Senate Bill sb1784c3

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    Florida Senate - 2005             CS for CS for CS for SB 1784

    By the Committees on General Government Appropriations;
    Governmental Oversight and Productivity; Regulated Industries;
    and Senators Clary and Crist



    601-2058-05

  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; amending s. 287.17, F.S.; revising the

  9         limitation on the use of state aircraft;

10         providing an effective date.

11  

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

13  

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

15  paragraph (a) of subsection (3), and paragraphs (b) and (c) of

16  subsection (4) of section 287.055, Florida Statutes, are

17  amended, and paragraph (l) is added to subsection (2) of that

18  section, to read:

19         287.055  Acquisition of professional architectural,

20  engineering, landscape architectural, or surveying and mapping

21  services; definitions; procedures; contingent fees prohibited;

22  penalties.--

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

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

25  agency for professional services regardless of whether stated

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

27  other figures or formulas from which compensation can be

28  calculated.

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

30  professional services entered into in accordance with all the

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

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    Florida Senate - 2005             CS for CS for CS for SB 1784
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 1  the firm provides professional services to the agency for

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

 3  for study activity when the fee for such professional service

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

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

 6  limitation except that the contract must provide a termination

 7  clause. Firms providing professional services under continuing

 8  contracts shall not be required to bid against one another.

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

10  conduct legitimate, arms length discussions and conferences to

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

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

13  schedules with no alternatives or discussion.

14         (3)  PUBLIC ANNOUNCEMENT AND QUALIFICATION

15  PROCEDURES.--

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

17  uniform and consistent manner, each occasion when professional

18  services must be purchased for a project the basic

19  construction cost of which is estimated by the agency to

20  exceed the threshold amount provided in s. 287.017 for

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

22  for professional services exceeds the threshold amount

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

24  valid public emergencies certified by the agency head. The

25  public notice must include a general description of the

26  project and must indicate how interested consultants may apply

27  for consideration.

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

29  determining whether the proposed activity meets the threshold

30  amounts referred to in this paragraph.

31         (4)  COMPETITIVE SELECTION.--

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 1         (b)  The agency shall select in order of preference no

 2  fewer than three firms deemed to be the most highly qualified

 3  to perform the required services. In determining whether a

 4  firm is qualified, the agency shall consider such factors as

 5  the ability of professional personnel; whether a firm is a

 6  certified minority business enterprise; past performance;

 7  willingness to meet time and budget requirements; location;

 8  recent, current, and projected workloads of the firms; and the

 9  volume of work previously awarded to each firm by the agency,

10  with the object of effecting an equitable distribution of

11  contracts among qualified firms, provided such distribution

12  does not violate the principle of selection of the most highly

13  qualified firms. The agency may request, accept, and consider

14  proposals for the compensation to be paid under the contract

15  only during competitive negotiations under subsection (5).

16         (c)  This subsection does not apply to a professional

17  service contract for a project the basic construction cost of

18  which is estimated by the agency to be not in excess of the

19  threshold amount provided in s. 287.017 for CATEGORY FIVE or

20  for a planning or study activity when the fee for professional

21  services is not in excess of the threshold amount provided in

22  s. 287.017 for CATEGORY TWO. However, if, in using another

23  procurement process, the majority of the compensation proposed

24  by firms is in excess of the appropriate threshold amount, the

25  agency shall reject all proposals and reinitiate the

26  procurement pursuant to this subsection.

27         Section 2.  Section 287.17, Florida Statutes, is

28  amended to read:

29         (Substantial rewording of section. See

30         section 287.17, F.S., for present text.)

31  

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    Florida Senate - 2005             CS for CS for CS for SB 1784
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 1         287.17  Limitation on use of motor vehicles and

 2  aircraft.-- 

 3         (1)  The aircraft and motor vehicles owned, leased, or

 4  operated by any state agency, as defined in s. 287.012, shall

 5  be available for official state business only as authorized by

 6  agency heads, as defined in s. 287.012.

 7         (2)  The following criteria shall be considered in

 8  determining appropriate uses of motor vehicles and aircraft:

 9         (a)  Whether the use of a motor vehicle or aircraft is

10  necessary to carry out state official or employee job

11  assignments.

12         (b)  Whether the use of a motor vehicle or aircraft is

13  for transporting an employee, state official, or other person

14  authorized by the agency head for purposes of conducting

15  official state business or for purposes of performing services

16  for the state.

17         (c)  Whether the Department of Law Enforcement has been

18  directed by the agency head to provide security or

19  transportation pursuant to s. 943.68.

20         (d)  Whether an emergency exists requiring the use of a

21  motor vehicle or aircraft for the protection of life or

22  property.

