CS for CS for SB 2694                            First Engrossed
       
       
       
       
       
       
       
       
       20092694e1
       
    1                        A bill to be entitled                      
    2         An act relating to state financial matters; amending
    3         s. 216.311, F.S.; prohibiting an agency or branch of
    4         state government from contracting to pay, without
    5         legislative authority, liquidated damages or early
    6         termination fees resulting from the breach or early
    7         termination of a contract or agreement, from
    8         contracting to pay interest because of insufficient
    9         budget authority to pay an obligation in the current
   10         year, from obligating the state to make future
   11         payments to cover unpaid payments, or from granting to
   12         a party the right to collect fees or other revenues
   13         from nonparties; providing that such contracts are
   14         null and void; prohibiting an agency from entering
   15         into certain lease or lease-purchase agreements unless
   16         expressly authorized by the Legislature; providing
   17         exceptions for certain agency contracts or agreements;
   18         authorizing the State Board of Administration to enter
   19         into contracts and other agreements that are necessary
   20         to carry out the investment duties of the board;
   21         defining the terms “contract” and “agreement”;
   22         creating s. 216.312, F.S.; requiring the executive and
   23         judicial branch to notify the Governor and the
   24         Legislature before entering into contracts or
   25         agreements in excess of a certain amount, which
   26         authorize expenditures in anticipation of revenues, or
   27         for which payment is delayed for a certain time after
   28         expenditure; transferring, renumbering, and amending
   29         s. 287.0582, F.S.; requiring a state contract to
   30         identify the appropriation that funds the contract;
   31         providing an exception; expanding the statement that
   32         must be included in state contracts to include grounds
   33         for terminating the contract based on budget deficits;
   34         requiring the judicial branch to include the statement
   35         in its contracts; providing an exception; requiring
   36         the agency head, executive director, or chief judge,
   37         as appropriate, or a designated senior management
   38         employee to sign contracts that exceed a certain
   39         amount; requiring the agency head, executive director,
   40         or chief judge to review certain contracts and certify
   41         compliance with ch. 216, F.S.; requiring contracts
   42         exceeding a specified amount to require written
   43         acceptance or rejection of contract deliverables;
   44         providing that contracts in violation of these
   45         provisions are null and void; providing penalties;
   46         amending s. 287.063, F.S.; prohibiting certain lease
   47         or deferred payment purchases by state agencies unless
   48         expressly authorized by the Legislature in the
   49         appropriations act; amending s. 287.064, F.S.;
   50         prohibiting certain master equipment financing
   51         agreements unless expressly authorized by the
   52         Legislature in the appropriations act; providing for
   53         application; providing an effective date.
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Section 216.311, Florida Statutes, is amended to
   58  read:
   59         216.311 Unauthorized contracts in excess of appropriations;
   60  penalty.—
   61         (1) An No agency or branch of state government may not
   62  enter into any shall contract to spend, or enter into any
   63  agreement:
   64         (a) To spend, any moneys in excess of the amount
   65  appropriated to such agency or branch unless specifically
   66  authorized by law, and any contract or agreement in violation of
   67  this chapter shall be null and void.
   68         (b) That requires the state to pay liquidated damages or
   69  early termination fees for a breach or early termination of a
   70  contract or agreement by such agency or branch due to an act of
   71  the Legislature which provides less than full funding for the
   72  contract during the fiscal year.
   73         (c) That requires the state to pay interest, other than
   74  interest paid pursuant to s. 215.422, to another party because
   75  the agency or branch has insufficient budget authority to pay
   76  the underlying obligation of the contract or agreement in the
   77  current year.
   78         (d) That binds the state to make future-year payments to
   79  offset payments not made in a prior year due to insufficient
   80  budget authority, unless the Legislature expressly authorizes
   81  the agency or branch to enter into such contract or agreement.
   82         (e) To grant to any party the right or privilege to collect
   83  and retain fees or other revenues from persons who are not a
