Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1309, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/MR         .        Floor: SENA1/CA         
             04/29/2013 12:10 PM       .      05/03/2013 02:27 PM       
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       Senator Benacquisto moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 119.0701, Florida Statutes, is created
    6  to read:
    7         119.0701Contracts; public records.—
    8         (1) For purposes of this section, the term:
    9         (a) “Contractor” means an individual, partnership,
   10  corporation, or business entity that enters into a contract for
   11  services with a public agency and is acting on behalf of the
   12  public agency as provided under s. 119.011(2).
   13         (b) “Public agency” means a state, county, district,
   14  authority, or municipal officer, or department, division, board,
   15  bureau, commission, or other separate unit of government created
   16  or established by law.
   17         (2) In addition to other contract requirements provided by
   18  law, each public agency contract for services must include a
   19  provision that requires the contractor and its subcontractors to
   20  comply with public records laws, specifically to:
   21         (a) Keep and maintain public records that ordinarily and
   22  necessarily would be required by the public agency in order to
   23  perform the service.
   24         (b) Provide the public with access to public records on the
   25  same terms and conditions that the public agency would provide
   26  the records and at a cost that does not exceed the cost provided
   27  in this chapter or as otherwise provided by law.
   28         (c) Ensure that public records that are exempt or
   29  confidential and exempt from public records disclosure
   30  requirements are not disclosed except as authorized by law.
   31         (d) Meet all requirements for retaining public records and
   32  transfer, at no cost, to the public agency all public records in
   33  possession of the contractor upon termination of the contract
   34  and destroy any duplicate public records that are exempt or
   35  confidential and exempt from public records disclosure
   36  requirements. All records stored electronically must be provided
   37  to the public agency in a format that is compatible with the
   38  information technology systems of the public agency.
   39         (3) If a contractor or its subcontractor does not comply
   40  with a public records request, the public agency shall enforce
   41  the contract provisions in accordance with the contract.
   42         Section 2. Section 119.12, Florida Statutes, is amended to
   43  read:
   44         119.12 Attorney Attorney’s fees.—If a civil action is filed
   45  against an agency to enforce the provisions of this chapter and
   46  if the court determines that such agency unlawfully refused to
   47  permit a public record to be inspected or copied, the court
   48  shall assess and award, against the agency responsible, the
   49  reasonable costs of enforcement. The reasonable costs of
   50  enforcement include, but are not limited to, including
   51  reasonable attorney attorneys’ fees, including those reasonable
   52  attorney fees incurred in litigating entitlement to and the
   53  determination or quantification of attorney fees for the
   54  underlying matter.
   55         Section 3. Section 215.971, Florida Statutes, is amended to
   56  read:
   57         215.971 Agreements funded with federal or and state
   58  assistance.—
   59         (1)For An agency agreement that provides state financial
   60  assistance to a recipient or subrecipient, as those terms are
   61  defined in s. 215.97, or that provides federal financial
   62  assistance to a subrecipient, as defined by applicable United
   63  States Office of Management and Budget circulars, must the
   64  agreement shall include all of the following:
   65         (a)(1) A provision specifying a scope of work that clearly
   66  establishes the tasks that the recipient or subrecipient is
   67  required to perform.; and
   68         (b)(2) A provision dividing the agreement into quantifiable
   69  units of deliverables that must be received and accepted in
   70  writing by the agency before payment. Each deliverable must be
   71  directly related to the scope of work and must specify the
   72  required minimum level of service to be performed and the
   73  criteria for evaluating the successful completion of each
   74  deliverable.
   75         (c)A provision specifying the financial consequences that
   76  apply if the recipient or subrecipient fails to perform the
   77  minimum level of service required by the agreement. The
   78  provision can be excluded from the agreement only if financial
   79  consequences are prohibited by the federal agency awarding the
   80  grant. Funds refunded to a state agency from a recipient or
   81  subrecipient for failure to perform as required under the
   82  agreement may be expended only in direct support of the program
   83  from which the agreement originated.
   84         (d)A provision specifying that a recipient or subrecipient
   85  of federal or state financial assistance may expend funds only
   86  for allowable costs resulting from obligations incurred during
   87  the specified agreement period.
   88         (e)A provision specifying that any balance of unobligated
   89  funds which has been advanced or paid must be refunded to the
   90  state agency.
   91         (f)A provision specifying that any funds paid in excess of
   92  the amount to which the recipient or subrecipient is entitled
   93  under the terms and conditions of the agreement must be refunded
   94  to the state agency.
   95         (g)Any additional information required pursuant to s.
   96  215.97.
   97         (2)The Chief Financial Officer may audit an agreement
   98  funded with state or federal assistance before the execution of
   99  such agreement in accordance with rules adopted by the
  100  Department of Financial Services. The audit must ensure that
  101  applicable laws have been met; that the agreement document
  102  contains a clear statement of work, quantifiable and measurable
  103  deliverables, performance measures, financial consequences for
  104  nonperformance, and clear terms and conditions that protect the
  105  interests of the state; and that the associated costs of the
  106  agreement are not unreasonable or inappropriate. The audit must
  107  ensure that all contracting laws have been met and that
  108  documentation is available to support the agreement. An
  109  agreement that does not comply with this section may be returned
  110  to the submitting agency for revision.
  111         (a)The Chief Financial Officer may establish dollar
  112  thresholds and other criteria for determining which agreements
  113  will be audited before execution. The Chief Financial Officer
  114  may revise such thresholds and other criteria for an agency or
  115  unit of an agency as he or she deems appropriate.
  116         (b)The Chief Financial Officer shall have up to 10
  117  business days after receipt of the proposed grant agreement to
  118  make a final determination of any deficiencies in the agreement
  119  and shall provide the agency with information regarding any
  120  deficiencies at the conclusion of the review. The Chief
  121  Financial Officer and the agency entering into the agreement may
  122  agree to a longer review period.
  123         (c) This subsection does not apply to the Board of
  124  Governors, a state university, or a facility engaged in research
  125  using state or federal funds until July 1, 2015.
  126         (3)For each agreement funded with federal or state
  127  financial assistance, the state agency shall designate an
  128  employee to function as a grant manager who shall be responsible
  129  for enforcing performance of the agreement’s terms and
  130  conditions and who shall serve as a liaison with the recipient
  131  or subrecipient.
  132         (a) Each grant manager responsible for agreements in excess
  133  of $100,000 annually must complete the training and become a
  134  certified contract manager as provided under s. 287.057(14).
  135         (b) The Chief Financial Officer shall establish and
  136  disseminate uniform procedures for grant management pursuant to
  137  s. 17.03(3) to ensure that services have been rendered in
  138  accordance with agreement terms before the agency processes an
  139  invoice for payment. The procedures must include, but need not
  140  be limited to, procedures for monitoring and documenting
  141  recipient or subrecipient performance, reviewing and documenting
  142  all deliverables for which payment is requested by the recipient
  143  or subrecipient, and providing written certification by the
  144  grant manager of the agency’s receipt of goods and services.
  145         (c)The grant manager shall reconcile and verify all funds
  146  received against all funds expended during the grant agreement
  147  period and produce a final reconciliation report. The final
  148  report must identify any funds paid in excess of the
  149  expenditures incurred by the recipient or subrecipient.
  150         (4)The Chief Financial Officer shall perform audits of the
  151  executed state and federal grant agreement documents and grant
  152  manager’s records in order to ensure that adequate internal
  153  controls are in place for complying with the terms and
  154  conditions of such agreements and for validation and receipt of
  155  goods and services.
  156         (a)At the conclusion of the audit, the Chief Financial
  157  Officer’s designee shall discuss the audit and potential
  158  findings with the official whose office is subject to audit. The
  159  final audit report shall be submitted to the agency head.
  160         (b) Within 30 days after the receipt of the final audit
  161  report, the agency head shall submit to the Chief Financial
  162  Officer or designee, his or her written statement of explanation
  163  or rebuttal concerning findings requiring corrective action,
  164  including corrective action to be taken to preclude a
  165  recurrence.
  166         Section 4. Subsection (2) of section 215.985, Florida
  167  Statutes, is reordered and amended and subsection (16) of that
  168  section is amended, to read:
  169         215.985 Transparency in government spending.—
  170         (2) As used in this section, the term:
  171         (c)(a) “Governmental entity” means any state, regional,
  172  county, municipal, special district, or other political
  173  subdivision whether executive, judicial, or legislative,
  174  including, but not limited to, any department, division, bureau,
  175  commission, authority, district, or agency thereof, or any
  176  public school, Florida College System institution, state
  177  university, or associated board.
  178         (d)(b) “Website” means a site on the Internet which is
  179  easily accessible to the public at no cost and does not require
  180  the user to provide any information.
  181         (a)(c) “Committee” means the Legislative Auditing Committee
  182  created in s. 11.40.
  183         (b) “Contract” means any written agreement or purchase
  184  order issued for the purchase of goods or services and any
  185  written agreements for the receipt of federal or state financial
  186  assistance.
  187         (16) The Chief Financial Officer shall establish and
  188  maintain a secure, shared state contract tracking provide public
  189  access to a state contract management system.
  190         (a) Within 30 calendar days after executing a contract,
  191  each state agency as defined in s. 216.011(1) shall post all of
  192  the following that provides information and documentation
  193  relating to that contract on the contract tracking system, as
  194  required by rule: contracts procured by governmental entities.
  195         1.The names of the contracting entities.
  196         2.The procurement method.
  197         3.The contract beginning and end dates.
  198         4.The nature or type of the commodities or services
  199  purchased.
  200         5.Applicable contract unit prices and deliverables.
  201         6.Total compensation to be paid or received under the
  202  contract.
  203         7.All payments made to the contractor to date.
  204         8.Applicable contract performance measures.
  205         9.The justification for not using competitive solicitation
  206  to procure the contract, including citation to any statutory
  207  exemption or exception from competitive solicitation, if
  208  applicable.
  209         10.Electronic copies of the contract and procurement
  210  documents that have been redacted to conceal exempt or
  211  confidential information.
