HB 1905

1	A bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	14.2015, 15.18, 20.23, 24.113, 61.1826, 101.292, 101.293,
4	112.3145, 112.3215, 119.07, 163.01, 190.033, 215.56005,
5	215.964, 216.345, 255.101, 255.102, 255.20, 255.60,
6	257.05, 265.284, 267.115, 267.173, 272.185, 273.055,
7	281.08, 284.32, 284.33, 284.40, 288.012, 288.1167,
8	288.1224, 288.1226, 288.703, 311.09, 321.02, 332.14,
9	337.02, 337.105, 337.107, 337.1075, 337.14, 343.54,
10	343.64, 343.74, 372.0222, 376.30711, 376.3075, 376.84,
11	381.0065, 394.457, 394.47865, 402.40, 402.73, 403.1837,
12	403.7065, 408.045, 409.908, 409.912, 411.01, 413.036,
13	420.0006, 420.507, 430.502, 445.024, 455.209, 455.2177,
14	455.221, 456.008, 456.009, 479.261, 481.205, 489.145,
15	517.1204, 527.23, 570.903, 571.27, 573.118, 601.10,
16	626.266, 626.2815, 627.062, 627.096, 627.919, 943.67,
17	944.10, 944.105, 945.091, 946.515, 957.04, 985.41,
18	1001.64, 1001.74, 1001.75, 1004.45, 1006.56, 1009.971,
19	1013.23, 1013.38, 1013.45, and 1013.46, F.S., to conform
20	cross references throughout the Florida Statutes to the
21	changes made in House Bill 1819; renumbering and amending
22	ss. 287.022, 287.0595, 287.064, 287.0641, 287.0822,
23	287.09431, and 287.09451, F.S., to conform; transferring,
24	renumbering, and amending s. 276.042(1)(c), F.S., as s.
25	287.313, F.S., to conform; transferring, renumbering, and
26	amending s. 287.057(5)(d), F.S., as s. 287.1242, F.S., to
27	conform; transferring, renumbering, and amending s.
28	287.057(8), F.S., as s. 287.44, F.S., to conform;
29	transferring, renumbering, and amending s. 287.057(9),
30	F.S., as s. 287.415, F.S., to conform; transferring,
31	renumbering, and amending s. 287.057(12), F.S., as s.
32	287.46, F.S., to conform; transferring, renumbering, and
33	amending s. 287.057(13), F.S., as s. 287.331, F.S., to
34	conform; designating and titling parts I, II, IV, V, VI,
35	VII, and VIII of chapter 287, F.S.; renumbering ss.
36	283.55, 287.032, 287.0572, 287.0935, 287.059, 287.063,
37	283.425, 283.58, 287.083, 287.0834, 287.082, 287.0822,
38	287.084, 287.087, 287.092, 283.35, 287.0582, 287.05805,
39	287.0931, 287.094, 287.0947, 287.093, 287.134, 287.0585,
40	287.095, 287.115, 287.131, 287.14, 287.15, 287.151,
41	287.155, 287.175, 287.18, 287.19, 287.20, and 287.0821,
42	F.S.; providing a contingent effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Paragraphs (a) and (g) of subsection (2) of
47	section 14.2015, Florida Statutes, are amended to read:
48	14.2015  Office of Tourism, Trade, and Economic
49	Development; creation; powers and duties.--
50	(2)  The purpose of the Office of Tourism, Trade, and
51	Economic Development is to assist the Governor in working with
52	the Legislature, state agencies, business leaders, and economic
53	development professionals to formulate and implement coherent
54	and consistent policies and strategies designed to provide
55	economic opportunities for all Floridians. To accomplish such
56	purposes, the Office of Tourism, Trade, and Economic Development
57	shall:
58	(a)  Contract, notwithstanding the provisions of parts I-
59	VII part I of chapter 287, with the direct-support organization
60	created under s. 288.1229 to guide, stimulate, and promote the
61	sports industry in the state, to promote the participation of
62	Florida's citizens in amateur athletic competition, and to
63	promote Florida as a host for national and international amateur
64	athletic competitions.
65	(g)  Serve as contract administrator for the state with
66	respect to contracts with Enterprise Florida, Inc., the Florida
67	Commission on Tourism, and all direct-support organizations
68	under this act, excluding those relating to tourism. To
69	accomplish the provisions of this act and applicable provisions
70	of chapter 288, and notwithstanding the provisions of parts I-
71	VII part I of chapter 287, the office shall enter into specific
72	contracts with Enterprise Florida, Inc., the Florida Commission
73	on Tourism, and other appropriate direct-support organizations.
74	Such contracts may be multiyear and shall include specific
75	performance measures for each year.
76	Section 2.  Subsection (7) of section 15.18, Florida
77	Statutes, is amended to read:
78	15.18  International and cultural relations.--The Divisions
79	of Cultural Affairs, Historical Resources, and Library and
80	Information Services of the Department of State promote programs
81	having substantial cultural, artistic, and indirect economic
82	significance that emphasize American creativity. The Secretary
83	of State, as the head administrator of these divisions, shall
84	hereafter be known as "Florida's Chief Cultural Officer." As
85	this officer, the Secretary of State is encouraged to initiate
86	and develop relationships between the state and foreign cultural
87	officers, their representatives, and other foreign governmental
88	officials in order to promote Florida as the center of American
89	creativity. The Secretary of State shall coordinate
90	international activities pursuant to this section with
91	Enterprise Florida, Inc., and any other organization the
92	secretary deems appropriate. For the accomplishment of this
93	purpose, the Secretary of State shall have the power and
94	authority to:
95	(7)  Notwithstanding the provisions of parts I-VII part I
96	of chapter 287, promulgate rules for entering into contracts
97	which are primarily for promotional services and events, which
98	may include commodities involving a service. Such rules shall
99	include the authority to negotiate costs with the offerors of
100	such services and commodities who have been determined to be
101	qualified on the basis of technical merit, creative ability, and
102	professional competency. The rules shall only apply to the
103	expenditure of funds donated for promotional services and
104	events. Expenditures of appropriated funds shall be made only in
105	accordance with parts I-VII part I of chapter 287.
106	Section 3.  Paragraph (e) of subsection (4) of section
107	20.23, Florida Statutes, is amended to read:
108	20.23  Department of Transportation.--There is created a
109	Department of Transportation which shall be a decentralized
110	agency.
111	(4)
112	(e)1.  The responsibility for the turnpike system shall be
113	delegated by the secretary to the executive director of the
114	turnpike enterprise, who shall serve at the pleasure of the
115	secretary. The executive director shall report directly to the
116	secretary, and the turnpike enterprise shall operate pursuant to
117	ss. 338.22-338.241.
118	2.  To facilitate the most efficient and effective
119	management of the turnpike enterprise, including the use of best
120	business practices employed by the private sector, the turnpike
121	enterprise, except as provided in s. 287.125 287.055, shall be
122	exempt from departmental policies, procedures, and standards,
123	subject to the secretary having the authority to apply any such
124	policies, procedures, and standards to the turnpike enterprise
125	from time to time as deemed appropriate.
126	Section 4.  Subsection (1) of section 24.113, Florida
127	Statutes, is amended to read:
128	24.113  Minority participation.--
129	(1)  It is the intent of the Legislature that the
130	department encourage participation by minority business
131	enterprises as defined in s. 288.703. Accordingly, 15 percent of
132	the retailers shall be minority business enterprises as defined
133	in s. 288.703(2); however, no more than 35 percent of such
134	retailers shall be owned by the same type of minority person, as
135	defined in s. 288.703(3). The department is encouraged to meet
136	the minority business enterprise procurement goals set forth in
137	s. 287.4471 287.09451 in the procurement of commodities,
138	contractual services, construction, and architectural and
139	engineering services. This section shall not preclude or
140	prohibit a minority person from competing for any other
141	retailing or vending agreement awarded by the department.
142	Section 5.  Paragraph (e) of subsection (1), subsection
143	(3), and paragraph (c) of subsection (4) of section 61.1826,
144	Florida Statutes, are amended to read:
145	61.1826  Procurement of services for State Disbursement
146	Unit and the non-Title IV-D component of the State Case
147	Registry; contracts and cooperative agreements; penalties;
148	withholding payment.--
149	(1)  LEGISLATIVE FINDINGS.--The Legislature finds that the
150	clerks of court play a vital role, as essential participants in
151	the establishment, modification, collection, and enforcement of
152	child support, in securing the health, safety, and welfare of
153	the children of this state. The Legislature further finds and
154	declares that:
155	(e)  The potential loss of substantial federal funds poses
156	a direct and immediate threat to the health, safety, and welfare
157	of the children and citizens of the state and constitutes an
158	emergency for purposes of s. 287.0336 287.057(5)(a).
159
160	For these reasons, the Legislature hereby directs the Department
161	of Revenue, subject to the provisions of subsection (5), to
162	contract with the Florida Association of Court Clerks and each
163	depository to perform duties with respect to the operation and
164	maintenance of a State Disbursement Unit and the non-Title IV-D
165	component of the State Case Registry as further provided by this
166	section.
167	(3)  CONTRACT.--The Florida Association of Court Clerks
168	shall enter into a written contract with the department that
169	fully complies with all federal and state laws within 60 days
170	after the effective date of this section. The contract shall be
171	mutually developed by the department and the Florida Association
172	of Court Clerks. As required by part II of chapter 287 s.
173	287.057 and 45 C.F.R. s. 74.43, any subcontracts entered into by
174	the Florida Association of Court Clerks, except for a contract
175	between the Florida Association of Court Clerks and its totally
176	owned subsidiary corporation, must be procured through
177	competitive bidding.
178	(4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.--The
179	contract between the Florida Association of Court Clerks and the
180	department, and cooperative agreements entered into by the
181	depositories and the department, must contain, but are not
182	limited to, the following terms:
183	(c)  Under s. 287.31 287.058(1)(a), all providers and
184	subcontractors shall submit to the department directly, or
185	through the Florida Association of Court Clerks, a report of
186	monthly expenditures in a format prescribed by the department
187	and in sufficient detail for a proper preaudit and postaudit
188	thereof.
189	If either the department or the Florida Association of
190	Court Clerks objects to a term of the standard cooperative
191	agreement or contract specified in subsections (2) and (3), the
192	disputed term or terms shall be presented jointly by the parties
193	to the Attorney General or the Attorney General's designee, who
194	shall act as special master. The special master shall resolve
195	the dispute in writing within 10 days. The resolution of a
196	dispute by the special master is binding on the department and
197	the Florida Association of Court Clerks.
198	Section 6.  Subsection (2) of section 101.292, Florida
199	Statutes, is amended to read:
200	101.292  Definitions; ss. 101.292-101.295.--As used in ss.
201	101.292-101.295, the following terms shall have the following
202	meanings:
203	(2)  "Voting equipment" means electronic or
204	electromechanical voting systems, voting devices, and automatic
205	tabulating equipment as defined in s. 101.5603, as well as
206	materials, parts, or other equipment necessary for the operation
207	and maintenance of such systems and devices, the individual or
208	combined retail value of which is in excess of the threshold
209	amount for CATEGORY TWO purchases provided in s. 287.028
210	287.017.
211	Section 7.  Subsection (1) of section 101.293, Florida
212	Statutes, is amended to read:
213	101.293  Competitive sealed bids and proposals required.--
214	(1)  Any purchase of voting equipment, the individual or
215	combined retail value of which is in excess of the threshold
216	amount for CATEGORY TWO purchases provided in s. 287.028
217	287.017, by a governing body shall be by means of competitive
218	sealed bids or competitive sealed proposals from at least two
219	bidders, except under the following conditions:
220	(a)  If a majority of the governing body agrees by vote
221	that an emergency situation exists in regard to the purchase of
222	such equipment to the extent that the potential benefits derived
223	from competitive sealed bids or competitive sealed proposals are
224	outweighed by the detrimental effects of a delay in the
225	acquisition of such equipment; or
226	(b)  If a majority of the governing body finds that there
227	is but a single source from which suitable equipment may be
228	obtained.
229	If such conditions are found to exist, the chair of the
230	governing body shall certify to the Division of Elections the
231	situation and conditions requiring an exception to the
232	competitive sealed bidding and competitive sealed proposal
233	requirements of this section. Such certification shall be
234	maintained on file by the division.
235	Section 8.  Paragraphs (a) and (b) of subsection (1) of
236	section 112.3145, Florida Statutes, are amended to read:
237	112.3145  Disclosure of financial interests and clients
238	represented before agencies.--
239	(1)  For purposes of this section, unless the context
240	otherwise requires, the term:
241	(a)  "Local officer" means:
242	1.  Every person who is elected to office in any political
243	subdivision of the state, and every person who is appointed to
244	fill a vacancy for an unexpired term in such an elective office.
245	2.  Any appointed member of any of the following boards,
246	councils, commissions, authorities, or other bodies of any
247	county, municipality, school district, independent special
248	district, or other political subdivision of the state:
249	a.  The governing body of the political subdivision, if
250	appointed;
251	b.  An expressway authority or transportation authority
252	established by general law;
253	c.  A community college or junior college district board of
254	trustees;
255	d.  A board having the power to enforce local code
256	provisions;
257	e.  A planning or zoning board, board of adjustment, board
258	of appeals, or other board having the power to recommend,
259	create, or modify land planning or zoning within the political
260	subdivision, except for citizen advisory committees, technical
261	coordinating committees, and such other groups who only have the
262	power to make recommendations to planning or zoning boards;
263	f.  A pension board or retirement board having the power to
264	invest pension or retirement funds or the power to make a
265	binding determination of one's entitlement to or amount of a
266	pension or other retirement benefit; or
267	g.  Any other appointed member of a local government board
268	who is required to file a statement of financial interests by
269	the appointing authority or the enabling legislation, ordinance,
270	or resolution creating the board.
271	3.  Any person holding one or more of the following
272	positions: mayor; county or city manager; chief administrative
273	employee of a county, municipality, or other political
274	subdivision; county or municipal attorney; chief county or
275	municipal building code inspector; county or municipal water
276	resources coordinator; county or municipal pollution control
277	director; county or municipal environmental control director;
278	county or municipal administrator, with power to grant or deny a
279	land development permit; chief of police; fire chief; municipal
280	clerk; district school superintendent; community college
281	president; district medical examiner; or purchasing agent having
282	the authority to make any purchase exceeding the threshold
283	amount provided for in s. 287.028 287.017 for CATEGORY ONE, on
284	behalf of any political subdivision of the state or any entity
285	thereof.
286	(b)  "Specified state employee" means:
287	1.  Public counsel created by chapter 350, an assistant
288	state attorney, an assistant public defender, a full-time state
289	employee who serves as counsel or assistant counsel to any state
290	agency, the Deputy Chief Judge of Compensation Claims, a judge
291	of compensation claims, an administrative law judge, or a
292	hearing officer.
293	2.  Any person employed in the office of the Governor or in
294	the office of any member of the Cabinet if that person is exempt
295	from the Career Service System, except persons employed in
296	clerical, secretarial, or similar positions.
297	3.  Each appointed secretary, assistant secretary, deputy
298	secretary, executive director, assistant executive director, or
299	deputy executive director of each state department, commission,
300	board, or council; unless otherwise provided, the division
301	director, assistant division director, deputy director, bureau
302	chief, and assistant bureau chief of any state department or
303	division; or any person having the power normally conferred upon
304	such persons, by whatever title.
305	4.  The superintendent or institute director of a state
306	mental health institute established for training and research in
307	the mental health field or the warden or director of any major
308	state institution or facility established for corrections,
309	training, treatment, or rehabilitation.
310	5.  Business managers, purchasing agents having the power
311	to make any purchase exceeding the threshold amount provided for
312	in s. 287.028 287.017 for CATEGORY ONE, finance and accounting
313	directors, personnel officers, or grants coordinators for any
314	state agency.
315	6.  Any person, other than a legislative assistant exempted
316	by the presiding officer of the house by which the legislative
317	assistant is employed, who is employed in the legislative branch
318	of government, except persons employed in maintenance, clerical,
319	secretarial, or similar positions.
320	7.  Each employee of the Commission on Ethics.
321	Section 9.  Paragraph (e) of subsection (1) of section
322	112.3215, Florida Statutes, is amended to read:
323	112.3215  Lobbyists before the executive branch or the
324	Constitution Revision Commission; registration and reporting;
325	investigation by commission.--
326	(1)  For the purposes of this section:
327	(e)  "Lobbyist" means a person who is employed and receives
328	payment, or who contracts for economic consideration, for the
329	purpose of lobbying, or a person who is principally employed for
330	governmental affairs by another person or governmental entity to
331	lobby on behalf of that other person or governmental entity.
332	"Lobbyist" does not include a person who is:
333	1.  An attorney, or any person, who represents a client in
334	a judicial proceeding or in a formal administrative proceeding
335	conducted pursuant to chapter 120 or any other formal hearing
336	before an agency, board, commission, or authority of this state.
337	2.  An employee of an agency or of a legislative or
338	judicial branch entity acting in the normal course of his or her
339	duties.
340	3.  A confidential informant who is providing, or wishes to
341	provide, confidential information to be used for law enforcement
342	purposes.
343	4.  A person who lobbies to procure a contract pursuant to
344	chapter 287 which contract is less than the threshold for
345	CATEGORY ONE as provided in s. 287.028 287.017(1)(a).
346	Section 10.  Paragraph (a) of subsection (1) of section
347	119.07, Florida Statutes, is amended to read:
348	119.07  Inspection, examination, and duplication of
349	records; exemptions.--
350	(1)(a)  Every person who has custody of a public record
351	shall permit the record to be inspected and examined by any
352	person desiring to do so, at any reasonable time, under
353	reasonable conditions, and under supervision by the custodian of
354	the public record or the custodian's designee. The custodian
355	shall furnish a copy or a certified copy of the record upon
356	payment of the fee prescribed by law or, if a fee is not
357	prescribed by law, for duplicated copies of not more than 14
358	inches by 8 1/2 inches, upon payment of not more than 15 cents
359	per one-sided copy, and for all other copies, upon payment of
360	the actual cost of duplication of the record. An agency may
361	charge no more than an additional 5 cents for each two-sided
362	duplicated copy. For purposes of this section, duplicated copies
363	shall mean new copies produced by duplicating, meaning the
364	process of reproducing an image or images from an original to a
365	final substrate through the elecrophotographic, xerographic,
366	laser, or offset process or any combination of these processes,
367	by which an operator can make more than one copy without
368	rehandling the original as defined in s. 283.30. The phrase
369	"actual cost of duplication" means the cost of the material and
370	supplies used to duplicate the record, but it does not include
371	the labor cost or overhead cost associated with such
372	duplication. However, the charge for copies of county maps or
373	aerial photographs supplied by county constitutional officers
374	may also include a reasonable charge for the labor and overhead
375	associated with their duplication. Unless otherwise provided by
376	law, the fees to be charged for duplication of public records
377	shall be collected, deposited, and accounted for in the manner
378	prescribed for other operating funds of the agency. An agency
379	may charge up to $1 per copy for a certified copy of a public
380	record.
381	Section 11.  Paragraph (b) of subsection (15) of section
382	163.01, Florida Statutes, is amended to read:
383	163.01  Florida Interlocal Cooperation Act of 1969.--
384	(15)  Notwithstanding any other provision of this section
385	or of any other law except s. 361.14, any public agency of this
386	state which is an electric utility, or any separate legal entity
387	created pursuant to the provisions of this section, the
388	membership of which consists only of electric utilities, and
389	which exercises or proposes to exercise the powers granted by
390	part II of chapter 361, the Joint Power Act, may exercise any or
391	all of the following powers:
392	(b)1.  In any case in which any such public agency or legal
393	entity, or both, participate in an electric project with any one
394	or more of the following:
395	a.  Any such legal entity;
396	b.  One or more electric utilities;
397	c.  One or more foreign public utilities; or
398	d.  Any other person,
399	and if the right to full possession and to all of the use,
400	services, output, and capacity of any such electric project
401	during the original estimated useful life thereof is vested,
402	subject to creditors' rights, in any one or more of such legal
403	entities, electric utilities, or foreign public utilities, or in
404	any combination thereof, such public agency or legal entity, or
405	both, may enter into an agreement or agreements with respect to
406	such electric project with the other person or persons
407	participating therein, and such legal entity may enter into an
408	agreement or agreements with one or more public agencies who are
409	parties to the interlocal agreement creating such legal entity.
410	Any such agreement may be for such period, including, but not
411	limited to, an unspecified period, and may contain such other
412	terms, conditions, and provisions, consistent with the
413	provisions of this section, as the parties thereto shall
414	determine. In connection with entry into and performance
415	pursuant to any such agreement, with the selection of any person
416	or persons with which any such public agency or legal entity, or
417	both, may enter into any such agreement, and with the selection
418	of any electric project to which such agreement may relate, no
419	such public agency or legal entity shall be required to comply
420	with any general, local, or special statute, including, but not
421	limited to, the provisions of s. 287.125 287.055, or with any
422	charter provision of any public agency, which would otherwise
423	require public bidding, competitive negotiation, or both.
424	2.  Any such agreement may include, but need not be limited
425	to, any or all of the following:
426	a.  Provisions defining what constitutes a default
427	thereunder and providing for the rights and remedies of the
428	parties thereto upon the occurrence of such a default,
429	including, without limitation, the right to discontinue the
430	delivery of products or services to a defaulting party and
431	requirements that the remaining parties not in default who are
432	entitled to receive products or services from the same electric
433	project may be required to pay for and use or otherwise dispose
434	of, on a proportionate or other basis, all or some portion of
435	the products and services which were to be purchased by the
436	defaulting party.
437	b.  Provisions granting one or more of the parties the
438	option to purchase the interest or interests of one or more
439	other parties in the electric project upon such occurrences, and
440	at such times and pursuant to such terms and conditions, as the
441	parties may agree, notwithstanding the limitations on options in
442	the provisions of any law to the contrary.
443	c.  Provisions setting forth restraints on alienation of
444	the interests of the parties in the electric project.
445	d.  Provisions for the planning, design, engineering,
446	licensing, acquisition, construction, completion, management,
447	control, operation, maintenance, repair, renewal, addition,
448	replacement, improvement, modification, insuring,
449	decommissioning, cleanup, retirement, or disposal, or all of the
450	foregoing of such electric project by any one or more of the
451	parties to such agreement, which party or parties may be
452	designated in or pursuant to such agreement as agent or agents
453	on behalf of itself and one or more of the other parties thereto
454	or by such other means as may be determined by the parties
455	thereto.
456	e.  Provisions for a method or methods of determining and
457	allocating among or between the parties the costs of planning,
458	design, engineering, licensing, acquisition, construction,
459	completion, management, control, operation, maintenance, repair,
460	renewal, addition, replacement, improvement, modification,
461	insuring, decommissioning, cleanup, retirement, or disposal, or
462	all of the foregoing with respect to such electric project.
463	f.  Provisions that any such public agency or legal entity,
464	or both, will not rescind, terminate, or amend any contract or
465	agreement relating to such electric project without the consent
466	of one or more persons with which such public agency or legal
467	entity, or both, have entered into an agreement pursuant to this
468	section or without the consent of one or more persons with whom
469	any such public agency or legal entity, or both, have made a
470	covenant or who are third-party beneficiaries of any such
471	covenant.
472	g.  Provisions whereby any such public agency or legal
473	entity, or both, are obligated to pay for the products and
474	services of such electric project and the support of such
475	electric project, including, without limitation, those
476	activities set forth in sub-subparagraph d., without setoff or
477	counterclaim and irrespective of whether such products or
478	services are furnished, made available, or delivered to such
479	public agency or legal entity, or both, or whether any electric
480	project contemplated by such contract or agreement is completed,
481	operable, or operating, and notwithstanding suspension,
482	interruption, interference, reduction, or curtailment of the
483	products and services of such electric project and
484	notwithstanding the quality, or failure, of performance of any
485	one or more of the activities set forth in sub-subparagraph d.
486	with respect to such electric project.
487	h.  Provisions that in the event of the failure or refusal
488	of any such public agency or legal entity, or both, to perform
489	punctually any specified covenant or obligation contained in or
490	undertaken pursuant to any such agreement, any one or more
491	parties to such agreement or any one or more persons who have
492	been designated in such agreement as third-party beneficiaries
493	of such covenant or obligation may enforce the performance of
494	such public agency or legal entity by an action at law or in
495	equity, including, but not limited to, specific performance or
496	mandamus.
497	i.  Provisions obligating any such public agency or legal
498	entity, or both, to indemnify, including, without limitation,
499	indemnification against the imposition or collection of local,
500	state, or federal taxes and interest or penalties related
501	thereto, or payments made in lieu thereof, to hold harmless, or
502	to waive claims or rights for recovery, including claims or
503	rights for recovery based on sole negligence, gross negligence,
504	any other type of negligence, or any other act or omission,
505	intentional or otherwise, against one or more of the other
506	parties to such agreement. Such provisions may define the class
507	or classes of persons for whose acts, intentional or otherwise,
508	a party shall not be responsible; and all of such provisions may
509	be upon such terms and conditions as the parties thereto shall
510	determine.
511	j.  Provisions obligating any such public agency or legal
512	entity, or both, not to dissolve until all principal and
513	interest payments for all bonds and other evidences of
514	indebtedness issued by such public agency or legal entity, or
515	both, have been paid or otherwise provided for and until all
516	contractual obligations and duties of such public agency or
517	legal entity have been fully performed or discharged, or both.
518	k.  Provisions obligating any such public agency or legal
519	entity, or both, to establish, levy, and collect rents, rates,
520	and other charges for the products and services provided by such
521	legal entity or provided by the electric or other integrated
522	utility system of such public agency, which rents, rates, and
523	other charges shall be at least sufficient to meet the operation
524	and maintenance expenses of such electric or integrated utility
525	system; to comply with all covenants pertaining thereto
526	contained in, and all other provisions of, any resolution, trust
527	indenture, or other security agreement relating to any bonds or
528	other evidences of indebtedness issued or to be issued by any
529	such public agency or legal entity; to generate funds sufficient
530	to fulfill the terms of all other contracts and agreements made
531	by such public agency or legal entity, or both; and to pay all
532	other amounts payable from or constituting a lien or charge on
533	the revenues derived from the products and services of such
534	legal entity or constituting a lien or charge on the revenues of
535	the electric or other integrated utility system of such public
536	agency.
537	l.  Provisions obligating such legal entity to enforce the
538	covenants and obligations of each such public agency with which
539	such legal entity has entered into a contract or agreement with
540	respect to such electric project.
541	m.  Provisions obligating such legal entity not to permit
542	any such public agency to withdraw from such legal entity until
543	all contractual obligations and duties of such legal entity and
544	of each such public agency with which it has entered into a
545	contract or agreement with respect to such electric project have
546	been fully performed, discharged, or both.
547	n.  Provisions obligating each such public agency which has
548	entered into a contract or agreement with such legal entity with
549	respect to an electric project not to withdraw from, or cause or
550	participate in the dissolution of, such legal entity until all
551	duties and obligations of such legal entity and of each such
552	public agency arising from all contracts and agreements entered
553	into by such public agency or legal entity, or both, have been
554	fully performed, discharged, or both.
555	o.  Provisions obligating each such public agency which has
556	entered into a contract or agreement with such legal entity or
557	which has entered into a contract or agreement with any other
558	person or persons with respect to such electric project to
559	maintain its electric or other integrated utility system in good
560	repair and operating condition until all duties and obligations
561	of each such public agency and of each such legal entity arising
562	out of all contracts and agreements with respect to such
563	electric project entered into by each such public agency or
564	legal entity, or both, have been fully performed, discharged, or
565	both.
566	3.  All actions taken by an agent designated in accordance
567	with the provisions of any such agreement may, if so provided in
568	the agreement, be made binding upon such public agency or legal
569	entity, or both, without further action or approval by such
570	public agency or legal entity, or both. Any agent or agents
571	designated in any such agreement shall be governed by the laws
572	and rules applicable to such agent as a separate entity and not
573	by any laws or rules which may be applicable to any of the other
574	participating parties and not otherwise applicable to the agent.
575	Section 12.  Section 190.033, Florida Statutes, is amended
576	to read:
577	190.033  Bids required.--
578	(1)  No contract shall be let by the board for any goods,
579	supplies, or materials to be purchased when the amount thereof
580	to be paid by the district shall exceed the amount provided in
581	s. 287.028 287.017 for category four, unless notice of bids
582	shall be advertised once in a newspaper in general circulation
583	in the county and in the district. Any board seeking to
584	construct or improve a public building, structure, or other
585	public works shall comply with the bidding procedures of s.
586	255.20 and other applicable general law. In each case, the bid
587	of the lowest responsive and responsible bidder shall be
588	accepted unless all bids are rejected because the bids are too
589	high, or the board determines it is in the best interests of the
590	district to reject all bids. The board may require the bidders
591	to furnish bond with a responsible surety to be approved by the
592	board. Nothing in this section shall prevent the board from
593	undertaking and performing the construction, operation, and
594	maintenance of any project or facility authorized by this act by
595	the employment of labor, material, and machinery.
596	(2)  The provisions of the Consultants' Competitive
597	Negotiation Act, s. 287.125 287.055, apply to contracts for
598	engineering, architecture, landscape architecture, or registered
599	surveying and mapping services let by the board.
600	(3)  Contracts for maintenance services for any district
601	facility or project shall be subject to competitive bidding
602	requirements when the amount thereof to be paid by the district
603	exceeds the amount provided in s. 287.028 287.017 for category
604	four. The district shall adopt rules, policies, or procedures
605	establishing competitive bidding procedures for maintenance
606	services. Contracts for other services shall not be subject to
607	competitive bidding unless the district adopts a rule, policy,
608	or procedure applying competitive bidding procedures to said
609	contracts.
