Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2134
       
       
       
       
       
       
                                Barcode 554608                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/06/2011 05:39 PM       .                                
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       The Conference Committee on SB 2134 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraphs (e) and (f) of subsection (6) of
    7  section 627.351, Florida Statutes, are repealed.
    8         Section 2. Section 627.3514, Florida Statutes, is created
    9  to read:
   10         627.3514Standards for procurement by Citizens Property
   11  Insurance Corporation.—
   12         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
   13  that Citizens Property Insurance Corporation, hereinafter
   14  “Citizens,” maintain a transparent, accountable, and competitive
   15  procurement process to ensure public confidence in the process
   16  by which goods and services are procured.
   17         (2) DEFINITIONS.—As used in this section, the term:
   18         (a) “Bid” means an offer submitted by a vendor in response
   19  to a competitive solicitation.
   20         (b) “Board” means the Citizens’ board of governors
   21  appointed pursuant to s. 627.351(6).
   22         (c) “Competitive solicitation” means an invitation to bid,
   23  a request for proposal, an invitation to negotiate, or a reverse
   24  auction.
   25         (d) “Competitive solicitation response” means a bid or
   26  proposal submitted by a vendor in response to a competitive
   27  solicitation.
   28         (e) “Contract” means a written agreement between Citizens
   29  and a vendor for the provision of goods or services.
   30         (f) “Contract manager” means the individual employed by
   31  Citizens who is responsible for overseeing performance of the
   32  contract terms and conditions, reviewing and validating all
   33  vendor invoices, tracking all expenditures and payments, and
   34  serving as a liaison with the vendor.
   35         (g) “Contract renewal” means an agreement to renew a
   36  contract.
   37         (h) “Florida business enterprise” means a business that has
   38  or maintains its primary corporate office or home office within
   39  this state.
   40         (i) “Florida small business enterprise” means a business
   41  that meets all of the following criteria:
   42         1. Has or maintains its primary corporate office or home
   43  office within this state;
   44         2. Is engaged in commercial transactions;
   45         3. Has annual gross sales or receipts of less than $6
   46  million averaged over the past 3 years of the business’s actual
   47  existence;
   48         4. Has a primary owner who owns 51 percent or more of the
   49  business or its common stock and who has a personal net worth
   50  less than $750,000, excluding primary personal residence and
   51  stock value of the Florida small business enterprise; and
   52         5. Maintains the required licenses and necessary industry
   53  expertise to perform.
   54  
   55  If the business is a wholly or partially owned subsidiary, the
   56  parent business must also meet the criteria of subparagraphs 1.
   57  5.
   58         (j) “Goods” mean all tangible or movable property or
   59  things, including software, which are purchased or leased. The
   60  term does not include investment securities, insurance, loans,
   61  credit, trust indentures, or financial service providers or
   62  underwriters provided for in s. 627.3513, whether or not
   63  evidenced by a physical certificate or contract.
   64         (k) “Informal bid” or “informal solicitation” means a
   65  written or oral quotation of cost which is documented and
   66  maintained by Citizens.
   67         (l) “Invitation to bid” means a written or electronically
   68  posted solicitation for competitive sealed bids.
   69         (m) “Invitation to negotiate” means a written or
   70  electronically posted solicitation for competitive sealed
   71  replies to select one or more vendors with which to commence
   72  negotiations for the procurement of commodities or contractual
   73  services.
   74         (n) “Minority business enterprise” means a business that
   75  meets all of the following criteria:
   76         1. Engages in commercial transactions.
   77         2. Is at least 51 percent owned by a minority person, as
   78  defined in s. 288.703, who is a citizen of the United States.
   79         3. Is managed and controlled by a minority person, as
   80  defined in s. 288.703, who is a citizen of the United States.
   81         (o) “Proposal” means the documents submitted by the vendor
   82  in response to a competitive solicitation to be used as the
   83  basis for entering into a contract.
   84         (p) “Request for proposal” means a written or
   85  electronically posted solicitation for competitive sealed
   86  proposals.
