Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7146
FOR CONSIDERATION By the Committee on Budget
576-02131C-11 20117146__
1 A bill to be entitled
2 An act relating to the Citizens Property Insurance
3 Corporation; repealing s. 627.351(6)(e) and (f), F.S.,
4 relating to the procurement of goods and services by
5 the corporation; creating s. 627.3514, F.S.; providing
6 standards for procurements by Citizens Property
7 Insurance Corporation; providing legislative intent;
8 providing definitions; providing general purchasing
9 rules for the procurement of goods or services by the
10 Citizens Property Insurance Corporation; requiring the
11 corporation’s legal department and purchasing
12 department to jointly prepare a contract for the
13 procurement of goods or services; requiring the legal
14 department to review and approve a contract before it
15 is executed; providing that certain procurements of
16 goods or services are subject to competitive
17 solicitation; providing that a public bid opening is
18 not required except under certain circumstances;
19 requiring a competitive solicitation to include a
20 contract term; requiring the corporation’s purchasing
21 department to coordinate and manage the competitive
22 solicitation process; providing for the use of four
23 methods for the competitive solicitation process;
24 requiring the business unit to provide certain
25 information in order for the purchasing department to
26 initiate the competitive solicitation process;
27 requiring the corporation to create a process for the
28 evaluation of vendor proposals appropriate for the
29 goods or services being procured and to coordinate the
30 receipt and evaluation of responses to the competitive
31 solicitation; requiring the corporation to give public
32 notice of a competitive solicitation by electronically
33 posting the competitive solicitation on its website
34 and the state’s procurement website; prohibiting
35 certain persons from communicating with any member of
36 the board or employee of Citizens Property Insurance
37 Corporation, or with any public official, officer, or
38 employee of the executive or legislative branch of
39 government, concerning any aspect of the solicitation;
40 providing a procedure for breaking a tie between two
41 vendors in the competitive solicitation process;
42 requiring the redaction of certain confidential and
43 exempt information in a vendor’s bid; requiring the
44 corporation to post a copy of each contract executed
45 on its website for certain contracts executed on or
46 after a specified date; authorizing a respondent to a
47 competitive solicitation to appeal the award of
48 certain contracts of more than a specified amount by
49 the corporation’s board; requiring the corporation’s
50 board to hear an appeal at a publicly noticed meeting
51 conducted according to appeal procedures established
52 by the board; authorizing a respondent to a
53 competitive solicitation to appeal the award of a
54 contract having a value at or above a specified amount
55 and less than a specified amount according to appeal
56 procedures established by the board; providing that
57 such appeals are not required to be heard by the
58 board; authorizing certain exemptions from the
59 competitive solicitation process; requiring the
60 corporation’s purchasing policy to address procurement
61 issues regarding conflicts of interest and to include
62 procedures for protecting against any conflict of
63 interest by Citizens’ board members and employees and
64 other expert consultants who are acting as an
65 evaluator in the purchasing process; requiring the
66 corporation to strive to increase business with
67 minority business enterprises; requiring the director
68 of purchasing to certify a business as a minority
69 business enterprise upon review and evaluation of
70 evidence provided by the business; requiring the
71 corporation to strive to increase business with
72 Florida small business enterprises by providing
73 education and outreach to Florida small business
74 enterprises regarding business opportunities with the
75 corporation; authorizing the corporation to use the
76 status of a business as a Florida small business
77 enterprise as a vendor-evaluation criterion in the
78 procurement of goods or services; requiring the
79 director of the corporation’s purchasing department to
80 certify a business as a Florida small business
81 enterprise upon review and evaluation of evidence
82 provided by the entity; authorizing the corporation to
83 use the status of a business as a Florida business
84 enterprise as a vendor-evaluation criterion in the
85 procurement of goods or services; requiring the
86 corporation to verify the status of a Florida business
87 enterprise; requiring the corporation’s board to
88 annually review and adopt the purchasing policy for
89 the corporation; requiring the corporation’s board to
90 submit a copy of the purchasing policy to the Office
91 of Insurance Regulation; requiring the Auditor General
92 to have access to the corporation’s procurement
93 documents and related materials; requiring the
94 documents and materials held by the Auditor General to
95 remain confidential; amending s. 838.014, F.S.;
96 including a board member or an employee of the
97 corporation within the definition of the term “public
98 servant” as it relates to the crime of bribery and the
99 misuse of public office; providing an effective date.
