Florida Senate - 2016                                     SB 350
       By Senator Montford
       3-00261-16                                             2016350__
    1                        A bill to be entitled                      
    2         An act relating to online procurement; amending s.
    3         287.012, F.S.; defining the term “online procurement”;
    4         amending s. 1001.42, F.S.; revising the powers and
    5         duties of the district school board to authorize the
    6         adoption of rules regarding procurement practices;
    7         amending s. 1006.27, F.S.; authorizing a district
    8         school board to use online procurement for certain
    9         services and purchases; amending s. 1010.04, F.S.;
   10         authorizing each district school board, Florida
   11         College System board of trustees, and university board
   12         of trustees to make purchases through an online
   13         procurement system; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Present subsections (20) through (29) of section
   18  287.012, Florida Statutes, are redesignated as subsections (21)
   19  through (30), respectively, and a new subsection (20) is added
   20  to that section, to read:
   21         287.012 Definitions.—As used in this part, the term:
   22         (20) “Online procurement” or “electronic procurement” means
   23  a competitive bid process that uses a vendor bid system, an
   24  electronic auction service, or other types of procurement that
   25  use a web-based system developed by a governmental entity or a
   26  third-party software, and that conforms to the procurement
   27  process specified in s. 287.057 or by rules adopted by the State
   28  Board of Education, school districts, or other state agencies.
   29         Section 2. Paragraph (i) of subsection (12) of section
   30  1001.42, Florida Statutes, is amended to read:
   31         1001.42 Powers and duties of district school board.—The
   32  district school board, acting as a board, shall exercise all
   33  powers and perform all duties listed below:
   34         (12) FINANCE.—Take steps to assure students adequate
   35  educational facilities through the financial procedure
   36  authorized in chapters 1010 and 1011 and as prescribed below:
   37         (i) Contracts for materials, supplies, and services.
   38  Contract for materials, supplies, and services needed for the
   39  district school system. No contract for supplying these needs
   40  shall be made with any member of the district school board, with
   41  the district school superintendent, or with any business
   42  organization in which any district school board member or the
   43  district school superintendent has any financial interest
   44  whatsoever. The district school board may adopt rules to
   45  facilitate the efficient and effective procurement of materials,
   46  supplies, and services, including the use of online procurement
   47  as defined in s. 287.012.
   48         Section 3. Subsection (1) of section 1006.27, Florida
   49  Statutes, is amended to read:
   50         1006.27 Pooling of school buses and related purchases by
   51  district school boards; transportation services contracts.—
   52         (1) The department shall assist district school boards in
   53  securing school buses, contractual needs, equipment, and
   54  supplies at as reasonable prices as possible by providing a plan
   55  under which district school boards may voluntarily pool their
   56  bids for such purchases. The department shall prepare bid forms
   57  and specifications, obtain quotations of prices and make such
   58  information available to district school boards in order to
   59  facilitate this service and may use online procurement, as
   60  defined in s. 287.012. District school boards from time to time,
   61  as prescribed by State Board of Education rule, shall furnish
   62  the department with information concerning the prices paid for
   63  such items and the department shall furnish to district school
   64  boards periodic information concerning the lowest prices at
   65  which school buses, equipment, and related supplies are
   66  available based upon comparable specifications.
   67         Section 4. Subsection (2) of section 1010.04, Florida
   68  Statutes, is amended to read:
   69         1010.04 Purchasing.—
   70         (2) Each district school board and Florida College System
   71  institution board of trustees shall adopt rules, and each
   72  university board of trustees shall adopt regulations, to be
   73  followed in making purchases. Purchases may be made through an
   74  online procurement system that includes electronic auction
   75  services or through other efficient procurement tools.
   76         Section 5. This act shall take effect July 1, 2016.