Bill Text: FL H5603 | 2011 | Regular Session | Introduced

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Bill Title: Department of Management Services

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-07 - Read 3rd time -HJ 470 [H5603 Detail]

Download: Florida-2011-H5603-Introduced.html

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HB 5603

1	A bill to be entitled
2	An act relating to the Department of Management Services;
3	amending s. 110.181, F.S.; revising provisions relating to
4	reimbursement of the department for actual costs of
5	coordinating the Florida State Employees' Charitable
6	Campaign; amending ss. 287.042 and 287.057, F.S.;
7	providing for the transfer of funds generated by fees
8	collected for the use of the department's online
9	procurement systems and electronic information services
10	from the department to the Department of Financial
11	Services to support statewide purchasing operations;
12	establishing the amount of transfer; providing for annual
13	transfer of specified excess revenue from fees collected
14	for the use of such systems and services to the General
15	Revenue Fund; setting an annual limitation on the cash
16	balance in the Operating Trust Fund of the department;
17	amending s. 287.16, F.S.; eliminating a duty of the
18	department to provide an annual report concerning
19	utilization of aircraft in the executive aircraft pool;
20	repealing s. 287.161, F.S., which establishes the
21	executive aircraft pool within the department and provides
22	procedures and requirements with respect thereto;
23	terminating the Bureau of Aircraft Trust Fund within the
24	department; providing for the disposition of balances in
25	and revenues of the trust fund; prescribing procedures for
26	terminating the trust fund; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Paragraph (b) of subsection (2) of section
31	110.181, Florida Statutes, is amended to read:
32	110.181  Florida State Employees' Charitable Campaign.-
33	(2)  SELECTION OF FISCAL AGENTS; COST.-
34	(b)  The fiscal agent shall withhold the reasonable costs
35	for conducting the campaign and for accounting and distribution
36	to the participating organizations and shall reimburse the
37	department the actual cost, not to exceed 1 percent of gross
38	pledges, for coordinating the campaign in accordance with the
39	rules of the department. In any fiscal year in which the
40	Legislature specifically appropriates to the department its
41	total costs for coordinating the campaign from the General
42	Revenue Fund, the fiscal agent is not required to reimburse such
43	costs to the department under this subsection. Otherwise,
44	reimbursement will be the difference between actual costs and
45	the amount appropriated.
46	Section 2.  Paragraph (h) of subsection (1) of section
47	287.042, Florida Statutes, is amended to read:
48	287.042  Powers, duties, and functions.-The department
49	shall have the following powers, duties, and functions:
50	(1)
51	(h)1.  The department may collect fees for the use of its
52	electronic information services. The fees may be imposed on an
53	individual transaction basis or as a fixed subscription for a
54	designated period of time. At a minimum, the fees shall be
55	determined in an amount sufficient to cover the department's
56	projected costs of the services, including overhead in
57	accordance with the policies of the Department of Management
58	Services for computing its administrative assessment. All fees
59	collected under this paragraph shall be deposited in the
60	Operating Trust Fund for disbursement as provided by law.
61	2.  The department shall transfer funds generated by fees
62	collected for the use of the department's electronic information
63	services from the Purchasing Oversight Account in the Operating
64	Trust Fund to the Administrative Trust Fund in the Department of
65	Financial Services to support statewide purchasing operations.
66	The amount of transfer shall be established each year in the
67	department's nonoperating budget based upon the estimated cost
68	of statewide purchasing operations provided by the Department of
69	Financial Services and may not exceed $1 million.
70	3.  The department shall calculate by June 5 each year the
71	amount of fees collected pursuant to subparagraph 1. remaining
72	in the Operating Trust Fund after satisfaction of all
73	obligations and encumbrances to cover the costs of providing
74	services pursuant to subparagraph 1. and shall transfer the
75	excess revenue to the General Revenue Fund before June 30 of
76	each year. The cash balance in the Operating Trust Fund on June
77	30 of each year may not exceed $1.25 million.