   87         (q) “Reverse auction” means an online auction process in
   88  which bidders simultaneously submit bids to a company without
   89  knowledge of the amount bid by other participants and, unlike a
   90  typical auction, prices decrease as the bidding process
   91  continues.
   92         (r) “Service” means the rendering by a vendor of time and
   93  effort other than the furnishing of specific goods. Services
   94  include, but are not limited to, insurance brokerage services,
   95  evaluations, consultations, maintenance, accounting, security,
   96  management systems, management consulting, educational training
   97  programs, research and development studies or reports, and
   98  professional, technical, and social services. Services do not
   99  include the services provided by insurance agents appointed by
  100  Citizens.
  101         (s) “Vendor” means a person or entity that has a contract
  102  with Citizens or that is under consideration for a contract,
  103  including, but not limited to, insurance companies, take-out
  104  companies, insurance agents, adjusting firms, consultants,
  105  independent adjusters, contractors, law firms, and other service
  106  providers. The term also includes any employee, agent, corporate
  107  officer, owner, or person acting on behalf of the vendor, or any
  108  parent or subsidiary corporation of the vendor.
  109         (3) GENERAL RULES.—
  110         (a) This section applies to the purchase of all goods or
  111  services by Citizens, except:
  112         1. Procurements of Citizens’ office space, which are
  113  governed by the provisions of chapter 255, except that the
  114  appeal process of subsection (6) applies; and
  115         2. Claims payments made directly to an insured, or to a
  116  vendor selected by an insured.
  117         (b) Purchases that equal or exceed $2,500, but that are
  118  less than $35,000, shall be made by receipt of written quotes,
  119  written record of telephone quotes, or informal bids, whenever
  120  practical. The procurement of goods or services valued at or
  121  over $35,000 shall be subject to competitive solicitation,
  122  except in situations in which the goods or services are provided
  123  by a sole source or are deemed an emergency purchase, the
  124  services are exempt from competitive solicitation requirements
  125  under s. 287.057(3)(f), the procurement of services is subject
  126  to s. 627.3513, or the procurement is a government contract as
  127  provided in paragraph (7)(e).
  128         (c) Purchases of goods or services that have an aggregate
  129  value of at least $10 million or a duration exceeding 8 years
  130  must be accompanied by a business case analysis before review
  131  and approval by the Citizens’ board.
  132         (d) Purchases of goods or services valued at or over
  133  $100,000 are subject to approval by the Citizens’ board.
  134         (e) Procurement of office space is subject to the
  135  provisions of chapter 255, including provisions governing the
  136  authority to hold title to real property. A public bid opening
  137  of all responding bids is required pursuant to chapter 255.
  138         (f) Procurements of goods or services may not be divided or
  139  allocated in order to circumvent the provisions of this section.
  140  The life of the contract, including renewals, must be included
  141  when determining the dollar amount for the procurement method.
  142         (g) In addition to any contractual renewal periods, a
  143  contract may be extended for a period not to exceed 6 months
  144  under the same terms and conditions set forth in the initial
  145  contract. There may be only one extension of a contract unless
  146  the failure to meet the criteria set forth in the contract for
  147  completion of the contract is due to events beyond the control
  148  of the vendor.
  149         (h) A contract in excess of $35,000 must have an employee
  150  from the business unit appointed as contract manager.
  151         (i) Citizens may:
  152         1. Amend an existing contract on terms and costs more
  153  beneficial to Citizens if the terms and costs of the contract
  154  are not extended or increased; or
  155         2. Renew a contract under the renewal terms provided by the
  156  contract.
  157         (j) Goods or services must not be received before the
  158  issuance of a purchase order or execution of a contract.
  159         (k) A Citizens’ board member, officer, or employee may not
  160  procure, purchase, or acquire any goods or services or make any
  161  contract in any manner that is not in compliance with this
  162  section.
  163         (4) CONTRACT REVIEW.—Citizens’ legal department and
  164  purchasing department must jointly prepare any contract for the
  165  procurement of goods or services. The legal department must
  166  review and approve a contract before it is executed.
