Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for SB 7068
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Lee moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 693 and 694
    4  insert:
    5         Section 6. Section 337.1101, Florida Statutes, is created
    6  to read:
    7         337.1101 Contracting and procurement authority of the
    8  department; settlements; notification required.—
    9         (1) When the department, or any entity or enterprise within
   10  the department, determines that it is in the best interest of
   11  the public to resolve a protest filed in accordance with s.
   12  120.57(3) of the award of a contract being procured pursuant to
   13  s. 337.11 or related to the purchase of personal property or
   14  contractual services being procured pursuant to s. 287.057,
   15  through a settlement that requires the department to pay a
   16  nonselected responsive bidder a total sum of $1 million or more,
   17  including any amount paid pursuant to s. 334.049, s. 337.11(8),
   18  or any other law, the department must:
   19         (a) Document in a written memorandum by the secretary,
   20  which must be finalized not later than the date of notification
   21  of such settlement required pursuant to paragraph (b), the
   22  specific reasons that such settlement and payment to a
   23  nonselected responsive bidder is in the best interest of the
   24  state in lieu of resoliciting competitive sealed bids,
   25  proposals, or replies. The written memorandum must be included
   26  and maintained in the department’s permanent files concerning
   27  the procurement and must include:
   28         1. A detailed description of the property rights, patent
   29  rights, copyrights, or trademarks that the department will
   30  acquire as a result of such settlement;
   31         2. A detailed description of the analysis undertaken by the
   32  department of the proposal development costs and the anticipated
   33  degree of engineering design or other design work undertaken by
   34  the responsive bidder to which the department will obtain and
   35  retain the right to use from the nonselected responsive bidder
   36  or design-build firm;
   37         3. The department’s cost-benefit analysis demonstrating
   38  that the payment provides value to the department and is in the
   39  best interests of the state;
   40         4. The specific appropriation in the existing General
   41  Appropriations Act which the department intends to use to
   42  provide such payment; and
   43         5. The specific detailed reasons why the selected
   44  responsive bidder should not be responsible for the entire
   45  payment to the nonselected nonresponsive bidder or design-build
   46  firm.
   47         (b) Provide prior written notification to the President of
   48  the Senate, the Speaker of the House of Representatives, the
   49  Senate and House of Representatives minority leaders, the chair
   50  and vice chair of the Legislative Budget Commission, and the
   51  Attorney General at least 5 business days, or as soon thereafter
   52  as practicable, before the department makes the settlement
   53  agreement final. Such written notification must include the
   54  written memorandum required pursuant to paragraph (a).
   55         (c) Provide, at the time settlement discussions regarding
   56  any such payment have begun in earnest, written notification of
   57  such discussions to the President of the Senate, the Speaker of
   58  the House of Representatives, the Senate and House of
   59  Representatives minority leaders, the chair and vice chair of
   60  the Legislative Budget Commission, and the Attorney General. The
   61  written notification required pursuant to this paragraph must
   62  describe the procurement to which the proposed settlement
   63  payment relates, the range of the proposed payments involved,
   64  the specific appropriation in the General Appropriations Act
   65  which will be used to make the proposed payment, and a summary
   66  of the specific reasons the department has for considering such
   67  payment.
   68         (2) The department may not pledge any current or future
   69  action by another branch of state government as a condition of
   70  any procurement action. Any settlement that commits the state to
   71  spending any amount in excess of current appropriations, to the
   72  appropriation of funds in a subsequent fiscal year, or to policy
   73  changes inconsistent with current state law must be contingent
   74  upon and subject to legislative appropriation or statutory
   75  amendment. The department may agree to use its efforts to
   76  procure legislative funding or statutory amendments.
   78  ================= T I T L E  A M E N D M E N T ================
   79  And the title is amended as follows:
   80         Between lines 98 and 99
   81  insert:
   82         creating s. 337.1101, F.S.; specifying requirements
   83         for the department when the department or any entity
   84         or enterprise within the department determines that it
   85         is in the best interest of the public to resolve a
   86         certain protest of the award of a certain contract;
   87         providing requirements for a certain memorandum;
   88         providing requirements for certain notifications;
   89         prohibiting the department from pledging any current
   90         or future action by another branch of state government
   91         as a condition of any procurement action; requiring
   92         certain settlements to be contingent upon and subject
   93         to legislative appropriation or statutory amendment;
   94         authorizing the department to agree to use its efforts
   95         to procure legislative funding or statutory
   96         amendments;