts for commodities and contractual services
534 established by the department for use by all agencies. Such
535 awards may be on a statewide or regional basis. If regional
536 contracts are established by the department, multiple supplier
537 awards may be based upon multiple awards for regions. Agencies
538 may award contracts to a responsible and responsive vendor on a
539 statewide or regional basis.
540 (9) (14) To procure and distribute federal surplus tangible
541 personal property allocated to the state by the Federal
543 (10) (15) To enter into joint agreements with governmental
544 agencies, as defined in s. 163.3164, for the purpose of pooling
545 funds for the purchase of commodities or information technology
546 that can be used by multiple agencies.
547 (a) Each agency that has been appropriated or has existing
548 funds for such purchase, shall, upon contract award by the
549 department, transfer their portion of the funds into the
550 department’s Operating Trust Fund for payment by the department.
551 The funds shall be transferred by the Executive Office of the
552 Governor pursuant to the agency budget amendment request
553 provisions in chapter 216.
554 (b) Agencies that sign the joint agreements are financially
555 obligated for their portion of the agreed-upon funds. If an
556 agency becomes more than 90 days delinquent in paying the funds,
557 the department shall certify to the Chief Financial Officer the
558 amount due, and the Chief Financial Officer shall transfer the
559 amount due to the Operating Trust Fund of the department from
560 any of the agency’s available funds. The Chief Financial Officer
561 shall report these transfers and the reasons for the transfers
562 to the Executive Office of the Governor and the legislative
563 appropriations committees.
564 (11) (16) To evaluate contracts let by the Federal
565 Government, another state, or a political subdivision for the
566 provision of commodities and contract services, and, if it is
567 determined in writing to be cost-effective and in the best
568 interest of the state, to enter into a written agreement
569 authorizing an agency to make purchases under such contract.
570 (12) (17)(a) To enter into contracts pursuant to chapter 957
571 for the designing, financing, acquiring, leasing, constructing,
572 or operating of private correctional facilities. The department
573 shall enter into such a contract or contracts with one
574 contractor per facility for the designing, acquiring, financing,
575 leasing, constructing, and operating of that facility or may, if
576 specifically authorized by the Legislature, separately contract
577 for each of any such services.
578 (a) (b) The department shall also To manage and enforce
579 compliance with existing or future contracts entered into
580 pursuant to chapter 957.
581 (b) The department may not delegate the responsibilities
582 conferred by this subsection.
583 Section 7. Effective October 1, 2013, section 287.044,
584 Florida Statutes, is created to read:
585 287.044 Powers, duties, and functions of the Department of
586 Financial Services.—The Department of Financial Services is
587 responsible for establishing and enforcing procurement and
588 contracting policies and procedures for the Department of
589 Management Services and all agencies. The Department of
590 Financial Services has the following powers, duties, and
592 (1) To establish a system of coordinated and uniform
593 procurement policies, procedures, and practices to be used by
594 agencies when acquiring commodities and contractual services,
595 which includes, but is not limited to:
596 (a) The development of procedures to be used by an agency
597 for issuing or advertising solicitations which include
598 requirements for the agency to describe commodities, services,
599 scope of work, and deliverables in a manner that promotes
601 1. Such procedures must provide for electronic posting of
602 solicitations at least 10 days before the date set for receipt
603 of bids, proposals, or replies, unless the agency determines in
604 writing that a shorter period of time is necessary to avoid
605 harming the interests of the state.
606 2. The office may consult with the department regarding the
607 development of solicitation distribution procedures to ensure
608 that maximum distribution is afforded to certified minority
609 business enterprises as defined in s. 288.703.
610 3. The department shall designate a centralized website on
611 the Internet for the department and other agencies to
612 electronically post solicitations, decisions or intended
613 decisions, and other matters relating to procurement.
614 (b) The development of procedures to be used by an agency
615 when issuing requests for information and requests for quotes.
616 (c) The development of procedures to be used by state
617 agencies when procuring information technology commodities and
618 contractual services which ensure compliance with public records
619 requirements and records retention and archiving requirements.
