Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. HB 7087, 2nd Eng.
       
       
       
       
       
       
                                Barcode 227968                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1c/RE/2R         .                                
             03/09/2012 01:48 PM       .                                
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment to Amendment (401580) (with title
    2  amendment)
    3  
    4         Between lines 732 and 733
    5  insert:
    6         Section 12. Section 283.35, Florida Statutes, is amended to
    7  read:
    8         283.35 Preference given printing within the state.—Every
    9  agency shall give preference to vendors located within the state
   10  When awarding a contract contracts to have materials printed,
   11  the agency, university, college, school district, or other
   12  political subdivision of this state awarding the contract shall
   13  grant a preference to the lowest responsible and responsive
   14  vendor having a principal place of business within this state.
   15  The preference shall be 5 percent if the lowest bid is submitted
   16  by a vendor whose principal place of business is located outside
   17  the state and if the whenever such printing can be performed in
   18  this state done at no greater expense than the expense of
   19  awarding a contract to a vendor located outside the state and
   20  can be done at a level of quality comparable to that obtainable
   21  from the a vendor submitting the lowest bid located outside the
   22  state. As used in this section, the term “other political
   23  subdivision of this state” does not include counties or
   24  municipalities.
   25         Section 13. Paragraph (f) of subsection (3) of section
   26  287.057, Florida Statutes, is amended to read:
   27         287.057 Procurement of commodities or contractual
   28  services.—
   29         (3) When the purchase price of commodities or contractual
   30  services exceeds the threshold amount provided in s. 287.017 for
   31  CATEGORY TWO, no purchase of commodities or contractual services
   32  may be made without receiving competitive sealed bids,
   33  competitive sealed proposals, or competitive sealed replies
   34  unless:
   35         (f) The following contractual services and commodities are
   36  not subject to the competitive-solicitation requirements of this
   37  section:
   38         1. Artistic services. For the purposes of this subsection,
   39  the term “artistic services” does not include advertising or
   40  typesetting. As used in this subparagraph, the term
   41  “advertising” means the making of a representation in any form
   42  in connection with a trade, business, craft, or profession in
   43  order to promote the supply of commodities or services by the
   44  person promoting the commodities or contractual services.
   45         2. Academic program reviews if the fee for such services
   46  does not exceed $50,000.
   47         3. Lectures by individuals.
   48         4. Legal services, including attorney, paralegal, expert
   49  witness, appraisal, or mediator services.
   50         5.a. Health services involving examination, diagnosis,
   51  treatment, prevention, medical consultation, or administration.
   52         b. Beginning January 1, 2011, health services, including,
   53  but not limited to, substance abuse and mental health services,
   54  involving examination, diagnosis, treatment, prevention, or
   55  medical consultation, when such services are offered to eligible
   56  individuals participating in a specific program that qualifies
   57  multiple providers and uses a standard payment methodology.
   58  Reimbursement of administrative costs for providers of services
   59  purchased in this manner shall also be exempt. For purposes of
   60  this sub-subparagraph, “providers” means health professionals,
   61  health facilities, or organizations that deliver or arrange for
   62  the delivery of health services.
   63         6. Services provided to persons with mental or physical
   64  disabilities by not-for-profit corporations which have obtained
   65  exemptions under the provisions of s. 501(c)(3) of the United
   66  States Internal Revenue Code or when such services are governed
   67  by the provisions of Office of Management and Budget Circular A
   68  122. However, in acquiring such services, the agency shall
   69  consider the ability of the vendor, past performance,
   70  willingness to meet time requirements, and price.
   71         7. Medicaid services delivered to an eligible Medicaid
   72  recipient unless the agency is directed otherwise in law.
   73         8. Family placement services.
   74         9. Prevention services related to mental health, including
   75  drug abuse prevention programs, child abuse prevention programs,
   76  and shelters for runaways, operated by not-for-profit
   77  corporations. However, in acquiring such services, the agency
   78  shall consider the ability of the vendor, past performance,
   79  willingness to meet time requirements, and price.
   80         10. Training and education services provided to injured
   81  employees pursuant to s. 440.491(6).
   82         11. Contracts entered into pursuant to s. 337.11.