  212         11.Any other information required by the Chief Financial
  213  Officer.
  214         (a) The data collected in the system must include, but need
  215  not be limited to, the contracting agency; the procurement
  216  method; the contract beginning and ending dates; the type of
  217  commodity or service; the purpose of the commodity or service;
  218  the compensation to be paid; compliance information, such as
  219  performance metrics for the service or commodity; contract
  220  violations; the number of extensions or renewals; and the
  221  statutory authority for providing the service.
  222         (b) The affected state governmental agency shall update the
  223  information described in paragraph (a) in the contract tracking
  224  system within 30 calendar days after a major modification or
  225  amendment change to an existing contract or the execution of a
  226  new contract, agency procurement staff of the affected state
  227  governmental entity shall update the necessary information in
  228  the state contract management system. A major modification or
  229  amendment change to a contract includes, but is not limited to,
  230  a renewal, termination, or extension of the contract, or an
  231  amendment to the contract as determined by the Chief Financial
  232  Officer.
  233         (c) Each state agency identified in paragraph (a) shall
  234  redact, as defined in s. 119.011, exempt or confidential
  235  information from the contract or procurement documents before
  236  posting an electronic copy on the contract tracking system.
  237         1. If a state agency becomes aware that an electronic copy
  238  of a contract or procurement document that it posted has not
  239  been properly redacted, the state agency must immediately notify
  240  the Chief Financial Officer so that the contract or procurement
  241  document may be removed. Within 7 business days, the state
  242  agency shall provide the Chief Financial Officer with a properly
  243  redacted copy for posting.
  244         2. If a party to a contract, or authorized representative,
  245  discovers that an electronic copy of a contract or procurement
  246  document on the system has not been properly redacted, the party
  247  or representative may request the state agency that posted the
  248  document to redact the exempt or confidential information. Upon
  249  receipt of a request in compliance with this subparagraph, the
  250  state agency that posted the document shall redact the exempt or
  251  confidential information.
  252         a. Such request must be in writing and delivered by mail,
  253  facsimile, or electronic transmission or in person to the state
  254  agency that posted the information. The request must identify
  255  the specific document, the page numbers that include the exempt
  256  or confidential information, the information that is exempt or
  257  confidential, and the relevant statutory exemption. A fee may
  258  not be charged for a redaction made pursuant to such request.
  259         b. If necessary, a party to the contract may petition the
  260  circuit court for an order directing compliance with this
  261  paragraph.
  262         3. The Chief Financial Officer, the Department of Financial
  263  Services, or any officer, employee, or contractor thereof, is
  264  not responsible for redacting exempt or confidential information
  265  from an electronic copy of a contract or procurement document
  266  posted by another state agency on the system and is not liable
  267  for the failure of the state agency to redact the exempt or
  268  confidential information. The Chief Financial Officer may notify
  269  the posting state agency if a document posted on the tracking
  270  system contains exempt or confidential information.
  271         (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
  272  Officer may make information posted on the contract tracking
  273  system available for viewing and download by the public through
  274  a secure website. Unless otherwise provided by law, information
  275  retrieved electronically pursuant to this paragraph is not
  276  admissible in court as an authenticated document.
  277         1. The Chief Financial Officer may regulate and prohibit
  278  the posting of records that could facilitate identity theft or
  279  fraud, such as signatures; compromise or reveal an agency
  280  investigation; reveal the identity of undercover personnel;
  281  reveal proprietary confidential business information or trade
  282  secrets; reveal an individual’s medical information; or reveal
  283  any other record or information that the Chief Financial Officer
  284  believes may jeopardize the health, safety, or welfare of the
  285  public. However, such prohibition does not supersede the duty of
  286  a state agency to provide a copy of a public record upon
  287  request. The Chief Financial Officer shall use appropriate
  288  Internet security measures to ensure that no person has the
  289  ability to alter or modify records available on the website.
  290         2. Records made available on the website, including
  291  electronic copies of contracts or procurement documents, may not
  292  reveal information made exempt or confidential by law. Notice of
  293  the right of an affected party to request redaction of exempt or
  294  confidential information pursuant to paragraph (c) must be
  295  displayed on the website.
  296         (e) The posting of information on the contract tracking
  297  system or the provision of contract information on a website for
  298  public viewing and downloading does not supersede the duty of a
  299  state agency to respond to a public record request for such
  300  information or to a subpoena for such information.
  301         1. A request for a copy of a contract or procurement
  302  document or a certified copy of a contract or procurement
  303  document must be made to the state agency that is party to the
  304  contract. Such request may not be made to the Chief Financial
  305  Officer or the Department of Financial Services or any officer,
  306  employee, or contractor thereof unless the Chief Financial
  307  Officer or department is a party to the contract.
  308         2. A subpoena for a copy of a contract or procurement
  309  document or certified copy of a contract or procurement document
  310  must be served on the state agency that is a party to the
  311  contract and that maintains the original documents. The Chief
  312  Financial Officer or the Department of Financial Services or any
  313  officer, employee, or contractor thereof may not be served a
  314  subpoena for those records unless the Chief Financial Officer or
  315  the department is a party to the contract.
  316         (f) The requirement under paragraphs (a) and (b) that each
  317  agency post information and documentation relating to contracts
  318  on the tracking system does not apply to any record that could
  319  reveal attorney work product or strategy.
  320         (g) The Chief Financial Officer may adopt rules to
  321  administer this subsection.
  322         Section 5. Section 216.0111, Florida Statutes, is repealed.
  323         Section 6. Subsections (4) through (28) of section 287.012,
  324  Florida Statutes, are amended to read:
  325         287.012 Definitions.—As used in this part, the term:
  326         (4) “Best value” means the highest overall value to the
  327  state based on objective factors that include, but are not
  328  limited to, price, quality, design, and workmanship.
  329         (5) “Commodity” means any of the various supplies,
  330  materials, goods, merchandise, food, equipment, information
  331  technology, and other personal property, including a mobile
  332  home, trailer, or other portable structure that has with floor
  333  space of less than 5,000 square feet of floor space, purchased,
  334  leased, or otherwise contracted for by the state and its
  335  agencies. The term “Commodity” also includes interest on
  336  deferred-payment commodity contracts approved pursuant to s.
  337  287.063 entered into by an agency for the purchase of other
  338  commodities. However, commodities purchased for resale are
  339  excluded from this definition. Printing of publications shall be
  340  considered a commodity if procured when let upon contract
  341  pursuant to s. 283.33, whether purchased for resale or not.
  342         (6) “Competitive solicitation” means the process of
  343  requesting and receiving two or more sealed bids, proposals, or
  344  replies submitted by responsive vendors in accordance with the
  345  terms of a competitive process, regardless of the method of
  346  procurement.
  347         (7) “Contractor” means a person who contracts to sell
  348  commodities or contractual services to an agency.
  349         (8) “Contractual service” means the rendering by a
  350  contractor of its time and effort rather than the furnishing of
  351  specific commodities. The term applies only to those services
  352  rendered by individuals and firms who are independent
  353  contractors, and such services may include, but are not limited
  354  to, evaluations; consultations; maintenance; accounting;
  355  security; management systems; management consulting; educational
  356  training programs; research and development studies or reports
  357  on the findings of consultants engaged thereunder; and
  358  professional, technical, and social services. The term
  359  “Contractual service” does not include a any contract for the
  360  furnishing of labor or materials for the construction,
  361  renovation, repair, modification, or demolition of a any
  362  facility, building, portion of building, utility, park, parking
  363  lot, or structure or other improvement to real property entered
  364  into pursuant to chapter 255 and rules adopted thereunder.
  365         (9) “Department” means the Department of Management
  366  Services.
  367         (10) “Electronic posting” or “electronically post” means
  368  the noticing of solicitations, agency decisions or intended
  369  decisions, or other matters relating to procurement on a
  370  centralized Internet website designated by the department for
  371  this purpose, and in the manner and form required under s.
  372  120.57(3)(a).
  373         (11) “Eligible user” means any person or entity authorized
  374  by the department pursuant to rule to purchase from state term
  375  contracts or to use the online procurement system.
  376         (12) “Exceptional purchase” means any purchase of
  377  commodities or contractual services excepted by law or rule from
  378  the requirements for competitive solicitation, including, but
  379  not limited to, purchases from a single source; purchases upon
  380  receipt of less than two responsive bids, proposals, or replies;
  381  purchases made by an agency, after receiving approval from the
  382  department, from a contract procured, pursuant to s. 287.057(1),
  383  or by another agency; and purchases made without advertisement
  384  in the manner required under by s. 287.042(3)(b).
  385         (13) “Extension” means an increase in the time allowed for
  386  the contract period due to circumstances which, without fault of
  387  either party, make performance impracticable or impossible, or
  388  which prevent a new contract from being executed, with or
  389  without a proportional increase in the total dollar amount, with
  390  any increase to be based on the method and rate previously
  391  established in the contract.
  392         (14) “Governmental entity” means a political subdivision or
  393  agency of this state or of any state of the United States,
  394  including, but not limited to, state government, county,
  395  municipality, school district, nonprofit public university or
  396  college, single-purpose or multipurpose special district,
  397  single-purpose or multipurpose public authority, metropolitan or
  398  consolidated government, separate legal entity or administrative
  399  entity, or any agency of the Federal Government.
  400         (15)(14) “Information technology” has the same meaning as
  401  provided ascribed in s. 282.0041.
  402         (16)(15) “Invitation to bid” means a written or
  403  electronically posted solicitation for competitive sealed bids.
  404         (17)(16) “Invitation to negotiate” means a written or
  405  electronically posted solicitation for competitive sealed
  406  replies to select one or more vendors with which to commence
  407  negotiations for the procurement of commodities or contractual
  408  services.
  409         (18)(17) “Minority business enterprise” has the same
  410  meaning as provided ascribed in s. 288.703.
  411         (19)(18) “Office” means the Office of Supplier Diversity of
  412  the Department of Management Services.