620 (d) The development of procedures for the receipt and
621 opening of bids, proposals, or replies by an agency. Such
622 procedures must provide the office an opportunity to monitor and
623 to ensure that the contract award is consistent with the
624 requirements of s. 287.09451.
625 (e) The development of procedures to be used by an agency
626 in deciding to contract, including, but not limited to,
627 identifying and assessing in writing project needs and
628 requirements, availability of agency employees, budgetary
629 availability or constraints, availability of facility equipment,
630 current and projected agency workload capabilities, and the
631 ability of another state agency to perform the services.
632 (f) The development of procedures for recording and
633 maintaining support documentation for a cost or price analysis
634 to be performed before the award of a contract in excess of the
635 threshold amount provided in s. 287.017 for CATEGORY FOUR. The
636 cost or price analysis shall be used to validate the
637 reasonableness of bids, proposals, or replies.
638 (g) The development of procedures to be used by state
639 agencies when entering into contracts which ensure standard
640 formats, quantifiable and measurable deliverables, performance
641 measures, and financial consequences for nonperformance.
642 (h) The development of procedures to be used by an agency
643 in maintaining a contract file for each contract which includes,
644 but is not limited to, all pertinent information relating to the
645 contract during the preparatory stages; the solicitation
646 process, including a copy of the solicitation; the opening of
647 bids, proposals, or replies; the evaluation and tabulation of
648 bids, proposals, or replies; and the determination and notice of
649 contract award.
650 (2) To prescribe the methods of securing competitive sealed
651 bids, proposals, and replies. Such methods may include, but are
652 not limited to, procedures for identifying vendors; setting
653 qualifications; conducting conferences or written question and
654 answer periods for purposes of responding to vendor questions;
655 evaluating bids, proposals, and replies; ranking and selecting
656 vendors; and conducting negotiations.
657 (3) To prescribe procedures for procuring information
658 technology and information technology consultant services which
659 provide for public announcement and qualification, competitive
660 solicitations, the contract award, and a prohibition against
661 contingent fees. Such procedures are limited to information
662 technology consultant contracts for which the total project
663 costs, or planning or study activities, are estimated to exceed
664 the threshold amount provided in s. 287.017 for CATEGORY TWO.
665 (4) To govern the purchase by an agency of any commodity or
666 contractual service and to establish standards and
667 specifications for a commodity. The Chief Financial Officer
668 shall establish definitions and classes of commodities and
669 contractual services which agencies must adhere to in acquiring
670 or purchasing commodities or contractual services. The
671 department’s authority under this section may not impair or
672 interfere with an agency’s determination of its need for, or use
673 of, services that include particular specifications.
674 (5) To provide to agencies through an electronic medium or
675 other means rules for purchasing commodities and contractual
676 services. Agencies may not approve any account, or request
677 payment of any account, for the purchase of any commodity or the
678 procurement of any contractual service covered by a purchasing
679 or contractual service rule except as authorized by such rule.
680 The department shall furnish copies of rules adopted by the
681 department to any county, municipality, or other local public
682 agency requesting them.
683 (6) To establish and maintain programs that disseminate
684 information to governmental entities, industry vendors,
685 educational institutions, and the general public concerning
686 policies, procedures, rules, and forms for the procurement of
687 commodities and contractual services.
688 (7) To establish and maintain a list of vendors that are
689 not allowed to do business with the state pursuant to ss.
690 287.132(4) and 287.133. The department may add to the list
691 vendors that are not compliant with federal or state laws, or
692 that the department determines have uncollected accounts that
693 are owed to the state.
694 Section 8. Paragraph (f) of subsection (3) and subsections
695 (9), (14), and (16) of section 287.057, Florida Statutes, are
696 amended, and subsection (24) is added to that section, to read:
697 287.057 Procurement of commodities or contractual
699 (3) When the purchase price of commodities or contractual
700 services exceeds the threshold amount provided in s. 287.017 for
701 CATEGORY TWO, no purchase of commodities or contractual services
702 may be made without receiving competitive sealed bids,
703 competitive sealed proposals, or competitive sealed replies
705 (f) The following contractual services and commodities are
706 not subject to the competitive-solicitation requirements of this
708 1. Artistic services. For the purposes of this subsection,
709 the term “artistic services” does not include advertising or
710 typesetting. As used in this subparagraph, the term
711 “advertising” means the making of a representation in any form
712 in connection with a trade, business, craft, or profession in
713 order to promote the supply of commodities or services by the
714 person promoting the commodities or contractual services.