  167         (5) COMPETITIVE SOLICITATION.—
  168         (a)1. The procurement of goods or services valued at or
  169  over $35,000 is subject to competitive solicitation, except in
  170  situations in which the goods or services are exempt from
  171  competitive solicitation requirements as specified in s.
  172  287.057(3)(f). A public bid opening is not required except as
  173  provided in paragraph (3)(e). A competitive solicitation must
  174  include a contract term.
  175         2. The Citizens’ purchasing department shall coordinate and
  176  manage the competitive solicitation process. The requirements of
  177  paragraphs (b) and (c) must be addressed in the development of a
  178  competitive solicitation.
  179         (b) The competitive solicitation process shall use one of
  180  the following methods: an invitation to bid, a request for
  181  proposal, an invitation to negotiate, or a reverse auction.
  182         1.a. An invitation to bid shall be used if Citizens has the
  183  ability to establish precise specifications defining the actual
  184  goods required or defining the scope of work for which a service
  185  is required.
  186         b. An invitation to bid must include a detailed description
  187  of the goods or services sought and a statement indicating
  188  whether Citizens contemplates renewal of the contract.
  189         c. A bid submitted in response to an invitation to bid
  190  which contemplates renewal of the contract must include the
  191  price for each year that the contract may be renewed. An
  192  evaluation-of-responsive bid is limited to the total cost for
  193  each year of the contract, including renewal years.
  194         2. A request for proposal shall be used if Citizens’
  195  requirements can be specifically defined.
  196         a. Before issuing a request for proposal, Citizens shall
  197  determine and specify in writing the reasons that procurement by
  198  invitation to bid is not practicable. A request for proposal
  199  must include a detailed statement describing the business unit
  200  requirements and needs for which goods or services are being
  201  sought, the relative importance of price and other evaluation
  202  criteria, and a statement indicating whether Citizens
  203  contemplates renewal of the contract.
  204         b. Criteria that must be used for an evaluation of a
  205  proposal include, but are not limited to:
  206         (I) Price, which must be specified in the proposal;
  207         (II) If Citizens contemplates renewal of the contract, the
  208  price for each year that the contract may be renewed;
  209         (III) Consideration of the total cost for each year of the
  210  contract, including renewal years; and
  211         (IV) How well the proposed goods or services meet Citizens’
  212  requirements.
  213         c. The contract shall be awarded by written notice to the
  214  vendor whose proposal is determined in writing to be the most
  215  advantageous to Citizens, taking into consideration the price
  216  and other criteria set forth in the request for proposal.
  217         3.a. An invitation to negotiate may be used if an
  218  invitation to bid or request for proposal is not practicable.
  219  Before issuing an invitation to negotiate, the executive
  220  director of Citizens must determine and specify in writing the
  221  reasons that procurement by invitation to bid or request for
  222  proposal is not applicable. The invitation to negotiate must
  223  describe the questions being explored, the facts being sought,
  224  the specific goals or problems that are the subject of the
  225  solicitation, and the criteria that shall be used to determine
  226  the acceptability of the reply and guide the selection of the
  227  vendor with which Citizens will negotiate.
  228         b. Citizens shall evaluate replies against the established
  229  evaluation criteria identified in the invitation-to-negotiate
  230  document. Citizens may select one or more vendors with which to
  231  commence negotiations. After negotiations are conducted,
  232  Citizens shall award the contract to the vendor determined to
  233  provide the best value to Citizens.
  234         4. In order for the purchasing department to initiate the
  235  competitive solicitation process, the following information must
  236  be provided by the business unit if practicable:
  237         a. Business and technical requirements and scope of work.
  238  This information must avoid use of brand names, unless used only
  239  as an indication of desired functionality or quality and the
  240  brand names are qualified with the phrase “or equivalent”;
  241         b. Performance criteria;
  242         c. Evaluation criteria;
  243         d. Specific deliverables;
  244         e. Service-level requirements; and
  245         f. Any information necessary to explain the business need
  246  or intended purpose.