610	Section 13.  Paragraph (g) of subsection (2) of section
611	215.56005, Florida Statutes, is amended to read:
612	215.56005  Tobacco Settlement Financing Corporation.--
613	(2)  CORPORATION CREATION AND AUTHORITY.--
614	(g)  The corporation shall not be deemed to be a special
615	district for purposes of chapter 189 or a unit of local
616	government for purposes of part III of chapter 218. The
617	provisions of chapter 120, parts I-VII part I of chapter 287,
618	and ss. 215.57-215.83 shall not apply to this section, the
619	corporation created in this section, the purchase agreements
620	entered into pursuant to this section, or bonds issued by the
621	corporation as provided in this section, except that
622	underwriters, financial advisors, and legal counsel shall be
623	selected in a manner consistent with the rules adopted pursuant
624	to the State Bond Act for the selection of service providers and
625	underwriters.
626	Section 14.  Subsections (1) and (3) of section 215.964,
627	Florida Statutes, are amended to read:
628	215.964  Process for acquisition of commodities or services
629	that include the use of card-based technology.--
630	(1)  Whenever any state agency intends to issue a bid,
631	request for proposals, or contract in any manner to acquire
632	commodities or services that include the use of card-based
633	technology and will require the agency to expend more than the
634	threshold amount provided in s. 287.028 287.017 for CATEGORY
635	FIVE, such acquisition documentation must be submitted to the
636	Florida Fiscal Accounting Management Information System
637	Coordinating Council for approval prior to issuance. The Florida
638	Fiscal Accounting Management Information System Coordinating
639	Council shall consider whether the proposed transaction is
640	structured to encourage vendor competition, cooperation among
641	agencies in the use of card-based technology, and other
642	financial terms and conditions that are appropriate with regard
643	to the nature of the card-based technology application being
644	acquired.
645	(3)  An extension or renewal of an existing contract in any
646	manner for commodities or services that include the use of card-
647	based technology and will require the agency to expend more than
648	the threshold amount provided in s. 287.028 287.017 for CATEGORY
649	FIVE, is subject to the provisions of subsection (1).
650	Section 15.  Subsection (4) of section 216.345, Florida
651	Statutes, is amended to read:
652	216.345  Professional or other organization membership
653	dues; payment.--
654	(4)  Payments for membership dues are exempt from the
655	provisions of parts I-VII part I of chapter 287.
656	Section 16.  Subsection (1) of section 255.101, Florida
657	Statutes, is amended to read:
658	255.101  Contracts for public construction works;
659	utilization of minority business enterprises.--
660	(1)  All county officials, boards of county commissioners,
661	school boards, city councils, city commissioners, and all other
662	public officers of state boards or commissions which are charged
663	with the letting of contracts for public works and for the
664	construction of public bridges, buildings, and other structures
665	shall operate in accordance with s. 287.474 287.093, except that
666	all contracts for the construction of state facilities should
667	comply with provisions in s. 287.4471 287.09451, and rules
668	adopted pursuant thereto, for the utilization of minority
669	business enterprises. When construction is financed in whole or
670	in part from federal funds and where federal provisions for
671	utilization of minority business enterprises apply, this section
672	shall not apply.
673	Section 17.  Subsection (4) of section 255.102, Florida
674	Statutes, is amended to read:
675	255.102  Contractor utilization of minority business
676	enterprises.--
677	(4)  Notwithstanding the provisions of s. 287.4471
678	287.09451 to the contrary, agencies shall monitor good faith
679	efforts of contractors in competitively awarded building and
680	construction projects, in accordance with rules established
681	pursuant to this section. It is the responsibility of the
682	contractor to exercise good faith efforts in accordance with
683	rules established pursuant to this section, and to provide
684	documentation necessary to assess efforts to include minority
685	business participation.
686	Section 18.  Paragraph (d) of subsection (1) of section
687	255.20, Florida Statutes, is amended to read:
688	255.20  Local bids and contracts for public construction
689	works; specification of state-produced lumber.--
690	(1)  A county, municipality, special district as defined in
691	chapter 189, or other political subdivision of the state seeking
692	to construct or improve a public building, structure, or other
693	public construction works must competitively award to an
694	appropriately licensed contractor each project that is estimated
695	in accordance with generally accepted cost-accounting principles
696	to have total construction project costs of more than $200,000.
697	For electrical work, local government must competitively award
698	to an appropriately licensed contractor each project that is
699	estimated in accordance with generally accepted cost-accounting
700	principles to have a cost of more than $50,000. As used in this
701	section, the term "competitively award" means to award contracts
702	based on the submission of sealed bids, proposals submitted in
703	response to a request for proposal, proposals submitted in
704	response to a request for qualifications, or proposals submitted
705	for competitive negotiation. This subsection expressly allows
706	contracts for construction management services, design/build
707	contracts, continuation contracts based on unit prices, and any
708	other contract arrangement with a private sector contractor
709	permitted by any applicable municipal or county ordinance, by
710	district resolution, or by state law. For purposes of this
711	section, construction costs include the cost of all labor,
712	except inmate labor, and include the cost of equipment and
713	materials to be used in the construction of the project. Subject
714	to the provisions of subsection (3), the county, municipality,
715	special district, or other political subdivision may establish,
716	by municipal or county ordinance or special district resolution,
717	procedures for conducting the bidding process.
718	(d)1.  If the project is to be awarded based on price, the
719	contract must be awarded to the lowest qualified and responsive
720	bidder in accordance with the applicable county or municipal
721	ordinance or district resolution and in accordance with the
722	applicable contract documents. The county, municipality, or
723	special district may reserve the right to reject all bids and to
724	rebid the project or elect not to proceed with the project. This
725	subsection is not intended to restrict the rights of any local
726	government to reject the low bid of a nonqualified or
727	nonresponsive bidder and to award the contract to any other
728	qualified and responsive bidder in accordance with the standards
729	and procedures of any applicable county or municipal ordinance
730	or any resolution of a special district.
731	2.  If the project uses a request for proposal or a request
732	for qualifications, the request must be publicly advertised and
733	the contract must be awarded in accordance with the applicable
734	local ordinances.
735	3.  If the project is subject to competitive negotiations,
736	the contract must be awarded in accordance with s. 287.125
737	287.055.
738	Section 19.  Paragraph (d) of subsection (2) and subsection
739	(5) of section 255.60, Florida Statutes, are amended to read:
740	255.60  Special contracts with charitable youth
741	organizations.--The state, or the governing body of any
742	political subdivision of the state, is authorized, but not
743	required, to contract for public service work such as highway
744	and park maintenance, notwithstanding competitive sealed bid
745	procedures required under this chapter or chapter 287, upon
746	compliance with this section.
747	(2)  The contract, if approved by authorized agency
748	personnel of the state, or the governing body of a political
749	subdivision, as appropriate, must provide at a minimum that:
750	(d)  The supplier or contractor has instituted a drug-free
751	workplace program substantially in compliance with the
752	provisions of s. 287.1414 287.087.
753	(5)  Nothing in this section shall excuse any person from
754	compliance with ss. 287.561-287.563 287.132-287.134.
755	Section 20.  Subsection (1) of section 257.05, Florida
756	Statutes, is amended to read:
757	257.05  Public documents; delivery to, and distribution by,
758	division.--
759	(1)  The term "public document" as used in this section
760	means any document, report, directory, bibliography, rule,
761	newsletter, pamphlet, brochure, periodical, or other
762	publication, whether in print or nonprint format, that is paid
763	for in whole or in part by funds appropriated by the Legislature
764	and may be subject to distribution to the public; however, the
765	term excludes publications for internal use by an executive
766	agency as defined in s. 283.30. For purposes of this subsection,
767	the term "executive agency" means any official, officer,
768	department, board, commission, division, bureau, section,
769	district, office, authority, committee, or council, or any other
770	unit of organization, however designated, of the executive
771	branch of state government, and the Public Service Commission.
772	Section 21.  Subsection (7) of section 265.284, Florida
773	Statutes, is amended to read:
774	265.284  Chief cultural officer; director of division;
775	powers and duties.--
776	(7)  Notwithstanding any provision of s. 287.124 287.022 or
777	s. 287.025(1)(e), the division may enter into contracts to
778	insure museum collections, artifacts, relics, and fine arts to
779	which it holds title.
780	Section 22.  Subsection (8) of section 267.115, Florida
781	Statutes, is amended to read:
782	267.115  Objects of historical or archaeological
783	value.--The division shall acquire, maintain, preserve,
784	The division shall acquire, maintain, preserve, interpret,
785	exhibit, and make available for study objects which have
786	intrinsic historical or archaeological value relating to the
787	history, government, or culture of the state. Such objects may
788	include tangible personal property of historical or
789	archaeological value. Objects acquired under this section belong
790	to the state, and title to such objects is vested in the
791	division.
792	(8)  Notwithstanding any provision of s. 287.124 287.022 or
793	s. 287.025(1)(e), the division may enter into contracts to
794	insure museum collections, artifacts, relics, and fine arts to
795	which it holds title.
796	Section 23.  Subsection (6) of section 267.173, Florida
797	Statutes, is amended to read:
798	267.173  Historic preservation in West Florida; goals;
799	contracts for historic preservation; powers and duties.--
800	(6)  Notwithstanding the provisions of part II of chapter
801	287 s. 287.057, the University of West Florida or its direct-
802	support organization may enter into contracts or agreements with
803	or without competitive bidding, in its discretion, for the
804	protection or preservation of historic properties.
805	Section 24.  Subsection (2) of section 272.185, Florida
806	Statutes, is amended to read:
807	272.185  Maintenance of Governor's Mansion by Department of
808	Management Services.--
809	(2)  The department shall insure the Governor's Mansion,
810	its contents, and all structures and appurtenances thereto with
811	the State Risk Management Trust Fund as provided in s. 284.01.
812	The department may purchase any necessary insurance either by a
813	primary insurance contract, excess coverage insurance, or
814	reinsurance to cover the contents of the mansion, whether title
815	of the contents is in the state or in any other person or entity
816	not a resident of the mansion, notwithstanding the provision of
817	s. 287.1241 287.025.
818	Section 25.  Subsection (4) of section 273.055, Florida
819	Statutes, is amended to read:
820	273.055  Disposition of state-owned tangible personal
821	property.--
822	(4)  Each custodian shall adopt guidelines or
823	administrative rules and regulations pursuant to chapter 120
824	providing for, but not limited to, transferring, warehousing,
825	bidding, destroying, scrapping, or other disposing of state-
826	owned tangible personal property. However, the approval of the
827	Department of Management Services is required prior to the
828	disposal of motor vehicles, watercraft, or aircraft pursuant to
829	ss. 287.62 287.15 and 287.65 287.16.
830	Section 26.  Section 281.08, Florida Statutes, is amended
831	to read:
832	281.08  Equipment.--The Department of Management Services
833	is specifically authorized to purchase, sell, trade, rent,
834	lease, and maintain all necessary equipment, motor vehicles,
835	communication systems, housing facilities, and office space, and
836	perform any other acts necessary for the proper administration
837	of ss. 281.02-281.08, pursuant to parts I-VII part I of chapter
838	287.
839	Section 27.  Section 284.32, Florida Statutes, is amended
840	to read:
841	284.32  Department of Financial Services to implement and
842	consolidate.--The Department of Financial Services is authorized
843	to effect a consolidation and combination of all insurance
844	coverages provided herein into one insurance program in
845	accordance with the provisions of parts I-VII part I of chapter
846	287.
847	Section 28.  Subsection (1) of section 284.33, Florida
848	Statutes, is amended to read:
849	284.33  Purchase of insurance, reinsurance, and services.--
850	(1)  The Department of Financial Services is authorized to
851	provide insurance, specific excess insurance, and aggregate
852	excess insurance through the Department of Management Services,
853	pursuant to the provisions of parts I-VII part I of chapter 287,
854	as necessary to provide insurance coverages authorized by this
855	part, consistent with market availability. However, the
856	Department of Financial Services may directly purchase annuities
857	by using a structured settlement insurance consulting firm
858	selected by the department to assist in the settlement of claims
859	being handled by the Division of Risk Management. The selection
860	of the structured settlement insurance services consultant shall
861	be made by using competitive sealed proposals. The consulting
862	firm shall act as an agent of record for the department in
863	procuring the best annuity products available to facilitate
864	structured settlement of claims, considering price, insurer
865	financial strength, and the best interests of the state risk
866	management program. Purchase of annuities by the department
867	using a structured settlement method is excepted from
868	competitive sealed bidding or proposal requirements. The
869	Department of Financial Services is further authorized to
870	purchase such risk management services, including, but not
871	limited to, risk and claims control; safety management; and
872	legal, investigative, and adjustment services, as may be
873	required and pay claims. The department may contract with a
874	service organization for such services and advance money to such
875	service organization for deposit in a special checking account
876	for paying claims made against the state under the provisions of
877	this part. The special checking account shall be maintained in
878	this state in a bank or savings association organized under the
879	laws of this state or of the United States. The department may
880	replenish such account as often as necessary upon the
881	presentation by the service organization of documentation for
882	payments of claims equal to the amount of the requested
883	reimbursement.
884	Section 29.  Subsection (1) of section 284.40, Florida
885	Statutes, is amended to read:
886	284.40  Division of Risk Management.--
887	(1)  It shall be the responsibility of the Division of Risk
888	Management of the Department of Financial Services to administer
889	this part and the provisions of s. 287.593 287.131.
890	Section 30.  Section 287.022, Florida Statutes, is
891	renumbered as section 287.124, Florida Statutes, and subsection
892	(1) of said section is amended to read:
893	287.124 287.022  Purchase of insurance.--
894	(1)  Insurance, while not a commodity, nevertheless shall
895	be purchased for all agencies by the department, except that
896	agencies may purchase title insurance for land acquisition and
897	may make emergency purchases of insurance pursuant to s.
898	287.0336 287.057(5)(a). The procedures for purchasing insurance,
899	whether the purchase is made by the department or by the
900	agencies, shall be the same as those set forth herein for the
901	purchase of commodities.
902	Section 31.  Subsection (24) of section 287.057, Florida
903	Statutes, is transferred to section 287.129, Florida Statutes,
904	which is created, and is amended to read:
905	287.129  State strategic information alliances.--
906	(1)(24)(a)  The State Technology Office shall establish, in
907	consultation with the department, state strategic information
908	technology alliances for the acquisition and use of information
909	technology and related material with prequalified contractors or
910	partners to provide the state with efficient, cost-effective,
911	and advanced information technology.
912	(2)(b)  In consultation with and under contract to the
913	State Technology Office, the state strategic information
914	technology alliances shall design, develop, and deploy projects
915	providing the information technology needed to collect, store,
916	and process the state's data and information, provide
917	connectivity, and integrate and standardize computer networks
918	and information systems of the state.
919	(3)(c)  The partners in the state strategic information
920	technology alliances shall be industry leaders with demonstrated
921	experience in the public and private sectors.
922	(4)(d)  The State Technology Office, in consultation with
923	the department, shall adopt rules, pursuant to ss. 120.536(1)
924	and 120.54, to administer the state strategic information
925	technology alliances.
926	Section 32.  Section 287.0595, Florida Statutes, is
927	renumbered as section 287.136, Florida Statutes, and subsection
928	(4) of said section is amended to read:
929	287.136 287.0595  Pollution response action contracts;
930	department rules.--
931	(4)  This section does not apply to contracts which must be
932	negotiated under s. 287.125 287.055.
933	Section 33.  Section 287.064, Florida Statutes, is
934	renumbered as section 287.138, Florida Statutes, and paragraph
935	(c) of subsection (1) of said section is amended to read:
936	287.138 287.064  Consolidated financing of deferred-payment
937	purchases.--
938	(1)  The Division of Bond Finance of the State Board of
939	Administration and the Chief Financial Officer shall plan and
940	coordinate deferred-payment purchases made by or on behalf of
941	the state or its agencies or by or on behalf of state
942	universities or state community colleges participating under
943	this section pursuant to s. 1001.74(5) or s. 1001.64(26),
944	respectively. The Division of Bond Finance shall negotiate and
945	the Chief Financial Officer shall execute agreements and
946	contracts to establish master equipment financing agreements for
947	consolidated financing of deferred-payment, installment sale, or
948	lease purchases with a financial institution or a consortium of
949	financial institutions. As used in this act, the term "deferred-
950	payment" includes installment sale and lease-purchase.
951	(c)  The interest rate component of any master equipment
952	financing agreement shall be deemed to comply with the interest
953	rate limitation imposed in s. 287.137 287.063 so long as the
954	interest rate component of every interagency, state university,
955	or community college agreement entered into under such master
956	equipment financing agreement complies with the interest rate
957	limitation imposed in s. 287.137 287.063. Such interest rate
958	limitation does not apply when the payment obligation under the
959	master equipment financing agreement is rated by a nationally
960	recognized rating service in any one of the three highest
961	classifications, which rating services and classifications are
962	determined pursuant to rules adopted by the Chief Financial
963	Officer.
964	Section 34.  Section 287.0641, Florida Statutes, is
965	renumbered as section 287.1385, Florida Statutes, and amended to
966	read:
967	287.1385 287.0641  Agreement not debt or pledge of faith or
968	credit of state.--No agreement entered into pursuant to s.
969	287.138 287.064 shall establish a debt of the state or shall be
970	a pledge of the faith and credit of the state; nor shall any
971	agreement be a liability or obligation of the state except from
972	appropriated funds. All agreements, however, may be
973	automatically renewable at the end of each fiscal year, subject
974	to sufficient annual appropriations.
975	Section 35.  Section 287.0822, Florida Statutes, is
976	renumbered as section 287.135, Florida Statutes, and subsection
977	(2) of said section is amended to read:
978	287.135 287.0822  Beef and pork; prohibition on purchase;
979	bid specifications; penalty.--
980	(2)  All solicitations for purchase of fresh or frozen
981	meats of any kind by any agency of the state or of any
982	municipality, political subdivision, school district, or special
983	district using state or local funds shall include the words: "
984	'All American' and 'Genuine Florida' meats or meat products
985	shall be granted preference as allowed by Section 287.135
986	287.082, Florida Statutes."
987	Section 36.  Section 287.0943, Florida Statutes, is
988	renumbered as section 287.4461, Florida Statutes, and paragraph
989	(i) of subsection (2), subsection (5), paragraph (a) of
990	subsection (6) and subsection (14) of said section are amended
991	to read:
992	287.4461 287.0943  Certification of minority business
993	enterprises.--
994	(2)
995	(i)  A business that is certified under the provisions of
996	the statewide and interlocal agreement shall be deemed a
997	certified minority enterprise in all jurisdictions or
998	organizations where the agreement is in effect, and that
999	business is deemed available to do business as such within any
1000	such jurisdiction or with any such organization statewide. All
1001	state agencies must accept minority business enterprises
1002	certified in accordance with the statewide and interlocal
1003	agreement of s. 287.447 287.09431, and that business shall also
1004	be deemed a "certified minority business enterprise" as defined
1005	in s. 288.703. However, any governmental jurisdiction or
1006	organization that administers a minority business purchasing
1007	program may reserve the right to establish further certification
1008	procedures necessary to comply with federal law.
1009	(5)(a)  The secretary of the Department of Management
1010	Services shall execute the statewide and interlocal agreement
1011	established under s. 287.447 287.09431 on behalf of the state.
1012	The office shall certify minority business enterprises in
1013	accordance with the laws of this state and, by affidavit, shall
1014	recertify such minority business enterprises not less than once
1015	each year.
1016	(b)  The office shall contract with parties to the
1017	statewide and interlocal agreement to perform onsite visits
1018	associated with state certifications.
1019	(6)(a)  The office shall maintain up-to-date records of all
1020	certified minority business enterprises, as defined in s.
1021	288.703, and of applications for certification that were denied
1022	and shall make this list available to all agencies. The office
1023	shall, for statistical purposes, collect and track subgroupings
1024	of gender and nationality status for each certified minority
1025	business enterprise. Agency spending shall also be tracked for
1026	these subgroups. The records may include information about
1027	minority business enterprises that provide legal services,
1028	auditing services, and health services. Agencies shall use this
1029	list in efforts to meet the minority business enterprise
1030	procurement goals set forth in s. 287.4471 287.09451.
1031	(14)(a)  Except for certification decisions issued by the
1032	Office of Supplier Diversity, an executor to the statewide and
1033	interlocal agreement shall, in accordance with its rules and
1034	procedures:
1035	1.  Give reasonable notice to affected persons or parties
1036	of its decision to deny certification based on failure to meet
1037	eligibility requirements of the statewide and interlocal
1038	agreement of s. 287.447 287.09431, together with a summary of
1039	the grounds therefor.
1040	2.  Give affected persons or parties an opportunity, at a
1041	convenient time and place, to present to the agency written or
1042	oral evidence in opposition to the action or of the executor's
1043	refusal to act.
1044	3.  Give a written explanation of any subsequent decision
1045	of the executor overruling the objections.
1046	(b)  An applicant that is denied minority business
1047	enterprise certification based on failure to meet eligibility
1048	requirements of the statewide and interlocal agreement pursuant
1049	to s. 287.447 287.09431 may not reapply for certification or
1050	recertification until at least 6 months after the date of the
1051	notice of the denial of certification or recertification.
1052	Section 37.  Section 287.09431, Florida Statutes, is
1053	renumbered as section 287.447, Florida Statutes, and is amended
1054	to read:
1055	287.447 287.09431  Statewide and interlocal agreement on
1056	certification of business concerns for the status of minority
1057	business enterprise.--The statewide and interlocal agreement on
1058	certification of business concerns for the status of minority
1059	business enterprise is hereby enacted and entered into with all
1060	jurisdictions or organizations legally joining therein. If,
1061	within 2 years from the date that the certification core
1062	criteria are approved by the Department of Labor and Employment
1063	Security, the agreement included herein is not executed by a
1064	majority of county and municipal governing bodies that
1065	administer a minority business assistance program on the
1066	effective date of this act, then the Legislature shall review
1067	this agreement. It is the intent of the Legislature that if the
1068	agreement is not executed by a majority of the requisite
1069	governing bodies, then a statewide uniform certification process
1070	should be adopted, and that said agreement should be repealed
1071	and replaced by a mandatory state government certification
1072	process.
1073
1074
1075	ARTICLE I
1076
1077
1078	PURPOSE, FINDINGS, AND POLICY.--
1079
1080	(1)  The parties to this agreement, desiring by common
1081	action to establish a uniform certification process in order to
1082	reduce the multiplicity of applications by business concerns to
1083	state and local governmental programs for minority business
1084	assistance, declare that it is the policy of each of them, on
1085	the basis of cooperation with one another, to remedy social and
1086	economic disadvantage suffered by certain groups, resulting in
1087	their being historically underutilized in ownership and control
1088	of commercial enterprises. Thus, the parties seek to address
1089	this history by increasing the participation of the identified
1090	groups in opportunities afforded by government procurement.
1091
1092	(2)  The parties find that the State of Florida presently
1093	certifies firms for participation in the minority business
1094	assistance programs of the state. The parties find further that
1095	some counties, municipalities, school boards, special districts,
1096	and other divisions of local government require a separate, yet
1097	similar, and in most cases redundant certification in order for
1098	businesses to participate in the programs sponsored by each
1099	government entity.
1100
1101	(3)  The parties find further that this redundant
1102	certification has proven to be unduly burdensome to the
1103	minority-owned firms intended to benefit from the underlying
1104	purchasing incentives.
1105
1106	(4)  The parties agree that:
1107
1108	(a)  They will facilitate integrity, stability, and
1109	cooperation in the statewide and interlocal certification
1110	process, and in other elements of programs established to assist
1111	minority-owned businesses.
1112
1113	(b)  They shall cooperate with agencies, organizations, and
1114	associations interested in certification and other elements of
1115	minority business assistance.
1116
1117	(c)  It is the purpose of this agreement to provide for a
1118	uniform process whereby the status of a business concern may be
1119	determined in a singular review of the business information for
1120	these purposes, in order to eliminate any undue expense, delay,
1121	or confusion to the minority-owned businesses in seeking to
1122	participate in the minority business assistance programs of
1123	state and local jurisdictions.
1124
1125
1126	ARTICLE II
1127
1128
1129	DEFINITIONS.--As used in this agreement and contracts made
1130	pursuant to it, unless the context clearly requires otherwise:
1131
1132	(1)  "Awarding organization" means any political
1133	subdivision or organization authorized by law, ordinance, or
1134	agreement to enter into contracts and for which the governing
1135	body has entered into this agreement.
1136
1137	(2)  "Department" means the Department of Labor and
1138	Employment Security.
1139
1140	(3)  "Minority" means a person who is a lawful, permanent
1141	resident of the state, having origins in one of the minority
1142	groups as described and adopted by the Department of Labor and
1143	Employment Security, hereby incorporated by reference.
1144
1145	(4)  "Minority business enterprise" means any small
1146	business concern as defined in subsection (6) that meets all of
1147	the criteria described and adopted by the Department of Labor
1148	and Employment Security, hereby incorporated by reference.
1149
1150	(5)  "Participating state or local organization" means any
1151	political subdivision of the state or organization designated by
1152	such that elects to participate in the certification process
1153	pursuant to this agreement, which has been approved according to
1154	s. 287.4461 287.0943(3) and has legally entered into this
1155	agreement.
1156
1157	(6)  "Small business concern" means an independently owned
1158	and operated business concern which is of a size and type as
1159	described and adopted by vote related to this agreement of the
1160	commission, hereby incorporated by reference.
1161
1162
1163	ARTICLE III
1164
1165
1166	STATEWIDE AND INTERLOCAL CERTIFICATIONS.--
1167
1168	(1)  All awarding organizations shall accept a
1169	certification granted by any participating organization which
1170	has been approved according to s. 287.4461 287.0943(3) and has
1171	entered into this agreement, as valid status of minority
1172	business enterprise.
1173
1174	(2)  A participating organization shall certify a business
1175	concern that meets the definition of minority business
1176	enterprise in this agreement, in accordance with the duly
1177	adopted eligibility criteria.
1178
1179	(3)  All participating organizations shall issue notice of
1180	certification decisions granting or denying certification to all
1181	other participating organizations within 14 days of the
1182	decision. Such notice may be made through electronic media.
1183
1184	(4)  No certification will be granted without an onsite
1185	visit to verify ownership and control of the prospective
1186	minority business enterprise, unless verification can be
1187	accomplished by other methods of adequate verification or
1188	assessment of ownership and control.
1189
1190	(5)  The certification of a minority business enterprise
1191	pursuant to the terms of this agreement shall not be suspended,
1192	revoked, or otherwise impaired except on any grounds which would
1193	be sufficient for revocation or suspension of a certification in
1194	the jurisdiction of the participating organization.
1195
1196	(6)  The certification determination of a party may be
1197	challenged by any other participating organization by the
1198	issuance of a timely written notice by the challenging
1199	organization to the certifying organization's determination
1200	within 10 days of receiving notice of the certification
1201	decision, stating the grounds therefor.
1202
1203	(7)  The sole accepted grounds for challenge shall be the
1204	failure of the certifying organization to adhere to the adopted
1205	criteria or the certifying organization's rules or procedures,
1206	or the perpetuation of a misrepresentation or fraud by the firm.
1207
1208	(8)  The certifying organization shall reexamine its
1209	certification determination and submit written notice to the
1210	applicant and the challenging organization of its findings
1211	within 30 days after the receipt of the notice of challenge.
1212
1213	(9)  If the certification determination is affirmed, the
1214	challenging agency may subsequently submit timely written notice
1215	to the firm of its intent to revoke certification of the firm.
1216
1217
1218	ARTICLE IV
1219
1220
1221	APPROVED AND ACCEPTED PROGRAMS.--Nothing in this agreement
1222	shall be construed to repeal or otherwise modify any ordinance,
1223	law, or regulation of a party relating to the existing minority
1224	business assistance provisions and procedures by which minority
1225	business enterprises participate therein.
1226
1227
1228	ARTICLE V
1229
1230
1231	TERM.--The term of the agreement shall be 5 years, after
1232	which it may be reexecuted by the parties.
1233
1234
1235	ARTICLE VI
1236
1237
1238	AGREEMENT EVALUATION.--The designated state and local
1239	officials may meet from time to time as a group to evaluate
1240	progress under the agreement, to formulate recommendations for
1241	changes, or to propose a new agreement.
1242
1243
1244	ARTICLE VII
1245
1246
1247	OTHER ARRANGEMENTS.--Nothing in this agreement shall be
1248	construed to prevent or inhibit other arrangements or practices
1249	of any party in order to comply with federal law.
1250
1251
1252	ARTICLE VIII
1253
1254
1255	EFFECT AND WITHDRAWAL.--
1256
1257	(1)  This agreement shall become effective when properly
1258	executed by a legal representative of the participating
1259	organization, when enacted into the law of the state and after
1260	an ordinance or other legislation is enacted into law by the
1261	governing body of each participating organization. Thereafter it
1262	shall become effective as to any participating organization upon
1263	the enactment of this agreement by the governing body of that
1264	organization.
1265
1266	(2)  Any party may withdraw from this agreement by enacting
1267	legislation repealing the same, but no such withdrawal shall
1268	take effect until one year after the governing body of the
1269	withdrawing party has given notice in writing of the withdrawal
1270	to the other parties.
1271
1272	(3)  No withdrawal shall relieve the withdrawing party of
1273	any obligations imposed upon it by law.
1274
1275
1276	ARTICLE IX
1277
1278
1279	FINANCIAL RESPONSIBILITY.--
1280
1281	(1)  A participating organization shall not be financially
1282	responsible or liable for the obligations of any other
1283	participating organization related to this agreement.
1284
1285	(2)  The provisions of this agreement shall constitute
1286	neither a waiver of any governmental immunity under Florida law
1287	nor a waiver of any defenses of the parties under Florida law.
1288	The provisions of this agreement are solely for the benefit of
1289	its executors and not intended to create or grant any rights,
1290	contractual or otherwise, to any person or entity.
1291
1292
1293	ARTICLE X
1294
1295
1296	VENUE AND GOVERNING LAW.--The obligations of the parties to
1297	this agreement are performable only within the county where the
1298	participating organization is located, and statewide for the
1299	Office of Supplier Diversity, and venue for any legal action in
1300	connection with this agreement shall lie, for any participating
1301	organization except the Office of Supplier Diversity,
1302	exclusively in the county where the participating organization
1303	is located. This agreement shall be governed by and construed in
1304	accordance with the laws and court decisions of the state.