715 2. Academic program reviews if the fee for such services
716 does not exceed $50,000.
717 3. Lectures by individuals.
718 1. 4. Legal services, including attorney, paralegal, expert
719 witness, appraisal, or mediator services.
720 2. 5.a. Health services involving examination, diagnosis,
721 treatment, prevention, medical consultation, or administration,
722 and, .
723 b. beginning January 1, 2011, health services, including,
724 but not limited to, substance abuse and mental health services ,
725 involving examination, diagnosis, treatment, prevention, or
726 medical consultation, if when such services are offered to
727 eligible individuals participating in a specific program that
728 qualifies multiple providers and uses a standard payment
729 methodology. Reimbursement of administrative costs for providers
730 of services purchased in this manner are shall also be exempt.
731 For purposes of this subparagraph sub-subparagraph, the term
732 “providers” means health professionals, health facilities, or
733 organizations that deliver or arrange for the delivery of health
735 3. 6. Services provided to persons with mental or physical
736 disabilities by not-for-profit corporations that which have
737 obtained exemptions under the provisions of s. 501(c)(3) of the
738 United States Internal Revenue Code or if when such services are
739 governed by the provisions of Office of Management and Budget
740 Circular A-122. However, in acquiring such services, the agency
741 must shall consider the vendor’s ability of the vendor, past
742 performance, willingness to meet time requirements, and price.
743 4. 7. Medicaid services delivered to an eligible Medicaid
744 recipient, unless the agency is directed otherwise in law.
745 5. 8. Family placement services.
746 6. 9. Prevention services related to mental health,
747 including drug abuse prevention programs, child abuse prevention
748 programs, and shelters for runaways, operated by not-for-profit
749 corporations. However, in acquiring such services, the agency
750 must shall consider the vendor’s ability of the vendor, past
751 performance, willingness to meet time requirements, and price.
752 10. Training and education services provided to injured
753 employees pursuant to s. 440.491 (6).
754 7. 11 . Contracts entered into pursuant to s. 337.11.
755 8. 12 . Services or commodities provided by governmental
757 (9) An agency may shall not divide the solicitation of
758 commodities or contractual services so as to avoid the
759 requirements of subsections (1)-(3) and reduce the ability of
760 businesses to openly compete.
761 (14) For each contractual services contract, the agency
762 shall designate an employee to function as contract manager who
763 shall be responsible for enforcing performance of the contract
764 terms and conditions and serve as a liaison with the contractor.
765 Each contract manager who is responsible for one or more
766 contracts in excess of the threshold amount provided under s.
767 287.017 for CATEGORY FIVE TWO must be certified pursuant to s.
768 287.1312 attend training condu cted by the Ch ief Financial
769 Officer for accountability in contracts and grant management.
770 The Chief Financial Officer shall establish and disseminate
771 uniform procedures pursuant to s. 17.03(3) to ensure that
772 contractual services have been rendered in accordance with the
773 contract terms before the agency processes the invoice for
774 payment. The procedures must shall include, but need not be
775 limited to, procedures for monitoring and documenting contractor
776 performance, reviewing and documenting all deliverables for
777 which payment is requested by vendors, and providing written
778 certification by contract managers of the agency’s receipt of
779 goods and services.
780 (16) For a contract in excess of the threshold amount
781 provided in s. 287.017 for CATEGORY FOUR, the agency head shall
783 (a) At least three persons to evaluate proposals and
784 replies who collectively have experience and knowledge in the
785 program areas and service requirements for which commodities or
786 contractual services are sought.