   84  party to the contract which would otherwise be payable to the
   85  state and deposited into the State Treasury, unless the
   86  Legislature expressly authorizes the agency or branch to enter
   87  into such contract or agreement.
   88         (2) Notwithstanding any law authorizing an agency to enter
   89  into a lease, an agency may not enter into a lease or lease
   90  purchase agreement for tangible personal property which requires
   91  the state to pay more than $500,000 over the term of the lease
   92  or agreement if the term of the lease or agreement exceeds 1
   93  fiscal year unless such lease or agreement is expressly
   94  authorized by the Legislature.
   95         (3) Any contract or agreement in violation of this section
   96  is null and void.
   97         (4)(2) Any public officer or employee person who willfully
   98  enters into a contract or other agreement in violation of this
   99  section commits contracts to spend, or enters into an agreement
  100  to spend, any money in excess of the amount appropriated to the
  101  agency or branch for whom the contract or agreement is executed
  102  is guilty of a misdemeanor of the first degree, punishable as
  103  provided in s. 775.082 or s. 775.083.
  104         (5) Notwithstanding subsection (1), the following agencies
  105  may enter into the following contracts or agreements:
  106         (a) In order to spend funds appropriated for the approved
  107  5-year work program, the Department of Transportation may enter
  108  into contracts and other agreements that require the state to
  109  pay liquidated damages as a result of a breach of those
  110  contracts or agreements.
  111         (b) In order to administer the state group insurance
  112  program as provided in s. 110.123, the Department of Management
  113  Services may enter into contracts and other agreements that
  114  permit health care providers, health maintenance organizations,
  115  preferred provider organizations, and insurers to collect
  116  premiums and copayments from participants in the group insurance
  117  program.
  118         (c) In order to administer the state Medicaid plan and the
  119  Florida Healthy Kids program, the Agency for Health Care
  120  Administration may enter into contracts and other agreements
  121  that permit health care providers to collect premiums and
  122  copayments from participants in the Medicaid plan and the
  123  Healthy Kids program.
  124         (6) Notwithstanding subsection (2), in order to administer
  125  the real estate and other investment portfolios as provided in
  126  s. 215.47, the State Board of Administration may enter into
  127  contracts and such other agreements that are necessary to carry
  128  out the investment duties of the board.
  129         (7) For purposes of this section and ss. 216.312 and
  130  216.313, the terms “contract” and “agreement” include the
  131  initial contract or agreement, any amendment to the contract or
  132  agreement, and any extension or renewal of the contract or
  133  agreement.
  134         Section 2. Section 216.312, Florida Statutes, is created to
  135  read:
  136         216.312 Reporting contract expenditures.—
  137         (1) At least 30 days before an executive or judicial branch
  138  public officer or employee enters into any contract or
  139  agreement, or any series of contracts or agreements between the
  140  same parties, on behalf of the state which requires payments by
  141  the state in excess of $10 million in any fiscal or calendar
  142  year, the officer or employee must notify the Governor, the
  143  President of the Senate, and the Speaker of the House of
  144  Representatives of the intent to enter into such contract or
  145  agreement or series of contracts or agreements.
  146         (2) At least 30 days before an executive or judicial branch
  147  public officer or employee enters into any contract or agreement
  148  on behalf of the state which requires minimal or no payments by
  149  the state or authorizes the other party to make expenditures in
  150  anticipation of revenues, the officer or employee must notify
  151  the Governor, the President of the Senate, and the Speaker of
  152  the House of Representatives of the intent to enter into such
  153  contract or agreement.
  154         (3) At least 30 days before an executive or judicial branch
  155  public officer or employee enters into any contract or agreement
  156  on behalf of the state which requires initial expenditures by
  157  the other party and for which the other party will not receive
  158  payment from the state within 180 days after the expenditure,
  159  the officer or employee must notify the Governor, the President
  160  of the Senate, and the Speaker of the House of Representatives
  161  of the intent to enter into such contract or agreement.
  162         (4) The execution of any contract or agreement described in
  163  this section is an action or proposed action that is subject to
  164  s. 216.177(2)(b).
  165         Section 3. Section 287.0582, Florida Statutes, is
  166  transferred and renumbered as section 216.313, Florida Statutes,