  247         5. Citizens shall create a process for the evaluation of
  248  vendor proposals appropriate for the goods or services being
  249  procured and coordinate the receipt and evaluation of responses
  250  to the competitive solicitation. The process shall include the
  251  criteria to be evaluated and the method of evaluation and must
  252  include pricing as separately scored criteria. A competitive
  253  solicitation is subject to the requirements of chapter 286.
  254         6. Citizens shall give public notice of a competitive
  255  solicitation by electronically posting the competitive
  256  solicitation on its website and the state’s procurement website.
  257  Citizens shall post the notice at least 10 business days before
  258  the date set for receipt of bids, proposals, or replies unless
  259  Citizens determines in writing that a shorter period is
  260  necessary to avoid harming the interests of the state.
  261         7. A respondent to a solicitation under this section or any
  262  person acting on behalf of the respondent may not communicate
  263  with any member of the board, any employee of Citizens, or any
  264  public official, officer, or employee of the executive or
  265  legislative branch of government concerning any aspect of the
  266  solicitation, except a written or electronic communication to
  267  the procurement officer or such communication as provided for in
  268  the solicitation documents. The period of such prohibited
  269  communication begins when the solicitation is issued and ends 72
  270  hours after notice is given of a recommended award, a rejection
  271  of all proposals, or any other decision. A violation of this
  272  subparagraph may be grounds for rejecting a response.
  273         8. If a tie occurs in score or in price and if price is the
  274  only criterion during a competitive solicitation, Citizens shall
  275  determine the recommended vendor for the award based upon the
  276  following criteria, listed in order of priority:
  277         a. All goods and services of the vendor are manufactured or
  278  performed in the state.
  279         b. Certain foreign manufacturers of the vendor have
  280  employees in the state, as designated in s. 287.092.
  281         c. All goods and services of the vendor are manufactured or
  282  performed in the United States.
  283         d. The vendor is a Florida small business enterprise.
  284         e. The vendor has implemented a drug-free workplace program
  285  that meets the requirements of s. 287.087.
  286  
  287  If none of the criteria of this subparagraph resolves the tie,
  288  Citizens shall conduct a coin toss to determine the recommended
  289  vendor for award. Citizens shall notify the tied vendors of the
  290  tie and provide them with reasonable notice of the time and
  291  location of the coin toss, which they may attend.
  292         (c) If a vendor asserts that its bid contains information
  293  that is confidential and exempt from the public-records
  294  requirements of chapter 119, the vendor must submit with its bid
  295  response a version of all bid documents which redacts such
  296  information.
  297         (d) For contracts executed on or after January 1, 2012,
  298  Citizens shall post a copy of each contract executed, with
  299  necessary redactions, on its website for public access no later
  300  than 30 days after the date of execution.
  301         (6) APPEAL PROCESS.—
  302         (a) A respondent to a competitive solicitation may appeal
  303  the award of a contract by the board, including those contracts
  304  awarded under chapter 255, if the value of the contract is
  305  $100,000 or more. The appeal must be heard by the board at a
  306  publicly noticed meeting and conducted according to appeal
  307  procedures established by the board. Any further legal remedy
  308  shall be to the Circuit Court of Leon County, Florida.
  309         (b) A respondent to a competitive solicitation may appeal
  310  the award of a contract having a value at or above $35,000 and
  311  less than $100,000 according to appeal procedures established by
  312  the board. Such appeals are not required to be heard by the
  313  board. Any further legal remedy shall be to the Circuit Court of
  314  Leon County, Florida.
  315         (c) If the original award is overturned, the contract
  316  executed pursuant to the award shall be terminated.