787 (b) At least three persons to conduct negotiations during a
788 competitive sealed reply procurement who collectively have
789 experience and knowledge in negotiating contracts, contract
790 procurement, and the program areas and service requirements for
791 which commodities or contractual services are sought. When the
792 value of a contract is in excess of $1 million in any fiscal
793 year, at least one of the persons conducting negotiations must
794 be certified as a contract negotiator based upon rules adopted
795 by the Department of Financial Services Management Services in
796 order to ensure that certified contract negotiators are
797 knowledgeable about effective negotiation strategies, capable of
798 successfully implementing those strategies, and involved
799 appropriately in the procurement process. At a minimum, the
800 rules must address the qualifications required for
801 certification, the method of certification, and the procedure
802 for involving the certified negotiator. If the value of a
803 contract is in excess of $10 million in any fiscal year, at
804 least one of the persons conducting negotiations must be a
805 Project Management Professional, as certified by the Project
806 Management Institute.
807 (24) An agency or other eligible user may purchase
808 commodities or services through another agency’s existing
809 contract rather than through competitive competition if the use
810 of such contract is in the best interest of the state.
811 Section 9. Paragraph (e) of subsection (1) of section
812 287.058, Florida Statutes, is amended, and subsections (7)
813 through (11) are added to that section, to read:
814 287.058 Contract document.—
815 (1) Every procurement of contractual services in excess of
816 the threshold amount provided in s. 287.017 for CATEGORY TWO,
817 except for the providing of health and mental health services or
818 drugs in the examination, diagnosis, or treatment of sick or
819 injured state employees or the providing of other benefits as
820 required by the provisions of chapter 440, shall be evidenced by
821 a written agreement embodying all provisions and conditions of
822 the procurement of such services, which shall, where applicable,
823 include, but not be limited to, a provision:
824 (e) Dividing the contract into quantifiable, measurable,
825 and verifiable units of deliverables which that must be received
826 and accepted in writing by the contract manager before payment.
827 Each deliverable must be directly related to the scope of work
828 and specify a performance measure. As used in this paragraph,
829 the term “performance measure” means the required minimum level
830 of service to be performed and criteria for evaluating the
831 successful completion of each deliverable.
833 In lieu of a written agreement, the department may authorize the
834 use of a purchase order for classes of contractual services, if
835 the provisions of paragraphs (a)-(i) are included in the
836 purchase order or solicitation. The purchase order must include,
837 but need not be limited to, an adequate description of the
838 services, the contract period, and the method of payment. In
839 lieu of printing the provisions of paragraphs (a)-(i) in the
840 contract document or purchase order, agencies may incorporate
841 the requirements of paragraphs (a)-(i) by reference.
842 (7) The Chief Financial Officer may review and approve
843 contracts subject to this chapter before the execution of such
844 contracts in accordance with rules adopted by the department.
845 The review must ensure that all contracting laws have been met;
846 that the contract document contains a clear statement of work,
847 quantifiable and measureable deliverables, performance measures,
848 financial consequences for nonperformance, and clear terms and
849 conditions that protect the interests of the state; that
850 documentation is available to support the contract; and that the
851 associated costs of the contract are not unreasonable or
852 inappropriate. A contract that does not comply with this
853 subsection may be rejected and returned to the submitting agency
854 for revision.
855 (8) The Chief Financial Officer may establish dollar
856 thresholds and other criteria for sampling the agreements that
857 are to be reviewed prior to execution. The Chief Financial
858 Officer may revise such thresholds and other criteria for an
859 agency or the unit of any agency as he or she deems appropriate.
860 (9) The department’s review of contract documentation may
861 include, but need not be limited to:
862 (a) Evidence of advertising the procurement opportunity, if
864 (b) The bid, proposal, or reply itself, whether an
865 invitation to bid, request for proposals, or invitation to
866 negotiate, as applicable;
867 (c) The preprocurement conference questions and answers;
868 (d) Any additional documentation provided to bidders,
869 proposers, or repliers;
870 (e) The list of bidders, proposers, or repliers solicited;
871 (f) The evaluation instrument and process description
872 related to the contract;
873 (g) The bid tabulation or evaluation record;
874 (h) Documentation that supports the agency’s determination
875 of vendor responsibility;
876 (i) The successful bid, proposal, or reply in addition to
877 the unsuccessful bids, proposals, or replies;
878 (j) Documentation that supports the selection of the
880 (k) The reasonableness of the price;
881 (l) Verification that all statutory and regulatory
882 requirements have been met; and
883 (m) The proposed contract.