1305
1306
1307	ARTICLE XI
1308
1309
1310	CONSTRUCTION AND SEVERABILITY.--This agreement shall be
1311	liberally construed so as to effectuate the purposes thereof.
1312	The provisions of this agreement shall be severable and if any
1313	phrase, clause, sentence, or provision of this agreement is
1314	declared to be contrary to the State Constitution or the United
1315	States Constitution, or the application thereof to any
1316	government, agency, person, or circumstance is held invalid, the
1317	validity of the remainder of this agreement and the
1318	applicability thereof to any government, agency, person, or
1319	circumstance shall not be affected thereby. If this agreement
1320	shall be held contrary to the State Constitution, the agreement
1321	shall remain in full force and effect as to all severable
1322	matters.
1323	Section 38.  Section 287.09451, Florida Statutes, is
1324	renumbered as section 287.4471, Florida Statutes, and paragraphs
1325	(b), (c), (h), (m), and (o) of subsection (4) and paragraph (a)
1326	of subsection (5) of said section are amended to read:
1327	287.4471 287.09451  Office of Supplier Diversity; powers,
1328	duties, and functions.--
1329	(4)  The Office of Supplier Diversity shall have the
1330	following powers, duties, and functions:
1331	(b)  To adopt rules to determine what constitutes a "good
1332	faith effort" for purposes of contractor compliance with
1333	contractual requirements relating to the use of services or
1334	commodities of a minority business enterprise under s.
1335	287.446(2) 287.094(2). Factors which shall be considered by the
1336	Office of Supplier Diversity in determining whether a contractor
1337	has made good faith efforts shall include, but not be limited
1338	to:
1339	1.  Whether the contractor attended any presolicitation or
1340	prebid meetings that were scheduled by the agency to inform
1341	minority business enterprises of contracting and subcontracting
1342	opportunities.
1343	2.  Whether the contractor advertised in general
1344	circulation, trade association, or minority-focus media
1345	concerning the subcontracting opportunities.
1346	3.  Whether the contractor provided written notice to a
1347	reasonable number of specific minority business enterprises that
1348	their interest in the contract was being solicited in sufficient
1349	time to allow the minority business enterprises to participate
1350	effectively.
1351	4.  Whether the contractor followed up initial
1352	solicitations of interest by contacting minority business
1353	enterprises or minority persons to determine with certainty
1354	whether the minority business enterprises or minority persons
1355	were interested.
1356	5.  Whether the contractor selected portions of the work to
1357	be performed by minority business enterprises in order to
1358	increase the likelihood of meeting the minority business
1359	enterprise procurement goals, including, where appropriate,
1360	breaking down contracts into economically feasible units to
1361	facilitate minority business enterprise participation.
1362	6.  Whether the contractor provided interested minority
1363	business enterprises or minority persons with adequate
1364	information about the plans, specifications, and requirements of
1365	the contract or the availability of jobs.
1366	7.  Whether the contractor negotiated in good faith with
1367	interested minority business enterprises or minority persons,
1368	not rejecting minority business enterprises or minority persons
1369	as unqualified without sound reasons based on a thorough
1370	investigation of their capabilities.
1371	8.  Whether the contractor effectively used the services of
1372	available minority community organizations; minority
1373	contractors' groups; local, state, and federal minority business
1374	assistance offices; and other organizations that provide
1375	assistance in the recruitment and placement of minority business
1376	enterprises or minority persons.
1377	(c)  To adopt rules and do all things necessary or
1378	convenient to guide all state agencies toward making
1379	expenditures for commodities, contractual services,
1380	construction, and architectural and engineering services with
1381	certified minority business enterprises in accordance with the
1382	minority business enterprise procurement goals set forth in part
1383	VI s. 287.042.
1384	(h)  To develop procedures to investigate complaints
1385	against minority business enterprises or contractors alleged to
1386	violate any provision related to this section or s. 287.4461
1387	287.0943, that may include visits to worksites or business
1388	premises, and to refer all information on businesses suspected
1389	of misrepresenting minority status to the Department of
1390	Management Services for investigation. When an investigation is
1391	completed and there is reason to believe that a violation has
1392	occurred, the Department of Labor and Employment Security shall
1393	refer the matter to the office of the Attorney General,
1394	Department of Legal Affairs, for prosecution.
1395	(m)  To certify minority business enterprises, as defined
1396	in s. 288.703, and as specified in ss. 287.4461 287.0943 and
1397	287.447 287.09431, and shall recertify such minority businesses
1398	not less than once a year. Minority business enterprises must be
1399	recertified annually by affidavit.
1400	(o)1.  To establish a system to record and measure the use
1401	of certified minority business enterprises in state contracting.
1402	This system shall maintain information and statistics on
1403	certified minority business enterprise participation, awards,
1404	dollar volume of expenditures and agency goals, and other
1405	appropriate types of information to analyze progress in the
1406	access of certified minority business enterprises to state
1407	contracts and to monitor agency compliance with this section.
1408	Such reporting must include, but is not limited to, the
1409	identification of all subcontracts in state contracting by
1410	dollar amount and by number of subcontracts and the
1411	identification of the utilization of certified minority business
1412	enterprises as prime contractors and subcontractors by dollar
1413	amounts of contracts and subcontracts, number of contracts and
1414	subcontracts, minority status, industry, and any conditions or
1415	circumstances that significantly affected the performance of
1416	subcontractors. Agencies shall report their compliance with the
1417	requirements of this reporting system at least annually and at
1418	the request of the office. All agencies shall cooperate with the
1419	office in establishing this reporting system. Except in
1420	construction contracting, all agencies shall review contracts
1421	costing in excess of CATEGORY FOUR as defined in s. 287.028
1422	287.017 to determine if such contracts could be divided into
1423	smaller contracts to be separately solicited and awarded, and
1424	shall, when economical, offer such smaller contracts to
1425	encourage minority participation.
1426	2.  To report agency compliance with the provisions of
1427	subparagraph 1. for the preceding fiscal year to the Governor
1428	and Cabinet, the President of the Senate, the Speaker of the
1429	House of Representatives, and the secretary of the Department of
1430	Labor and Employment Security on or before February 1 of each
1431	year. The report must contain, at a minimum, the following:
1432	a.  Total expenditures of each agency by industry.
1433	b.  The dollar amount and percentage of contracts awarded
1434	to certified minority business enterprises by each state agency.
1435	c.  The dollar amount and percentage of contracts awarded
1436	indirectly to certified minority business enterprises as
1437	subcontractors by each state agency.
1438	d.  The total dollar amount and percentage of contracts
1439	awarded to certified minority business enterprises, whether
1440	directly or indirectly, as subcontractors.
1441	e.  A statement and assessment of good faith efforts taken
1442	by each state agency.
1443	f.  A status report of agency compliance with subsection
1444	(6), as determined by the Minority Business Enterprise Office.
1445	(5)(a)  Each agency shall, at the time the specifications
1446	or designs are developed or contract sizing is determined for
1447	any proposed procurement costing in excess of CATEGORY FOUR, as
1448	defined in s. 287.028 287.017, forward a notice to the Office of
1449	Supplier Diversity of the proposed procurement and any
1450	determination on the designs of specifications of the proposed
1451	procurement that impose requirements on prospective vendors, no
1452	later than 30 days prior to the issuance of a solicitation,
1453	except that this provision shall not apply to emergency
1454	acquisitions. The 30-day notice period shall not toll the time
1455	for any other procedural requirements.
1456	Section 39.  Paragraph (c) of subsection (1) of section
1457	276.042, Florida Statutes, is transferred to section 287.313,
1458	Florida Statutes, which is created, and amended to read:
1459	287.313  Limitation of vendor liability.--
1460	(c)  In order to promote cost-effective procurement of
1461	commodities and contractual services, the department or an
1462	agency may enter into contracts that limit the liability of a
1463	vendor consistent with s. 672.719.
1464	Section 40.  Paragraph (d) of subsection (5) of section
1465	287.057, Florida Statutes, is transferred to section 287.1242,
1466	Florida Statutes, which is created, and amended to read:
1467	287.1242  Purchase of insurance by negotiation.--
1468	(d)  When it is in the best interest of the state, the
1469	secretary of the department or his or her designee may authorize
1470	the Support Program to purchase insurance by negotiation, but
1471	such purchase shall be made only under conditions most favorable
1472	to the public interest.
1473	Section 41.  Subsection (8) of section 287.057, Florida
1474	Statutes, is transferred to section 287.44, Florida Statutes,
1475	which is created, and amended to read:
1476	287.44  Minority business enterprises.--
1477	(1)(8)(a)  In order to strive to meet the minority business
1478	enterprise procurement goals set forth in s. 287.4471 287.09451,
1479	an agency may reserve any contract for competitive solicitation
1480	only among certified minority business enterprises. Agencies
1481	shall review all their contracts each fiscal year and shall
1482	determine which contracts may be reserved for solicitation only
1483	among certified minority business enterprises. This reservation
1484	may only be used when it is determined, by reasonable and
1485	objective means, before the solicitation that there are capable,
1486	qualified certified minority business enterprises available to
1487	submit a bid, proposal, or reply on a contract to provide for
1488	effective competition. The Office of Supplier Diversity shall
1489	consult with any agency in reaching such determination when
1490	deemed appropriate.
1491	(2)(b)  Before a contract may be reserved for solicitation
1492	only among certified minority business enterprises, the agency
1493	head must find that such a reservation is in the best interests
1494	of the state. All determinations shall be subject to s.
1495	287.4471(5) 287.09451(5). Once a decision has been made to
1496	reserve a contract, but before sealed bids, proposals, or
1497	replies are requested, the agency shall estimate what it expects
1498	the amount of the contract to be, based on the nature of the
1499	services or commodities involved and their value under
1500	prevailing market conditions. If all the sealed bids, proposals,
1501	or replies received are over this estimate, the agency may
1502	reject the bids, proposals, or replies and request new ones from
1503	certified minority business enterprises, or the agency may
1504	reject the bids, proposals, or replies and reopen the bidding to
1505	all eligible vendors.
1506	(3)(c)  All agencies shall consider the use of price
1507	preferences of up to 10 percent, weighted preference formulas,
1508	or other preferences for vendors as determined appropriate
1509	pursuant to guidelines established in accordance with s.
1510	287.4471(4) 287.09451(4) to increase the participation of
1511	minority business enterprises.
1512	(4)(d)  All agencies shall avoid any undue concentration of
1513	contracts or purchases in categories of commodities or
1514	contractual services in order to meet the minority business
1515	enterprise purchasing goals in s. 287.4471 287.09451.
1516	Section 42.  Subsection (9) of section 287.057, Florida
1517	Statutes, is transferred to section 287.451, Florida Statutes,
1518	which is created to read:
1519	287.451  Reserved contracts for competitive solicitation.--
1520	(9)  An agency may reserve any contract for competitive
1521	solicitation only among vendors who agree to use certified
1522	minority business enterprises as subcontractors or subvendors.
1523	The percentage of funds, in terms of gross contract amount and
1524	revenues, which must be expended with the certified minority
1525	business enterprise subcontractors and subvendors shall be
1526	determined by the agency before such contracts may be reserved.
1527	In order to bid on a contract so reserved, the vendor shall
1528	identify those certified minority business enterprises which
1529	will be utilized as subcontractors or subvendors by sworn
1530	statement. At the time of performance or project completion, the
1531	contractor shall report by sworn statement the payments and
1532	completion of work for all certified minority business
1533	enterprises used in the contract.
1534	Section 43.  Subsection (12) of section 287.057, Florida
1535	Statutes, is transferred to section 287.46, Florida Statutes,
1536	which is created to read:
1537	287.46  Equal response decisions.--
1538	(12)  If two equal responses to a solicitation or a request
1539	for quote are received and one response is from a certified
1540	minority business enterprise, the agency shall enter into a
1541	contract with the certified minority business enterprise.
1542	Section 44.  Subsection (13) of section 276.057, Florida
1543	Statutes, is transferred to section 287.331, Florida Statutes,
1544	which is created, and amended to read:
1545	287.331  Contract extension.--
1546	(13)  Extension of a contract for contractual services
1547	shall be in writing for a period not to exceed 6 months and
1548	shall be subject to the same terms and conditions set forth in
1549	the initial contract. There shall be only one extension of a
1550	contract unless the failure to meet the criteria set forth in
1551	the contract for completion of the contract is due to events
1552	beyond the control of the contractor.
1553	Section 45.  Subsection (4) of section 288.012, Florida
1554	Statutes, is amended to read:
1555	288.012  State of Florida foreign offices.--The Legislature
1556	finds that the expansion of international trade and tourism is
1557	vital to the overall health and growth of the economy of this
1558	state. This expansion is hampered by the lack of technical and
1559	business assistance, financial assistance, and information
1560	services for businesses in this state. The Legislature finds
1561	that these businesses could be assisted by providing these
1562	services at State of Florida foreign offices. The Legislature
1563	further finds that the accessibility and provision of services
1564	at these offices can be enhanced through cooperative agreements
1565	or strategic alliances between state entities, local entities,
1566	foreign entities, and private businesses.
1567	(4)  The Office of Tourism, Trade, and Economic
1568	Development, in connection with the establishment, operation,
1569	and management of any of its offices located in a foreign
1570	country, is exempt from the provisions of ss. 255.21, 255.25,
1571	and 255.254 relating to leasing of buildings; ss. 283.33 and
1572	283.35 relating to bids for printing; ss. 287.001-287.69
1573	287.001-287.20 relating to purchasing and motor vehicles; and
1574	ss. 282.003-282.111 relating to communications, and from all
1575	statutory provisions relating to state employment.
1576	(a)  The Office of Tourism, Trade, and Economic Development
1577	may exercise such exemptions only upon prior approval of the
1578	Governor.
1579	(b)  If approval for an exemption under this section is
1580	granted as an integral part of a plan of operation for a
1581	specified foreign office, such action shall constitute
1582	continuing authority for the Office of Tourism, Trade, and
1583	Economic Development to exercise the exemption, but only in the
1584	context and upon the terms originally granted. Any modification
1585	of the approved plan of operation with respect to an exemption
1586	contained therein must be resubmitted to the Governor for his or
1587	her approval. An approval granted to exercise an exemption in
1588	any other context shall be restricted to the specific instance
1589	for which the exemption is to be exercised.
1590	(c)  As used in this subsection, the term "plan of
1591	operation" means the plan developed pursuant to subsection (2).
1592	(d)  Upon final action by the Governor with respect to a
1593	request to exercise the exemption authorized in this subsection,
1594	the Office of Tourism, Trade, and Economic Development shall
1595	report such action, along with the original request and any
1596	modifications thereto, to the President of the Senate and the
1597	Speaker of the House of Representatives within 30 days.
1598	Section 46.  Subsection (1) of section 288.1167, Florida
1599	Statutes, is amended to read:
1600	288.1167  Sports franchise contract provisions for food and
1601	beverage concession and contract awards to minority business
1602	enterprises.--Any applicant who receives funding pursuant to the
1603	provisions of s. 212.20 must demonstrate that:
1604	(1)  Funds and facilities with respect to food and beverage
1605	and related concessions shall be awarded to minority business
1606	enterprises as defined in s. 288.703 on the same terms and
1607	conditions as the general food and beverage concessionaire and
1608	in accordance with the minority business enterprise procurement
1609	goals set forth in s. 287.4471 287.09451;
1610	Section 47.  Paragraph (b) of subsection (9) of section
1611	288.1224, Florida Statutes, is amended to read:
1612	288.1224  Powers and duties.--The commission:
1613	(9)  Is authorized to establish and operate tourism offices
1614	in foreign countries in the execution of its responsibilities
1615	for promoting the development of tourism. To facilitate the
1616	performance of these responsibilities, the commission is
1617	authorized to contract with the commission's direct-support
1618	organization to establish and administer such offices. Where
1619	feasible, appropriate, and recommended by the 4-year marketing
1620	plan, the commission may collocate the programs of foreign
1621	tourism offices in cooperation with any foreign office operated
1622	by any agency of this state.
1623	(b)  The Florida Commission on Tourism, or its direct-
1624	support organization, in connection with the establishment,
1625	operation, and management of any of its tourism offices located
1626	in a foreign country, is exempt from the provisions of ss.
1627	255.21, 255.25, and 255.254 relating to leasing of buildings;
1628	ss. 283.33 and 283.35 relating to bids for printing; ss.
1629	287.001-287.69 287.001-287.20 relating to purchasing and motor
1630	vehicles; and ss. 282.003-282.111 relating to communications,
1631	and from all statutory provisions relating to state employment,
1632	if the laws, administrative code, or business practices or
1633	customs of the foreign country, or political or administrative
1634	subdivision thereof, in which such office is located are in
1635	conflict with these provisions.
1636	Section 48.  Paragraph (d) of subsection (2) of section
1637	288.1226, Florida Statutes, is amended to read:
1638	288.1226  Florida Tourism Industry Marketing Corporation;
1639	use of property; board of directors; duties; audit.--
1640	(2)  ESTABLISHMENT.--The Florida Commission on Tourism
1641	shall establish, no later than July 31, 1996, the Florida
1642	Tourism Industry Marketing Corporation as a direct-support
1643	organization:
1644	(d)  Which shall not be considered an agency for the
1645	purposes of chapters 120, 216, and 287; ss. 255.21, 255.25, and
1646	255.254, relating to leasing of buildings; ss. 283.33 and
1647	283.35, relating to bids for printing; s. 215.31; and parts I,
1648	II, and IV-VIII of chapter 112.
1649	Section 49.  Subsection (4) of section 288.703, Florida
1650	Statutes, is amended to read:
1651	288.703  Definitions.--As used in this act, the following
1652	words and terms shall have the following meanings unless the
1653	content shall indicate another meaning or intent:
1654	(4)  "Certified minority business enterprise" means a
1655	business which has been certified by the certifying organization
1656	or jurisdiction in accordance with s. 287.4461(1) and (2)
1657	287.0943(1) and (2).
1658	Section 50.  Subsection (12) of section 311.09, Florida
1659	Statutes, is amended to read:
1660	311.09  Florida Seaport Transportation and Economic
1661	Development Council.--
1662	(12)  Members of the council shall serve without
1663	compensation but are entitled to receive reimbursement for per
1664	diem and travel expenses as provided in s. 112.061. The council
1665	may elect to provide an administrative staff to provide services
1666	to the council on matters relating to the Florida Seaport
1667	Transportation and Economic Development Program and the council.
1668	The cost for such administrative services shall be paid by all
1669	ports that receive funding from the Florida Seaport
1670	Transportation and Economic Development Program, based upon a
1671	pro rata formula measured by each recipient's share of the funds
1672	as compared to the total funds disbursed to all recipients
1673	during the year. The share of costs for administrative services
1674	shall be paid in its total amount by the recipient port upon
1675	execution by the port and the Department of Transportation of a
1676	joint participation agreement for each council-approved project,
1677	and such payment is in addition to the matching funds required
1678	to be paid by the recipient port. Except as otherwise exempted
1679	by law, all moneys derived from the Florida Seaport
1680	Transportation and Economic Development Program shall be
1681	expended in accordance with the provisions of part II of chapter
1682	287 s. 287.057. Seaports subject to competitive negotiation
1683	requirements of a local governing body shall abide by the
1684	provisions of s. 287.125 287.055.
1685	Section 51.  Section 321.02, Florida Statutes, is amended
1686	to read:
1687	321.02  Powers and duties of department, highway
1688	patrol.--The director of the Division of Highway Patrol of the
1689	The director of the Division of Highway Patrol of the Department
1690	of Highway Safety and Motor Vehicles shall also be the commander
1691	of the Florida Highway Patrol. The said department shall set up
1692	and promulgate rules and regulations by which the personnel of
1693	the Florida Highway Patrol officers shall be examined, employed,
1694	trained, located, suspended, reduced in rank, discharged,
1695	recruited, paid and pensioned, subject to civil service
1696	provisions hereafter set out. The department may enter into
1697	contracts or agreements, with or without competitive bidding or
1698	procurement, to make available, on a fair, reasonable,
1699	nonexclusive, and nondiscriminatory basis, property and other
1700	structures under division control for the placement of new
1701	facilities by any wireless provider of mobile service as defined
1702	in 47 U.S.C. s. 153(n) or s. 332(d), and any telecommunications
1703	company as defined in s. 364.02 when it is determined to be
1704	practical and feasible to make such property or other structures
1705	available. The department may, without adopting a rule, charge a
1706	just, reasonable, and nondiscriminatory fee for placement of the
1707	facilities, payable annually, based on the fair market value of
1708	space used by comparable communications facilities in the state.
1709	The department and a wireless provider or telecommunications
1710	company may negotiate the reduction or elimination of a fee in
1711	consideration of services provided to the division by the
1712	wireless provider or the telecommunications company. All such
1713	fees collected by the department shall be deposited directly
1714	into the State Agency Law Enforcement Radio System Trust Fund,
1715	and may be used to construct, maintain, or support the system.
1716	The department is further specifically authorized to purchase,
1717	sell, trade, rent, lease and maintain all necessary equipment,
1718	uniforms, motor vehicles, communication systems, housing
1719	facilities, office space, and perform any other acts necessary
1720	for the proper administration and enforcement of this chapter.
1721	However, all supplies and equipment consisting of single items
1722	or in lots shall be purchased under the requirements of part II
1723	of chapter 287 s. 287.057. Purchases shall be made by accepting
1724	the bid of the lowest responsive bidder, the right being
1725	reserved to reject all bids. The department shall prescribe a
1726	distinctive uniform and distinctive emblem to be worn by all
1727	officers of the Florida Highway Patrol. It shall be unlawful for
1728	any other person or persons to wear a similar uniform or emblem,
1729	or any part or parts thereof. The department shall also
1730	prescribe distinctive colors for use on motor vehicles and
1731	motorcycles operated by the Florida Highway Patrol. The
1732	prescribed colors shall be referred to as "Florida Highway
1733	Patrol black and tan."
1734	Section 52.  Subsection (10) of section 332.14, Florida
1735	Statutes, is amended to read:
1736	332.14  Secure Airports for Florida's Economy Council.--
1737	(10)  Except as otherwise exempted by law, all moneys
1738	derived from the SAFE programs shall be expended in accordance
1739	with the provisions of part II of chapter 287 s. 287.057.
1740	Airports subject to competitive negotiation requirements of a
1741	local governing body are exempt from this requirement.
1742	Section 53.  Subsection (1) of section 337.02, Florida
1743	Statutes, is amended to read:
1744	337.02  Purchases by department subject to competitive
1745	bids; advertisement; emergency purchases; bid specifications.--
1746	(1)  Except as provided herein, purchase by the Department
1747	of Transportation of commodities, including the advertising and
1748	awarding of competitive bids, shall be governed by chapters 283
1749	and 287 and rules adopted by the Department of Management
1750	Services pursuant thereto. However, the provisions of part II of
1751	chapter 287 s. 287.057 notwithstanding, the department may
1752	purchase parts and repairs valued at up to the threshold amount
1753	provided in s. 287.028 287.017 for CATEGORY TWO for the repair
1754	of mobile road maintenance equipment, marine vessels, permanent
1755	vehicle scales, and mechanical and electrical equipment for
1756	movable bridges, toll facilities including the Florida Turnpike,
1757	and up to the threshold amount provided in s. 287.028 287.017
1758	for CATEGORY THREE for treatment plants and lift stations for
1759	water and sewage, and major heating and cooling systems without
1760	receiving competitive bids.
1761	Section 54.  Subsections (2) and (3) of section 337.105,
1762	Florida Statutes, are amended to read:
1763	337.105  Qualifications of professional consultants and
1764	other providers of contractual services; performance bonds; and
1765	audits of indirect costs.--
1766	(2)  For any contractual service, except a contractual
1767	service provided to the department under s. 287.125 287.055, the
1768	department may require a performance bond equal to the full
1769	contract value if such requirement is deemed to be in the best
1770	interest of the state.
1771	(3)  The department may require providers of professional
1772	services acquired under s. 287.125 287.055 to submit annual
1773	audits of their indirect costs performed in accordance with
1774	department guidelines. The department may establish limits on
1775	the indirect cost rates it will accept.
1776	Section 55.  Section 337.107, Florida Statutes, is amended
1777	to read:
1778	337.107  Contracts for right-of-way services.--The
1779	department may enter into contracts pursuant to s. 287.125
1780	287.055 for right-of-way services on transportation corridors
1781	and transportation facilities. Right-of-way services include
1782	negotiation and acquisition services, appraisal services,
1783	demolition and removal of improvements, and asbestos-abatement
1784	services.
1785	Section 56.  Section 337.1075, Florida Statutes, is amended
1786	to read:
1787	337.1075  Contracts for planning services.--The department
1788	may enter into contracts pursuant to s. 287.125 287.055 for
1789	professional transportation-related planning services to be
1790	provided by planners certified by the American Institute of
1791	Certified Planners.
1792	Section 57.  Subsection (7) of section 337.14, Florida
1793	Statutes, is amended to read:
1794	337.14  Application for qualification; certificate of
1795	qualification; restrictions; request for hearing.--
1796	(7)  No "contractor" as defined in s. 337.165(1)(d) or his
1797	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
1798	the department under this section may also qualify under s.
1799	287.125 287.055 or s. 337.105 to provide testing services,
1800	construction, engineering, and inspection services to the
1801	department. This limitation shall not apply to any design-build
1802	prequalification under s. 337.11(7).
1803	Section 58.  Paragraph (p) of subsection (3) of section
1804	343.54, Florida Statutes, is amended to read:
1805	343.54  Powers and duties.--
1806	(3)  The authority may exercise all powers necessary,
1807	appurtenant, convenient, or incidental to the carrying out of
1808	the aforesaid purposes, including, but not limited to, the
1809	following rights and powers:
1810	(p)  To purchase by directly contracting with local,
1811	national, or international insurance companies to provide
1812	liability insurance which the authority is contractually and
1813	legally obligated to provide, the requirements of s. 287.124(1)
1814	287.022(1), notwithstanding.
1815	Section 59.  Paragraph (p) of subsection (2) of section
1816	343.64, Florida Statutes, is amended to read:
1817	343.64  Powers and duties.--
1818	(2)  The authority may exercise all powers necessary,
1819	appurtenant, convenient, or incidental to the carrying out of
1820	the aforesaid purposes, including, but not limited to, the
1821	following rights and powers:
1822	(p)  To purchase directly from local, national, or
1823	international insurance companies liability insurance which the
1824	authority is contractually and legally obligated to provide, the
1825	requirements of s. 287.124(1) 287.022(1) notwithstanding.
1826	Section 60.  Paragraph (p) of subsection (2) of section
1827	343.74, Florida Statutes, is amended to read:
1828	343.74  Powers and duties.--
1829	(2)  The authority may exercise all powers necessary,
1830	appurtenant, convenient, or incidental to the carrying out of
1831	the aforesaid purposes, including, but not limited to, the
1832	following rights and powers:
1833	(p)  To purchase directly from local, national, or
1834	international insurance companies liability insurance that the
1835	authority is contractually and legally obligated to provide, the
1836	requirements of s. 287.124(1) 287.022(1) notwithstanding.
1837	Section 61.  Subsection (7) of section 372.0222, Florida
1838	Statutes, is amended to read:
1839	372.0222  Private publication agreements; advertising;
1840	costs of production.--
1841	(7)  Notwithstanding the provisions of parts I-VII part I
1842	of chapter 287, the commission may adopt rules for the purpose
1843	of entering into contracts that are primarily for promotional
1844	and advertising services and promotional events which may
1845	include the authority to negotiate costs with offerors of such
1846	services and commodities who have been determined to be
1847	qualified on the basis of technical merit, creative ability, and
1848	professional competency.
1849	Section 62.  Paragraphs (a) and (c) of subsection (2) of
1850	section 376.30711, Florida Statutes, are amended to read:
1851	376.30711  Preapproved site rehabilitation, effective March
1852	29, 1995.--
1853	(2)(a)  Competitive bidding pursuant to this section shall
1854	not be subject to the requirements of s. 287.125 287.055. The
1855	department is authorized to use competitive bid procedures or
1856	negotiated contracts for preapproving all costs and
1857	rehabilitation procedures for site-specific rehabilitation
1858	projects through performance-based contracts. Site
1859	rehabilitation shall be conducted according to the priority
1860	ranking order established pursuant to s. 376.3071(5).
1861	(c)  The contractor shall certify to the department that
1862	such contractor:
1863	1.  Complies with applicable OSHA regulations.
1864	2.  Maintains workers' compensation insurance for all
1865	employees as required by the Florida Workers' Compensation Law.
1866	3.  Maintains comprehensive general liability and
1867	comprehensive automobile liability insurance with minimum limits
1868	of at least $1 million per occurrence and $1 million annual
1869	aggregate, as shall protect it from claims for damage for
1870	personal injury, including accidental death, as well as claims
1871	for property damage which may arise from performance of work
1872	under the program, designating the state as an additional
1873	insured party.
1874	4.  Maintains professional liability insurance of at least
1875	$1 million per occurrence and $1 million annual aggregate.
1876	5.  Has completed and submitted a sworn statement under s.
1877	287.562(3)(a) 287.133(3)(a), on public entity crimes.
1878	6.  Has the capacity to perform or directly supervise the
1879	majority of the work at a site in accordance with s. 489.113(9).