  413         (20)(19) “Outsource” means the process of contracting with
  414  a vendor to provide a service as defined in s. 216.011(1)(f), in
  415  whole or in part, or an activity as defined in s.
  416  216.011(1)(rr), while a state agency retains the responsibility
  417  and accountability for the service or activity and there is a
  418  transfer of management responsibility for the delivery of
  419  resources and the performance of those resources.
  420         (21)(20) “Renewal” means contracting with the same
  421  contractor for an additional contract period after the initial
  422  contract period, only if pursuant to contract terms specifically
  423  providing for such renewal.
  424         (22)(21) “Request for information” means a written or
  425  electronically posted request made by an agency to vendors for
  426  information concerning commodities or contractual services.
  427  Responses to these requests are not offers and may not be
  428  accepted by the agency to form a binding contract.
  429         (23)(22) “Request for proposals” means a written or
  430  electronically posted solicitation for competitive sealed
  431  proposals.
  432         (24)(23) “Request for a quote” means an oral, electronic,
  433  or written request for written pricing or services information
  434  from a state term contract vendor for commodities or contractual
  435  services available on a state term contract from that vendor.
  436         (25)(24) “Responsible vendor” means a vendor who has the
  437  capability in all respects to fully perform the contract
  438  requirements and the integrity and reliability that will assure
  439  good faith performance.
  440         (26)(25) “Responsive bid,” “responsive proposal,” or
  441  “responsive reply” means a bid, or proposal, or reply submitted
  442  by a responsive and responsible vendor which that conforms in
  443  all material respects to the solicitation.
  444         (27)(26) “Responsive vendor” means a vendor that has
  445  submitted a bid, proposal, or reply that conforms in all
  446  material respects to the solicitation.
  447         (28)(27) “State term contract” means a term contract that
  448  is competitively procured by the department pursuant to s.
  449  287.057 and that is used by agencies and eligible users pursuant
  450  to s. 287.056.
  451         (29)(28) “Term contract” means an indefinite quantity
  452  contract to furnish commodities or contractual services during a
  453  defined period.
  454         Section 7. Paragraph (a) of subsection (1), paragraph (b)
  455  of subsection (2), and subsections (8) and (15) of section
  456  287.042, Florida Statutes, are amended to read:
  457         287.042 Powers, duties, and functions.—The department shall
  458  have the following powers, duties, and functions:
  459         (1)(a) To canvass all sources of supply, establish and
  460  maintain a vendor list, and contract for the purchase, lease, or
  461  acquisition, including purchase by installment sales or lease
  462  purchase contracts which may provide for the payment of interest
  463  on unpaid portions of the purchase price, of all commodities and
  464  contractual services required by any agency under this chapter.
  465  Any contract providing for deferred payments and the payment of
  466  interest is shall be subject to specific rules adopted by the
  467  department.
  468         (2)
  469         (b) As an alternative to any provision in s. 120.57(3)(c),
  470  the department may proceed with the competitive solicitation or
  471  contract award process of a term contract when the Secretary of
  472  Management Services the department or his or her designee sets
  473  forth in writing particular facts and circumstances that which
  474  demonstrate that the delay incident to staying the solicitation
  475  or contract award process would be detrimental to the interests
  476  of the state. After the award of a contract resulting from a
  477  competitive solicitation in which a timely protest was received
  478  and in which the state did not prevail, the contract may be
  479  canceled and reawarded.
  480         (8) To provide any commodity and contractual service
  481  purchasing rules to the Chief Financial Officer and all agencies
  482  electronically or through an electronic medium or other means.
  483  Agencies may not approve an any account or request any payment
  484  of an any account for the purchase of any commodity or the
  485  procurement of any contractual service covered by a purchasing
  486  or contractual service rule except as authorized therein. The
  487  department shall furnish copies of rules adopted by the
  488  department to any county, municipality, or other local public
  489  agency requesting them.
  490         (15) To lead or enter into joint agreements with
  491  governmental entities agencies, as defined in s. 163.3164, for
  492  the purpose of pooling funds for the purchase of commodities or
  493  contractual services information technology that can be used by
  494  multiple agencies.
  495         (a) Each agency that has been appropriated or has existing
  496  funds for such purchase, shall, upon contract award by the
  497  department, transfer its their portion of the funds into the
  498  department’s Operating Trust Fund for payment by the department.
  499  The funds shall be transferred by the Executive Office of the
  500  Governor pursuant to the agency budget amendment request
  501  provisions under in chapter 216.
  502         (b) Agencies that sign the joint agreements are financially
  503  obligated for their portion of the agreed-upon funds. If an
  504  agency becomes more than 90 days delinquent in paying the funds,
  505  the department shall certify to the Chief Financial Officer the
  506  amount due, and the Chief Financial Officer shall transfer the
  507  amount due to the Operating Trust Fund of the department from
  508  any of the agency’s available funds. The Chief Financial Officer
  509  shall report these transfers and the reasons for the transfers
  510  to the Executive Office of the Governor and the legislative
  511  appropriations committees.
  512         Section 8. Paragraph (a) of subsection (1) and subsections
  513  (3), (10), (12), (13), (16), and (22) of section 287.057,
  514  Florida Statutes, are amended to read:
  515         287.057 Procurement of commodities or contractual
  516  services.—
  517         (1) The competitive solicitation processes authorized in
  518  this section shall be used for procurement of commodities or
  519  contractual services in excess of the threshold amount provided
  520  for CATEGORY TWO in s. 287.017. Any competitive solicitation
  521  shall be made available simultaneously to all vendors, must
  522  include the time and date for the receipt of bids, proposals, or
  523  replies and of the public opening, and must include all
  524  contractual terms and conditions applicable to the procurement,
  525  including the criteria to be used in determining acceptability
  526  and relative merit of the bid, proposal, or reply.
  527         (a) Invitation to bid.—The invitation to bid shall be used
  528  when the agency is capable of specifically defining the scope of
  529  work for which a contractual service is required or when the
  530  agency is capable of establishing precise specifications
  531  defining the actual commodity or group of commodities required.
  532         1. All invitations to bid must include:
  533         a. A detailed description of the commodities or contractual
  534  services sought; and
  535         b. If the agency contemplates renewal of the contract, a
  536  statement to that effect.
  537         2. Bids submitted in response to an invitation to bid in
  538  which the agency contemplates renewal of the contract must
  539  include the price for each year for which the contract may be
  540  renewed.
  541         3. Evaluation of bids must shall include consideration of
  542  the total cost for each year of the contract, including renewal
  543  years, as submitted by the vendor.
  544         4. The contract shall be awarded to the responsible and
  545  responsive vendor who submits the lowest responsive bid.
  546         (3) If When the purchase price of commodities or
  547  contractual services exceeds the threshold amount provided in s.
  548  287.017 for CATEGORY TWO, no purchase of commodities or
  549  contractual services may not be made without receiving
  550  competitive sealed bids, competitive sealed proposals, or
  551  competitive sealed replies unless:
  552         (a) The agency head determines in writing that an immediate
  553  danger to the public health, safety, or welfare or other
  554  substantial loss to the state requires emergency action. After
  555  the agency head signs makes such a written determination, the
  556  agency may proceed with the procurement of commodities or
  557  contractual services necessitated by the immediate danger,
  558  without receiving competitive sealed bids, competitive sealed
  559  proposals, or competitive sealed replies. However, the such
  560  emergency procurement shall be made by obtaining pricing
  561  information from at least two prospective vendors, which must be
  562  retained in the contract file, unless the agency determines in
  563  writing that the time required to obtain pricing information
  564  will increase the immediate danger to the public health, safety,
  565  or welfare or other substantial loss to the state. The agency
  566  shall furnish copies of all written determinations certified
  567  under oath and any other documents relating to the emergency
  568  action to the department. A copy of the written statement shall
  569  be furnished to the Chief Financial Officer with the voucher
  570  authorizing payment. The individual purchase of personal
  571  clothing, shelter, or supplies which are needed on an emergency
  572  basis to avoid institutionalization or placement in a more
  573  restrictive setting is an emergency for the purposes of this
  574  paragraph, and the filing with the department of such statement
  575  is not required in such circumstances. In the case of the
  576  emergency purchase of insurance, the period of coverage of such
  577  insurance may shall not exceed a period of 30 days, and all such
  578  emergency purchases shall be reported to the department.
  579         (b) The purchase is made by an agency from a state term
  580  contract procured, pursuant to this section, by the department
  581  or by an agency, after receiving approval from the department,
  582  from a contract procured, pursuant to subsection (1), by another
  583  agency.
  584         (c) Commodities or contractual services available only from
  585  a single source may be excepted from the competitive
  586  solicitation requirements. If When an agency believes that
  587  commodities or contractual services are available only from a
  588  single source, the agency shall electronically post a
  589  description of the commodities or contractual services sought
  590  for a period of at least 7 business days. The description must
  591  include a request that prospective vendors provide information
  592  regarding their ability to supply the commodities or contractual
  593  services described. If it is determined in writing by the
  594  agency, after reviewing any information received from
  595  prospective vendors, that the commodities or contractual
  596  services are available only from a single source, the agency
  597  shall:
  598         1. provide notice of its intended decision to enter a
  599  single-source purchase contract in the manner specified in s.
  600  120.57(3), if the amount of the contract does not exceed the
  601  threshold amount provided in s. 287.017 for CATEGORY FOUR.
  602         2. Request approval from the department for the single
  603  source purchase, if the amount of the contract exceeds the
  604  threshold amount provided in s. 287.017 for CATEGORY FOUR. The
  605  agency shall initiate its request for approval in a form
  606  prescribed by the department, which request may be
  607  electronically transmitted. The failure of the department to
  608  approve or disapprove the agency’s request for approval within
  609  21 days after receiving such request shall constitute prior
  610  approval of the department. If the department approves the
  611  agency’s request, the agency shall provide notice of its
  612  intended decision to enter a single-source contract in the
  613  manner specified in s. 120.57(3).
  614         (d) When it is in the best interest of the state, the
  615  secretary of the department or his or her designee may authorize
  616  the Support Program to purchase insurance by negotiation, but
  617  such purchase shall be made only under conditions most favorable
  618  to the public interest.