23         (3)(a)  The term "official state business" may not be

24  construed to permit the use of a motor vehicle or aircraft for

25  commuting purposes, unless special assignment of a motor

26  vehicle is authorized as a perquisite by the Department of

27  Management Services, required by an employee after normal duty

28  hours to perform duties of the position to which assigned, or

29  authorized for an employee whose home is the official base of

30  operation.

31  

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    Florida Senate - 2005             CS for CS for CS for SB 1784
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 1         (b)  For motor vehicles used by a state employee whose

 2  duties are those of a law enforcement officer, as defined in

 3  s. 943.10, the term "official state business" shall be

 4  construed to permit the use of the vehicle during normal duty

 5  hours to and from lunch or meal breaks and incidental stops

 6  for personal errands, but not substantial deviations from

 7  official state business, if such use is at the direction of or

 8  with the permission of the agency head.

 9         (4)  An agency head, as defined in s. 287.012, shall

10  comply with the following criteria for the special assignment

11  of motor vehicles:

12         (a)  An agency head may assign a motor vehicle to a

13  state officer or employee only if the officer or employee is

14  projected to drive the motor vehicle a minimum of 10,000 miles

15  annually on official state business, unless an agency head

16  annually provides written justification for the need of the

17  assignment of a motor vehicle. Commuting mileage incidental to

18  use of the motor vehicle on official state business shall be

19  excluded from calculating the projected mileage. Priority in

20  assigning motor vehicles shall be given to those employees who

21  drive over 15,000 miles annually on state business.

22         (b)  An agency head may assign motor vehicles to state

23  officers and employees who perform duties related to law

24  enforcement. However, the agency head shall not assign a

25  pursuit motor vehicle to an officer or employee whose job

26  duties do not routinely require performance of a patrol or law

27  enforcement function requiring a pursuit vehicle.

28         (5)  Each state agency's head shall, by December 31,

29  2000, conduct a review of motor vehicle utilization with

30  oversight from the agency's inspector general. This review

31  shall consist of two parts. The first part of the review shall

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    Florida Senate - 2005             CS for CS for CS for SB 1784
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 1  determine the number of miles that each assigned motor vehicle

 2  has been driven on official state business in the past fiscal

 3  year. Commuting mileage shall be excluded from calculating

 4  vehicle use. The purpose of this review is to determine

 5  whether employees with assigned motor vehicles are driving the

 6  vehicles a sufficient number of miles to warrant continued

 7  vehicle assignment. The second part of the review shall

 8  identify employees who have driven personal vehicles

 9  extensively on state business in the past fiscal year. The

10  purpose of this review is to determine whether it would be

11  cost-effective to provide state motor vehicles to such

12  employees. In making this determination, the inspector general

13  shall use the break-even mileage criteria developed by the

14  Department of Management Services. A copy of the review shall

15  be presented to the Office of Program Policy Analysis and

16  Government Accountability.

17         (6)  A person who is not otherwise authorized in this

18  section may accompany the Governor, the Lieutenant Governor, a

19  member of the Cabinet, the President of the Senate, the

20  Speaker of the House of Representatives, or the Chief Justice

21  of the Supreme Court when such official is traveling on state

22  aircraft for official state business and the aircraft is

23  traveling with seats available. Transportation of a person

24  accompanying any official specified in this subsection shall

25  be approved by the official, who shall also guarantee payment

26  of the transportation charges. When the person accompanying

27  such official is not traveling on official state business as

28  provided in this section, the transportation charge shall be a

29  prorated share of all fixed and variable expenses related to

30  the ownership, operation, and use of such state aircraft. The

31  spouse or immediate family members of any official specified

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    Florida Senate - 2005             CS for CS for CS for SB 1784
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 1  in this subsection may, without payment of transportation

 2  charges, accompany the official when such official is

 3  traveling for official state business and the aircraft has

 4  seats available.

 5         (7)  It is the intention of the Legislature that

 6  persons traveling on state aircraft for purposes consistent

 7  with, but not necessarily constituting, official state

 8  business may travel only when accompanying persons who are

 9  traveling on official state business and that such persons

10  shall pay the state for all costs associated with such travel.

11  A person traveling on state aircraft for purposes other than

12  official state business shall pay for any trip not exclusively

13  for state business by paying a prorated share of all fixed and

14  variable expenses related to the ownership, operation, and use

15  of such aircraft.

16         Section 3.  This act shall take effect July 1, 2005.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                      CS for CS for SB 1784

20                                 

21  Restores bill language to current law in s. 287.055(4)(b),
    F.S., regarding the acquisition of professional services.
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