HB 1339 — Department of Management Services

If otherwise exempt, employees of the Public Employees Relations Commission, the Commission on Human Relations, and the Reemployment Assistance Appeals Commission, upon the certification of their respective commission heads, may be provided for under this paragraph as members of the Senior Management Service, if otherwise qualified.

However, the deputy Page 4of 13 CODING:

hb1339-00hb1339-01-c1 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 HB1339CS/HB1339 2024 2.general counsel of the Public Employees Relations Commission shall be compensated as members of the Selected Exempt Service.

If otherwise exempt, employees of the Public Employees Relations Commission, the Commission on Human Relations, and the Reemployment Assistance Appeals Commission, upon the certification of their respective commission heads, may be provided for under this paragraph as members of the Senior Management Service, if otherwise qualified.

However, the deputy general counsel of the Public Employees Relations Commission shall be compensated as members of the Selected Exempt Service.

Unless otherwise fixed by law, the department shall establish the salaries and Pagebenefits 5offor 17these CODING:positions in accordance with the rules of the Selected Exempt Service.

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hb1339-00 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 HB1339 2024 benefits for these positions in accordance with the rules of the Selected Exempt Service.

the OfficePage of5of Insurance13 RegulationCODING: of the Financial Services Commission;

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hb1339-01-c1 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/HB1339 2024 Office of Insurance Regulation of the Financial Services Commission;

PageHowever, 6ofopen 17competition CODING:is not required when an employing agency is filling a position with an apprentice participating in an apprenticeship program as defined in s.

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hb1339-00 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 HB1339 2024 However, open competition is not required when an employing agency is filling a position with an apprentice participating in an apprenticeship program as defined in s.

217.07Page Transfer6of of13 surplusCODING: property assets to department.— The Chief Financial Officer is authorized to transfer to the department any funds unexpended in the Surplus Property Revolving Trust Fund account in the State Treasury.

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hb1339-01-c1 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/HB1339 2024 217.07 Transfer of surplus property assets to department.— The Chief Financial Officer is authorized to transfer to the department any funds unexpended in the Surplus Property Revolving Trust Fund account in the State Treasury.

SectionParagraph 217.22,(d) of subsection (15) of section 287.057, Florida Statutes, is createdamended to read:

217.22287.057 ExemptionProcurement fromof salescommodities taxor oncontractual donatedservices.— personal(15) property.—Notwithstanding(d) chapterEach 212,contract regardingmanager taxeswho onis theresponsible salefor contracts in excess of personal$10 property,million eligibleannually Unitedmust, Statesin Smalladdition Businessto Administration-approvedthe veteran-ownedtraining smallrequired businesses,in service-paragraph Page(b) 7ofand 17the CODING:training and certification required in paragraph (c), possess at least 3 5 years of experience managing contracts totaling at least in excess of $5 million annually.

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hb1339-00 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 HB1339 2024 disabled veteran-owned small businesses or businesses which participate in the United States Small Business Administration business development program, and other entities eligible to receive a distribution under the Federal Surplus Personal Property Donation Program are exempt from sales tax otherwise assessed pursuant to chapter 212 on any costs, charges, or fees assessed in connection with the transfer of personal property through the Federal Surplus Personal Property Donation Program.

PresentSection subsections287.084, (3) through (29) of section 287.012, Florida Statutes, are redesignated as subsections (4) through (30), respectively, and a new subsection (3) is addedamended toPage that7of section,13 toCODING: read:

287.012 Definitions.—As used in this part, the term:

(3) "Aircraft" means an airplane, a helicopter, or other machine capable of flight.

The term does not include unmanned aircraft systems as defined in s.

330.41(2) or drones as defined in s.

934.50(2).

Section 6.

Paragraph (e) of subsection (3) and paragraph (d) of subsection (15) of section 287.057, Florida Statutes, are amended 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.

287.017 for CATEGORY TWO, purchase of commodities or contractual services Page 8of 17 CODING:

hb1339-00hb1339-01-c1 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 HB1339CS/HB1339 2024 mayto notread: be made without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies unless:

(e) The following contractual services and commodities are not subject to the competitive-solicitation requirements of this section:

1.

Artistic services.

As used in this subsection, the term "artistic services" does not include advertising or typesetting.

As used in this subparagraph, the term "advertising" means the making of a representation in any form in connection with a trade, business, craft, or profession in order to promote the supply of commodities or services by the person promoting the commodities or contractual services.

2.

Academic program reviews if the fee for such services does not exceed $50,000.

3.

Lectures by individuals.

4.

Legal services, including attorney, paralegal, expert witness, appraisal, or mediator services.

5.

Health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration.

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 are offered to eligible individuals participating in a specific program that qualifies multiple providers and uses a standard Page 9of 17 CODING:

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hb1339-00 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 HB1339 2024 payment methodology.

Reimbursement of administrative costs for providers of services purchased in this manner are also exempt.

For purposes of this subparagraph, the term "providers" means health professionals and health facilities, or organizations that deliver or arrange for the delivery of health services.