  619         (d)(e) Prescriptive assistive devices for the purpose of
  620  medical, developmental, or vocational rehabilitation of clients
  621  are excepted from competitive-solicitation requirements and
  622  shall be procured pursuant to an established fee schedule or by
  623  any other method that which ensures the best price for the
  624  state, taking into consideration the needs of the client.
  625  Prescriptive assistive devices include, but are not limited to,
  626  prosthetics, orthotics, and wheelchairs. For purchases made
  627  pursuant to this paragraph, state agencies shall annually file
  628  with the department a description of the purchases and methods
  629  of procurement.
  630         (e)(f) The following contractual services and commodities
  631  are not subject to the competitive-solicitation requirements of
  632  this section:
  633         1. Artistic services. As used in For the purposes of this
  634  subsection, the term “artistic services” does not include
  635  advertising or typesetting. As used in this subparagraph, the
  636  term “advertising” means the making of a representation in any
  637  form in connection with a trade, business, craft, or profession
  638  in order to promote the supply of commodities or services by the
  639  person promoting the commodities or contractual services.
  640         2. Academic program reviews if the fee for such services
  641  does not exceed $50,000.
  642         3. Lectures by individuals.
  643         4. Legal services, including attorney, paralegal, expert
  644  witness, appraisal, or mediator services.
  645         5.a. Health services involving examination, diagnosis,
  646  treatment, prevention, medical consultation, or administration.
  647  The term also includes,
  648         b. Beginning January 1, 2011, health services, including,
  649  but is not limited to, substance abuse and mental health
  650  services, involving examination, diagnosis, treatment,
  651  prevention, or medical consultation if, when such services are
  652  offered to eligible individuals participating in a specific
  653  program that qualifies multiple providers and uses a standard
  654  payment methodology. Reimbursement of administrative costs for
  655  providers of services purchased in this manner are shall also be
  656  exempt. For purposes of this subparagraph sub-subparagraph, the
  657  term “providers” means health professionals and, health
  658  facilities, or organizations that deliver or arrange for the
  659  delivery of health services.
  660         6. Services provided to persons with mental or physical
  661  disabilities by not-for-profit corporations that which have
  662  obtained exemptions under the provisions of s. 501(c)(3) of the
  663  United States Internal Revenue Code or when such services are
  664  governed by the provisions of Office of Management and Budget
  665  Circular A-122. However, in acquiring such services, the agency
  666  shall consider the ability of the vendor, past performance,
  667  willingness to meet time requirements, and price.
  668         7. Medicaid services delivered to an eligible Medicaid
  669  recipient unless the agency is directed otherwise in law.
  670         8. Family placement services.
  671         9. Prevention services related to mental health, including
  672  drug abuse prevention programs, child abuse prevention programs,
  673  and shelters for runaways, operated by not-for-profit
  674  corporations. However, in acquiring such services, the agency
  675  shall consider the ability of the vendor, past performance,
  676  willingness to meet time requirements, and price.
  677         10. Training and education services provided to injured
  678  employees pursuant to s. 440.491(6).
  679         11. Contracts entered into pursuant to s. 337.11.
  680         12. Services or commodities provided by governmental
  681  entities agencies.
  682         13. Statewide public service announcement programs provided
  683  by a Florida statewide nonprofit corporation under s. 501(c)(6)
  684  of the Internal Revenue Code which have, with a guaranteed
  685  documented match of at least $3 to $1.
  686         (f)(g) Continuing education events or programs that are
  687  offered to the general public and for which fees have been
  688  collected which that pay all expenses associated with the event
  689  or program are exempt from requirements for competitive
  690  solicitation.
  691         (10) A contract for commodities or contractual services may
  692  be awarded without competition if state or federal law
  693  prescribes with whom the agency must contract or if the rate of
  694  payment or the recipient of the funds is established during the
  695  appropriations process.
  696         (12) Extension of a contract for commodities or contractual
  697  services must shall be in writing for a period not to exceed 6
  698  months and is shall be subject to the same terms and conditions
  699  set forth in the initial contract and any written amendments
  700  signed by the parties. There may shall be only one extension of
  701  a contract unless the failure to meet the criteria set forth in
  702  the contract for completion of the contract is due to events
  703  beyond the control of the contractor.
  704         (13) Contracts for commodities or contractual services may
  705  be renewed for a period that may not exceed 3 years or the term
  706  of the original contract, whichever period is longer. Renewal of
  707  a contract for commodities or contractual services must shall be
  708  in writing and is shall be subject to the same terms and
  709  conditions set forth in the initial contract and any written
  710  amendments signed by the parties. If the commodity or
  711  contractual service is purchased as a result of the solicitation
  712  of bids, proposals, or replies, the price of the commodity or
  713  contractual service to be renewed must shall be specified in the
  714  bid, proposal, or reply, except that an agency may negotiate
  715  lower pricing. A renewal contract may not include any
  716  compensation for costs associated with the renewal. Renewals are
  717  shall be contingent upon satisfactory performance evaluations by
  718  the agency and subject to the availability of funds. Exceptional
  719  purchase contracts pursuant to paragraphs (3)(a) and (c) may not
  720  be renewed. With the exception of subsection (10) (12), if a
  721  contract amendment results in a longer contract term or
  722  increased payments, a state agency may not renew or amend a
  723  contract for the outsourcing of a service or activity that has
  724  an original term value exceeding the sum of $10 million before
  725  submitting a written report concerning contract performance to
  726  the Governor, the President of the Senate, and the Speaker of
  727  the House of Representatives at least 90 days before execution
  728  of the renewal or amendment.
  729         (16)(a) For a contract in excess of the threshold amount
  730  provided in s. 287.017 for CATEGORY FOUR, the agency head shall
  731  appoint:
  732         1.(a) At least three persons to evaluate proposals and
  733  replies who collectively have experience and knowledge in the
  734  program areas and service requirements for which commodities or
  735  contractual services are sought.
  736         2.(b) At least three persons to conduct negotiations during
  737  a competitive sealed reply procurement who collectively have
  738  experience and knowledge in negotiating contracts, contract
  739  procurement, and the program areas and service requirements for
  740  which commodities or contractual services are sought.
  741         (b) If When the value of a contract is in excess of $1
  742  million in any fiscal year, at least one of the persons
  743  conducting negotiations must be certified as a contract
  744  negotiator based upon department rules adopted by the Department
  745  of Management Services in order to ensure that certified
  746  contract negotiators are knowledgeable about effective
  747  negotiation strategies, capable of successfully implementing
  748  those strategies, and involved appropriately in the procurement
  749  process. At a minimum, the rules must address the qualifications
  750  required for certification, the method of certification, and the
  751  procedure for involving the certified negotiator. If the value
  752  of a contract is in excess of $10 million in any fiscal year, at
  753  least one of the persons conducting negotiations must be a
  754  Project Management Professional, as certified by the Project
  755  Management Institute.
  756         (22) The department, in consultation with the Chief
  757  Financial Officer Agency for Enterprise Information Technology
  758  and the Comptroller, shall maintain develop a program for online
  759  procurement of commodities and contractual services. To enable
  760  the state to promote open competition and to leverage its buying
  761  power, agencies shall participate in the online procurement
  762  program, and eligible users may participate in the program. Only
  763  vendors prequalified as meeting mandatory requirements and
  764  qualifications criteria may participate in online procurement.
  765         (a) The department, in consultation with the agency, may
  766  contract for equipment and services necessary to develop and
  767  implement online procurement.
  768         (b) The department, in consultation with the agency, shall
  769  adopt rules, pursuant to ss. 120.536(1) and 120.54, to
  770  administer the program for online procurement. The rules must
  771  shall include, but not be limited to:
  772         1. Determining the requirements and qualification criteria
  773  for prequalifying vendors.
  774         2. Establishing the procedures for conducting online
  775  procurement.
  776         3. Establishing the criteria for eligible commodities and
  777  contractual services.
  778         4. Establishing the procedures for providing access to
  779  online procurement.
  780         5. Determining the criteria warranting any exceptions to
  781  participation in the online procurement program.
  782         (c) The department may impose and shall collect all fees
  783  for the use of the online procurement systems.
  784         1. The fees may be imposed on an individual transaction
  785  basis or as a fixed percentage of the cost savings generated. At
  786  a minimum, the fees must be set in an amount sufficient to cover
  787  the projected costs of the services, including administrative
  788  and project service costs in accordance with the policies of the
  789  department.
  790         2. If the department contracts with a provider for online
  791  procurement, the department, pursuant to appropriation, shall
  792  compensate the provider from the fees after the department has
  793  satisfied all ongoing costs. The provider shall report
  794  transaction data to the department each month so that the
  795  department may determine the amount due and payable to the
  796  department from each vendor.
  797         3. All fees that are due and payable to the state on a
  798  transactional basis or as a fixed percentage of the cost savings
  799  generated are subject to s. 215.31 and must be remitted within
  800  40 days after receipt of payment for which the fees are due. For
  801  fees that are not remitted within 40 days, the vendor shall pay
  802  interest at the rate established under s. 55.03(1) on the unpaid
  803  balance from the expiration of the 40-day period until the fees
  804  are remitted.
  805         4. All fees and surcharges collected under this paragraph
  806  shall be deposited in the Operating Trust Fund as provided by
  807  law.
  808         Section 9. Effective December 1, 2014, subsection (14) of
  809  section 287.057, Florida Statutes, is amended to read:
  810         287.057 Procurement of commodities or contractual
  811  services.—
  812         (14) For each contractual services contract, the agency
  813  shall designate an employee to function as contract manager who
  814  is shall be responsible for enforcing performance of the
  815  contract terms and conditions and serve as a liaison with the
  816  contractor.