100
101 Be It Enacted by the Legislature of the State of Florida:
102
103 Section 1. Paragraphs (e) and (f) of subsection (6) of
104 section 627.351, Florida Statutes, are repealed.
105 Section 2. Section 627.3514, Florida Statutes, is created
106 to read:
107 627.3514 Standards for procurement by Citizens Property
108 Insurance Corporation.—
109 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
110 that Citizens Property Insurance Corporation, hereinafter
111 “Citizens,” maintain a transparent, accountable, and competitive
112 procurement process to ensure public confidence in the process
113 by which goods and services are procured.
114 (2) DEFINITIONS.—As used in this section, the term:
115 (a) “Bid” means an offer submitted by a vendor in response
116 to a competitive solicitation.
117 (b) “Board” means the Citizens’ board of governors
118 appointed pursuant to s. 627.351(6).
119 (c) “Competitive solicitation” means an invitation to bid,
120 a request for proposal, an invitation to negotiate, or a reverse
121 auction.
122 (d) “Competitive solicitation response” means a bid or
123 proposal submitted by a vendor in response to a competitive
124 solicitation.
125 (e) “Contract” means a written agreement between Citizens
126 and a vendor for the provision of goods or services.
127 (f) “Contract manager” means the individual employed by
128 Citizens who is responsible for overseeing performance of the
129 contract terms and conditions, reviewing and validating all
130 vendor invoices, tracking all expenditures and payments, and
131 serving as a liaison with the vendor.
132 (g) “Contract renewal” means an agreement to renew a
133 contract.
134 (h) “Florida business enterprise” means a business that has
135 or maintains its primary corporate office or home office within
136 this state.
137 (i) “Florida small business enterprise” means a business
138 that meets all of the following criteria:
139 1. Has or maintains its primary corporate office or home
140 office within this state;
141 2. Is engaged in commercial transactions;
142 3. Has annual gross sales or receipts of less than $6
143 million averaged over the past 3 years of the business’s actual
144 existence;
145 4. Has a primary owner who owns 51 percent or more of the
146 business or its common stock and who has a personal net worth
147 less than $750,000, excluding primary personal residence and
148 stock value of the Florida small business enterprise; and
149 5. Maintains the required licenses and necessary industry
150 expertise to perform.
151
152 If the business is a wholly or partially owned subsidiary, the
153 parent business must also meet the criteria of subparagraphs 1.
154 5.
155 (j) “Goods” mean all tangible or movable property or
156 things, including software, which are purchased or leased. The
157 term does not include investment securities, insurance, loans,
158 credit, trust indentures, or financial service providers or
159 underwriters provided for in s. 627.3513, whether or not
160 evidenced by a physical certificate or contract.
161 (k) “Informal bid” or “informal solicitation” means a
162 written or oral quotation of cost which is documented and
163 maintained by Citizens.
164 (l) “Invitation to bid” means a written or electronically
165 posted solicitation for competitive sealed bids.
166 (m) “Invitation to negotiate” means a written or
167 electronically posted solicitation for competitive sealed
168 replies to select one or more vendors with which to commence
169 negotiations for the procurement of commodities or contractual
170 services.
171 (n) “Minority business enterprise” means a business that
172 meets all of the following criteria:
173 1. Engages in commercial transactions.
174 2. Is at least 51 percent owned by a minority person, as
175 defined in s. 288.703, who is a citizen of the United States.
176 3. Is managed and controlled by a minority person, as
177 defined in s. 288.703, who is a citizen of the United States.
178 (o) “Proposal” means the documents submitted by the vendor
179 in response to a competitive solicitation to be used as the
180 basis for entering into a contract.
181 (p) “Request for proposal” means a written or
182 electronically posted solicitation for competitive sealed
183 proposals.
184 (q) “Reverse auction” means an online auction process in
185 which bidders simultaneously submit bids to a company without
186 knowledge of the amount bid by other participants and, unlike a
187 typical auction, prices decrease as the bidding process
188 continues.
189 (r) “Service” means the rendering by a vendor of time and
190 effort other than the furnishing of specific goods. Services
191 include, but are not limited to, insurance brokerage services,
192 evaluations, consultations, maintenance, accounting, security,
193 management systems, management consulting, educational training
194 programs, research and development studies or reports, and
195 professional, technical, and social services. Services do not
196 include the services provided by insurance agents appointed by
197 Citizens.
198 (s) “Vendor” means a person or entity that has a contract
199 with Citizens or that is under consideration for a contract,
200 including, but not limited to, insurance companies, take-out
201 companies, insurance agents, adjusting firms, consultants,
202 independent adjusters, contractors, law firms, and other service
203 providers. The term also includes any employee, agent, corporate
204 officer, owner, or person acting on behalf of the vendor, or any
205 parent or subsidiary corporation of the vendor.
