August 07, 2020
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667579
  Amendment
Bill No. 1835
Amendment No. 667579
CHAMBER ACTION
Senate House
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1Representative(s) Kottkamp offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 142 through 270, and insert:
5
6     (3)  The provisions of this act shall not be required to
7apply to:
8     (a)  Procurements of commodities and contractual services:
9     1.  Listed in s. 287.057(5)(e), (f), and (g) and (22).
10     2.  Subject to s. 287.055, F.S.
11     (b)  Contracts in support of the planning, development,
12implementation, operation, or maintenance of the road, bridge,
13and public transportation construction program of the Department
14of Transportation.
15     (4)  Only the provisions of ss. 287.0571?287.0576, 287.058,
16and section 13 of this act shall apply to procurements governed
17by the provisions of HB 1827 or SB 1476, 2005 Regular Session of
18the Legislature, or similar legislation, if adopted in the same
19legislative session or an extension thereof and enacted into
20law.
21     Section 3.  Section 287.0573, Florida Statutes, is created
22to read:
23     287.0573  Definitions.--For the purposes of this act:
24     (1)  "Center" means the Center for Efficient Government.
25     (2)  "Centralized gate process" means the system of review
26phases for a proposed procurement of contractual services, the
27conclusion of each phase being a "gate" or decision point at
28which the commission determines whether the procurement under
29consideration may proceed to the next phase.
30     (3)  "Commission" means the Commission on Efficient
31Government.
32     Section 4.  Section 287.0574, Florida Statutes, is created
33to read:
34     287.0574  Criteria for procurement of contractual
35services.--When compared to the cost and quality of service
36performed by state employees, an agency may procure a
37contractual service currently or previously provided by state
38employees only if, upon full implementation of a procurement,
39it:
40     (1)  Results in reasonable cost savings while maintaining
41at least the same quality of service;
42     (2)  Reasonably increases the quality of service while not
43exceeding the same level of cost; or
44     (3)  Significantly increases measurable outputs and quality
45while minimally increasing costs, at levels and percentages
46proposed by the procuring agency and approved in writing in
47advance of the procurement by the commission.
48     Section 5.  Section 287.0575, Florida Statutes, is created
49to read:
50     287.0575  Commission on Efficient Government; membership;
51duties; Center for Efficient Government; duties.--
52     (1)  The Commission on Efficient Government is created
53within the Department of Management Services to oversee the
54Center for Efficient Government and carry out the
55responsibilities specified in this section.
56     (a)  The commission shall consist of seven members
57appointed by the Governor:
58     1.  Four members shall be heads of executive branch
59agencies.
60     2.  Three members shall be from the private sector and,
61collectively, shall have experience with procurement,
62successfully increasing operational efficiency, and implementing
63complex projects in the private sector business environment. No
64private sector member of the commission may at any time during
65his or her appointment to the commission be registered to lobby
66the executive or legislative branch.
67     (b)  By August 1, 2005, the Governor shall appoint two
68private sector members and two agency heads for terms of 3 years
69and one private sector member and two agency heads for terms of
704 years. Thereafter, each member shall serve for a term of 4
71years. The private sector members shall serve without
72compensation but shall be entitled to reimbursement for per diem
73and travel expenses pursuant to s. 112.061.
74     (c)  No member of the commission shall participate in
75commission review of a procurement when his or her agency is
76conducting the procurement or, in the case of a private sector
77member, he or she has a business relationship with an entity
78that is involved or could potentially be involved in the
79procurement.
80     (d)  The members of the commission may not delegate their
81membership to a designee.
82     (e)  A quorum shall consist of at least four members,
83including at least two private-sector members. At least one
84private-sector member must vote on the prevailing side for
85commission action to take effect.
86     (f)  Any vacancy on the commission shall be filled in the
87same manner as the original appointment, and any member
88appointed to fill a vacancy occurring for a reason other than
89the expiration of a term shall serve only for the unexpired term
90of the member's predecessor.
91     (g)  At the first meeting of the commission after August 1,
922005, the members of the commission shall elect, by majority
93vote of those in attendance, a member to serve as chair of the
94commission. No later than September 1 of each succeeding year,
95the commission shall elect a new chair.
96     (h)  The commission shall:
97     1.  Oversee the Center for Efficient Government.
98     2.  Adopt the centralized gate process.
99     3.  Review, evaluate, grant approval of, withhold approval
100of, or deny approval of a proposed procurement at each gate
101established within the centralized gate process. The commission
102shall adopt rules regarding the procurements that must pass
103through the centralized gate process. Such procurements shall
104include, at a minimum, those subject to the requirements of s.
105287.0576(1).
106     4.  Approve templates and guidelines and adopt rules
107prescribing standards and procedures for use by agencies during
108the procurement process which shall, at a minimum, include the
109requirements under ss. 287.0576-287.0577 for procurements of
110contractual services.
111     5.  Implement a plan for providing information and
112documentation to the Legislature and the Governor on behalf of
113agencies and in compliance with the provisions of this chapter.
114The plan shall include, at a minimum, providing copies of
115documents to be reviewed by the commission to the President of
116the Senate, the Speaker of the House of Representatives, the
117Governor, and the chairs of the relevant appropriations and
118substantive legislative committees at least 14 days prior to the
119meeting of the commission at which the proposed procurement will
120be discussed.
121     6.  Review the performance of procurements which have
122advanced through the full centralized gate process.
123     (2)  The Center for Efficient Government is created in the
124department to establish and promote best business practices so
125that the delivery of services to citizens of the state are
126provided in the most effective and cost-efficient manner
127possible. The secretary of the department shall appoint a
128director of the center. The duties and responsibilities of the
129center are:
130     (a)  Recommending and implementing a centralized gate
131process for reviewing and evaluating, and granting, withholding,
132or denying approval of, agency


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