| 1 | Representative(s) Kottkamp offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 659 through 755, and insert: |
| 5 |
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| 6 | Executive Office of the Governor for approval and notifying the |
| 7 | chairs of the legislative appropriations committees of such |
| 8 | submission if the effect of the amendment would be to: |
| 9 | (a) Increase the value of the contract by $1 million or |
| 10 | more for those contracts with a total value of at least $1 |
| 11 | million but less than $10 million; or |
| 12 | (b) Increase the value of the contract by 10 percent or |
| 13 | more for those contracts with a total value of $10 million or |
| 14 | more. |
| 15 |
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| 16 | An agency shall not divide a contract amendment so as to avoid |
| 17 | the requirements of this section. |
| 18 | (5) In addition to the requirements of subsections |
| 19 | 287.057(13) and (14), prior to the renewal or extension of a |
| 20 | contract, an agency shall document whether all specific direct |
| 21 | and indirect costs, savings, performance standards, and |
| 22 | qualitative and quantitative benefits identified in the contract |
| 23 | have been met by the contractor and the agency. If the actual |
| 24 | performance of the contractor does not meet the required |
| 25 | performance as identified in the contract, the agency shall |
| 26 | explain the reasons why and provide justification for the |
| 27 | extensions or renewal of the contract. This documentation shall |
| 28 | be included in the official contract file. |
| 29 | Section 8. Section 287.0578, Florida Statutes, is created |
| 30 | to read: |
| 31 | 287.0578 Subsequent inconsistent laws.--Subsequent |
| 32 | inconsistent laws shall supersede this act only to the extent |
| 33 | they do so by express reference to this section. |
| 34 | Section 9. Paragraph (b) of subsection (17) of section |
| 35 | 287.057, Florida Statutes, is amended to read: |
| 36 | 287.057 Procurement of commodities or contractual |
| 37 | services.-- |
| 38 | (17) For a contract in excess of the threshold amount |
| 39 | provided in s. 287.017 for CATEGORY FOUR, the agency head shall |
| 40 | appoint: |
| 41 | (b) At least three persons to conduct negotiations during |
| 42 | a competitive sealed reply procurement who collectively have |
| 43 | experience and knowledge in negotiating contracts, contract |
| 44 | procurement, and the program areas and service requirements for |
| 45 | which commodities or contractual services are sought. When the |
| 46 | annual value of a contract is in excess of $1 million, at least |
| 47 | one of the persons conducting negotiations must be certified as |
| 48 | a contract negotiator based upon rules adopted by the Department |
| 49 | of Management Services. |
| 50 | Section 10. Section 215.4211, Florida Statutes, is created |
| 51 | to read: |
| 52 | 215.4211 Review of contracts for state agencies.--The |
| 53 | Chief Financial Officer may request, as he or she deems |
| 54 | necessary, the option to review and provide comments prior to |
| 55 | the execution of any contract that is required to be in |
| 56 | compliance with the provisions of s. 287.0577(3). |
| 57 | Section 11. Section 216.1817, Florida Statutes, is created |
| 58 | to read: |
| 59 | 216.1817 Limitation on budgetary changes for contractual |
| 60 | services procurement; placement of positions in reserve; re- |
| 61 | establishment of positions.--Notwithstanding s. 216.351: |
| 62 | (1) Any budgetary changes for a contractual services |
| 63 | procurement that are inconsistent with the agency's approved |
| 64 | budget may not be made to existing programs unless such changes |
| 65 | are recommended to the Legislative Budget Commission by the |
| 66 | Governor, and the Legislative Budget Commission expressly |
| 67 | approves such program changes. |
| 68 | (2) If a procurement of contractual services involves the |
| 69 | performance of functions or responsibilities that are being |
| 70 | shifted from state employees to a contractor, the agency shall |
| 71 | identify within the business case prepared pursuant to s. |
| 72 | 287.0577 all resources which are affected, including full-time |
| 73 | equivalent positions. All full-time equivalent positions |
| 74 | identified in the business case shall be placed in reserve by |
| 75 | the Executive Office of the Governor until the end of the second |
| 76 | year of the contract. However, in the business case, the agency |
| 77 | may account for any savings from the full-time equivalent |
| 78 | positions identified and held in reserve. Notwithstanding the |
| 79 | provisions of s. 216.262, the Executive Office of the Governor |
| 80 | shall request authority from the Legislative Budget Commission |
| 81 | to reestablish full-time equivalent positions above the number |
| 82 | fixed by the Legislature if a contract is terminated and the |
| 83 | performance of the functions or responsibilities must be |
| 84 | returned to the agency. |
| 85 | Section 12. Section 287.074, Florida Statutes, is created |
| 86 | to read: |
| 87 | 287.074 Actions reserved to public officers or |
| 88 | employees.-- |
| 89 | (1) Only a public officer or a public employee upon whom |
| 90 | the public officer has delegated authority shall, consistent |
| 91 | with law, take actions including, but not limited to: |
| 92 | (a) Selecting state officers or employees; |
| 93 | (b) Approving position descriptions, performance |
| 94 | standards, or salary adjustments for state employees; and |
| 95 | (c) Hiring, promoting, disciplining, demoting, and |
| 96 | dismissing a state employee. |
| 97 | (2) Only a public officer shall, consistent with law, |
| 98 | commission and appoint state officers. |
| 99 | Section 13. A contractor, as defined in chapter 287, |
| 100 | Florida Statutes, or its employees, agents, or subcontractors, |
| 101 | may not knowingly participate, through decision, approval, |
| 102 | disapproval, preparation of any part of a purchase request, |
| 103 | investigation, or auditing, in the procurement of contractual |
| 104 | services by an agency from an entity in which the contractor, or |
| 105 | its employees, agents, or subcontractors has a material |
| 106 | interest. |
| 107 |
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| 108 | ================ T I T L E A M E N D M E N T ============= |
| 109 | Remove lines 63 through 79, and insert: |
| 110 |
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| 111 | for approval; requiring notification of such submission to |
| 112 | the chairs of the legislative appropriations committees; |
| 113 | prohibiting the division of a contract amendment to avoid |
| 114 | specified requirements; requiring documentation of |
| 115 | contractor performance prior to renewal or extension of a |
| 116 | contract; creating s. 287.0578, F.S.; providing for |
| 117 | conditional supersession of the act; amending s. 287.057, |
| 118 | F.S.; providing a requirement with respect to the |
| 119 | composition of persons chosen to conduct negotiations |
| 120 | during a specified competitive sealed reply procurement; |
| 121 | creating s. 215.4211, F.S.; authorizing the Chief |
| 122 | Financial Officer to review contracts for state agencies; |
| 123 | creating s. 216.1817, F.S.; permitting budgetary changes |
| 124 | for a contractual services procurement only under |
| 125 | specified conditions; requiring the placement of full-time |
| 126 | equivalent positions in reserve under certain conditions; |
| 127 | providing for the reestablishment of full-time equivalent |
| 128 | positions upon termination of a contract and reversion of |
| 129 | functions and responsibilities to the agency; creating s. |
| 130 | 287.074, F.S.; providing |