1880	Section 63.  Subsections (4) and (11) of section 376.3075,
1881	Florida Statutes, are amended to read:
1882	376.3075  Inland Protection Financing Corporation.--
1883	(4)  The corporation is authorized to enter into one or
1884	more service contracts with the department pursuant to which the
1885	corporation shall provide services to the department in
1886	connection with financing the functions and activities provided
1887	for in ss. 376.30-376.319. The department may enter into one or
1888	more such service contracts with the corporation and to provide
1889	for payments under such contracts pursuant to s. 376.3071(4)(o),
1890	subject to annual appropriation by the Legislature. The proceeds
1891	from such service contracts may be used for the costs and
1892	expenses of administration of the corporation after payments as
1893	set forth in subsection (5). Each service contract shall have a
1894	term not to exceed 10 years and shall terminate no later than
1895	July 1, 2011. The aggregate amount payable from the Inland
1896	Protection Trust Fund under all such service contracts shall not
1897	exceed $65 million in any state fiscal year. Amounts annually
1898	appropriated and applied to make payments under such service
1899	contracts shall not include any funds derived from penalties or
1900	other payments received from any property owner or private
1901	party, including payments received from s. 376.3071(6)(b). In
1902	compliance with provisions of s. 287.1385 287.0641 and other
1903	applicable provisions of law, the obligations of the department
1904	under such service contracts shall not constitute a general
1905	obligation of the state or a pledge of the faith and credit or
1906	taxing power of the state nor shall such obligations be
1907	construed in any manner as an obligation of the State Board of
1908	Administration or entities for which it invests funds, other
1909	than the department as provided in this section, but shall be
1910	payable solely from amounts available in the Inland Protection
1911	Trust Fund, subject to annual appropriation. In compliance with
1912	this subsection and s. 287.311 287.0582, the service contract
1913	shall expressly include the following statement: "The State of
1914	Florida's performance and obligation to pay under this contract
1915	is contingent upon an annual appropriation by the Legislature."
1916	(11)  The corporation shall not be deemed to be a special
1917	district for purposes of chapter 189 or a unit of local
1918	government for purposes of part III of chapter 218. The
1919	provisions of chapters 120 and 215, except the limitation on
1920	interest rates provided by s. 215.84 which applies to
1921	obligations of the corporation issued pursuant to this section,
1922	and parts I-VII part I of chapter 287, except ss. 287.1385 and
1923	287.311 287.0582 and 287.0641, shall not apply to this section,
1924	the corporation created hereby, the service contracts entered
1925	into pursuant to this section, or to debt obligations issued by
1926	the corporation as contemplated in this section.
1927	Section 64.  Paragraph (g) of subsection (1) of section
1928	376.84, Florida Statutes, is amended to read:
1929	376.84  Brownfield redevelopment economic incentives.--It
1930	is the intent of the Legislature that brownfield redevelopment
1931	activities be viewed as opportunities to significantly improve
1932	the utilization, general condition, and appearance of these
1933	sites. Different standards than those in place for new
1934	development, as allowed under current state and local laws,
1935	should be used to the fullest extent to encourage the
1936	redevelopment of a brownfield. State and local governments are
1937	encouraged to offer redevelopment incentives for this purpose,
1938	as an ongoing public investment in infrastructure and services,
1939	to help eliminate the public health and environmental hazards,
1940	and to promote the creation of jobs in these areas. Such
1941	incentives may include financial, regulatory, and technical
1942	assistance to persons and businesses involved in the
1943	redevelopment of the brownfield pursuant to this act.
1944	(1)  Financial incentives and local incentives for
1945	redevelopment may include, but not be limited to:
1946	(g)  Minority business enterprise programs as provided in
1947	s. 287.4461 287.0943.
1948	Section 65.  Paragraph (j) of subsection (3) of section
1949	381.0065, Florida Statutes, is amended to read:
1950	381.0065  Onsite sewage treatment and disposal systems;
1951	regulation.--
1952	(3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The
1953	department shall:
1954	(j)  Supervise research on, demonstration of, and training
1955	on the performance, environmental impact, and public health
1956	impact of onsite sewage treatment and disposal systems within
1957	this state. Research fees collected under s. 381.0066(2)(k) must
1958	be used to develop and fund hands-on training centers designed
1959	to provide practical information about onsite sewage treatment
1960	and disposal systems to septic tank contractors, master septic
1961	tank contractors, contractors, inspectors, engineers, and the
1962	public and must also be used to fund research projects which
1963	focus on improvements of onsite sewage treatment and disposal
1964	systems, including use of performance-based standards and
1965	reduction of environmental impact. Research projects shall be
1966	initially approved by the technical advisory panel and shall be
1967	applicable to and reflect the soil conditions specific to
1968	Florida. Such projects shall be awarded through competitive
1969	negotiation, using the procedures provided in s. 287.125
1970	287.055, to public or private entities that have experience in
1971	onsite sewage treatment and disposal systems in Florida and that
1972	are principally located in Florida. Research projects shall not
1973	be awarded to firms or entities that employ or are associated
1974	with persons who serve on either the technical advisory panel or
1975	the research review and advisory committee.
1976	Section 66.  Subsection (3) of section 394.457, Florida
1977	Statutes, is amended to read:
1978	394.457  Operation and administration.--
1979	(3)  POWER TO CONTRACT.--The department may contract to
1980	provide, and be provided with, services and facilities in order
1981	to carry out its responsibilities under this part with the
1982	following agencies: public and private hospitals; receiving and
1983	treatment facilities; clinics; laboratories; departments,
1984	divisions, and other units of state government; the state
1985	colleges and universities; the community colleges; private
1986	colleges and universities; counties, municipalities, and any
1987	other governmental unit, including facilities of the United
1988	States Government; and any other public or private entity which
1989	provides or needs facilities or services. Baker Act funds for
1990	community inpatient, crisis stabilization, short-term
1991	residential treatment, and screening services must be allocated
1992	to each county pursuant to the department's funding allocation
1993	methodology. Notwithstanding the provisions of s. 287.123
1994	287.057(5)(f), contracts for community-based Baker Act services
1995	for inpatient, crisis stabilization, short-term residential
1996	treatment, and screening provided under this part, other than
1997	those with other units of government, to be provided for the
1998	department must be awarded using competitive sealed bids when
1999	the county commission of the county receiving the services makes
2000	a request to the department's district office by January 15 of
2001	the contracting year. The district shall not enter into a
2002	competitively bid contract under this provision if such action
2003	will result in increases of state or local expenditures for
2004	Baker Act services within the district. Contracts for these
2005	Baker Act services using competitive sealed bids will be
2006	effective for 3 years. Services contracted for by the department
2007	may be reimbursed by the state at a rate up to 100 percent. The
2008	department shall adopt rules establishing minimum standards for
2009	such contracted services and facilities and shall make periodic
2010	audits and inspections to assure that the contracted services
2011	are provided and meet the standards of the department.
2012	Section 67.  Paragraph (a) of subsection (1) of section
2013	394.47865, Florida Statutes, is amended to read:
2014	394.47865  South Florida State Hospital; privatization.--
2015	(1)  The Department of Children and Family Services shall,
2016	through a request for proposals, privatize South Florida State
2017	Hospital. The department shall plan to begin implementation of
2018	this privatization initiative by July 1, 1998.
2019	(a)  Notwithstanding s. 287.332 287.057(14), the department
2020	may enter into agreements, not to exceed 20 years, with a
2021	private provider, a coalition of providers, or another agency to
2022	finance, design, and construct a treatment facility having up to
2023	350 beds and to operate all aspects of daily operations within
2024	the facility. The department may subcontract any or all
2025	components of this procurement to a statutorily established
2026	state governmental entity that has successfully contracted with
2027	private companies for designing, financing, acquiring, leasing,
2028	constructing, and operating major privatized state facilities.
2029	Section 68.  Paragraph (c) of subsection (5) and subsection
2030	(8) of section 402.40, Florida Statutes, are amended to read:
2031	402.40  Child welfare training.--
2032	(5)  CORE COMPETENCIES.--
2033	(c)  Notwithstanding ss. 287.0335, 287.0336, 287.0337,
2034	287.123, and 287.0341 s. 287.057(5) and (22), the department
2035	shall competitively solicit and contract for the development,
2036	validation, and periodic evaluation of the training curricula
2037	for the established single integrated curriculum. No more than
2038	one training curriculum may be developed for each specific
2039	subset of the core competencies.
2040	(8)  ESTABLISHMENT OF TRAINING ACADEMIES.--The department
2041	shall establish child welfare training academies as part of a
2042	comprehensive system of child welfare training. In establishing
2043	a program of training, the department may contract for the
2044	operation of one or more training academies to perform one or
2045	more of the following: to offer one or more of the training
2046	curricula developed under subsection (5); to administer the
2047	certification process; to develop, validate, and periodically
2048	evaluate additional training curricula determined to be
2049	necessary, including advanced training that is specific to a
2050	region or contractor, or that meets a particular training need;
2051	or to offer the additional training curricula. The number,
2052	location, and timeframe for establishment of training academies
2053	shall be approved by the Secretary of Children and Family
2054	Services who shall ensure that the goals for the core
2055	competencies and the single integrated curriculum, the
2056	certification process, the trainer qualifications, and the
2057	additional training needs are addressed. Notwithstanding ss.
2058	287.0335, 287.0336, 287.0337, 287.123, and 287.0341 s.
2059	287.057(5) and (22), the department shall competitively solicit
2060	all training academy contracts.
2061	Section 69.  Subsections (1), (3), and (5) of section
2062	402.73, Florida Statutes, are amended to read:
2063	402.73  Contracting and performance standards.--
2064	(1)  The Department of Children and Family Services shall
2065	establish performance standards for all contracted client
2066	services. Notwithstanding s. 287.123 287.057(5)(f), the
2067	department must competitively procure any contract for client
2068	services when any of the following occurs:
2069	(a)  The provider fails to meet appropriate performance
2070	standards established by the department after the provider has
2071	been given a reasonable opportunity to achieve the established
2072	standards.
2073	(b)  A new program or service has been authorized and
2074	funded by the Legislature and the annual value of the contract
2075	for such program or service is $300,000 or more.
2076	(c)  The department has concluded, after reviewing market
2077	prices and available treatment options, that there is evidence
2078	that the department can improve the performance outcomes
2079	produced by its contract resources. At a minimum, the department
2080	shall review market prices and available treatment options
2081	biennially. The department shall compile the results of the
2082	biennial review and include the results in its annual
2083	performance report to the Legislature pursuant to chapter 94-
2084	249, Laws of Florida. The department shall provide notice and an
2085	opportunity for public comment on its review of market prices
2086	and available treatment options.
2087	(3)  The Legislature intends that the department obtain
2088	services in the manner that is most cost-effective for the
2089	state, that provides the greatest long-term benefits to the
2090	clients receiving services, and that minimizes the disruption of
2091	client services. In order to meet these legislative goals, the
2092	department may adopt rules providing procedures for the
2093	competitive procurement of contracted client services which
2094	represent an alternative to the request-for-proposal or
2095	invitation-to-bid process. The alternative competitive
2096	procedures shall permit the department to solicit professional
2097	qualifications from prospective providers and to evaluate such
2098	statements of qualification before requesting service proposals.
2099	The department may limit the firms invited to submit service
2100	proposals to only those firms that have demonstrated the highest
2101	level of professional capability to provide the services under
2102	consideration, but may not invite fewer than three firms to
2103	submit service proposals, unless fewer than three firms
2104	submitted satisfactory statements of qualification. The
2105	alternative procedures must, at a minimum, allow the department
2106	to evaluate competing proposals and select the proposal that
2107	provides the greatest benefit to the state while considering the
2108	quality of the services, dependability, and integrity of the
2109	provider, the dependability of the provider's services, the
2110	experience of the provider in serving target populations or
2111	client groups substantially identical to members of the target
2112	population for the contract in question, and the ability of the
2113	provider to secure local funds to support the delivery of
2114	services, including, but not limited to, funds derived from
2115	local governments. These alternative procedures need not conform
2116	to the requirements of s. 287.026 287.042 or ss. 287.0331 and
2117	287.0332 s. 287.057(1) or (2).
2118	(5)  When it is in the best interest of a defined segment
2119	of its consumer population, the department may competitively
2120	procure and contract for systems of treatment or service that
2121	involve multiple providers, rather than procuring and
2122	contracting for treatment or services separately from each
2123	participating provider. The department must ensure that all
2124	providers that participate in the treatment or service system
2125	meet all applicable statutory, regulatory, service-quality, and
2126	cost-control requirements. If other governmental entities or
2127	units of special purpose government contribute matching funds to
2128	the support of a given system of treatment or service, the
2129	department shall formally request information from those funding
2130	entities in the procurement process and may take the information
2131	received into account in the selection process. If a local
2132	government contributes match to support the system of treatment
2133	or contracted service and if the match constitutes at least 25
2134	percent of the value of the contract, the department shall
2135	afford the governmental match contributor an opportunity to name
2136	an employee as one of the persons required by s. 287.036
2137	287.057(17) to evaluate or negotiate certain contracts, unless
2138	the department sets forth in writing the reason why such
2139	inclusion would be contrary to the best interest of the state.
2140	Any employee so named by the governmental match contributor
2141	shall qualify as one of the persons required by s. 287.036
2142	287.057(17). No governmental entity or unit of special purpose
2143	government may name an employee as one of the persons required
2144	by s. 287.036 287.057(17) if it, or any of its political
2145	subdivisions, executive agencies, or special districts, intends
2146	to compete for the contract to be awarded. The governmental
2147	funding entity or match contributor shall comply with any
2148	deadlines and procurement procedures established by the
2149	department. The department may also involve nongovernmental
2150	funding entities in the procurement process when appropriate.
2151	Section 70.  Subsections (5) and (10) of section 403.1837,
2152	Florida Statutes, are amended to read:
2153	403.1837  Florida Water Pollution Control Financing
2154	Corporation.--
2155	(5)  The corporation may enter into one or more service
2156	contracts with the department under which the corporation shall
2157	provide services to the department in connection with financing
2158	the functions, projects, and activities provided for in s.
2159	403.1835. The department may enter into one or more service
2160	contracts with the corporation and provide for payments under
2161	those contracts pursuant to s. 403.1835(9), subject to annual
2162	appropriation by the Legislature. The service contracts may
2163	provide for the transfer of all or a portion of the funds in the
2164	Wastewater Treatment and Stormwater Management Revolving Loan
2165	Trust Fund to the corporation for use by the corporation for
2166	costs incurred by the corporation in its operations, including,
2167	but not limited to, payment of debt service, reserves, or other
2168	costs in relation to bonds issued by the corporation, for use by
2169	the corporation at the request of the department to directly
2170	provide the types of local financial assistance provided for in
2171	s. 403.1835(3), or for payment of the administrative costs of
2172	the corporation. The department may not transfer funds under any
2173	service contract with the corporation without specific
2174	appropriation for such purpose in the General Appropriations
2175	Act, except for administrative expenses incurred by the State
2176	Board of Administration or other expenses necessary under
2177	documents authorizing or securing previously issued bonds of the
2178	corporation. The service contracts may also provide for the
2179	assignment or transfer to the corporation of any loans made by
2180	the department. The service contracts may establish the
2181	operating relationship between the department and the
2182	corporation and shall require the department to request the
2183	corporation to issue bonds before any issuance of bonds by the
2184	corporation, to take any actions necessary to enforce the
2185	agreements entered into between the corporation and other
2186	parties, and to take all other actions necessary to assist the
2187	corporation in its operations. In compliance with s. 287.1385
2188	287.0641 and other applicable provisions of law, the obligations
2189	of the department under the service contracts do not constitute
2190	a general obligation of the state or a pledge of the faith and
2191	credit or taxing power of the state, nor may the obligations be
2192	construed in any manner as an obligation of the State Board of
2193	Administration or entities for which it invests funds, or of the
2194	department except as provided in this section as payable solely
2195	from amounts available under any service contract between the
2196	corporation and the department, subject to appropriation. In
2197	compliance with this subsection and s. 287.311 287.0582, service
2198	contracts must expressly include the following statement: "The
2199	State of Florida's performance and obligation to pay under this
2200	contract is contingent upon an annual appropriation by the
2201	Legislature."
2202	(10)  The corporation is not a special district for
2203	purposes of chapter 189 or a unit of local government for
2204	purposes of part III of chapter 218. The provisions of chapters
2205	120 and 215, except the limitation on interest rates provided by
2206	s. 215.84, which applies to obligations of the corporation
2207	issued under this section, and parts I-VII part I of chapter
2208	287, except ss. 287.1385 and 287.311 287.0582 and 287.0641, do
2209	not apply to this section, the corporation created in this
2210	section, the service contracts entered into under this section,
2211	or debt obligations issued by the corporation as provided in
2212	this section.
2213	Section 71.  Subsection (1) of section 403.7065, Florida
2214	Statutes, is amended to read:
2215	403.7065  Procurement of products or materials with
2216	recycled content.--
2217	(1)  Except as provided in s. 287.128 287.045, any state
2218	agency or agency of a political subdivision of the state which
2219	is using state funds, or any person contracting with any such
2220	agency with respect to work performed under contract, is
2221	required to procure products or materials with recycled content
2222	when the Department of Management Services determines that those
2223	products or materials are available. A decision not to procure
2224	such items must be based on the Department of Management
2225	Services' determination that such procurement is not reasonably
2226	available within an acceptable period of time, fails to meet the
2227	performance standards set forth in the applicable
2228	specifications, or fails to meet the performance standards of
2229	the agency. When the requirements of s. 287.128 287.045 are met,
2230	agencies shall be subject to the procurement requirements of
2231	that section for procuring products or materials with recycled
2232	content.
2233	Section 72.  Subsection (2) of section 408.045, Florida
2234	Statutes, is amended to read:
2235	408.045  Certificate of need; competitive sealed
2236	proposals.--
2237	(2)  The agency shall make a decision regarding the
2238	issuance of the certificate of need in accordance with the
2239	provisions of s. 287.036 287.057(17), rules adopted by the
2240	agency relating to intermediate care facilities for the
2241	developmentally disabled, and the criteria in s. 408.035, as
2242	further defined by rule.
2243	Section 73.  Section 409.908, Florida Statutes, is amended
2244	to read:
2245	409.908  Reimbursement of Medicaid providers.--Subject to
2246	specific appropriations, the agency shall reimburse Medicaid
2247	providers, in accordance with state and federal law, according
2248	to methodologies set forth in the rules of the agency and in
2249	policy manuals and handbooks incorporated by reference therein.
2250	These methodologies may include fee schedules, reimbursement
2251	methods based on cost reporting, negotiated fees, competitive
2252	bidding pursuant to part II of chapter 287 s. 287.057, and other
2253	mechanisms the agency considers efficient and effective for
2254	purchasing services or goods on behalf of recipients. If a
2255	provider is reimbursed based on cost reporting and submits a
2256	cost report late and that cost report would have been used to
2257	set a lower reimbursement rate for a rate semester, then the
2258	provider's rate for that semester shall be retroactively
2259	calculated using the new cost report, and full payment at the
2260	recalculated rate shall be affected retroactively. Medicare-
2261	granted extensions for filing cost reports, if applicable, shall
2262	also apply to Medicaid cost reports. Payment for Medicaid
2263	compensable services made on behalf of Medicaid eligible persons
2264	is subject to the availability of moneys and any limitations or
2265	directions provided for in the General Appropriations Act or
2266	chapter 216. Further, nothing in this section shall be construed
2267	to prevent or limit the agency from adjusting fees,
2268	reimbursement rates, lengths of stay, number of visits, or
2269	number of services, or making any other adjustments necessary to
2270	comply with the availability of moneys and any limitations or
2271	directions provided for in the General Appropriations Act,
2272	provided the adjustment is consistent with legislative intent.
2273	(1)  Reimbursement to hospitals licensed under part I of
2274	chapter 395 must be made prospectively or on the basis of
2275	negotiation.
2276	(a)  Reimbursement for inpatient care is limited as
2277	provided for in s. 409.905(5), except for:
2278	1.  The raising of rate reimbursement caps, excluding rural
2279	hospitals.
2280	2.  Recognition of the costs of graduate medical education.
2281	3.  Other methodologies recognized in the General
2282	Appropriations Act.
2283	4.  Hospital inpatient rates shall be reduced by 6 percent
2284	effective July 1, 2001, and restored effective April 1, 2002.
2285	During the years funds are transferred from the Department
2286	of Health, any reimbursement supported by such funds shall be
2287	subject to certification by the Department of Health that the
2288	hospital has complied with s. 381.0403. The agency is authorized
2289	to receive funds from state entities, including, but not limited
2290	to, the Department of Health, local governments, and other local
2291	political subdivisions, for the purpose of making special
2292	exception payments, including federal matching funds, through
2293	the Medicaid inpatient reimbursement methodologies. Funds
2294	received from state entities or local governments for this
2295	purpose shall be separately accounted for and shall not be
2296	commingled with other state or local funds in any manner. The
2297	agency may certify all local governmental funds used as state
2298	match under Title XIX of the Social Security Act, to the extent
2299	that the identified local health care provider that is otherwise
2300	entitled to and is contracted to receive such local funds is the
2301	benefactor under the state's Medicaid program as determined
2302	under the General Appropriations Act and pursuant to an
2303	agreement between the Agency for Health Care Administration and
2304	the local governmental entity. The local governmental entity
2305	shall use a certification form prescribed by the agency. At a
2306	minimum, the certification form shall identify the amount being
2307	certified and describe the relationship between the certifying
2308	local governmental entity and the local health care provider.
2309	The agency shall prepare an annual statement of impact which
2310	documents the specific activities undertaken during the previous
2311	fiscal year pursuant to this paragraph, to be submitted to the
2312	Legislature no later than January 1, annually.
2313	(b)  Reimbursement for hospital outpatient care is limited
2314	to $1,500 per state fiscal year per recipient, except for:
2315	1.  Such care provided to a Medicaid recipient under age
2316	21, in which case the only limitation is medical necessity.
2317	2.  Renal dialysis services.
2318	3.  Other exceptions made by the agency.
2319	The agency is authorized to receive funds from state
2320	entities, including, but not limited to, the Department of
2321	Health, the Board of Regents, local governments, and other local
2322	political subdivisions, for the purpose of making payments,
2323	including federal matching funds, through the Medicaid
2324	outpatient reimbursement methodologies. Funds received from
2325	state entities and local governments for this purpose shall be
2326	separately accounted for and shall not be commingled with other
2327	state or local funds in any manner.
2328	(c)  Hospitals that provide services to a disproportionate
2329	share of low-income Medicaid recipients, or that participate in
2330	the regional perinatal intensive care center program under
2331	chapter 383, or that participate in the statutory teaching
2332	hospital disproportionate share program may receive additional
2333	reimbursement. The total amount of payment for disproportionate
2334	share hospitals shall be fixed by the General Appropriations
2335	Act. The computation of these payments must be made in
2336	compliance with all federal regulations and the methodologies
2337	described in ss. 409.911, 409.9112, and 409.9113.
2338	(d)  The agency is authorized to limit inflationary
2339	increases for outpatient hospital services as directed by the
2340	General Appropriations Act.
2341	(2)(a)1.  Reimbursement to nursing homes licensed under
2342	part II of chapter 400 and state-owned-and-operated intermediate
2343	care facilities for the developmentally disabled licensed under
2344	chapter 393 must be made prospectively.
2345	2.  Unless otherwise limited or directed in the General
2346	Appropriations Act, reimbursement to hospitals licensed under
2347	part I of chapter 395 for the provision of swing-bed nursing
2348	home services must be made on the basis of the average statewide
2349	nursing home payment, and reimbursement to a hospital licensed
2350	under part I of chapter 395 for the provision of skilled nursing
2351	services must be made on the basis of the average nursing home
2352	payment for those services in the county in which the hospital
2353	is located. When a hospital is located in a county that does not
2354	have any community nursing homes, reimbursement must be
2355	determined by averaging the nursing home payments, in counties
2356	that surround the county in which the hospital is located.
2357	Reimbursement to hospitals, including Medicaid payment of
2358	Medicare copayments, for skilled nursing services shall be
2359	limited to 30 days, unless a prior authorization has been
2360	obtained from the agency. Medicaid reimbursement may be extended
2361	by the agency beyond 30 days, and approval must be based upon
2362	verification by the patient's physician that the patient
2363	requires short-term rehabilitative and recuperative services
2364	only, in which case an extension of no more than 15 days may be
2365	approved. Reimbursement to a hospital licensed under part I of
2366	chapter 395 for the temporary provision of skilled nursing
2367	services to nursing home residents who have been displaced as
2368	the result of a natural disaster or other emergency may not
2369	exceed the average county nursing home payment for those
2370	services in the county in which the hospital is located and is
2371	limited to the period of time which the agency considers
2372	necessary for continued placement of the nursing home residents
2373	in the hospital.
2374	(b)  Subject to any limitations or directions provided for
2375	in the General Appropriations Act, the agency shall establish
2376	and implement a Florida Title XIX Long-Term Care Reimbursement
2377	Plan (Medicaid) for nursing home care in order to provide care
2378	and services in conformance with the applicable state and
2379	federal laws, rules, regulations, and quality and safety
2380	standards and to ensure that individuals eligible for medical
2381	assistance have reasonable geographic access to such care.
2382	1.  Changes of ownership or of licensed operator do not
2383	qualify for increases in reimbursement rates associated with the
2384	change of ownership or of licensed operator. The agency shall
2385	amend the Title XIX Long Term Care Reimbursement Plan to provide
2386	that the initial nursing home reimbursement rates, for the
2387	operating, patient care, and MAR components, associated with
2388	related and unrelated party changes of ownership or licensed
2389	operator filed on or after September 1, 2001, are equivalent to
2390	the previous owner's reimbursement rate.
2391	2.  The agency shall amend the long-term care reimbursement
2392	plan and cost reporting system to create direct care and
2393	indirect care subcomponents of the patient care component of the
2394	per diem rate. These two subcomponents together shall equal the
2395	patient care component of the per diem rate. Separate cost-based
2396	ceilings shall be calculated for each patient care subcomponent.
2397	The direct care subcomponent of the per diem rate shall be
2398	limited by the cost-based class ceiling, and the indirect care
2399	subcomponent shall be limited by the lower of the cost-based
2400	class ceiling, by the target rate class ceiling, or by the
2401	individual provider target. The agency shall adjust the patient
2402	care component effective January 1, 2002. The cost to adjust the
2403	direct care subcomponent shall be net of the total funds
2404	previously allocated for the case mix add-on. The agency shall
2405	make the required changes to the nursing home cost reporting
2406	forms to implement this requirement effective January 1, 2002.
2407	3.  The direct care subcomponent shall include salaries and
2408	benefits of direct care staff providing nursing services
2409	including registered nurses, licensed practical nurses, and
2410	certified nursing assistants who deliver care directly to
2411	residents in the nursing home facility. This excludes nursing
2412	administration, MDS, and care plan coordinators, staff
2413	development, and staffing coordinator.
2414	4.  All other patient care costs shall be included in the
2415	indirect care cost subcomponent of the patient care per diem
2416	rate. There shall be no costs directly or indirectly allocated
2417	to the direct care subcomponent from a home office or management
2418	company.
2419	5.  On July 1 of each year, the agency shall report to the
2420	Legislature direct and indirect care costs, including average
2421	direct and indirect care costs per resident per facility and
2422	direct care and indirect care salaries and benefits per category
2423	of staff member per facility.
2424	6.  In order to offset the cost of general and professional
2425	liability insurance, the agency shall amend the plan to allow
2426	for interim rate adjustments to reflect increases in the cost of
2427	general or professional liability insurance for nursing homes.
2428	This provision shall be implemented to the extent existing
2429	appropriations are available.
2430	It is the intent of the Legislature that the reimbursement
2431	plan achieve the goal of providing access to health care for
2432	nursing home residents who require large amounts of care while
2433	encouraging diversion services as an alternative to nursing home
2434	care for residents who can be served within the community. The
2435	agency shall base the establishment of any maximum rate of
2436	payment, whether overall or component, on the available moneys
2437	as provided for in the General Appropriations Act. The agency
2438	may base the maximum rate of payment on the results of
2439	scientifically valid analysis and conclusions derived from
2440	objective statistical data pertinent to the particular maximum
2441	rate of payment.
2442	(3)  Subject to any limitations or directions provided for
2443	in the General Appropriations Act, the following Medicaid
2444	services and goods may be reimbursed on a fee-for-service basis.
2445	For each allowable service or goods furnished in accordance with
2446	Medicaid rules, policy manuals, handbooks, and state and federal
2447	law, the payment shall be the amount billed by the provider, the
2448	provider's usual and customary charge, or the maximum allowable
2449	fee established by the agency, whichever amount is less, with
2450	the exception of those services or goods for which the agency
2451	makes payment using a methodology based on capitation rates,
2452	average costs, or negotiated fees.
2453	(a)  Advanced registered nurse practitioner services.
2454	(b)  Birth center services.
2455	(c)  Chiropractic services.
2456	(d)  Community mental health services.
2457	(e)  Dental services, including oral and maxillofacial
2458	surgery.
2459	(f)  Durable medical equipment.
2460	(g)  Hearing services.
2461	(h)  Occupational therapy for Medicaid recipients under age
2462	21.
2463	(i)  Optometric services.
2464	(j)  Orthodontic services.
2465	(k)  Personal care for Medicaid recipients under age 21.
2466	(l)  Physical therapy for Medicaid recipients under age 21.
2467	(m)  Physician assistant services.
2468	(n)  Podiatric services.
2469	(o)  Portable X-ray services.
2470	(p)  Private-duty nursing for Medicaid recipients under age
2471	21.
2472	(q)  Registered nurse first assistant services.
2473	(r)  Respiratory therapy for Medicaid recipients under age
2474	21.
2475	(s)  Speech therapy for Medicaid recipients under age 21.
2476	(t)  Visual services.
2477	(4)  Subject to any limitations or directions provided for
2478	in the General Appropriations Act, alternative health plans,
2479	health maintenance organizations, and prepaid health plans shall
2480	be reimbursed a fixed, prepaid amount negotiated, or
2481	competitively bid pursuant to part II of chapter 287 s. 287.057,
2482	by the agency and prospectively paid to the provider monthly for
2483	each Medicaid recipient enrolled. The amount may not exceed the
2484	average amount the agency determines it would have paid, based
2485	on claims experience, for recipients in the same or similar
2486	category of eligibility. The agency shall calculate capitation
2487	rates on a regional basis and, beginning September 1, 1995,
2488	shall include age-band differentials in such calculations.
