Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1626
       
       
       
       
       
       
                                Barcode 725782                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/02/2012           .                                
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       The Committee on Banking and Insurance (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (i) of subsection (7) of
    6  section 11.45, Florida Statutes, are amended to read:
    7         11.45 Definitions; duties; authorities; reports; rules.—
    8         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
    9         (a) The Auditor General must shall notify the Legislative
   10  Auditing Committee of any local governmental entity, district
   11  school board, charter school, or charter technical career center
   12  that does not comply with the reporting requirements of s.
   13  215.985 or s. 218.39.
   14         (i) Beginning in 2012, the Auditor General shall annually
   15  transmit by July 15, to the President of the Senate, the Speaker
   16  of the House of Representatives, and the Department of Financial
   17  Services, a list of all school districts, charter schools,
   18  charter technical career centers, Florida College System
   19  institutions, state universities, and water management districts
   20  that have failed to comply with the transparency requirements of
   21  s. 215.985 as identified in the audit reports reviewed pursuant
   22  to paragraph (b) and those conducted pursuant to subsection (2).
   23         Section 2. Section 215.971, Florida Statutes, is amended to
   24  read:
   25         215.971 Agreements funded with federal and state
   26  assistance.—
   27         (1) For an agency agreement that provides state financial
   28  assistance to a recipient or subrecipient, as those terms are
   29  defined in s. 215.97, or that provides federal financial
   30  assistance to a subrecipient, as defined by applicable United
   31  States Office of Management and Budget circulars, the agreement
   32  must shall include a provision:
   33         (a)(1)A provision Specifying a scope of work that clearly
   34  establishes the tasks that the recipient or subrecipient is
   35  required to perform; and
   36         (b)(2)A provision Dividing the agreement into quantifiable
   37  units of deliverables which that must be received and accepted
   38  in writing by the agency before payment. Each deliverable must
   39  be directly related to the scope of work and must specify a
   40  performance measure. As used in this paragraph, the term
   41  “performance measure” means the required minimum level of
   42  service to be performed and the criteria for evaluating the
   43  successful completion of each deliverable.
   44         (2) Effective October 1, 2012, before execution, agreements
   45  to be funded with state or federal financial assistance must be
   46  submitted for review and approval in accordance with rules
   47  adopted by the Department of Financial Services. The review must
   48  ensure that the agreement document contains a clear statement of
   49  work, quantifiable and measureable deliverables, performance
   50  measures, and financial consequences for nonperformance. An
   51  agreement that does not comply with this subsection may be
   52  rejected and returned to the submitting agency for revision.
   53         (3) The Chief Financial Officer may establish dollar
   54  thresholds and other criteria for sampling the agreements that
   55  are to be reviewed prior to execution. The Chief Financial
   56  Officer may revise such thresholds and other criteria for an
   57  agency or the unit of any agency as he or she deems appropriate.
   58         (4) The department has 30 days to make a final
   59  determination regarding approval of an agreement. The department
   60  and the agency entering into the agreement may agree to a longer
   61  review period to ensure the thorough consideration of the
   62  procurement process and its results.
   63         (5) For each agreement funded with federal or state
   64  assistance, the contracting agency shall designate an employee
   65  to function as grant manager who shall be responsible for
   66  enforcing performance of the agreement terms and conditions and
   67  serve as a liaison with the recipient. A grant manager who is
   68  responsible for one or more agreements in excess of the
   69  threshold amount provided in s. 287.017 for CATEGORY FIVE must
   70  be certified under s. 287.1312. The Chief Financial Officer
   71  shall establish and disseminate uniform procedures for payment
   72  requests pursuant to s. 17.03(3) to ensure that services are
   73  rendered in accordance with the agreement terms before the
   74  agency processes an invoice for payment. The procedures must
   75  include, but need not be limited to, procedures for monitoring
   76  and documenting a recipient’s performance, reviewing and
   77  documenting all deliverables for which payment is requested by
   78  the recipient, and providing written certification by the grant
   79  manager of the agency’s receipt of goods and services.
   80         Section 3. Subsection (16) of section 215.985, Florida
   81  Statutes, is amended to read:
   82         215.985 Transparency in government spending.—
   83         (16) The Chief Financial Officer shall establish and
   84  maintain a secure, shared, intergovernmental contract tracking
   85  provide public access to a state contract management system.
   86         (a) Within 30 calendar days after executing a contract,
   87  each state agency as defined in s. 216.011(1), and, effective
   88  November 1, 2013, each local governmental entity and independent
   89  special district as defined in s. 218.31, each district school
   90  board as described in s. 1001.32, the Board of Governors of the
   91  State University System as described in s. 1001.70, and each
   92  Florida College System institution board of trustees as
   93  described in s. 1001.61 must post the following that provides
   94  information and documentation relating to that contract on the
   95  contract tracking system: contracts procured by governmental
   96  entities.
   97         1. The name of the contracting entities;
   98         2. The procurement method;
   99         3. The contract beginning and ending dates;
  100         4. The nature or type of the commodities or services
  101  purchased;
  102         5. Applicable contract unit prices and deliverables;
  103         6. Total compensation to be paid or received under the
  104  contract;
  105         7. All payments made to the contract vendor to date;
  106         8. All commodities or services received from the contract
  107  vendor to date;
  108         9. Applicable contract performance measures;
  109         10. Contract extensions or renewals, if any;
  110         11. The justification for not using competitive
  111  solicitation to procure the contract, including citation to any
  112  statutory exemption or exception from competitive solicitation,
  113  if applicable;
  114         12. Electronic copies of the contract and procurement
  115  documents, including any provision that may have been redacted
  116  to conceal exempt or confidential information; and
  117         13.Any other information regarding the contract or the
  118  procurement which may be required by the Department of Financial
  119  Services.
  120         (a) The data collected in the system must include, but need
  121  not be limited to, the contracting agency; the procurement
  122  method; the contract beginning and ending dates; the type of
  123  commodity or service; the purpose of the commodity or service;
  124  the compensation to be paid; compliance information, such as
  125  performance metrics for the service or commodity; contract
  126  violations; the number of extensions or renewals; and the
  127  statutory authority for providing the service.
  128         (b) Within 30 calendar days after a major modification or
  129  amendment change to an existing contract, or the execution of a
  130  new contract, agency procurement staff of the affected state
  131  governmental entity must shall update the necessary information
  132  described in paragraph (a) in the state contract tracking
  133  management system. A major modification or amendment change to a
  134  contract includes, but is not limited to, a renewal,
  135  termination, or extension of the contract, or an amendment to
  136  the contract as determined by the Chief Financial Officer.
  137         (c) Each entity identified in paragraph (a) must redact, as
  138  defined in s. 119.011, any exempt or confidential information,
  139  including trade secrets as defined in s. 688.002 or s. 812.081,
  140  from the contract or procurement documents before posting an
  141  electronic copy of such documents on the contract tracking
  142  system.
  143         1. If an entity becomes aware that an electronic copy of a
  144  contract or procurement document that it posted has not been
  145  properly redacted, the entity must replace the electronic copy
  146  of the documents with a redacted copy.
  147         2. If a party to a contract, or an authorized
  148  representative thereof, discovers that an electronic copy of a
  149  contract or procurement document on the system has not been
  150  properly redacted, the party or representative may request the
  151  entity that posted the document to redact the exempt or
  152  confidential information. Upon receipt of a request in
  153  compliance with this subparagraph, the entity that posted the
  154  document shall redact the exempt or confidential information.