884 (10) The department shall verify that a competitive process
885 was used, if required by law, and that the contract was
886 appropriately awarded on the basis of lowest price or best value
887 to a responsive and reasonable bidder, proposer, or replier. For
888 contracts not competitively awarded, the procurement record
889 shall be reviewed for restrictive specifications and the
890 agency’s justification for the noncompetitive method used in
891 awarding the contract, including justification for the selection
892 of the vendor and the reasonableness of the terms.
893 (11) The department has 30 days to make a final
894 determination regarding approval of a contract. The department
895 and the agency entering into the contract may agree to a longer
896 review period to ensure the thorough consideration of the
897 procurement process and its results.
898 Section 10. Section 287.1312, Florida Statutes, is created
899 to read:
900 287.1312 Contract manager certification.—
901 (1) The Department of Financial Services shall establish a
902 training certification program for contract and grant managers
903 and negotiators of contracts and grants. A state employee may
904 not manage a contract or grant agreement in excess of the
905 threshold amount provided in s. 287.017 for CATEGORY FIVE
906 without obtaining a valid certification from the Department of
907 Financial Services under this section. The program must include
908 training in the following areas:
909 (a) Procurement and the development of contracts.
910 (b) Development and administration of grant agreements
911 involving federal and state financial assistance.
912 (c) Responsibilities of a contract manager in the
913 management of state contracts and grant agreements.
914 (d) Federal and state audit and reporting requirements.
915 (e) Laws and rules relating to procurement and contract
917 (f) Any other subject matter that the Chief Financial
918 Officer determines will promote accountability in contract and
919 grant management.
920 (2) The program shall provide for periodic recertification,
921 as necessary. The Department of Financial Services shall
922 determine course requirements, maintain information on
923 certifications, and monitor the performance of contract and
924 grant managers. As part of such monitoring, the department shall
925 annually publish the results of agency manager audits and error
926 rates related to contract and grant management on its website.
927 (3) The Department of Financial Services may revoke a
928 manager’s certification for incompetence or conduct inconsistent
929 with the responsibilities of contract or grant management.
930 (4) The Department of Financial Services shall adopt rules
931 to administer this section.
932 Section 11. Paragraph (d) of subsection (1) of section
933 287.133, Florida Statutes, is amended to read:
934 287.133 Public entity crime; denial or revocation of the
935 right to transact business with public entities.—
936 (1) As used in this section:
937 (d) “Department” means the Department of Financial
938 Management Services.
939 Section 12. Paragraph (h) of subsection (3) of section
940 255.25, Florida Statutes, is amended to read:
941 255.25 Approval required prior to construction or lease of
944 (h) The Department of Management Services may, Pursuant to
945 s. 287.042(2) (a), the department shall procure a term contract
946 for real estate consulting and brokerage services. A state
947 agency may not purchase services from the contract unless the
948 contract has been procured under s. 287.057(1) after March 1,
949 2007, and contains the following provisions or requirements:
950 1. Awarded brokers must maintain an office or presence in
951 the market served. In awarding the contract, preference must be
952 given to brokers who that are licensed in this state under
953 chapter 475 and who that have 3 or more years of experience in
954 the market served. The contract may be made with up to three
955 tenant brokers in order to serve the marketplace in the north,
956 central, and south areas of the state.
957 2. Each contracted tenant broker works shall work under the
958 direction, supervision, and authority of the state agency,
959 subject to the rules governing lease procurements.
960 3. The department provides shall provide training for the
961 awarded tenant brokers concerning the rules governing the
962 procurement of leases.
963 4. Tenant brokers must comply with all applicable
964 provisions of s. 475.278.
965 5. Real estate consultants and tenant brokers are shall be
966 compensated by the state agency, subject to the provisions of
967 the term contract, and such compensation is subject to
968 appropriation by the Legislature. A real estate consultant or
969 tenant broker may not receive compensation directly from a
970 lessor for services that are rendered under the term contract.