2489	Effective July 1, 2001, the cost of exempting statutory teaching
2490	hospitals, specialty hospitals, and community hospital education
2491	program hospitals from reimbursement ceilings and the cost of
2492	special Medicaid payments shall not be included in premiums paid
2493	to health maintenance organizations or prepaid health care
2494	plans. Each rate semester, the agency shall calculate and
2495	publish a Medicaid hospital rate schedule that does not reflect
2496	either special Medicaid payments or the elimination of rate
2497	reimbursement ceilings, to be used by hospitals and Medicaid
2498	health maintenance organizations, in order to determine the
2499	Medicaid rate referred to in ss. 409.912(17), 409.9128(5), and
2500	641.513(6).
2501	(5)  An ambulatory surgical center shall be reimbursed the
2502	lesser of the amount billed by the provider or the Medicare-
2503	established allowable amount for the facility.
2504	(6)  A provider of early and periodic screening, diagnosis,
2505	and treatment services to Medicaid recipients who are children
2506	under age 21 shall be reimbursed using an all-inclusive rate
2507	stipulated in a fee schedule established by the agency. A
2508	provider of the visual, dental, and hearing components of such
2509	services shall be reimbursed the lesser of the amount billed by
2510	the provider or the Medicaid maximum allowable fee established
2511	by the agency.
2512	(7)  A provider of family planning services shall be
2513	reimbursed the lesser of the amount billed by the provider or an
2514	all-inclusive amount per type of visit for physicians and
2515	advanced registered nurse practitioners, as established by the
2516	agency in a fee schedule.
2517	(8)  A provider of home-based or community-based services
2518	rendered pursuant to a federally approved waiver shall be
2519	reimbursed based on an established or negotiated rate for each
2520	service. These rates shall be established according to an
2521	analysis of the expenditure history and prospective budget
2522	developed by each contract provider participating in the waiver
2523	program, or under any other methodology adopted by the agency
2524	and approved by the Federal Government in accordance with the
2525	waiver. Effective July 1, 1996, privately owned and operated
2526	community-based residential facilities which meet agency
2527	requirements and which formerly received Medicaid reimbursement
2528	for the optional intermediate care facility for the mentally
2529	retarded service may participate in the developmental services
2530	waiver as part of a home-and-community-based continuum of care
2531	for Medicaid recipients who receive waiver services.
2532	(9)  A provider of home health care services or of medical
2533	supplies and appliances shall be reimbursed on the basis of
2534	competitive bidding or for the lesser of the amount billed by
2535	the provider or the agency's established maximum allowable
2536	amount, except that, in the case of the rental of durable
2537	medical equipment, the total rental payments may not exceed the
2538	purchase price of the equipment over its expected useful life or
2539	the agency's established maximum allowable amount, whichever
2540	amount is less.
2541	(10)  A hospice shall be reimbursed through a prospective
2542	system for each Medicaid hospice patient at Medicaid rates using
2543	the methodology established for hospice reimbursement pursuant
2544	to Title XVIII of the federal Social Security Act.
2545	(11)  A provider of independent laboratory services shall
2546	be reimbursed on the basis of competitive bidding or for the
2547	least of the amount billed by the provider, the provider's usual
2548	and customary charge, or the Medicaid maximum allowable fee
2549	established by the agency.
2550	(12)(a)  A physician shall be reimbursed the lesser of the
2551	amount billed by the provider or the Medicaid maximum allowable
2552	fee established by the agency.
2553	(b)  The agency shall adopt a fee schedule, subject to any
2554	limitations or directions provided for in the General
2555	Appropriations Act, based on a resource-based relative value
2556	scale for pricing Medicaid physician services. Under this fee
2557	schedule, physicians shall be paid a dollar amount for each
2558	service based on the average resources required to provide the
2559	service, including, but not limited to, estimates of average
2560	physician time and effort, practice expense, and the costs of
2561	professional liability insurance. The fee schedule shall provide
2562	increased reimbursement for preventive and primary care services
2563	and lowered reimbursement for specialty services by using at
2564	least two conversion factors, one for cognitive services and
2565	another for procedural services. The fee schedule shall not
2566	increase total Medicaid physician expenditures unless moneys are
2567	available, and shall be phased in over a 2-year period beginning
2568	on July 1, 1994. The Agency for Health Care Administration shall
2569	seek the advice of a 16-member advisory panel in formulating and
2570	adopting the fee schedule. The panel shall consist of Medicaid
2571	physicians licensed under chapters 458 and 459 and shall be
2572	composed of 50 percent primary care physicians and 50 percent
2573	specialty care physicians.
2574	(c)  Notwithstanding paragraph (b), reimbursement fees to
2575	physicians for providing total obstetrical services to Medicaid
2576	recipients, which include prenatal, delivery, and postpartum
2577	care, shall be at least $1,500 per delivery for a pregnant woman
2578	with low medical risk and at least $2,000 per delivery for a
2579	pregnant woman with high medical risk. However, reimbursement to
2580	physicians working in Regional Perinatal Intensive Care Centers
2581	designated pursuant to chapter 383, for services to certain
2582	pregnant Medicaid recipients with a high medical risk, may be
2583	made according to obstetrical care and neonatal care groupings
2584	and rates established by the agency. Nurse midwives licensed
2585	under part I of chapter 464 or midwives licensed under chapter
2586	467 shall be reimbursed at no less than 80 percent of the low
2587	medical risk fee. The agency shall by rule determine, for the
2588	purpose of this paragraph, what constitutes a high or low
2589	medical risk pregnant woman and shall not pay more based solely
2590	on the fact that a caesarean section was performed, rather than
2591	a vaginal delivery. The agency shall by rule determine a
2592	prorated payment for obstetrical services in cases where only
2593	part of the total prenatal, delivery, or postpartum care was
2594	performed. The Department of Health shall adopt rules for
2595	appropriate insurance coverage for midwives licensed under
2596	chapter 467. Prior to the issuance and renewal of an active
2597	license, or reactivation of an inactive license for midwives
2598	licensed under chapter 467, such licensees shall submit proof of
2599	coverage with each application.
2600	(d)  For fiscal years 2001-2002 and 2002-2003 only and if
2601	necessary to meet the requirements for grants and donations for
2602	the special Medicaid payments authorized in the 2001-2002 and
2603	2002-2003 General Appropriations Acts, the agency may make
2604	special Medicaid payments to qualified Medicaid providers
2605	designated by the agency, notwithstanding any provision of this
2606	subsection to the contrary, and may use intergovernmental
2607	transfers from state entities or other governmental entities to
2608	serve as the state share of such payments.
2609	(13)  Medicare premiums for persons eligible for both
2610	Medicare and Medicaid coverage shall be paid at the rates
2611	established by Title XVIII of the Social Security Act. For
2612	Medicare services rendered to Medicaid-eligible persons,
2613	Medicaid shall pay Medicare deductibles and coinsurance as
2614	follows:
2615	(a)  Medicaid shall make no payment toward deductibles and
2616	coinsurance for any service that is not covered by Medicaid.
2617	(b)  Medicaid's financial obligation for deductibles and
2618	coinsurance payments shall be based on Medicare allowable fees,
2619	not on a provider's billed charges.
2620	(c)  Medicaid will pay no portion of Medicare deductibles
2621	and coinsurance when payment that Medicare has made for the
2622	service equals or exceeds what Medicaid would have paid if it
2623	had been the sole payor. The combined payment of Medicare and
2624	Medicaid shall not exceed the amount Medicaid would have paid
2625	had it been the sole payor. The Legislature finds that there has
2626	been confusion regarding the reimbursement for services rendered
2627	to dually eligible Medicare beneficiaries. Accordingly, the
2628	Legislature clarifies that it has always been the intent of the
2629	Legislature before and after 1991 that, in reimbursing in
2630	accordance with fees established by Title XVIII for premiums,
2631	deductibles, and coinsurance for Medicare services rendered by
2632	physicians to Medicaid eligible persons, physicians be
2633	reimbursed at the lesser of the amount billed by the physician
2634	or the Medicaid maximum allowable fee established by the Agency
2635	for Health Care Administration, as is permitted by federal law.
2636	It has never been the intent of the Legislature with regard to
2637	such services rendered by physicians that Medicaid be required
2638	to provide any payment for deductibles, coinsurance, or
2639	copayments for Medicare cost sharing, or any expenses incurred
2640	relating thereto, in excess of the payment amount provided for
2641	under the State Medicaid plan for such service. This payment
2642	methodology is applicable even in those situations in which the
2643	payment for Medicare cost sharing for a qualified Medicare
2644	beneficiary with respect to an item or service is reduced or
2645	eliminated. This expression of the Legislature is in
2646	clarification of existing law and shall apply to payment for,
2647	and with respect to provider agreements with respect to, items
2648	or services furnished on or after the effective date of this
2649	act. This paragraph applies to payment by Medicaid for items and
2650	services furnished before the effective date of this act if such
2651	payment is the subject of a lawsuit that is based on the
2652	provisions of this section, and that is pending as of, or is
2653	initiated after, the effective date of this act.
2654	(d)  Notwithstanding paragraphs (a)-(c):
2655	1.  Medicaid payments for Nursing Home Medicare part A
2656	coinsurance shall be the lesser of the Medicare coinsurance
2657	amount or the Medicaid nursing home per diem rate.
2658	2.  Medicaid shall pay all deductibles and coinsurance for
2659	Medicare-eligible recipients receiving freestanding end stage
2660	renal dialysis center services.
2661	3.  Medicaid payments for general hospital inpatient
2662	services shall be limited to the Medicare deductible per spell
2663	of illness. Medicaid shall make no payment toward coinsurance
2664	for Medicare general hospital inpatient services.
2665	4.  Medicaid shall pay all deductibles and coinsurance for
2666	Medicare emergency transportation services provided by
2667	ambulances licensed pursuant to chapter 401.
2668	(14)  A provider of prescribed drugs shall be reimbursed
2669	the least of the amount billed by the provider, the provider's
2670	usual and customary charge, or the Medicaid maximum allowable
2671	fee established by the agency, plus a dispensing fee. The agency
2672	is directed to implement a variable dispensing fee for payments
2673	for prescribed medicines while ensuring continued access for
2674	Medicaid recipients. The variable dispensing fee may be based
2675	upon, but not limited to, either or both the volume of
2676	prescriptions dispensed by a specific pharmacy provider, the
2677	volume of prescriptions dispensed to an individual recipient,
2678	and dispensing of preferred-drug-list products. The agency may
2679	increase the pharmacy dispensing fee authorized by statute and
2680	in the annual General Appropriations Act by $0.50 for the
2681	dispensing of a Medicaid preferred-drug-list product and reduce
2682	the pharmacy dispensing fee by $0.50 for the dispensing of a
2683	Medicaid product that is not included on the preferred-drug
2684	list. The agency may establish a supplemental pharmaceutical
2685	dispensing fee to be paid to providers returning unused unit-
2686	dose packaged medications to stock and crediting the Medicaid
2687	program for the ingredient cost of those medications if the
2688	ingredient costs to be credited exceed the value of the
2689	supplemental dispensing fee. The agency is authorized to limit
2690	reimbursement for prescribed medicine in order to comply with
2691	any limitations or directions provided for in the General
2692	Appropriations Act, which may include implementing a prospective
2693	or concurrent utilization review program.
2694	(15)  A provider of primary care case management services
2695	rendered pursuant to a federally approved waiver shall be
2696	reimbursed by payment of a fixed, prepaid monthly sum for each
2697	Medicaid recipient enrolled with the provider.
2698	(16)  A provider of rural health clinic services and
2699	federally qualified health center services shall be reimbursed a
2700	rate per visit based on total reasonable costs of the clinic, as
2701	determined by the agency in accordance with federal regulations.
2702	(17)  A provider of targeted case management services shall
2703	be reimbursed pursuant to an established fee, except where the
2704	Federal Government requires a public provider be reimbursed on
2705	the basis of average actual costs.
2706	(18)  Unless otherwise provided for in the General
2707	Appropriations Act, a provider of transportation services shall
2708	be reimbursed the lesser of the amount billed by the provider or
2709	the Medicaid maximum allowable fee established by the agency,
2710	except when the agency has entered into a direct contract with
2711	the provider, or with a community transportation coordinator,
2712	for the provision of an all-inclusive service, or when services
2713	are provided pursuant to an agreement negotiated between the
2714	agency and the provider. The agency, as provided for in s.
2715	427.0135, shall purchase transportation services through the
2716	community coordinated transportation system, if available,
2717	unless the agency determines a more cost-effective method for
2718	Medicaid clients. Nothing in this subsection shall be construed
2719	to limit or preclude the agency from contracting for services
2720	using a prepaid capitation rate or from establishing maximum fee
2721	schedules, individualized reimbursement policies by provider
2722	type, negotiated fees, prior authorization, competitive bidding,
2723	increased use of mass transit, or any other mechanism that the
2724	agency considers efficient and effective for the purchase of
2725	services on behalf of Medicaid clients, including implementing a
2726	transportation eligibility process. The agency shall not be
2727	required to contract with any community transportation
2728	coordinator or transportation operator that has been determined
2729	by the agency, the Department of Legal Affairs Medicaid Fraud
2730	Control Unit, or any other state or federal agency to have
2731	engaged in any abusive or fraudulent billing activities. The
2732	agency is authorized to competitively procure transportation
2733	services or make other changes necessary to secure approval of
2734	federal waivers needed to permit federal financing of Medicaid
2735	transportation services at the service matching rate rather than
2736	the administrative matching rate.
2737	(19)  County health department services may be reimbursed a
2738	rate per visit based on total reasonable costs of the clinic, as
2739	determined by the agency in accordance with federal regulations
2740	under the authority of 42 C.F.R. s. 431.615.
2741	(20)  A renal dialysis facility that provides dialysis
2742	services under s. 409.906(9) must be reimbursed the lesser of
2743	the amount billed by the provider, the provider's usual and
2744	customary charge, or the maximum allowable fee established by
2745	the agency, whichever amount is less.
2746	(21)  The agency shall reimburse school districts which
2747	certify the state match pursuant to ss. 409.9071 and 1011.70 for
2748	the federal portion of the school district's allowable costs to
2749	deliver the services, based on the reimbursement schedule. The
2750	school district shall determine the costs for delivering
2751	services as authorized in ss. 409.9071 and 1011.70 for which the
2752	state match will be certified. Reimbursement of school-based
2753	providers is contingent on such providers being enrolled as
2754	Medicaid providers and meeting the qualifications contained in
2755	42 C.F.R. s. 440.110, unless otherwise waived by the federal
2756	Health Care Financing Administration. Speech therapy providers
2757	who are certified through the Department of Education pursuant
2758	to rule 6A-4.0176, Florida Administrative Code, are eligible for
2759	reimbursement for services that are provided on school premises.
2760	Any employee of the school district who has been fingerprinted
2761	and has received a criminal background check in accordance with
2762	Department of Education rules and guidelines shall be exempt
2763	from any agency requirements relating to criminal background
2764	checks.
2765	(22)  The agency shall request and implement Medicaid
2766	waivers from the federal Health Care Financing Administration to
2767	advance and treat a portion of the Medicaid nursing home per
2768	diem as capital for creating and operating a risk-retention
2769	group for self-insurance purposes, consistent with federal and
2770	state laws and rules.
2771	Section 74.  Section 409.912, Florida Statutes, is amended
2772	to read:
2773	409.912  Cost-effective purchasing of health care.--The
2774	agency shall purchase goods and services for Medicaid recipients
2775	in the most cost-effective manner consistent with the delivery
2776	of quality medical care. The agency shall maximize the use of
2777	prepaid per capita and prepaid aggregate fixed-sum basis
2778	services when appropriate and other alternative service delivery
2779	and reimbursement methodologies, including competitive bidding
2780	pursuant to part II of chapter 287 s. 287.057, designed to
2781	facilitate the cost-effective purchase of a case-managed
2782	continuum of care. The agency shall also require providers to
2783	minimize the exposure of recipients to the need for acute
2784	inpatient, custodial, and other institutional care and the
2785	inappropriate or unnecessary use of high-cost services. The
2786	agency may establish prior authorization requirements for
2787	certain populations of Medicaid beneficiaries, certain drug
2788	classes, or particular drugs to prevent fraud, abuse, overuse,
2789	and possible dangerous drug interactions. The Pharmaceutical and
2790	Therapeutics Committee shall make recommendations to the agency
2791	on drugs for which prior authorization is required. The agency
2792	shall inform the Pharmaceutical and Therapeutics Committee of
2793	its decisions regarding drugs subject to prior authorization.
2794	(1)  The agency shall work with the Department of Children
2795	and Family Services to ensure access of children and families in
2796	the child protection system to needed and appropriate mental
2797	health and substance abuse services.
2798	(2)  The agency may enter into agreements with appropriate
2799	agents of other state agencies or of any agency of the Federal
2800	Government and accept such duties in respect to social welfare
2801	or public aid as may be necessary to implement the provisions of
2802	Title XIX of the Social Security Act and ss. 409.901-409.920.
2803	(3)  The agency may contract with health maintenance
2804	organizations certified pursuant to part I of chapter 641 for
2805	the provision of services to recipients.
2806	(4)  The agency may contract with:
2807	(a)  An entity that provides no prepaid health care
2808	services other than Medicaid services under contract with the
2809	agency and which is owned and operated by a county, county
2810	health department, or county-owned and operated hospital to
2811	provide health care services on a prepaid or fixed-sum basis to
2812	recipients, which entity may provide such prepaid services
2813	either directly or through arrangements with other providers.
2814	Such prepaid health care services entities must be licensed
2815	under parts I and III by January 1, 1998, and until then are
2816	exempt from the provisions of part I of chapter 641. An entity
2817	recognized under this paragraph which demonstrates to the
2818	satisfaction of the Office of Insurance Regulation of the
2819	Financial Services Commission that it is backed by the full
2820	faith and credit of the county in which it is located may be
2821	exempted from s. 641.225.
2822	(b)  An entity that is providing comprehensive behavioral
2823	health care services to certain Medicaid recipients through a
2824	capitated, prepaid arrangement pursuant to the federal waiver
2825	provided for by s. 409.905(5). Such an entity must be licensed
2826	under chapter 624, chapter 636, or chapter 641 and must possess
2827	the clinical systems and operational competence to manage risk
2828	and provide comprehensive behavioral health care to Medicaid
2829	recipients. As used in this paragraph, the term "comprehensive
2830	behavioral health care services" means covered mental health and
2831	substance abuse treatment services that are available to
2832	Medicaid recipients. The secretary of the Department of Children
2833	and Family Services shall approve provisions of procurements
2834	related to children in the department's care or custody prior to
2835	enrolling such children in a prepaid behavioral health plan. Any
2836	contract awarded under this paragraph must be competitively
2837	procured. In developing the behavioral health care prepaid plan
2838	procurement document, the agency shall ensure that the
2839	procurement document requires the contractor to develop and
2840	implement a plan to ensure compliance with s. 394.4574 related
2841	to services provided to residents of licensed assisted living
2842	facilities that hold a limited mental health license. The agency
2843	shall seek federal approval to contract with a single entity
2844	meeting these requirements to provide comprehensive behavioral
2845	health care services to all Medicaid recipients in an AHCA area.
2846	Each entity must offer sufficient choice of providers in its
2847	network to ensure recipient access to care and the opportunity
2848	to select a provider with whom they are satisfied. The network
2849	shall include all public mental health hospitals. To ensure
2850	unimpaired access to behavioral health care services by Medicaid
2851	recipients, all contracts issued pursuant to this paragraph
2852	shall require 80 percent of the capitation paid to the managed
2853	care plan, including health maintenance organizations, to be
2854	expended for the provision of behavioral health care services.
2855	In the event the managed care plan expends less than 80 percent
2856	of the capitation paid pursuant to this paragraph for the
2857	provision of behavioral health care services, the difference
2858	shall be returned to the agency. The agency shall provide the
2859	managed care plan with a certification letter indicating the
2860	amount of capitation paid during each calendar year for the
2861	provision of behavioral health care services pursuant to this
2862	section. The agency may reimburse for substance abuse treatment
2863	services on a fee-for-service basis until the agency finds that
2864	adequate funds are available for capitated, prepaid
2865	arrangements.
2866	1.  By January 1, 2001, the agency shall modify the
2867	contracts with the entities providing comprehensive inpatient
2868	and outpatient mental health care services to Medicaid
2869	recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
2870	Counties, to include substance abuse treatment services.
2871	2.  By July 1, 2003, the agency and the Department of
2872	Children and Family Services shall execute a written agreement
2873	that requires collaboration and joint development of all policy,
2874	budgets, procurement documents, contracts, and monitoring plans
2875	that have an impact on the state and Medicaid community mental
2876	health and targeted case management programs.
2877	3.  By July 1, 2006, the agency and the Department of
2878	Children and Family Services shall contract with managed care
2879	entities in each AHCA area except area 6 or arrange to provide
2880	comprehensive inpatient and outpatient mental health and
2881	substance abuse services through capitated prepaid arrangements
2882	to all Medicaid recipients who are eligible to participate in
2883	such plans under federal law and regulation. In AHCA areas where
2884	eligible individuals number less than 150,000, the agency shall
2885	contract with a single managed care plan. The agency may
2886	contract with more than one plan in AHCA areas where the
2887	eligible population exceeds 150,000. Contracts awarded pursuant
2888	to this section shall be competitively procured. Both for-profit
2889	and not-for-profit corporations shall be eligible to compete.
2890	4.  By October 1, 2003, the agency and the department shall
2891	submit a plan to the Governor, the President of the Senate, and
2892	the Speaker of the House of Representatives which provides for
2893	the full implementation of capitated prepaid behavioral health
2894	care in all areas of the state. The plan shall include
2895	provisions which ensure that children and families receiving
2896	foster care and other related services are appropriately served
2897	and that these services assist the community-based care lead
2898	agencies in meeting the goals and outcomes of the child welfare
2899	system. The plan will be developed with the participation of
2900	community-based lead agencies, community alliances, sheriffs,
2901	and community providers serving dependent children.
2902	a.  Implementation shall begin in 2003 in those AHCA areas
2903	of the state where the agency is able to establish sufficient
2904	capitation rates.
2905	b.  If the agency determines that the proposed capitation
2906	rate in any area is insufficient to provide appropriate
2907	services, the agency may adjust the capitation rate to ensure
2908	that care will be available. The agency and the department may
2909	use existing general revenue to address any additional required
2910	match but may not over-obligate existing funds on an annualized
2911	basis.
2912	c.  Subject to any limitations provided for in the General
2913	Appropriations Act, the agency, in compliance with appropriate
2914	federal authorization, shall develop policies and procedures
2915	that allow for certification of local and state funds.
2916	5.  Children residing in a statewide inpatient psychiatric
2917	program, or in a Department of Juvenile Justice or a Department
2918	of Children and Family Services residential program approved as
2919	a Medicaid behavioral health overlay services provider shall not
2920	be included in a behavioral health care prepaid health plan
2921	pursuant to this paragraph.
2922	6.  In converting to a prepaid system of delivery, the
2923	agency shall in its procurement document require an entity
2924	providing comprehensive behavioral health care services to
2925	prevent the displacement of indigent care patients by enrollees
2926	in the Medicaid prepaid health plan providing behavioral health
2927	care services from facilities receiving state funding to provide
2928	indigent behavioral health care, to facilities licensed under
2929	chapter 395 which do not receive state funding for indigent
2930	behavioral health care, or reimburse the unsubsidized facility
2931	for the cost of behavioral health care provided to the displaced
2932	indigent care patient.
2933	7.  Traditional community mental health providers under
2934	contract with the Department of Children and Family Services
2935	pursuant to part IV of chapter 394, child welfare providers
2936	under contract with the Department of Children and Family
2937	Services, and inpatient mental health providers licensed
2938	pursuant to chapter 395 must be offered an opportunity to accept
2939	or decline a contract to participate in any provider network for
2940	prepaid behavioral health services.
2941	(c)  A federally qualified health center or an entity owned
2942	by one or more federally qualified health centers or an entity
2943	owned by other migrant and community health centers receiving
2944	non-Medicaid financial support from the Federal Government to
2945	provide health care services on a prepaid or fixed-sum basis to
2946	recipients. Such prepaid health care services entity must be
2947	licensed under parts I and III of chapter 641, but shall be
2948	prohibited from serving Medicaid recipients on a prepaid basis,
2949	until such licensure has been obtained. However, such an entity
2950	is exempt from s. 641.225 if the entity meets the requirements
2951	specified in subsections (15) and (16).
2952	(d)  A provider service network may be reimbursed on a fee-
2953	for-service or prepaid basis. A provider service network which
2954	is reimbursed by the agency on a prepaid basis shall be exempt
2955	from parts I and III of chapter 641, but must meet appropriate
2956	financial reserve, quality assurance, and patient rights
2957	requirements as established by the agency. The agency shall
2958	award contracts on a competitive bid basis and shall select
2959	bidders based upon price and quality of care. Medicaid
2960	recipients assigned to a demonstration project shall be chosen
2961	equally from those who would otherwise have been assigned to
2962	prepaid plans and MediPass. The agency is authorized to seek
2963	federal Medicaid waivers as necessary to implement the
2964	provisions of this section.
2965	(e)  An entity that provides comprehensive behavioral
2966	health care services to certain Medicaid recipients through an
2967	administrative services organization agreement. Such an entity
2968	must possess the clinical systems and operational competence to
2969	provide comprehensive health care to Medicaid recipients. As
2970	used in this paragraph, the term "comprehensive behavioral
2971	health care services" means covered mental health and substance
2972	abuse treatment services that are available to Medicaid
2973	recipients. Any contract awarded under this paragraph must be
2974	competitively procured. The agency must ensure that Medicaid
2975	recipients have available the choice of at least two managed
2976	care plans for their behavioral health care services.
2977	(f)  An entity that provides in-home physician services to
2978	test the cost-effectiveness of enhanced home-based medical care
2979	to Medicaid recipients with degenerative neurological diseases
2980	and other diseases or disabling conditions associated with high
2981	costs to Medicaid. The program shall be designed to serve very
2982	disabled persons and to reduce Medicaid reimbursed costs for
2983	inpatient, outpatient, and emergency department services. The
2984	agency shall contract with vendors on a risk-sharing basis.
2985	(g)  Children's provider networks that provide care
2986	coordination and care management for Medicaid-eligible pediatric
2987	patients, primary care, authorization of specialty care, and
2988	other urgent and emergency care through organized providers
2989	designed to service Medicaid eligibles under age 18 and
2990	pediatric emergency departments' diversion programs. The
2991	networks shall provide after-hour operations, including evening
2992	and weekend hours, to promote, when appropriate, the use of the
2993	children's networks rather than hospital emergency departments.
2994	(h)  An entity authorized in s. 430.205 to contract with
2995	the agency and the Department of Elderly Affairs to provide
2996	health care and social services on a prepaid or fixed-sum basis
2997	to elderly recipients. Such prepaid health care services
2998	entities are exempt from the provisions of part I of chapter 641
2999	for the first 3 years of operation. An entity recognized under
3000	this paragraph that demonstrates to the satisfaction of the
3001	Office of Insurance Regulation that it is backed by the full
3002	faith and credit of one or more counties in which it operates
3003	may be exempted from s. 641.225.
3004	(i)  A Children's Medical Services network, as defined in
3005	s. 391.021.
3006	(5)  By October 1, 2003, the agency and the department
3007	shall, to the extent feasible, develop a plan for implementing
3008	new Medicaid procedure codes for emergency and crisis care,
3009	supportive residential services, and other services designed to
3010	maximize the use of Medicaid funds for Medicaid-eligible
3011	recipients. The agency shall include in the agreement developed
3012	pursuant to subsection (4) a provision that ensures that the
3013	match requirements for these new procedure codes are met by
3014	certifying eligible general revenue or local funds that are
3015	currently expended on these services by the department with
3016	contracted alcohol, drug abuse, and mental health providers. The
3017	plan must describe specific procedure codes to be implemented, a
3018	projection of the number of procedures to be delivered during
3019	fiscal year 2003-2004, and a financial analysis that describes
3020	the certified match procedures, and accountability mechanisms,
3021	projects the earnings associated with these procedures, and
3022	describes the sources of state match. This plan may not be
3023	implemented in any part until approved by the Legislative Budget
3024	Commission. If such approval has not occurred by December 31,
3025	2003, the plan shall be submitted for consideration by the 2004
3026	Legislature.
3027	(6)  The agency may contract with any public or private
3028	entity otherwise authorized by this section on a prepaid or
3029	fixed-sum basis for the provision of health care services to
3030	recipients. An entity may provide prepaid services to
3031	recipients, either directly or through arrangements with other
3032	entities, if each entity involved in providing services:
3033	(a)  Is organized primarily for the purpose of providing
3034	health care or other services of the type regularly offered to
3035	Medicaid recipients;
3036	(b)  Ensures that services meet the standards set by the
3037	agency for quality, appropriateness, and timeliness;
3038	(c)  Makes provisions satisfactory to the agency for
3039	insolvency protection and ensures that neither enrolled Medicaid
3040	recipients nor the agency will be liable for the debts of the
3041	entity;
3042	(d)  Submits to the agency, if a private entity, a
3043	financial plan that the agency finds to be fiscally sound and
3044	that provides for working capital in the form of cash or
3045	equivalent liquid assets excluding revenues from Medicaid
3046	premium payments equal to at least the first 3 months of
3047	operating expenses or $200,000, whichever is greater;
3048	(e)  Furnishes evidence satisfactory to the agency of
3049	adequate liability insurance coverage or an adequate plan of
3050	self-insurance to respond to claims for injuries arising out of
3051	the furnishing of health care;
3052	(f)  Provides, through contract or otherwise, for periodic
3053	review of its medical facilities and services, as required by
3054	the agency; and
3055	(g)  Provides organizational, operational, financial, and
3056	other information required by the agency.
