Florida Senate - 2025                                    SB 1276
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00814A-25                                          20251276__
    1                        A bill to be entitled                      
    2         An act relating to procurement compliance; amending s.
    3         287.042, F.S.; authorizing the Department of
    4         Management Services to grant governmental entities
    5         access to electronic systems for specified purposes;
    6         amending s. 287.138, F.S.; authorizing governmental
    7         entities to use certain information to determine
    8         compliance with provisions prohibiting contracting
    9         with entities of foreign countries of concern;
   10         specifying actions that a governmental entity may take
   11         if an entity submits a false affidavit; providing that
   12         certain determinations do not constitute
   13         determinations or intended determination subject to
   14         certain protest; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (c) is added to subsection (6) of
   19  section 287.042, Florida Statutes, to read:
   20         287.042 Powers, duties, and functions.—The department shall
   21  have the following powers, duties, and functions:
   22         (6)
   23         (c) To grant governmental entities, as defined in s.
   24  287.138, access to electronic systems that provide background
   25  information on vendors seeking to do business with the state.
   26         Section 2. Present subsections (5), (6), and (7) of section
   27  287.138, Florida Statutes, are redesignated as subsections (6),
   28  (7), and (8), respectively, a new subsection (5) is added to
   29  that section, and present subsection (6) of that section is
   30  amended, to read:
   31         287.138 Contracting with entities of foreign countries of
   32  concern prohibited.—
   33         (5) A governmental entity may use information in its
   34  possession, including information acquired through electronic
   35  systems made available by the department, to verify that the
   36  affidavit is true and accurate. If the governmental entity
   37  determines that an affidavit submitted as part of a competitive
   38  solicitation is not true and accurate, the governmental entity
   39  may determine that the vendor is not a responsible or responsive
   40  vendor susceptible of award. A determination that an affidavit
   41  required under this section is not true and accurate, or a
   42  determination that a vendor is not responsible or responsive,
   43  does not constitute a decision or intended decision that is
   44  subject to protest under s. 120.57(3).
   45         (7)(6) Any penalties collected under subsection (6) (5)
   46  must be deposited into the General Revenue Fund.
   47         Section 3. This act shall take effect upon becoming a law.