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A bill to be entitled

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An act relating to the Advisory Committee on State

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Procurement; establishing the Advisory Committee on State

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Procurement for the purpose of evaluating the state

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procurement process and carrying out the legislative

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policy created under the act; providing policy of the

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Legislature with respect to the procurement of goods,

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services, and facilities by the state; providing for

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membership and organization of the committee; providing

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duties of the committee; providing powers of the

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committee; requiring state agency cooperation with the

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committee; requiring reports of the committee; providing

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for termination of the committee; providing an

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appropriation; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Advisory Committee on State Procurement; policy;

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duties; termination of advisory committee.--

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     (1) ADVISORY COMMITTEE ON STATE PROCUREMENT;

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ESTABLISHMENT.--The Advisory Committee on State Procurement is

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established for the purpose of evaluating the entire state

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procurement process, including the organization, staffing,

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leadership, planning, and controls involved in the procurement

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process, and for the purpose of carrying out the policy set forth

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in subsection (2).

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     (2) LEGISLATIVE POLICY.--It is the policy of the

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Legislature to promote economy, efficiency, and effectiveness in

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the procurement of goods, services, and facilities by and for the

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executive branch of state government through the following means:

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     (a) The establishment of policies, procedures, and

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practices that require the state to procure goods, services, and

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facilities of requisite quality, in a timely manner, and at the

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lowest reasonable cost, using competitive bidding to the maximum

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extent possible.

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     (b) Improvement of the quality, efficiency, economy, and

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performance of organizations and personnel involved in the

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procurement of goods, services, and facilities by the state.

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     (c) Elimination of unnecessary overlapping or duplication

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of procurement activities and related activities such as contract

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administration and inspections.

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     (d) Elimination of unnecessary or redundant requirements

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placed on contractors or on officials in charge of the

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procurement of goods, services, and facilities by the state.

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     (e) Identification of gaps, omissions, or inconsistencies

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in state laws, rules, and directives relating to the procurement

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of goods, services, and facilities by the state which should be

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brought to the attention of the Legislature.

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     (f) Attainment of greater uniformity in and simplification

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of procurement procedures, whenever appropriate.

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     (g) Coordination of the procurement policies and programs

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of the various departments and agencies of the state, whenever

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possible.

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     (h) The conforming of procurement policies and programs to

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other successful established state policies and programs,

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whenever appropriate.

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     (i) Minimization of possible disruptive effects of state

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procurement on particular industries, areas, or occupations.

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     (j) Improvement of the understanding of the laws and

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policies of the state relating to the procurement of goods,

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services, and facilities by the state, not only within state

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government but on the part of organizations and individuals doing

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business with the state.

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     (k) Promotion of fair dealing and equitable relationships

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among the parties in state contracting.

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     (l) Promotion of economy, efficiency, and effectiveness in

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state procurement organizations and operations by any means the

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committee deems beneficial and appropriate.

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     (m) Giving special consideration to procurement laws,

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policies, procedures, practices, organization, staffing,

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leadership, and controls of the Federal Government's procurement

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process.

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This subsection does not limit the committee's means of

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facilitating the legislative policy expressed in this section,

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the inquiries of the committee, or the committee's authority to

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investigate additional areas the committee considers significant,

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relevant, or important.

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     (3) MEMBERSHIP; ORGANIZATION.--

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     (a) The committee shall be composed of 13 members. Three

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members shall be appointed by the President of the Senate, three

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members shall be appointed by the Speaker of the House of

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Representatives, and four members shall be appointed by the

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Governor, one member shall be appointed by the Attorney General,

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one member shall be appointed by the Commissioner of Agriculture,

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and one member shall be appointed by the Chief Financial Officer.

