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

    1         Senate Amendment (with directory and title amendments)
    3         Between lines 397 and 398
    4  insert:
    5         (e) The corporation is subject to s. 287.057 for the
    6  purchase of commodities and contractual services except as
    7  otherwise provided in this paragraph. Services provided by
    8  tradepersons or technical experts to assist a licensed adjuster
    9  in the evaluation of individual claims are not subject to the
   10  procurement requirements of this section. Additionally, the
   11  procurement of financial services providers and underwriters
   12  must be made pursuant to s. 627.3513. Contracts for goods or
   13  services valued at or more than $100,000 are subject to approval
   14  by the board.
   15         1. The corporation is an agency for purposes of s. 287.057,
   16  except that, for purposes of s. 287.057(22), the corporation is
   17  an eligible user.
   18         a. The authority of the Department of Management Services
   19  and the Chief Financial Officer under s. 287.057 extends to the
   20  corporation as if the corporation were an agency.
   21         b. The executive director of the corporation is the agency
   22  head under s. 287.057, except for resolution of bid protests for
   23  which the board would serve as the agency head.
   24         2. The corporation must provide notice of a decision or
   25  intended decision concerning a solicitation, contract award, or
   26  exceptional purchase by electronic posting. Such notice must
   27  contain the following statement: “Failure to file a protest
   28  within the time prescribed in this section constitutes a waiver
   29  of proceedings.”
   30         a. A person adversely affected by the corporation’s
   31  decision or intended decision to award a contract pursuant to s.
   32  287.057(1) or (3)(c) who elects to challenge the decision must
   33  file a written notice of protest with the executive director of
   34  the corporation within 72 hours after the corporation posts a
   35  notice of its decision or intended decision. For a protest of
   36  the terms, conditions, and specifications contained in a
   37  solicitation, including any provisions governing the methods for
   38  ranking bids, proposals, replies, awarding contracts, reserving
   39  rights of further negotiation, or modifying or amending any
   40  contract, the notice of protest must be filed in writing within
   41  72 hours after the posting of the solicitation. Saturdays,
   42  Sundays, and state holidays are excluded in the computation of
   43  the 72-hour time period.
   44         b. A formal written protest must be filed within 10 days
   45  after the date the notice of protest is filed. The formal
   46  written protest must state with particularity the facts and law
   47  upon which the protest is based. Upon receipt of a formal
   48  written protest that has been timely filed, the corporation must
   49  stop the solicitation or contract award process until the
   50  subject of the protest is resolved by final board action unless
   51  the executive director sets forth in writing particular facts
   52  and circumstances that require the continuance of the
   53  solicitation or contract award process without delay in order to
   54  avoid an immediate and serious danger to the public health,
   55  safety, or welfare. The corporation must provide an opportunity
   56  to resolve the protest by mutual agreement between the parties
   57  within 7 business days after receipt of the formal written
   58  protest. If the subject of a protest is not resolved by mutual
   59  agreement within 7 business days, the corporation’s board must
   60  place the protest on the agenda and resolve it at its next
   61  regularly scheduled meeting. The protest must be heard by the
   62  board at a publicly noticed meeting in accordance with
   63  procedures established by the board.
   64         c. In a protest of an invitation-to-bid or request-for
   65  proposals procurement, submissions made after the bid or
   66  proposal opening which amend or supplement the bid or proposal
   67  may not be considered. In protesting an invitation-to-negotiate
   68  procurement, submissions made after the corporation announces
   69  its intent to award a contract, reject all replies, or withdraw
   70  the solicitation that amends or supplements the reply may not be
   71  considered. Unless otherwise provided by law, the burden of
   72  proof rests with the party protesting the corporation’s action.
   73  In a competitive-procurement protest, other than a rejection of
   74  all bids, proposals, or replies, the corporation’s board must
   75  conduct a de novo proceeding to determine whether the
   76  corporation’s proposed action is contrary to the corporation’s
   77  governing statutes, the corporation’s rules or policies, or the
   78  solicitation specifications. The standard of proof for the
   79  proceeding is whether the corporation’s action was clearly
   80  erroneous, contrary to competition, arbitrary, or capricious. In
   81  any bid-protest proceeding contesting an intended corporation
   82  action to reject all bids, proposals, or replies, the standard
   83  of review by the board is whether the corporation’s intended
   84  action is illegal, arbitrary, dishonest, or fraudulent.
   85         d. Failure to file a notice of protest or failure to file a
   86  formal written protest constitutes a waiver of proceedings.
   87         e. In lieu of a bid protest proceeding conducted by the
   88  board in accordance with this subparagraph, the corporation may
   89  refer the protest to the Division of Administrative Hearings for
   90  a proceeding pursuant to s. 120.569. The division has
   91  jurisdiction to conduct a proceeding on such protest if a
   92  referral is made by the corporation.
   93         3. Contract actions and decisions by the board under this
   94  paragraph are final. Any further legal remedy must be made in
   95  the Circuit Court of Leon County.
   97  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   98  And the directory clause is amended as follows:
   99         Delete lines 90 - 91
  100  and insert:
  101         Section 2. Paragraphs (b), (e), and (hh) of subsection (6)
  102  of section 627.351, Florida Statutes, are amended to read:
  104  ================= T I T L E  A M E N D M E N T ================
  105  And the title is amended as follows:
  106         Delete line 27
  107  and insert:
  108         projected deficit; authorizing the Division of
  109         Administrative Hearings to hear protests of the
  110         corporation’s decisions regarding the purchase of
  111         commodities and contractual services; revising the
  112         date for submitting