206 (3) GENERAL RULES.—
207 (a) This section applies to the purchase of all goods or
208 services by Citizens, except:
209 1. Procurements of Citizens’ office space, which are
210 governed by the provisions of chapter 255, except that the
211 appeal process of subsection (6) applies; and
212 2. Claims payments made directly to an insured, or to a
213 vendor selected by an insured.
214 (b) Purchases that equal or exceed $2,500, but that are
215 less than $35,000, shall be made by receipt of written quotes,
216 written record of telephone quotes, or informal bids, whenever
217 practical. The procurement of goods or services valued at or
218 over $35,000 shall be subject to competitive solicitation,
219 except in situations in which the goods or services are provided
220 by a sole source or are deemed an emergency purchase, the
221 services are exempt from competitive solicitation requirements
222 under s. 287.057(3)(f), the procurement of services is subject
223 to s. 627.3513, or the procurement is a government contract as
224 provided in paragraph (7)(e).
225 (c) Purchases of goods or services that have an aggregate
226 value of at least $10 million or a duration exceeding 8 years
227 must be accompanied by a business case analysis before review
228 and approval by the Citizens’ board.
229 (d) Purchases of goods or services valued at or over
230 $100,000 are subject to approval by the Citizens’ board.
231 (e) Procurement of office space is subject to the
232 provisions of chapter 255, including provisions governing the
233 authority to hold title to real property. A public bid opening
234 of all responding bids is required pursuant to chapter 255.
235 (f) Procurements of goods or services may not be divided or
236 allocated in order to circumvent the provisions of this section.
237 The life of the contract, including renewals, must be included
238 when determining the dollar amount for the procurement method.
239 (g) In addition to any contractual renewal periods, a
240 contract may be extended for a period not to exceed 6 months
241 under the same terms and conditions set forth in the initial
242 contract. There may be only one extension of a contract unless
243 the failure to meet the criteria set forth in the contract for
244 completion of the contract is due to events beyond the control
245 of the vendor.
246 (h) A contract in excess of $35,000 must have an employee
247 from the business unit appointed as contract manager.
248 (i) Citizens may:
249 1. Amend an existing contract on terms and costs more
250 beneficial to Citizens if the terms and costs of the contract
251 are not extended or increased; or
252 2. Renew a contract under the renewal terms provided by the
253 contract.
254 (j) Goods or services must not be received before the
255 issuance of a purchase order or execution of a contract.
256 (k) A Citizens’ board member, officer, or employee may not
257 procure, purchase, or acquire any goods or services or make any
258 contract in any manner that is not in compliance with this
259 section.
260 (4) CONTRACT REVIEW.—Citizens’ legal department and
261 purchasing department must jointly prepare any contract for the
262 procurement of goods or services. The legal department must
263 review and approve a contract before it is executed.
264 (5) COMPETITIVE SOLICITATION.—
265 (a)1. The procurement of goods or services valued at or
266 over $35,000 is subject to competitive solicitation, except in
267 situations in which the goods or services are exempt from
268 competitive solicitation requirements as specified in s.
269 287.057(3)(f). A public bid opening is not required except as
270 provided in paragraph (3)(e). A competitive solicitation must
271 include a contract term.
272 2. The Citizens’ purchasing department shall coordinate and
273 manage the competitive solicitation process. The requirements of
274 paragraphs (b) and (c) must be addressed in the development of a
275 competitive solicitation.
276 (b) The competitive solicitation process shall use of one
277 of the following methods: an invitation to bid, a request for
278 proposal, an invitation to negotiate, or a reverse auction.
279 1.a. An invitation to bid shall be used if Citizens has the
280 ability to establish precise specifications defining the actual
281 goods required or defining the scope of work for which a service
282 is required.
283 b. An invitation to bid must include a detailed description
284 of the goods or services sought and a statement indicating
285 whether Citizens contemplates renewal of the contract.
