HB 7073 — Government Integrity

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed awards.—1 2018 (1)(a) The Department of Management Services shall adopt rules that prescribe procedures and promote a savings sharing program for an individual or group of employees who propose procedures or ideas that are adopted and that result in eliminating or reducing state expenditures, including employees reporting under the Whistle-blower's Act, if such proposals are placed in effect and may be implemented under current statutory authority.

(a) A statement that bonuses are subject to specific Pageappropriation 15by ofthe 33Legislature. CODING:

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hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, Engrossed 1 2018 appropriation(b) byEligibility thecriteria Legislature.as follows:

(b) Eligibility criteria as follows:

(d) A process for peer input that is fair, respectful of Page 16 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed (d)1 A2018 process for peer input that is fair, respectful of employees, and affects the outcome of the bonus distribution.

(a) A career service employee shall receive 10 percent of Page 17 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed (a)1 A2018 career service employee shall receive 10 percent of the savings or recovery certified, but not less than $500 and not more than a total of $50,000 for whistle-blower reports in any 1 year.

employee remedy and relief.— (2) LEGISLATIVE INTENT.—It is the intent of the Page 18 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed (2)1 LEGISLATIVE2018 INTENT.—It is the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public's health, safety, or welfare.

(b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent Pagecontractor. 19 of 33 CODING:

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hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, Engrossed 1 2018 contractor.Section 8.

Section 8.

or (b) Has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty may not be disclosed to anyone other than a member of the Chief Inspector General's, agency inspector general's, internal auditor's, local chief executive officer's, or other appropriate local official's staff without the written consent of the individual, unless the Chief Inspector General, internal auditor, agency inspector general, local chief executive Pageofficer, 20or ofother 33appropriate CODING:local official determines that:

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hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, Engrossed 1 2018 officer,the disclosure of the individual's identity is necessary to prevent a substantial and specific danger to the public's health, safety, or otherwelfare appropriateor localto officialprevent determinesthe that:imminent commission of a crime;

the disclosure of the individual's identity is necessary to prevent a substantial and specific danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime;

(4) If the Chief Inspector General or agency inspector general under subsection (3) determines that the information Page 21 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed general1 under2018 subsection (3) determines that the information disclosed is not the type of information described in s.

216.011, and that the information disclosed demonstrates reasonable cause to suspect that an employee or agent of an agency or independent contractor has violated any federal, state, or local law, rule, Page 22 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed contractor1 has2018 violated any federal, state, or local law, rule, or regulation, thereby creating a substantial and specific danger to the public's health, safety, or welfare, or has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty, the Chief Inspector General or agency inspector general making such determination shall then conduct an investigation, unless the Chief Inspector General or the agency inspector general determines, within 30 days after receiving the allegations from the complainant, that such investigation is unnecessary.

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Whether another agency may be conducting an Page 23 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, Engrossed 1 2018 5.investigation and whether any investigation under this section could be duplicative.

Whether another agency may be conducting an investigation and whether any investigation under this section could be duplicative.

Coordinate with the Chief Inspector General in the Executive Office of the Governor and the Florida Commission on Human Relations to receive, review, and forward to appropriate Page 24 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed Human1 Relations2018 to receive, review, and forward to appropriate agencies, legislative entities, or the Department of Law Enforcement disclosures of a violation of any law, rule, or regulation, or disclosures of gross mismanagement, malfeasance, misfeasance, nonfeasance, neglect of duty, or gross waste of public funds.

Intervene or otherwise participate, as a matter of right, in any appeal or other proceeding arising under this section before the Public Employees Relations Commission or any other appropriate agency, except that the Florida Commission on Page 25 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed other1 appropriate2018 agency, except that the Florida Commission on Human Relations must comply with the rules of the commission or other agency and may not seek corrective action or intervene in an appeal or other proceeding without the consent of the person protected under ss.

SectionIf 12.such compensation is pursuant to a retainer agreement for contractual legal services provided to a state or local agency and compensation is due before the end of the contract period invoiced, the documentation required by this section may be satisfied by documenting the contractual services rendered in the immediately preceding contract period, provided the agreement and related invoices are public records accessible to the general public.

ParagraphIf (e)a ofcontractor subsectionrefuses (3)in andwriting subsection (9) of section 287.057, Florida Statutes, are amended, and new subsections (24) and (25) are added to thatPage section,26 toof read:33 CODING:

287.057 Procurement of commodities or contractual services.— (3) If the purchase price of commodities or contractual Page 26 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, Engrossed 1 2018 servicesprovide exceedssuch documentation without an amendment to the thresholdcontract, amountthis providedprovision indoes s.not apply to compensation under the contract until 1 year following the effective date of this act.