  817         (a) Each contract manager who is responsible for contracts
  818  in excess of the threshold amount for CATEGORY TWO must, at a
  819  minimum, complete attend training conducted by the Chief
  820  Financial Officer for accountability in contracts and grant
  821  management. The Chief Financial Officer shall establish and
  822  disseminate uniform procedures pursuant to s. 17.03(3) to ensure
  823  that contractual services have been rendered in accordance with
  824  the contract terms before the agency processes the invoice for
  825  payment. The procedures must shall include, but need not be
  826  limited to, procedures for monitoring and documenting contractor
  827  performance, reviewing and documenting all deliverables for
  828  which payment is requested by vendors, and providing written
  829  certification by contract managers of the agency’s receipt of
  830  goods and services.
  831         (b) Each contract manager who is responsible for contracts
  832  in excess of $100,000 annually must complete training in
  833  contract management and become a certified contract manager. The
  834  department is responsible for establishing and disseminating the
  835  requirements for certification which include completing the
  836  training conducted by the Chief Financial Officer for
  837  accountability in contracts and grant management. Training and
  838  certification must be coordinated by the department, and the
  839  training must be conducted jointly by the department and the
  840  Department of Financial Services. Training must promote best
  841  practices and procedures related to negotiating, managing, and
  842  ensuring accountability in agency contracts and grant
  843  agreements, which must include the use of case studies based
  844  upon previous audits, contracts, and grant agreements. All
  845  agency contract managers must become certified within 24 months
  846  after establishment of the training and certification
  847  requirements by the department and the Department of Financial
  848  Services.
  849         Section 10. Paragraph (a) of subsection (3) of section
  850  287.0571, Florida Statutes, is amended to read:
  851         287.0571 Business case to outsource; applicability.—
  852         (3) This section does not apply to:
  853         (a) A procurement of commodities and contractual services
  854  listed in s. 287.057(3)(d) and (e) 287.057(3)(e), (f), and (g)
  855  and (21).
  856         Section 11. Subsections (1), (2), and (5) of section
  857  287.058, Florida Statutes, are amended, and subsection (7) is
  858  added to that section, to read:
  859         287.058 Contract document.—
  860         (1) Every procurement of contractual services in excess of
  861  the threshold amount provided in s. 287.017 for CATEGORY TWO,
  862  except for the providing of health and mental health services or
  863  drugs in the examination, diagnosis, or treatment of sick or
  864  injured state employees or the providing of other benefits as
  865  required by the provisions of chapter 440, shall be evidenced by
  866  a written agreement embodying all provisions and conditions of
  867  the procurement of such services, which shall, where applicable,
  868  include, but not be limited to, a provision:
  869         (a) That bills for fees or other compensation for services
  870  or expenses be submitted in detail sufficient for a proper
  871  preaudit and postaudit thereof.
  872         (b) That bills for any travel expenses be submitted in
  873  accordance with s. 112.061. A state agency may establish rates
  874  lower than the maximum provided in s. 112.061.
  875         (c) Allowing unilateral cancellation by the agency for
  876  refusal by the contractor to allow public access to all
  877  documents, papers, letters, or other material made or received
  878  by the contractor in conjunction with the contract, unless the
  879  records are exempt from s. 24(a) of Art. I of the State
  880  Constitution and s. 119.07(1).
  881         (d) Specifying a scope of work that clearly establishes all
  882  tasks the contractor is required to perform.
  883         (e) Dividing the contract into quantifiable, measurable,
  884  and verifiable units of deliverables that must be received and
  885  accepted in writing by the contract manager before payment. Each
  886  deliverable must be directly related to the scope of work and
  887  specify a performance measure. As used in this paragraph, the
  888  term “performance measure” means the required minimum acceptable
  889  level of service to be performed and criteria for evaluating the
  890  successful completion of each deliverable.
  891         (f) Specifying the criteria and the final date by which
  892  such criteria must be met for completion of the contract.
  893         (g) Specifying that the contract may be renewed for a
  894  period that may not exceed 3 years or the term of the original
  895  contract, whichever period is longer, specifying the renewal
  896  price for the contractual service as set forth in the bid,
  897  proposal, or reply, specifying that costs for the renewal may
  898  not be charged, and specifying that renewals are shall be
  899  contingent upon satisfactory performance evaluations by the
  900  agency and subject to the availability of funds. Exceptional
  901  purchase contracts pursuant to s. 287.057(3)(a) and (c) may not
  902  be renewed.
  903         (h) Specifying the financial consequences that the agency
  904  must apply if the contractor fails to perform in accordance with
  905  the contract.
  906         (i) Addressing the property rights of any intellectual
  907  property related to the contract and the specific rights of the
  908  state regarding the intellectual property if the contractor
  909  fails to provide the services or is no longer providing
  910  services.
  911  
  912  In lieu of a written agreement, the agency department may
  913  authorize the use of a purchase order for classes of contractual
  914  services, if the provisions of paragraphs (a)-(i) are included
  915  in the purchase order or solicitation. The purchase order must
  916  include, but need not be limited to, an adequate description of
  917  the services, the contract period, and the method of payment. In
  918  lieu of printing the provisions of paragraphs (a)-(c) and (g)
  919  (a)-(i) in the contract document or purchase order, agencies may
  920  incorporate the requirements of paragraphs (a)-(c) and (g) (a)
  921  (i) by reference.
  922         (2) The written agreement shall be signed by the agency
  923  head or designee and the contractor before prior to the
  924  rendering of any contractual service the value of which is in
  925  excess of the threshold amount provided in s. 287.017 for
  926  CATEGORY TWO, except in the case of a valid emergency as
  927  certified by the agency head. The written statement
  928  certification of an emergency must shall be prepared within 30
  929  days after the contractor begins rendering the service and must
  930  shall state the particular facts and circumstances which
  931  precluded the execution of the written agreement before prior to
  932  the rendering of the service. If the agency fails to have the
  933  contract signed by the agency head or designee and the
  934  contractor before prior to rendering the contractual service,
  935  and if an emergency does not exist, the agency head shall,
  936  within no later than 30 days after the contractor begins
  937  rendering the service, certify the specific conditions and
  938  circumstances to the department as well as describe actions
  939  taken to prevent recurrence of such noncompliance. The agency
  940  head may delegate the written statement certification only to
  941  other senior management agency personnel. A copy of the written
  942  statement certification shall be furnished to the Chief
  943  Financial Officer with the voucher authorizing payment. The
  944  department shall report repeated instances of noncompliance by
  945  an agency to the Auditor General. Nothing in This subsection
  946  does not shall be deemed to authorize additional compensation
  947  prohibited under by s. 215.425. The procurement of contractual
  948  services may shall not be divided so as to avoid the provisions
  949  of this section.
  950         (5) Unless otherwise provided in the General Appropriations
  951  Act or the substantive bill implementing the General
  952  Appropriations Act, the Chief Financial Officer may waive the
  953  requirements of this section for services which are included in
  954  s. 287.057(3)(e) 287.057(3)(f).
  955         (7) The Chief Financial Officer may audit a contract
  956  subject to this chapter before the execution of such contract in
  957  accordance with rules adopted by the Department of Financial
  958  Services. The audit must ensure that applicable laws have been
  959  met; that the contract document contains a clear statement of
  960  work, quantifiable and measurable deliverables, performance
  961  measures, financial consequences for nonperformance, and clear
  962  terms and conditions that protect the interests of the state;
  963  and that the associated costs of the contract are not
  964  unreasonable or inappropriate. The audit must ensure that all
  965  contracting laws have been met and that documentation is
  966  available to support the contract. A contract that does not
  967  comply with this section may be returned to the submitting
  968  agency for revision.
  969         (a) The Chief Financial Officer may establish dollar
  970  thresholds and other criteria for sampling the contracts that
  971  are to be audited before execution. The Chief Financial Officer
  972  may revise such thresholds and other criteria for an agency or
  973  unit of an agency as deemed appropriate.
  974         (b) The Chief Financial Officer shall make a final
  975  determination of any deficiencies in the contract within 10
  976  business days after receipt of the proposed contract and shall
  977  include information regarding the deficiencies in the audit
  978  report provided to the agency entering into the contract. The
  979  Chief Financial Officer and the agency entering into the
  980  contract may agree to a longer review period.
  981         Section 12. Section 287.136, Florida Statutes, is created
  982  to read:
  983         287.136Audit of executed contract documents.—The Chief
  984  Financial Officer shall perform audits of an executed contract
  985  documents and contract manager’s records to ensure that adequate
  986  internal controls are in place for complying with the terms and
  987  conditions of the contract and for the validation and receipt of
  988  goods and services.
  989         (1) At the conclusion of the audit, the Chief Financial
  990  Officer’s designee shall discuss the audit and potential
  991  findings with the official whose office is subject to audit. The
  992  final audit report shall be submitted to the agency head.
  993         (2) Within 30 days after the receipt of the final audit
  994  report, the agency head shall submit to the Chief Financial
  995  Officer or designee, his or her written statement of explanation
  996  or rebuttal concerning findings requiring corrective action,
  997  including corrective action to be taken to preclude a
  998  recurrence.
  999         Section 13. Section 287.076, Florida Statutes, is amended
 1000  to read:
 1001         287.076 Project Management Professionals training for
 1002  personnel involved in managing outsourcings and negotiations;
 1003  funding.—The department of Management Services may implement a
 1004  program to train state agency employees who are involved in
 1005  managing outsourcings as Project Management Professionals, as
 1006  certified by the Project Management Institute. For the 2006-2007
 1007  fiscal year, the sum of $500,000 in recurring funds from the
 1008  General Revenue Fund is appropriated to the Department of
 1009  Management Services to implement this program. Subject to annual
 1010  appropriations, the department of Management Services, in
 1011  consultation with entities subject to this part act, shall
 1012  identify personnel to participate in this training based on
 1013  requested need and ensure that each agency is represented. The
 1014  department of Management Services may remit payment for this
 1015  training on behalf of all participating personnel.
 1016         Section 14. Subsection (3) of section 16.0155, Florida
 1017  Statutes, is amended to read:
 1018         16.0155 Contingency fee agreements.—
 1019         (3) Notwithstanding the exemption provided in s.