6.

Services provided to persons with mental or physical disabilities by not-for-profit corporations that have obtained exemptions under s.

501(c)(3) of the United States Internal Revenue Code or when such services are governed by Office of Management and Budget Circular A-122.

However, in acquiring such services, the agency shall consider the ability of the vendor, past performance, willingness to meet time requirements, and price.

7.

Medicaid services delivered to an eligible Medicaid recipient unless the agency is directed otherwise in law.

8.

Family placement services.

9.

Prevention services related to mental health, including drug abuse prevention programs, child abuse prevention programs, and shelters for runaways, operated by not-for-profit corporations.

However, in acquiring such services, the agency shall consider the ability of the vendor, past performance, willingness to meet time requirements, and price.

10.

Training and education services provided to injured employees pursuant to s.

440.491(6).

11.

Contracts entered into pursuant to s.

337.11.

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hb1339-00 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 HB1339 2024 12.

Services or commodities provided by governmental entities.

13.

Statewide public service announcement programs provided by a Florida statewide nonprofit corporation under s.

501(c)(6) of the Internal Revenue Code which have a guaranteed documented match of at least $3 to $1.

14.

Aircraft maintenance, repairs, modifications, systems, parts, and other related components.

(15) (d) Each contract manager who is responsible for contracts in excess of $10 million annually must, in addition to the training required in paragraph (b) and the training and certification required in paragraph (c), possess at least 3 5 years of experience managing contracts totaling at least in excess of $5 million annually.

Section 7.

Section 287.084, Florida Statutes, is amended to read:

Page(b) 11Maintains of17a CODING:physical location in this state.

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hb1339-00 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 HB1339 2024 (b) Maintains a physical location in this state.

(2) For all competitive solicitations for contracts for commodities andor contractual services with an annual value in excess of the threshold amount provided for CATEGORY TWO in s.

287.017, an agency must considerapply a 5-percent price preference for bidsa andbid proposalsor proposal from vendorsa vendor whose principal placesplace of business areis in this state.

287.057(1)(c), an agency must considerapply a 5-percent preference forto vendorsthe total score of a vendor whose principal placesplace of business areis in this statestate, provided that a price increase resulting from applying such preference may not exceed 15 percent, and must disclose thissuch preference in the stated goals of an invitation to negotiate in order to determine best value.

(3) WhenFor two or more bids, proposals, or replies for competitive solicitations for contracts for commodities and contractual services are submitted by vendors whose principal places of business are in this state, and when all things stated in such bids, proposals, or repliesPage are8of equal13 withCODING: respect to price, quality, and service, the following preferences must be granted in the following order:

(a) To a vendor whose goods are manufactured and assembled in their entirety in this state.

A vendor may not substitute end products that would otherwise not qualify for this preference after the award of the contract or during the contract term unless pricing or availability of supply is affected by extreme Page 12 of17 CODING:

hb1339-00hb1339-01-c1 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 HB1339CS/HB1339 2024 andcontractual unforeseenservices volatility in excess of the marketplace.threshold amount provided for CATEGORY TWO in s.

(b)287.017, Toan aagency vendormust thatgive manufacturespriority ain largerthe percentagefollowing order for bids, proposals, or replies submitted by vendors whose principal places of itsbusiness goodsare in this state.state, and when all things stated in such bids, proposals, or replies are equal with respect to price, quality, and service:

(c)(a) To athe vendor thatwhose employsgoods theare greatermanufactured numberand ofassembled individualsin domiciledtheir entirety in this state.

(4)A Forvendor allmay competitivenot solicitationssubstitute forend contractsproducts forthat commoditieswould andotherwise contractualnot servicesqualify withfor ansuch annualpreference valueafter inthe excessaward of the thresholdcontract amountor forduring CATEGORYthe TWOcontract term unless pricing or availability of supply is affected by extreme and unforeseen volatility in s.the marketplace.

287.017,(b) anTo agencythe mustvendor considerthat manufactures a pricelarger preferencepercentage for bids and proposals from vendors whose principal places of businessits aregoods in thethis Unitedstate. States.

(c) To the vendor that employs the greater number of individuals domiciled in this state.

(4) For all competitive solicitations for commodities or contractual services in excess of the threshold amount provided for CATEGORY TWO in s.

287.017, an agency must apply a 5-percent price preference for a bid or proposal from a vendor whose principal place of business is in the United States.

287.057(1)(c), an agency must considerapply a 5-percent preference forto vendorsthe whosetotal principalscore places of businessa arevendor inwhose theprincipal Unitedplace Statesof andbusiness mustis disclose this preference in the statedUnited goalsPage of9of an13 invitationCODING: to negotiate in order to determine best value.

For vendors whose principal places of business are in this state, this preference must be calculated after the preference provided in subsection (2).