971 Moneys paid by a lessor to the state agency under a facility
972 leasing arrangement are not subject to the charges imposed under
973 s. 215.20. All terms relating to the compensation of the real
974 estate consultant or tenant broker must shall be specified in
975 the term contract and may not be supplemented or modified by the
976 state agency using the contract.
977 6. The department conducts shall conduct periodic customer
978 satisfaction surveys.
979 7. Each state agency reports shall report the following
980 information to the department:
981 a. The number of leases that adhere to the goal of the
982 workspace-management initiative of 180 square feet per full-time
983 employee FTE.
984 b. The quality of space leased and the adequacy of tenant
985 improvement funds.
986 c. The timeliness of lease procurement, measured from the
987 date of the agency’s request to the finalization of the lease.
988 d. Whether cost-benefit analyses were performed before
989 execution of the lease in order to ensure that the lease is in
990 the best interest of the state.
991 e. The lease costs compared to market rates for similar
992 types and classifications of space according to the official
993 classifications of the Building Owners and Managers Association.
994 Section 13. Subsection (12) of section 287.012, Florida
995 Statutes, is amended to read:
996 287.012 Definitions.—As used in this part, the term:
997 (12) “Exceptional purchase” means any purchase of
998 commodities or contractual services excepted by law or rule from
999 the requirements for competitive solicitation, including, but
1000 not limited to, purchases from a single source; purchases upon
1001 receipt of fewer less than two responsive bids, proposals, or
1002 replies; purchases made by an agency, after receiving approval
1003 from the department, from a contract procured, pursuant to s.
1004 287.057(1), or by another agency; and purchases made without
1005 advertisement in the manner required under by s. 287.044(1)(a)
1006 287.042 (3)(b).
1007 Section 14. Paragraph (a) of subsection (2) of section
1008 402.7305, Florida Statutes, is amended to read:
1009 402.7305 Department of Children and Family Services;
1010 procurement of contractual services; contract management.—
1011 (2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.—
1012 (a) Notwithstanding s. 287.057(3)(f)8. 287.057 (3)(f)12., if
1013 whenever the department intends to contract with a public
1014 postsecondary institution to provide a service, the department
1015 must allow all public postsecondary institutions in this state
1016 which that are accredited by the Southern Association of
1017 Colleges and Schools to bid on the contract. Thereafter,
1018 notwithstanding any other provision of law to the contrary, if a
1019 public postsecondary institution intends to subcontract for any
1020 service awarded in the contract, the subcontracted service must
1021 be procured by competitive procedures.
1022 Section 15. Subsection (3) of section 427.0135, Florida
1023 Statutes, is amended to read:
1024 427.0135 Purchasing agencies; duties and responsibilities.
1025 Each purchasing agency, in carrying out the policies and
1026 procedures of the commission, shall:
1027 (3) Not procure transportation disadvantaged services
1028 without initially negotiating with the commission, as provided
1029 in s. 287.057(3)(f)8. 287.057 (3)(f)12., or unless otherwise
1030 authorized by statute. If the purchasing agency, after
1031 consultation with the commission, determines that it cannot
1032 reach mutually acceptable contract terms with the commission,
1033 the purchasing agency may contract for the same transportation
1034 services provided in a more cost-effective manner and of
1035 comparable or higher quality and standards. The Medicaid agency
1036 shall implement this subsection in a manner consistent with s.
1037 409.908(18) and as otherwise limited or directed by the General
1038 Appropriations Act.
1039 Section 16. Subsection (2) of section 946.515, Florida
1040 Statutes, is amended to read:
1041 946.515 Use of goods and services produced in correctional
1042 work programs.—
1043 (2) A No similar product or service of comparable price and
1044 quality found necessary for use by any state agency may not be
1045 purchased from any source other than the corporation if the
1046 corporation certifies that the product is manufactured by, or
1047 the service is provided by, inmates and the product or service
1048 meets the comparable performance specifications and comparable
1049 price and quality requirements as specified under s.