3057	(7)  The agency may contract on a prepaid or fixed-sum
3058	basis with any health insurer that:
3059	(a)  Pays for health care services provided to enrolled
3060	Medicaid recipients in exchange for a premium payment paid by
3061	the agency;
3062	(b)  Assumes the underwriting risk; and
3063	(c)  Is organized and licensed under applicable provisions
3064	of the Florida Insurance Code and is currently in good standing
3065	with the Office of Insurance Regulation.
3066	(8)  The agency may contract on a prepaid or fixed-sum
3067	basis with an exclusive provider organization to provide health
3068	care services to Medicaid recipients provided that the exclusive
3069	provider organization meets applicable managed care plan
3070	requirements in this section, ss. 409.9122, 409.9123, 409.9128,
3071	and 627.6472, and other applicable provisions of law.
3072	(9)  The Agency for Health Care Administration may provide
3073	cost-effective purchasing of chiropractic services on a fee-for-
3074	service basis to Medicaid recipients through arrangements with a
3075	statewide chiropractic preferred provider organization
3076	incorporated in this state as a not-for-profit corporation. The
3077	agency shall ensure that the benefit limits and prior
3078	authorization requirements in the current Medicaid program shall
3079	apply to the services provided by the chiropractic preferred
3080	provider organization.
3081	(10)  The agency shall not contract on a prepaid or fixed-
3082	sum basis for Medicaid services with an entity which knows or
3083	reasonably should know that any officer, director, agent,
3084	managing employee, or owner of stock or beneficial interest in
3085	excess of 5 percent common or preferred stock, or the entity
3086	itself, has been found guilty of, regardless of adjudication, or
3087	entered a plea of nolo contendere, or guilty, to:
3088	(a)  Fraud;
3089	(b)  Violation of federal or state antitrust statutes,
3090	including those proscribing price fixing between competitors and
3091	the allocation of customers among competitors;
3092	(c)  Commission of a felony involving embezzlement, theft,
3093	forgery, income tax evasion, bribery, falsification or
3094	destruction of records, making false statements, receiving
3095	stolen property, making false claims, or obstruction of justice;
3096	or
3097	(d)  Any crime in any jurisdiction which directly relates
3098	to the provision of health services on a prepaid or fixed-sum
3099	basis.
3100	(11)  The agency, after notifying the Legislature, may
3101	apply for waivers of applicable federal laws and regulations as
3102	necessary to implement more appropriate systems of health care
3103	for Medicaid recipients and reduce the cost of the Medicaid
3104	program to the state and federal governments and shall implement
3105	such programs, after legislative approval, within a reasonable
3106	period of time after federal approval. These programs must be
3107	designed primarily to reduce the need for inpatient care,
3108	custodial care and other long-term or institutional care, and
3109	other high-cost services.
3110	(a)  Prior to seeking legislative approval of such a waiver
3111	as authorized by this subsection, the agency shall provide
3112	notice and an opportunity for public comment. Notice shall be
3113	provided to all persons who have made requests of the agency for
3114	advance notice and shall be published in the Florida
3115	Administrative Weekly not less than 28 days prior to the
3116	intended action.
3117	(b)  Notwithstanding s. 216.292, funds that are
3118	appropriated to the Department of Elderly Affairs for the
3119	Assisted Living for the Elderly Medicaid waiver and are not
3120	expended shall be transferred to the agency to fund Medicaid-
3121	reimbursed nursing home care.
3122	(12)  The agency shall establish a postpayment utilization
3123	control program designed to identify recipients who may
3124	inappropriately overuse or underuse Medicaid services and shall
3125	provide methods to correct such misuse.
3126	(13)  The agency shall develop and provide coordinated
3127	systems of care for Medicaid recipients and may contract with
3128	public or private entities to develop and administer such
3129	systems of care among public and private health care providers
3130	in a given geographic area.
3131	(14)  The agency shall operate or contract for the
3132	operation of utilization management and incentive systems
3133	designed to encourage cost-effective use services.
3134	(15)(a)  The agency shall operate the Comprehensive
3135	Assessment and Review (CARES) nursing facility preadmission
3136	screening program to ensure that Medicaid payment for nursing
3137	facility care is made only for individuals whose conditions
3138	require such care and to ensure that long-term care services are
3139	provided in the setting most appropriate to the needs of the
3140	person and in the most economical manner possible. The CARES
3141	program shall also ensure that individuals participating in
3142	Medicaid home and community-based waiver programs meet criteria
3143	for those programs, consistent with approved federal waivers.
3144	(b)  The agency shall operate the CARES program through an
3145	interagency agreement with the Department of Elderly Affairs.
3146	(c)  Prior to making payment for nursing facility services
3147	for a Medicaid recipient, the agency must verify that the
3148	nursing facility preadmission screening program has determined
3149	that the individual requires nursing facility care and that the
3150	individual cannot be safely served in community-based programs.
3151	The nursing facility preadmission screening program shall refer
3152	a Medicaid recipient to a community-based program if the
3153	individual could be safely served at a lower cost and the
3154	recipient chooses to participate in such program.
3155	(d)  By January 1 of each year, the agency shall submit a
3156	report to the Legislature and the Office of Long-Term-Care
3157	Policy describing the operations of the CARES program. The
3158	report must describe:
3159	1.  Rate of diversion to community alternative programs;
3160	2.  CARES program staffing needs to achieve additional
3161	diversions;
3162	3.  Reasons the program is unable to place individuals in
3163	less restrictive settings when such individuals desired such
3164	services and could have been served in such settings;
3165	4.  Barriers to appropriate placement, including barriers
3166	due to policies or operations of other agencies or state-funded
3167	programs; and
3168	5.  Statutory changes necessary to ensure that individuals
3169	in need of long-term care services receive care in the least
3170	restrictive environment.
3171	(16)(a)  The agency shall identify health care utilization
3172	and price patterns within the Medicaid program which are not
3173	cost-effective or medically appropriate and assess the
3174	effectiveness of new or alternate methods of providing and
3175	monitoring service, and may implement such methods as it
3176	considers appropriate. Such methods may include disease
3177	management initiatives, an integrated and systematic approach
3178	for managing the health care needs of recipients who are at risk
3179	of or diagnosed with a specific disease by using best practices,
3180	prevention strategies, clinical-practice improvement, clinical
3181	interventions and protocols, outcomes research, information
3182	technology, and other tools and resources to reduce overall
3183	costs and improve measurable outcomes.
3184	(b)  The responsibility of the agency under this subsection
3185	shall include the development of capabilities to identify actual
3186	and optimal practice patterns; patient and provider educational
3187	initiatives; methods for determining patient compliance with
3188	prescribed treatments; fraud, waste, and abuse prevention and
3189	detection programs; and beneficiary case management programs.
3190	1.  The practice pattern identification program shall
3191	evaluate practitioner prescribing patterns based on national and
3192	regional practice guidelines, comparing practitioners to their
3193	peer groups. The agency and its Drug Utilization Review Board
3194	shall consult with a panel of practicing health care
3195	professionals consisting of the following: the Speaker of the
3196	House of Representatives and the President of the Senate shall
3197	each appoint three physicians licensed under chapter 458 or
3198	chapter 459; and the Governor shall appoint two pharmacists
3199	licensed under chapter 465 and one dentist licensed under
3200	chapter 466 who is an oral surgeon. Terms of the panel members
3201	shall expire at the discretion of the appointing official. The
3202	panel shall begin its work by August 1, 1999, regardless of the
3203	number of appointments made by that date. The advisory panel
3204	shall be responsible for evaluating treatment guidelines and
3205	recommending ways to incorporate their use in the practice
3206	pattern identification program. Practitioners who are
3207	prescribing inappropriately or inefficiently, as determined by
3208	the agency, may have their prescribing of certain drugs subject
3209	to prior authorization.
3210	2.  The agency shall also develop educational interventions
3211	designed to promote the proper use of medications by providers
3212	and beneficiaries.
3213	3.  The agency shall implement a pharmacy fraud, waste, and
3214	abuse initiative that may include a surety bond or letter of
3215	credit requirement for participating pharmacies, enhanced
3216	provider auditing practices, the use of additional fraud and
3217	abuse software, recipient management programs for beneficiaries
3218	inappropriately using their benefits, and other steps that will
3219	eliminate provider and recipient fraud, waste, and abuse. The
3220	initiative shall address enforcement efforts to reduce the
3221	number and use of counterfeit prescriptions.
3222	4.  By September 30, 2002, the agency shall contract with
3223	an entity in the state to implement a wireless handheld clinical
3224	pharmacology drug information database for practitioners. The
3225	initiative shall be designed to enhance the agency's efforts to
3226	reduce fraud, abuse, and errors in the prescription drug benefit
3227	program and to otherwise further the intent of this paragraph.
3228	5.  The agency may apply for any federal waivers needed to
3229	implement this paragraph.
3230	(17)  An entity contracting on a prepaid or fixed-sum basis
3231	shall, in addition to meeting any applicable statutory surplus
3232	requirements, also maintain at all times in the form of cash,
3233	investments that mature in less than 180 days allowable as
3234	admitted assets by the Office of Insurance Regulation, and
3235	restricted funds or deposits controlled by the agency or the
3236	Office of Insurance Regulation, a surplus amount equal to one-
3237	and-one-half times the entity's monthly Medicaid prepaid
3238	revenues. As used in this subsection, the term "surplus" means
3239	the entity's total assets minus total liabilities. If an
3240	entity's surplus falls below an amount equal to one-and-one-half
3241	times the entity's monthly Medicaid prepaid revenues, the agency
3242	shall prohibit the entity from engaging in marketing and
3243	preenrollment activities, shall cease to process new
3244	enrollments, and shall not renew the entity's contract until the
3245	required balance is achieved. The requirements of this
3246	subsection do not apply:
3247	(a)  Where a public entity agrees to fund any deficit
3248	incurred by the contracting entity; or
3249	(b)  Where the entity's performance and obligations are
3250	guaranteed in writing by a guaranteeing organization which:
3251	1.  Has been in operation for at least 5 years and has
3252	assets in excess of $50 million; or
3253	2.  Submits a written guarantee acceptable to the agency
3254	which is irrevocable during the term of the contracting entity's
3255	contract with the agency and, upon termination of the contract,
3256	until the agency receives proof of satisfaction of all
3257	outstanding obligations incurred under the contract.
3258	(18)(a)  The agency may require an entity contracting on a
3259	prepaid or fixed-sum basis to establish a restricted insolvency
3260	protection account with a federally guaranteed financial
3261	institution licensed to do business in this state. The entity
3262	shall deposit into that account 5 percent of the capitation
3263	payments made by the agency each month until a maximum total of
3264	2 percent of the total current contract amount is reached. The
3265	restricted insolvency protection account may be drawn upon with
3266	the authorized signatures of two persons designated by the
3267	entity and two representatives of the agency. If the agency
3268	finds that the entity is insolvent, the agency may draw upon the
3269	account solely with the two authorized signatures of
3270	representatives of the agency, and the funds may be disbursed to
3271	meet financial obligations incurred by the entity under the
3272	prepaid contract. If the contract is terminated, expired, or not
3273	continued, the account balance must be released by the agency to
3274	the entity upon receipt of proof of satisfaction of all
3275	outstanding obligations incurred under this contract.
3276	(b)  The agency may waive the insolvency protection account
3277	requirement in writing when evidence is on file with the agency
3278	of adequate insolvency insurance and reinsurance that will
3279	protect enrollees if the entity becomes unable to meet its
3280	obligations.
3281	(19)  An entity that contracts with the agency on a prepaid
3282	or fixed-sum basis for the provision of Medicaid services shall
3283	reimburse any hospital or physician that is outside the entity's
3284	authorized geographic service area as specified in its contract
3285	with the agency, and that provides services authorized by the
3286	entity to its members, at a rate negotiated with the hospital or
3287	physician for the provision of services or according to the
3288	lesser of the following:
3289	(a)  The usual and customary charges made to the general
3290	public by the hospital or physician; or
3291	(b)  The Florida Medicaid reimbursement rate established
3292	for the hospital or physician.
3293	(20)  When a merger or acquisition of a Medicaid prepaid
3294	contractor has been approved by the Office of Insurance
3295	Regulation pursuant to s. 628.4615, the agency shall approve the
3296	assignment or transfer of the appropriate Medicaid prepaid
3297	contract upon request of the surviving entity of the merger or
3298	acquisition if the contractor and the other entity have been in
3299	good standing with the agency for the most recent 12-month
3300	period, unless the agency determines that the assignment or
3301	transfer would be detrimental to the Medicaid recipients or the
3302	Medicaid program. To be in good standing, an entity must not
3303	have failed accreditation or committed any material violation of
3304	the requirements of s. 641.52 and must meet the Medicaid
3305	contract requirements. For purposes of this section, a merger or
3306	acquisition means a change in controlling interest of an entity,
3307	including an asset or stock purchase.
3308	(21)  Any entity contracting with the agency pursuant to
3309	this section to provide health care services to Medicaid
3310	recipients is prohibited from engaging in any of the following
3311	practices or activities:
3312	(a)  Practices that are discriminatory, including, but not
3313	limited to, attempts to discourage participation on the basis of
3314	actual or perceived health status.
3315	(b)  Activities that could mislead or confuse recipients,
3316	or misrepresent the organization, its marketing representatives,
3317	or the agency. Violations of this paragraph include, but are not
3318	limited to:
3319	1.  False or misleading claims that marketing
3320	representatives are employees or representatives of the state or
3321	county, or of anyone other than the entity or the organization
3322	by whom they are reimbursed.
3323	2.  False or misleading claims that the entity is
3324	recommended or endorsed by any state or county agency, or by any
3325	other organization which has not certified its endorsement in
3326	writing to the entity.
3327	3.  False or misleading claims that the state or county
3328	recommends that a Medicaid recipient enroll with an entity.
3329	4.  Claims that a Medicaid recipient will lose benefits
3330	under the Medicaid program, or any other health or welfare
3331	benefits to which the recipient is legally entitled, if the
3332	recipient does not enroll with the entity.
3333	(c)  Granting or offering of any monetary or other valuable
3334	consideration for enrollment, except as authorized by subsection
3335	(22).
3336	(d)  Door-to-door solicitation of recipients who have not
3337	contacted the entity or who have not invited the entity to make
3338	a presentation.
3339	(e)  Solicitation of Medicaid recipients by marketing
3340	representatives stationed in state offices unless approved and
3341	supervised by the agency or its agent and approved by the
3342	affected state agency when solicitation occurs in an office of
3343	the state agency. The agency shall ensure that marketing
3344	representatives stationed in state offices shall market their
3345	managed care plans to Medicaid recipients only in designated
3346	areas and in such a way as to not interfere with the recipients'
3347	activities in the state office.
3348	(f)  Enrollment of Medicaid recipients.
3349	(22)  The agency may impose a fine for a violation of this
3350	section or the contract with the agency by a person or entity
3351	that is under contract with the agency. With respect to any
3352	nonwillful violation, such fine shall not exceed $2,500 per
3353	violation. In no event shall such fine exceed an aggregate
3354	amount of $10,000 for all nonwillful violations arising out of
3355	the same action. With respect to any knowing and willful
3356	violation of this section or the contract with the agency, the
3357	agency may impose a fine upon the entity in an amount not to
3358	exceed $20,000 for each such violation. In no event shall such
3359	fine exceed an aggregate amount of $100,000 for all knowing and
3360	willful violations arising out of the same action.
3361	(23)  A health maintenance organization or a person or
3362	entity exempt from chapter 641 that is under contract with the
3363	agency for the provision of health care services to Medicaid
3364	recipients may not use or distribute marketing materials used to
3365	solicit Medicaid recipients, unless such materials have been
3366	approved by the agency. The provisions of this subsection do not
3367	apply to general advertising and marketing materials used by a
3368	health maintenance organization to solicit both non-Medicaid
3369	subscribers and Medicaid recipients.
3370	(24)  Upon approval by the agency, health maintenance
3371	organizations and persons or entities exempt from chapter 641
3372	that are under contract with the agency for the provision of
3373	health care services to Medicaid recipients may be permitted
3374	within the capitation rate to provide additional health benefits
3375	that the agency has found are of high quality, are practicably
3376	available, provide reasonable value to the recipient, and are
3377	provided at no additional cost to the state.
3378	(25)  The agency shall utilize the statewide health
3379	maintenance organization complaint hotline for the purpose of
3380	investigating and resolving Medicaid and prepaid health plan
3381	complaints, maintaining a record of complaints and confirmed
3382	problems, and receiving disenrollment requests made by
3383	recipients.
3384	(26)  The agency shall require the publication of the
3385	health maintenance organization's and the prepaid health plan's
3386	consumer services telephone numbers and the "800" telephone
3387	number of the statewide health maintenance organization
3388	complaint hotline on each Medicaid identification card issued by
3389	a health maintenance organization or prepaid health plan
3390	contracting with the agency to serve Medicaid recipients and on
3391	each subscriber handbook issued to a Medicaid recipient.
3392	(27)  The agency shall establish a health care quality
3393	improvement system for those entities contracting with the
3394	agency pursuant to this section, incorporating all the standards
3395	and guidelines developed by the Medicaid Bureau of the Health
3396	Care Financing Administration as a part of the quality assurance
3397	reform initiative. The system shall include, but need not be
3398	limited to, the following:
3399	(a)  Guidelines for internal quality assurance programs,
3400	including standards for:
3401	1.  Written quality assurance program descriptions.
3402	2.  Responsibilities of the governing body for monitoring,
3403	evaluating, and making improvements to care.
3404	3.  An active quality assurance committee.
3405	4.  Quality assurance program supervision.
3406	5.  Requiring the program to have adequate resources to
3407	effectively carry out its specified activities.
3408	6.  Provider participation in the quality assurance
3409	program.
3410	7.  Delegation of quality assurance program activities.
3411	8.  Credentialing and recredentialing.
3412	9.  Enrollee rights and responsibilities.
3413	10.  Availability and accessibility to services and care.
3414	11.  Ambulatory care facilities.
3415	12.  Accessibility and availability of medical records, as
3416	well as proper recordkeeping and process for record review.
3417	13.  Utilization review.
3418	14.  A continuity of care system.
3419	15.  Quality assurance program documentation.
3420	16.  Coordination of quality assurance activity with other
3421	management activity.
3422	17.  Delivering care to pregnant women and infants; to
3423	elderly and disabled recipients, especially those who are at
3424	risk of institutional placement; to persons with developmental
3425	disabilities; and to adults who have chronic, high-cost medical
3426	conditions.
3427	(b)  Guidelines which require the entities to conduct
3428	quality-of-care studies which:
3429	1.  Target specific conditions and specific health service
3430	delivery issues for focused monitoring and evaluation.
3431	2.  Use clinical care standards or practice guidelines to
3432	objectively evaluate the care the entity delivers or fails to
3433	deliver for the targeted clinical conditions and health services
3434	delivery issues.
3435	3.  Use quality indicators derived from the clinical care
3436	standards or practice guidelines to screen and monitor care and
3437	services delivered.
3438	(c)  Guidelines for external quality review of each
3439	contractor which require: focused studies of patterns of care;
3440	individual care review in specific situations; and followup
3441	activities on previous pattern-of-care study findings and
3442	individual-care-review findings. In designing the external
3443	quality review function and determining how it is to operate as
3444	part of the state's overall quality improvement system, the
3445	agency shall construct its external quality review organization
3446	and entity contracts to address each of the following:
3447	1.  Delineating the role of the external quality review
3448	organization.
3449	2.  Length of the external quality review organization
3450	contract with the state.
3451	3.  Participation of the contracting entities in designing
3452	external quality review organization review activities.
3453	4.  Potential variation in the type of clinical conditions
3454	and health services delivery issues to be studied at each plan.
3455	5.  Determining the number of focused pattern-of-care
3456	studies to be conducted for each plan.
3457	6.  Methods for implementing focused studies.
3458	7.  Individual care review.
3459	8.  Followup activities.
3460	(28)  In order to ensure that children receive health care
3461	services for which an entity has already been compensated, an
3462	entity contracting with the agency pursuant to this section
3463	shall achieve an annual Early and Periodic Screening, Diagnosis,
3464	and Treatment (EPSDT) Service screening rate of at least 60
3465	percent for those recipients continuously enrolled for at least
3466	8 months. The agency shall develop a method by which the EPSDT
3467	screening rate shall be calculated. For any entity which does
3468	not achieve the annual 60 percent rate, the entity must submit a
3469	corrective action plan for the agency's approval. If the entity
3470	does not meet the standard established in the corrective action
3471	plan during the specified timeframe, the agency is authorized to
3472	impose appropriate contract sanctions. At least annually, the
3473	agency shall publicly release the EPSDT Services screening rates
3474	of each entity it has contracted with on a prepaid basis to
3475	serve Medicaid recipients.
3476	(29)  The agency shall perform enrollments and
3477	disenrollments for Medicaid recipients who are eligible for
3478	MediPass or managed care plans. Notwithstanding the prohibition
3479	contained in paragraph (19)(f), managed care plans may perform
3480	preenrollments of Medicaid recipients under the supervision of
3481	the agency or its agents. For the purposes of this section,
3482	"preenrollment" means the provision of marketing and educational
3483	materials to a Medicaid recipient and assistance in completing
3484	the application forms, but shall not include actual enrollment
3485	into a managed care plan. An application for enrollment shall
3486	not be deemed complete until the agency or its agent verifies
3487	that the recipient made an informed, voluntary choice. The
3488	agency, in cooperation with the Department of Children and
3489	Family Services, may test new marketing initiatives to inform
3490	Medicaid recipients about their managed care options at selected
3491	sites. The agency shall report to the Legislature on the
3492	effectiveness of such initiatives. The agency may contract with
3493	a third party to perform managed care plan and MediPass
3494	enrollment and disenrollment services for Medicaid recipients
3495	and is authorized to adopt rules to implement such services. The
3496	agency may adjust the capitation rate only to cover the costs of
3497	a third-party enrollment and disenrollment contract, and for
3498	agency supervision and management of the managed care plan
3499	enrollment and disenrollment contract.
3500	(30)  Any lists of providers made available to Medicaid
3501	recipients, MediPass enrollees, or managed care plan enrollees
3502	shall be arranged alphabetically showing the provider's name and
3503	specialty and, separately, by specialty in alphabetical order.
3504	(31)  The agency shall establish an enhanced managed care
3505	quality assurance oversight function, to include at least the
3506	following components:
3507	(a)  At least quarterly analysis and followup, including
3508	sanctions as appropriate, of managed care participant
3509	utilization of services.
3510	(b)  At least quarterly analysis and followup, including
3511	sanctions as appropriate, of quality findings of the Medicaid
3512	peer review organization and other external quality assurance
3513	programs.
3514	(c)  At least quarterly analysis and followup, including
3515	sanctions as appropriate, of the fiscal viability of managed
3516	care plans.
3517	(d)  At least quarterly analysis and followup, including
3518	sanctions as appropriate, of managed care participant
3519	satisfaction and disenrollment surveys.
3520	(e)  The agency shall conduct regular and ongoing Medicaid
3521	recipient satisfaction surveys.
3522	The analyses and followup activities conducted by the
3523	agency under its enhanced managed care quality assurance
3524	oversight function shall not duplicate the activities of
3525	accreditation reviewers for entities regulated under part III of
3526	chapter 641, but may include a review of the finding of such
3527	reviewers.
3528	(32)  Each managed care plan that is under contract with
3529	the agency to provide health care services to Medicaid
3530	recipients shall annually conduct a background check with the
3531	Florida Department of Law Enforcement of all persons with
3532	ownership interest of 5 percent or more or executive management
3533	responsibility for the managed care plan and shall submit to the
3534	agency information concerning any such person who has been found
3535	guilty of, regardless of adjudication, or has entered a plea of
3536	nolo contendere or guilty to, any of the offenses listed in s.
3537	435.03.
3538	(33)  The agency shall, by rule, develop a process whereby
3539	a Medicaid managed care plan enrollee who wishes to enter
3540	hospice care may be disenrolled from the managed care plan
3541	within 24 hours after contacting the agency regarding such
3542	request. The agency rule shall include a methodology for the
3543	agency to recoup managed care plan payments on a pro rata basis
3544	if payment has been made for the enrollment month when
3545	disenrollment occurs.
3546	(34)  The agency and entities which contract with the
3547	agency to provide health care services to Medicaid recipients
3548	under this section or s. 409.9122 must comply with the
3549	provisions of s. 641.513 in providing emergency services and
3550	care to Medicaid recipients and MediPass recipients.
3551	(35)  All entities providing health care services to
3552	Medicaid recipients shall make available, and encourage all
3553	pregnant women and mothers with infants to receive, and provide
3554	documentation in the medical records to reflect, the following:
3555	(a)  Healthy Start prenatal or infant screening.
3556	(b)  Healthy Start care coordination, when screening or
3557	other factors indicate need.
3558	(c)  Healthy Start enhanced services in accordance with the
3559	prenatal or infant screening results.
3560	(d)  Immunizations in accordance with recommendations of
3561	the Advisory Committee on Immunization Practices of the United
3562	States Public Health Service and the American Academy of
3563	Pediatrics, as appropriate.
3564	(e)  Counseling and services for family planning to all
3565	women and their partners.
3566	(f)  A scheduled postpartum visit for the purpose of
3567	voluntary family planning, to include discussion of all methods
3568	of contraception, as appropriate.
3569	(g)  Referral to the Special Supplemental Nutrition Program
3570	for Women, Infants, and Children (WIC).
3571	(36)  Any entity that provides Medicaid prepaid health plan
3572	services shall ensure the appropriate coordination of health
3573	care services with an assisted living facility in cases where a
3574	Medicaid recipient is both a member of the entity's prepaid
3575	health plan and a resident of the assisted living facility. If
3576	the entity is at risk for Medicaid targeted case management and
3577	behavioral health services, the entity shall inform the assisted
3578	living facility of the procedures to follow should an emergent
3579	condition arise.
3580	(37)  The agency may seek and implement federal waivers
3581	necessary to provide for cost-effective purchasing of home
3582	health services, private duty nursing services, transportation,
3583	independent laboratory services, and durable medical equipment
3584	and supplies through competitive bidding pursuant to part II of
3585	chapter 287 s. 287.057. The agency may request appropriate
3586	waivers from the federal Health Care Financing Administration in
3587	order to competitively bid such services. The agency may exclude
3588	providers not selected through the bidding process from the
3589	Medicaid provider network.
3590	(38)  The Agency for Health Care Administration is directed
3591	to issue a request for proposal or intent to negotiate to
3592	implement on a demonstration basis an outpatient specialty
3593	services pilot project in a rural and urban county in the state.
3594	As used in this subsection, the term "outpatient specialty
3595	services" means clinical laboratory, diagnostic imaging, and
3596	specified home medical services to include durable medical
3597	equipment, prosthetics and orthotics, and infusion therapy.
3598	(a)  The entity that is awarded the contract to provide
3599	Medicaid managed care outpatient specialty services must, at a
3600	minimum, meet the following criteria:
3601	1.  The entity must be licensed by the Office of Insurance
3602	Regulation under part II of chapter 641.
3603	2.  The entity must be experienced in providing outpatient
3604	specialty services.
3605	3.  The entity must demonstrate to the satisfaction of the
3606	agency that it provides high-quality services to its patients.
3607	4.  The entity must demonstrate that it has in place a
3608	complaints and grievance process to assist Medicaid recipients
3609	enrolled in the pilot managed care program to resolve complaints
3610	and grievances.
3611	(b)  The pilot managed care program shall operate for a
3612	period of 3 years. The objective of the pilot program shall be
3613	to determine the cost-effectiveness and effects on utilization,
3614	access, and quality of providing outpatient specialty services
3615	to Medicaid recipients on a prepaid, capitated basis.
3616	(c)  The agency shall conduct a quality assurance review of
3617	the prepaid health clinic each year that the demonstration
3618	program is in effect. The prepaid health clinic is responsible
3619	for all expenses incurred by the agency in conducting a quality
3620	assurance review.
3621	(d)  The entity that is awarded the contract to provide
3622	outpatient specialty services to Medicaid recipients shall
3623	report data required by the agency in a format specified by the
3624	agency, for the purpose of conducting the evaluation required in
3625	paragraph (e).
3626	(e)  The agency shall conduct an evaluation of the pilot
3627	managed care program and report its findings to the Governor and
3628	the Legislature by no later than January 1, 2001.
3629	(39)  The agency shall enter into agreements with not-for-
3630	profit organizations based in this state for the purpose of
3631	providing vision screening.
3632	(40)(a)  The agency shall implement a Medicaid prescribed-
3633	drug spending-control program that includes the following
3634	components:
3635	1.  Medicaid prescribed-drug coverage for brand-name drugs
3636	for adult Medicaid recipients is limited to the dispensing of
3637	four brand-name drugs per month per recipient. Children are
3638	exempt from this restriction. Antiretroviral agents are excluded
3639	from this limitation. No requirements for prior authorization or
3640	other restrictions on medications used to treat mental illnesses
3641	such as schizophrenia, severe depression, or bipolar disorder
3642	may be imposed on Medicaid recipients. Medications that will be
3643	available without restriction for persons with mental illnesses
3644	include atypical antipsychotic medications, conventional
3645	antipsychotic medications, selective serotonin reuptake
3646	inhibitors, and other medications used for the treatment of
3647	serious mental illnesses. The agency shall also limit the amount
3648	of a prescribed drug dispensed to no more than a 34-day supply.
