Florida Senate - 2025 SB 1694 By Senator Fine 19-00869-25 20251694__ 1 A bill to be entitled 2 An act relating to prohibited preferences in 3 government contracting; amending s. 287.05701, F.S.; 4 prohibiting an awarding body from giving preference to 5 a vendor on the basis of race or ethnicity; conforming 6 a provision to changes made by the act; amending s. 7 17.11, F.S.; revising reporting requirements for the 8 Chief Financial Officer to conform to changes made by 9 the act; repealing s. 24.113, F.S., relating to 10 minority participation for lottery retailers; 11 repealing s. 255.101, F.S., relating to utilization of 12 minority business enterprises in contracts for public 13 construction works; repealing s. 255.102, F.S., 14 relating to contractor utilization of minority 15 business enterprises; amending s. 255.20, F.S.; 16 revising the factors that a local government may 17 consider in awarding certain bids and contracts for 18 public construction works; amending s. 287.012, F.S.; 19 deleting definitions to conform to changes made by the 20 act; amending s. 287.042, F.S.; deleting duties and 21 responsibilities of the Office of Supplier Diversity 22 to conform to its repeal by the act; amending s. 23 287.055, F.S.; revising factors that an agency is 24 required to consider when acquiring professional 25 architectural, engineering, landscape architectural, 26 or surveying and mapping services; amending s. 27 287.057, F.S.; deleting requirements that an agency 28 reserve certain contracts for certified minority 29 business enterprises; revising qualifications for 30 certain contract managers; conforming provisions to 31 changes made by the act; amending s. 287.059, F.S.; 32 revising the factors that an agency is encouraged to 33 consider when selecting outside firms for attorney 34 services; repealing s. 287.093, F.S., relating to the 35 procurement of personal property and services from 36 funds set aside for minority business enterprises; 37 repealing s. 287.0931, F.S., relating to participation 38 in bond underwriting by minority business enterprises; 39 repealing s. 287.094, F.S., relating to penalties for 40 discrimination and false representation in minority 41 business enterprise programs; repealing s. 287.0943, 42 F.S., relating to the certification of minority 43 business enterprises; repealing s. 287.09431, F.S., 44 relating to statewide and interlocal agreements on 45 certification of business concerns for the status of 46 minority business enterprise; repealing s. 287.09451, 47 F.S., relating to the Office of Supplier Diversity; 48 repealing s. 287.0947, F.S., relating to the Florida 49 Advisory Council on Small and Minority Business 50 Development; repealing s. 288.1167, F.S., relating to 51 sports franchise contract provisions for food and 52 beverage concession and contract awards to minority 53 business enterprises; amending s. 288.703, F.S.; 54 deleting and revising definitions to conform to 55 changes made by the act; amending s. 288.7031, F.S.; 56 conforming a provision to changes made by the act; 57 repealing s. 288.706, F.S., relating to the Florida 58 Minority Business Loan Mobilization Program; amending 59 s. 348.754, F.S.; revising the types of businesses 60 that the Central Florida Expressway Authority 61 encourage inclusion in procurement and contracting; 62 amending s. 373.1135, F.S.; revising the goals of 63 small business programs implemented by water 64 management districts; repealing s. 373.607, F.S., 65 relating to minority business enterprise procurement 66 goals by water management districts; amending s. 67 376.84, F.S.; revising economic incentives available 68 for brownfield redevelopment; amending s. 1001.706, 69 F.S.; deleting certain requirements that the Board of 70 Governors of the State University System must take 71 regarding utilization of minority business 72 enterprises; amending s. 1013.46, F.S.; deleting a 73 provision authorizing a set-aside for minority 74 business enterprises for the award of certain 75 contracts; amending ss. 43.16, 110.116, 212.096, 76 215.971, 282.201, 282.709, 286.101, 287.0571, 77 288.0001, 295.187, 320.63, 376.3072, 394.47865, 78 402.7305, 408.045, 473.3065, 570.07, and 627.351, 79 F.S.; conforming provisions and cross-references to 80 changes made by the act; providing effective dates. 81 82 Be It Enacted by the Legislature of the State of Florida: 83 84 Section 1.Section 287.05701, Florida Statutes, is amended 85 to read: 86 287.05701Prohibition against considering social, 87 political, or ideological, racial, or ethnic interests in 88 government contracting. 89 (1)As used in this section, the term awarding body 90 means: 91 (a)For state contracts, an agency or the department. 92 (b)For local government contracts, the governing body of a 93 county, a municipality, a special district, or any other 94 political subdivision of the state. 95 (2)(a)An awarding body may not request documentation of or 96 consider a vendors social, political, or ideological interests 97 when determining if the vendor is a responsible vendor. 98 (b)An awarding body may not give preference to a vendor 99 based on the vendors social, political, or ideological 100 interests. 101 (c)An awarding body may not give preference to a vendor on 102 the basis of the race or ethnicity of the vendor or an owner or 103 associate thereof and may not allow a vendor to award 104 subcontracts on such a basis. 105 (3)Beginning July 1, 2025 2023, any solicitation for the 106 procurement of commodities or contractual services by an 107 awarding body must include a provision notifying vendors of the 108 provisions of this section. 109 Section 2.Subsection (2) of section 17.11, Florida 110 Statutes, is amended to read: 111 17.11To report disbursements made. 112 (2)The Chief Financial Officer shall also cause to have 113 reported from the Florida Accounting Information Resource 114 Subsystem no less than quarterly the disbursements which 115 agencies made to small businesses, as defined in s. 288.703 the 116 Florida Small and Minority Business Assistance Act; to certified 117 minority business enterprises in the aggregate; and to certified 118 minority business enterprises broken down into categories of 119 minority persons, as well as gender and nationality subgroups. 120 This information must shall be made available to the agencies, 121 the Office of Supplier Diversity, the Governor, the President of 122 the Senate, and the Speaker of the House of Representatives. 123 Each agency shall be responsible for the accuracy of information 124 entered into the Florida Accounting Information Resource 125 Subsystem for use in this reporting. 126 Section 3.Section 24.113, Florida Statutes, is repealed. 127 Section 4.Section 255.101, Florida Statutes, is repealed. 128 Section 5.Section 255.102, Florida Statutes, is repealed. 129 Section 6.Paragraph (c) of subsection (1) of section 130 255.20, Florida Statutes, is amended to read: 131 255.20Local bids and contracts for public construction 132 works; specification of state-produced lumber. 133 (1)A county, municipality, special district as defined in 134 chapter 189, or other political subdivision of the state seeking 135 to construct or improve a public building, structure, or other 136 public construction works must competitively award to an 137 appropriately licensed contractor each project that is estimated 138 to cost more than $300,000. For electrical work, the local 139 government must competitively award to an appropriately licensed 140 contractor each project that is estimated to cost more than 141 $75,000. As used in this section, the term competitively award 142 means to award contracts based on the submission of sealed bids, 143 proposals submitted in response to a request for proposal, 144 proposals submitted in response to a request for qualifications, 145 or proposals submitted for competitive negotiation. This 146 subsection expressly allows contracts for construction 147 management services, design/build contracts, continuation 148 contracts based on unit prices, and any other contract 149 arrangement with a private sector contractor permitted by any 150 applicable municipal or county ordinance, by district 151 resolution, or by state law. For purposes of this section, cost 152 includes employee compensation and benefits, except inmate 153 labor, the cost of equipment and maintenance, insurance costs, 154 and the cost of direct materials to be used in the construction 155 of the project, including materials purchased by the local 156 government, and other direct costs, plus a factor of 20 percent 157 for management, overhead, and other indirect costs. Subject to 158 the provisions of subsection (3), the county, municipality, 159 special district, or other political subdivision may establish, 160 by municipal or county ordinance or special district resolution, 161 procedures for conducting the bidding process. 162 (c)The provisions of this subsection do not apply: 163 1.If the project is undertaken to replace, reconstruct, or 164 repair an existing public building, structure, or other public 165 construction works damaged or destroyed by a sudden unexpected 166 turn of events such as an act of God, riot, fire, flood, 167 accident, or other urgent circumstances, and such damage or 168 destruction creates: 169 a.An immediate danger to the public health or safety; 170 b.Other loss to public or private property which requires 171 emergency government action; or 172 c.An interruption of an essential governmental service. 173 2.If, after notice by publication in accordance with the 174 applicable ordinance or resolution, the governmental entity does 175 not receive any responsive bids or proposals. 176 3.To construction, remodeling, repair, or improvement to a 177 public electric or gas utility system if such work on the public 178 utility system is performed by personnel of the system. 179 4.To construction, remodeling, repair, or improvement by a 180 utility commission whose major contracts are to construct and 181 operate a public electric utility system. 182 5.If the project is undertaken as repair or maintenance of 183 an existing public facility. For the purposes of this paragraph, 184 the term repair means a corrective action to restore an 185 existing public facility to a safe and functional condition and 186 the term maintenance means a preventive or corrective action 187 to maintain an existing public facility in an operational state 188 or to preserve the facility from failure or decline. Repair or 189 maintenance includes activities that are necessarily incidental 190 to repairing or maintaining the facility. Repair or maintenance 191 does not include the construction of any new building, 192 structure, or other public construction works or any substantial 193 addition, extension, or upgrade to an existing public facility. 194 Such additions, extensions, or upgrades shall be considered 195 substantial if the estimated cost of the additions, extensions, 196 or upgrades included as part of the repair or maintenance 197 project exceeds the threshold amount in subsection (1) and 198 exceeds 20 percent of the estimated total cost of the repair or 199 maintenance project fully accounting for all costs associated 200 with performing and completing the work, including employee 201 compensation and benefits, equipment cost and maintenance, 202 insurance costs, and the cost of direct materials to be used in 203 the construction of the project, including materials purchased 204 by the local government, and other direct costs, plus a factor 205 of 20 percent for management, overhead, and other indirect 206 costs. An addition, extension, or upgrade may shall not be 207 considered substantial if it is undertaken pursuant to the 208 conditions specified in subparagraph 1. Repair and maintenance 209 projects and any related additions, extensions, or upgrades may 210 not be divided into multiple projects for the purpose of evading 211 the requirements of this subparagraph. 212 6.If the project is undertaken exclusively as part of a 213 public educational program. 214 7.If the funding source of the project will be diminished 215 or lost because the time required to competitively award the 216 project after the funds become available exceeds the time within 217 which the funding source must be spent. 218 8.If the local government competitively awarded a project 219 to a private sector contractor and the contractor abandoned the 220 project before completion or the local government terminated the 221 contract. 