  317         (7) EXEMPTIONS FROM COMPETITIVE SOLICITATION.—The following
  318  exemptions from competitive solicitation are authorized:
  319         (a)1. An emergency purchase is permitted only if the
  320  president of Citizens, in consultation with the chair or vice
  321  chair of the board, determines in writing that an immediate
  322  danger to the public health, safety, or welfare, or other
  323  immediate and substantial loss to Citizens or its policyholders
  324  requires emergency action, in which case Citizens may proceed
  325  with the procurement of goods or services necessitated by the
  326  immediate danger without receiving competitive bids or
  327  proposals. Citizens shall provide a report of any emergency
  328  purchase of goods or services to the board and the state’s Chief
  329  Financial Officer.
  330         2. In any emergency purchase of goods or services in excess
  331  of $35,000, each individual taking part in the development or
  332  selection of criteria for evaluation, the evaluation process, or
  333  the award process shall provide a completed and signed
  334  purchasing conflict-of-interest disclosure form by which each
  335  individual attests in writing that the individual does not have
  336  any conflict of interest in the entities evaluated or selected.
  337         (b)1. A sole source purchase is permitted only if the
  338  following steps have been completed:
  339         a. Citizens conducts an analysis of the marketplace for the
  340  goods or services; and
  341         b. Citizens determines in writing that the required goods
  342  or services are:
  343         (I) Available from only one supplier; or
  344         (II) Necessary or unique, for example, if the deliverable
  345  is copyrighted, patented, or proprietary, such as technology, or
  346  if there is an absence of competition or providers in the
  347  marketplace.
  348         2. If Citizens reasonably determines that goods or services
  349  qualify as a sole source purchase, it shall post on Citizens’
  350  website a description of the goods or services sought for at
  351  least 10 business days. If it is determined in writing by
  352  Citizens after reviewing any information received from
  353  prospective vendors that the goods or services qualify as a sole
  354  source purchase, Citizens shall notify each vendor and proceed
  355  with the purchase. A copy of the written determination shall be
  356  promptly furnished to the state’s Chief Financial Officer and
  357  the board. A sole source procurement must be discontinued and a
  358  competitive solicitation instituted when written information is
  359  timely received which demonstrates that the sole source process
  360  is not applicable.
  361         3. In any sole source purchase of goods or services in
  362  excess of $35,000, the individuals taking part in the
  363  development or selection of criteria for evaluation, the
  364  evaluation process, or the award process must provide a
  365  completed and signed purchasing conflict-of-interest disclosure
  366  form by which the individuals attest in writing that they do not
  367  have any conflict of interest in the entities evaluated or
  368  selected.
  369         (c) A purchase that is exempt from competitive solicitation
  370  as listed under s. 287.057(3)(f).
  371         (d) A contract with a financial service provider or
  372  underwriter of bonds which is subject to s. 627.3513.
  373         (e) A governmental contract if the contract was previously
  374  procured by a competitive solicitation process, and the contract
  375  is:
  376         1. An approved state term contract that complies with the
  377  requirements of ss. 287.056 and 287.057;
  378         2. Approved by the Department of Management Services;
  379         3. Procured by a state agency, political subdivision of the
  380  state, a state university or a Florida College System
  381  institution as defined in section 21 of chapter 2010-70, Laws of
  382  Florida; or
  383         4. An approved contract from the United States General
  384  Services Administration.
  385         (8) CONFLICT OF INTEREST.—Citizens’ purchasing policy must
  386  include procedures for protecting against any conflict of
  387  interest by Citizens’ board members, employees, and other expert
  388  consultants who are acting as evaluators in the purchasing
  389  process. Additionally, Citizens’ purchasing policy must address
  390  other procurement issues regarding conflicts of interest.
  391         (9) MINORITY BUSINESS ENTERPRISES.—
  392         (a) Citizens shall strive to increase business with
  393  minority business enterprises by providing education and
  394  outreach to minority businesses regarding business opportunities
  395  within Citizens, educating Citizens’ staff and vendors regarding
  396  opportunities for minority business enterprises, and tracking
  397  and monitoring purchases by minority business enterprises.