  155         a. Such request must be in writing and delivered by mail,
  156  facsimile, or electronic transmission, or in person to the
  157  entity that posted the information. The request must identify
  158  the specific document, the page numbers that include the exempt
  159  or confidential information, the information that is exempt or
  160  confidential, and the relevant statutory exemption. A fee may
  161  not be charged for a redaction made pursuant to such request.
  162         b. If necessary, a party to the contract may petition the
  163  circuit court for an order directing compliance with this
  164  paragraph.
  165         3. The Chief Financial Officer, the Department of Financial
  166  Services, or any officer, employee, or contractor thereof, is
  167  not responsible for redacting exempt or confidential information
  168  from an electronic copy of a contract or procurement document
  169  posted by another entity on the system, and is not liable for
  170  the failure of the entity to redact the exempt or confidential
  171  information. The Department of Financial Services may notify the
  172  posting entity if it discovers that a document posted on the
  173  tracking system contains exempt or confidential information.
  174         (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
  175  Officer may make information posted on the contract tracking
  176  system available for viewing and downloading by the public
  177  through a secure website. Unless otherwise provided by law,
  178  information retrieved electronically pursuant to this paragraph
  179  is not admissible in court as an authenticated document.
  180         1. The Chief Financial Officer may regulate and prohibit
  181  the posting of records that could facilitate identity theft or
  182  fraud, such as signatures; compromise or reveal an agency
  183  investigation; reveal the identity of undercover personnel;
  184  reveal proprietary confidential business information or trade
  185  secrets; reveal an individual’s medical information; or reveal
  186  any other record or information that the Chief Financial Officer
  187  believes may jeopardize the health, safety, or welfare of the
  188  public. However, such prohibition does not eliminate the duty of
  189  an entity to provide a copy of a public record upon request. The
  190  Chief Financial Officer shall use appropriate Internet security
  191  measures to ensure that no person has the ability to alter or
  192  modify records available on the website.
  193         2. Records made available on the website, including
  194  electronic copies of contracts or procurement documents, may not
  195  reveal information made exempt or confidential by law. Notice of
  196  the right of an affected party to request redaction of exempt or
  197  confidential information pursuant to paragraph (c) must be
  198  conspicuously and clearly displayed on the website. This
  199  includes, but is not limited to:
  200         a. Criminal intelligence or criminal investigative
  201  information as defined in s. 119.011;
  202         b. Surveillance techniques or procedures or personnel;
  203         c. The identity of a confidential informant or confidential
  204  source;
  205         d. The identify of undercover personnel of a criminal
  206  justice agency;
  207         e. A security system plan; or
  208         f. Trade secret as defined in s. 688.002 or s. 812.081.
  209         (e) The posting of information on the contract tracking
  210  system or the provision of contract information on a website for
  211  public viewing and downloading does not eliminate the duty of an
  212  entity to respond to a public record request for such
  213  information or to a subpoena for such information.
  214         1. A request for a copy of a contract or procurement
  215  document or a certified copy of a contract or procurement
  216  document shall be made to the entity that is party to the
  217  contract and that maintains the original documents. Such request
  218  may not be made to the Chief Financial Officer or the Department
  219  of Financial Services or any officer, employee, or contractor
  220  thereof unless the Chief Financial Officer or the department is
  221  a party to the contract.
  222         2. A subpoena for a copy of a contract or procurement
  223  document or certified copy of a contract or procurement document
  224  must be served on the entity that is a party to the contract and
  225  that maintains the original documents. The Chief Financial
  226  Officer or the Department of Financial Services or any officer,
  227  employee, or contractor thereof may not be served a subpoena for
  228  those records unless the Chief Financial Officer or the
  229  department is a party to the contract.
  230         (f) The Department of Financial Services may adopt rules to
  231  administer this subsection.
  232         Section 4. Section 216.0111, Florida Statutes, is repealed.
  233         Section 5. Effective October 1, 2013, section 287.032,
  234  Florida Statutes, is amended to read:
  235         287.032 Departmental responsibility purpose of department.
  236  Pursuant to the administration of this chapter:
  237         (1)It shall be The responsibility purpose of the
  238  Department of Management Services is to:
  239         (a)(1)To Promote efficiency, economy, and the conservation
  240  of energy and coordinate to effect coordination in the purchase
  241  of commodities and contractual services for the state.
  242         (2) To provide uniform commodity and contractual service
  243  procurement policies, rules, procedures, and forms for use by
  244  agencies and eligible users.
  245         (b)(3)To Procure and distribute federal surplus tangible
  246  personal property allocated to the state by the Federal
  247  Government.
  248         (2) The responsibility of the Department of Financial
  249  Services is to:
  250         (a) Provide uniform commodity and contractual service
  251  procurement policies, rules, procedures, and forms for use by
  252  agencies and eligible users.
  253         (b) Monitor agencies with respect to compliance with
  254  established policies, rules, and procedures.
  255         Section 6. Effective October 1, 2013, section 287.042,
  256  Florida Statutes, is amended to read:
  257         287.042 Powers, duties, and functions of the Department of
  258  Management Services.—The department is responsible for the
  259  procurement of commodities and contractual services for agencies
  260  and has shall have the following powers, duties, and functions:
  261         (1)(a) To canvass all sources of supply, establish and
  262  maintain a vendor list, and contract for the purchase, lease, or
  263  acquisition, including purchase by installment sales or lease
  264  purchase contracts which may provide for the payment of interest
  265  on unpaid portions of the purchase price, of all commodities and
  266  contractual services required by an any agency under this
  267  chapter. A Any contract providing for deferred payments and the
  268  payment of interest is shall be subject to specific rules
  269  adopted by the Department of Financial Services.
  270         (a)(b)The department shall develop a list of interested
  271  vendors to be maintained by classes of commodities and
  272  contractual services. The list may not be used to prequalify a
  273  vendor or to exclude an interested vendor from bidding. However,
  274  a vendor barred by the Chief Financial Officer pursuant to s.
  275  287.044(7) may not be included on the list. The department may
  276  remove from the its vendor list any source of supply which fails
  277  to fulfill any of its duties specified in a contract with the
  278  state. The department It may reinstate any such source of supply
  279  if the department when it is satisfied that further instances of
  280  default will not occur.
  281         (b)(c) In order to promote the cost-effective procurement
  282  of commodities and contractual services, the department or an
  283  agency may enter into contracts that limit the liability of a
  284  vendor consistent with s. 672.719.
  285         (d) The department shall issue commodity numbers for all
  286  products of the corporation operating the correctional industry
  287  program which meet or exceed department specifications.
  288         (c)(e) The department shall include the products offered by
  289  the corporation operating the correctional industry program on
  290  any listing prepared by the department which lists state term
  291  contracts executed by the department. The products or services
  292  shall be placed on such list in a category based upon
  293  specification criteria developed through a joint effort of the
  294  department and the corporation and approved by the department.
  295         1.(f) The corporation may submit products and services to
  296  the department for testing, analysis, and review relating to the
  297  quality and cost comparability. If, after review and testing,
  298  the department approves of the products and services, the
  299  department shall give written notice thereof to the corporation.
  300  The corporation shall pay a reasonable fee charged for the
  301  testing of its products by the Department of Agriculture and
  302  Consumer Services.
  303         2. The department shall issue a commodity number for all
  304  products of the corporation which meet or exceed department
  305  specifications.
  306         (d)(g) The department shall include products and services
  307  that are offered by a qualified nonprofit agency for the blind
  308  or for the other severely handicapped organized pursuant to
  309  chapter 413 and that have been determined to be suitable for
  310  purchase pursuant to s. 413.035 on a any department listing of
  311  state term contracts. The products and services shall be placed
  312  on such list in a category based upon specification criteria
  313  developed by the department in consultation with the qualified
  314  nonprofit agency.