222 9.If the governing board of the local government complies 223 with all of the requirements of this subparagraph, conducts a 224 public meeting under s. 286.011 after public notice, and finds 225 by majority vote of the governing board that it is in the 226 publics best interest to perform the project using its own 227 services, employees, and equipment. The public notice must be 228 published at least 21 days before the date of the public meeting 229 at which the governing board takes final action. The notice must 230 identify the project, the components and scope of the work, and 231 the estimated cost of the project fully accounting for all costs 232 associated with performing and completing the work, including 233 employee compensation and benefits, equipment cost and 234 maintenance, insurance costs, and the cost of direct materials 235 to be used in the construction of the project, including 236 materials purchased by the local government, and other direct 237 costs, plus a factor of 20 percent for management, overhead, and 238 other indirect costs. The notice must specify that the purpose 239 for the public meeting is to consider whether it is in the 240 publics best interest to perform the project using the local 241 governments own services, employees, and equipment. Upon 242 publication of the public notice and for 21 days thereafter, the 243 local government shall make available for public inspection, 244 during normal business hours and at a location specified in the 245 public notice, a detailed itemization of each component of the 246 estimated cost of the project and documentation explaining the 247 methodology used to arrive at the estimated cost. At the public 248 meeting, any qualified contractor or vendor who could have been 249 awarded the project had the project been competitively bid shall 250 be provided with a reasonable opportunity to present evidence to 251 the governing board regarding the project and the accuracy of 252 the local governments estimated cost of the project. In 253 deciding whether it is in the publics best interest for the 254 local government to perform a project using its own services, 255 employees, and equipment, the governing board must consider the 256 estimated cost of the project fully accounting for all costs 257 associated with performing and completing the work, including 258 employee compensation and benefits, equipment cost and 259 maintenance, insurance costs, and the cost of direct materials 260 to be used in the construction of the project, including 261 materials purchased by the local government, and other direct 262 costs, plus a factor of 20 percent for management, overhead, and 263 other indirect costs, and the accuracy of the estimated cost in 264 light of any other information that may be presented at the 265 public meeting and whether the project requires an increase in 266 the number of government employees or an increase in capital 267 expenditures for public facilities, equipment, or other capital 268 assets. The local government may further consider the impact on 269 local economic development, the impact on small and minority 270 business owners, the impact on state and local tax revenues, 271 whether the private sector contractors provide health insurance 272 and other benefits equivalent to those provided by the local 273 government, and any other factor relevant to what is in the 274 publics best interest. A report summarizing completed projects 275 constructed by the local government pursuant to this subsection 276 shall be publicly reviewed each year by the governing body of 277 the local government. The report shall detail the estimated 278 costs and the actual costs of the projects constructed by the 279 local government pursuant to this subsection. The report shall 280 be made available for review by the public. The Auditor General 281 shall review the report as part of his or her audits of local 282 governments. 283 10.If the governing board of the local government 284 determines upon consideration of specific substantive criteria 285 that it is in the best interest of the local government to award 286 the project to an appropriately licensed private sector 287 contractor pursuant to administrative procedures established by 288 and expressly set forth in a charter, ordinance, or resolution 289 of the local government adopted before July 1, 1994. The 290 criteria and procedures must be set out in the charter, 291 ordinance, or resolution and must be applied uniformly by the 292 local government to avoid awarding a project in an arbitrary or 293 capricious manner. This exception applies only if all of the 294 following occur: 295 a.The governing board of the local government, after 296 public notice, conducts a public meeting under s. 286.011 and 297 finds by a two-thirds vote of the governing board that it is in 298 the publics best interest to award the project according to the 299 criteria and procedures established by charter, ordinance, or 300 resolution. The public notice must be published at least 14 days 301 before the date of the public meeting at which the governing 302 board takes final action. The notice must identify the project, 303 the estimated cost of the project, and specify that the purpose 304 for the public meeting is to consider whether it is in the 305 publics best interest to award the project using the criteria 306 and procedures permitted by the preexisting charter, ordinance, 307 or resolution. 308 b.The project is to be awarded by any method other than a 309 competitive selection process, and the governing board finds 310 evidence that: 311 (I)There is one appropriately licensed contractor who is 312 uniquely qualified to undertake the project because that 313 contractor is currently under contract to perform work that is 314 affiliated with the project; or 315 (II)The time to competitively award the project will 316 jeopardize the funding for the project, materially increase the 317 cost of the project, or create an undue hardship on the public 318 health, safety, or welfare. 319 c.The project is to be awarded by any method other than a 320 competitive selection process, and the published notice clearly 321 specifies the ordinance or resolution by which the private 322 sector contractor will be selected and the criteria to be 323 considered. 324 d.The project is to be awarded by a method other than a 325 competitive selection process, and the architect or engineer of 326 record has provided a written recommendation that the project be 327 awarded to the private sector contractor without competitive 328 selection, and the consideration by, and the justification of, 329 the government body are documented, in writing, in the project 330 file and are presented to the governing board prior to the 331 approval required in this paragraph. 332 11.To projects subject to chapter 336. 333 Section 7.Subsections (18) and (19) of section 287.012, 334 Florida Statutes, are amended to read: 335 287.012Definitions.As used in this part, the term: 336 (18)Minority business enterprise has the same meaning as 337 provided in s. 288.703. 338 (19)Office means the Office of Supplier Diversity of the 339 Department of Management Services. 340 Section 8.Paragraphs (a) and (c) of subsection (2) and 341 paragraphs (b) and (c) of subsection (3) of section 287.042, 342 Florida Statutes, are amended to read: 343 287.042Powers, duties, and functions.The department shall 344 have the following powers, duties, and functions: 345 (2)(a)To establish purchasing agreements and procure state 346 term contracts for commodities and contractual services, 347 pursuant to s. 287.057, under which state agencies shall, and 348 eligible users may, make purchases pursuant to s. 287.056. The 349 department may restrict purchases from some term contracts to 350 state agencies only for those term contracts where the inclusion 351 of other governmental entities will have an adverse effect on 352 competition or to those federal facilities located in this 353 state. In such planning or purchasing the Office of Supplier 354 Diversity may monitor to ensure that opportunities are afforded 355 for contracting with minority business enterprises. The 356 department, for state term contracts, and all agencies, for 357 multiyear contractual services or term contracts, shall explore 358 reasonable and economical means to utilize certified minority 359 business enterprises. Purchases by any county, municipality, 360 private nonprofit community transportation coordinator 361 designated pursuant to chapter 427, while conducting business 362 related solely to the Commission for the Transportation 363 Disadvantaged, or other local public agency under the provisions 364 in the state purchasing contracts, and purchases, from the 365 corporation operating the correctional work programs, of 366 products or services that are subject to paragraph (1)(f), are 367 exempt from the competitive solicitation requirements otherwise 368 applying to their purchases. 369 (c)Any person who files an action protesting a decision or 370 intended decision pertaining to contracts administered by the 371 department, a water management district, or an agency pursuant 372 to s. 120.57(3)(b) shall post with the department, the water 373 management district, or the agency at the time of filing the 374 formal written protest a bond payable to the department, the 375 water management district, or agency in an amount equal to 1 376 percent of the estimated contract amount. For protests of 377 decisions or intended decisions pertaining to exceptional 378 purchases, the bond shall be in an amount equal to 1 percent of 379 the estimated contract amount for the exceptional purchase. The 380 estimated contract amount shall be based upon the contract price 381 submitted by the protestor or, if no contract price was 382 submitted, the department, water management district, or agency 383 shall estimate the contract amount based on factors including, 384 but not limited to, the price of previous or existing contracts 385 for similar commodities or contractual services, the amount 386 appropriated by the Legislature for the contract, or the fair 387 market value of similar commodities or contractual services. The 388 agency shall provide the estimated contract amount to the vendor 389 within 72 hours, excluding Saturdays, Sundays, and state 390 holidays, after the filing of the notice of protest by the 391 vendor. The estimated contract amount is not subject to protest 392 pursuant to s. 120.57(3). The bond shall be conditioned upon the 393 payment of all costs and charges that are adjudged against the 394 protestor in the administrative hearing in which the action is 395 brought and in any subsequent appellate court proceeding. In 396 lieu of a bond, the department, the water management district, 397 or agency may, in either case, accept a cashiers check, 398 official bank check, or money order in the amount of the bond. 399 If, after completion of the administrative hearing process and 400 any appellate court proceedings, the department, water 401 management district, or agency prevails, it shall recover all 402 costs and charges which shall be included in the final order or 403 judgment, excluding attorneys fees. This section shall not 404 apply to protests filed by the Office of Supplier Diversity. 405 Upon payment of such costs and charges by the protestor, the 406 bond, cashiers check, official bank check, or money order shall 407 be returned to the protestor. If, after the completion of the 408 administrative hearing process and any appellate court 409 proceedings, the protestor prevails, the protestor shall recover 410 from the department, water management district, or agency all 411 costs and charges which shall be included in the final order or 412 judgment, excluding attorneys fees. 413 (3)To establish a system of coordinated, uniform 414 procurement policies, procedures, and practices to be used by 415 agencies in acquiring commodities and contractual services, 416 which shall include, but not be limited to: 417 (b)1.Development of procedures for advertising 418 solicitations. These procedures must provide for electronic 419 posting of solicitations for at least 10 days before the date 420 set for receipt of bids, proposals, or replies, unless the 421 department or other agency determines in writing that a shorter 422 period of time is necessary to avoid harming the interests of 423 the state. The Office of Supplier Diversity may consult with the 424 department regarding the development of solicitation 425 distribution procedures to ensure that maximum distribution is 426 afforded to certified minority business enterprises as defined 427 in s. 288.703. 