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Of the three appointments made by the President of the Senate,

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two appointees shall be Senators who are not of the same

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political party, and one appointee shall be from outside state

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government. Of the three appointments made by the Speaker of the

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House of Representatives, two appointees shall be members of the

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House of Representatives who are not of the same political party,

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and one appointee shall be from outside state government. Of the

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four appointments made by the Governor, two appointees shall be

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from the executive branch of state government and two appointees

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shall be from outside state government. The Attorney General, the

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Commissioner of Agriculture, and the Chief Financial Officer

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shall each appoint the official in charge of procurement within

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his or her respective agency.

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     (b) The Auditor General or the Auditor General's designated

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representative shall attend the meetings of the committee and

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provide technical assistance to the committee.

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     (c) The committee shall select a chair and a vice chair

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from among its members.

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     (d) Eight members of the committee shall constitute a

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quorum.

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     (e) Any vacancies in the committee shall be filled for the

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unexpired term in the same manner as the original appointment.

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     (f) Members of the committee who are members of the

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Legislature or who are officers or employees in the executive

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branch of state government shall serve without compensation, but

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are entitled to reimbursement for per diem and travel expenses in

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accordance with s. 112.061, Florida Statutes.

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     (4) DUTIES OF ADVISORY COMMITTEE.--The advisory committee

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shall study and investigate:

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     (a) The current laws of the state which govern the

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procurement of goods, services, and facilities by the state;

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     (b) The procurement policies, rules, procedures, and

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practices followed by the departments, bureaus, agencies, boards,

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commissions, offices, and instrumentalities of the executive

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branch of state government; and

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     (c) The organizations and management processes involved in

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a procurement of goods, services, and facilities prior to the

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award of a state procurement contract; during the solicitation of

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bids, evaluation, and negotiation of a contract; and subsequent

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to the award of the contract in order to determine the extent to

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which these organizations and management processes facilitate the

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policy set forth in subsection (2).

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     (5) POWERS OF THE ADVISORY COMMITTEE.--

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     (a) The advisory committee, or any subcommittee or

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individual member thereof, may hold hearings and take testimony.

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Any member of the committee may administer oaths or affirmations

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to witnesses.

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     (b) The committee may acquire information directly from the

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head of any state department or agency for the purpose of its

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studies and investigations. All departments and agencies shall

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cooperate with the committee and furnish all information

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requested by the committee to the extent permitted by law.

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Requests for information shall be made in the name of the chair

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or vice chair of the committee.

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     (c) The committee may appoint and fix the compensation of

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committee personnel without regard to state laws or rules

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governing state employment.

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     (d) The committee may procure the services of experts and

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consultants at rates not to exceed $400 per day.

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     (e) The committee may enter into contracts with private

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organizations and nonprofit institutions for the purpose of

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carrying out studies and preparing reports to facilitate the

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committee's work.

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     (6) AGENCY COOPERATION.--All departments or agencies of the

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state shall provide services to the committee upon request, on a

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reimbursable basis or otherwise, pursuant to agreements between

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the contributing agency and the chair or vice chair of the

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committee.

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     (7) REPORTS.--

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     (a) The advisory committee may make such interim reports as

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it considers advisable.

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     (b) By July 1, 2010, the advisory committee shall submit to

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the Clerk of the House of Representatives and the Secretary of

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the Senate the final report of its findings and recommendations

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for changes in statutes, rules, policies, procedures, and

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organization necessary to carry out the policy set forth in

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subsection (2).

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     (8) TERMINATION OF ADVISORY COMMITTEE.--The Advisory

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Committee on State Procurement shall cease to exist 120 days

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after the submission of its final report. The committee and its

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staff shall use the 120-day period between the submission of the

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final report and the termination of the committee to draft or

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assist in final preparation of legislative or administrative

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proposals that will carry out the recommendations of the

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committee contained in its final report.

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     Section 2. For the 2008-2009 fiscal year, the sum of $4

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million is appropriated from the General Revenue Fund to the

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Advisory Committee on State Procurement for the purposes of

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carrying out the provisions of this act.

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     Section 3.  This act shall take effect July 1, 2008.