286 c. A bid submitted in response to an invitation to bid
287 which contemplates renewal of the contract must include the
288 price for each year that the contract may be renewed. An
289 evaluation-of-responsive bid is limited to the total cost for
290 each year of the contract, including renewal years.
291 2. A request for proposal shall be used if Citizens’
292 requirements can be specifically defined.
293 a. Before issuing a request for proposal, Citizens shall
294 determine and specify in writing the reasons that procurement by
295 invitation to bid is not practicable. A request for proposal
296 must include a detailed statement describing the business unit
297 requirements and needs for which goods or services are being
298 sought, the relative importance of price and other evaluation
299 criteria, and a statement indicating whether Citizens
300 contemplates renewal of the contract.
301 b. Criteria that must be used for an evaluation of a
302 proposal include, but are not limited to:
303 (I) Price, which must be specified in the proposal;
304 (II) If Citizens contemplates renewal of the contract, the
305 price for each year that the contract may be renewed;
306 (III) Consideration of the total cost for each year of the
307 contract, including renewal years; and
308 (IV) How well the proposed goods or services meet Citizens’
309 requirements.
310 c. The contract shall be awarded by written notice to the
311 vendor whose proposal is determined in writing to be the most
312 advantageous to Citizens, taking into consideration the price
313 and other criteria set forth in the request for proposal.
314 3.a. An invitation to negotiate may be used if an
315 invitation to bid or request for proposal is not practicable.
316 Before issuing an invitation to negotiate, the executive
317 director of Citizens must determine and specify in writing the
318 reasons that procurement by invitation to bid or request for
319 proposal is not applicable. The invitation to negotiate must
320 describe the questions being explored, the facts being sought,
321 the specific goals or problems that are the subject of the
322 solicitation, and the criteria that shall be used to determine
323 the acceptability of the reply and guide the selection of the
324 vendor with which Citizens will negotiate.
325 b. Citizens shall evaluate replies against the established
326 evaluation criteria identified in the invitation-to-negotiate
327 document. Citizens may select one or more vendors with which to
328 commence negotiations. After negotiations are conducted,
329 Citizens shall award the contract to the vendor determined to
330 provide the best value to Citizens.
331 4. In order for the purchasing department to initiate the
332 competitive solicitation process, the following information must
333 be provided by the business unit if practicable:
334 a. Business and technical requirements and scope of work.
335 This information must avoid use of brand names, unless used only
336 as an indication of desired functionality or quality and the
337 brand names are qualified with the phrase “or equivalent”;
338 b. Performance criteria;
339 c. Evaluation criteria;
340 d. Specific deliverables;
341 e. Service-level requirements; and
342 f. Any information necessary to explain the business need
343 or intended purpose.
344 5. Citizens shall create a process for the evaluation of
345 vendor proposals appropriate for the goods or services being
346 procured and coordinate the receipt and evaluation of responses
347 to the competitive solicitation. The process shall include the
348 criteria to be evaluated and the method of evaluation and must
349 include pricing as separately scored criteria. A competitive
350 solicitation is subject to the requirements of chapter 286.
351 6. Citizens shall give public notice of a competitive
352 solicitation by electronically posting the competitive
353 solicitation on its website and the state’s procurement website.
354 Citizens shall post the notice at least 10 business days before
355 the date set for receipt of bids, proposals, or replies unless
356 Citizens determines in writing that a shorter period is
357 necessary to avoid harming the interests of the state.
358 7. A respondent to a solicitation under this section or any
359 person acting on behalf of the respondent may not communicate
360 with any member of the board, any employee of Citizens, or any
361 public official, officer, or employee of the executive or
362 legislative branch of government concerning any aspect of the
363 solicitation, except a written or electronic communication to
364 the procurement officer or such communication as provided for in
365 the solicitation documents. The period of such prohibited
366 communication begins when the solicitation is issued and ends 72
367 hours after notice is given of a recommended award, a rejection
368 of all proposals, or any other decision. A violation of this
369 subparagraph may be grounds for rejecting a response.
370 8. If a tie occurs in score or in price and if price is the
371 only criterion during a competitive solicitation, Citizens shall
372 determine the recommended vendor for the award based upon the
373 following criteria, listed in order of priority:
374 a. All goods and services of the vendor are manufactured or
375 performed in the state.
376 b. Certain foreign manufacturers of the vendor have
377 employees in the state, as designated in s. 287.092.
378 c. All goods and services of the vendor are manufactured or
379 performed in the United States.
380 d. The vendor is a Florida small business enterprise.