1050 287.042(1)(c) 287.042 (1)(f) or as determined by an individual
1051 agency as provided in this section. The purchasing authority of
1052 any such state agency may make reasonable determinations of
1053 need, price, and quality with reference to products or services
1054 available from the corporation. In the event of a dispute
1055 between the corporation and a any purchasing authority based
1056 upon price or quality under this section or s. 287.042(1)(c)
1057 287.042 (1)(f), either party may request a hearing with the
1058 Department of Management Services and, if not resolved, either
1059 party may request a proceeding pursuant to ss. 120.569 and
1060 120.57, which shall be referred to the Division of
1061 Administrative Hearings within 60 days after such request, to
1062 resolve any dispute under this section. A No party is not
1063 entitled to any appeal pursuant to s. 120.68.
1064 Section 17. Procurement review and report.—
1065 (1) The Chief Financial Officer shall review and
1067 (a) All current state laws that govern the state
1068 procurement of goods, services, and facilities;
1069 (b) The procurement policies, rules, procedures, and
1070 practices followed by the state agencies, boards, commissions,
1071 offices, and other instrumentalities of the executive branch of
1072 state government;
1073 (c) The organization and management processes involved in
1074 the state procurement of goods, services, and facilities before
1075 the award of a state procurement contract, during the
1076 solicitation of bids, the evaluation, and the negotiation of a
1077 contract, and subsequent to the award of the contract to
1078 determine the extent to which these organization and management
1079 processes facilitate the legislative policy set forth in this
1080 act; and
1081 (d) Any other areas that the Chief Financial Officer deems
1082 relevant to the review and investigation.
1083 (2) In order to accomplish the procurement review directed
1084 by this section, the Chief Financial Officer may:
1085 (a) Acquire information directly from the head of any state
1086 department or agency for the purpose of conducting this review.
1087 All departments and agencies shall cooperate with the Chief
1088 Financial Officer and furnish all information requested to the
1089 extent permitted by law.
1090 (b) Procure the services of experts and consultants.
1091 (c) Contract with private organizations and nonprofit
1092 institutions to carry out studies and prepare reports to
1093 facilitate the review.
1094 (3) By December 31, 2012, the Chief Financial Officer shall
1095 submit to the Governor, the President of the Senate, and the
1096 Speaker of the House of Representatives a report of findings and
1097 recommendations for changes in statutes, rules, policies,
1098 procedures, and organization necessary to carry out the policies
1099 set forth in this act.
1100 Section 18. The Legislature recognizes the need to reform
1101 the purchasing cycle, from the development of a purchasing
1102 agreement to the payment for goods or services provided to the
1103 state. Therefore, chapter 287, Florida Statutes, is repealed
1104 effective July 30, 2014.
1105 Section 19. (1) For the 2012-2013 fiscal year, the sum of
1106 $400,000 in nonrecurring funds is appropriated from the
1107 Administrative Trust Fund in the Department of Financial
1108 Services to contract for the Chief Financial Officer’s review of
1109 the state’s procurement process.
1110 (2) For the 2012-2013 fiscal year, the sum of $375,000 in
1111 nonrecurring funds is appropriated from the Administrative Trust
1112 Fund in the Department of Financial Services to contract for the
1113 Chief Financial Officer’s administration of the certified
1114 contract manager and negotiator programs.
1115 (3) For the 2012-2013 fiscal year, the sum of $X00,000 in
1116 recurring funds from the General Revenue fund and ___ full-time
1117 equivalent positions and associated salary rate of ___ are
1118 appropriated to the Chief Financial Officer for the purpose of
1119 implementing the Chief Financial Officer’s expanded contract
1120 auditing responsibilities under this act. Funds remaining
1121 unexpended or unencumbered from this appropriation as of June
1122 30, 2013, shall revert and be reappropriated for the same
1123 purpose in the 2013-2014 fiscal year.
1124 Section 20. Except as otherwise expressly provided in this
1125 act, this act shall take effect July 1, 2012.