428 2.Development of procedures for electronic posting. The 429 department shall designate a centralized website on the Internet 430 for the department and other agencies to electronically post 431 solicitations, decisions or intended decisions, and other 432 matters relating to procurement. 433 (c)Development of procedures for the receipt and opening 434 of bids, proposals, or replies by an agency. Such procedures 435 shall provide the Office of Supplier Diversity an opportunity to 436 monitor and ensure that the contract award is consistent with 437 the requirements of s. 287.09451. 438 Section 9.Paragraph (d) of subsection (3) and paragraph 439 (b) of subsection (4) of section 287.055, Florida Statutes, are 440 amended to read: 441 287.055Acquisition of professional architectural, 442 engineering, landscape architectural, or surveying and mapping 443 services; definitions; procedures; contingent fees prohibited; 444 penalties. 445 (3)PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES. 446 (d)Each agency shall evaluate professional services, 447 including capabilities, adequacy of personnel, past record, 448 experience, whether the firm is a certified minority business 449 enterprise as defined by the Florida Small and Minority Business 450 Assistance Act, and other factors determined by the agency to be 451 applicable to its particular requirements. When securing 452 professional services, an agency must endeavor to meet the 453 minority business enterprise procurement goals under s. 454 287.09451. 455 (4)COMPETITIVE SELECTION. 456 (b)The agency shall select in order of preference no fewer 457 than three firms deemed to be the most highly qualified to 458 perform the required services. In determining whether a firm is 459 qualified, the agency shall consider such factors as the ability 460 of professional personnel; whether a firm is a certified 461 minority business enterprise; past performance; willingness to 462 meet time and budget requirements; location; recent, current, 463 and projected workloads of the firms; and the volume of work 464 previously awarded to each firm by the agency, with the object 465 of effecting an equitable distribution of contracts among 466 qualified firms, provided such distribution does not violate the 467 principle of selection of the most highly qualified firms. The 468 agency may request, accept, and consider proposals for the 469 compensation to be paid under the contract only during 470 competitive negotiations under subsection (5). 471 Section 10.Subsections (7) through (28) of section 472 287.057, Florida Statutes, are amended to read: 473 287.057Procurement of commodities or contractual 474 services. 475 (7)Upon issuance of any solicitation, an agency shall, 476 upon request by the department, forward to the department one 477 copy of each solicitation for all commodity and contractual 478 services purchases in excess of the threshold amount provided in 479 s. 287.017 for CATEGORY TWO. An agency shall also, upon request, 480 furnish a copy of all competitive-solicitation tabulations. The 481 Office of Supplier Diversity may also request from the agencies 482 any information submitted to the department pursuant to this 483 subsection. 484 (8)(a)In order to strive to meet the minority business 485 enterprise procurement goals set forth in s. 287.09451, an 486 agency may reserve any contract for competitive solicitation 487 only among certified minority business enterprises. Agencies 488 shall review all their contracts each fiscal year and shall 489 determine which contracts may be reserved for solicitation only 490 among certified minority business enterprises. This reservation 491 may only be used when it is determined, by reasonable and 492 objective means, before the solicitation that there are capable, 493 qualified certified minority business enterprises available to 494 submit a bid, proposal, or reply on a contract to provide for 495 effective competition. The Office of Supplier Diversity shall 496 consult with any agency in reaching such determination when 497 deemed appropriate. 498 (b)Before a contract may be reserved for solicitation only 499 among certified minority business enterprises, the agency head 500 must find that such a reservation is in the best interests of 501 the state. All determinations shall be subject to s. 502 287.09451(5). Once a decision has been made to reserve a 503 contract, but before sealed bids, proposals, or replies are 504 requested, the agency shall estimate what it expects the amount 505 of the contract to be, based on the nature of the services or 506 commodities involved and their value under prevailing market 507 conditions. If all the sealed bids, proposals, or replies 508 received are over this estimate, the agency may reject the bids, 509 proposals, or replies and request new ones from certified 510 minority business enterprises, or the agency may reject the 511 bids, proposals, or replies and reopen the bidding to all 512 eligible vendors. 513 (c)All agencies shall consider the use of price 514 preferences of up to 10 percent, weighted preference formulas, 515 or other preferences for vendors as determined appropriate 516 pursuant to guidelines established in accordance with s. 517 287.09451(4) to increase the participation of minority business 518 enterprises. 519 (d)All agencies shall avoid any undue concentration of 520 contracts or purchases in categories of commodities or 521 contractual services in order to meet the minority business 522 enterprise purchasing goals in s. 287.09451. 523 (9)An agency may reserve any contract for competitive 524 solicitation only among vendors who agree to use certified 525 minority business enterprises as subcontractors or subvendors. 526 The percentage of funds, in terms of gross contract amount and 527 revenues, which must be expended with the certified minority 528 business enterprise subcontractors and subvendors shall be 529 determined by the agency before such contracts may be reserved. 530 In order to bid on a contract so reserved, the vendor shall 531 identify those certified minority business enterprises which 532 will be utilized as subcontractors or subvendors by sworn 533 statement. At the time of performance or project completion, the 534 contractor shall report by sworn statement the payments and 535 completion of work for all certified minority business 536 enterprises used in the contract. 537 (8)(10)An agency may shall not divide the solicitation of 538 commodities or contractual services so as to avoid the 539 requirements of subsections (1)-(3). 540 (9)(11)A contract for commodities or contractual services 541 may be awarded without competition if state or federal law 542 prescribes with whom the agency must contract or if the rate of 543 payment or the recipient of the funds is established during the 544 appropriations process. 545 (12)If two equal responses to a solicitation or a request 546 for quote are received and one response is from a certified 547 minority business enterprise, the agency shall enter into a 548 contract with the certified minority business enterprise. 549 (10)(13)Extension of a contract for commodities or 550 contractual services must be in writing for a period not to 551 exceed 6 months and is subject to the same terms and conditions 552 set forth in the initial contract and any written amendments 553 signed by the parties. There may be only one extension of a 554 contract unless the failure to meet the criteria set forth in 555 the contract for completion of the contract is due to events 556 beyond the control of the contractor. 557 (11)(14)Contracts for commodities or contractual services 558 may be renewed for a period that may not exceed 3 years or the 559 term of the original contract, whichever is longer. Renewal of a 560 contract for commodities or contractual services must be in 561 writing and is subject to the same terms and conditions set 562 forth in the initial contract and any written amendments signed 563 by the parties. If the commodity or contractual service is 564 purchased as a result of the solicitation of bids, proposals, or 565 replies, the price of the commodity or contractual service to be 566 renewed must be specified in the bid, proposal, or reply, except 567 that an agency may negotiate lower pricing. A renewal contract 568 may not include any compensation for costs associated with the 569 renewal. Renewals are contingent upon satisfactory performance 570 evaluations by the agency and subject to the availability of 571 funds. Exceptional purchase contracts pursuant to paragraphs 572 (3)(a) and (c) may not be renewed. With the exception of 573 subsection (9) (11), if a contract amendment results in a longer 574 contract term or increased payments, a state agency may not 575 renew or amend a contract for the outsourcing of a service or 576 activity that has an original term value exceeding $5 million 577 before submitting a written report concerning contract 578 performance to the Governor, the President of the Senate, and 579 the Speaker of the House of Representatives at least 90 days 580 before execution of the renewal or amendment. 581 (12)(a)(15)(a)For each contractual services contract, the 582 agency shall designate an employee to function as contract 583 manager who is responsible for enforcing performance of the 584 contract terms and conditions and serves as a liaison between 585 the contractor and the agency. The contract manager may not be 586 an individual who has been employed, within the previous 5 587 years, by the vendor awarded the contractual services contract. 588 The primary responsibilities of a contract manager include: 589 1.Participating in the solicitation development and review 590 of contract documents. 591 2.Monitoring the contractors progress and performance to 592 ensure procured products and services conform to the contract 593 requirements and keep timely records of findings. 594 3.Managing and documenting any changes to the contract 595 through the amendment process authorized by the terms of the 596 contract. 597 4.Monitoring the contract budget to ensure sufficient 598 funds are available throughout the term of the contract. 599 5.Exercising applicable remedies, as appropriate, when a 600 contractors performance is deficient. 601 (b)Each contract manager who is responsible for contracts 602 in excess of the threshold amount for CATEGORY TWO must, at a 603 minimum, complete training conducted by the Chief Financial 604 Officer for accountability in contracts and grant management. 605 The Chief Financial Officer shall evaluate such training every 5 606 years to assess its effectiveness and update the training 607 curriculum. The Chief Financial Officer shall establish and 608 disseminate uniform procedures pursuant to s. 17.03(3) to ensure 609 that contractual services have been rendered in accordance with 610 the contract terms before the agency processes the invoice for 611 payment. The procedures must include, but need not be limited 612 to, procedures for monitoring and documenting contractor 613 performance, reviewing and documenting all deliverables for 614 which payment is requested by vendors, and providing written 615 certification by contract managers of the agencys receipt of 616 goods and services. 617 (c)Each contract manager who is responsible for contracts 618 in excess of $100,000 annually must, in addition to the 619 accountability in contracts and grant management training 620 required in paragraph (b) and within 6 months after being 621 assigned responsibility for such contracts, complete training in 622 contract management and become a certified contract manager. The 623 department is responsible for establishing and disseminating the 624 training and certification requirements for certified contract 625 managers. Training must promote best practices and procedures 626 related to negotiating, managing, and ensuring accountability in 627 agency contracts and grant agreements, which must include the 628 use of case studies based upon previous audits, contracts, and 629 grant agreements. A certified contract manager must complete 630 training every 5 years for certification renewal. Training and 631 certification must be coordinated by the department, and the 632 training must be conducted jointly by the department and the 633 Department of Financial Services. The department shall evaluate 634 such training every 5 years to assess its effectiveness and 635 update the training curriculum. 636 (d)Each contract manager who is responsible for contracts 637 in excess of $10 million annually must, in addition to the 638 training required in paragraph (b) and the training and 639 certification required in paragraph (c), possess at least 5 640 years of experience managing contracts totaling at least in 641 excess of $5 million annually. 