  315         (e)(h) The department may collect fees for the use of its
  316  electronic information services. The fees may be imposed on an
  317  individual transaction basis or as a fixed subscription for a
  318  designated period of time. At a minimum, the fees shall be
  319  determined in an amount sufficient to cover the department’s
  320  projected costs for of the services, including overhead, in
  321  accordance with the policies of the department of Management
  322  Services for computing its administrative assessment. All fees
  323  collected under this paragraph shall be deposited in the
  324  Operating Trust Fund for disbursement as provided by law.
  325         (2)(a) To establish purchasing agreements and procure state
  326  term contracts for commodities and contractual services,
  327  pursuant to s. 287.057, under which state agencies shall, and
  328  eligible users may, make purchases pursuant to s. 287.056.
  329         (a) The department may restrict purchases by from some term
  330  contracts to state agencies from only for those term contracts
  331  if where the inclusion of other governmental entities will have
  332  an adverse effect on competition or on to those federal
  333  facilities located in this state. In such planning or
  334  purchasing, the office of Supplier Diversity may monitor to
  335  ensure that opportunities are afforded for contracting with
  336  minority business enterprises. The department, for state term
  337  contracts, and all agencies, for multiyear contractual services
  338  or term contracts, shall explore reasonable and economical means
  339  to use utilize certified minority business enterprises.
  340  Purchases by any county, municipality, private nonprofit
  341  community transportation coordinator designated pursuant to
  342  chapter 427, while conducting business related solely to the
  343  Commission for the Transportation Disadvantaged, or other local
  344  public agency under the provisions in the state purchasing
  345  contracts, and purchases, from the corporation operating the
  346  correctional work programs, of products or services that are
  347  subject to paragraph (1)(c) (1)(f), are exempt from the
  348  competitive solicitation requirements otherwise applying to
  349  their purchases.
  350         (b) As an alternative to any provision in s. 120.57(3)(c),
  351  the department may proceed with the competitive solicitation or
  352  contract award process of a term contract if when the secretary
  353  of the department or his or her designee sets forth in writing
  354  particular facts and circumstances that which demonstrate that
  355  the delay incident to staying the solicitation or contract award
  356  process would be detrimental to the interests of the state. If,
  357  after the award of the a contract resulting from a competitive
  358  solicitation in which a timely protest was received and in which
  359  the state did not prevail, the contract may be canceled and
  360  reawarded.
  361         (c) Any person who files an action protesting a decision or
  362  intended decision pertaining to contracts administered by the
  363  department, a water management district, or an agency pursuant
  364  to s. 120.57(3)(b) shall post with the department, the water
  365  management district, or the agency at the time of filing the
  366  formal written protest a bond payable to the department, the
  367  water management district, or agency in an amount equal to 1
  368  percent of the estimated contract amount. For protests of
  369  decisions or intended decisions pertaining to exceptional
  370  purchases, the bond must shall be in an amount equal to 1
  371  percent of the estimated contract amount for the exceptional
  372  purchase.
  373         1. The estimated contract amount shall be based upon the
  374  contract price submitted by the protestor or, if no contract
  375  price was submitted, the department, water management district,
  376  or agency shall estimate the contract amount based on factors,
  377  including, but not limited to, the price of previous or existing
  378  contracts for similar commodities or contractual services, the
  379  amount appropriated by the Legislature for the contract, or the
  380  fair market value of similar commodities or contractual
  381  services. The agency shall provide the estimated contract amount
  382  to the vendor within 72 hours, excluding Saturdays, Sundays, and
  383  state holidays, after the filing of the notice of protest by the
  384  vendor. The estimated contract amount is not subject to protest
  385  pursuant to s. 120.57(3).
  386         2. The bond shall be conditioned upon the payment of all
  387  costs and charges that are adjudged against the protestor in the
  388  administrative hearing in which the action is brought and in any
  389  subsequent appellate court proceeding.
  390         3. In lieu of a bond, the department, the water management
  391  district, or agency may, in either case, accept a cashier’s
  392  check, official bank check, or money order in the amount of the
  393  bond.
  394         4. If, after completion of the administrative hearing
  395  process and any appellate court proceedings, the department,
  396  water management district, or agency prevails, it shall recover
  397  all costs and charges, which must shall be included in the final
  398  order or judgment, excluding attorney attorney’s fees. This
  399  section shall not apply to protests filed by the Office of
  400  Supplier Diversity. Upon payment of such costs and charges by
  401  the protestor, the bond, cashier’s check, official bank check,
  402  or money order shall be returned to the protestor. If, after the
  403  completion of the administrative hearing process and any
  404  appellate court proceedings, the protestor prevails, the
  405  protestor may shall recover from the department, water
  406  management district, or agency all costs and charges that are
  407  which shall be included in the final order or judgment,
  408  excluding attorney attorney’s fees.
  409         5. This paragraph does not apply to protests filed by the
  410  office.
  411         (3) To establish a system of coordinated, uniform
  412  procurement policies, procedures, and practices to be used by
  413  agencies in acquiring commodities and contractual services,
  414  which shall include, but not be limited to:
  415         (a) Development of a list of interested vendors to be
  416  maintained by classes of commodities and contractual services.
  417  This list shall not be used to prequalify vendors or to exclude
  418  any interested vendor from bidding.
  419         (b)1. Development of procedures for advertising
  420  solicitations. These procedures must provide for electronic
  421  posting of solicitations for at least 10 days before the date
  422  set for receipt of bids, proposals, or replies, unless the
  423  department or other agency determines in writing that a shorter
  424  period of time is necessary to avoid harming the interests of
  425  the state. The Office of Supplier Diversity may consult with the
  426  department regarding the development of solicitation
  427  distribution procedures to ensure that maximum distribution is
  428  afforded to certified minority business enterprises as defined
  429  in s. 288.703.
  430         2. Development of procedures for electronic posting. The
  431  department shall designate a centralized website on the Internet
  432  for the department and other agencies to electronically post
  433  solicitations, decisions or intended decisions, and other
  434  matters relating to procurement.
  435         (c) Development of procedures for the receipt and opening
  436  of bids, proposals, or replies by an agency. Such procedures
  437  shall provide the Office of Supplier Diversity an opportunity to
  438  monitor and ensure that the contract award is consistent with
  439  the requirements of s. 287.09451.
  440         (d) Development of procedures to be used by an agency in
  441  deciding to contract, including, but not limited to, identifying
  442  and assessing in writing project needs and requirements,
  443  availability of agency employees, budgetary constraints or
  444  availability, facility equipment availability, current and
  445  projected agency workload capabilities, and the ability of any
  446  other state agency to perform the services.
  447         (e) Development of procedures to be used by an agency in
  448  maintaining a contract file for each contract which shall
  449  include, but not be limited to, all pertinent information
  450  relating to the contract during the preparatory stages; a copy
  451  of the solicitation; documentation relating to the solicitation
  452  process; opening of bids, proposals, or replies; evaluation and
  453  tabulation of bids, proposals, or replies; and determination and
  454  notice of award of contract.
  455         (f) Development of procedures to be used by an agency for
  456  issuing solicitations that include requirements to describe
  457  commodities, services, scope of work, and deliverables in a
  458  manner that promotes competition.
  459         (g) Development of procedures to be used by an agency when
  460  issuing requests for information and requests for quotes.