1127 ================= T I T L E A M E N D M E N T ================
1128 And the title is amended as follows:
1129 Delete everything before the enacting clause
1130 and insert:
1131 A bill to be entitled
1132 An act relating to state contracting; amending s.
1133 11.45, F.S.; conforming provisions to changes made by
1134 the act; amending s. 215.971, F.S.; requiring
1135 agreements funded with state or federal financial
1136 assistance to include a performance measure for each
1137 deliverable, to be reviewed and approved in accordance
1138 with rules adopted by the Department of Financial
1139 Services, and to have the contracting entity assign a
1140 grants manager who is responsible for enforcing
1141 performance of the agreement; amending s. 215.985,
1142 F.S.; revising provisions relating to the Chief
1143 Financial Officer’s intergovernmental contract
1144 tracking system under the Transparency Florida Act;
1145 specifying the entities that are included in the
1146 tracking system; requiring that exempt and
1147 confidential information be redacted from contracts
1148 and procurement documents posted on the system;
1149 authorizing the Chief Financial Officer to make
1150 available the information posted on the system to the
1151 public through a secure website; authorizing the
1152 Department of Financial Services to adopt rules;
1153 repealing s. 216.0111, F.S., relating to a requirement
1154 that state agencies report certain contract
1155 information to the Department of Financial Services
1156 and transferring that requirement to s. 215.985, F.S.;
1157 amending s. 287.032, F.S.; dividing the
1158 responsibilities of the Department of Management
1159 Services under ch. 287, F.S., with the Department of
1160 Financial Services; amending s. 287.042, F.S.;
1161 limiting the duties of the Department of Management
1162 Services to the procurement of commodities and
1163 contractual services; directing the department to
1164 develop a list of interested vendors; deleting
1165 provisions requiring that the department perform
1166 duties relating to procurement and contracting
1167 policies and procedures; creating s. 287.044, F.S.;
1168 assigning duties relating to procurement and
1169 contracting policies and procedures to the Department
1170 of Financial Services; requiring the department to
1171 develop a list of vendors not allowed to do business
1172 with the state; amending s. 287.057, F.S.; revising
1173 the list of contractual services and commodities that
1174 are exempt from competitive solicitation to delete
1175 certain services from the exemption; revising
1176 provisions prohibiting an agency from dividing a
1177 solicitation; conforming provisions to changes made by
1178 the act; authorizing an agency or other eligible user
1179 to purchase commodities or services through another
1180 agency’s contract; amending s. 287.058, F.S.;
1181 requiring contracts to include a performance measure
1182 for each deliverable; authorizing the Chief Financial
1183 Officer to review and approve contracts; providing
1184 requirements for such reviews; authorizing the Chief
1185 Financial Officer to establish dollar thresholds and
1186 another criteria for sampling agreements that are to
1187 be reviewed before execution; providing criteria for
1188 the department’s review of contract documentation;
1189 requiring that the department verify that a
1190 competitive process was used and that a contract was
1191 appropriately awarded; providing for the review of
1192 procurement record for contracts not competitively
1193 awarded; specifying the number of days that the
1194 department must make its final determination regarding
1195 the approval of a contract; authorizing the department
1196 and the agency to agree to a longer review period;
1197 creating s. 287.1312, F.S.; requiring certification of
1198 contract managers by the Department of Financial
1199 Services for contracts of more than a certain amount;
1200 requiring the training program for the certification
1201 to provide training in certain areas; authorizing the
1202 department to adopt rules to administer the program;
1203 amending s. 287.133, F.S.; revising the definition of
1204 “department” to mean the Department of Financial
1205 Services rather than the Department of Management
1206 Services with respect to provisions governing public
1207 entity crimes and placement on the convicted vendor
1208 list; amending ss. 255.25, 287.012, 402.7305,
1209 427.0135, and 946.515, F.S.; conforming cross
1210 references; requiring the Chief Financial Officer to
1211 conduct a study of current procurement laws pursuant
1212 to such policies; requiring that the Chief Financial
1213 Officer submit a report to the Legislature and
1214 Governor by a certain date on such study; repealing
1215 ch. 287, F.S., on a future date; providing
1216 appropriations; providing effective dates.