381 e. The vendor has implemented a drug-free workplace program
382 that meets the requirements of s. 287.087.
383
384 If none of the criteria of this subparagraph resolves the tie,
385 Citizens shall conduct a coin toss to determine the recommended
386 vendor for award. Citizens shall notify the tied vendors of the
387 tie and provide them with reasonable notice of the time and
388 location of the coin toss, which they may attend.
389 (c) If a vendor asserts that its bid contains information
390 that is confidential and exempt from the public-records
391 requirements of chapter 119, the vendor must submit with their
392 bid response, a version of all bid documents which redacts such
393 information.
394 (d) For contracts executed on or after January 1, 2012,
395 Citizens shall post a copy of each contract executed, with
396 necessary redactions, on its website for public access no later
397 than 30 days after the date of execution.
398 (6) APPEAL PROCESS.—
399 (a) A respondent to a competitive solicitation may appeal
400 the award of a contract by the board, including those contracts
401 awarded under chapter 255, if the value of the contract is
402 $100,000 or more. The appeal must be heard by the board at a
403 publicly noticed meeting and conducted according to appeal
404 procedures established by the board. Any further legal remedy
405 shall be to the Circuit Court of Leon County, Florida.
406 (b) A respondent to a competitive solicitation may appeal
407 the award of a contract having a value at or above $35,000 and
408 less than $100,000 according to appeal procedures established by
409 the board. Such appeals are not required to be heard by the
410 board. Any further legal remedy shall be to the Circuit Court of
411 Leon County, Florida.
412 (c) If the original award is overturned, the contract
413 executed pursuant to the award shall be terminated.
414 (7) EXEMPTIONS FROM COMPETITIVE SOLICITATION.—The following
415 exemptions from competitive solicitation are authorized:
416 (a)1. An emergency purchase is permitted only if the
417 president of Citizens, in consultation with the chair or vice
418 chair of the board, determines in writing that an immediate
419 danger to the public health, safety, or welfare, or other
420 immediate and substantial loss to Citizens or its policyholders
421 requires emergency action, in which case Citizens may proceed
422 with the procurement of goods or services necessitated by the
423 immediate danger without receiving competitive bids or
424 proposals. Citizens shall provide a report of any emergency
425 purchase of goods or services to the board and the state’s Chief
426 Financial Officer.
427 2. In any emergency purchase of goods or services in excess
428 of $35,000, each individual taking part in the development or
429 selection of criteria for evaluation, the evaluation process, or
430 the award process shall provide a completed and signed
431 purchasing conflict-of-interest disclosure form by which each
432 individual attests in writing that the individual does not have
433 any conflict of interest in the entities evaluated or selected.
434 (b)1. A sole source purchase is permitted only if the
435 following steps are been completed:
436 a. Citizens conducts an analysis of the marketplace for the
437 goods or service; and
438 b. Citizens determines in writing that the required goods
439 or service is:
440 (I) Available from only one supplier; or
441 (II) Necessary or unique, for example, if the deliverable
442 is copyrighted, patented, or proprietary, such as technology, or
443 if there is an absence of competition or providers in the
444 marketplace.
445 2. If Citizens reasonably determines that goods or services
446 qualify as a sole source purchase, it shall post on Citizens’
447 website a description of the goods or services sought for at
448 least 10 business days. If it is determined in writing by
449 Citizens after reviewing any information received from
450 prospective vendors that the goods or services qualify as a sole
451 source purchase, Citizens shall notify each vendor and proceed
452 with the purchase. A copy of the written determination shall be
453 promptly furnished to the state’s Chief Financial Officer and
454 the board. A sole source procurement must be discontinued and a
455 competitive solicitation instituted when written information is
456 timely received which demonstrates that the sole source process
457 is not applicable.
458 3. In any sole source purchase of goods or services in
459 excess of $35,000, the individuals taking part in the
460 development or selection of criteria for evaluation, the
461 evaluation process, or the award process must provide a
462 completed and signed purchasing conflict-of-interest disclosure
463 form by which the individuals attest in writing that they do not
464 have any conflict of interest in the entities evaluated or
465 selected.
466 (c) A purchase that is exempt from competitive solicitation
467 as listed under s. 287.057(3)(f).
468 (d) A contract with a financial service provider or
469 underwriter of bonds which is subject to s. 627.3513.