  461         (h) Development of procedures to be used by state agencies
  462  when procuring information technology commodities and
  463  contractual services that ensure compliance with public records
  464  requirements and records retention and archiving requirements.
  465         (4)(a) To prescribe the methods of securing competitive
  466  sealed bids, proposals, and replies. Such methods may include,
  467  but are not limited to, procedures for identifying vendors;
  468  setting qualifications; conducting conferences or written
  469  question and answer periods for purposes of responding to vendor
  470  questions; evaluating bids, proposals, and replies; ranking and
  471  selecting vendors; and conducting negotiations.
  472         (b) To prescribe procedures for procuring information
  473  technology and information technology consultant services that
  474  provide for public announcement and qualification, competitive
  475  solicitations, contract award, and prohibition against
  476  contingent fees. Such procedures are limited to information
  477  technology consultant contracts for which the total project
  478  costs, or planning or study activities, are estimated to exceed
  479  the threshold amount provided in s. 287.017, for CATEGORY TWO.
  480         (3)(5) To prescribe specific commodities and quantities to
  481  be purchased locally.
  482         (6)(a) To govern the purchase by any agency of any
  483  commodity or contractual service and to establish standards and
  484  specifications for any commodity.
  485         (4)(b) Except for the purchase of insurance, to the
  486  department may delegate to agencies the authority for the
  487  procurement of and contracting for commodities or contractual
  488  services.
  489         (7) To establish definitions and classes of commodities and
  490  contractual services. Agencies shall follow the definitions and
  491  classes of commodities and contractual services established by
  492  the department in acquiring or purchasing commodities or
  493  contractual services. The authority of the department under this
  494  section shall not be construed to impair or interfere with the
  495  determination by state agencies of their need for, or their use
  496  of, services including particular specifications.
  497         (8) To provide any commodity and contractual service
  498  purchasing rules to the Chief Financial Officer and all agencies
  499  through an electronic medium or other means. Agencies may not
  500  approve any account or request any payment of any account for
  501  the purchase of any commodity or the procurement of any
  502  contractual service covered by a purchasing or contractual
  503  service rule except as authorized therein. The department shall
  504  furnish copies of rules adopted by the department to any county,
  505  municipality, or other local public agency requesting them.
  506         (5)(9) To require that every agency furnish information
  507  relative to its commodity and contractual services purchases and
  508  methods of purchasing commodities and contractual services to
  509  the department when so requested.
  510         (6)(10) To prepare statistical data concerning the method
  511  of procurement, terms, usage, and disposition of commodities and
  512  contractual services by agencies. All agencies shall furnish
  513  such information for this purpose to the office and to the
  514  department, as the department or office may call for, but at
  515  least no less frequently than annually, on such forms or in such
  516  manner as the department may prescribe.
  517         (11) To establish and maintain programs for the purpose of
  518  disseminating information to government, industry, educational
  519  institutions, and the general public concerning policies,
  520  procedures, rules, and forms for the procurement of commodities
  521  and contractual services.
  522         (7)(12) Except as otherwise provided in this section
  523  herein, to adopt rules necessary to carry out the purposes of
  524  this section, including the authority to delegate to any agency
  525  any and all of the responsibility conferred by this section,
  526  retaining to the department any and all authority for
  527  supervision thereof. Such purchasing of commodities and
  528  procurement of contractual services by state agencies must also
  529  shall be in strict accordance with the rules and procedures
  530  prescribed by the Department of Financial Services.
  531         (8)(13) If the department determines in writing that it is
  532  in the best interest of the state, to award to multiple
  533  suppliers contracts for commodities and contractual services
  534  established by the department for use by all agencies. Such
  535  awards may be on a statewide or regional basis. If regional
  536  contracts are established by the department, multiple supplier
  537  awards may be based upon multiple awards for regions. Agencies
  538  may award contracts to a responsible and responsive vendor on a
  539  statewide or regional basis.
  540         (9)(14) To procure and distribute federal surplus tangible
  541  personal property allocated to the state by the Federal
  542  Government.
  543         (10)(15) To enter into joint agreements with governmental
  544  agencies, as defined in s. 163.3164, for the purpose of pooling
  545  funds for the purchase of commodities or information technology
  546  that can be used by multiple agencies.
  547         (a) Each agency that has been appropriated or has existing
  548  funds for such purchase, shall, upon contract award by the
  549  department, transfer their portion of the funds into the
  550  department’s Operating Trust Fund for payment by the department.
  551  The funds shall be transferred by the Executive Office of the
  552  Governor pursuant to the agency budget amendment request
  553  provisions in chapter 216.
  554         (b) Agencies that sign the joint agreements are financially
  555  obligated for their portion of the agreed-upon funds. If an
  556  agency becomes more than 90 days delinquent in paying the funds,
  557  the department shall certify to the Chief Financial Officer the
  558  amount due, and the Chief Financial Officer shall transfer the
  559  amount due to the Operating Trust Fund of the department from
  560  any of the agency’s available funds. The Chief Financial Officer
  561  shall report these transfers and the reasons for the transfers
  562  to the Executive Office of the Governor and the legislative
  563  appropriations committees.
  564         (11)(16) To evaluate contracts let by the Federal
  565  Government, another state, or a political subdivision for the
  566  provision of commodities and contract services, and, if it is
  567  determined in writing to be cost-effective and in the best
  568  interest of the state, to enter into a written agreement
  569  authorizing an agency to make purchases under such contract.
  570         (12)(17)(a) To enter into contracts pursuant to chapter 957
  571  for the designing, financing, acquiring, leasing, constructing,
  572  or operating of private correctional facilities. The department
  573  shall enter into such a contract or contracts with one
  574  contractor per facility for the designing, acquiring, financing,
  575  leasing, constructing, and operating of that facility or may, if
  576  specifically authorized by the Legislature, separately contract
  577  for each of any such services.
  578         (a)(b)The department shall also To manage and enforce
  579  compliance with existing or future contracts entered into
  580  pursuant to chapter 957.
  581         (b) The department may not delegate the responsibilities
  582  conferred by this subsection.
  583         Section 7. Effective October 1, 2013, section 287.044,
  584  Florida Statutes, is created to read:
  585         287.044Powers, duties, and functions of the Department of
  586  Financial Services.—The Department of Financial Services is
  587  responsible for establishing and enforcing procurement and
  588  contracting policies and procedures for the Department of
  589  Management Services and all agencies. The Department of
  590  Financial Services has the following powers, duties, and
  591  functions:
  592         (1)To establish a system of coordinated and uniform
  593  procurement policies, procedures, and practices to be used by
  594  agencies when acquiring commodities and contractual services,
  595  which includes, but is not limited to:
  596         (a)The development of procedures to be used by an agency
  597  for issuing or advertising solicitations which include
  598  requirements for the agency to describe commodities, services,
  599  scope of work, and deliverables in a manner that promotes
  600  competition.
  601         1.Such procedures must provide for electronic posting of
  602  solicitations at least 10 days before the date set for receipt
  603  of bids, proposals, or replies, unless the agency determines in
  604  writing that a shorter period of time is necessary to avoid
  605  harming the interests of the state.
  606         2. The office may consult with the department regarding the
  607  development of solicitation distribution procedures to ensure
  608  that maximum distribution is afforded to certified minority
  609  business enterprises as defined in s. 288.703.
  610         3. The department shall designate a centralized website on
  611  the Internet for the department and other agencies to
  612  electronically post solicitations, decisions or intended
  613  decisions, and other matters relating to procurement.
  614         (b)The development of procedures to be used by an agency
  615  when issuing requests for information and requests for quotes.
