Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. PCS (434036) for CS for SB 1044
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/19/2019           .                                

       The Committee on Appropriations (Lee) recommended the following:
    1         Senate Amendment to Amendment (424768) (with title
    2  amendment)
    4         Between lines 55 and 56
    5  insert:
    6         Section 4. Section 337.1101, Florida Statutes, is created
    7  to read:
    8         337.1101 Contracting and procurement authority of the
    9  department; settlements; notification required.—
   10         (1) When the department, or any entity or enterprise within
   11  the department, determines that it is in the best interest of
   12  the public to resolve a protest filed in accordance with s.
   13  120.57(3) of the award of a contract being procured pursuant to
   14  s. 337.11 or related to the purchase of personal property or
   15  contractual services being procured pursuant to s. 287.057,
   16  through a settlement that requires the department to pay a
   17  nonselected responsive bidder a total sum of $1 million or more,
   18  including any amount paid pursuant to s. 334.049, s. 337.11(8),
   19  or any other law, the department must:
   20         (a) Document in a written memorandum by the secretary,
   21  which shall be finalized not later than the date of notification
   22  of such settlement required pursuant to paragraph (b), the
   23  specific reasons that such settlement and payment to a
   24  nonselected responsive bidder is in the best interest of the
   25  state in lieu of resoliciting competitive sealed bids,
   26  proposals, or replies. The written memorandum must be included
   27  and maintained in the department’s permanent files concerning
   28  the procurement and must include:
   29         1. A detailed description of the property rights, patent
   30  rights, copyrights, or trademarks that the department will
   31  acquire as a result of such settlement;
   32         2. A detailed description of the analysis undertaken by the
   33  department of the proposal development costs and the anticipated
   34  degree of engineering design or other design work undertaken by
   35  the responsive bidder to which the department will obtain and
   36  retain the right to use from the nonselected responsive bidder
   37  or design-build firm;
   38         3. The department’s cost-benefit analysis demonstrating
   39  that the payment provides value to the department and is in the
   40  best interests of the state;
   41         4. The specific appropriation in the existing General
   42  Appropriations Act which the department intends to use to
   43  provide such payment; and
   44         5. The specific detailed reasons why the selected
   45  responsive bidder should not be responsible for the entire
   46  payment to the nonselected nonresponsive bidder or design-build
   47  firm.
   48         (b) Provide prior written notification to the President of
   49  the Senate, the Speaker of the House of Representatives, the
   50  Senate and House of Representatives minority leaders, the chair
   51  and vice-chair of the Legislative Budget Commission, and the
   52  Attorney General at least 5 business days, or as soon thereafter
   53  as practicable, before the department makes the settlement
   54  agreement final. Such written notification must include the
   55  written memorandum required pursuant to paragraph (a).
   56         (c) Provide, at the time settlement discussions regarding
   57  any such payment have begun in earnest, written notification of
   58  such discussions to the President of the Senate, the Speaker of
   59  the House of Representatives, the Senate and House of
   60  Representatives minority leaders, the chair and vice-chair of
   61  the Legislative Budget Commission, and the Attorney General. The
   62  written notification required pursuant to this paragraph must
   63  describe the procurement to which the proposed settlement
   64  payment relates, the range of the proposed payments involved,
   65  the specific appropriation in the General Appropriations Act
   66  which will be used to make the proposed payment, and a summary
   67  of the specific reasons the department has for considering such
   68  payment.
   69         (2) The department may not pledge any current or future
   70  action by another branch of state government as a condition of
   71  any procurement action. Any settlement that commits the state to
   72  spending any amount in excess of current appropriations, to the
   73  appropriation of funds in a subsequent fiscal year, or to policy
   74  changes inconsistent with current state law must be contingent
   75  upon and subject to legislative appropriation or statutory
   76  amendment. The department may agree to use its efforts to
   77  procure legislative funding or statutory amendments.
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81         Delete line 233
   82  and insert:
   83         increases; amending s. 337.1101, F.S.; specifying
   84         requirements for the department when the department or
   85         any entity or enterprise within the department
   86         determines that it is in the best interest of the
   87         public to resolve a certain protest of the award of a
   88         certain contract; providing requirements for a certain
   89         memorandum; providing requirements for certain
   90         notifications; prohibiting the department from
   91         pledging any current or future action by another
   92         branch of state government as a condition of any
   93         procurement action; requiring certain settlements to
   94         be contingent upon and subject to legislative
   95         appropriation or statutory amendment; authorizing the
   96         department to agree to use its efforts to procure
   97         legislative funding or statutory amendments; amending
   98         s. 337.14, F.S.; requiring that