78	Section 3.  Paragraph (c) of subsection (22) of section
79	287.057, Florida Statutes, is amended to read:
80	287.057  Procurement of commodities or contractual
81	services.-
82	(22)  The department, in consultation with the Agency for
83	Enterprise Information Technology and the Comptroller, shall
84	develop a program for online procurement of commodities and
85	contractual services. To enable the state to promote open
86	competition and to leverage its buying power, agencies shall
87	participate in the online procurement program, and eligible
88	users may participate in the program. Only vendors prequalified
89	as meeting mandatory requirements and qualifications criteria
90	may participate in online procurement.
91	(c)  The department may impose and shall collect all fees
92	for the use of the online procurement systems.
93	1.  The fees may be imposed on an individual transaction
94	basis or as a fixed percentage of the cost savings generated. At
95	a minimum, the fees must be set in an amount sufficient to cover
96	the projected costs of the services, including administrative
97	and project service costs in accordance with the policies of the
98	department.
99	2.  If the department contracts with a provider for online
100	procurement, the department, pursuant to appropriation, shall
101	compensate the provider from the fees after the department has
102	satisfied all ongoing costs. The provider shall report
103	transaction data to the department each month so that the
104	department may determine the amount due and payable to the
105	department from each vendor.
106	3.  All fees that are due and payable to the state on a
107	transactional basis or as a fixed percentage of the cost savings
108	generated are subject to s. 215.31 and must be remitted within
109	40 days after receipt of payment for which the fees are due. For
110	fees that are not remitted within 40 days, the vendor shall pay
111	interest at the rate established under s. 55.03(1) on the unpaid
112	balance from the expiration of the 40-day period until the fees
113	are remitted.
114	4.  All fees and surcharges collected under this paragraph
115	shall be deposited in the Operating Trust Fund for disbursement
116	as provided by law.
117	5.  The department shall transfer funds generated by fees
118	collected for the use of the department's online procurement
119	systems from the Purchasing Oversight Account in the Operating
120	Trust Fund to the Administrative Trust Fund in the Department of
121	Financial Services to support statewide purchasing operations.
122	The amount of transfer shall be established each year in the
123	department's nonoperating budget based upon the estimated cost
124	of statewide purchasing operations provided by the Department of
125	Financial Services and may not exceed $1 million.
126	6.  The department shall calculate by June 5 each year the
127	amount of fees collected pursuant to subparagraph 1. remaining
128	in the Operating Trust Fund after satisfaction of all
129	obligations and encumbrances to cover the costs of providing
130	services pursuant to subparagraph 1. and shall transfer the
131	excess revenue to the General Revenue Fund before June 30 of
132	each year. The cash balance in the Operating Trust Fund on June
133	30 of each year may not exceed $1.25 million.
134	Section 4.  Subsection (10) of section 287.16, Florida
135	Statutes, is amended, and subsections (11) and (12) of that
136	section are renumbered as subsections (10) and (11),
137	respectively, to read:
138	287.16  Powers and duties of department.-The Department of
139	Management Services shall have the following powers, duties, and
140	responsibilities:
141	(10)  To provide the Legislature annual reports at the end
142	of each calendar year concerning the utilization of all aircraft
143	in the executive pool.
144	Section 5.  Section 287.161, Florida Statutes, is repealed.
145	Section 6.  (1)  The Bureau of Aircraft Trust Fund within
146	the Department of Management Services, FLAIR number 72-2-066, is
147	terminated on November 1, 2011.
148	(2)  All current balances remaining in, and all revenues
149	of, the Bureau of Aircraft Trust Fund on the date of termination
150	shall be transferred to the General Revenue Fund.
151	(3)  The Department of Management Services shall pay any
152	outstanding debts and obligations of the terminated fund as soon
153	as practicable, and the Chief Financial Officer shall close out
154	and remove the terminated fund from various state accounting
155	systems using generally accepted accounting principles
156	concerning warrants outstanding, assets, and liabilities.
157	Section 7.  This act shall take effect July 1, 2011.

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