Section 12.

Paragraph (e) of subsection (3) and subsection (9) of section 287.057, Florida Statutes, are amended, and new subsections (24) and (25) are added to that section, to read:

287.057 Procurement of commodities or contractual services.— (3) If the purchase price of commodities or contractual services exceeds the threshold amount provided in s.

Academic program reviews if the fee for such services doesPage not27 exceedof $50,000.33 CODING:

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hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB , Engrossed 1 2018 does not exceed $50,000.

The term also includes, but is not limited to, substance abuse and mental health services involving examination, diagnosis, treatment, prevention, or medical consultation if such services Pageare 27offered ofto 33eligible CODING:individuals participating in a specific program that qualifies multiple providers and uses a standard payment methodology.

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hb7073-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7073 2018 are offered to eligible individuals participating in a specific program that qualifies multiple providers and uses a standard payment methodology.

Medicaid services delivered to an eligible Medicaid recipientPage unless28 theof agency33 isCODING: directed otherwise in law.

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words underlined are additions.

hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB , Engrossed 1 2018 recipient unless the agency is directed otherwise in law.

Training and education services provided to injured Pageemployees 28pursuant ofto 33s. CODING:

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hb7073-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7073 2018 employees pursuant to s.

(24)(a) For any contract in excess of $50,000 that is awarded through an invitation to negotiate or awarded without competitive solicitation under paragraph (3)(c) or paragraph (3)(e) or subsection (10), the proposal, offer, or response of the contractor must include a good faith estimate of gross profitPage for29 each year of the33 proposedCODING: contract, including renewal years.

If, in determining the good faith estimate of gross profit, the contractor includes the cost of products or services expected to be provided by a participant closely associated with the contractor, the contractor must also identify such participant, describe the association, and provide a good faith estimate of gross profit for such participant for each year of the contract, which must be attested to by an authorized representative of the participant.

The agency must, before Page 29 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, 2018Engrossed awarding1 the2018 contract, make a written determination that the estimated gross profit isfor noteach excessiveyear andof specify the reasonsproposed forcontract, suchincluding determination.renewal years.

If, in determining the good faith estimate of gross profit, the contractor includes the cost of products or services expected to be provided by a participant closely associated with the contractor, the contractor must also identify such participant, describe the association, and provide a good faith estimate of gross profit for such participant for each year of the contract, which must be attested to by an authorized representative of the participant.

The agency must, before awarding the contract, make a written determination that the estimated gross profit is not excessive and specify the reasons for such determination.

"Good faith estimate of gross profit" means a good faithPage estimate30 of the33 totalCODING: receipts expected under the contract less the cost of providing contracted commodities and services under the contract, not including overhead costs.

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hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB , Engrossed 1 2018 faith estimate of the total receipts expected under the contract less the cost of providing contracted commodities and services under the contract, not including overhead costs.

Page(25) 30Notwithstanding any other provision of 33law, CODING:a state employee who is registered to lobby the Legislature, other than an agency head, may not participate in the negotiation or award of any contract required or expressly funded under a specific legislative appropriation or proviso in an appropriation act.

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hb7073-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7073 2018 (25) Notwithstanding any other provision of law, a state employee who is registered to lobby the Legislature, other than an agency head, may not participate in the negotiation or award of any contract required or expressly funded under a specific legislative appropriation or proviso in an appropriation act.

1001.42 Powers and duties of district school board.—The district school board, acting as a board, shall exercise all powersPage and31 performof all33 dutiesCODING: listed below:

(12) FINANCE.—Take steps to assure students adequate educational facilities through the financial procedure authorized in chapters 1010 and 1011 and as prescribed below:

(b) Annual budget.— 1.

Cause to be prepared, adopt, and have submitted to the Department of Education as required by law and rules of the State Board of Education, the annual school budget, such budget to be so prepared and executed as to promote the improvement of Page 31 of 33 CODING:

hb7073-02-c2hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB 7073, Engrossed 1 2018 thepowers districtand schoolperform system.all duties listed below:

(12) FINANCE.—Take steps to assure students adequate educational facilities through the financial procedure authorized in chapters 1010 and 1011 and as prescribed below:

(b) Annual budget.— 1.

Cause to be prepared, adopt, and have submitted to the Department of Education as required by law and rules of the State Board of Education, the annual school budget, such budget to be so prepared and executed as to promote the improvement of the district school system.

b.Page 32 of 33 CODING:

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hb7073-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/CS/HB , Engrossed 1 2018 b.

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hb7073-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7073 2018 2.

Any person responsible for furnishing or producing any book, record, paper, document, data, or sufficient information necessary to conduct ana authorizedproper audit or examination bywhich the internal auditor is by law authorized to perform is subject to the provisions of s.

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