   83         12. Services or commodities provided by governmental
   84  agencies.
   85         13. Statewide public service announcement programs provided
   86  by a Florida statewide nonprofit corporation under s. 501(c)(6)
   87  of the Internal Revenue Code, with a guaranteed documented match
   88  of at least $3 to $1.
   89         Section 14. Section 287.084, Florida Statutes, is amended
   90  to read:
   91         287.084 Preference to Florida businesses.—
   92         (1)(a) When an agency, university, college, county,
   93  municipality, school district, or other political subdivision of
   94  the state is required to make purchases of personal property
   95  through competitive solicitation and the lowest responsible and
   96  responsive bid, proposal, or reply is by a vendor whose
   97  principal place of business is in a state or political
   98  subdivision thereof which grants a preference for the purchase
   99  of such personal property to a person whose principal place of
  100  business is in such state, then the agency, university, college
  101  county, municipality, school district, or other political
  102  subdivision of this state shall may award a preference to the
  103  lowest responsible and responsive vendor having a principal
  104  place of business within this state, which preference is equal
  105  to the preference granted by the state or political subdivision
  106  thereof in which the lowest responsible and responsive vendor
  107  has its principal place of business. In a competitive
  108  solicitation in which the lowest bid is submitted by a vendor
  109  whose principal place of business is located outside the state
  110  and that state does not grant a preference in competitive
  111  solicitation to vendors having a principal place of business in
  112  that state, the preference to the lowest responsible and
  113  responsive vendor having a principal place of business in this
  114  state shall be 5 percent.
  115         (b) Paragraph (a) However, this section does not apply to
  116  transportation projects for which federal aid funds are
  117  available.
  118         (c) As used in this section, the term “other political
  119  subdivision of this state” does not include counties or
  120  municipalities.
  121         (2) If a solicitation provides for the granting of such
  122  preference as is provided in this section, A Any vendor whose
  123  principal place of business is outside this the state of Florida
  124  must accompany any written bid, proposal, or reply documents
  125  with a written opinion of an attorney at law licensed to
  126  practice law in that foreign state, as to the preferences, if
  127  any or none, granted by the law of that state to its own
  128  business entities whose principal places of business are in that
  129  foreign state in the letting of any or all public contracts.
  130         (3)(a) A vendor whose principal place of business is in
  131  this state may not be precluded from being an authorized
  132  reseller of information technology commodities of a state
  133  contractor as long as the vendor demonstrates that it employs an
  134  internationally recognized quality management system, such as
  135  ISO 9001 or its equivalent, and provides a warranty on the
  136  information technology commodities which is, at a minimum, of
  137  equal scope and length as that of the contract.
  138         (b) This subsection applies to any renewal of any state
  139  contract executed on or after July 1, 2012.
  140  
  141  ================= T I T L E  A M E N D M E N T ================
  142         And the title is amended as follows:
  143         Delete line 1253
  144  and insert:
  145         imposed on banks and savings associations; amending s.
  146         283.35, F.S.; requiring an agency, university,
  147         college, school district, or other political
  148         subdivision of the state to grant a specified
  149         preference to a vendor located within the state when
  150         awarding a contract for printing; specifying the
  151         percentage of preference to be granted; amending s.
  152         287.057, F.S.; providing an exception to the
  153         requirement for competitive solicitation of
  154         contractual services and commodities for public
  155         service announcement programs provided by certain
  156         nonprofit corporations; amending s. 287.084, F.S.;
  157         requiring, rather than authorizing, an agency,
  158         university, college, school district, or other
  159         political subdivision of the state in making purchases
  160         of personal property through competitive solicitation
  161         to award a preference to the lowest responsible and
  162         responsive vendor having a principal place of business
  163         within this state under specified circumstances;
  164         specifying the percentage of preference to be granted;
  165         providing nonapplicability; prohibiting the preclusion
  166         of a vendor whose principal place of business is in
  167         this state from being an authorized reseller of
  168         information technology commodities of state
  169         contractors, under certain circumstances; amending s.