(5) When two or more bids, proposals, or replies for competitive solicitations for contracts for commodities and contractual services are submitted by vendors whose principal places of business are in the United States, and when all things stated in such bids, proposals, or replies are equal with respect to price, quality, and service, the following preferences must be granted in the following order:

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hb1339-00hb1339-01-c1 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 HB1339CS/HB1339 2024 (a)States, Toprovided that a vendorprice whoseincrease goodsresulting arefrom manufacturedapplying such preference may not exceed 15 percent, and assembledmust indisclose theirsuch entiretypreference in the Unitedstated States.goals of an invitation to negotiate in order to determine best value.

A(5) vendorFor maycompetitive notsolicitations substitute end products that would otherwise not qualify for thiscommodities preference after the award of the contract or duringcontractual theservices contractin termexcess unless pricing or availability of supplythe isthreshold affectedamount byprovided extremefor andCATEGORY unforeseenTWO volatility in thes. marketplace.

(b)287.017, Toan aagency vendormust thatgive manufacturespriority ain largerthe percentagefollowing order for bids, proposals, or replies submitted by vendors whose principal places of itsbusiness goodsare in the United States.States, and when all things stated in such bids, proposals, or replies are equal with respect to price, quality, and service:

(c)(a) To athe vendor thatwhose employsgoods theare greatermanufactured numberand ofassembled individualsin domiciledtheir entirety in this state, and if such vendor does not exist, then in the United States.

(6)A Preferencesvendor appliedmay undernot thissubstitute sectionend haveproducts precedencethat overwould thoseotherwise appliednot pursuantqualify tofor s.such preference after the award of the contract or during the contract term unless pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace.

287.092.(b) To the vendor that manufactures a larger percentage of its goods in this state, and if such vendor does not exist, then in the United States.

(7)(c) AnTo agencythe mayvendor alsothat applyemploys athe preferencegreater uponnumber receipt and review of documentationindividuals submitteddomiciled byin athis vendorstate, establishingand thatif thesuch vendor'svendor supply chain does not produceexist, commoditiesthen resultingin from the use of child or forced labor as those terms are defined by the Bureau of International Labor Affairs of the United StatesStates. Department of Labor.

(1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political Page 1410 of17of13 CODING:

hb1339-00hb1339-01-c1 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 HB1339CS/HB1339 2024 subdivision(6) thereofPreferences whichapplied grantsunder a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this statesection shallhave awardprecedence aover preferencethose toapplied thepursuant lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to thes. preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business.

287.092.

(1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business.

(b) Paragraph (a) does not apply to transportation projectsPage for11 whichof13 federalCODING: aid funds are available.

(c) As used in this section, the term "other political subdivision of this state" does not include counties or municipalities.

(2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if Page 15 of17 CODING:

hb1339-00hb1339-01-c1 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 HB1339CS/HB1339 2024 anyprojects orfor none,which grantedfederal byaid thefunds law of that state to its own business entities whose principal places of business are inavailable. that foreign state in the letting of any or all public contracts.

(8)(3)(a)(c) AAs vendorused whose principal place of business is in this statesection, maythe notterm be"other precludedpolitical fromsubdivision being an authorized reseller of informationthis technologystate" commoditiesdoes ofnot ainclude statecounties contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or itsmunicipalities. equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract.

(9)(b)(2) ThisA sectionvendor subsectionwhose appliesprincipal toplace of business is outside this state must accompany any solicitationwritten bid, proposal, or renewalreply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state contractto executedits onown orbusiness afterentities Septemberwhose 1,principal 2024places Julyof 1,business 2012.are in that foreign state in the letting of any or all public contracts.

(7)(3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or its equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract.

(8)(b) This section subsection applies to any solicitation or renewal of any state contract executed on or after October 1, 2024 July 1, 2012.

Section 8.6.

Section 287.0841, Florida Statutes, is created toPage read:12 of13 CODING:

287.0841 Florida Venture Capital Program preference.—In addition to the preferences considered in s.

287.084, for all competitive solicitations for contracts for commodities and contractual services with an annual value in excess of the threshold amount for CATEGORY TWO in s.

287.017, an agency must consider a price preference for bids and proposals from vendors that have obtained investments from the Florida Venture Capital Page 16 of17 CODING:

hb1339-00hb1339-01-c1 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 HB1339CS/HB1339 2024 Program provided by the Florida Opportunity Fund pursuant to s.read:

287.0841 Florida Opportunity Fund preference.—In addition to the preferences considered in s.

287.084, for competitive solicitations for commodities or contractual services in excess of the threshold amount provided for CATEGORY TWO in s.

287.017, an agency must apply a 5-percent price preference for a bid or proposal from a vendor that currently holds or maintains an investment from the Florida Opportunity Fund pursuant to s.

SectionFor 9.competitive solicitations pursuant to s.

287.057(1)(c), an agency must apply a 5-percent preference to the total score of a vendor that currently holds or maintains an investment from the Florida Opportunity Fund pursuant to s.

288.9624, provided that a price increase resulting from applying such preference may not exceed 15 percent, and must disclose such preference in the stated goals of an invitation to negotiate in order to determine best value.

Section 7.

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