  616         (c)The development of procedures to be used by state
  617  agencies when procuring information technology commodities and
  618  contractual services which ensure compliance with public records
  619  requirements and records retention and archiving requirements.
  620         (d)The development of procedures for the receipt and
  621  opening of bids, proposals, or replies by an agency. Such
  622  procedures must provide the office an opportunity to monitor and
  623  to ensure that the contract award is consistent with the
  624  requirements of s. 287.09451.
  625         (e)The development of procedures to be used by an agency
  626  in deciding to contract, including, but not limited to,
  627  identifying and assessing in writing project needs and
  628  requirements, availability of agency employees, budgetary
  629  availability or constraints, availability of facility equipment,
  630  current and projected agency workload capabilities, and the
  631  ability of another state agency to perform the services.
  632         (f) The development of procedures for recording and
  633  maintaining support documentation for a cost or price analysis
  634  to be performed before the award of a contract in excess of the
  635  threshold amount provided in s. 287.017 for CATEGORY FOUR. The
  636  cost or price analysis shall be used to validate the
  637  reasonableness of bids, proposals, or replies.
  638         (g) The development of procedures to be used by state
  639  agencies when entering into contracts which ensure standard
  640  formats, quantifiable and measurable deliverables, performance
  641  measures, and financial consequences for nonperformance.
  642         (h)The development of procedures to be used by an agency
  643  in maintaining a contract file for each contract which includes,
  644  but is not limited to, all pertinent information relating to the
  645  contract during the preparatory stages; the solicitation
  646  process, including a copy of the solicitation; the opening of
  647  bids, proposals, or replies; the evaluation and tabulation of
  648  bids, proposals, or replies; and the determination and notice of
  649  contract award.
  650         (2)To prescribe the methods of securing competitive sealed
  651  bids, proposals, and replies. Such methods may include, but are
  652  not limited to, procedures for identifying vendors; setting
  653  qualifications; conducting conferences or written question and
  654  answer periods for purposes of responding to vendor questions;
  655  evaluating bids, proposals, and replies; ranking and selecting
  656  vendors; and conducting negotiations.
  657         (3)To prescribe procedures for procuring information
  658  technology and information technology consultant services which
  659  provide for public announcement and qualification, competitive
  660  solicitations, the contract award, and a prohibition against
  661  contingent fees. Such procedures are limited to information
  662  technology consultant contracts for which the total project
  663  costs, or planning or study activities, are estimated to exceed
  664  the threshold amount provided in s. 287.017 for CATEGORY TWO.
  665         (4) To govern the purchase by an agency of any commodity or
  666  contractual service and to establish standards and
  667  specifications for a commodity. The Chief Financial Officer
  668  shall establish definitions and classes of commodities and
  669  contractual services which agencies must adhere to in acquiring
  670  or purchasing commodities or contractual services. The
  671  department’s authority under this section may not impair or
  672  interfere with an agency’s determination of its need for, or use
  673  of, services that include particular specifications.
  674         (5)To provide to agencies through an electronic medium or
  675  other means rules for purchasing commodities and contractual
  676  services. Agencies may not approve any account, or request
  677  payment of any account, for the purchase of any commodity or the
  678  procurement of any contractual service covered by a purchasing
  679  or contractual service rule except as authorized by such rule.
  680  The department shall furnish copies of rules adopted by the
  681  department to any county, municipality, or other local public
  682  agency requesting them.
  683         (6)To establish and maintain programs that disseminate
  684  information to governmental entities, industry vendors,
  685  educational institutions, and the general public concerning
  686  policies, procedures, rules, and forms for the procurement of
  687  commodities and contractual services.
  688         (7) To establish and maintain a list of vendors that are
  689  not allowed to do business with the state pursuant to ss.
  690  287.132(4) and 287.133. The department may add to the list
  691  vendors that are not compliant with federal or state laws, or
  692  that the department determines have uncollected accounts that
  693  are owed to the state.
  694         Section 8. Paragraph (f) of subsection (3) and subsections
  695  (9), (14), and (16) of section 287.057, Florida Statutes, are
  696  amended, and subsection (24) is added to that section, to read:
  697         287.057 Procurement of commodities or contractual
  698  services.—
  699         (3) When the purchase price of commodities or contractual
  700  services exceeds the threshold amount provided in s. 287.017 for
  701  CATEGORY TWO, no purchase of commodities or contractual services
  702  may be made without receiving competitive sealed bids,
  703  competitive sealed proposals, or competitive sealed replies
  704  unless:
  705         (f) The following contractual services and commodities are
  706  not subject to the competitive-solicitation requirements of this
  707  section:
  708         1. Artistic services. For the purposes of this subsection,
  709  the term “artistic services” does not include advertising or
  710  typesetting. As used in this subparagraph, the term
  711  “advertising” means the making of a representation in any form
  712  in connection with a trade, business, craft, or profession in
  713  order to promote the supply of commodities or services by the
  714  person promoting the commodities or contractual services.
  715         2. Academic program reviews if the fee for such services
  716  does not exceed $50,000.
  717         3. Lectures by individuals.
  718         1.4. Legal services, including attorney, paralegal, expert
  719  witness, appraisal, or mediator services.
  720         2.5.a. Health services involving examination, diagnosis,
  721  treatment, prevention, medical consultation, or administration,
  722  and,.
  723         b. beginning January 1, 2011, health services, including,
  724  but not limited to, substance abuse and mental health services,
  725  involving examination, diagnosis, treatment, prevention, or
  726  medical consultation, if when such services are offered to
  727  eligible individuals participating in a specific program that
  728  qualifies multiple providers and uses a standard payment
  729  methodology. Reimbursement of administrative costs for providers
  730  of services purchased in this manner are shall also be exempt.
  731  For purposes of this subparagraph sub-subparagraph, the term
  732  “providers” means health professionals, health facilities, or
  733  organizations that deliver or arrange for the delivery of health
  734  services.
  735         3.6. Services provided to persons with mental or physical
  736  disabilities by not-for-profit corporations that which have
  737  obtained exemptions under the provisions of s. 501(c)(3) of the
  738  United States Internal Revenue Code or if when such services are
  739  governed by the provisions of Office of Management and Budget
  740  Circular A-122. However, in acquiring such services, the agency
  741  must shall consider the vendor’s ability of the vendor, past
  742  performance, willingness to meet time requirements, and price.
  743         4.7. Medicaid services delivered to an eligible Medicaid
  744  recipient, unless the agency is directed otherwise in law.
  745         5.8. Family placement services.
  746         6.9. Prevention services related to mental health,
  747  including drug abuse prevention programs, child abuse prevention
  748  programs, and shelters for runaways, operated by not-for-profit
  749  corporations. However, in acquiring such services, the agency
  750  must shall consider the vendor’s ability of the vendor, past
  751  performance, willingness to meet time requirements, and price.
  752         10. Training and education services provided to injured
  753  employees pursuant to s. 440.491(6).
  754         7.11. Contracts entered into pursuant to s. 337.11.
  755         8.12. Services or commodities provided by governmental
  756  agencies.
  757         (9) An agency may shall not divide the solicitation of
  758  commodities or contractual services so as to avoid the
  759  requirements of subsections (1)-(3) and reduce the ability of
  760  businesses to openly compete.
  761         (14) For each contractual services contract, the agency
  762  shall designate an employee to function as contract manager who
  763  shall be responsible for enforcing performance of the contract
  764  terms and conditions and serve as a liaison with the contractor.