  398         (b) The director of Citizens’ purchasing department shall
  399  certify a business as a minority business enterprise upon review
  400  and evaluation of evidence provided by the business which
  401  demonstrates that it meets the definition of a minority business
  402  enterprise. Additionally, Citizens may accept minority business
  403  certifications from a federal, state, or other governmental
  404  agency or political subdivision.
  405         (10) FLORIDA SMALL BUSINESS ENTERPRISES.—
  406         (a) Citizens shall strive to increase business with Florida
  407  small business enterprises by providing education and outreach
  408  to Florida small business enterprises regarding business
  409  opportunities with Citizens, educating Citizens’ staff and
  410  vendors regarding opportunities for Florida small business
  411  enterprises, and tracking and monitoring purchases by Florida
  412  small business enterprises. Citizens may use a business’s status
  413  as a Florida small business enterprise as a vendor evaluation
  414  criterion in the procurement of goods or services if the use of
  415  such status may be beneficial for Citizens, its policyholders,
  416  or the state. A five-point preference may be awarded to vendors
  417  who meet the requirements for status as Florida small business
  418  enterprises for purposes of bid tabulation and comparison.
  419         (b) The director of Citizens’ purchasing department shall
  420  certify a business as a Florida small business enterprise upon
  421  review and evaluation of evidence provided by the entity which
  422  demonstrates that it meets the definition of a Florida small
  423  business enterprise. Additionally, Citizens may accept small
  424  business certifications from a federal, state, or other
  425  governmental agency or political subdivision.
  426         (11) FLORIDA BUSINESS ENTERPRISES.—
  427         (a) Citizens may use the Florida business enterprise status
  428  as a vendor-evaluation criterion in the procurement of goods or
  429  services if it determines that the use of a business based in
  430  this state may be beneficial for Citizens, its policyholders, or
  431  the state.
  432         (b) Citizens shall verify the status as a Florida business
  433  enterprise by a review of its corporate documentation.
  434         (12) ANNUAL REVIEW.—The Citizens’ board shall annually
  435  review and adopt the purchasing policy for the corporation to
  436  ensure compliance with this section. After adopting the
  437  purchasing policy, the board shall submit a copy of the policy
  438  to the Office of Insurance Regulation.
  439         (13) AUDITOR GENERAL REVIEW.—The Auditor General shall have
  440  access to any Citizens’ procurement documents and related
  441  materials. Such documents and materials held by the Auditor
  442  General must remain confidential as provided in s. 627.351(6) or
  443  other state law.
  444         Section 3. Subsection (6) of section 838.014, Florida
  445  Statutes, is amended to read:
  446         838.014 Definitions.—As used in this chapter, the term:
  447         (6) “Public servant” means:
  448         (a) Any officer or employee of a state, county, municipal,
  449  or special district agency or entity;
  450         (b) Any legislative or judicial officer or employee;
  451         (c) Any person, except a witness, who acts as a general or
  452  special magistrate, receiver, auditor, arbitrator, umpire,
  453  referee, consultant, or hearing officer while performing a
  454  governmental function; or
  455         (d) A candidate for election or appointment to any of the
  456  positions listed in this subsection, or an individual who has
  457  been elected to, but has yet to officially assume the
  458  responsibilities of, public office; or.