3649	The agency shall continue to provide unlimited generic drugs,
3650	contraceptive drugs and items, and diabetic supplies. Although a
3651	drug may be included on the preferred drug formulary, it would
3652	not be exempt from the four-brand limit. The agency may
3653	authorize exceptions to the brand-name-drug restriction based
3654	upon the treatment needs of the patients, only when such
3655	exceptions are based on prior consultation provided by the
3656	agency or an agency contractor, but the agency must establish
3657	procedures to ensure that:
3658	a.  There will be a response to a request for prior
3659	consultation by telephone or other telecommunication device
3660	within 24 hours after receipt of a request for prior
3661	consultation;
3662	b.  A 72-hour supply of the drug prescribed will be
3663	provided in an emergency or when the agency does not provide a
3664	response within 24 hours as required by sub-subparagraph a.; and
3665	c.  Except for the exception for nursing home residents and
3666	other institutionalized adults and except for drugs on the
3667	restricted formulary for which prior authorization may be sought
3668	by an institutional or community pharmacy, prior authorization
3669	for an exception to the brand-name-drug restriction is sought by
3670	the prescriber and not by the pharmacy. When prior authorization
3671	is granted for a patient in an institutional setting beyond the
3672	brand-name-drug restriction, such approval is authorized for 12
3673	months and monthly prior authorization is not required for that
3674	patient.
3675	2.  Reimbursement to pharmacies for Medicaid prescribed
3676	drugs shall be set at the average wholesale price less 13.25
3677	percent.
3678	3.  The agency shall develop and implement a process for
3679	managing the drug therapies of Medicaid recipients who are using
3680	significant numbers of prescribed drugs each month. The
3681	management process may include, but is not limited to,
3682	comprehensive, physician-directed medical-record reviews, claims
3683	analyses, and case evaluations to determine the medical
3684	necessity and appropriateness of a patient's treatment plan and
3685	drug therapies. The agency may contract with a private
3686	organization to provide drug-program-management services. The
3687	Medicaid drug benefit management program shall include
3688	initiatives to manage drug therapies for HIV/AIDS patients,
3689	patients using 20 or more unique prescriptions in a 180-day
3690	period, and the top 1,000 patients in annual spending.
3691	4.  The agency may limit the size of its pharmacy network
3692	based on need, competitive bidding, price negotiations,
3693	credentialing, or similar criteria. The agency shall give
3694	special consideration to rural areas in determining the size and
3695	location of pharmacies included in the Medicaid pharmacy
3696	network. A pharmacy credentialing process may include criteria
3697	such as a pharmacy's full-service status, location, size,
3698	patient educational programs, patient consultation, disease-
3699	management services, and other characteristics. The agency may
3700	impose a moratorium on Medicaid pharmacy enrollment when it is
3701	determined that it has a sufficient number of Medicaid-
3702	participating providers.
3703	5.  The agency shall develop and implement a program that
3704	requires Medicaid practitioners who prescribe drugs to use a
3705	counterfeit-proof prescription pad for Medicaid prescriptions.
3706	The agency shall require the use of standardized counterfeit-
3707	proof prescription pads by Medicaid-participating prescribers or
3708	prescribers who write prescriptions for Medicaid recipients. The
3709	agency may implement the program in targeted geographic areas or
3710	statewide.
3711	6.  The agency may enter into arrangements that require
3712	manufacturers of generic drugs prescribed to Medicaid recipients
3713	to provide rebates of at least 15.1 percent of the average
3714	manufacturer price for the manufacturer's generic products.
3715	These arrangements shall require that if a generic-drug
3716	manufacturer pays federal rebates for Medicaid-reimbursed drugs
3717	at a level below 15.1 percent, the manufacturer must provide a
3718	supplemental rebate to the state in an amount necessary to
3719	achieve a 15.1-percent rebate level.
3720	7.  The agency may establish a preferred drug formulary in
3721	accordance with 42 U.S.C. s. 1396r-8, and, pursuant to the
3722	establishment of such formulary, it is authorized to negotiate
3723	supplemental rebates from manufacturers that are in addition to
3724	those required by Title XIX of the Social Security Act and at no
3725	less than 10 percent of the average manufacturer price as
3726	defined in 42 U.S.C. s. 1936 on the last day of a quarter unless
3727	the federal or supplemental rebate, or both, equals or exceeds
3728	25 percent. There is no upper limit on the supplemental rebates
3729	the agency may negotiate. The agency may determine that specific
3730	products, brand-name or generic, are competitive at lower rebate
3731	percentages. Agreement to pay the minimum supplemental rebate
3732	percentage will guarantee a manufacturer that the Medicaid
3733	Pharmaceutical and Therapeutics Committee will consider a
3734	product for inclusion on the preferred drug formulary. However,
3735	a pharmaceutical manufacturer is not guaranteed placement on the
3736	formulary by simply paying the minimum supplemental rebate.
3737	Agency decisions will be made on the clinical efficacy of a drug
3738	and recommendations of the Medicaid Pharmaceutical and
3739	Therapeutics Committee, as well as the price of competing
3740	products minus federal and state rebates. The agency is
3741	authorized to contract with an outside agency or contractor to
3742	conduct negotiations for supplemental rebates. For the purposes
3743	of this section, the term "supplemental rebates" may include, at
3744	the agency's discretion, cash rebates and other program benefits
3745	that offset a Medicaid expenditure. Such other program benefits
3746	may include, but are not limited to, disease management
3747	programs, drug product donation programs, drug utilization
3748	control programs, prescriber and beneficiary counseling and
3749	education, fraud and abuse initiatives, and other services or
3750	administrative investments with guaranteed savings to the
3751	Medicaid program in the same year the rebate reduction is
3752	included in the General Appropriations Act. The agency is
3753	authorized to seek any federal waivers to implement this
3754	initiative.
3755	8.  The agency shall establish an advisory committee for
3756	the purposes of studying the feasibility of using a restricted
3757	drug formulary for nursing home residents and other
3758	institutionalized adults. The committee shall be comprised of
3759	seven members appointed by the Secretary of Health Care
3760	Administration. The committee members shall include two
3761	physicians licensed under chapter 458 or chapter 459; three
3762	pharmacists licensed under chapter 465 and appointed from a list
3763	of recommendations provided by the Florida Long-Term Care
3764	Pharmacy Alliance; and two pharmacists licensed under chapter
3765	465.
3766	9.  The Agency for Health Care Administration shall expand
3767	home delivery of pharmacy products. To assist Medicaid patients
3768	in securing their prescriptions and reduce program costs, the
3769	agency shall expand its current mail-order-pharmacy diabetes-
3770	supply program to include all generic and brand-name drugs used
3771	by Medicaid patients with diabetes. Medicaid recipients in the
3772	current program may obtain nondiabetes drugs on a voluntary
3773	basis. This initiative is limited to the geographic area covered
3774	by the current contract. The agency may seek and implement any
3775	federal waivers necessary to implement this subparagraph.
3776	(b)  The agency shall implement this subsection to the
3777	extent that funds are appropriated to administer the Medicaid
3778	prescribed-drug spending-control program. The agency may
3779	contract all or any part of this program to private
3780	organizations.
3781	(c)  The agency shall submit quarterly reports to the
3782	Governor, the President of the Senate, and the Speaker of the
3783	House of Representatives which must include, but need not be
3784	limited to, the progress made in implementing this subsection
3785	and its effect on Medicaid prescribed-drug expenditures.
3786	(41)  Notwithstanding the provisions of chapter 287, the
3787	agency may, at its discretion, renew a contract or contracts for
3788	fiscal intermediary services one or more times for such periods
3789	as the agency may decide; however, all such renewals may not
3790	combine to exceed a total period longer than the term of the
3791	original contract.
3792	(42)  The agency shall provide for the development of a
3793	demonstration project by establishment in Miami-Dade County of a
3794	long-term-care facility licensed pursuant to chapter 395 to
3795	improve access to health care for a predominantly minority,
3796	medically underserved, and medically complex population and to
3797	evaluate alternatives to nursing home care and general acute
3798	care for such population. Such project is to be located in a
3799	health care condominium and colocated with licensed facilities
3800	providing a continuum of care. The establishment of this project
3801	is not subject to the provisions of s. 408.036 or s. 408.039.
3802	The agency shall report its findings to the Governor, the
3803	President of the Senate, and the Speaker of the House of
3804	Representatives by January 1, 2003.
3805	(43)  The agency shall develop and implement a utilization
3806	management program for Medicaid-eligible recipients for the
3807	management of occupational, physical, respiratory, and speech
3808	therapies. The agency shall establish a utilization program that
3809	may require prior authorization in order to ensure medically
3810	necessary and cost-effective treatments. The program shall be
3811	operated in accordance with a federally approved waiver program
3812	or state plan amendment. The agency may seek a federal waiver or
3813	state plan amendment to implement this program. The agency may
3814	also competitively procure these services from an outside vendor
3815	on a regional or statewide basis.
3816	(44)  The agency may contract on a prepaid or fixed-sum
3817	basis with appropriately licensed prepaid dental health plans to
3818	provide dental services.
3819	Section 75.  Paragraph (e) of subsection (5) of section
3820	411.01, Florida Statutes, is amended to read:
3821	411.01  Florida Partnership for School Readiness; school
3822	readiness coalitions.--
3823	(5)  CREATION OF SCHOOL READINESS COALITIONS.--
3824	(e)  Requests for proposals; payment schedule.--
3825	1.  At least once every 3 years, beginning July 1, 2001,
3826	each coalition must follow the competitive procurement
3827	requirements of part II of chapter 287 s. 287.057 for school
3828	readiness programs.
3829	2.  Each coalition shall develop a payment schedule that
3830	encompasses all programs funded by that coalition. The payment
3831	schedule must take into consideration the relevant market rate,
3832	must include the projected number of children to be served, and
3833	must be submitted to the partnership for information. Informal
3834	child care arrangements shall be reimbursed at not more than 50
3835	percent of the rate developed for family childcare.
3836	Section 76.  Subsection (2) of section 413.036, Florida
3837	Statutes, is amended to read:
3838	413.036  Procurement of services by agencies; authority of
3839	department.--
3840	(2)  The provisions of parts I-VII part I of chapter 287 do
3841	not apply to any purchase of commodities or contractual services
3842	made by any legislative, executive, or judicial agency of the
3843	state from a qualified nonprofit agency for the blind or for the
3844	other severely handicapped.
3845	Section 77.  Section 420.0006, Florida Statutes, is amended
3846	to read:
3847	420.0006  Authority to contract with corporation; contract
3848	requirements; nonperformance.--The secretary of the department
3849	shall contract, notwithstanding the provisions of parts I-VII
3850	part I of chapter 287, with the Florida Housing Finance
3851	Corporation on a multiyear basis to stimulate, provide, and
3852	foster affordable housing in the state. The contract must
3853	incorporate the performance measures required by s. 420.511 and
3854	must be consistent with the provisions of the corporation's
3855	strategic plan prepared in accordance with s. 420.511 and
3856	compatible with s. 216.0166. The contract must provide that, in
3857	the event the corporation fails to comply with any of the
3858	performance measures required by s. 420.511, the secretary shall
3859	notify the Governor and shall refer the nonperformance to the
3860	department's inspector general for review and determination as
3861	to whether such failure is due to forces beyond the
3862	corporation's control or whether such failure is due to
3863	inadequate management of the corporation's resources. Advances
3864	shall continue to be made pursuant to s. 420.0005 during the
3865	pendency of the review by the department's inspector general. If
3866	such failure is due to outside forces, it shall not be deemed a
3867	violation of the contract. If such failure is due to inadequate
3868	management, the department's inspector general shall provide
3869	recommendations regarding solutions. The Governor is authorized
3870	to resolve any differences of opinion with respect to
3871	performance under the contract and may request that advances
3872	continue in the event of a failure under the contract due to
3873	inadequate management. The Chief Financial Officer shall approve
3874	the request absent a finding by the Chief Financial Officer that
3875	continuing such advances would adversely impact the state;
3876	however, in any event the Chief Financial Officer shall provide
3877	advances sufficient to meet the debt service requirements of the
3878	corporation and sufficient to fund contracts committing funds
3879	from the State Housing Trust Fund so long as such contracts are
3880	in accordance with the laws of this state. The department
3881	inspector general shall perform for the corporation the
3882	functions set forth in s. 20.055 and report to the secretary of
3883	the department. The corporation shall be deemed an agency for
3884	the purposes of s. 20.055.
3885	Section 78.  Subsection (27) of section 420.507, Florida
3886	Statutes, is amended to read:
3887	420.507  Powers of the corporation.--The corporation shall
3888	have all the powers necessary or convenient to carry out and
3889	effectuate the purposes and provisions of this part, including
3890	the following powers which are in addition to all other powers
3891	granted by other provisions of this part:
3892	(27)  Notwithstanding the provisions of chapter 282 and
3893	parts I-VII part I of chapter 287, to establish guidelines for
3894	and to implement the purchase and procurement of materials and
3895	services for use by the corporation.
3896	Section 79.  Subsections (4) and (5) of section 430.502,
3897	Florida Statutes, are amended to read:
3898	430.502  Alzheimer's disease; memory disorder clinics and
3899	day care and respite care programs.--
3900	(4)  Pursuant to the provisions of part II of chapter 287
3901	s. 287.057, the Department of Elderly Affairs may contract for
3902	the provision of specialized model day care programs in
3903	conjunction with the memory disorder clinics. The purpose of
3904	each model day care program must be to provide service delivery
3905	to persons suffering from Alzheimer's disease or a related
3906	memory disorder and training for health care and social service
3907	personnel in the care of persons having Alzheimer's disease or
3908	related memory disorders.
3909	(5)  Pursuant to part II of chapter 287 s. 287.057, the
3910	Department of Elderly Affairs shall contract for the provision
3911	of respite care. All funds appropriated for the provision of
3912	respite care shall be distributed annually by the department to
3913	each funded county according to an allocation formula. In
3914	developing the formula, the department shall consider the number
3915	and proportion of the county population of individuals who are
3916	75 years of age and older. Each respite care program shall be
3917	used as a resource for research and statistical data by the
3918	memory disorder clinics established in this part. In
3919	consultation with the memory disorder clinics, the department
3920	shall specify the information to be provided by the respite care
3921	programs for research purposes.
3922	Section 80.  Paragraph (c) of subsection (5) of section
3923	445.024, Florida Statutes, is amended to read:
3924	445.024  Work requirements.--
3925	(5)  USE OF CONTRACTS.--Regional workforce boards shall
3926	provide work activities, training, and other services, as
3927	appropriate, through contracts. In contracting for work
3928	activities, training, or services, the following applies:
3929	(c)  Notwithstanding the exemption from the competitive
3930	sealed bid requirements provided in s. 287.123 287.057(5)(f) for
3931	certain contractual services, each contract awarded under this
3932	chapter must be awarded on the basis of a competitive sealed
3933	bid, except for a contract with a governmental entity as
3934	determined by the regional workforce board.
3935	Section 81.  Subsection (2) of section 455.209, Florida
3936	Statutes, is amended to read:
3937	455.209  Accountability and liability of board members.--
3938	(2)  Each board member and each former board member serving
3939	on a probable cause panel shall be exempt from civil liability
3940	for any act or omission when acting in the member's official
3941	capacity, and the department shall defend any such member in any
3942	action against any board or member of a board arising from any
3943	such act or omission. In addition, the department may defend the
3944	member's company or business in any action against the company
3945	or business if the department determines that the actions from
3946	which the suit arises are actions taken by the member in the
3947	member's official capacity and were not beyond the member's
3948	statutory authority. In providing such defense, the department
3949	may employ or utilize the legal services of the Department of
3950	Legal Affairs or outside counsel retained pursuant to s. 287.127
3951	287.059. Fees and costs of providing legal services provided
3952	under this subsection shall be paid from the Professional
3953	Regulation Trust Fund, subject to the provisions of ss. 215.37
3954	and 455.219.
3955	Section 82.  Paragraphs (a) and (d) of subsection (2) of
3956	section 455.2177, Florida Statutes, are amended to read:
3957	455.2177  Monitoring of compliance with continuing
3958	education requirements.--
3959	(2)  If the compliance monitoring system required under
3960	this section is privatized, the following provisions apply:
3961	(a)  The department may contract pursuant to part II of
3962	chapter 287 s. 287.057 with a vendor or vendors for the
3963	monitoring of compliance with applicable continuing education
3964	requirements by all licensees within one or more professions
3965	regulated by the department. The contract shall include, but
3966	need not be limited to, the following terms and conditions:
3967	1.a.  The vendor shall create a computer database, in the
3968	form required by the department, that includes the continuing
3969	education status of each licensee and shall provide a report to
3970	the department within 90 days after the vendor receives the list
3971	of licensees to be monitored as provided in sub-subparagraph b.
3972	The report shall be in a format determined by the department and
3973	shall include each licensee's continuing education status by
3974	license number, hours of continuing education credit per cycle,
3975	and such other information the department deems necessary.
3976	b.  No later than 30 days after the end of each renewal
3977	period, the department shall provide to the vendor a list that
3978	includes all licensees of a particular profession whose licenses
3979	were renewed during a particular renewal period. In order to
3980	account for late renewals, the department shall provide the
3981	vendor with such updates to the list as are mutually determined
3982	to be necessary.
3983	2.a.  Before the vendor informs the department of the
3984	status of any licensee the vendor has determined is not in
3985	compliance with continuing education requirements, the vendor,
3986	acting on behalf of the department, shall provide the licensee
3987	with a notice stating that the vendor has determined that the
3988	licensee is not in compliance with applicable continuing
3989	education requirements. The notice shall also include the
3990	licensee's continuing education record for the renewal period,
3991	as shown in the records of the vendor, and a description of the
3992	process for correcting the vendor's record under sub-
3993	subparagraph b.
3994	b.  The vendor shall give the licensee 45 days to correct
3995	the vendor's information. The vendor shall correct a record only
3996	on the basis of evidence of compliance supplied to the vendor by
3997	a continuing education provider.
3998	3.a.  The vendor must provide the department, with the
3999	report required under subparagraph 1., a list, in a form
4000	determined by the department, identifying each licensee who the
4001	vendor has determined is not in compliance with applicable
4002	continuing education requirements.
4003	b.  The vendor shall provide the department with access to
4004	such information and services as the department deems necessary
4005	to ensure that the actions of the vendor conform to the contract
4006	and to the duties of the department and the vendor under this
4007	subsection.
4008	4.  The department shall ensure the vendor access to such
4009	information from continuing education providers as is necessary
4010	to determine the continuing education record of each licensee.
4011	The vendor shall inform the department of any provider that
4012	fails to provide such information to the vendor.
4013	5.  If the vendor fails to comply with a provision of the
4014	contract, the vendor is obligated to pay the department
4015	liquidated damages in the amounts specified in the contract.
4016	6.  The department's payments to the vendor must be based
4017	on the number of licensees monitored. The department may
4018	allocate from the unlicensed activity account of any profession
4019	under s. 455.2281 up to $2 per licensee for the monitoring of
4020	that profession's licensees under this subsection, which
4021	allocations are the exclusive source of funding for contracts
4022	under this subsection.
4023	7.  A continuing education provider is not eligible to be a
4024	vendor under this subsection.
4025	(d)  Upon the failure of a vendor to meet its obligations
4026	under a contract as provided in paragraph (a), the department
4027	may suspend the contract and enter into an emergency contract
4028	under s. 287.0336 287.057(5).
4029	Section 83.  Subsection (1) of section 455.221, Florida
4030	Statutes, is amended to read:
4031	455.221  Legal and investigative services.--
4032	(1)  The department shall provide board counsel for boards
4033	within the department by contracting with the Department of
4034	Legal Affairs, by retaining private counsel pursuant to s.
4035	287.127 287.059, or by providing department staff counsel. The
4036	primary responsibility of board counsel shall be to represent
4037	the interests of the citizens of the state. A board shall
4038	provide for the periodic review and evaluation of the services
4039	provided by its board counsel. Fees and costs of such counsel
4040	shall be paid from the Professional Regulation Trust Fund,
4041	subject to the provisions of ss. 215.37 and 455.219. All
4042	contracts for independent counsel shall provide for periodic
4043	review and evaluation by the board and the department of
4044	services provided.
4045	Section 84.  Subsection (2) of section 456.008, Florida
4046	Statutes, is amended to read:
4047	456.008  Accountability and liability of board members.--
4048	(2)  Each board member and each former board member serving
4049	on a probable cause panel shall be exempt from civil liability
4050	for any act or omission when acting in the member's official
4051	capacity, and the department shall defend any such member in any
4052	action against any board or member of a board arising from any
4053	such act or omission. In addition, the department may defend the
4054	member's company or business in any action against the company
4055	or business if the department determines that the actions from
4056	which the suit arises are actions taken by the member in the
4057	member's official capacity and were not beyond the member's
4058	statutory authority. In providing such defense, the department
4059	may employ or utilize the legal services of the Department of
4060	Legal Affairs or outside counsel retained pursuant to s. 287.127
4061	287.059. Fees and costs of providing legal services provided
4062	under this subsection shall be paid from a trust fund used by
4063	the department to implement this chapter, subject to the
4064	provisions of s. 456.025.
4065	Section 85.  Subsection (1) of section 456.009, Florida
4066	Statutes, is amended to read:
4067	456.009  Legal and investigative services.--
4068	(1)  The department shall provide board counsel for boards
4069	within the department by contracting with the Department of
4070	Legal Affairs, by retaining private counsel pursuant to s.
4071	287.127 287.059, or by providing department staff counsel. The
4072	primary responsibility of board counsel shall be to represent
4073	the interests of the citizens of the state. A board shall
4074	provide for the periodic review and evaluation of the services
4075	provided by its board counsel. Fees and costs of such counsel
4076	shall be paid from a trust fund used by the department to
4077	implement this chapter, subject to the provisions of s. 456.025.
4078	All contracts for independent counsel shall provide for periodic
4079	review and evaluation by the board and the department of
4080	services provided.
4081	Section 86.  Subsection (4) of section 479.261, Florida
4082	Statutes, is amended to read:
4083	479.261  Logo sign program.--
4084	(4)  The department may contract pursuant to part II of
4085	chapter 287 s. 287.057 for the provision of services related to
4086	the logo sign program, including recruitment and qualification
4087	of businesses, review of applications, permit issuance, and
4088	fabrication, installation, and maintenance of logo signs. The
4089	department may reject all proposals and seek another request for
4090	proposals or otherwise perform the work. If the department
4091	contracts for the provision of services for the logo sign
4092	program, the contract must require, unless the business owner
4093	declines, that businesses that previously entered into
4094	agreements with the department to privately fund logo sign
4095	construction and installation be reimbursed by the contractor
4096	for the cost of the signs which has not been recovered through a
4097	previously agreed upon waiver of fees. The contract also may
4098	allow the contractor to retain a portion of the annual fees as
4099	compensation for its services.
4100	Section 87.  Paragraph (b) of subsection (3) of section
4101	481.205, Florida Statutes, is amended to read:
4102	481.205  Board of Architecture and Interior Design.--
4103	(3)
4104	(b)  Notwithstanding the provisions of s. 455.32(13), the
4105	board, in lieu of the department, shall contract with a
4106	corporation or other business entity pursuant to s. 287.0333
4107	287.057(3) to provide investigative, legal, prosecutorial, and
4108	other services necessary to perform its duties.
4109	Section 88.  Paragraph (d) of subsection (4) of section
4110	489.145, Florida Statutes, is amended to read:
4111	489.145  Guaranteed energy performance savings
4112	contracting.--
4113	(4)  PROCEDURES.--
4114	(d)  A guaranteed energy performance savings contractor
4115	must be selected in compliance with s. 287.125 287.055; except
4116	that if fewer than three firms are qualified to perform the
4117	required services, the requirement for agency selection of three
4118	firms, as provided in s. 287.125(4)(b) 287.055(4)(b), and the
4119	bid requirements of part II of chapter 287 s. 287.057 do not
4120	apply.
4121	Section 89.  Subsections (4) and (10) of section 517.1204,
4122	Florida Statutes, are amended to read:
4123	517.1204  Investment Fraud Restoration Financing
4124	Corporation.--
4125	(4)  The corporation is authorized to enter into one or
4126	more service contracts with the office pursuant to which the
4127	corporation shall provide services to the office in connection
4128	with financing the functions and activities provided for in s.
4129	517.1203. The office may enter into one or more such service
4130	contracts with the corporation and provide for payments under
4131	such contracts pursuant to s. 517.1203(2)(a), subject to annual
4132	appropriation by the Legislature. The proceeds from such service
4133	contracts may be used for the costs and expenses of
4134	administration of the corporation after payments as set forth in
4135	subsection (5). Each service contract shall have a term not to
4136	exceed 15 years and shall terminate no later than July 1, 2021.
4137	The aggregate amount payable from the Securities Guaranty Fund
4138	under all such service contracts shall not exceed the amount
4139	provided by s. 517.1203(1). In compliance with provisions of s.
4140	287.1385 287.0641 and other applicable provisions of law, the
4141	obligations of the office under such service contracts shall not
4142	constitute a general obligation of the state or a pledge of the
4143	faith and credit or taxing power of the state nor shall such
4144	obligations be construed in any manner as an obligation of the
4145	State Board of Administration or entities for which it invests
4146	funds, other than the office as provided in this section, but
4147	shall be payable solely from amounts available in the Securities
4148	Guaranty Fund, subject to annual appropriation. In compliance
4149	with this subsection and s. 287.311 287.0582, such service
4150	contracts shall expressly include the following statement: "The
4151	State of Florida's performance and obligation to pay under this
4152	contract is contingent upon an annual appropriation by the
4153	Legislature."
4154	(10)  The corporation shall not be deemed to be a special
4155	district for purposes of chapter 189 or a unit of local
4156	government for purposes of part III of chapter 218. The
4157	provisions of chapters 120 and 215, except the limitation on
4158	interest rates provided by s. 215.84 which applies to
4159	obligations of the corporation issued pursuant to this section,
4160	and parts I-VII part I of chapter 287, except ss. 287.1385 and
4161	287.311 287.0582 and 287.0641, shall not apply to this section,
4162	the corporation created in this section, the service contracts
4163	entered into pursuant to this section, or debt obligations
4164	issued by the corporation as provided in this section.
4165	Section 90.  Paragraph (b) of subsection (9) of section
4166	527.23, Florida Statutes, is amended to read:
4167	527.23  Marketing orders; referendum requirements;
4168	assessments.--
4169	(9)
4170	(b)  The collected assessments shall be deposited into the
4171	General Inspection Trust Fund and shall be used for the sole
4172	purpose of implementing the marketing order for which the
4173	assessment was collected. Three percent of all income of a
4174	revenue nature deposited in this fund, including transfers from
4175	any subsidiary accounts thereof and any interest income, shall
4176	be deposited in the General Revenue Fund pursuant to chapter
4177	215. The department is not subject to the procedures found in
4178	part II of chapter 287 s. 287.057 in the expenditure of these
4179	funds. However, the director of the Division of Marketing and
4180	Development shall file with the internal auditor of the
4181	department a certification of conditions and circumstances
4182	justifying each contract or agreement entered into without
4183	competitive bidding.
4184	Section 91.  Paragraphs (b) and (c) of subsection (2) of
4185	section 570.903, Florida Statutes, are amended to read:
4186	570.903  Direct-support organization.--
4187	(2)
4188	(b)  Notwithstanding the provisions of part II of chapter
4189	287 s. 287.057, the direct-support organization may enter into
4190	contracts or agreements with or without competitive bidding for
4191	the restoration of objects, historical buildings, and other
4192	historical materials or for the purchase of objects, historical
4193	buildings, and other historical materials which are to be added
4194	to the collections of the museum, or benefit the designated
4195	program. However, before the direct-support organization may
4196	enter into a contract or agreement without competitive bidding,
4197	the direct-support organization shall file a certification of
4198	conditions and circumstances with the internal auditor of the
4199	department justifying each contract or agreement.
4200	(c)  Notwithstanding the provisions of s. 287.1241(1)(e)
4201	287.025(1)(e), the direct-support organization may enter into
4202	contracts to insure property of the museum or designated
4203	programs and may insure objects or collections on loan from
4204	others in satisfying security terms of the lender.
4205	Section 92.  Section 571.27, Florida Statutes, is amended
4206	to read:
4207	571.27  Rules.--The department is authorized to adopt rules
4208	that implement, make specific, and interpret the provisions of
4209	this part, including rules for entering into contracts with
4210	advertising agencies for services which are directly related to
4211	the Florida Agricultural Promotional Campaign. Such rules shall
4212	establish the procedures for negotiating costs with the offerors
4213	of such advertising services who have been determined by the
4214	department to be qualified on the basis of technical merit,
4215	creative ability, and professional competency. Such
4216	determination of qualifications shall also include consideration
4217	of the provisions in s. 287.125(3), (4), and (5) 287.055(3),
4218	(4), and (5). The department is further authorized to determine,
4219	by rule, the logos or product identifiers to be depicted for use
4220	in advertising, publicizing, and promoting the sale of Florida
4221	agricultural products or agricultural-based products in the
4222	Florida Agricultural Promotional Campaign. The department may
4223	also adopt rules not inconsistent with the provisions of this
4224	part as in its judgment may be necessary for participant
4225	registration, renewal of registration, classes of membership,
4226	application forms, as well as other forms and enforcement
4227	measures ensuring compliance with this part.
4228	Section 93.  Subsection (1) of section 573.118, Florida
4229	Statutes, is amended to read:
4230	573.118  Assessment; funds; audit; loans.--
4231	(1)  To provide funds to defray the necessary expenses
4232	incurred by the department in the formulation, issuance,
4233	administration, and enforcement of any marketing order, every
4234	person engaged in the production, distributing, or handling of
4235	agricultural commodities within this state, and directly
4236	affected by any marketing order, shall pay to the department, at
4237	such times and in such installments as the department may
4238	prescribe, such person's pro rata share of necessary expenses.
4239	Each person's share of expenses shall be that proportion which
4240	the total volume of agricultural commodities produced,
4241	distributed, or handled by the person during the current
4242	marketing season, or part thereof covered by such marketing
4243	order, is of the total volume of the commodities produced,
4244	distributed, or handled by all such persons during the same
4245	current marketing season or part thereof. The department, after
4246	receiving the recommendations of the advisory council, shall fix
4247	the rate of assessment on the volume of agricultural commodities
4248	sold or some other equitable basis. For convenience of
4249	collection, upon request of the department, handlers of the
4250	commodities shall pay any producer assessments. Handlers paying
4251	assessments for and on behalf of any producers shall, at their
4252	discretion, collect the producer assessments from any moneys
4253	owed by the handlers to the producers. The collected assessments
4254	shall be deposited into the General Inspection Trust Fund and
4255	shall be used for the sole purpose of implementing the marketing
4256	order for which the assessment was collected. The department is
4257	not subject to the procedures found in part II of chapter 287 s.
