CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 867
Amendment No. 01s (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Community Affairs offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 255.20, Florida Statutes, is
18 amended to read:
19 255.20 Local bids and contracts for public
20 construction works; specification of state-produced lumber.--
21 (1) A county, municipality, special district as
22 defined in chapter 189, or other political subdivision of the
23 state seeking to construct or improve a public building,
24 structure, or other public construction works must
25 competitively award to an appropriately licensed contractor
26 each project that is estimated in accordance with generally
27 accepted cost-accounting principles to have total construction
28 project costs of more than $200,000. For electrical work,
29 local government must competitively award to an appropriately
30 licensed contractor each project that is estimated in
31 accordance with generally accepted cost-accounting principles
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HOUSE AMENDMENT
Bill No. HB 867
Amendment No. 01s (for drafter's use only)
1 to have a cost of more than $50,000. As used in this section,
2 the term "competitively award" means to award contracts based
3 on the submission of sealed bids, proposals submitted in
4 response to a request for proposal, proposals submitted in
5 response to a request for qualifications, or proposals
6 submitted for competitive negotiation. This subsection
7 expressly allows contracts for construction management
8 services, design/build contracts, continuation contracts based
9 on unit prices, and any other contract arrangement with a
10 private sector contractor permitted by any applicable
11 municipal or county ordinance, by district resolution, or by
12 state law. For purposes of this section, construction costs
13 include the cost of all labor, except inmate labor, and
14 include the cost of equipment and materials to be used in the
15 construction of the project. Subject to the provisions of
16 subsection (3), the county, municipality, special district, or
17 other political subdivision may establish, by municipal or
18 county ordinance or special district resolution, procedures
19 for conducting the bidding process.
20 (a) The provisions of this subsection do not apply:
21 1. When the project is undertaken to replace,
22 reconstruct, or repair an existing facility damaged or
23 destroyed by a sudden unexpected turn of events, such as an
24 act of God, riot, fire, flood, accident, or other urgent
25 circumstances, and such damage or destruction creates:
26 a. An immediate danger to the public health or safety;
27 b. Other loss to public or private property which
28 requires emergency government action; or
29 c. An interruption of an essential governmental
30 service.
31 2. When, after notice by publication in accordance
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HOUSE AMENDMENT
Bill No. HB 867
Amendment No. 01s (for drafter's use only)
1 with the applicable ordinance or resolution, the governmental
2 entity does not receive any responsive bids or responses.
3 3. To construction, remodeling, repair, or improvement
4 to a public electric or gas utility system when such work on
5 the public utility system is performed by personnel of the
6 system.
7 4. To construction, remodeling, repair, or improvement
8 by a utility commission whose major contracts are to construct
9 and operate a public electric utility system.
10 5. When the project is undertaken as repair or
11 maintenance of an existing public facility.
12 6. When the project is undertaken exclusively as part
13 of a public educational program.
14 7. When the funding source of the project will be
15 diminished or lost because the time required to competitively
16 award the project after the funds become available exceeds the
17 time within which the funding source must be spent.
18 8. When the local government has competitively awarded
19 a project to a private sector contractor and the contractor
20 has abandoned the project before completion or the local
21 government has terminated the contract.
22 9. When the governing board of the local government,
23 after public notice, conducts a public meeting under s.
24 286.011 and finds by a majority vote of the governing board
25 that it is in the public's best interest to perform the
26 project using its own services, employees, and equipment. The
27 public notice must be published at least 14 days prior to the
28 date of the public meeting at which the governing board takes
29 final action to apply this subparagraph. The notice must
30 identify the project, the estimated cost of the project and
31 specify that the purpose for the public meeting is to consider
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HOUSE AMENDMENT
Bill No. HB 867
Amendment No. 01s (for drafter's use only)
1 whether it is in the public's best interest to perform the
2 project using the local government's own services, employees,
3 and equipment. In deciding whether it is in the public's best
4 interest for local government to perform a project using its
5 own services, employees, and equipment, the governing board
6 may consider the cost of the project, whether the project
7 requires an increase in the number of government employees, an
8 increase in capital expenditures for public facilities,
9 equipment or other capital assets, the impact on local
10 economic development, the impact on small and minority
11 business owners, the impact on state and local tax revenues,
12 whether the private sector contractors provide health
13 insurance and other benefits equivalent to those provided by
14 the local government, and any other factor relevant to what is
15 in the public's best interest.
16 10. When the governing board of the local government
17 determines upon consideration of specific substantive criteria
18 and administrative procedures that it is in the best interest
19 of the local government to award the project to an
20 appropriately licensed private sector contractor according to
21 procedures established by and expressly set forth in a
22 charter, ordinance, or resolution of the local government
23 adopted prior to July 1, 1994. The criteria and procedures
24 must be set out in the charter, ordinance, or resolution and
25 must be applied uniformly by the local government to avoid
26 award of any project in an arbitrary or capricious manner.
27 This exception shall apply when all of the following occur:
28 a. When the governing board of the local government,
29 after public notice, conducts a public meeting under s.
30 286.011 and finds by a two-thirds vote of the governing board
31 that it is in the public's best interest to award the project
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HOUSE AMENDMENT
Bill No. HB 867
Amendment No. 01s (for drafter's use only)
1 according to the criteria and procedures established by
2 charter, ordinance, or resolution. The public notice must be
3 published at least 14 days prior to the date of the public
4 meeting at which the governing board takes final action to
5 apply this subparagraph. The notice must identify the
6 project, the estimated cost of the project, and specify that
7 the purpose for the public meeting is to consider whether it
8 is in the public's best interest to award the project using
9 the criteria and procedures method permitted by the
10 preexisting ordinance.
