Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. HB 7087, 2nd Eng.
       
       
       
       
       
       
                                Barcode 593852                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  03/07/2012           .                                
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       The Committee on Budget Subcommittee on Finance and Tax (Norman)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 444 and 445
    4  insert:
    5         Section 8. Section 283.35, Florida Statutes, is amended to
    6  read:
    7         283.35 Preference given printing within the state.—Every
    8  agency shall give preference to vendors located within the state
    9  When awarding a contract contracts to have materials printed,
   10  the agency, county, municipality, school district, or other
   11  political subdivision of this state awarding the contract shall
   12  grant a preference to the lowest responsible and responsive
   13  vendor having a principal place of business within this state.
   14  The preference shall be 5 percent if the lowest bid is submitted
   15  by a vendor whose principal place of business is located outside
   16  the state and if the whenever such printing can be performed in
   17  this state done at no greater expense than the expense of
   18  awarding a contract to a vendor located outside the state and
   19  can be done at a level of quality comparable to that obtainable
   20  from the a vendor submitting the lowest bid located outside the
   21  state.
   22         Section 9. Paragraph (f) of subsection (3) of section
   23  287.057, Florida Statutes, is amended to read:
   24         287.057 Procurement of commodities or contractual
   25  services.—
   26         (3) When the purchase price of commodities or contractual
   27  services exceeds the threshold amount provided in s. 287.017 for
   28  CATEGORY TWO, no purchase of commodities or contractual services
   29  may be made without receiving competitive sealed bids,
   30  competitive sealed proposals, or competitive sealed replies
   31  unless:
   32         (f) The following contractual services and commodities are
   33  not subject to the competitive-solicitation requirements of this
   34  section:
   35         1. Artistic services. For the purposes of this subsection,
   36  the term “artistic services” does not include advertising or
   37  typesetting. As used in this subparagraph, the term
   38  “advertising” means the making of a representation in any form
   39  in connection with a trade, business, craft, or profession in
   40  order to promote the supply of commodities or services by the
   41  person promoting the commodities or contractual services.
   42         2. Academic program reviews if the fee for such services
   43  does not exceed $50,000.
   44         3. Lectures by individuals.
   45         4. Legal services, including attorney, paralegal, expert
   46  witness, appraisal, or mediator services.
   47         5.a. Health services involving examination, diagnosis,
   48  treatment, prevention, medical consultation, or administration.
   49         b. Beginning January 1, 2011, health services, including,
   50  but not limited to, substance abuse and mental health services,
   51  involving examination, diagnosis, treatment, prevention, or
   52  medical consultation, when such services are offered to eligible
   53  individuals participating in a specific program that qualifies
   54  multiple providers and uses a standard payment methodology.
   55  Reimbursement of administrative costs for providers of services
   56  purchased in this manner shall also be exempt. For purposes of
   57  this sub-subparagraph, “providers” means health professionals,
   58  health facilities, or organizations that deliver or arrange for
   59  the delivery of health services.
   60         6. Services provided to persons with mental or physical
   61  disabilities by not-for-profit corporations which have obtained
   62  exemptions under the provisions of s. 501(c)(3) of the United
   63  States Internal Revenue Code or when such services are governed
   64  by the provisions of Office of Management and Budget Circular A
   65  122. However, in acquiring such services, the agency shall
   66  consider the ability of the vendor, past performance,
   67  willingness to meet time requirements, and price.
   68         7. Medicaid services delivered to an eligible Medicaid
   69  recipient unless the agency is directed otherwise in law.
   70         8. Family placement services.
   71         9. Prevention services related to mental health, including
   72  drug abuse prevention programs, child abuse prevention programs,
   73  and shelters for runaways, operated by not-for-profit
   74  corporations. However, in acquiring such services, the agency
   75  shall consider the ability of the vendor, past performance,
   76  willingness to meet time requirements, and price.
   77         10. Training and education services provided to injured
   78  employees pursuant to s. 440.491(6).
   79         11. Contracts entered into pursuant to s. 337.11.
   80         12. Services or commodities provided by governmental
   81  agencies.
   82         13. A statewide public service announcement program
   83  provided by a Florida statewide nonprofit corporation under s.
   84  501(c)(6) of the Internal Revenue Code, with a guaranteed
   85  documented match of at least $3 to $1.
   86         Section 10. Section 287.084, Florida Statutes, is amended
   87  to read:
   88         287.084 Preference to Florida businesses.—
   89         (1)(a) When an agency, county, municipality, school
   90  district, or other political subdivision of the state is
   91  required to make purchases of personal property through
   92  competitive solicitation and the lowest responsible and
   93  responsive bid, proposal, or reply is by a vendor whose
   94  principal place of business is in a state or political
   95  subdivision thereof which grants a preference for the purchase
   96  of such personal property to a person whose principal place of
   97  business is in such state, then the agency, county,
   98  municipality, school district, or other political subdivision of
   99  this state shall may award a preference to the lowest
  100  responsible and responsive vendor having a principal place of
  101  business within this state, which preference is equal to the
  102  preference granted by the state or political subdivision thereof
  103  in which the lowest responsible and responsive vendor has its
  104  principal place of business. In a competitive solicitation in
  105  which the lowest bid is submitted by a vendor whose principal
  106  place of business is located outside the state and that state
  107  does not grant a preference in competitive solicitation to
  108  vendors having a principal place of business in that state, the
  109  preference to the lowest responsible and responsive vendor
  110  having a principal place of business in this state shall be 5
  111  percent.
  112         (b) Paragraph (a) However, this section does not apply to
  113  transportation projects for which federal aid funds are
  114  available.
  115         (2) If a solicitation provides for the granting of such
  116  preference as is provided in this section, Any vendor whose
  117  principal place of business is outside the State of Florida must
  118  accompany any written bid, proposal, or reply documents with a
  119  written opinion of an attorney at law licensed to practice law
  120  in that foreign state, as to the preferences, if any or none,
  121  granted by the law of that state to its own business entities
  122  whose principal places of business are in that foreign state in
  123  the letting of any or all public contracts.
  124  
  125  ================= T I T L E  A M E N D M E N T ================
  126         And the title is amended as follows:
  127         Delete line 32
  128  and insert:
  129         certain circumstances; amending s. 283.35, F.S.;
  130         requiring an agency, county, municipality, school
  131         district, or other political subdivision of the state
  132         to grant a specified preference to a vendor located
  133         within the state when awarding a contract for
  134         printing; specifying the percentage of preference to
  135         be granted; amending s. 287.057, F.S.; providing that
  136         certain statewide public service announcement programs
  137         are not subject to the competitive-solicitation
  138         requirements under certain circumstances; amending s.
  139         287.084, F.S.; requiring, rather than authorizing, an
  140         agency, county, municipality, school district, or
  141         other political subdivision of the state in making
  142         purchases of personal property through competitive
  143         solicitation to award a preference to the lowest
  144         responsible and responsive vendor having a principal
  145         place of business within this state under specified
  146         circumstances; specifying the percentage of preference
  147         to be granted; providing nonapplicability; amending s.
  148         288.1254, F.S.;