642 (13)(16)Each agency shall designate at least one employee 643 who shall serve as a contract administrator responsible for 644 maintaining a contract file and financial information on all 645 contractual services contracts and who shall serve as a liaison 646 with the contract managers and the department. For a contract of 647 $500,000 or less annually, the contract administrator may also 648 serve as the contract manager if he or she has completed the 649 required training. For a contract in excess of $500,000 650 annually, the contract administrator may not serve as both the 651 contract administrator and the contract manager. 652 (14)(a)(17)(a)For a contract in excess of the threshold 653 amount provided in s. 287.017 for CATEGORY FOUR, the agency head 654 shall appoint: 655 1.At least three persons to independently evaluate 656 proposals and replies who collectively have experience and 657 knowledge in the program areas and service requirements for the 658 commodity or contractual services sought. 659 2.At least three persons to a negotiation team to conduct 660 negotiations during a competitive sealed reply procurement. The 661 negotiation team members must collectively have experience and 662 knowledge in negotiating contracts, contract procurement, and 663 the program areas and service requirements for the commodity or 664 contractual services sought. 665 (b)1.If the value of a contract is in excess of $1 million 666 in any fiscal year, at least one of the persons conducting 667 negotiations must be a certified contract negotiator. 668 2.If the value of a contract is in excess of $10 million 669 in any fiscal year, at least one of the persons conducting 670 negotiations must be a Project Management Professional, as 671 certified by the Project Management Institute. The Project 672 Management Professional shall provide guidance based on his or 673 her experience, education, and competency to lead and direct 674 complex projects. 675 3.The department is responsible for establishing and 676 disseminating the certification and training requirements for 677 certified contract negotiators. Training must ensure that 678 certified contract negotiators are knowledgeable about effective 679 negotiation strategies, capable of successfully implementing 680 those strategies, and involved appropriately in the procurement 681 process. The department shall evaluate such training every 5 682 years in order to assess its effectiveness and update the 683 training curriculum. A certified contract negotiator is required 684 to complete training every 5 years for certification renewal. 685 Qualification requirements for certification must include: 686 a.At least 12 months experience as a purchasing agent, 687 contract manager, or contract administrator for an agency or a 688 local governmental entity where at least 50 percent of the 689 designated duties included procuring commodities or contractual 690 services, participating in contract negotiation, contract 691 management, or contract administration, or working as an agency 692 attorney whose duties included providing legal counsel to the 693 agencys purchasing or contracting staff. 694 b.Experience during the preceding 5 years in leading at 695 least two federal, state, or local government negotiation teams 696 through a negotiated procurement, or participation in at least 697 three federal, state, or local government negotiated 698 procurements. 699 (15)(18)Any person who supervises contract administrators 700 or contract or grant managers that meet criteria for 701 certification in subsection (12) (15) shall annually complete 702 public procurement training for supervisors within 12 months 703 after appointment to the supervisory position. The department is 704 responsible for establishing and disseminating the training 705 course content required for supervisors. 706 (16)(a)1.(19)(a)1.Each agency must avoid, neutralize, or 707 mitigate significant potential organizational conflicts of 708 interest before a contract is awarded. If the agency elects to 709 mitigate the significant potential organizational conflict or 710 conflicts of interest, an adequate mitigation plan, including 711 organizational, physical, and electronic barriers, shall be 712 developed. 713 2.If a conflict cannot be avoided or mitigated, an agency 714 may proceed with the contract award if the agency head certifies 715 that the award is in the best interests of the state. The agency 716 head must specify in writing the basis for the certification. 717 (b)1.An agency head may not proceed with a contract award 718 under subparagraph (a)2. if a conflict of interest is based upon 719 the vendor gaining an unfair competitive advantage. 720 2.An unfair competitive advantage exists when the vendor 721 competing for the award of a contract obtained: 722 a.Access to information that is not available to the 723 public and would assist the vendor in obtaining the contract; or 724 b.Source selection information that is relevant to the 725 contract but is not available to all competitors and that would 726 assist the vendor in obtaining the contract. 727 (c)A person who receives a contract that has not been 728 procured pursuant to subsections (1)-(3) to perform a 729 feasibility study of the potential implementation of a 730 subsequent contract, who participates in the drafting of a 731 solicitation or who develops a program for future 732 implementation, is not eligible to contract with the agency for 733 any other contracts dealing with that specific subject matter, 734 and any firm in which such person has any interest is not 735 eligible to receive such contract. However, this prohibition 736 does not prevent a vendor who responds to a request for 737 information from being eligible to contract with an agency. 738 (17)(20)Each agency shall establish a review and approval 739 process for all contractual services contracts costing more than 740 the threshold amount provided for in s. 287.017 for CATEGORY 741 THREE which shall include, but not be limited to, program, 742 financial, and legal review and approval. Such reviews and 743 approvals shall be obtained before the contract is executed. 744 (18)(21)In any procurement that costs more than the 745 threshold amount provided for in s. 287.017 for CATEGORY TWO and 746 is accomplished without competition, the individuals taking part 747 in the development or selection of criteria for evaluation, the 748 evaluation process, and the award process shall attest in 749 writing that they are independent of, and have no conflict of 750 interest in, the entities evaluated and selected. 751 (19)(22)Nothing in this section shall affect the validity 752 or effect of any contract in existence on October 1, 1990. 753 (20)(23)An agency may contract for services with any 754 independent, nonprofit college or university which is located 755 within the state on the same basis as it may contract with any 756 state university or college if the independent, nonprofit 757 college or university: 758 (a)Is accredited by the Southern Association of Colleges 759 and Schools; or 760 (b)Is authorized to operate within this state pursuant to 761 chapter 1005, offers a professional degree, and is accredited by 762 the Middle States Commission on Higher Education. 763 (21)(24)The department, in consultation with the Chief 764 Financial Officer and the state chief information officer, shall 765 maintain a program for online procurement of commodities and 766 contractual services. To enable the state to promote open 767 competition and leverage its buying power, agencies shall 768 participate in the online procurement program, and eligible 769 users may participate in the program. Only vendors prequalified 770 as meeting mandatory requirements and qualifications criteria 771 may participate in online procurement. 772 (a)The department may contract for equipment and services 773 necessary to develop and implement online procurement. 774 (b)The department shall adopt rules to administer the 775 program for online procurement. The rules must include, but not 776 be limited to: 777 1.Determining the requirements and qualification criteria 778 for prequalifying vendors. 779 2.Establishing the procedures for conducting online 780 procurement. 781 3.Establishing the criteria for eligible commodities and 782 contractual services. 783 4.Establishing the procedures for providing access to 784 online procurement. 785 5.Determining the criteria warranting any exceptions to 786 participation in the online procurement program. 787 (c)The department may impose and shall collect all fees 788 for the use of the online procurement systems. 789 1.The fees may be imposed on an individual transaction 790 basis or as a fixed percentage of the cost savings generated. At 791 a minimum, the fees must be set in an amount sufficient to cover 792 the projected costs of the services, including administrative 793 and project service costs in accordance with the policies of the 794 department. 795 2.If the department contracts with a provider for online 796 procurement, the department, pursuant to appropriation, shall 797 compensate the provider from the fees after the department has 798 satisfied all ongoing costs. The provider shall report 799 transaction data to the department each month so that the 800 department may determine the amount due and payable to the 801 department from each vendor. 802 3.All fees that are due and payable to the state on a 803 transactional basis or as a fixed percentage of the cost savings 804 generated are subject to s. 215.31 and must be remitted within 805 40 days after receipt of payment for which the fees are due. For 806 fees that are not remitted within 40 days, the vendor shall pay 807 interest at the rate established under s. 55.03(1) on the unpaid 808 balance from the expiration of the 40-day period until the fees 809 are remitted. 810 4.All fees and surcharges collected under this paragraph 811 shall be deposited in the Operating Trust Fund as provided by 812 law. 813 (22)(25)Each solicitation for the procurement of 814 commodities or contractual services shall include the following 815 provision: Respondents to this solicitation or persons acting 816 on their behalf may not contact, between the release of the 817 solicitation and the end of the 72-hour period following the 818 agency posting the notice of intended award, excluding 819 Saturdays, Sundays, and state holidays, any employee or officer 820 of the executive or legislative branch concerning any aspect of 821 this solicitation, except in writing to the procurement officer 822 or as provided in the solicitation documents. Violation of this 823 provision may be grounds for rejecting a response. 824 (23)(a)(26)(a)For each contractual services contract of $5 825 million or greater, the agency head shall establish a continuing 826 oversight team after the contract has been awarded. The agency 827 head shall appoint at least four persons, one of whom must be 828 the certified contract manager, to the continuing oversight 829 team. If the value of the contractual services contract is $10 830 million or greater, at least one of the persons on the 831 continuing oversight team must possess at least 5 years of 832 experience in managing contracts of a similar scope or size. If 833 the value of the contractual services contract is $20 million or 834 greater, the continuing oversight team shall consist of at least 835 five persons; at least one of the persons on the continuing 836 oversight team must be from an agency other than the agency or 837 agencies participating in the contract. Members of the 838 continuing oversight team must be agency employees and must 839 collectively have experience and knowledge in contract 840 management, contract administration, contract enforcement, and 841 the program areas and service requirements for the contractual 842 services purchased. 843 (b)1.For contracts of $5 million or greater, each 844 continuing oversight team must meet at least quarterly. 845 2.For contracts of $10 million or greater, each continuing 846 oversight team must meet at least monthly. A representative of 847 the contractor must be made available to members of the 848 continuing oversight team for at least one meeting every 849 calendar quarter to respond to any questions or requests for 850 information from the continuing oversight team concerning 851 contractor performance. 