470 (e) A governmental contract if the contract was previously
471 procured by a competitive solicitation process, and the contract
472 is:
473 1. An approved state term contract that complies with the
474 requirements of ss. 287.056 and 287.057;
475 2. Approved by the Department of Management Services;
476 3. Procured by a state agency, political subdivision of the
477 state, a state university or a Florida College System
478 institution as defined in section 21 of chapter 2010-70, Laws of
479 Florida; or
480 4. An approved contract from the United States General
481 Services Administration.
482 (8) CONFLICT OF INTEREST.—Citizens’ purchasing policy must
483 include procedures for protecting against any conflict of
484 interest by Citizens’ board members, employees, and other expert
485 consultants who are acting as evaluators in the purchasing
486 process. Additionally, Citizens’ purchasing policy must address
487 other procurement issues regarding conflicts of interest.
488 (9) MINORITY BUSINESS ENTERPRISES.—
489 (a) Citizens shall strive to increase business with
490 minority business enterprises by providing education and
491 outreach to minority businesses regarding business opportunities
492 within Citizens, educating Citizens’ staff and vendors regarding
493 opportunities for minority business enterprises, and tracking
494 and monitoring purchases by minority business enterprises.
495 (b) The director of Citizens’ purchasing department shall
496 certify a business as a minority business enterprise upon review
497 and evaluation of evidence provided by the business which
498 demonstrates that it meets the definition of a minority business
499 enterprise. Additionally, Citizens may accept minority business
500 certifications from a federal, state, or other governmental
501 agency or political subdivision.
502 (10) FLORIDA SMALL BUSINESS ENTERPRISES.—
503 (a) Citizens shall strive to increase business with Florida
504 small business enterprises by providing education and outreach
505 to Florida small business enterprises regarding business
506 opportunities with Citizens, educating Citizens’ staff and
507 vendors regarding opportunities for Florida small business
508 enterprises, and tracking and monitoring purchases by Florida
509 small business enterprises. Citizens may use a business’s status
510 as a Florida small business enterprises as a vendor evaluation
511 criterion in the procurement of goods or services if the use of
512 such status may be beneficial for Citizens, its policyholders,
513 or the state. A five-point preference may be awarded to vendors
514 who meet the requirements for status as a Florida small business
515 enterprises for purposes of bid tabulation and comparison.
516 (b) The director of Citizens’ purchasing department shall
517 certify a business as a Florida small business enterprise upon
518 review and evaluation of evidence provided by the entity which
519 demonstrates that it meets the definition of a Florida small
520 business enterprise. Additionally, Citizens may accept small
521 business certifications from a federal, state, or other
522 governmental agency or political subdivision.
523 (11) FLORIDA BUSINESS ENTERPRISES.—
524 (a) Citizens may use the Florida business enterprise status
525 as a vendor-evaluation criterion in the procurement of goods or
526 services if it determines that the use of a business based in
527 this state may be beneficial for Citizens, its policyholders, or
528 the state.
529 (b) Citizens shall verify the status as a Florida business
530 enterprise by a review of its corporate documentation.
531 (12) ANNUAL REVIEW.—The Citizens’ board shall annually
532 review and adopt the purchasing policy for the corporation to
533 ensure compliance with this section. After adopting the
534 purchasing policy, the board shall submit a copy of the policy
535 to the Office of Insurance Regulation.
536 (13) AUDITOR GENERAL REVIEW.—The Auditor General shall have
537 access to any Citizens’ procurement documents and related
538 materials. Such documents and materials held by the Auditor
539 General must remain confidential as provided in s. 627.351(6) or
540 other state law.
541 Section 3. Subsection (6) of section 838.014, Florida
542 Statutes, is amended to read:
543 838.014 Definitions.—As used in this chapter, the term:
544 (6) “Public servant” means:
545 (a) Any officer or employee of a state, county, municipal,
546 or special district agency or entity;
547 (b) Any legislative or judicial officer or employee;
548 (c) Any person, except a witness, who acts as a general or
549 special magistrate, receiver, auditor, arbitrator, umpire,
550 referee, consultant, or hearing officer while performing a
551 governmental function; or
552 (d) A candidate for election or appointment to any of the
553 positions listed in this subsection, or an individual who has
554 been elected to, but has yet to officially assume the
555 responsibilities of, public office; or.
556 (e) Any member of the board of governors or employee of
557 Citizens Property Insurance Corporation.
558 Section 4. This act shall take effect January 1, 2012.