Senate Bill sb1784

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    Florida Senate - 2005                                  SB 1784

    By Senator Clary





    4-495-05                                            See HB 601

  1                      A bill to be entitled

  2         An act relating to professional services

  3         acquisition; amending s. 287.055, F.S.;

  4         revising certain definitions; defining the term

  5         "negotiate"; providing additional criteria for

  6         processing bids to purchase professional

  7         services which exceed certain threshold

  8         amounts; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraphs (d) and (g) of subsection (2)

13  and paragraph (a) of subsection (3) of section 287.055,

14  Florida Statutes, are amended, and paragraph (l) is added to

15  subsection (2) of that section, to read:

16         287.055  Acquisition of professional architectural,

17  engineering, landscape architectural, or surveying and mapping

18  services; definitions; procedures; contingent fees prohibited;

19  penalties.--

20         (2)  DEFINITIONS.--For purposes of this section:

21         (d)  "Compensation" means the total amount paid by the

22  agency for professional services regardless of whether stated

23  as compensation or stated as hourly rates, overhead rates, or

24  other figures or formulas from which compensation can be

25  calculated.

26         (g)  A "continuing contract" is a contract for

27  professional services entered into in accordance with all the

28  procedures of this act between an agency and a firm whereby

29  the firm provides professional services to the agency for

30  projects in which construction costs do not exceed $1 million,

31  for study activity when the fee for such professional service

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    Florida Senate - 2005                                  SB 1784
    4-495-05                                            See HB 601




 1  does not exceed $50,000, or for work of a specified nature as

 2  outlined in the contract required by the agency, with no time

 3  limitation except that the contract must provide a termination

 4  clause. Professionals under continuing contracts shall not be

 5  required to bid against one another.

 6         (l)  "Negotiate" or any form of that word means to

 7  conduct legitimate, arms length discussions and conferences to

 8  reach an agreement on a term or price. For purposes of this

 9  section, the term does not include presentation of flat-fee

10  schedules with no alternatives or discussion.

11         (3)  PUBLIC ANNOUNCEMENT AND QUALIFICATION

12  PROCEDURES.--

13         (a)1.  Each agency shall publicly announce, in a

14  uniform and consistent manner, each occasion when professional

15  services must be purchased for a project the basic

16  construction cost of which is estimated by the agency to

17  exceed the threshold amount provided in s. 287.017 for

18  CATEGORY FIVE or for a planning or study activity when the fee

19  for professional services exceeds the threshold amount

20  provided in s. 287.017 for CATEGORY TWO, except in cases of

21  valid public emergencies certified by the agency head. The

22  public notice must include a general description of the

23  project and must indicate how interested consultants may apply

24  for consideration.

25         2.  Each agency shall provide a good faith estimate in

26  determining whether the proposed activity meets the threshold

27  amounts referred to in this paragraph.

28         3.  If an agency determines that a proposed activity

29  does not meet the monetary thresholds referred to in this

30  paragraph and proceeds to solicit bids for the activity, and

31  if the average of all of the responsive bids actually received

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    Florida Senate - 2005                                  SB 1784
    4-495-05                                            See HB 601




 1  by the agency exceeds such thresholds for the specified

 2  activity, the agency shall reject all bids and proceed in

 3  accordance with the provisions of this section.

 4         Section 2.  This act shall take effect July 1, 2005.

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CODING: Words stricken are deletions; words underlined are additions.