852 (c)1.Within 30 days after the formation of the continuing 853 oversight team, the continuing oversight team must convene an 854 initial meeting with representatives of the contractor to 855 achieve a mutual understanding of the contract requirements; to 856 provide the contractor with an orientation to the contract 857 management process; and to provide an explanation of the role of 858 the continuing oversight team, contract manager, and contract 859 administrator. 860 2.The continuing oversight team must meet to discuss the 861 status of the contract, the pace of deliverables, the quality of 862 deliverables, contractor responsiveness, and contractor 863 performance. The contract administrator must be present at each 864 meeting with the contract file and all applicable financial 865 information. The continuing oversight team may submit written 866 questions to the contractor concerning any items discussed 867 during a continuing oversight team meeting. The contractor must 868 respond to the teams questions within 10 business days after 869 receiving the written questions. The questions and responses 870 must be included in the contract file. 871 (d)The continuing oversight team must notify, in writing: 872 1.The agency head and the department of any deficiency in 873 a contractors performance which substantially affects the pace 874 of deliverables or the likelihood of the successful completion 875 of the contract. 876 2.The agency head, the department, and the Office of 877 Policy and Budget in the Executive Office of the Governor of any 878 significant change in contract scope or any increase in the cost 879 of the contract that is 5 percent of the planned contract cost 880 or greater within the fiscal year for contractual service 881 contracts of at least $5 million. 882 3.The agency head, the department, the Office of Policy 883 and Budget in the Executive Office of the Governor, and the 884 legislative appropriations committees of any significant change 885 in contract scope or any increase in the cost of the contract 886 that is 5 percent of the planned contract cost or greater within 887 the fiscal year for contractual service contracts of $10 million 888 or greater. 889 (24)(a)(27)(a)In determining whether a vendor is a 890 responsible vendor, an agency may establish financial stability 891 criteria and require a vendor to demonstrate its financial 892 stability. If an agency requires a vendor to demonstrate its 893 financial stability during the competitive solicitation process, 894 the agency must accept any of the following as evidence of the 895 vendors financial stability: 896 1.Audited financial statements that demonstrate the 897 vendors satisfaction of financial stability criteria. 898 2.Documentation of an investment grade rating from a 899 credit rating agency designated as a nationally recognized 900 statistical rating organization by the Securities and Exchange 901 Commission. 902 3.a.For a vendor with annual revenues exceeding $1 903 billion, a letter containing a written declaration, pursuant to 904 s. 92.525, issued by the chief financial officer or controller 905 attesting that the vendor is financially stable and meets the 906 definition of financial stability in paragraph (b). 907 b.For a vendor with annual revenues of $1 billion or less, 908 documentation, based on criteria established by the agency, 909 evidencing that the vendor is financially stable and meets the 910 definition of financial stability in paragraph (b). The criteria 911 established by the agency shall be reasonably related to the 912 value of the contract and may not include audited financial 913 statements. 914 (b)For purposes of this subsection, the term financial 915 stability means, at a minimum, having adequate income and 916 capital and the capacity to efficiently allocate resources, 917 assess and manage financial risks, and maintain financial 918 soundness through the term of the contract. 919 (c)This subsection does not preclude an agency from 920 requiring a performance bond for the duration of the contract, 921 when appropriate. 922 (25)(28)An agency may substitute verifiable, related work 923 experience in lieu of postsecondary education requirements for 924 contractual services pursuant to s. 112.219 if the person 925 seeking the contract for services is otherwise qualified for 926 such contract. 927 Section 11.Paragraph (c) of subsection (10) of section 928 287.059, Florida Statutes, is amended to read: 929 287.059Private attorney services. 930 (10)Agencies are encouraged to use the following criteria 931 when selecting outside firms for attorney services: 932 (c)The firms minority status. 933 Section 12.Section 287.093, Florida Statutes, is repealed. 934 Section 13.Section 287.0931, Florida Statutes, is 935 repealed. 936 Section 14.Section 287.094, Florida Statutes, is repealed. 937 Section 15.Section 287.0943, Florida Statutes, is 938 repealed. 939 Section 16.Section 287.09431, Florida Statutes, is 940 repealed. 941 Section 17.Section 287.09451, Florida Statutes, is 942 repealed. 943 Section 18.Section 287.0947, Florida Statutes, is 944 repealed. 945 Section 19.Section 288.1167, Florida Statutes, is 946 repealed. 947 Section 20.Subsections (1), (3), (4), and (5) of section 948 288.703, Florida Statutes, are amended to read: 949 288.703Definitions.As used in ss. 288.702-288.706, the 950 term: 951 (1)Certified minority business enterprise means a 952 business which has been certified by the certifying organization 953 or jurisdiction in accordance with s. 287.0943(1) and (2). 954 (3)Minority business enterprise means any small business 955 concern as defined in subsection (6) which is organized to 956 engage in commercial transactions, which is domiciled in 957 Florida, and which is at least 51-percent-owned by minority 958 persons who are members of an insular group that is of a 959 particular racial, ethnic, or gender makeup or national origin, 960 which has been subjected historically to disparate treatment due 961 to identification in and with that group resulting in an 962 underrepresentation of commercial enterprises under the groups 963 control, and whose management and daily operations are 964 controlled by such persons. A minority business enterprise may 965 primarily involve the practice of a profession. Ownership by a 966 minority person does not include ownership which is the result 967 of a transfer from a nonminority person to a minority person 968 within a related immediate family group if the combined total 969 net asset value of all members of such family group exceeds $1 970 million. For purposes of this subsection, the term related 971 immediate family group means one or more children under 16 972 years of age and a parent of such children or the spouse of such 973 parent residing in the same house or living unit. 974 (4)Minority person means a lawful, permanent resident of 975 Florida who is: 976 (a)An African American, a person having origins in any of 977 the black racial groups of the African Diaspora, regardless of 978 cultural origin. 979 (b)A Hispanic American, a person of Spanish or Portuguese 980 culture with origins in Spain, Portugal, Mexico, South America, 981 Central America, or the Caribbean, regardless of race. 982 (c)An Asian American, a person having origins in any of 983 the original peoples of the Far East, Southeast Asia, the Indian 984 Subcontinent, or the Pacific Islands, including the Hawaiian 985 Islands before 1778. 986 (d)A Native American, a person who has origins in any of 987 the Indian Tribes of North America before 1835, upon 988 presentation of proper documentation thereof as established by 989 rule of the Department of Management Services. 990 (e)An American woman. 991 (2)(5)Ombudsman means an office or individual whose 992 responsibilities include coordinating with the Office of 993 Supplier Diversity for the interests of and providing assistance 994 to small and minority business enterprises in dealing with 995 governmental agencies and in developing proposals for changes in 996 state agency rules. 997 Section 21.Section 288.7031, Florida Statutes, is amended 998 to read: 999 288.7031Application of definition of small business 1000 certain definitions.The definition definitions of small 1001 business, minority business enterprise, and certified 1002 minority business enterprise provided in s. 288.703 applies 1003 apply to the state and all political subdivisions of the state. 1004 Section 22.Section 288.706, Florida Statutes, is repealed. 1005 Section 23.Subsection (5) of section 348.754, Florida 1006 Statutes, is amended to read: 1007 348.754Purposes and powers. 1008 (5)The authority shall encourage the inclusion of local-, 1009 small-, minority-, and women-owned businesses in its procurement 1010 and contracting opportunities. 1011 Section 24.Section 373.1135, Florida Statutes, is amended 1012 to read: 1013 373.1135Small business program.Each water management 1014 district, as created in this chapter, may implement a small 1015 business program designed to help small businesses, including 1016 those owned by women and minorities, to participate in district 1017 procurement and contract activities. The purpose of the program 1018 is to spur economic development and support small businesses, 1019 including women-owned and minority-owned businesses, to 1020 successfully expand in the marketplace. Program specifics shall 1021 be provided by rule pursuant to s. 373.113. 1022 Section 25.Section 373.607, Florida Statutes, is repealed. 1023 Section 26.Paragraph (g) of subsection (1) of section 1024 376.84, Florida Statutes, is amended to read: 1025 376.84Brownfield redevelopment economic incentives.It is 1026 the intent of the Legislature that brownfield redevelopment 1027 activities be viewed as opportunities to significantly improve 1028 the utilization, general condition, and appearance of these 1029 sites. Different standards than those in place for new 1030 development, as allowed under current state and local laws, 1031 should be used to the fullest extent to encourage the 1032 redevelopment of a brownfield. State and local governments are 1033 encouraged to offer redevelopment incentives for this purpose, 1034 as an ongoing public investment in infrastructure and services, 1035 to help eliminate the public health and environmental hazards, 1036 and to promote the creation of jobs in these areas. Such 1037 incentives may include financial, regulatory, and technical 1038 assistance to persons and businesses involved in the 1039 redevelopment of the brownfield pursuant to this act. 1040 (1)Financial incentives and local incentives for 1041 redevelopment may include, but not be limited to: 1042 (g)Minority business enterprise programs as provided in s. 1043 287.0943. 1044 Section 27.Paragraph (d) of subsection (7) of section 1045 1001.706, Florida Statutes, is amended to read: 1046 1001.706Powers and duties of the Board of Governors. 1047 (7)POWERS AND DUTIES RELATING TO PROPERTY. 1048 (d)The Board of Governors, or the boards designee, shall 1049 ensure compliance with the provisions of s. 287.09451 for all 1050 procurement and ss. 255.101 and 255.102 for construction 1051 contracts, and rules adopted pursuant thereto, relating to the 1052 utilization of minority business enterprises, except that 1053 procurements costing less than the amount provided for in 1054 CATEGORY FIVE as provided in s. 287.017 shall not be subject to 1055 s. 287.09451. 1056 Section 28.Paragraph (c) of subsection (1) of section 1057 1013.46, Florida Statutes, is amended to read: 1058 1013.46Advertising and awarding contracts; 1059 prequalification of contractor. 1060 (1) 1061 (c)As an option, any county, municipality, or board may 1062 set aside up to 10 percent of the total amount of funds 1063 allocated for the purpose of entering into construction capital 1064 project contracts with minority business enterprises, as defined 1065 in s. 287.094. Such contracts shall be competitively bid only 1066 among minority business enterprises. The set-aside shall be used 1067 to redress present effects of past discriminatory practices and 1068 shall be subject to periodic reassessment to account for 1069 changing needs and circumstances. 1070 Section 29.Subsection (1) of section 43.16, Florida 1071 Statutes, is amended to read: 1072 43.16Justice Administrative Commission; membership, powers 1073 and duties. 1074 (1)There is hereby created a Justice Administrative 1075 Commission, with headquarters located in the state capital. The 1076 necessary office space for use of the commission shall be 1077 furnished by the proper state agency in charge of state 1078 buildings. For purposes of the fees imposed on agencies pursuant 1079 to s. 287.057(21) s. 287.057(24), the Justice Administrative 1080 Commission shall be exempt from such fees. 1081 Section 30.Paragraph (a) of subsection (2) of section 1082 110.116, Florida Statutes, is amended to read: 1083 110.116Personnel information system; payroll procedures. 