  765  Each contract manager who is responsible for one or more
  766  contracts in excess of the threshold amount provided under s.
  767  287.017 for CATEGORY FIVE TWO must be certified pursuant to s.
  768  287.1312 attend training conducted by the Chief Financial
  769  Officer for accountability in contracts and grant management.
  770  The Chief Financial Officer shall establish and disseminate
  771  uniform procedures pursuant to s. 17.03(3) to ensure that
  772  contractual services have been rendered in accordance with the
  773  contract terms before the agency processes the invoice for
  774  payment. The procedures must shall include, but need not be
  775  limited to, procedures for monitoring and documenting contractor
  776  performance, reviewing and documenting all deliverables for
  777  which payment is requested by vendors, and providing written
  778  certification by contract managers of the agency’s receipt of
  779  goods and services.
  780         (16) For a contract in excess of the threshold amount
  781  provided in s. 287.017 for CATEGORY FOUR, the agency head shall
  782  appoint:
  783         (a) At least three persons to evaluate proposals and
  784  replies who collectively have experience and knowledge in the
  785  program areas and service requirements for which commodities or
  786  contractual services are sought.
  787         (b) At least three persons to conduct negotiations during a
  788  competitive sealed reply procurement who collectively have
  789  experience and knowledge in negotiating contracts, contract
  790  procurement, and the program areas and service requirements for
  791  which commodities or contractual services are sought. When the
  792  value of a contract is in excess of $1 million in any fiscal
  793  year, at least one of the persons conducting negotiations must
  794  be certified as a contract negotiator based upon rules adopted
  795  by the Department of Financial Services Management Services in
  796  order to ensure that certified contract negotiators are
  797  knowledgeable about effective negotiation strategies, capable of
  798  successfully implementing those strategies, and involved
  799  appropriately in the procurement process. At a minimum, the
  800  rules must address the qualifications required for
  801  certification, the method of certification, and the procedure
  802  for involving the certified negotiator. If the value of a
  803  contract is in excess of $10 million in any fiscal year, at
  804  least one of the persons conducting negotiations must be a
  805  Project Management Professional, as certified by the Project
  806  Management Institute.
  807         (24) An agency or other eligible user may purchase
  808  commodities or services through another agency’s existing
  809  contract rather than through competitive competition if the use
  810  of such contract is in the best interest of the state.
  811         Section 9. Paragraph (e) of subsection (1) of section
  812  287.058, Florida Statutes, is amended, and subsections (7)
  813  through (11) are added to that section, to read:
  814         287.058 Contract document.—
  815         (1) Every procurement of contractual services in excess of
  816  the threshold amount provided in s. 287.017 for CATEGORY TWO,
  817  except for the providing of health and mental health services or
  818  drugs in the examination, diagnosis, or treatment of sick or
  819  injured state employees or the providing of other benefits as
  820  required by the provisions of chapter 440, shall be evidenced by
  821  a written agreement embodying all provisions and conditions of
  822  the procurement of such services, which shall, where applicable,
  823  include, but not be limited to, a provision:
  824         (e) Dividing the contract into quantifiable, measurable,
  825  and verifiable units of deliverables which that must be received
  826  and accepted in writing by the contract manager before payment.
  827  Each deliverable must be directly related to the scope of work
  828  and specify a performance measure. As used in this paragraph,
  829  the term “performance measure” means the required minimum level
  830  of service to be performed and criteria for evaluating the
  831  successful completion of each deliverable.
  832  
  833  In lieu of a written agreement, the department may authorize the
  834  use of a purchase order for classes of contractual services, if
  835  the provisions of paragraphs (a)-(i) are included in the
  836  purchase order or solicitation. The purchase order must include,
  837  but need not be limited to, an adequate description of the
  838  services, the contract period, and the method of payment. In
  839  lieu of printing the provisions of paragraphs (a)-(i) in the
  840  contract document or purchase order, agencies may incorporate
  841  the requirements of paragraphs (a)-(i) by reference.
  842         (7) The Chief Financial Officer may review and approve
  843  contracts subject to this chapter before the execution of such
  844  contracts in accordance with rules adopted by the department.
  845  The review must ensure that all contracting laws have been met;
  846  that the contract document contains a clear statement of work,
  847  quantifiable and measureable deliverables, performance measures,
  848  financial consequences for nonperformance, and clear terms and
  849  conditions that protect the interests of the state; that
  850  documentation is available to support the contract; and that the
  851  associated costs of the contract are not unreasonable or
  852  inappropriate. A contract that does not comply with this
  853  subsection may be rejected and returned to the submitting agency
  854  for revision.
  855         (8) The Chief Financial Officer may establish dollar
  856  thresholds and other criteria for sampling the agreements that
  857  are to be reviewed prior to execution. The Chief Financial
  858  Officer may revise such thresholds and other criteria for an
  859  agency or the unit of any agency as he or she deems appropriate.
  860         (9) The department’s review of contract documentation may
  861  include, but need not be limited to:
  862         (a) Evidence of advertising the procurement opportunity, if
  863  applicable;
  864         (b) The bid, proposal, or reply itself, whether an
  865  invitation to bid, request for proposals, or invitation to
  866  negotiate, as applicable;
  867         (c) The preprocurement conference questions and answers;
  868         (d) Any additional documentation provided to bidders,
  869  proposers, or repliers;
  870         (e) The list of bidders, proposers, or repliers solicited;
  871         (f) The evaluation instrument and process description
  872  related to the contract;
  873         (g) The bid tabulation or evaluation record;
  874         (h) Documentation that supports the agency’s determination
  875  of vendor responsibility;
  876         (i) The successful bid, proposal, or reply in addition to
  877  the unsuccessful bids, proposals, or replies;
  878         (j) Documentation that supports the selection of the
  879  contractor;
  880         (k) The reasonableness of the price;
  881         (l) Verification that all statutory and regulatory
  882  requirements have been met; and
  883         (m) The proposed contract.
  884         (10) The department shall verify that a competitive process
  885  was used, if required by law, and that the contract was
  886  appropriately awarded on the basis of lowest price or best value
  887  to a responsive and reasonable bidder, proposer, or replier. For
  888  contracts not competitively awarded, the procurement record
  889  shall be reviewed for restrictive specifications and the
  890  agency’s justification for the noncompetitive method used in
  891  awarding the contract, including justification for the selection
  892  of the vendor and the reasonableness of the terms.
  893         (11) The department has 30 days to make a final
  894  determination regarding approval of a contract. The department
  895  and the agency entering into the contract may agree to a longer
  896  review period to ensure the thorough consideration of the
  897  procurement process and its results.
  898         Section 10. Section 287.1312, Florida Statutes, is created
  899  to read:
  900         287.1312Contract manager certification.—
  901         (1) The Department of Financial Services shall establish a
  902  training certification program for contract and grant managers
  903  and negotiators of contracts and grants. A state employee may
  904  not manage a contract or grant agreement in excess of the
  905  threshold amount provided in s. 287.017 for CATEGORY FIVE
  906  without obtaining a valid certification from the Department of
  907  Financial Services under this section. The program must include
  908  training in the following areas:
  909         (a) Procurement and the development of contracts.
  910         (b) Development and administration of grant agreements
  911  involving federal and state financial assistance.
  912         (c) Responsibilities of a contract manager in the
  913  management of state contracts and grant agreements.
  914         (d) Federal and state audit and reporting requirements.
  915         (e) Laws and rules relating to procurement and contract
  916  administration.
  917         (f) Any other subject matter that the Chief Financial
  918  Officer determines will promote accountability in contract and
  919  grant management.
