Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2666
       
       
       
       
       
       
                                Barcode 494246                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on General Government Appropriations (Aronberg)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 73 and 74
    4  insert:
    5         Section 2. Paragraph (f) of subsection (5) of section
    6  287.057, Florida Statutes, is amended to read:
    7         287.057 Procurement of commodities or contractual
    8  services.—
    9         (5) When the purchase price of commodities or contractual
   10  services exceeds the threshold amount provided in s. 287.017 for
   11  CATEGORY TWO, no purchase of commodities or contractual services
   12  may be made without receiving competitive sealed bids,
   13  competitive sealed proposals, or competitive sealed replies
   14  unless:
   15         (f) The following contractual services and commodities are
   16  not subject to the competitive-solicitation requirements of this
   17  section:
   18         1. Artistic services. For the purposes of this subsection,
   19  the term “artistic services” does not include advertising. As
   20  used in this subparagraph, the term “advertising” means the
   21  making of a representation in any form in connection with a
   22  trade, business, craft or profession in order to promote the
   23  supply of commodities or services by the person promoting the
   24  commodities or contractual services.
   25         2. Academic program reviews.
   26         3. Lectures by individuals.
   27         4. Auditing services.
   28         5. Legal services, including attorney, paralegal, expert
   29  witness, appraisal, or mediator services.
   30         6. Health services involving examination, diagnosis,
   31  treatment, prevention, medical consultation, or administration.
   32         7. Services provided to persons with mental or physical
   33  disabilities by not-for-profit corporations which have obtained
   34  exemptions under the provisions of s. 501(c)(3) of the United
   35  States Internal Revenue Code or when such services are governed
   36  by the provisions of Office of Management and Budget Circular A
   37  122. However, in acquiring such services, the agency shall
   38  consider the ability of the vendor, past performance,
   39  willingness to meet time requirements, and price.
   40         8. Medicaid services delivered to an eligible Medicaid
   41  recipient by a health care provider who has not previously
   42  applied for and received a Medicaid provider number from the
   43  Agency for Health Care Administration. However, this exception
   44  shall be valid for a period not to exceed 90 days after the date
   45  of delivery to the Medicaid recipient and shall not be renewed
   46  by the agency.
   47         9. Family placement services.
   48         10. Prevention services related to mental health, including
   49  drug abuse prevention programs, child abuse prevention programs,
   50  and shelters for runaways, operated by not-for-profit
   51  corporations. However, in acquiring such services, the agency
   52  shall consider the ability of the vendor, past performance,
   53  willingness to meet time requirements, and price.
   54         11. Training and education services provided to injured
   55  employees pursuant to s. 440.491(6).
   56         12. Contracts entered into pursuant to s. 337.11.
   57         13. Services or commodities provided by governmental
   58  agencies.
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62  
   63         Delete line 14
   64  and insert:
   65  adopt rules; amending s. 287.057, F.S.; providing that for the
   66  purpose of exempting certain specified contractual services and
   67  commodities from competitive-solicitation requirements, the
   68  listed exemption for artistic services does not include
   69  advertising; defining the term “advertising;” providing an
   70  effective date.