1084 (2)In recognition of the critical nature of the statewide 1085 personnel and payroll system commonly known as People First, the 1086 Legislature finds that it is in the best interest of the state 1087 to continue partnering with the current People First third-party 1088 operator. The People First System annually processes 500,000 1089 employment applications, 455,000 personnel actions, and the 1090 states $9.5-billion payroll. The Legislature finds that the 1091 continuity of operations of the People First System and the 1092 critical functions it provides such as payroll, employee health 1093 insurance benefit records, and other critical services must not 1094 be interrupted. Presently, the Chief Financial Officer is 1095 undertaking the development of a new statewide accounting and 1096 financial management system, commonly known as the Planning, 1097 Accounting, and Ledger Management (PALM) system, scheduled to be 1098 operational in the year 2026. The procurement and implementation 1099 of an entire replacement of the People First System will impede 1100 the timeframe needed to successfully integrate the states 1101 payroll system with the PALM system. In order to maintain 1102 continuity of operations and to ensure the successful completion 1103 of the PALM system, the Legislature directs that: 1104 (a)The department, pursuant to s. 287.057(9) s. 1105 287.057(11), shall enter into a 3-year contract extension with 1106 the entity operating the People First System on January 1, 2024. 1107 The contract extension must: 1108 1.Provide for the integration of the current People First 1109 System with PALM. 1110 2.Exclude major functionality updates or changes to the 1111 People First System prior to completion of the PALM system. This 1112 does not include: 1113 a.Routine system maintenance such as code updates 1114 following open enrollment; or 1115 b.The technical remediation necessary to integrate the 1116 system with PALM within the PALM projects planned 1117 implementation schedule. 1118 3.Include project planning and analysis deliverables 1119 necessary to: 1120 a.Detail and document the states functional requirements. 1121 b.Estimate the cost of transitioning the current People 1122 First System to a cloud computing infrastructure within the 1123 contract extension and after the successful integration with 1124 PALM. The project cost evaluation shall estimate the annual cost 1125 and capacity growth required to host the system in a cloud 1126 environment. 1127 1128 The department shall develop these system specifications in 1129 conjunction with the Department of Financial Services and the 1130 Auditor General. 1131 4.Include technical support for state agencies that may 1132 need assistance in remediating or integrating current financial 1133 shadow systems with People First in order to integrate with PALM 1134 or the cloud version of People First. 1135 5.Include organizational change management and training 1136 deliverables needed to support the implementation of PALM 1137 payroll functionality and the People First System cloud upgrade. 1138 Responsibilities of the operator and the department shall be 1139 outlined in a project role and responsibility assignment chart 1140 within the contract. 1141 6.Include an option to renew the contract for one 1142 additional year. 1143 Section 31.Paragraph (g) of subsection (3) of section 1144 212.096, Florida Statutes, is amended to read: 1145 212.096Sales, rental, storage, use tax; enterprise zone 1146 jobs credit against sales tax. 1147 (3)In order to claim this credit, an eligible business 1148 must file under oath with the governing body or enterprise zone 1149 development agency having jurisdiction over the enterprise zone 1150 where the business is located, as applicable, a statement which 1151 includes: 1152 (g)Whether the business is a small business as defined in 1153 s. 288.703(3) by s. 288.703(6). 1154 Section 32.Paragraph (a) of subsection (2) of section 1155 215.971, Florida Statutes, is amended to read: 1156 215.971Agreements funded with federal or state 1157 assistance. 1158 (2)For each agreement funded with federal or state 1159 financial assistance, the state agency shall designate an 1160 employee to function as a grant manager who shall be responsible 1161 for enforcing performance of the agreements terms and 1162 conditions and who shall serve as a liaison with the recipient 1163 or subrecipient. 1164 (a)1.Each grant manager who is responsible for agreements 1165 in excess of the threshold amount for CATEGORY TWO under s. 1166 287.017 must, at a minimum, complete training conducted by the 1167 Chief Financial Officer for accountability in contracts and 1168 grant management. 1169 2.Effective December 1, 2014, each grant manager 1170 responsible for agreements in excess of $100,000 annually must 1171 complete the training and become a certified contract manager as 1172 provided under s. 287.057(12) s. 287.057(15). All grant managers 1173 must become certified contract managers within 24 months after 1174 establishment of the training and certification requirements by 1175 the Department of Management Services and the Department of 1176 Financial Services. 1177 Section 33.Subsection (5) of section 282.201, Florida 1178 Statutes, is amended to read: 1179 282.201State data center.The state data center is 1180 established within the department. The provision of data center 1181 services must comply with applicable state and federal laws, 1182 regulations, and policies, including all applicable security, 1183 privacy, and auditing requirements. The department shall appoint 1184 a director of the state data center who has experience in 1185 leading data center facilities and has expertise in cloud 1186 computing management. 1187 (5)NORTHWEST REGIONAL DATA CENTER CONTRACT.In order for 1188 the department to carry out its duties and responsibilities 1189 relating to the state data center, the secretary of the 1190 department shall contract by July 1, 2022, with the Northwest 1191 Regional Data Center pursuant to s. 287.057(9) s. 287.057(11). 1192 The contract shall provide that the Northwest Regional Data 1193 Center will manage the operations of the state data center and 1194 provide data center services to state agencies. 1195 (a)The department shall provide contract oversight, 1196 including, but not limited to, reviewing invoices provided by 1197 the Northwest Regional Data Center for services provided to 1198 state agency customers. 1199 (b)The department shall approve or request updates to 1200 invoices within 10 business days after receipt. If the 1201 department does not respond to the Northwest Regional Data 1202 Center, the invoice will be approved by default. The Northwest 1203 Regional Data Center must submit approved invoices directly to 1204 state agency customers. 1205 Section 34.Effective only if the reversion of text 1206 pursuant to section 53 of chapter 2024-228, Laws of Florida, is 1207 abrogated, paragraph (a) of subsection (3) of section 282.709, 1208 Florida Statutes, is amended to read: 1209 282.709State agency law enforcement radio system and 1210 interoperability network. 1211 (3)In recognition of the critical nature of the statewide 1212 law enforcement radio communications system, the Legislature 1213 finds that there is an immediate danger to the public health, 1214 safety, and welfare, and that it is in the best interest of the 1215 state to continue partnering with the systems current operator. 1216 The Legislature finds that continuity of coverage is critical to 1217 supporting law enforcement, first responders, and other public 1218 safety users. The potential for a loss in coverage or a lack of 1219 interoperability between users requires emergency action and is 1220 a serious concern for officers safety and their ability to 1221 communicate and respond to various disasters and events. 1222 (a)The department, pursuant to s. 287.057(9) s. 1223 287.057(11), shall enter into a 15-year contract with the entity 1224 that was operating the statewide radio communications system on 1225 January 1, 2021. The contract must include: 1226 1.The purchase of radios; 1227 2.The upgrade to the Project 25 communications standard; 1228 3.Increased system capacity and enhanced coverage for 1229 system users; 1230 4.Operations, maintenance, and support at a fixed annual 1231 rate; 1232 5.The conveyance of communications towers to the 1233 department; and 1234 6.The assignment of communications tower leases to the 1235 department. 1236 Section 35.Paragraph (b) of subsection (3) of section 1237 286.101, Florida Statutes, is amended to read: 1238 286.101Foreign gifts and contracts. 1239 (3) 1240 (b)Disclosure under this subsection is not required with 1241 respect to: 1242 1.A proposal to sell commodities through the online 1243 procurement program established pursuant to s. 287.057(19) s. 1244 287.057(22); 1245 2.A proposal to sell commodities to a university pursuant 1246 to Board of Governors Regulation 18.001; 1247 3.An application or proposal from an entity that discloses 1248 foreign gifts or grants under subsection (2) or s. 1010.25; 1249 4.An application or proposal from a foreign source that, 1250 if granted or accepted, would be disclosed under subsection (2) 1251 or s. 1010.25; or 1252 5.An application or proposal from a public or not-for 1253 profit research institution with respect to research funded by 1254 any federal agency. 1255 Section 36.Paragraph (a) of subsection (3) of section 1256 287.0571, Florida Statutes, is amended to read: 1257 287.0571Business case to outsource; applicability. 1258 (3)This section does not apply to: 1259 (a)A procurement of commodities and contractual services 1260 listed in s. 287.057(3)(d) and (e) and (20) s. 287.057(3)(d) and 1261 (e) and (23). 1262 Section 37.Paragraph (b) of subsection (2) of section 1263 288.0001, Florida Statutes, is amended to read: 1264 288.0001Economic Development Programs Evaluation.The 1265 Office of Economic and Demographic Research and the Office of 1266 Program Policy Analysis and Government Accountability (OPPAGA) 1267 shall develop and present to the Governor, the President of the 1268 Senate, the Speaker of the House of Representatives, and the 1269 chairs of the legislative appropriations committees the Economic 1270 Development Programs Evaluation. 1271 (2)The Office of Economic and Demographic Research and 1272 OPPAGA shall provide a detailed analysis of economic development 1273 programs as provided in the following schedule: 1274 (b)By January 1, 2015, and every 3 years thereafter, an 1275 analysis of: 1276 1.The entertainment industry sales tax exemption program 1277 established under s. 288.1258. 1278 2.VISIT Florida and its programs established or funded 1279 under ss. 288.122-288.12265 and 288.124. 1280 3.The Florida Sports Foundation and related programs, 1281 including those established under ss. 288.1162, 288.11621, and 1282 288.1166, and 288.1167. 1283 Section 38.Paragraph (b) of subsection (4) of section 1284 295.187, Florida Statutes, is amended to read: 1285 295.187Florida Veteran Business Enterprise Opportunity 1286 Act. 1287 (4)VENDOR PREFERENCE. 1288 (b)Notwithstanding s. 287.057(12), If a veteran business 1289 enterprise entitled to the vendor preference under this section 1290 and one or more businesses entitled to this preference or 1291 another vendor preference provided by law submit bids, 1292 proposals, or replies for procurement of commodities or 1293 contractual services which are equal with respect to all 1294 relevant considerations, including price, quality, and service, 1295 the state agency shall award the procurement or contract to the 1296 business having the smallest net worth. 