July 12, 2020
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Bill No. 2994
Amendment No. 229115
Senate House

1Representative Negron offered the following:
3     Amendment (with title amendment)
4     On page 114, between lines 22 and 23,
7     Section 103.  Section 215.3215, Florida Statutes, is
8created to read:
9     215.3215  Charges by agencies or contractors.--Specific
10statutory authority authorizing the maximum amount of a fee,
11tax, or other charge shall be required for an agency, as defined
12in s. 287.012(1), or a contractor with such agency to levy or
13impose upon a person who is not a party to the contract a fee,
14tax, or other charge which funds the contract or provides
15payment to the contractor, regardless of whether the levy or
16imposition is direct or indirect or is mandatory or optional.
17     Section 104.  Subsections (17) and (23) of section 287.057,
18Florida Statutes, are amended, and a new subsection (25) is
19added to said section, to read:
20     287.057  Procurement of commodities or contractual
22     (17)  For a contract in excess of the threshold amount
23provided in s. 287.017 for CATEGORY FOUR, the agency head shall
25     (a)  At least three persons to evaluate proposals and
26replies who collectively have experience and knowledge in the
27program areas and service requirements for which commodities or
28contractual services are sought.
29     (b)  At least three persons to conduct negotiations during
30a competitive sealed reply procurement who collectively have
31experience and knowledge in negotiating contracts, contract
32procurement, and the program areas and service requirements for
33which commodities or contractual services are sought. As of
34January 1, 2005, when the contract is in excess of $1 million,
35at least one of the persons conducting negotiations must be a
36certified negotiator as established by the department. The
37department shall, by rule, establish the experience, knowledge,
38and training required to be a certified negotiator.
39     (23)(a)  The department, in consultation with the Chief
40Financial Officer State Technology Office and the Comptroller,
41shall develop a program for on-line procurement of commodities
42and contractual services. To enable the state to promote open
43competition and to leverage its buying power, agencies shall
44participate in the on-line procurement program, and eligible
45users and cabinet agencies may participate in the program. Only
46vendors prequalified as meeting mandatory requirements and
47qualifications criteria shall be permitted to participate in on-
48line procurement. The department, in consultation with the State
49Technology Office, may contract for equipment and services
50necessary to develop and implement on-line procurement.
51     (b)  The department, in consultation with the State
52Technology Office, shall adopt rules, pursuant to ss. 120.536(1)
53and 120.54, to administer the program for on-line procurement.
54The rules shall include, but not be limited to:
55     1.  Determining the requirements and qualification criteria
56for prequalifying vendors.
57     2.  Establishing the procedures for conducting on-line
59     3.  Establishing the criteria for eligible commodities and
60contractual services.
61     4.  Establishing the procedures for providing access to on-
62line procurement.
63     5.  Determining the criteria warranting any exceptions to
64participation in the on-line procurement program.
65     (c)  The department may collect fees for the use of the on-
66line procurement program systems. Purchase of commodities and
67contractual services from vendors that are registered with the
68on-line procurement program may be considered use of the
69program. The fees may be imposed on an individual transaction
70basis or as a fixed percentage of the cost savings generated. At
71a minimum, the fees must be set in an amount sufficient to cover
72the projected costs of such services, including administrative
73and project service costs in accordance with the policies of the
74department; however, fees imposed on an individual transaction
75basis may not exceed 1 percent of the transaction amount. For
76the purposes of compensating the provider, the department may
77authorize the provider to collect and retain a portion of the
78fees. The providers may withhold the portion retained from the
79amount of fees to be remitted to the department. The department
80may negotiate the retainage as a percentage of such fees charged
81to users, as a flat amount, or as any other method the
82department deems feasible. All fees and surcharges collected
83under this paragraph shall be collected by the department and
84deposited in the Grants and Donation Trust Fund as provided by
86     (25)(a)  Legal authority is required for contractual
87services procurements with a cost greater than $10 million over
88the contract term which shift functions or responsibilities from
89agency staff to the private sector where the agency remains
90accountable while the private sector entity performs the
91function or responsibility. At least 60 days prior to the
92Legislative session, if the agency seeks authority by law to
93procure such contractual services, or 30 days prior to issuing a
94solicitation, if the agency has legal authority to procure such
95contractual services, upon issuance of a solicitation, and upon
96execution of a contract, the agency shall provide to the
97President of the Senate and the Speaker of the House of
98Representatives current cost-benefit analyses, business case
99analyses, plans for contract management, proposed performance
100contracting procedures, detailed service comparisons, and
101information about impacts to approved performance standards
102regarding the proposed procurement. The contract for such
103procurement shall include at a minimum a detailed scope of work
104specifying services and deliverables; specific payment terms,
105including incentive and penalty provisions; implementation
106schedules; required performance measures; provisions for the
107transfer of the function or responsibility if the contractor
108ceases to perform; and requirements for access to public records
109consistent with law. The Chief Financial Officer shall
110promulgate guidelines regarding the content of contract
111documents for such procurements. The department shall maintain a
112database containing, for procurements subject to this
113subsection, the agency name, the name and description of the
114contractual service procured, and the names of the prime
115contractor and any subcontractors; projected and actual
116completion dates by project phase; a description of performance
117measures contained in the contract, projected performance, and
118actual performance; and projected costs and revenues, as
119applicable, and actual costs and revenues.  
120     (b)  This subsection shall not apply to any procurement for
121which a contract was executed prior to July 1, 1994, for
122contractual services substantially similar in nature and purpose
123to those to be procured in the proposed contract.
124     Section 105.  Effective October 1, 2004, there is hereby
125appropriated from the Grants and Donation Trust Fund in the
126Department of Management Services $5,000,000 in the Special
127Categories-Contractual Services for the purpose of transferring
128funds to the on-line procurement program contractor, in
129accordance with section 287.057, Florida Statutes.
130     Section 106.  The amendment to section 287.057(23)(c),
131Florida Statutes, which removes authority for the provider to
132collect and retain fees and requires the department to collect
133the fees, shall take effect October 1, 2004.     
136================= T I T L E  A M E N D M E N T =================
137     On page 8, line 15, remove all of said line,
139and insert:  
141creating s. 215.3215; authorizing agencies or contractors
142to levy or impose on certain noncontract parties certain
143fees, taxes, or charges only if authorized by law;  
144amending s. 287.057, F.S.; requiring certified negotiators
145for certain procurements; revising provisions relating to
146on-line procurement programs; prohibiting agencies from
147procuring certain contractual services except as provided
148by law; requiring agencies to provide information to the
149Legislature regarding such procurements; requiring certain
150contract provisions for such procurements; requiring the
151Chief Financial Officer to promulgate guidelines;
152requiring the department to establish a database;
153providing exceptions; providing an appropriation; amending
154s. 658.73, F.S.; delineating which

CODING: Words stricken are deletions; words underlined are additions.
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