  920         (2) The program shall provide for periodic recertification,
  921  as necessary. The Department of Financial Services shall
  922  determine course requirements, maintain information on
  923  certifications, and monitor the performance of contract and
  924  grant managers. As part of such monitoring, the department shall
  925  annually publish the results of agency manager audits and error
  926  rates related to contract and grant management on its website.
  927         (3) The Department of Financial Services may revoke a
  928  manager’s certification for incompetence or conduct inconsistent
  929  with the responsibilities of contract or grant management.
  930         (4) The Department of Financial Services shall adopt rules
  931  to administer this section.
  932         Section 11. Paragraph (d) of subsection (1) of section
  933  287.133, Florida Statutes, is amended to read:
  934         287.133 Public entity crime; denial or revocation of the
  935  right to transact business with public entities.—
  936         (1) As used in this section:
  937         (d) “Department” means the Department of Financial
  938  Management Services.
  939         Section 12. Paragraph (h) of subsection (3) of section
  940  255.25, Florida Statutes, is amended to read:
  941         255.25 Approval required prior to construction or lease of
  942  buildings.—
  943         (3)
  944         (h) The Department of Management Services may, Pursuant to
  945  s. 287.042(2)(a), the department shall procure a term contract
  946  for real estate consulting and brokerage services. A state
  947  agency may not purchase services from the contract unless the
  948  contract has been procured under s. 287.057(1) after March 1,
  949  2007, and contains the following provisions or requirements:
  950         1. Awarded brokers must maintain an office or presence in
  951  the market served. In awarding the contract, preference must be
  952  given to brokers who that are licensed in this state under
  953  chapter 475 and who that have 3 or more years of experience in
  954  the market served. The contract may be made with up to three
  955  tenant brokers in order to serve the marketplace in the north,
  956  central, and south areas of the state.
  957         2. Each contracted tenant broker works shall work under the
  958  direction, supervision, and authority of the state agency,
  959  subject to the rules governing lease procurements.
  960         3. The department provides shall provide training for the
  961  awarded tenant brokers concerning the rules governing the
  962  procurement of leases.
  963         4. Tenant brokers must comply with all applicable
  964  provisions of s. 475.278.
  965         5. Real estate consultants and tenant brokers are shall be
  966  compensated by the state agency, subject to the provisions of
  967  the term contract, and such compensation is subject to
  968  appropriation by the Legislature. A real estate consultant or
  969  tenant broker may not receive compensation directly from a
  970  lessor for services that are rendered under the term contract.
  971  Moneys paid by a lessor to the state agency under a facility
  972  leasing arrangement are not subject to the charges imposed under
  973  s. 215.20. All terms relating to the compensation of the real
  974  estate consultant or tenant broker must shall be specified in
  975  the term contract and may not be supplemented or modified by the
  976  state agency using the contract.
  977         6. The department conducts shall conduct periodic customer
  978  satisfaction surveys.
  979         7. Each state agency reports shall report the following
  980  information to the department:
  981         a. The number of leases that adhere to the goal of the
  982  workspace-management initiative of 180 square feet per full-time
  983  employee FTE.
  984         b. The quality of space leased and the adequacy of tenant
  985  improvement funds.
  986         c. The timeliness of lease procurement, measured from the
  987  date of the agency’s request to the finalization of the lease.
  988         d. Whether cost-benefit analyses were performed before
  989  execution of the lease in order to ensure that the lease is in
  990  the best interest of the state.
  991         e. The lease costs compared to market rates for similar
  992  types and classifications of space according to the official
  993  classifications of the Building Owners and Managers Association.
  994         Section 13. Subsection (12) of section 287.012, Florida
  995  Statutes, is amended to read:
  996         287.012 Definitions.—As used in this part, the term:
  997         (12) “Exceptional purchase” means any purchase of
  998  commodities or contractual services excepted by law or rule from
  999  the requirements for competitive solicitation, including, but
 1000  not limited to, purchases from a single source; purchases upon
 1001  receipt of fewer less than two responsive bids, proposals, or
 1002  replies; purchases made by an agency, after receiving approval
 1003  from the department, from a contract procured, pursuant to s.
 1004  287.057(1), or by another agency; and purchases made without
 1005  advertisement in the manner required under by s. 287.044(1)(a)
 1006  287.042(3)(b).
 1007         Section 14. Paragraph (a) of subsection (2) of section
 1008  402.7305, Florida Statutes, is amended to read:
 1009         402.7305 Department of Children and Family Services;
 1010  procurement of contractual services; contract management.—
 1011         (2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.—
 1012         (a) Notwithstanding s. 287.057(3)(f)8. 287.057(3)(f)12., if
 1013  whenever the department intends to contract with a public
 1014  postsecondary institution to provide a service, the department
 1015  must allow all public postsecondary institutions in this state
 1016  which that are accredited by the Southern Association of
 1017  Colleges and Schools to bid on the contract. Thereafter,
 1018  notwithstanding any other provision of law to the contrary, if a
 1019  public postsecondary institution intends to subcontract for any
 1020  service awarded in the contract, the subcontracted service must
 1021  be procured by competitive procedures.
 1022         Section 15. Subsection (3) of section 427.0135, Florida
 1023  Statutes, is amended to read:
 1024         427.0135 Purchasing agencies; duties and responsibilities.
 1025  Each purchasing agency, in carrying out the policies and
 1026  procedures of the commission, shall:
 1027         (3) Not procure transportation disadvantaged services
 1028  without initially negotiating with the commission, as provided
 1029  in s. 287.057(3)(f)8. 287.057(3)(f)12., or unless otherwise
 1030  authorized by statute. If the purchasing agency, after
 1031  consultation with the commission, determines that it cannot
 1032  reach mutually acceptable contract terms with the commission,
 1033  the purchasing agency may contract for the same transportation
 1034  services provided in a more cost-effective manner and of
 1035  comparable or higher quality and standards. The Medicaid agency
 1036  shall implement this subsection in a manner consistent with s.
 1037  409.908(18) and as otherwise limited or directed by the General
 1038  Appropriations Act.
 1039         Section 16. Subsection (2) of section 946.515, Florida
 1040  Statutes, is amended to read:
 1041         946.515 Use of goods and services produced in correctional
 1042  work programs.—
 1043         (2) A No similar product or service of comparable price and
 1044  quality found necessary for use by any state agency may not be
 1045  purchased from any source other than the corporation if the
 1046  corporation certifies that the product is manufactured by, or
 1047  the service is provided by, inmates and the product or service
 1048  meets the comparable performance specifications and comparable
 1049  price and quality requirements as specified under s.
 1050  287.042(1)(c) 287.042(1)(f) or as determined by an individual
 1051  agency as provided in this section. The purchasing authority of
 1052  any such state agency may make reasonable determinations of
 1053  need, price, and quality with reference to products or services
 1054  available from the corporation. In the event of a dispute
 1055  between the corporation and a any purchasing authority based
 1056  upon price or quality under this section or s. 287.042(1)(c)
 1057  287.042(1)(f), either party may request a hearing with the
 1058  Department of Management Services and, if not resolved, either
 1059  party may request a proceeding pursuant to ss. 120.569 and
 1060  120.57, which shall be referred to the Division of
 1061  Administrative Hearings within 60 days after such request, to
 1062  resolve any dispute under this section. A No party is not
 1063  entitled to any appeal pursuant to s. 120.68.
