Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SPB 7062
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/11/2014           .                                

    1         Senate Amendment (with directory and title amendments)
    4         Between lines 397 and 398
    5  insert:
    6         (e) The corporation is subject to s. 287.057 for the
    7  purchase of commodities and contractual services except as
    8  otherwise provided in this paragraph. Services provided by
    9  tradepersons or technical experts to assist a licensed adjuster
   10  in the evaluation of individual claims are not subject to the
   11  procurement requirements of this section. Additionally, the
   12  procurement of financial services providers and underwriters
   13  must be made pursuant to s. 627.3513. Contracts for goods or
   14  services valued at or more than $100,000 are subject to approval
   15  by the board.
   16         1. The corporation is an agency for purposes of s. 287.057,
   17  except that, for purposes of s. 287.057(22), the corporation is
   18  an eligible user.
   19         a. The authority of the Department of Management Services
   20  and the Chief Financial Officer under s. 287.057 extends to the
   21  corporation as if the corporation were an agency.
   22         b. The executive director of the corporation is the agency
   23  head under s. 287.057, except for resolution of bid protests for
   24  which the board would serve as the agency head.
   25         2. The corporation must provide notice of a decision or
   26  intended decision concerning a solicitation, contract award, or
   27  exceptional purchase by electronic posting. Such notice must
   28  contain the following statement: “Failure to file a protest
   29  within the time prescribed in this section constitutes a waiver
   30  of proceedings.”
   31         a. A person adversely affected by the corporation’s
   32  decision or intended decision to award a contract pursuant to s.
   33  287.057(1) or (3)(c) who elects to challenge the decision must
   34  file a written notice of protest with the executive director of
   35  the corporation within 72 hours after the corporation posts a
   36  notice of its decision or intended decision. For a protest of
   37  the terms, conditions, and specifications contained in a
   38  solicitation, including any provisions governing the methods for
   39  ranking bids, proposals, replies, awarding contracts, reserving
   40  rights of further negotiation, or modifying or amending any
   41  contract, the notice of protest must be filed in writing within
   42  72 hours after the posting of the solicitation. Saturdays,
   43  Sundays, and state holidays are excluded in the computation of
   44  the 72-hour time period.
   45         b. A formal written protest must be filed within 10 days
   46  after the date the notice of protest is filed. The formal
   47  written protest must state with particularity the facts and law
   48  upon which the protest is based. Upon receipt of a formal
   49  written protest that has been timely filed, the corporation must
   50  stop the solicitation or contract award process until the
   51  subject of the protest is resolved by final board action unless
   52  the executive director sets forth in writing particular facts
   53  and circumstances that require the continuance of the
   54  solicitation or contract award process without delay in order to
   55  avoid an immediate and serious danger to the public health,
   56  safety, or welfare.
   57         (I) The corporation must provide an opportunity to resolve
   58  the protest by mutual agreement between the parties within 7
   59  business days after receipt of the formal written protest.
   60         (II) If the subject of a protest is not resolved by mutual
   61  agreement within 7 business days, the corporation’s board must
   62  transmit the protest to the Division of Administrative Hearings
   63  and contract with the division to conduct a hearing to determine
   64  the merits of the protest and to issue a recommended order place
   65  the protest on the agenda and resolve it at its next regularly
   66  scheduled meeting. The contract must provide for the corporation
   67  to reimburse the division for any costs incurred by the division
   68  for court reporters, transcript preparation, travel, facility
   69  rental, and other customary hearing costs in the manner set
   70  forth in s. 120.65(9). The division has jurisdiction to
   71  determine the facts and law concerning the protest and to issue
   72  a recommended order. The division’s rules and procedures apply
   73  to these proceedings; the division’s applicable bond
   74  requirements do not apply. The protest must be heard by the
   75  division board at a publicly noticed meeting in accordance with
   76  procedures established by the division board.
   77         c. In a protest of an invitation-to-bid or request-for
   78  proposals procurement, submissions made after the bid or
   79  proposal opening which amend or supplement the bid or proposal
   80  may not be considered. In protesting an invitation-to-negotiate
   81  procurement, submissions made after the corporation announces
   82  its intent to award a contract, reject all replies, or withdraw
   83  the solicitation that amends or supplements the reply may not be
   84  considered. Unless otherwise provided by law, the burden of
   85  proof rests with the party protesting the corporation’s action.
   86  In a competitive-procurement protest, other than a rejection of
   87  all bids, proposals, or replies, the corporation’s board must
   88  conduct a de novo proceeding to determine whether the
   89  corporation’s proposed action is contrary to the corporation’s
   90  governing statutes, the corporation’s rules or policies, or the
   91  solicitation specifications. The standard of proof for the
   92  proceeding is whether the corporation’s action was clearly
   93  erroneous, contrary to competition, arbitrary, or capricious. In
   94  any bid-protest proceeding contesting an intended corporation
   95  action to reject all bids, proposals, or replies, the standard
   96  of review by the board is whether the corporation’s intended
   97  action is illegal, arbitrary, dishonest, or fraudulent.
   98         d. Failure to file a notice of protest or failure to file a
   99  formal written protest constitutes a waiver of proceedings.
  100         3. The board, acting as agency head, shall consider the
  101  recommended order of an administrative law judge in a public
  102  meeting and take final action on the protest. Contract actions
  103  and decisions by the board under this paragraph are final. Any
  104  further legal remedy lies with the First District Court of
  105  Appeal must be made in the Circuit Court of Leon County.
  107  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  108  And the directory clause is amended as follows:
  109         Delete lines 90 - 91
  110  and insert:
  111         Section 2. Paragraphs (b), (e), and (hh) of subsection (6)
  112  of section 627.351, Florida Statutes, are amended to read:
  114  ================= T I T L E  A M E N D M E N T ================
  115  And the title is amended as follows:
  116         Delete line 27
  117  and insert:
  118         projected deficit; requiring the corporation's board
  119         to contract with the Division of Administrative
  120         Hearings to hear protests of the corporation’s
  121         decisions regarding the purchase of commodities and
  122         contractual services and issue a recommended order;
  123         requiring the board to take final action in a public
  124         meeting; revising the date for submitting