August 03, 2020
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Bill No. 1835
Amendment No. 484137
Senate House

1Representative(s) Kottkamp offered the following:
3     Substitute Amendment for Amendment (667579) (with title
5Remove lines 142 through 270 and insert:
7     (3)  The provisions of this act shall not be required to
8apply to:
9     (a)  Procurements of commodities and contractual services:
10     1.  Listed in s. 287.057(5)(e), (f), and (g) and (22).
11     2.  Subject to s. 287.055.
12     (b)  Contracts in support of the planning, development,
13implementation, operation, or maintenance of the road, bridge,
14and public transportation construction program of the Department
15of Transportation.
16     (4)  Only the provisions of ss. 287.0571?287.0576, 287.058,
17and section 13 of this act shall apply to procurements governed
18by the provisions of HB 1827 or SB 1476, 2005 Regular Session of
19the Legislature, or similar legislation, if adopted in the same
20legislative session or an extension thereof and enacted into
22     Section 3.  Section 287.0573, Florida Statutes, is created
23to read:
24     287.0573  Definitions.--For the purposes of this act:
25     (1)  "Center" means the Center for Efficient Government.
26     (2)  "Centralized gate process" means the system of review
27phases for a proposed procurement of contractual services, the
28conclusion of each phase being a "gate" or decision point at
29which the commission determines whether the procurement under
30consideration may proceed to the next phase.
31     (3)  "Commission" means the Commission on Efficient
33     Section 4.  Section 287.0574, Florida Statutes, is created
34to read:
35     287.0574  Criteria for procurement of contractual
37     (1)  The agency must include with its final legislative
38budget request the business cases for procurements for
39contractual services that the agency proposes in the fiscal year
40for which the final legislative budget request is submitted, in
41the manner and form prescribed in the legislative budget request
42instructions pursuant to s. 216.023.
43     (2)  When compared to the cost and quality of service
44performed by state employees, an agency may procure a
45contractual service currently or previously provided by state
46employees only if, upon full implementation of a procurement,
48     (a)  Results in reasonable cost savings while maintaining
49at least the same quality of service;
50     (b)  Reasonably increases the quality of service while not
51exceeding the same level of cost; or
52     (c)  Significantly increases measurable outputs and quality
53while minimally increasing costs, at levels and percentages
54proposed by the procuring agency and approved in writing in
55advance of the procurement by the commission. Only projects with
56an annual cost below $10 million in each fiscal year may meet
57this criterion. This paragraph shall expire on July 1, 2006.
58     Section 5.  Section 287.0575, Florida Statutes, is created
59to read:
60     287.0575  Commission on Efficient Government; membership;
61duties; Center for Efficient Government; duties.--
62     (1)  The Commission on Efficient Government is created
63within the Department of Management Services to oversee the
64Center for Efficient Government and carry out the
65responsibilities specified in this section.
66     (a)  The commission shall consist of seven members
67appointed by the Governor:
68     1.  Four members shall be heads of executive branch
70     2.  Three members shall be from the private sector and,
71collectively, shall have experience with procurement,
72successfully increasing operational efficiency, and implementing
73complex projects in the private sector business environment. No
74private sector member of the commission may at any time during
75his or her appointment to the commission be registered to lobby
76the executive or legislative branch.
77     (b)  By August 1, 2005, the Governor shall appoint two
78private sector members and two agency heads for terms of 3 years
79and one private sector member and two agency heads for terms of
804 years. Thereafter, each member shall serve for a term of 4
81years. The private sector members shall serve without
82compensation but shall be entitled to reimbursement for per diem
83and travel expenses pursuant to s. 112.061.
84     (c)  No member of the commission shall participate in
85commission review of a procurement when his or her agency is
86conducting the procurement or, in the case of a private sector
87member, he or she has a business relationship with an entity
88that is involved or could potentially be involved in the
90     (d)  The members of the commission may not delegate their
91membership to a designee.
92     (e)  A quorum shall consist of at least four members,
93including at least two private-sector members. At least one
94private-sector member must vote on the prevailing side for
95commission action to take effect.
96     (f)  Any vacancy on the commission shall be filled in the
97same manner as the original appointment, and any member
98appointed to fill a vacancy occurring for a reason other than
99the expiration of a term shall serve only for the unexpired term
100of the member's predecessor.
101     (g)  At the first meeting of the commission after August 1,
1022005, the members of the commission shall elect, by majority
103vote of those in attendance, a member to serve as chair of the
104commission. No later than September 1 of each succeeding year,
105the commission shall elect a new chair.
106     (h)  The commission shall:
107     1.  Oversee the Center for Efficient Government.
108     2.  Adopt the centralized gate process.
109     3.  Review, evaluate, grant approval of, withhold approval
110of, or deny approval of a proposed procurement at each gate
111established within the centralized gate process. The commission
112shall adopt rules regarding the procurements that must pass
113through the centralized gate process. Such procurements shall
114include, at a minimum, those subject to the requirements of s.
116     4.  Approve templates and guidelines and adopt rules
117prescribing standards and procedures for use by agencies during
118the procurement process which shall, at a minimum, include the
119requirements under ss. 287.0576-287.0577 for procurements of
120contractual services.
121     5.  Implement a plan for providing information and
122documentation to the Legislature and the Governor on behalf of
123agencies and in compliance with the provisions of this chapter.
124The plan shall include, at a minimum, providing copies of
125documents to be reviewed by the commission to the President of
126the Senate, the Speaker of the House of Representatives, the
127Governor, and the chairs of the relevant appropriations and
128substantive legislative committees at least 14 days prior to the
129meeting of the commission at which the proposed procurement will
130be discussed.
131     6.  Review the performance of procurements which have
132advanced through the full centralized gate process.
133     (2)  The Center for Efficient Government is created in the
134department to establish and promote best business practices so
135that the delivery of services to citizens of the state are
136provided in the most effective and cost-efficient manner
137possible. The secretary of the department shall appoint a
138director of the center. The duties and responsibilities of the
139center are:
140     (a)  Recommending and implementing a centralized gate
141process for reviewing and evaluating, and granting, withholding,
142or denying approval of, agency
146================ T I T L E  A M E N D M E N T =============
147     Remove line 16 and insert:
149procurement of contractual services by an agency;
150requiring an agency to include with its final legislative
151budget request the business cases for specified
152procurements; creating

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