 1020  287.057(3)(e), if the Attorney General makes the determination
 1021  described in subsection (2), he or she notwithstanding the
 1022  exemption provided in s. 287.057(3)(f), the Attorney General
 1023  shall request proposals from private attorneys to represent the
 1024  department on a contingency-fee basis, unless the Attorney
 1025  General determines in writing that requesting proposals is not
 1026  feasible under the circumstances. The written determination does
 1027  not constitute a final agency action subject to review pursuant
 1028  to ss. 120.569 and 120.57. For purposes of this subsection only,
 1029  the department is exempt from the requirements of s. 120.57(3),
 1030  and neither the request for proposals nor the contract award is
 1031  subject to challenge pursuant to ss. 120.569 and 120.57.
 1032         Section 15. Subsection (1) of section 283.33, Florida
 1033  Statutes, is amended to read:
 1034         283.33 Printing of publications; lowest bidder awards.—
 1035         (1) Publications may be printed and prepared in-house, by
 1036  another agency or the Legislature, or purchased on bid,
 1037  whichever is more economical and practicable as determined by
 1038  the agency. An agency may contract for binding separately when
 1039  more economical or practicable, whether or not the remainder of
 1040  the printing is done in-house. A vendor may subcontract for
 1041  binding and still be considered a responsible vendor as defined
 1042  in s. 287.012, notwithstanding s. 287.012(24).
 1043         Section 16. Subsection (3) of section 394.457, Florida
 1044  Statutes, is amended to read:
 1045         394.457 Operation and administration.—
 1046         (3) POWER TO CONTRACT.—The department may contract to
 1047  provide, and be provided with, services and facilities in order
 1048  to carry out its responsibilities under this part with the
 1049  following agencies: public and private hospitals; receiving and
 1050  treatment facilities; clinics; laboratories; departments,
 1051  divisions, and other units of state government; the state
 1052  colleges and universities; the community colleges; private
 1053  colleges and universities; counties, municipalities, and any
 1054  other governmental unit, including facilities of the United
 1055  States Government; and any other public or private entity which
 1056  provides or needs facilities or services. Baker Act funds for
 1057  community inpatient, crisis stabilization, short-term
 1058  residential treatment, and screening services must be allocated
 1059  to each county pursuant to the department’s funding allocation
 1060  methodology. Notwithstanding s. 287.057(3)(e) the provisions of
 1061  s. 287.057(3)(f), contracts for community-based Baker Act
 1062  services for inpatient, crisis stabilization, short-term
 1063  residential treatment, and screening provided under this part,
 1064  other than those with other units of government, to be provided
 1065  for the department must be awarded using competitive sealed bids
 1066  if when the county commission of the county receiving the
 1067  services makes a request to the department’s district office by
 1068  January 15 of the contracting year. The district may shall not
 1069  enter into a competitively bid contract under this provision if
 1070  such action will result in increases of state or local
 1071  expenditures for Baker Act services within the district.
 1072  Contracts for these Baker Act services using competitive sealed
 1073  bids are will be effective for 3 years. The department shall
 1074  adopt rules establishing minimum standards for such contracted
 1075  services and facilities and shall make periodic audits and
 1076  inspections to assure that the contracted services are provided
 1077  and meet the standards of the department.
 1078         Section 17. Paragraph (a) of subsection (2) of section
 1079  402.7305, Florida Statutes, is amended to read:
 1080         402.7305 Department of Children and Family Services;
 1081  procurement of contractual services; contract management.—
 1082         (2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.—
 1083         (a) Notwithstanding s. 287.057(3)(e)12. 287.057(3)(f)12.,
 1084  if whenever the department intends to contract with a public
 1085  postsecondary institution to provide a service, the department
 1086  must allow all public postsecondary institutions in this state
 1087  that are accredited by the Southern Association of Colleges and
 1088  Schools to bid on the contract. Thereafter, notwithstanding any
 1089  other provision of law to the contrary, if a public
 1090  postsecondary institution intends to subcontract for any service
 1091  awarded in the contract, the subcontracted service must be
 1092  procured by competitive procedures.
 1093         Section 18. Section 409.9132, Florida Statutes, is amended
 1094  to read:
 1095         409.9132 Pilot project to monitor home health services.—The
 1096  Agency for Health Care Administration shall expand the home
 1097  health agency monitoring pilot project in Miami-Dade County on a
 1098  statewide basis effective July 1, 2012, except in counties in
 1099  which the program is will not be cost-effective, as determined
 1100  by the agency. The agency shall contract with a vendor to verify
 1101  the utilization and delivery of home health services and provide
 1102  an electronic billing interface for home health services. The
 1103  contract must require the creation of a program to submit claims
 1104  electronically for the delivery of home health services. The
 1105  program must verify telephonically visits for the delivery of
 1106  home health services using voice biometrics. The agency may seek
 1107  amendments to the Medicaid state plan and waivers of federal
 1108  laws, as necessary, to implement or expand the pilot project.
 1109  Notwithstanding s. 287.057(3)(e) 287.057(3)(f), the agency must
 1110  award the contract through the competitive solicitation process
 1111  and may use the current contract to expand the home health
 1112  agency monitoring pilot project to include additional counties
 1113  as authorized under this section.
 1114         Section 19. Subsection (3) of section 427.0135, Florida
 1115  Statutes, is amended to read:
 1116         427.0135 Purchasing agencies; duties and responsibilities.
 1117  Each purchasing agency, in carrying out the policies and
 1118  procedures of the commission, shall:
 1119         (3) Not procure transportation disadvantaged services
 1120  without initially negotiating with the commission, as provided
 1121  in s. 287.057(3)(e)12. 287.057(3)(f)12., or unless otherwise
 1122  authorized by statute. If the purchasing agency, after
 1123  consultation with the commission, determines that it cannot
 1124  reach mutually acceptable contract terms with the commission,
 1125  the purchasing agency may contract for the same transportation
 1126  services provided in a more cost-effective manner and of
 1127  comparable or higher quality and standards. The Medicaid agency
 1128  shall implement this subsection in a manner consistent with s.
 1129  409.908(18) and as otherwise limited or directed by the General
 1130  Appropriations Act.
 1131         Section 20. Paragraph (c) of subsection (5) of section
 1132  445.024, Florida Statutes, is amended to read:
 1133         445.024 Work requirements.—
 1134         (5) USE OF CONTRACTS.—Regional workforce boards shall
 1135  provide work activities, training, and other services, as
 1136  appropriate, through contracts. In contracting for work
 1137  activities, training, or services, the following applies:
 1138         (c) Notwithstanding the exemption from the competitive
 1139  sealed bid requirements provided in s. 287.057(3)(e)
 1140  287.057(3)(f) for certain contractual services, each contract
 1141  awarded under this chapter must be awarded on the basis of a
 1142  competitive sealed bid, except for a contract with a
 1143  governmental entity as determined by the regional workforce
 1144  board.
 1145         Section 21. Paragraph (c) of subsection (5) of section
 1146  627.311, Florida Statutes, is amended to read:
 1147         627.311 Joint underwriters and joint reinsurers; public
 1148  records and public meetings exemptions.—
 1149         (5)
 1150         (c) The operation of the plan shall be governed by a plan
 1151  of operation that is prepared at the direction of the board of
 1152  governors and approved by order of the office. The plan is
 1153  subject to continuous review by the office. The office may, by
 1154  order, withdraw approval of all or part of a plan if the office
 1155  determines that conditions have changed since approval was
 1156  granted and that the purposes of the plan require changes in the
 1157  plan. The plan of operation must shall:
 1158         1. Authorize the board to engage in the activities
 1159  necessary to implement this subsection, including, but not
 1160  limited to, borrowing money.
 1161         2. Develop criteria for eligibility for coverage by the
 1162  plan, including, but not limited to, documented rejection by at
 1163  least two insurers which reasonably assures that insureds
 1164  covered under the plan are unable to acquire coverage in the
 1165  voluntary market.
 1166         3. Require notice from the agent to the insured at the time
 1167  of the application for coverage that the application is for
 1168  coverage with the plan and that coverage may be available
 1169  through an insurer, group self-insurers’ fund, commercial self
 1170  insurance fund, or assessable mutual insurer through another
 1171  agent at a lower cost.
 1172         4. Establish programs to encourage insurers to provide
 1173  coverage to applicants of the plan in the voluntary market and
 1174  to insureds of the plan, including, but not limited to:
 1175         a. Establishing procedures for an insurer to use in
 1176  notifying the plan of the insurer’s desire to provide coverage
 1177  to applicants to the plan or existing insureds of the plan and
 1178  in describing the types of risks in which the insurer is
 1179  interested. The description of the desired risks must be on a
 1180  form developed by the plan.
 1181         b. Developing forms and procedures that provide an insurer
 1182  with the information necessary to determine whether the insurer
 1183  wants to write particular applicants to the plan or insureds of
 1184  the plan.
 1185         c. Developing procedures for notice to the plan and the
 1186  applicant to the plan or insured of the plan that an insurer
 1187  will insure the applicant or the insured of the plan, and notice
 1188  of the cost of the coverage offered; and developing procedures
 1189  for the selection of an insuring entity by the applicant or
 1190  insured of the plan.
 1191         d. Provide for a market-assistance plan to assist in the
 1192  placement of employers. All applications for coverage in the
 1193  plan received 45 days before the effective date for coverage
 1194  shall be processed through the market-assistance plan. A market
 1195  assistance plan specifically designed to serve the needs of
 1196  small, good policyholders as defined by the board must be
 1197  reviewed and updated periodically.
 1198         5. Provide for policy and claims services to the insureds
 1199  of the plan of the nature and quality provided for insureds in
 1200  the voluntary market.
 1201         6. Provide for the review of applications for coverage with
 1202  the plan for reasonableness and accuracy, using any available
 1203  historic information regarding the insured.
 1204         7. Provide for procedures for auditing insureds of the plan
 1205  which are based on reasonable business judgment and are designed
 1206  to maximize the likelihood that the plan will collect the
 1207  appropriate premiums.