 1064         Section 17. Procurement review and report.—
 1065         (1) The Chief Financial Officer shall review and
 1066  investigate:
 1067         (a) All current state laws that govern the state
 1068  procurement of goods, services, and facilities;
 1069         (b) The procurement policies, rules, procedures, and
 1070  practices followed by the state agencies, boards, commissions,
 1071  offices, and other instrumentalities of the executive branch of
 1072  state government;
 1073         (c) The organization and management processes involved in
 1074  the state procurement of goods, services, and facilities before
 1075  the award of a state procurement contract, during the
 1076  solicitation of bids, the evaluation, and the negotiation of a
 1077  contract, and subsequent to the award of the contract to
 1078  determine the extent to which these organization and management
 1079  processes facilitate the legislative policy set forth in this
 1080  act; and
 1081         (d) Any other areas that the Chief Financial Officer deems
 1082  relevant to the review and investigation.
 1083         (2) In order to accomplish the procurement review directed
 1084  by this section, the Chief Financial Officer may:
 1085         (a) Acquire information directly from the head of any state
 1086  department or agency for the purpose of conducting this review.
 1087  All departments and agencies shall cooperate with the Chief
 1088  Financial Officer and furnish all information requested to the
 1089  extent permitted by law.
 1090         (b) Procure the services of experts and consultants.
 1091         (c) Contract with private organizations and nonprofit
 1092  institutions to carry out studies and prepare reports to
 1093  facilitate the review.
 1094         (3) By December 31, 2012, the Chief Financial Officer shall
 1095  submit to the Governor, the President of the Senate, and the
 1096  Speaker of the House of Representatives a report of findings and
 1097  recommendations for changes in statutes, rules, policies,
 1098  procedures, and organization necessary to carry out the policies
 1099  set forth in this act.
 1100         Section 18. The Legislature recognizes the need to reform
 1101  the purchasing cycle, from the development of a purchasing
 1102  agreement to the payment for goods or services provided to the
 1103  state. Therefore, chapter 287, Florida Statutes, is repealed
 1104  effective July 30, 2014.
 1105         Section 19. (1) For the 2012-2013 fiscal year, the sum of
 1106  $400,000 in nonrecurring funds is appropriated from the
 1107  Administrative Trust Fund in the Department of Financial
 1108  Services to contract for the Chief Financial Officer’s review of
 1109  the state’s procurement process.
 1110         (2) For the 2012-2013 fiscal year, the sum of $375,000 in
 1111  nonrecurring funds is appropriated from the Administrative Trust
 1112  Fund in the Department of Financial Services to contract for the
 1113  Chief Financial Officer’s administration of the certified
 1114  contract manager and negotiator programs.
 1115         (3) For the 2012-2013 fiscal year, the sum of $X00,000 in
 1116  recurring funds from the General Revenue fund and ___ full-time
 1117  equivalent positions and associated salary rate of ___ are
 1118  appropriated to the Chief Financial Officer for the purpose of
 1119  implementing the Chief Financial Officer’s expanded contract
 1120  auditing responsibilities under this act. Funds remaining
 1121  unexpended or unencumbered from this appropriation as of June
 1122  30, 2013, shall revert and be reappropriated for the same
 1123  purpose in the 2013-2014 fiscal year.
 1124         Section 20. Except as otherwise expressly provided in this
 1125  act, this act shall take effect July 1, 2012.
 1126  
 1127  ================= T I T L E  A M E N D M E N T ================
 1128         And the title is amended as follows:
 1129         Delete everything before the enacting clause
 1130  and insert:
 1131                        A bill to be entitled                      
 1132         An act relating to state contracting; amending s.
 1133         11.45, F.S.; conforming provisions to changes made by
 1134         the act; amending s. 215.971, F.S.; requiring
 1135         agreements funded with state or federal financial
 1136         assistance to include a performance measure for each
 1137         deliverable, to be reviewed and approved in accordance
 1138         with rules adopted by the Department of Financial
 1139         Services, and to have the contracting entity assign a
 1140         grants manager who is responsible for enforcing
 1141         performance of the agreement; amending s. 215.985,
 1142         F.S.; revising provisions relating to the Chief
 1143         Financial Officer’s intergovernmental contract
 1144         tracking system under the Transparency Florida Act;
 1145         specifying the entities that are included in the
 1146         tracking system; requiring that exempt and
 1147         confidential information be redacted from contracts
 1148         and procurement documents posted on the system;
 1149         authorizing the Chief Financial Officer to make
 1150         available the information posted on the system to the
 1151         public through a secure website; authorizing the
 1152         Department of Financial Services to adopt rules;
 1153         repealing s. 216.0111, F.S., relating to a requirement
 1154         that state agencies report certain contract
 1155         information to the Department of Financial Services
 1156         and transferring that requirement to s. 215.985, F.S.;
 1157         amending s. 287.032, F.S.; dividing the
 1158         responsibilities of the Department of Management
 1159         Services under ch. 287, F.S., with the Department of
 1160         Financial Services; amending s. 287.042, F.S.;
 1161         limiting the duties of the Department of Management
 1162         Services to the procurement of commodities and
 1163         contractual services; directing the department to
 1164         develop a list of interested vendors; deleting
 1165         provisions requiring that the department perform
 1166         duties relating to procurement and contracting
 1167         policies and procedures; creating s. 287.044, F.S.;
 1168         assigning duties relating to procurement and
 1169         contracting policies and procedures to the Department
 1170         of Financial Services; requiring the department to
 1171         develop a list of vendors not allowed to do business
 1172         with the state; amending s. 287.057, F.S.; revising
 1173         the list of contractual services and commodities that
 1174         are exempt from competitive solicitation to delete
 1175         certain services from the exemption; revising
 1176         provisions prohibiting an agency from dividing a
 1177         solicitation; conforming provisions to changes made by
 1178         the act; authorizing an agency or other eligible user
 1179         to purchase commodities or services through another
 1180         agency’s contract; amending s. 287.058, F.S.;
 1181         requiring contracts to include a performance measure
 1182         for each deliverable; authorizing the Chief Financial
 1183         Officer to review and approve contracts; providing
 1184         requirements for such reviews; authorizing the Chief
 1185         Financial Officer to establish dollar thresholds and
 1186         another criteria for sampling agreements that are to
 1187         be reviewed before execution; providing criteria for
 1188         the department’s review of contract documentation;
 1189         requiring that the department verify that a
 1190         competitive process was used and that a contract was
 1191         appropriately awarded; providing for the review of
 1192         procurement record for contracts not competitively
 1193         awarded; specifying the number of days that the
 1194         department must make its final determination regarding
 1195         the approval of a contract; authorizing the department
 1196         and the agency to agree to a longer review period;
 1197         creating s. 287.1312, F.S.; requiring certification of
 1198         contract managers by the Department of Financial
 1199         Services for contracts of more than a certain amount;
 1200         requiring the training program for the certification
 1201         to provide training in certain areas; authorizing the
 1202         department to adopt rules to administer the program;
 1203         amending s. 287.133, F.S.; revising the definition of
 1204         “department” to mean the Department of Financial
 1205         Services rather than the Department of Management
 1206         Services with respect to provisions governing public
 1207         entity crimes and placement on the convicted vendor
 1208         list; amending ss. 255.25, 287.012, 402.7305,
 1209         427.0135, and 946.515, F.S.; conforming cross
 1210         references; requiring the Chief Financial Officer to
 1211         conduct a study of current procurement laws pursuant
 1212         to such policies; requiring that the Chief Financial
 1213         Officer submit a report to the Legislature and
 1214         Governor by a certain date on such study; repealing
 1215         ch. 287, F.S., on a future date; providing
 1216         appropriations; providing effective dates.