1297 Section 39.Subsection (3) of section 320.63, Florida 1298 Statutes, is amended to read: 1299 320.63Application for license; contents.Any person 1300 desiring to be licensed pursuant to ss. 320.60-320.70 shall make 1301 application therefor to the department upon a form containing 1302 such information as the department requires. The department 1303 shall require, with such application or otherwise and from time 1304 to time, all of the following, which information may be 1305 considered by the department in determining the fitness of the 1306 applicant or licensee to engage in the business for which the 1307 applicant or licensee desires to be licensed: 1308 (3)From each manufacturer, distributor, or importer which 1309 utilizes an identical blanket basic agreement for its dealers or 1310 distributors in this state, which agreement comprises all or any 1311 part of the applicants or licensees agreements with motor 1312 vehicle dealers in this state, a copy of the written agreement 1313 and all supplements thereto, together with a list of the 1314 applicants or licensees authorized dealers or distributors and 1315 their addresses. The applicant or licensee shall further notify 1316 the department immediately of the appointment of any additional 1317 dealer or distributor. The applicant or licensee shall annually 1318 report to the department on its efforts to add new minority 1319 dealer points, including difficulties encountered under ss. 1320 320.61-320.70. For purposes of this section minority shall 1321 have the same meaning as that given it in the definition of 1322 minority person in s. 760.80 s. 288.703. Not later than 60 1323 days before the date a revision or modification to a franchise 1324 agreement is offered uniformly to a licensees motor vehicle 1325 dealers in this state, the licensee shall notify the department 1326 of such revision, modification, or addition to the franchise 1327 agreement on file with the department. In no event may a 1328 franchise agreement, or any addendum or supplement thereto, be 1329 offered to a motor vehicle dealer in this state until the 1330 applicant or licensee files an affidavit with the department 1331 acknowledging that the terms or provisions of the agreement, or 1332 any related document, are not inconsistent with, prohibited by, 1333 or contrary to the provisions contained in ss. 320.60-320.70. 1334 Any franchise agreement offered to a motor vehicle dealer in 1335 this state shall provide that all terms and conditions in such 1336 agreement inconsistent with the law and rules of this state are 1337 of no force and effect. 1338 Section 40.Paragraph (a) of subsection (2) of section 1339 376.3072, Florida Statutes, is amended to read: 1340 376.3072Florida Petroleum Liability and Restoration 1341 Insurance Program. 1342 (2)(a)An owner or operator of a petroleum storage system 1343 may become an insured in the restoration insurance program at a 1344 facility if: 1345 1.A site at which an incident has occurred is eligible for 1346 restoration if the insured is a participant in the third-party 1347 liability insurance program or otherwise meets applicable 1348 financial responsibility requirements. After July 1, 1993, the 1349 insured must also provide the required excess insurance coverage 1350 or self-insurance for restoration to achieve the financial 1351 responsibility requirements of 40 C.F.R. s. 280.97, subpart H, 1352 not covered by paragraph (d). 1353 2.A site which had a discharge reported before January 1, 1354 1989, for which notice was given pursuant to s. 376.3071(10) and 1355 which is ineligible for the third-party liability insurance 1356 program solely due to that discharge is eligible for 1357 participation in the restoration program for an incident 1358 occurring on or after January 1, 1989, pursuant to subsection 1359 (3). Restoration funding for an eligible contaminated site will 1360 be provided without participation in the third-party liability 1361 insurance program until the site is restored as required by the 1362 department or until the department determines that the site does 1363 not require restoration. 1364 3.Notwithstanding paragraph (b), a site where an 1365 application is filed with the department before January 1, 1995, 1366 where the owner is a small business under s. 288.703(3) s. 1367 288.703(6), a Florida College System institution with less than 1368 2,500 FTE, a religious institution as defined by s. 1369 212.08(7)(m), a charitable institution as defined by s. 1370 212.08(7)(p), or a county or municipality with a population of 1371 less than 50,000, is eligible for up to $400,000 of eligible 1372 restoration costs, less a deductible of $10,000 for small 1373 businesses, eligible Florida College System institutions, and 1374 religious or charitable institutions, and $30,000 for eligible 1375 counties and municipalities, if: 1376 a.Except as provided in sub-subparagraph e., the facility 1377 was in compliance with department rules at the time of the 1378 discharge. 1379 b.The owner or operator has, upon discovery of a 1380 discharge, promptly reported the discharge to the department, 1381 and drained and removed the system from service, if necessary. 1382 c.The owner or operator has not intentionally caused or 1383 concealed a discharge or disabled leak detection equipment. 1384 d.The owner or operator proceeds to complete initial 1385 remedial action as specified in department rules. 1386 e.The owner or operator, if required and if it has not 1387 already done so, applies for third-party liability coverage for 1388 the facility within 30 days after receipt of an eligibility 1389 order issued by the department pursuant to this subparagraph. 1390 1391 However, the department may consider in-kind services from 1392 eligible counties and municipalities in lieu of the $30,000 1393 deductible. The cost of conducting initial remedial action as 1394 defined by department rules is an eligible restoration cost 1395 pursuant to this subparagraph. 1396 4.a.By January 1, 1997, facilities at sites with existing 1397 contamination must have methods of release detection to be 1398 eligible for restoration insurance coverage for new discharges 1399 subject to department rules for secondary containment. Annual 1400 storage system testing, in conjunction with inventory control, 1401 shall be considered to be a method of release detection until 1402 the later of December 22, 1998, or 10 years after the date of 1403 installation or the last upgrade. Other methods of release 1404 detection for storage tanks which meet such requirement are: 1405 (I)Interstitial monitoring of tank and integral piping 1406 secondary containment systems; 1407 (II)Automatic tank gauging systems; or 1408 (III)A statistical inventory reconciliation system with a 1409 tank test every 3 years. 1410 b.For pressurized integral piping systems, the owner or 1411 operator must use: 1412 (I)An automatic in-line leak detector with flow 1413 restriction meeting the requirements of department rules used in 1414 conjunction with an annual tightness or pressure test; or 1415 (II)An automatic in-line leak detector with electronic 1416 flow shut-off meeting the requirements of department rules. 1417 c.For suction integral piping systems, the owner or 1418 operator must use: 1419 (I)A single check valve installed directly below the 1420 suction pump if there are no other valves between the dispenser 1421 and the tank; or 1422 (II)An annual tightness test or other approved test. 1423 d.Owners of facilities with existing contamination that 1424 install internal release detection systems pursuant to sub 1425 subparagraph a. shall permanently close their external 1426 groundwater and vapor monitoring wells pursuant to department 1427 rules by December 31, 1998. Upon installation of the internal 1428 release detection system, such wells must be secured and taken 1429 out of service until permanent closure. 1430 e.Facilities with vapor levels of contamination meeting 1431 the requirements of or below the concentrations specified in the 1432 performance standards for release detection methods specified in 1433 department rules may continue to use vapor monitoring wells for 1434 release detection. 1435 f.The department may approve other methods of release 1436 detection for storage tanks and integral piping which have at 1437 least the same capability to detect a new release as the methods 1438 specified in this subparagraph. 1439 1440 Sites meeting the criteria of this subsection for which a site 1441 rehabilitation completion order was issued before June 1, 2008, 1442 do not qualify for the 2008 increase in site rehabilitation 1443 funding assistance and are bound by the pre-June 1, 2008, 1444 limits. Sites meeting the criteria of this subsection for which 1445 a site rehabilitation completion order was not issued before 1446 June 1, 2008, regardless of whether they have previously 1447 transitioned to nonstate-funded cleanup status, may continue 1448 state-funded cleanup pursuant to s. 376.3071(6) until a site 1449 rehabilitation completion order is issued or the increased site 1450 rehabilitation funding assistance limit is reached, whichever 1451 occurs first. 1452 Section 41.Paragraph (a) of subsection (1) of section 1453 394.47865, Florida Statutes, is amended to read: 1454 394.47865South Florida State Hospital; privatization. 1455 (1)The Department of Children and Families shall, through 1456 a request for proposals, privatize South Florida State Hospital. 1457 The department shall plan to begin implementation of this 1458 privatization initiative by July 1, 1998. 1459 (a)Notwithstanding s. 287.057(11) s. 287.057(14), the 1460 department may enter into agreements, not to exceed 20 years, 1461 with a private provider, a coalition of providers, or another 1462 agency to finance, design, and construct a treatment facility 1463 having up to 350 beds and to operate all aspects of daily 1464 operations within the facility. The department may subcontract 1465 any or all components of this procurement to a statutorily 1466 established state governmental entity that has successfully 1467 contracted with private companies for designing, financing, 1468 acquiring, leasing, constructing, and operating major privatized 1469 state facilities. 1470 Section 42.Paragraph (b) of subsection (2) and subsection 1471 (3) of section 402.7305, Florida Statutes, are amended to read: 1472 402.7305Department of Children and Families; procurement 1473 of contractual services; contract management. 1474 (2)PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES. 1475 (b)When it is in the best interest of a defined segment of 1476 its consumer population, the department may competitively 1477 procure and contract for systems of treatment or service that 1478 involve multiple providers, rather than procuring and 1479 contracting for treatment or services separately from each 1480 participating provider. The department must ensure that all 1481 providers that participate in the treatment or service system 1482 meet all applicable statutory, regulatory, service quality, and 1483 cost control requirements. If other governmental entities or 1484 units of special purpose government contribute matching funds to 1485 the support of a given system of treatment or service, the 1486 department shall formally request information from those funding 1487 entities in the procurement process and may take the information 1488 received into account in the selection process. If a local 1489 government contributes matching funds to support the system of 1490 treatment or contracted service and if the match constitutes at 1491 least 25 percent of the value of the contract, the department 1492 shall afford the governmental match contributor an opportunity 1493 to name an employee as one of the persons required by s. 1494 287.057(14) s. 287.057(17) to evaluate or negotiate certain 1495 contracts, unless the department sets forth in writing the 1496 reason why the inclusion would be contrary to the best interest 1497 of the state. Any employee so named by the governmental match 1498 contributor shall qualify as one of the persons required by s. 1499 287.057(14) s. 287.057(17). A governmental entity or unit of 1500 special purpose government may not name an employee as one of 1501 the persons required by s. 287.057(14) s. 287.057(17) if it, or 1502 any of its political subdivisions, executive agencies, or 1503 special districts, intends to compete for the contract to be 1504 awarded. The governmental funding entity or contributor of 1505 matching funds must comply with all procurement procedures set 1506 forth in s. 287.057 when appropriate and required. 1507 (3)CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.The 1508 Department of Children and Families shall review the time period 1509 for which the department executes contracts and shall execute 1510 multiyear contracts to make the most efficient use of the 1511 resources devoted to contract processing and execution. Whenever 1512 the department chooses not to use a multiyear contract, a 1513 justification for that decision must be contained in the 1514 contract. Notwithstanding s. 287.057(12) s. 287.057(15), the 1515 department is responsible for establishing a contract management 1516 process that requires a member of the departments Senior 1517 Management or Selected Exempt Service to assign in writing the 1518 responsibility of a contract to a contract manager. The 1519 department shall maintain a set of procedures describing its 1520 contract management process which must minimally include the 1521 following requirements: 1522 (a)The contract manager shall maintain the official 1523 contract file throughout the duration of the contract and for a 1524 period not less than 6 years after the termination of the 1525 contract. 