 1208         8. Authorize the plan to terminate the coverage of and
 1209  refuse future coverage for any insured that submits a fraudulent
 1210  application to the plan or provides fraudulent or grossly
 1211  erroneous records to the plan or to any service provider of the
 1212  plan in conjunction with the activities of the plan.
 1213         9. Establish service standards for agents who submit
 1214  business to the plan.
 1215         10. Establish criteria and procedures to prohibit any agent
 1216  who does not adhere to the established service standards from
 1217  placing business with the plan or receiving, directly or
 1218  indirectly, any commissions for business placed with the plan.
 1219         11. Provide for the establishment of reasonable safety
 1220  programs for all insureds in the plan. All insureds of the plan
 1221  must participate in the safety program.
 1222         12. Authorize the plan to terminate the coverage of and
 1223  refuse future coverage to any insured who fails to pay premiums
 1224  or surcharges when due; who, at the time of application, is
 1225  delinquent in payments of workers’ compensation or employer’s
 1226  liability insurance premiums or surcharges owed to an insurer,
 1227  group self-insurers’ fund, commercial self-insurance fund, or
 1228  assessable mutual insurer licensed to write such coverage in
 1229  this state; or who refuses to substantially comply with any
 1230  safety programs recommended by the plan.
 1231         13. Authorize the board of governors to provide the goods
 1232  and services required by the plan through staff employed by the
 1233  plan, through reasonably compensated service providers who
 1234  contract with the plan to provide services as specified by the
 1235  board of governors, or through a combination of employees and
 1236  service providers.
 1237         a. Purchases that equal or exceed $2,500 but are less than
 1238  or equal to $25,000, shall be made by receipt of written quotes,
 1239  telephone quotes, or informal bids, if whenever practical. The
 1240  procurement of goods or services valued over $25,000 is subject
 1241  to competitive solicitation, except in situations in which the
 1242  goods or services are provided by a sole source or are deemed an
 1243  emergency purchase, or the services are exempted from
 1244  competitive-solicitation requirements under s. 287.057(3)(e)
 1245  287.057(3)(f). Justification for the sole-sourcing or emergency
 1246  procurement must be documented. Contracts for goods or services
 1247  valued at or over $100,000 are subject to board approval.
 1248         b. The board shall determine whether it is more cost
 1249  effective and in the best interests of the plan to use legal
 1250  services provided by in-house attorneys employed by the plan
 1251  rather than contracting with outside counsel. In making such
 1252  determination, the board shall document its findings and shall
 1253  consider the expertise needed; whether time commitments exceed
 1254  in-house staff resources; whether local representation is
 1255  needed; the travel, lodging, and other costs associated with in
 1256  house representation; and such other factors that the board
 1257  determines are relevant.
 1258         14. Provide for service standards for service providers,
 1259  methods of determining adherence to those service standards,
 1260  incentives and disincentives for service, and procedures for
 1261  terminating contracts for service providers that fail to adhere
 1262  to service standards.
 1263         15. Provide procedures for selecting service providers and
 1264  standards for qualification as a service provider that
 1265  reasonably assure that any service provider selected will
 1266  continue to operate as an ongoing concern and is capable of
 1267  providing the specified services in the manner required.
 1268         16. Provide for reasonable accounting and data-reporting
 1269  practices.
 1270         17. Provide for annual review of costs associated with the
 1271  administration and servicing of the policies issued by the plan
 1272  to determine alternatives by which costs can be reduced.
 1273         18. Authorize the acquisition of such excess insurance or
 1274  reinsurance as is consistent with the purposes of the plan.
 1275         19. Provide for an annual report to the office on a date
 1276  specified by the office and containing such information as the
 1277  office reasonably requires.
 1278         20. Establish multiple rating plans for various
 1279  classifications of risk which reflect risk of loss, hazard
 1280  grade, actual losses, size of premium, and compliance with loss
 1281  control. At least one of such plans must be a preferred-rating
 1282  plan to accommodate small-premium policyholders with good
 1283  experience as defined in sub-subparagraph 22.a.
 1284         21. Establish agent commission schedules.
 1285         22. For employers otherwise eligible for coverage under the
 1286  plan, establish three tiers of employers meeting the criteria
 1287  and subject to the rate limitations specified in this
 1288  subparagraph.
 1289         a. Tier One.—
 1290         (I) Criteria; rated employers.—An employer that has an
 1291  experience modification rating shall be included in Tier One if
 1292  the employer meets all of the following:
 1293         (A) The experience modification is below 1.00.
 1294         (B) The employer had no lost-time claims subsequent to the
 1295  applicable experience modification rating period.
 1296         (C) The total of the employer’s medical-only claims
 1297  subsequent to the applicable experience modification rating
 1298  period did not exceed 20 percent of premium.
 1299         (II) Criteria; non-rated employers.—An employer that does
 1300  not have an experience modification rating shall be included in
 1301  Tier One if the employer meets all of the following:
 1302         (A) The employer had no lost-time claims for the 3-year
 1303  period immediately preceding the inception date or renewal date
 1304  of the employer’s coverage under the plan.
 1305         (B) The total of the employer’s medical-only claims for the
 1306  3-year period immediately preceding the inception date or
 1307  renewal date of the employer’s coverage under the plan did not
 1308  exceed 20 percent of premium.
 1309         (C) The employer has secured workers’ compensation coverage
 1310  for the entire 3-year period immediately preceding the inception
 1311  date or renewal date of the employer’s coverage under the plan.
 1312         (D) The employer is able to provide the plan with a loss
 1313  history generated by the employer’s prior workers’ compensation
 1314  insurer, except if the employer is not able to produce a loss
 1315  history due to the insolvency of an insurer, the receiver shall
 1316  provide to the plan, upon the request of the employer or the
 1317  employer’s agent, a copy of the employer’s loss history from the
 1318  records of the insolvent insurer if the loss history is
 1319  contained in records of the insurer which are in the possession
 1320  of the receiver. If the receiver is unable to produce the loss
 1321  history, the employer may, in lieu of the loss history, submit
 1322  an affidavit from the employer and the employer’s insurance
 1323  agent setting forth the loss history.
 1324         (E) The employer is not a new business.
 1325         (III) Premiums.—The premiums for Tier One insureds shall be
 1326  set at a premium level 25 percent above the comparable voluntary
 1327  market premiums until the plan has sufficient experience as
 1328  determined by the board to establish an actuarially sound rate
 1329  for Tier One, at which point the board shall, subject to
 1330  paragraph (e), adjust the rates, if necessary, to produce
 1331  actuarially sound rates, provided such rate adjustment shall not
 1332  take effect prior to January 1, 2007.
 1333         b. Tier Two.—
 1334         (I) Criteria; rated employers.—An employer that has an
 1335  experience modification rating shall be included in Tier Two if
 1336  the employer meets all of the following:
 1337         (A) The experience modification is equal to or greater than
 1338  1.00 but not greater than 1.10.
 1339         (B) The employer had no lost-time claims subsequent to the
 1340  applicable experience modification rating period.
 1341         (C) The total of the employer’s medical-only claims
 1342  subsequent to the applicable experience modification rating
 1343  period did not exceed 20 percent of premium.
 1344         (II) Criteria; non-rated employers.—An employer that does
 1345  not have any experience modification rating shall be included in
 1346  Tier Two if the employer is a new business. An employer shall be
 1347  included in Tier Two if the employer has less than 3 years of
 1348  loss experience in the 3-year period immediately preceding the
 1349  inception date or renewal date of the employer’s coverage under
 1350  the plan and the employer meets all of the following:
 1351         (A) The employer had no lost-time claims for the 3-year
 1352  period immediately preceding the inception date or renewal date
 1353  of the employer’s coverage under the plan.
 1354         (B) The total of the employer’s medical-only claims for the
 1355  3-year period immediately preceding the inception date or
 1356  renewal date of the employer’s coverage under the plan did not
 1357  exceed 20 percent of premium.
 1358         (C) The employer is able to provide the plan with a loss
 1359  history generated by the workers’ compensation insurer that
 1360  provided coverage for the portion or portions of such period
 1361  during which the employer had secured workers’ compensation
 1362  coverage, except if the employer is not able to produce a loss
 1363  history due to the insolvency of an insurer, the receiver shall
 1364  provide to the plan, upon the request of the employer or the
 1365  employer’s agent, a copy of the employer’s loss history from the
 1366  records of the insolvent insurer if the loss history is
 1367  contained in records of the insurer which are in the possession
 1368  of the receiver. If the receiver is unable to produce the loss
 1369  history, the employer may, in lieu of the loss history, submit
 1370  an affidavit from the employer and the employer’s insurance
 1371  agent setting forth the loss history.
 1372         (III) Premiums.—The premiums for Tier Two insureds shall be
 1373  set at a rate level 50 percent above the comparable voluntary
 1374  market premiums until the plan has sufficient experience as
 1375  determined by the board to establish an actuarially sound rate
 1376  for Tier Two, at which point the board shall, subject to
 1377  paragraph (e), adjust the rates, if necessary, to produce
 1378  actuarially sound rates, provided such rate adjustment shall not
 1379  take effect prior to January 1, 2007.
 1380         c. Tier Three.—
 1381         (I) Eligibility.—An employer shall be included in Tier
 1382  Three if the employer does not meet the criteria for Tier One or
 1383  Tier Two.
 1384         (II) Rates.—The board shall establish, subject to paragraph
 1385  (e), and the plan shall charge, actuarially sound rates for Tier
 1386  Three insureds.
 1387         23. For Tier One or Tier Two employers which employ no
 1388  nonexempt employees or which report payroll which is less than
 1389  the minimum wage hourly rate for one full-time employee for 1
 1390  year at 40 hours per week, the plan shall establish actuarially
 1391  sound premiums, provided, however, that the premiums may not
 1392  exceed $2,500. These premiums shall be in addition to the fee
 1393  specified in subparagraph 26. When the plan establishes
 1394  actuarially sound rates for all employers in Tier One and Tier
 1395  Two, the premiums for employers referred to in this paragraph
 1396  are no longer subject to the $2,500 cap.
