Florida Senate - 2017                             CS for SB 1540
       By the Committee on Governmental Oversight and Accountability;
       and Senator Brandes
       585-02739-17                                          20171540c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Management
    3         Services; amending s. 255.249, F.S.; revising
    4         requirements for department rules regarding terms and
    5         conditions in lease agreements in which the state is
    6         the lessee; authorizing the department to waive
    7         inclusion of a clause in a lease agreement if certain
    8         conditions are met; providing for construction;
    9         amending s. 287.057, F.S.; creating the Statewide
   10         Procurement Efficiency Task Force within the
   11         department; specifying the purpose and membership of
   12         the task force; providing meeting requirements;
   13         providing for administrative and technical support of
   14         the task force; providing that task force members
   15         shall serve without compensation or reimbursement of
   16         expenses; requiring the task force to submit a report
   17         to the Governor and the Legislature by a certain date;
   18         providing for the termination of the task force;
   19         requiring the department to prepare a plan regarding
   20         the centralized management of state-owned motor
   21         vehicles; requiring the department to submit the plan
   22         to the Governor and the Legislature by a specified
   23         date; prescribing requirements for the plan; requiring
   24         the department to conduct certain evaluations while
   25         developing the plan; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraph (e) of subsection (9) of section
   30  255.249, Florida Statutes, is amended to read:
   31         255.249 Department of Management Services; responsibility;
   32  department rules.—
   33         (9) The department shall adopt rules providing:
   34         (e) Acceptable terms and conditions for inclusion in lease
   35  agreements. At a minimum, the such terms and conditions must
   36  include the statement required by s. 255.2502 and the following
   37  clause clauses, which may not be amended, supplemented, or
   38  waived unless otherwise provided within this paragraph:
   39         1. As provided in s. 255.2502, “The State of Florida’s
   40  performance and obligation to pay under this contract is
   41  contingent upon an annual appropriation by the Legislature.”
   42         2. “The lessee has the right to terminate this lease,
   43  without penalty, if a state-owned building becomes available to
   44  the lessee for occupancy and the lessee has given 6 months’
   45  advance written notice to the lessor by certified mail, return
   46  receipt requested.” The department may waive the inclusion of
   47  the clause required pursuant to this paragraph for a lease
   48  agreement for real property that exceeds 50,000 square feet and
   49  is located within 30 miles of the State Capitol for a lease
   50  period of up to 7 years. The waiver of the clause does not
   51  restrict the department from entering into lease agreements for
   52  the lease of real property for a period exceeding 7 years.
   53         Section 2. The amendment to s. 255.249, Florida Statutes,
   54  made by this act does not impair or restrict the terms and
   55  conditions of a lease agreement entered into by a state agency
   56  in accordance with the requirements of s. 255.249, Florida
   57  Statutes, before July 1, 2017.
   58         Section 3. Subsection (24) is added to section 287.057,
   59  Florida Statutes, to read:
   60         287.057 Procurement of commodities or contractual
   61  services.—
   62         (24)There is created the Statewide Procurement Efficiency
   63  Task Force for the purpose of evaluating the effectiveness and
   64  value of state and local procurement laws and policies to the
   65  taxpayers of this state and determining where inconsistencies in
   66  such laws and policies exist.
   67         (a)The task force shall be composed of the following 11
   68  members:
   69         1.The Secretary of Management Services or his or her
   70  designee, who shall serve as chair of the task force.
   71         2.Six members appointed by the Governor, as follows:
   72         a.One county government official.
   73         b.One municipal government official.
   74         c.One district school board member.
   75         d.Three representatives of the business community.
   76         3.Two members appointed by the Speaker of the House of
   77  Representatives, as follows:
   78         a.A member of the House of Representatives.
   79         b.An attorney who is a member in good standing of The
   80  Florida Bar and has expertise in procurement law.
   81         4.Two members appointed by the President of the Senate, as
   82  follows:
   83         a.A member of the Senate.
   84         b.An attorney who is a member in good standing of The
   85  Florida Bar and has expertise in procurement law.
   86         (b)Task force members must be appointed by July 31, 2017.
   87  By August 31, 2017, the task force shall meet to establish
   88  procedures for the conduct of its business and to elect a vice
   89  chair. The task force shall meet at the call of the chair. A
   90  majority of the members of the task force constitutes a quorum,
   91  and a quorum is necessary for the purpose of voting on any
   92  action or recommendation of the task force. All meetings shall
   93  be held in Tallahassee, unless otherwise decided by the task
   94  force, and then no more than two such meetings may be held in
   95  other locations for the purpose of taking public testimony.
   96  Administrative and technical support shall be provided by the
   97  department. Task force members shall serve without compensation
   98  and are not entitled to reimbursement for per diem or travel
   99  expenses.
  100         (c)The task force must submit a final report to the
  101  Governor, the President of the Senate, and the Speaker of the
  102  House of Representatives by July 1, 2018. Such report must, at a
  103  minimum, include recommendations for consideration by the
  104  Legislature to promote procurement efficiency, streamline
  105  procurement policies, establish best management practices, and
  106  encourage increased use of state term contracts.
  107         (d)The task force is terminated December 31, 2018.
  108         Section 4. Centralized fleet management plan.—
  109         (1) The Department of Management Services shall prepare a
  110  plan regarding the creation, administration, and maintenance of
  111  a centralized fleet of state-owned motor vehicles. By December
  112  1, 2018, the department shall submit the plan to the Governor,
  113  the President of the Senate, and the Speaker of the House of
  114  Representatives.
  115         (2) The plan for centralizing all state-owned motor
  116  vehicles must provide a method for:
  117         (a) Using break-even mileage in the assignment and
  118  administration of motor vehicles to state agencies and employees
  119  to determine when it becomes cost effective for the state to
  120  assign motor vehicles to employees.
  121         (b) Managing a fleet of motor vehicles for short-term use
  122  and shared-use motor vehicle pools.
  123         (c) Developing a motor vehicle replacement plan and budget,
  124  which must take into account operating and maintenance costs of
  125  the centralized fleet.
  126         (d) Purchasing motor vehicles necessary for the operation
  127  of the centralized fleet.
  128         (e) Repairing and maintaining motor vehicles.
  129         (f) Monitoring the use of motor vehicles and enforcing
  130  regulations regarding proper use.
  131         (g) Maintaining records related to the operation and
  132  maintenance of motor vehicles and the administration of the
  133  centralized fleet.
  134         (h) Disposing of motor vehicles that are no longer needed
  135  or the use of which is not cost effective.
  136         (i) Monitoring and managing motor vehicle disposal outcomes
  137  to determine the most cost-efficient method for disposal of
  138  fleet vehicles.
  139         (j) Implementing a fuel management program and a
  140  standardized methodology for reporting fuel data.
  141         (k) Determining when it would be cost-efficient to lease a
  142  motor vehicle from a third-party vendor instead of using a
  143  state-owned motor vehicle.
  144         (l) Determining when it would be cost-efficient to use
  145  alternative fuel vehicles, electric vehicles, or extended-range
  146  electric vehicles or to lease or purchase such vehicles for
  147  fleet use.
  148         (m) Equipping fleet motor vehicles with real-time
  149  locational monitoring systems.
  150         (3) In developing the plan, the department shall evaluate
  151  the costs and benefits of operating and maintaining a
  152  centralized motor vehicle fleet compared to the costs and
  153  benefits of contracting with a third-party vendor for the
  154  operation and maintenance of a centralized motor vehicle fleet.
  155         Section 5. This act shall take effect July 1, 2017.