  167  and amended to read:
  168         216.313 287.0582Contract appropriations Contracts which
  169  require annual appropriation; contingency statement.—
  170         (1) An executive or judicial branch public officer or
  171  employee may not enter into any contract or agreement on behalf
  172  of the state or judicial branch which binds the state or its
  173  executive agencies or the judicial branch for the purchase of
  174  services or tangible personal property unless the contract
  175  identifies the specific appropriation of state funds from which
  176  the state will make payment under the contract in the first year
  177  of the contract, or unless the Legislature expressly authorizes
  178  the agency or the judicial branch to enter into such contract
  179  absent a specific appropriation of funds.
  180         (2) An No executive or judicial branch public officer or
  181  employee may not shall enter into any contract or agreement on
  182  behalf of the state, which contract binds the state or its
  183  executive agencies for the purchase of services or tangible
  184  personal property for a period in excess of 1 fiscal year,
  185  unless the following statements are statement is included in the
  186  contract:
  187         (a) “The State of Florida’s performance and obligation to
  188  pay under this contract is contingent upon an annual
  189  appropriation by the Legislature.”
  190         (b) “This contract may be terminated by the state upon 30
  191  days’ written notice if funding for this contract is
  192  specifically eliminated pursuant to:
  193         1. A deficit reduction plan implemented by the Governor or
  194  the Chief Justice or by an act of the Legislature after
  195  certification pursuant to section 216.221, Florida Statutes,
  196  that a deficit will occur in the General Revenue Fund; or
  197         2. A deficit reduction plan implemented by the Governor or
  198  Chief Justice pursuant to section 216.221(10), Florida Statutes,
  199  or by an act of the Legislature, after a determination by the
  200  Chief Financial Officer that a deficit will occur with respect
  201  to the appropriations from a specific trust fund in the current
  202  fiscal year.”
  203         (3) A contract or other agreement that exceeds:
  204         (a) The CATEGORY TWO threshold amount provided in s.
  205  287.017 must be signed by the agency head, executive director,
  206  or chief judge, as appropriate, or a designated senior
  207  management employee.
  208         (b) A term of 12 months may not be executed by any
  209  executive or judicial branch agency unless the agency head,
  210  executive director, or chief judge, as appropriate, determines
  211  that the contract is in compliance with the requirements of this
  212  chapter and certifies such compliance in writing within the
  213  contract or agreement.
  214         (c) The CATEGORY FIVE threshold amount provided in s.
  215  287.017 must require the written acceptance or rejection of
  216  contract deliverables.
  217         (4) Any contract or other agreement in violation of this
  218  section is null and void.
  219         (5) Any public officer or employee who willfully enters
  220  into a contract or other agreement in violation of this section
  221  commits a misdemeanor of the first degree, punishable as
  222  provided in s. 775.082 or s. 775.083.
  223         Section 4. Subsection (4) of section 287.063, Florida
  224  Statutes, is amended to read:
  225         287.063 Deferred-payment commodity contracts; preaudit
  226  review.—
  227         (4) Beginning July 1, 2009, an agency may not enter into a
  228  lease or deferred payment purchase arrangement for the
  229  acquisition of equipment that has a total cost greater than
  230  $500,000 unless the Legislature has expressly authorized such
  231  lease or deferred payment purchase arrangement in the General
  232  Appropriations Act. For purposes of this section, deferred
  233  payment commodity contracts for replacing the state accounting
  234  and cash management systems may include equipment, accounting
  235  software, and implementation and project management services.
  236         Section 5. Subsection (9) of section 287.064, Florida
  237  Statutes, is amended to read:
  238         287.064 Consolidated financing of deferred-payment
  239  purchases.—
  240         (9) Beginning July 1, 2009, an agency may not enter into
  241  amaster equipment financing agreement that has a total cost
  242  exceeding $500,000 unless the Legislature has expressly
  243  authorized such agreement in the General Appropriations Act. For
  244  purposes of this section, deferred-payment commodity contracts
  245  for replacing the state accounting and cash management systems
  246  may include equipment, accounting software, and implementation
  247  and project management services.
  248         Section 6. This act shall take effect July 1, 2009, and
  249  applies to initial contracts and agreements, amendments to a
  250  contract or agreement, and extensions or renewals of a contract
  251  or agreement which are executed on or after that date.