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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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.