4258	287.057 in the expenditure of these funds. However, the director
4259	of the Division of Marketing and Development shall file with the
4260	internal auditor of the department a certification of conditions
4261	and circumstances justifying each contract or agreement entered
4262	into without competitive bidding.
4263	Section 94.  Subsection (8) of section 601.10, Florida
4264	Statutes, is amended to read:
4265	601.10  Powers of the Department of Citrus.--The Department
4266	of Citrus shall have and shall exercise such general and
4267	specific powers as are delegated to it by this chapter and other
4268	statutes of the state, which powers shall include, but shall not
4269	be confined to, the following:
4270	(8)  To prepare and disseminate information of importance
4271	to citrus growers, handlers, shippers, processors, and industry-
4272	related and interested persons and organizations, relating to
4273	Department of Citrus activities and the production, handling,
4274	shipping, processing, and marketing of citrus fruit and
4275	processed citrus products. Any information which consists of a
4276	trade secret as defined in s. 812.081(1)(c) is confidential and
4277	exempt from the provisions of s. 119.07(1), and shall not be
4278	disclosed. For referendum and other notice and informational
4279	purposes, the Department of Citrus may prepare and maintain,
4280	from the best available sources, a citrus grower mailing list.
4281	Such list shall be a public record available as other public
4282	records, but it shall not be subject to the purging provisions
4283	of s. 286.255 283.55.
4284	Section 95.  Section 626.266, Florida Statutes, is amended
4285	to read:
4286	626.266  Printing of examinations or related materials to
4287	preserve examination security.--A contract let for the
4288	development, administration, or grading of examinations or
4289	related materials by the department or office pursuant to the
4290	various agent, customer representative, or adjuster licensing
4291	and examination provisions of this code may include the printing
4292	or furnishing of these examinations or related materials in
4293	order to preserve security. Any such contract shall be let as a
4294	contract for a contractual service pursuant to part II of
4295	chapter 287 287.057.
4296	Section 96.  Subsection (7) of section 626.2815, Florida
4297	Statutes, is amended to read:
4298	626.2815  Continuing education required; application;
4299	exceptions; requirements; penalties.--
4300	(7)  The department may contract services relative to the
4301	administration of the continuing education program to a private
4302	entity. The contract shall be procured as a contract for a
4303	contractual service pursuant to part II of chapter 287 s.
4304	287.057.
4305	Section 97.  Paragraph (e) of subsection (8) of section
4306	627.062, Florida Statutes, is amended to read:
4307	627.062  Rate standards.--
4308	(8)
4309	(e)  The calculation and notice by the office of the
4310	presumed factor pursuant to paragraph (a) is not an order or
4311	rule that is subject to chapter 120. If the office enters into a
4312	contract with an independent consultant to assist the office in
4313	calculating the presumed factor, such contract shall not be
4314	subject to the competitive solicitation requirements of part II
4315	of chapter 287 s. 287.057.
4316	Section 98.  Subsection (2) of section 627.096, Florida
4317	Statutes, is amended to read:
4318	627.096  Workers' Compensation Rating Bureau.--
4319	(2)  The acquisition by the Department of Management
4320	Services of data processing software, hardware, and services
4321	necessary to carry out the provisions of this act for the
4322	department or office shall be exempt from the provisions of
4323	parts I-VII part I of chapter 287.
4324	Section 99.  Section 627.919, Florida Statutes, is amended
4325	to read:
4326	627.919  Maintenance of insurance data.--The office shall
4327	maintain data elements required in insurers' annual statements
4328	and information reported by insurers pursuant to this part in a
4329	computer file which will be available for the generation of
4330	reports and calculations on a scheduled or demand basis by the
4331	office and Legislature. The acquisition by the office of data
4332	processing software, hardware, and services necessary to carry
4333	out the provisions of this section shall be exempt from the
4334	provisions of parts I-VII part I of chapter 287.
4335	Section 100.  Section 943.67, Florida Statutes, is amended
4336	to read:
4337	943.67  Equipment.--The department is specifically
4338	authorized to purchase, sell, trade, rent, lease, and maintain
4339	all necessary equipment, uniforms, motor vehicles, communication
4340	systems, housing facilities, and office space, and perform any
4341	other acts necessary for the proper administration and
4342	enforcement of ss. 943.61-943.68 through the Capitol Police,
4343	pursuant to parts I-VII part I of chapter 287. The department
4344	may prescribe a distinctive uniform to be worn by personnel of
4345	the Capitol Police in the performance of their duties pursuant
4346	to s. 943.61. The department may prescribe a distinctive emblem
4347	to be worn by all officers or guards of the Capitol Police.
4348	Section 101.  Paragraph (a) of subsection (4) of section
4349	944.10, Florida Statutes, is amended to read:
4350	944.10  Department of Corrections to provide buildings;
4351	sale and purchase of land; contracts to provide services and
4352	inmate labor.--
4353	(4)(a)  Notwithstanding s. 253.025 or part II of chapter
4354	287 s. 287.057, whenever the department finds it to be necessary
4355	for timely site acquisition, it may contract without the need
4356	for competitive selection with one or more appraisers whose
4357	names are contained on the list of approved appraisers
4358	maintained by the Division of State Lands of the Department of
4359	Environmental Protection in accordance with s. 253.025(6)(b). In
4360	those instances in which the department directly contracts for
4361	appraisal services, it must also contract with an approved
4362	appraiser who is not employed by the same appraisal firm for
4363	review services.
4364	Section 102.  Subsection (6) of section 944.105, Florida
4365	Statutes, is amended to read:
4366	944.105  Contractual arrangements with private entities for
4367	operation and maintenance of correctional facilities and
4368	supervision of inmates.--
4369	(6)  The provisions of s. ss. 216.311 and part II of
4370	chapter 287 287.057 shall apply to all contracts between the
4371	department and any private vendor providing such services. The
4372	department shall promulgate rules pursuant to chapter 120
4373	specifying criteria for such contractual arrangements.
4374	Section 103.  Paragraph (c) of subsection (1) of section
4375	945.091, Florida Statutes, is amended to read:
4376	945.091  Extension of the limits of confinement;
4377	restitution by employed inmates.--
4378	(1)  The department may adopt rules permitting the
4379	extension of the limits of the place of confinement of an inmate
4380	as to whom there is reasonable cause to believe that the inmate
4381	will honor his or her trust by authorizing the inmate, under
4382	prescribed conditions and following investigation and approval
4383	by the secretary, or the secretary's designee, who shall
4384	maintain a written record of such action, to leave the confines
4385	of that place unaccompanied by a custodial agent for a
4386	prescribed period of time to:
4387	(c)  Participate in a residential or nonresidential
4388	rehabilitative program operated by a public or private nonprofit
4389	agency, including faith-based service groups, with which the
4390	department has contracted for the treatment of such inmate. The
4391	provisions of s. ss. 216.311 and part II of chapter 287 287.057
4392	shall apply to all contracts between the department and any
4393	private entity providing such services. The department shall
4394	require such agency to provide appropriate supervision of
4395	inmates participating in such program. The department is
4396	authorized to terminate any inmate's participation in the
4397	program if such inmate fails to demonstrate satisfactory
4398	progress in the program as established by departmental rules.
4399	Section 104.  Subsection (2) of section 946.515, Florida
4400	Statutes, is amended to read:
4401	946.515  Use of goods and services produced in correctional
4402	work programs.--
4403	(2)  No similar product or service of comparable price and
4404	quality found necessary for use by any state agency may be
4405	purchased from any source other than the corporation if the
4406	corporation certifies that the product is manufactured by, or
4407	the service is provided by, inmates and the product or service
4408	meets the comparable performance specifications and comparable
4409	price and quality requirements as specified under s.
4410	287.122(1)(c) 287.042(1)(f) or as determined by an individual
4411	agency as provided in this section. The purchasing authority of
4412	any such state agency may make reasonable determinations of
4413	need, price, and quality with reference to products or services
4414	available from the corporation. In the event of a dispute
4415	between the corporation and any purchasing authority based upon
4416	price or quality under this section or s. 287.122(1)(c)
4417	287.042(1)(f), either party may request a hearing with the
4418	Department of Management Services and if not resolved, either
4419	party may request a proceeding pursuant to ss. 120.569 and
4420	120.57, which shall be referred to the Division of
4421	Administrative Hearings within 60 days after such request, to
4422	resolve any dispute under this section. No party is entitled to
4423	any appeal pursuant to s. 120.68.
4424	Section 105.  Paragraph (a) of subsection (7) of section
4425	957.04, Florida Statutes, is amended to read:
4426	957.04  Contract requirements.--
4427	(7)(a)  Notwithstanding s. 253.025 or part II of chapter
4428	287 s. 287.057, whenever the commission finds it to be in the
4429	best interest of timely site acquisition, it may contract
4430	without the need for competitive selection with one or more
4431	appraisers whose names are contained on the list of approved
4432	appraisers maintained by the Division of State Lands of the
4433	Department of Environmental Protection in accordance with s.
4434	253.025(6)(b). In those instances when the commission directly
4435	contracts for appraisal services, it shall also contract with an
4436	approved appraiser who is not employed by the same appraisal
4437	firm for review services.
4438	Section 106.  Paragraph (a) of subsection (16) of section
4439	985.41, Florida Statutes, is amended to read:
4440	985.41  Siting of facilities; study; criteria.--
4441	(16)(a)  Notwithstanding s. 253.025 or part II of chapter
4442	287 s. 287.057, when the department finds it necessary for
4443	timely site acquisition, it may contract, without using the
4444	competitive selection procedure, with an appraiser whose name is
4445	on the list of approved appraisers maintained by the Division of
4446	State Lands of the Department of Environmental Protection under
4447	s. 253.025(6)(b). When the department directly contracts for
4448	appraisal services, it must contract with an approved appraiser
4449	who is not employed by the same appraisal firm for review
4450	services.
4451	Section 107.  Subsection (26) of section 1001.64, Florida
4452	Statutes, is amended to read:
4453	1001.64  Community college boards of trustees; powers and
4454	duties.--
4455	(26)  Each board of trustees is authorized to contract for
4456	the purchase, sale, lease, license, or acquisition in any manner
4457	(including purchase by installment or lease-purchase contract
4458	which may provide for the payment of interest on the unpaid
4459	portion of the purchase price and for the granting of a security
4460	interest in the items purchased) of goods, materials, equipment,
4461	and services required by the community college. The board of
4462	trustees may choose to consolidate equipment contracts under
4463	master equipment financing agreements made pursuant to s.
4464	287.138 287.064.
4465	Section 108.  Subsections (5) and (29) of section 1001.74,
4466	Florida Statutes, are amended to read:
4467	1001.74  Powers and duties of university boards of
4468	trustees.--
4469	(5)  Each board of trustees shall have the authority to
4470	acquire real and personal property and contract for the sale and
4471	disposal of same and approve and execute contracts for the
4472	purchase, sale, lease, license, or acquisition of commodities,
4473	goods, equipment, contractual services, leases of real and
4474	personal property, and construction. The acquisition may include
4475	purchase by installment or lease-purchase. Such contracts may
4476	provide for payment of interest on the unpaid portion of the
4477	purchase price. Title to all real property acquired prior to
4478	January 7, 2003, and to all real property acquired with funds
4479	appropriated by the Legislature shall be vested in the Board of
4480	Trustees of the Internal Improvement Trust Fund and shall be
4481	transferred and conveyed by it. Notwithstanding any other
4482	provisions of this subsection, each board of trustees shall
4483	comply with the provisions of s. 287.125 287.055 for the
4484	procurement of professional services as defined therein.
4485	(29)  Each board of trustees shall ensure compliance with
4486	the provisions of s. 287.4471 287.09451 for all procurement and
4487	ss. 255.101 and 255.102 for construction contracts, and rules
4488	adopted pursuant thereto, relating to the utilization of
4489	minority business enterprises, except that procurements costing
4490	less than the amount provided for in CATEGORY FIVE as provided
4491	in s. 287.028 287.017 shall not be subject to s. 287.4471
4492	287.09451.
4493	Section 109.  Subsection (5) of section 1001.75, Florida
4494	Statutes, is amended to read:
4495	1001.75  University presidents; powers and duties.--The
4496	president is the chief executive officer of the state
4497	university, shall be corporate secretary of the university board
4498	of trustees, and is responsible for the operation and
4499	administration of the university. Each state university
4500	president shall:
4501	(5)  Approve, execute, and administer contracts for and on
4502	behalf of the university board of trustees for licenses; the
4503	acquisition or provision of commodities, goods, equipment, and
4504	services; leases of real and personal property; and planning and
4505	construction to be rendered to or by the university, provided
4506	such contracts are within law and rules of the State Board of
4507	Education and in conformance with policies of the university
4508	board of trustees, and are for the implementation of approved
4509	programs of the university. University presidents shall comply
4510	with the provisions of s. 287.125 287.055 for the procurement of
4511	professional services and may approve and execute all contracts
4512	on behalf of the board of trustees for planning, construction,
4513	and equipment. For the purposes of a university president's
4514	contracting authority, a "continuing contract" for professional
4515	services under the provisions of s. 287.125 287.055 is one in
4516	which construction costs do not exceed $1 million or the fee for
4517	study activity does not exceed $100,000.
4518	Section 110.  Paragraph (d) of subsection (2) of section
4519	1004.45, Florida Statutes, is amended to read:
4520	1004.45  Ringling Center for Cultural Arts.--
4521	(2)
4522	(d)  Notwithstanding the provision of part II of chapter
4523	287 s. 287.057, the John and Mable Ringling Museum of Art
4524	direct-support organization may enter into contracts or
4525	agreements with or without competitive bidding, in its
4526	discretion, for the restoration of objects of art in the museum
4527	collection or for the purchase of objects of art that are to be
4528	added to the collection.
4529	Section 111.  Subsection (3) of section 1006.56, Florida
4530	Statutes, is amended to read:
4531	1006.56  Specified university publications; activities;
4532	trust funds.--
4533	(3)  Printing of such publications shall be let upon
4534	contract to the lowest responsive bidder, in accordance with s.
4535	283.33, except when the additional costs incurred in changing
4536	from the current printer to the new low bidder exceed the
4537	savings reflected in the bid prices. Such additional costs shall
4538	not exceed 10 percent of the lowest bid price.
4539	Section 112.  Paragraph (w) of subsection (4) and
4540	subsection (5) of section 1009.971, Florida Statutes, are
4541	amended to read:
4542	1009.971  Florida Prepaid College Board.--
4543	(4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.--The
4544	board shall have the powers and duties necessary or proper to
4545	carry out the provisions of ss. 1009.97-1009.984, including, but
4546	not limited to, the power and duty to:
4547	(w)  Solicit proposals and contract, pursuant to part II of
4548	chapter 287 s. 287.057, for the marketing of the prepaid program
4549	or the savings program, or both together. Any materials produced
4550	for the purpose of marketing the prepaid program or the savings
4551	program shall be submitted to the board for review. No such
4552	materials shall be made available to the public before the
4553	materials are approved by the board. Any educational institution
4554	may distribute marketing materials produced for the prepaid
4555	program or the savings program; however, all such materials
4556	shall be approved by the board prior to distribution. Neither
4557	the state nor the board shall be liable for misrepresentation of
4558	the prepaid program or the savings program by a marketing agent.
4559	(5)  FLORIDA PREPAID COLLEGE BOARD; CONTRACTUAL
4560	SERVICES.--The board shall solicit proposals and contract,
4561	The board shall solicit proposals and contract, pursuant to part
4562	II of chapter 287 s. 287.057, for:
4563	(a)  The services of records administrators.
4564	(b)  Investment consultants to review the performance of
4565	the board's investment managers and advise the board on
4566	investment management and performance and investment policy,
4567	including the contents of the comprehensive investment plans.
4568	(c)  Trustee services firms to provide trustee and related
4569	services to the board. The trustee services firm shall agree to
4570	meet the obligations of the board to qualified beneficiaries if
4571	moneys in the fund fail to offset the obligations of the board
4572	as a result of imprudent selection or supervision of investment
4573	programs by such firm.
4574	(d)  Investment managers to provide investment portfolios
4575	for the prepaid program or the savings program. Investment
4576	managers shall be limited to authorized insurers as defined in
4577	s. 624.09, banks as defined in s. 658.12, associations as
4578	defined in s. 665.012, authorized Securities and Exchange
4579	Commission investment advisers, and investment companies as
4580	defined in the Investment Company Act of 1940. All investment
4581	managers shall have their principal place of business and
4582	corporate charter located and registered in the United States.
4583	In addition, each investment manager shall agree to meet the
4584	obligations of the board to qualified beneficiaries if moneys in
4585	the fund fail to offset the obligations of the board as a result
4586	of imprudent investing by such provider. Each authorized insurer
4587	shall evidence superior performance overall on an acceptable
4588	level of surety in meeting its obligations to its policyholders
4589	and other contractual obligations. Only qualified public
4590	depositories approved by the Chief Financial Officer shall be
4591	eligible for board consideration. Each investment company shall
4592	provide investment plans as specified within the request for
4593	proposals.
4594
4595	The goals of the board in procuring such services shall be to
4596	provide all purchasers and benefactors with the most secure,
4597	well-diversified, and beneficially administered prepaid program
4598	or savings program possible, to allow all qualified firms
4599	interested in providing such services equal consideration, and
4600	to provide such services to the state at no cost and to the
4601	purchasers and benefactors at the lowest cost possible.
4602	Evaluations of proposals submitted pursuant to this subsection
4603	shall include, but not be limited to, fees and other costs that
4604	are charged to purchasers or benefactors that affect account
4605	values, or that impact the operational costs of the prepaid
4606	program or the savings program; past experience and past
4607	performance in providing the required services; financial
4608	history and current financial strength and capital adequacy to
4609	provide the required services; and capabilities and experience
4610	of the proposed personnel that will provide the required
4611	services.
4612	Section 113.  Paragraph (b) of subsection (3) of section
4613	1013.23, Florida Statutes, is amended to read:
4614	1013.23  Energy efficiency contracting.--
4615	(3)  ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.--
4616	(b)  The energy performance contractor shall be selected in
4617	compliance with s. 287.125 287.055; except that in a case where
4618	a district school board, community college board of trustees, or
4619	state university board of trustees determines that fewer than
4620	three firms are qualified to perform the required services, the
4621	requirement for agency selection of three firms, as provided in
4622	s. 287.125(4)(b) 287.055(4)(b), shall not apply and the bid
4623	requirements of part II of chapter 287 s. 287.057 shall not
4624	apply.
4625	Section 114.  Subsection (3) of section 1013.38, Florida
4626	Statutes, is amended to read:
4627	1013.38  Boards to ensure that facilities comply with
4628	building codes and life safety codes.--
4629	(3)  The Department of Management Services may, upon
4630	request, provide facilities services for the Florida School for
4631	the Deaf and the Blind, the Division of Blind Services, and
4632	public broadcasting. As used in this section, the term
4633	"facilities services" means project management, code and design
4634	plan review, and code compliance inspection for projects as
4635	defined in s. 287.028(1)(e) 287.017(1)(e).
4636	Section 115.  Paragraphs (b), (c), and (d) of subsection
4637	(1) and subsection (4) of section 1013.45, Florida Statutes, are
4638	amended to read:
4639	1013.45  Educational facilities contracting and
4640	construction techniques.--
4641	(1)  Boards may employ procedures to contract for
4642	construction of new facilities, or major additions to existing
4643	facilities, that will include, but not be limited to:
4644	(b)  Design-build pursuant to s. 287.125 287.055.
4645	(c)  Selecting a construction management entity, pursuant
4646	to the process provided by s. 287.125 287.055, that would be
4647	responsible for all scheduling and coordination in both design
4648	and construction phases and is generally responsible for the
4649	successful, timely, and economical completion of the
4650	construction project. The construction management entity must
4651	consist of or contract with licensed or registered professionals
4652	for the specific fields or areas of construction to be
4653	performed, as required by law. At the option of the board, the
4654	construction management entity, after having been selected, may
4655	be required to offer a guaranteed maximum price or a guaranteed
4656	completion date; in which case, the construction management
4657	entity must secure an appropriate surety bond pursuant to s.
4658	255.05 and must hold construction subcontracts. The criteria for
4659	selecting a construction management entity shall not unfairly
4660	penalize an entity that has relevant experience in the delivery
4661	of construction projects of similar size and complexity by
4662	methods of delivery other than construction management.
4663	(d)  Selecting a program management entity, pursuant to the
4664	process provided by s. 287.125 287.055, that would act as the
4665	agent of the board and would be responsible for schedule
4666	control, cost control, and coordination in providing or
4667	procuring planning, design, and construction services. The
4668	program management entity must consist of or contract with
4669	licensed or registered professionals for the specific areas of
4670	design or construction to be performed as required by law. The
4671	program management entity may retain necessary design
4672	professionals selected under the process provided in s. 287.125
4673	287.055. At the option of the board, the program management
4674	entity, after having been selected, may be required to offer a
4675	guaranteed maximum price or a guaranteed completion date, in
4676	which case the program management entity must secure an
4677	appropriate surety bond pursuant to s. 255.05 and must hold
4678	design and construction subcontracts. The criteria for selecting
4679	a program management entity shall not unfairly penalize an
4680	entity that has relevant experience in the delivery of
4681	construction programs of similar size and complexity by methods
4682	of delivery other than program management.
4683	(4)  Except as otherwise provided in this section and s.
4684	481.229, the services of a registered architect must be used for
4685	the development of plans for the erection, enlargement, or
4686	alteration of any educational facility. The services of a
4687	registered architect are not required for a minor renovation
4688	project for which the construction cost is less than $50,000 or
4689	for the placement or hookup of relocatable educational
4690	facilities that conform with standards adopted under s. 1013.37.
4691	However, boards must provide compliance with building code
4692	requirements and ensure that these structures are adequately
4693	anchored for wind resistance as required by law. Boards are
4694	encouraged to consider the reuse of existing construction
4695	documents or design criteria packages where such reuse is
4696	feasible and practical. Notwithstanding s. 287.125 287.055, a
4697	board may purchase the architectural services for the design of
4698	educational or ancillary facilities under an existing contract
4699	agreement for professional services held by a district school
4700	board in the State of Florida, provided that the purchase is to
4701	the economic advantage of the purchasing board, the services
4702	conform to the standards prescribed by rules of the State Board
4703	of Education, and such reuse is not without notice to, and
4704	permission from, the architect of record whose plans or design
4705	criteria are being reused. Plans shall be reviewed for
4706	compliance with the state requirements for educational
4707	facilities. Rules adopted under this section must establish
4708	uniform prequalification, selection, bidding, and negotiation
4709	procedures applicable to construction management contracts and
4710	the design-build process. This section does not supersede any
4711	small, woman-owned or minority-owned business enterprise
4712	preference program adopted by a board. Except as otherwise
4713	provided in this section, the negotiation procedures applicable
4714	to construction management contracts and the design-build
4715	process must conform to the requirements of s. 287.125 287.055.
4716	A board may not modify any rules regarding construction
4717	management contracts or the design-build process.
4718	Section 116.  Paragraph (c) of subsection (1) of section
4719	1013.46, Florida Statutes, is amended to read:
4720	1013.46  Advertising and awarding contracts;
4721	prequalification of contractor.--
4722	(1)
4723	(c)  As an option, any county, municipality, or board may
4724	set aside up to 10 percent of the total amount of funds
4725	allocated for the purpose of entering into construction capital
4726	project contracts with minority business enterprises, as defined
4727	in s. 287.446 287.094. Such contracts shall be competitively bid
4728	only among minority business enterprises. The set-aside shall be
4729	used to redress present effects of past discriminatory practices
4730	and shall be subject to periodic reassessment to account for
4731	changing needs and circumstances.
4732	Section 117.  Part I of chapter 287, Florida Statutes,
4733	entitled COMMODITIES, INSURANCE, AND CONTRACTUAL SERVICES, is
4734	retitled GENERAL PROVISIONS, and shall consist of sections
4735	287.001-287.027, Florida Statutes.
4736	Section 118.  Part II of chapter 287, Florida Statutes,
4737	entitled MEANS OF TRANSPORT, is redesignated as Part VIII of
4738	said chapter.
4739	Section 119.  Part II of chapter 287, Florida Statutes,
4740	entitled SOURCE SELECTION is created and shall consist of
4741	sections 287.028-287.038, Florida Statutes.
4742	Section 120.  Part IV of chapter 287, Florida Statutes, to
4743	be entitled SPECIAL PROVISIONS, is created and shall consist of
4744	ss. 287.122-287.1416, Florida Statutes.
4745	Section 121.  Part V of chapter 287, Florida Statutes, is
4746	created, to be entitled CONTRACTS, and shall consist of sections
4747	287.31-287.332, Florida Statutes.
4748	Section 122.  Part VI of chapter 287, Florida Statutes, is
4749	created, to be entitled MINORITY BUSINESS ENTERPRISES, and shall
4750	consist of sections 287.44-287.474, Florida Statutes.
4751	Section 123.  Part VII of chapter 287, Florida Statutes, is
4752	created, to be entitled MISCELLANEOUS PROVISIONS, and shall
4753	consist of sections 287.55-287.592, Florida Statutes.
4754	Section 124.  Section 287.032, Florida Statutes, is
4755	renumbered as section 287.0263, Florida Statutes.
4756	Section 125.  Section 283.55, Florida Statutes, is
4757	renumbered as section 286.255, Florida Statutes.
4758	Section 126.  Section 287.0572, Florida Statutes, is
4759	renumbered as section 287.035, Florida Statutes.
4760	Section 127.  Section 287.0935, Florida Statutes, is
4761	renumbered as section 287.126, Florida Statutes.
4762	Section 128.  Section 287.059, Florida Statutes, is
4763	renumbered as section 287.127, Florida Statutes.
4764	Section 129.  Section 287.063, Florida Statutes, is
4765	renumbered as section 287.137, Florida Statutes.
4766	Section 130.  Section 283.425, Florida Statutes, is
4767	renumbered as section 287.139, Florida Statutes.
4768	Section 131.  Section 283.58, Florida Statutes, is
4769	renumbered as section 287.1401, Florida Statutes.
4770	Section 132.  Section 287.083, Florida Statutes, is
4771	renumbered as section 287.1405, Florida Statutes.
4772	Section 133.  Section 287.0834, Florida Statutes, is
4773	renumbered as 287.1410, Florida Statutes.
4774	Section 134.  Section 287.082, Florida Statutes, is
4775	renumbered as section 287.1411, Florida Statutes.
4776	Section 135.  Section 287.0822, Florida Statutes, is
4777	renumbered as section 287.1412, Florida Statutes.
4778	Section 136.  Section 287.084, Florida Statutes, is
4779	renumbered as section 287.1413, Florida Statutes.
4780	Section 137.  Section 287.087, Florida Statutes, is
4781	renumbered as section 287.1414, Florida Statutes.
4782	Section 138.  Section 287.092, Florida Statutes, is
4783	renumbered as section 287.1415, Florida Statutes.
4784	Section 139.  Section 283.35, Florida Statutes, is
4785	renumbered as section 287.1416, Florida Statutes.
4786	Section 140.  Section 287.0582, Florida Statutes, is
4787	renumbered as section 287.311, Florida Statutes.
4788	Section 141.  Section 287.05805, Florida Statutes, is
4789	renumbered as section 287.312, Florida Statutes.
4790	Section 142.  Section 287.0931, Florida Statutes, is
4791	renumbered as section 287.445, Florida Statutes.
4792	Section 143.  Section 287.094, Florida Statutes, is
4793	renumbered as section 287.446, Florida Statutes.
4794	Section 144.  Section 287.0947, Florida Statutes, is
4795	renumbered as section 287.448, Florida Statutes.
4796	Section 145.  Section 287.093, Florida Statutes, is
4797	renumbered as section 287.474, Florida Statutes.
4798	Section 146.  Section 287.134, Florida Statutes, is
4799	renumbered as section 287.563, Florida Statutes.
4800	Section 147.  Section 287.0585, Florida Statutes, is
4801	renumbered as section 287.58, Florida Statutes.
4802	Section 148.  Section 287.095, Florida Statutes, is
4803	renumbered as section 287.591, Florida Statutes.
4804	Section 149.  Section 287.115, Florida Statutes, is
4805	renumbered as section 287.592, Florida Statutes.
4806	Section 150.  Section 287.131, Florida Statutes, is
4807	renumbered as section 287.593, Florida Statutes.
4808	Section 151.  Section 287.14, Florida Statutes, is
4809	renumbered as section 287.61, Florida Statutes.
4810	Section 152.  Section 287.15, Florida Statutes, is
4811	renumbered as section 287.62, Florida Statutes.
4812	Section 153.  Section 287.151, Florida Statutes, is
4813	renumbered as section 287.63, Florida Statutes.
4814	Section 154.  Section 287.155, Florida Statutes, is
4815	renumbered as section 287.64, Florida Statutes.
4816	Section 155.  Section 287.175, Florida Statutes, is
4817	renumbered as section 287.665, Florida Statutes.
4818	Section 156.  Section 287.18, Florida Statutes, is
4819	renumbered as section 287.67, Florida Statutes.
4820	Section 157.  Section 287.19, Florida Statutes, is
4821	renumbered as section 287.68, Florida Statutes.
4822	Section 158.  Section 287.20, Florida Statutes, is
4823	renumbered as section 287.69, Florida Statutes.
4824	Section 159.  Section 287.0821, Florida Statutes, is
4825	renumbered as section 571.12, Florida Statutes.
4826	Section 160.  This act shall take effect on the date HB
4827	1819 or similar legislation takes effect, if such legislation is
4828	adopted in the same legislative session or an extension thereof
4829	and becomes a law.

CODING: Words stricken are deletions; words underlined are additions.