 1397         24. Provide for a depopulation program to reduce the number
 1398  of insureds in the plan. If an employer insured through the plan
 1399  is offered coverage from a voluntary market carrier:
 1400         a. During the first 30 days of coverage under the plan;
 1401         b. Before a policy is issued under the plan;
 1402         c. By issuance of a policy upon expiration or cancellation
 1403  of the policy under the plan; or
 1404         d. By assumption of the plan’s obligation with respect to
 1405  an in-force policy,
 1406  
 1407  that employer is no longer eligible for coverage through the
 1408  plan. The premium for risks assumed by the voluntary market
 1409  carrier must be no greater than the premium the insured would
 1410  have paid under the plan, and shall be adjusted upon renewal to
 1411  reflect changes in the plan rates and the tier for which the
 1412  insured would qualify as of the time of renewal. The insured may
 1413  be charged such premiums only for the first 3 years of coverage
 1414  in the voluntary market. A premium under this subparagraph is
 1415  deemed approved and is not an excess premium for purposes of s.
 1416  627.171.
 1417         25. Require that policies issued and applications must
 1418  include a notice that the policy could be replaced by a policy
 1419  issued from a voluntary market carrier and that, if an offer of
 1420  coverage is obtained from a voluntary market carrier, the
 1421  policyholder is no longer eligible for coverage through the
 1422  plan. The notice must also specify that acceptance of coverage
 1423  under the plan creates a conclusive presumption that the
 1424  applicant or policyholder is aware of this potential.
 1425         26. Require that each application for coverage and each
 1426  renewal premium be accompanied by a nonrefundable fee of $475 to
 1427  cover costs of administration and fraud prevention. The board
 1428  may, with the prior approval of the office, increase the amount
 1429  of the fee pursuant to a rate filing to reflect increased costs
 1430  of administration and fraud prevention. The fee is not subject
 1431  to commission and is fully earned upon commencement of coverage.
 1432         Section 22. Paragraph (e) of subsection (6) of section
 1433  627.351, Florida Statutes, is amended to read:
 1434         627.351 Insurance risk apportionment plans.—
 1435         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1436         (e) Purchases that equal or exceed $2,500, but are less
 1437  than $25,000, shall be made by receipt of written quotes,
 1438  written record of telephone quotes, or informal bids, if
 1439  whenever practical. The procurement of goods or services valued
 1440  at or over $25,000 is shall be subject to competitive
 1441  solicitation, except in situations where the goods or services
 1442  are provided by a sole source or are deemed an emergency
 1443  purchase; the services are exempted from competitive
 1444  solicitation requirements under s. 287.057(3)(e) 287.057(3)(f);
 1445  or the procurement of services is subject to s. 627.3513.
 1446  Justification for the sole-sourcing or emergency procurement
 1447  must be documented. Contracts for goods or services valued at or
 1448  over $100,000 are subject to approval by the board.
 1449         Section 23. Subsection (2) of section 765.5155, Florida
 1450  Statutes, is amended to read:
 1451         765.5155 Donor registry; education program.—
 1452         (2) The agency and the department shall jointly contract
 1453  for the operation of a donor registry and education program. The
 1454  contractor shall be procured by competitive solicitation
 1455  pursuant to chapter 287, notwithstanding an any exemption under
 1456  in s. 287.057(3)(e) 287.057(3)(f). When awarding the contract,
 1457  priority shall be given to existing nonprofit groups that are
 1458  based within the state, have expertise working with procurement
 1459  organizations, have expertise in conducting statewide organ and
 1460  tissue donor public education campaigns, and represent the needs
 1461  of the organ and tissue donation community in the state.
 1462         Section 24. Subsection (10) of section 893.055, Florida
 1463  Statutes, is amended to read:
 1464         893.055 Prescription drug monitoring program.—
 1465         (10) All costs incurred by the department in administering
 1466  the prescription drug monitoring program shall be funded through
 1467  federal grants or private funding applied for or received by the
 1468  state. The department may not commit funds for the monitoring
 1469  program without ensuring funding is available. The prescription
 1470  drug monitoring program and the implementation thereof are
 1471  contingent upon receipt of the nonstate funding. The department
 1472  and state government shall cooperate with the direct-support
 1473  organization established pursuant to subsection (11) in seeking
 1474  federal grant funds, other nonstate grant funds, gifts,
 1475  donations, or other private moneys for the department if so long
 1476  as the costs of doing so are not considered material.
 1477  Nonmaterial costs for this purpose include, but are not limited
 1478  to, the costs of mailing and personnel assigned to research or
 1479  apply for a grant. Notwithstanding the exemptions to
 1480  competitive-solicitation requirements under s. 287.057(3)(e)
 1481  287.057(3)(f), the department shall comply with the competitive
 1482  solicitation requirements under s. 287.057 for the procurement
 1483  of any goods or services required by this section. Funds
 1484  provided, directly or indirectly, by prescription drug
 1485  manufacturers may not be used to implement the program.
 1486         Section 25. Except as otherwise expressly provided in this
 1487  act, this act shall take effect July 1, 2013.
 1488  
 1489  ================= T I T L E  A M E N D M E N T ================
 1490         And the title is amended as follows:
 1491         Delete everything before the enacting clause
 1492  and insert:
 1493                        A bill to be entitled                      
 1494         An act relating to governmental accountability;
 1495         creating s. 119.0701, F.S.; providing definitions;
 1496         providing that each public agency contract for
 1497         services must meet specified requirements; requiring
 1498         the public agency to enforce contract provisions if a
 1499         contractor does not comply with a public records
 1500         request; amending s. 119.12, F.S.; specifying what
 1501         constitutes reasonable costs of enforcement in a civil
 1502         action against an agency to enforce ch. 119, F.S.;
 1503         amending s. 215.971, F.S.; requiring agreements funded
 1504         with state or federal financial assistance to include
 1505         additional provisions; authorizing the Chief Financial
 1506         Officer to audit agreements before execution and
 1507         providing requirements for such audits; requiring
 1508         state agencies to designate a grants manager for each
 1509         agreement and providing requirements and procedures
 1510         for managers; requiring the Chief Financial Officer to
 1511         perform audits of executed agreements and to discuss
 1512         such audits with agency officials; requiring the
 1513         agency head to respond to the audit; reordering and
 1514         amending s. 215.985, F.S.; revising provisions
 1515         relating to the Chief Financial Officer’s
 1516         intergovernmental contract tracking system under the
 1517         Transparency Florida Act; requiring state agencies to
 1518         post certain information in the tracking system and to
 1519         update that information; requiring that exempt and
 1520         confidential information be redacted from contracts
 1521         and procurement documents posted on the system;
 1522         authorizing the Chief Financial Officer to make
 1523         available to the public the information posted on the
 1524         system through a secure website; providing an
 1525         exception; authorizing the Department of Financial
 1526         Services to adopt rules; repealing s. 216.0111, F.S.,
 1527         relating to a requirement that state agencies report
 1528         certain contract information to the Department of
 1529         Financial Services and transferring that requirement
 1530         to s. 215.985, F.S.; amending s. 287.012, F.S.;
 1531         providing and revising definitions; amending s.
 1532         287.042, F.S.; revising powers, duties, and functions
 1533         of the Department of Management Services; eliminating
 1534         a duty of the department to maintain a vendor list;
 1535         authorizing the department to lead or enter into joint
 1536         agreements with governmental entities for the purchase
 1537         of commodities or contractual services that can be
 1538         used by multiple agencies; amending s. 287.057, F.S.;
 1539         providing that contracts awarded pursuant to an
 1540         invitation to bid shall be awarded to the responsible
 1541         and responsive vendor that submits the lowest
 1542         responsive bid; revising exceptions to the requirement
 1543         that the purchase of specified commodities or
 1544         contractual services be made only as a result of
 1545         receiving competitive sealed bids, competitive sealed
 1546         proposals, or competitive sealed replies; revising
 1547         contractual services and commodities that are not
 1548         subject to competitive solicitation requirements by
 1549         virtue of being available only from a single source;
 1550         providing that a contract for commodities or
 1551         contractual services may be awarded without
 1552         competition if the recipient of funds is established
 1553         during the appropriations process; revising provisions
 1554         relating to extension of a contract for commodities or
 1555         contractual services; authorizing an agency to
 1556         negotiate better pricing upon renewal of a contract;
 1557         providing training requirements for contract managers
 1558         responsible for contracts in excess of a specified
 1559         threshold amount; providing contract manager
 1560         certification for contract managers responsible for
 1561         contracts in excess of a specified threshold amount;
 1562         providing that the department is responsible for
 1563         establishing and disseminating the requirements for
 1564         certification of a contract manager; providing that
 1565         training will be conducted jointly by the Department
 1566         of Management Services and the Department of Financial
 1567         Services; providing training guidelines and
 1568         requirements; requiring the department, in
 1569         consultation with the Chief Financial Officer to
 1570         maintain a program for online procurement of
 1571         commodities and contractual services; amending s.
 1572         287.0571, F.S.; revising nonapplicability of a
 1573         business case to outsource; amending s. 287.058, F.S.;
 1574         defining the term “performance measure”; revising
 1575         references within provisions relating to purchase
 1576         orders used in lieu of written agreements for classes
 1577         of contractual services; revising terminology;
 1578         authorizing the Chief Financial Officer to audit
 1579         contracts before execution and providing requirements
 1580         for such audits; creating s. 287.136, F.S.; requiring
 1581         the Chief Financial Officer to perform audits of
 1582         executed contract documents and to discuss such audits
 1583         with the agency officials; requiring the agency head
 1584         to respond to the audit; amending s. 287.076, F.S.;
 1585         providing that Project Management Professionals
 1586         training for personnel involved in managing
 1587         outsourcings and negotiations is subject to annual
 1588         appropriations; amending ss. 16.0155, 283.33, 394.457,
 1589         402.7305, 409.9132, 427.0135, 445.024, 627.311,
 1590         627.351, 765.5155, and 893.055, F.S.; conforming
 1591         cross-references; providing effective dates.