1526 (b)The contract manager shall review all invoices for 1527 compliance with the criteria and payment schedule provided for 1528 in the contract and shall approve payment of all invoices before 1529 their transmission to the Department of Financial Services for 1530 payment. 1531 (c)The contract manager shall maintain a schedule of 1532 payments and total amounts disbursed and shall periodically 1533 reconcile the records with the states official accounting 1534 records. 1535 (d)For contracts involving the provision of direct client 1536 services, the contract manager shall periodically visit the 1537 physical location where the services are delivered and speak 1538 directly to clients receiving the services and the staff 1539 responsible for delivering the services. 1540 (e)The contract manager shall meet at least once a month 1541 directly with the contractors representative and maintain 1542 records of such meetings. 1543 (f)The contract manager shall periodically document any 1544 differences between the required performance measures and the 1545 actual performance measures. If a contractor fails to meet and 1546 comply with the performance measures established in the 1547 contract, the department may allow a reasonable period for the 1548 contractor to correct performance deficiencies. If performance 1549 deficiencies are not resolved to the satisfaction of the 1550 department within the prescribed time, and if no extenuating 1551 circumstances can be documented by the contractor to the 1552 departments satisfaction, the department must terminate the 1553 contract. The department may not enter into a new contract with 1554 that same contractor for the services for which the contract was 1555 previously terminated for a period of at least 24 months after 1556 the date of termination. The contract manager shall obtain and 1557 enforce corrective action plans, if appropriate, and maintain 1558 records regarding the completion or failure to complete 1559 corrective action items. 1560 (g)The contract manager shall document any contract 1561 modifications, which shall include recording any contract 1562 amendments as provided for in this section. 1563 (h)The contract manager shall be properly trained before 1564 being assigned responsibility for any contract. 1565 Section 43.Subsection (2) of section 408.045, Florida 1566 Statutes, is amended to read: 1567 408.045Certificate of need; competitive sealed proposals. 1568 (2)The agency shall make a decision regarding the issuance 1569 of the certificate of need in accordance with s. 287.057(14) the 1570 provisions of s. 287.057(17), rules adopted by the agency 1571 relating to intermediate care facilities for the developmentally 1572 disabled, and the criteria in s. 408.035, as further defined by 1573 rule. 1574 Section 44.Paragraph (a) of subsection (3) and subsection 1575 (6) of section 473.3065, Florida Statutes, are amended to read: 1576 473.3065Clay Ford Scholarship Program; Certified Public 1577 Accountant Education Minority Assistance Advisory Council. 1578 (3)The board shall adopt rules as necessary for 1579 administration of the Clay Ford Scholarship Program, including 1580 rules relating to the following: 1581 (a)Eligibility criteria for receipt of a scholarship, 1582 which, at a minimum, shall include the following factors: 1583 1.Financial need. 1584 2.Ethnic, gender, or racial minority status pursuant to s. 1585 760.80(2) s. 288.703(4). 1586 3.Scholastic ability and performance. 1587 (6)There is hereby created the Certified Public Accountant 1588 Education Minority Assistance Advisory Council to assist the 1589 board in administering the Clay Ford Scholarship Program. The 1590 council shall be diverse and representative of the gender, 1591 ethnic, and racial categories set forth in s. 760.80(2) s. 1592 288.703(4). 1593 (a)The council shall consist of five licensed Florida 1594 certified public accountants selected by the board, of whom one 1595 shall be a board member who serves as chair of the council, one 1596 shall be a representative of the National Association of Black 1597 Accountants, one shall be a representative of the Cuban American 1598 CPA Association, and two shall be selected at large. At least 1599 one member of the council must be a woman. 1600 (b)The board shall determine the terms for initial 1601 appointments and appointments thereafter. 1602 (c)Any vacancy on the council shall be filled in the 1603 manner provided for the selection of the initial member. Any 1604 member appointed to fill a vacancy of an unexpired term shall be 1605 appointed for the remainder of that term. 1606 (d)Three consecutive absences or absences constituting 50 1607 percent or more of the councils meetings within any 12-month 1608 period shall cause the council membership of the member in 1609 question to become void, and the position shall be considered 1610 vacant. 1611 (e)The members of the council shall serve without 1612 compensation, and any necessary and actual expenses incurred by 1613 a member while engaged in the business of the council shall be 1614 borne by such member or by the organization or agency such 1615 member represents. However, the council member who is a member 1616 of the board shall be compensated in accordance with ss. 1617 455.207(4) and 112.061. 1618 Section 45.Subsection (42) of section 570.07, Florida 1619 Statutes, is amended to read: 1620 570.07Department of Agriculture and Consumer Services; 1621 functions, powers, and duties.The department shall have and 1622 exercise the following functions, powers, and duties: 1623 (42)Notwithstanding s. 287.057(21) the provisions of s. 1624 287.057(24) that require all agencies to use the online 1625 procurement system developed by the Department of Management 1626 Services, the department may continue to use its own online 1627 system. However, vendors utilizing such system shall be 1628 prequalified as meeting mandatory requirements and 1629 qualifications and shall remit fees pursuant to s. 287.057(21) 1630 s. 287.057(24), and any rules implementing s. 287.057. 1631 Section 46.Paragraph (e) of subsection (6) of section 1632 627.351, Florida Statutes, is amended to read: 1633 627.351Insurance risk apportionment plans. 1634 (6)CITIZENS PROPERTY INSURANCE CORPORATION. 1635 (e)The corporation is subject to s. 287.057 for the 1636 purchase of commodities and contractual services except as 1637 otherwise provided in this paragraph. Services provided by 1638 tradepersons or technical experts to assist a licensed adjuster 1639 in the evaluation of individual claims are not subject to the 1640 procurement requirements of this section. Additionally, the 1641 procurement of financial services providers and underwriters 1642 must be made pursuant to s. 627.3513. Contracts for goods or 1643 services valued at or more than $100,000 are subject to approval 1644 by the board. 1645 1.The corporation is an agency for purposes of s. 287.057, 1646 except that, for purposes of s. 287.057(21) s. 287.057(24), the 1647 corporation is an eligible user. 1648 a.The authority of the Department of Management Services 1649 and the Chief Financial Officer under s. 287.057 extends to the 1650 corporation as if the corporation were an agency. 1651 b.The executive director of the corporation is the agency 1652 head under s. 287.057. The executive director of the corporation 1653 may assign or appoint a designee to act on his or her behalf. 1654 2.The corporation must provide notice of a decision or 1655 intended decision concerning a solicitation, contract award, or 1656 exceptional purchase by electronic posting. Such notice must 1657 contain the following statement: Failure to file a protest 1658 within the time prescribed in this section constitutes a waiver 1659 of proceedings. 1660 a.A person adversely affected by the corporations 1661 decision or intended decision to award a contract pursuant to s. 1662 287.057(1) or (3)(c) who elects to challenge the decision must 1663 file a written notice of protest with the executive director of 1664 the corporation within 72 hours after the corporation posts a 1665 notice of its decision or intended decision. For a protest of 1666 the terms, conditions, and specifications contained in a 1667 solicitation, including provisions governing the methods for 1668 ranking bids, proposals, replies, awarding contracts, reserving 1669 rights of further negotiation, or modifying or amending any 1670 contract, the notice of protest must be filed in writing within 1671 72 hours after posting the solicitation. Saturdays, Sundays, and 1672 state holidays are excluded in the computation of the 72-hour 1673 time period. 1674 b.A formal written protest must be filed within 10 days 1675 after the date the notice of protest is filed. The formal 1676 written protest must state with particularity the facts and law 1677 upon which the protest is based. Upon receipt of a formal 1678 written protest that has been timely filed, the corporation must 1679 stop the solicitation or contract award process until the 1680 subject of the protest is resolved by final board action unless 1681 the executive director sets forth in writing particular facts 1682 and circumstances that require the continuance of the 1683 solicitation or contract award process without delay in order to 1684 avoid an immediate and serious danger to the public health, 1685 safety, or welfare. 1686 (I)The corporation must provide an opportunity to resolve 1687 the protest by mutual agreement between the parties within 7 1688 business days after receipt of the formal written protest. 1689 (II)If the subject of a protest is not resolved by mutual 1690 agreement within 7 business days, the corporations board must 1691 transmit the protest to the Division of Administrative Hearings 1692 and contract with the division to conduct a hearing to determine 1693 the merits of the protest and to issue a recommended order. The 1694 contract must provide for the corporation to reimburse the 1695 division for any costs incurred by the division for court 1696 reporters, transcript preparation, travel, facility rental, and 1697 other customary hearing costs in the manner set forth in s. 1698 120.65(9). The division has jurisdiction to determine the facts 1699 and law concerning the protest and to issue a recommended order. 1700 The divisions rules and procedures apply to these proceedings. 1701 The protest must be heard by the division at a publicly noticed 1702 meeting in accordance with procedures established by the 1703 division. 1704 c.In a protest of an invitation-to-bid or request-for 1705 proposals procurement, submissions made after the bid or 1706 proposal opening which amend or supplement the bid or proposal 1707 may not be considered. In protesting an invitation-to-negotiate 1708 procurement, submissions made after the corporation announces 1709 its intent to award a contract, reject all replies, or withdraw 1710 the solicitation that amends or supplements the reply may not be 1711 considered. Unless otherwise provided by law, the burden of 1712 proof rests with the party protesting the corporations action. 1713 In a competitive-procurement protest, other than a rejection of 1714 all bids, proposals, or replies, the administrative law judge 1715 must conduct a de novo proceeding to determine whether the 1716 corporations proposed action is contrary to the corporations 1717 governing statutes, the corporations rules or policies, or the 1718 solicitation specifications. The standard of proof for the 1719 proceeding is whether the corporations action was clearly 1720 erroneous, contrary to competition, arbitrary, or capricious. In 1721 any bid-protest proceeding contesting an intended corporation 1722 action to reject all bids, proposals, or replies, the standard 1723 of review by the board is whether the corporations intended 1724 action is illegal, arbitrary, dishonest, or fraudulent. 1725 d.Failure to file a notice of protest or failure to file a 1726 formal written protest constitutes a waiver of proceedings. 1727 3.The agency head or his or her designee shall consider 1728 the recommended order of an administrative law judge and take 1729 final action on the protest. Any further legal remedy lies with 1730 the First District Court of Appeal. 1731 Section 47.Except as otherwise expressly provided in this 1732 act, this act shall take effect July 1, 2025.