  459         (e) Any member of the board of governors or employee of
  460  Citizens Property Insurance Corporation.
  461         Section 4. This act shall take effect January 1, 2012.
  462  
  463  ================= T I T L E  A M E N D M E N T ================
  464         And the title is amended as follows:
  465         Delete everything before the enacting clause
  466  and insert:
  467                        A bill to be entitled                      
  468         An act relating to the Citizens Property Insurance
  469         Corporation; repealing s. 627.351(6)(e) and (f), F.S.,
  470         relating to the procurement of goods and services by
  471         the corporation; creating s. 627.3514, F.S.; providing
  472         standards for procurements by Citizens Property
  473         Insurance Corporation; providing legislative intent;
  474         providing definitions; providing general purchasing
  475         rules for the procurement of goods or services by the
  476         Citizens Property Insurance Corporation; requiring the
  477         corporation’s legal department and purchasing
  478         department to jointly prepare a contract for the
  479         procurement of goods or services; requiring the legal
  480         department to review and approve a contract before it
  481         is executed; providing that certain procurements of
  482         goods or services are subject to competitive
  483         solicitation; providing that a public bid opening is
  484         not required except under certain circumstances;
  485         requiring a competitive solicitation to include a
  486         contract term; requiring the corporation’s purchasing
  487         department to coordinate and manage the competitive
  488         solicitation process; providing for the use of four
  489         methods for the competitive solicitation process;
  490         requiring the business unit to provide certain
  491         information in order for the purchasing department to
  492         initiate the competitive solicitation process;
  493         requiring the corporation to create a process for the
  494         evaluation of vendor proposals appropriate for the
  495         goods or services being procured and to coordinate the
  496         receipt and evaluation of responses to the competitive
  497         solicitation; requiring the corporation to give public
  498         notice of a competitive solicitation by electronically
  499         posting the competitive solicitation on its website
  500         and the state’s procurement website; prohibiting
  501         certain persons from communicating with any member of
  502         the board or employee of Citizens Property Insurance
  503         Corporation, or with any public official, officer, or
  504         employee of the executive or legislative branch of
  505         government, concerning any aspect of the solicitation;
  506         providing a procedure for breaking a tie between two
  507         vendors in the competitive solicitation process;
  508         requiring the redaction of certain confidential and
  509         exempt information in a vendor’s bid; requiring the
  510         corporation to post a copy of each contract executed
  511         on its website for certain contracts executed on or
  512         after a specified date; authorizing a respondent to a
  513         competitive solicitation to appeal the award of
  514         certain contracts of more than a specified amount by
  515         the corporation’s board; requiring the corporation’s
  516         board to hear an appeal at a publicly noticed meeting
  517         conducted according to appeal procedures established
  518         by the board; authorizing a respondent to a
  519         competitive solicitation to appeal the award of a
  520         contract having a value at or above a specified amount
  521         and less than a specified amount according to appeal
  522         procedures established by the board; providing that
  523         such appeals are not required to be heard by the
  524         board; authorizing certain exemptions from the
  525         competitive solicitation process; requiring the
  526         corporation’s purchasing policy to address procurement
  527         issues regarding conflicts of interest and to include
  528         procedures for protecting against any conflict of
  529         interest by Citizens’ board members and employees and
  530         other expert consultants who are acting as an
  531         evaluator in the purchasing process; requiring the
  532         corporation to strive to increase business with
  533         minority business enterprises; requiring the director
  534         of purchasing to certify a business as a minority
  535         business enterprise upon review and evaluation of
  536         evidence provided by the business; requiring the
  537         corporation to strive to increase business with
  538         Florida small business enterprises by providing
  539         education and outreach to Florida small business
  540         enterprises regarding business opportunities with the
  541         corporation; authorizing the corporation to use the
  542         status of a business as a Florida small business
  543         enterprise as a vendor-evaluation criterion in the
  544         procurement of goods or services; requiring the
  545         director of the corporation’s purchasing department to
  546         certify a business as a Florida small business
  547         enterprise upon review and evaluation of evidence
  548         provided by the entity; authorizing the corporation to
  549         use the status of a business as a Florida business
  550         enterprise as a vendor-evaluation criterion in the
  551         procurement of goods or services; requiring the
  552         corporation to verify the status of a Florida business
  553         enterprise; requiring the corporation’s board to
  554         annually review and adopt the purchasing policy for
  555         the corporation; requiring the corporation’s board to
  556         submit a copy of the purchasing policy to the Office
  557         of Insurance Regulation; requiring the Auditor General
  558         to have access to the corporation’s procurement
  559         documents and related materials; requiring the
  560         documents and materials held by the Auditor General to
  561         remain confidential; amending s. 838.014, F.S.;
  562         including a board member or an employee of the
  563         corporation within the definition of the term “public
  564         servant” as it relates to the crime of bribery and the
  565         misuse of public office; providing an effective date.