CS/HB 1451

1	A bill to be entitled
2	An act relating to procurement of personal property and
3	services; amending s. 287.055, F.S., relating to the
4	acquisition of professional architectural, engineering,
5	landscape architectural, or surveying and mapping
6	services; revising provisions relating to the award of
7	design-build contracts for such services by
8	municipalities, political subdivisions, school districts,
9	and school boards; amending s. 287.057, F.S.; requiring
10	that additional types of contracts by state agencies be
11	procured by competitive solicitation; providing for
12	specified notice to be provided via a public notice
13	website; providing for establishment of the website by the
14	Department of Management Services; requiring the
15	department to establish requirements for the website;
16	authorizing the website provider to charge a fee for
17	posting of notice; providing for remittance of a
18	percentage of revenues to the clerks of court; providing
19	severability; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (9) of section 287.055, Florida
24	Statutes, is amended to read:
25	287.055  Acquisition of professional architectural,
26	engineering, landscape architectural, or surveying and mapping
27	services; definitions; procedures; contingent fees prohibited;
28	penalties.--
29	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
30	(a)  Except as provided in this subsection, this section is
31	not applicable to the procurement of design-build contracts by
32	any agency, and the agency must award design-build contracts in
33	accordance with the procurement laws, rules, and ordinances
34	applicable to the agency.
35	(b)  The design criteria package must be prepared and
36	sealed by a design criteria professional employed by or retained
37	by the agency. If the agency elects to enter into a professional
38	services contract for the preparation of the design criteria
39	package, then the design criteria professional must be selected
40	and contracted with under the requirements of subsections (4)
41	and (5). A design criteria professional who has been selected to
42	prepare the design criteria package is not eligible to render
43	services under a design-build contract executed pursuant to the
44	design criteria package.
45	(c)  Except as otherwise provided in s. 337.11(7), the
46	Department of Management Services shall adopt rules for the
47	award of design-build contracts to be followed by state
48	agencies. Each other agency must adopt rules or ordinances for
49	the award of design-build contracts. Municipalities, political
50	subdivisions, school districts, and school boards shall award
51	design-build contracts by the use of a competitive proposal
52	selection process as described in this subsection, or by the use
53	of a qualifications-based selection process pursuant to
54	subsections (3), (4), and (5) for entering into a contract with
55	whereby the selected firm that establishes the compensation or
56	method by which compensation is to be paid for professional
57	services to be rendered by the firm and, at the option of the
58	agency, the method by which will subsequently establish a
59	guaranteed maximum price, that may include construction costs,
60	and a guaranteed completion date will subsequently be determined
61	and agreed to by the parties. If the procuring agency elects the
62	option of qualifications-based selection, during the selection
63	of the design-build firm the procuring agency shall employ or
64	retain a licensed design professional appropriate to the project
65	to serve as the agency's representative. Procedures for the use
66	of a competitive proposal selection process must include as a
67	minimum the following:
68	1.  The preparation of a design criteria package for the
69	design and construction of the public construction project.
70	2.  The qualification and selection of no fewer than three
71	design-build firms as the most qualified, based on the
72	qualifications, availability, and past work of the firms,
73	including the partners or members thereof.
74	3.  The criteria, procedures, and standards for the
75	evaluation of design-build contract proposals or bids, based on
76	price, technical, and design aspects of the public construction
77	project, weighted for the project.
78	4.  The solicitation of competitive proposals, pursuant to
79	a design criteria package, from those qualified design-build
80	firms and the evaluation of the responses or bids submitted by
81	those firms based on the evaluation criteria and procedures
82	established prior to the solicitation of competitive proposals.
83	5.  For consultation with the employed or retained design
84	criteria professional concerning the evaluation of the responses
85	or bids submitted by the design-build firms, the supervision or
86	approval by the agency of the detailed working drawings of the
87	project; and for evaluation of the compliance of the project
88	construction with the design criteria package by the design
89	criteria professional.
90	6.  In the case of public emergencies, for the agency head
91	to declare an emergency and authorize negotiations with the best
92	qualified design-build firm available at that time.
93	Section 2.  Subsection (27) is added to section 287.057,
94	Florida Statutes, to read:
95	287.057  Procurement of commodities or contractual
96	services.--
97	(27)  An agency must procure a contract by competitive
98	solicitation if the contract authorizes a contractor to use
99	governmental authority to provide a service to public or private
100	entities or authorizes a contractor to use government property
101	for the purpose of selling goods or services and if, over the
102	contract term, the sum of estimated gross revenues to be
103	generated under the contract for the state, the contractor, or
104	both exceeds the threshold amount for CATEGORY TWO in s.
105	287.017.
106	Section 3.  Notwithstanding any other provision of law to
107	the contrary, when notice or advertisement is required by law,
108	with the exception of notice requiring personal service and
109	notice requiring service by certified or registered mail, a form
110	of notice that is substantially identical in form to that
111	required by law may be lawfully provided via a public notice
112	website to be established by the Department of Management
113	Services. The Department of Management Services shall establish
114	requirements for the website. The website shall be freely
115	accessible to the public and shall be operated by the website
116	provider at no cost to the state. The website provider may
117	charge a reasonable fee for the posting of notice, not to exceed
118	$10, but shall not charge for public access to or use of any of
119	the website's browsing features. The website shall remit to the
120	clerks of court an amount equal to 15 percent of the revenues
121	that would have been generated through the posting of notice by
122	traditional means in the courts within the state.
123	Section 4.  If any provision of this act or the application
124	thereof to any person or circumstance is held invalid, the
125	invalidity shall not affect other provisions or applications of
126	the act which can be given effect without the invalid provision
127	or application, and to this end the provisions of this act are
128	declared severable.
129	Section 5.  This act shall take effect July 1, 2007.

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