11 b. In the event the project is to be awarded by any
12 method other than a competitive selection process, the
13 governing board must find evidence that:
14 (I) There is one appropriately licensed contractor who
15 is uniquely qualified to undertake the project because that
16 contractor is currently under contract to perform work that is
17 affiliated with the project; or
18 (II) The time to competitively award the project will
19 jeopardize the funding for the project, or will materially
20 increase the cost of the project or will create an undue
21 hardship on the public health, safety, or welfare.
22 c. In the event the project is to be awarded by any
23 method other than a competitive selection process, the
24 published notice must clearly specify the ordinance or
25 resolution method by which the private sector contractor will
26 be selected and the criteria to be considered.
27 d. In the event the project is to be awarded by a
28 method other than a competitive selection process, the
29 architect or engineer of record has provided a written
30 recommendation that the project be awarded to the private
31 sector contractor without competitive selection; and the
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HOUSE AMENDMENT
Bill No. HB 867
Amendment No. 01s (for drafter's use only)
1 consideration by, and the justification of, the government
2 body are documented, in writing, in the project file and the
3 findings and documentation required by s. 255.04(2) and (3)
4 are presented to the governing board prior to the approval
5 required in this paragraph.
6 (b)1. If the project is to be awarded based on price,
7 the contract must be awarded to the lowest qualified and
8 responsive bidder in accordance with the applicable county or
9 municipal ordinance or district resolution and in accordance
10 with the applicable contract documents. The county,
11 municipality, or special district may reserve the right to
12 reject all bids and to rebid the project or elect not to
13 proceed with the project. This subsection is not intended to
14 restrict the rights of any local government to reject the low
15 bid of a nonqualified or nonresponsive bidder and to award the
16 contract to any other qualified and responsive bidder in
17 accordance with the standards and procedures of any applicable
18 county or municipal ordinance or any resolution of a special
19 district.
20 2. If the project uses a request for proposal or a
21 request for qualifications, the request must be publicly
22 advertised and the contract must be awarded in accordance with
23 the applicable local ordinances.
24 3. If the project is subject to competitive
25 negotiations, the contract must be awarded in accordance with
26 s. 287.055.
27 (c) If a construction project greater than $200,000,
28 or $50,000 for electrical work, is started after July 1,
29 1996, and is to be performed by a local government using its
30 own employees in a county or municipality that issues
31 registered contractor licenses and the project would require a
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HOUSE AMENDMENT
Bill No. HB 867
Amendment No. 01s (for drafter's use only)
1 licensed contractor under chapter 489 if performed by a
2 private sector contractor, the local government must use a
3 person appropriately registered or certified under chapter 489
4 to supervise the work.
5 (d) If a construction project greater than $200,000,
6 or $50,000 for electrical work, is started after July 1, 1996,
7 and is to be performed by a local government using its own
8 employees in a county that does not issue registered
9 contractor licenses and the project would require a licensed
10 contractor under chapter 489 if performed by a private sector
11 contractor, the local government must use a person
12 appropriately registered or certified under chapter 489 or a
13 person appropriately licensed under chapter 471 to supervise
14 the work.
15 (e) Projects performed by a local government using its
16 own services and employees must be inspected in the same
17 manner as inspections required for work performed by private
18 sector contractors.
19 (f) A construction project provided for in this
20 subsection may not be divided into more than one project for
21 the purpose of evading this subsection.
22 (g) This subsection does not preempt the requirements
23 of any small-business or disadvantaged-business enterprise
24 program or any local-preference ordinance.
25 (2) The threshold amount of $200,000 for construction
26 or $50,000 for electrical work must be adjusted by the
27 percentage change in the Consumer Price Index from January 1,
28 1994, to January 1 of the year in which the project is
29 scheduled to begin.
30 (3) All county officials, boards of county
31 commissioners, school boards, city councils, city
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HOUSE AMENDMENT
Bill No. HB 867
Amendment No. 01s (for drafter's use only)
1 commissioners, and all other public officers of state boards
2 or commissions that are charged with the letting of contracts
3 for public work, for the construction of public bridges,
4 buildings, and other structures must always specify lumber,
5 timber, and other forest products produced and manufactured in
6 this state whenever such products are available and their
7 price, fitness, and quality are equal. This subsection does
8 not apply when plywood specified for monolithic concrete
9 forms, when the structural or service requirements for timber
10 for a particular job cannot be supplied by native species, or
11 when the construction is financed in whole or in part from
12 federal funds with the requirements that there be no
13 restrictions as to species or place of manufacture.
14 (4) Any qualified contractor or vendor who could have
15 been awarded the project had the project been competitively
16 bid shall have standing to challenge the propriety of the
17 local government's actions when the local government seeks to
18 invoke the provisions of this section. The prevailing party
19 in such action shall be entitled to recover its reasonable
20 attorney's fees.
21 Section 2. This act shall take effect October 1, 1999.
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 1, lines 6-8
27 remove from the title of the bill: all of said lines
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29 and insert in lieu thereof:
30 electrical work; providing the certain
31 qualified contractors or vendors shall have
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