January 27, 2020
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690893
  Amendment
Bill No. 1835
Amendment No. 690893
CHAMBER ACTION
Senate House
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1Representative(s) Kottkamp offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 659 through 755, and insert:
5
6Executive Office of the Governor for approval and notifying the
7chairs of the legislative appropriations committees of such
8submission if the effect of the amendment would be to:
9     (a)  Increase the value of the contract by $1 million or
10more for those contracts with a total value of at least $1
11million but less than $10 million; or
12     (b)  Increase the value of the contract by 10 percent or
13more for those contracts with a total value of $10 million or
14more.
15
16An agency shall not divide a contract amendment so as to avoid
17the requirements of this section.
18     (5)  In addition to the requirements of subsections
19287.057(13) and (14), prior to the renewal or extension of a
20contract, an agency shall document whether all specific direct
21and indirect costs, savings, performance standards, and
22qualitative and quantitative benefits identified in the contract
23have been met by the contractor and the agency. If the actual
24performance of the contractor does not meet the required
25performance as identified in the contract, the agency shall
26explain the reasons why and provide justification for the
27extensions or renewal of the contract. This documentation shall
28be included in the official contract file.
29     Section 8.  Section 287.0578, Florida Statutes, is created
30to read:
31     287.0578  Subsequent inconsistent laws.--Subsequent
32inconsistent laws shall supersede this act only to the extent
33they do so by express reference to this section.
34     Section 9.  Paragraph (b) of subsection (17) of section
35287.057, Florida Statutes, is amended to read:
36     287.057  Procurement of commodities or contractual
37services.--
38     (17)  For a contract in excess of the threshold amount
39provided in s. 287.017 for CATEGORY FOUR, the agency head shall
40appoint:
41     (b)  At least three persons to conduct negotiations during
42a competitive sealed reply procurement who collectively have
43experience and knowledge in negotiating contracts, contract
44procurement, and the program areas and service requirements for
45which commodities or contractual services are sought. When the
46annual value of a contract is in excess of $1 million, at least
47one of the persons conducting negotiations must be certified as
48a contract negotiator based upon rules adopted by the Department
49of Management Services.
50     Section 10.  Section 215.4211, Florida Statutes, is created
51to read:
52     215.4211  Review of contracts for state agencies.--The
53Chief Financial Officer may request, as he or she deems
54necessary, the option to review and provide comments prior to
55the execution of any contract that is required to be in
56compliance with the provisions of s. 287.0577(3).
57     Section 11.  Section 216.1817, Florida Statutes, is created
58to read:
59     216.1817  Limitation on budgetary changes for contractual
60services procurement; placement of positions in reserve; re-
61establishment of positions.--Notwithstanding s. 216.351:
62     (1)  Any budgetary changes for a contractual services
63procurement that are inconsistent with the agency's approved
64budget may not be made to existing programs unless such changes
65are recommended to the Legislative Budget Commission by the
66Governor, and the Legislative Budget Commission expressly
67approves such program changes.
68     (2)  If a procurement of contractual services involves the
69performance of functions or responsibilities that are being
70shifted from state employees to a contractor, the agency shall
71identify within the business case prepared pursuant to s.
72287.0577 all resources which are affected, including full-time
73equivalent positions. All full-time equivalent positions
74identified in the business case shall be placed in reserve by
75the Executive Office of the Governor until the end of the second
76year of the contract.  However, in the business case, the agency
77may account for any savings from the full-time equivalent
78positions identified and held in reserve.  Notwithstanding the
79provisions of s. 216.262, the Executive Office of the Governor
80shall request authority from the Legislative Budget Commission
81to reestablish full-time equivalent positions above the number
82fixed by the Legislature if a contract is terminated and the
83performance of the functions or responsibilities must be
84returned to the agency.
85     Section 12.  Section 287.074, Florida Statutes, is created
86to read:
87     287.074  Actions reserved to public officers or
88employees.--
89     (1)  Only a public officer or a public employee upon whom
90the public officer has delegated authority shall, consistent
91with law, take actions including, but not limited to:
92     (a)  Selecting state officers or employees;
93     (b)  Approving position descriptions, performance
94standards, or salary adjustments for state employees; and
95     (c)  Hiring, promoting, disciplining, demoting, and
96dismissing a state employee.
97     (2)  Only a public officer shall, consistent with law,
98commission and appoint state officers.
99     Section 13.  A contractor, as defined in chapter 287,
100Florida Statutes, or its employees, agents, or subcontractors,
101may not knowingly participate, through decision, approval,
102disapproval, preparation of any part of a purchase request,
103investigation, or auditing, in the procurement of contractual
104services by an agency from an entity in which the contractor, or
105its employees, agents, or subcontractors has a material
106interest.
107
108================ T I T L E  A M E N D M E N T =============
109     Remove lines 63 through 79, and insert:
110
111for approval; requiring notification of such submission to
112the chairs of the legislative appropriations committees;
113prohibiting the division of a contract amendment to avoid
114specified requirements; requiring documentation of
115contractor performance prior to renewal or extension of a
116contract; creating s. 287.0578, F.S.; providing for
117conditional supersession of the act; amending s. 287.057,
118F.S.; providing a requirement with respect to the
119composition of persons chosen to conduct negotiations
120during a specified competitive sealed reply procurement;
121creating s. 215.4211, F.S.; authorizing the Chief
122Financial Officer to review contracts for state agencies;
123creating s. 216.1817, F.S.; permitting budgetary changes
124for a contractual services procurement only under
125specified conditions; requiring the placement of full-time
126equivalent positions in reserve under certain conditions;
127providing for the reestablishment of full-time equivalent
128positions upon termination of a contract and reversion of
129functions and responsibilities to the agency; creating s.
130287.074, F.S.; providing


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