Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 602
Barcode 898158
LEGISLATIVE ACTION
Senate . House
Comm: RS .
03/14/2013 .
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The Committee on Community Affairs (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 100 - 193
4 and insert:
5 9. To an independent special district if the governing
6 board of the independent special district local government
7 complies with all of the requirements of this subparagraph,
8 conducts a public meeting under s. 286.011 after public notice,
9 and finds by majority vote of the governing board that it is in
10 the public’s best interest to perform the project using its own
11 services, employees, and equipment. The public notice must be
12 published at least 21 days before the date of the public meeting
13 at which the governing board takes final action. The notice must
14 identify the project, the components and scope of the work, and
15 the estimated cost of the project using generally accepted cost
16 accounting principles that fully account for all costs
17 associated with performing and completing the work, including
18 employee compensation and benefits, equipment cost and
19 maintenance, insurance costs, and materials. The notice must
20 specify that the purpose for the public meeting is to consider
21 whether it is in the public’s best interest to perform the
22 project using the independent special district’s local
23 government’s own services, employees, and equipment. Upon
24 publication of the public notice and for 21 days thereafter, the
25 independent special district local government shall make
26 available for public inspection, during normal business hours
27 and at a location specified in the public notice, a detailed
28 itemization of each component of the estimated cost of the
29 project and documentation explaining the methodology used to
30 arrive at the estimated cost. At the public meeting, any
31 qualified contractor or vendor who could have been awarded the
32 project had the project been competitively bid shall be provided
33 with a reasonable opportunity to present evidence to the
34 governing board regarding the project and the accuracy of the
35 independent special district’s local government’s estimated cost
36 of the project. In deciding whether it is in the public’s best
37 interest for the independent special district local government
38 to perform a project using its own services, employees, and
39 equipment, the governing board must consider the estimated cost
40 of the project and the accuracy of the estimated cost in light
41 of any other information that may be presented at the public
42 meeting and whether the project requires an increase in the
43 number of district government employees or an increase in
44 capital expenditures for public facilities, equipment, or other
45 capital assets. The independent special district local
46 government may further consider the impact on local economic
47 development, the impact on small and minority business owners,
48 the impact on state and local tax revenues, whether the private
49 sector contractors provide health insurance and other benefits
50 equivalent to those provided by the independent special district
51 local government, and any other factor relevant to what is in
52 the public’s best interest.
53 10. If the governing board of the local government
54 determines upon consideration of specific substantive criteria
55 that it is in the best interest of the local government to award
56 the project to an appropriately licensed private sector
57 contractor pursuant to administrative procedures established by
58 and expressly set forth in a charter, ordinance, or resolution
59 of the local government adopted before July 1, 1994. The
60 criteria and procedures must be set out in the charter,
61 ordinance, or resolution and must be applied uniformly by the
62 local government to avoid awarding a project in an arbitrary or
63 capricious manner. This exception applies only if all of the
64 following occur:
65 a. The governing board of the local government, after
66 public notice, conducts a public meeting under s. 286.011 and
67 finds by a two-thirds vote of the governing board that it is in
68 the public’s best interest to award the project according to the
69 criteria and procedures established by charter, ordinance, or
70 resolution. The public notice must be published at least 14 days
71 before the date of the public meeting at which the governing
72 board takes final action. The notice must identify the project,
73 the estimated cost of the project, and specify that the purpose
74 for the public meeting is to consider whether it is in the
75 public’s best interest to award the project using the criteria
76 and procedures permitted by the preexisting charter, ordinance,
77 or resolution.
78 b. The project is to be awarded by any method other than a
79 competitive selection process, and the governing board finds
80 evidence that:
81 (I) There is one appropriately licensed contractor who is
82 uniquely qualified to undertake the project because that
83 contractor is currently under contract to perform work that is
84 affiliated with the project; or
85 (II) The time to competitively award the project will
86 jeopardize the funding for the project, materially increase the
87 cost of the project, or create an undue hardship on the public
88 health, safety, or welfare.
89 c. The project is to be awarded by any method other than a
90 competitive selection process, and the published notice clearly
91 specifies the ordinance or resolution by which the private
92 sector contractor will be selected and the criteria to be
93 considered.
94 d. The project is to be awarded by a method other than a
95 competitive selection process, and the architect or engineer of
96 record has provided a written recommendation that the project be
97 awarded to the private sector contractor without competitive
98 selection, and the consideration by, and the justification of,
99 the government body are documented, in writing, in the project
100 file and are presented to the governing board prior to the
101 approval required in this paragraph.
102 11. To projects subject to chapter 36.
103
104 ================= T I T L E A M E N D M E N T ================
105 And the title is amended as follows:
106 Delete lines 4 - 6
107 and insert:
108 removing an exemption of certain local government
109 entities from the requirement to competitively award
110 contracts for public construction; providing an
111 effective