Florida Senate - 2018 SB 1456
By Senator Thurston
36-01550-18 20181456__
1 A bill to be entitled
2 An act relating to disaster recovery services
3 contracts; amending s. 252.38, F.S.; authorizing a
4 political subdivision, under specified circumstances,
5 to add vendors to a contract or enter into a second
6 contract for debris removal services after a declared
7 state of emergency; specifying how additional vendors
8 are to be selected; authorizing a political
9 subdivision to enter into an interagency agreement if
10 a certain condition is met; requiring the political
11 subdivision to announce the selected vendors in a
12 specified manner; requiring contracts to comply with
13 applicable federal public disaster assistance program
14 requirements under certain circumstances; amending s.
15 287.057, F.S.; providing an exception to competitive
16 bidding and procurement requirements for debris
17 removal service contracts; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (4) is added to section 252.38,
23 Florida Statutes, to read:
24 252.38 Emergency management powers of political
25 subdivisions.—Safeguarding the life and property of its citizens
26 is an innate responsibility of the governing body of each
27 political subdivision of the state.
28 (4) CONTRACTS FOR DECLARED STATE OF EMERGENCY.
29 Notwithstanding any law to the contrary, a political subdivision
30 may add vendors to an existing contract or enter into a second
31 contract with additional vendors for debris removal services if
32 the originally contracted vendor has not made a good faith
33 effort in fulfilling its obligations under an existing contract
34 within 14 days after a state of emergency is declared pursuant
35 to s. 252.36.
36 (a) In selecting an additional vendor or vendors to perform
37 the debris removal services, the political subdivision shall use
38 the most recent competitive solicitation process results under
39 s. 287.057 to identify and select another responsible and
40 responsive vendor or vendors to perform the services.
41 (b) If only one vendor met the criteria as a responsible
42 and responsive vendor during the most recent competitive
43 solicitation process, the political subdivision may enter into
44 an interagency agreement with a neighboring political
45 subdivision for the provision of debris removal services.
46 (c) The political subdivision shall announce the vendor or
47 vendors that will be added to the contract or the neighboring
48 political subdivision with whom the political subdivision will
49 enter into an interagency agreement for debris removal services
50 at a special or regularly scheduled public meeting.
51 (d) A new or amended contract or interagency agreement
52 entered into for debris removal services must comply with
53 applicable federal public disaster assistance program
54 requirements if the political subdivision anticipates receiving
55 reimbursement from the Federal Government for the contracted
56 debris removal services.
57 Section 2. Paragraph (e) of subsection (3) of section
58 287.057, Florida Statutes, is amended to read:
59 287.057 Procurement of commodities or contractual
60 services.—
61 (3) If the purchase price of commodities or contractual
62 services exceeds the threshold amount provided in s. 287.017 for
63 CATEGORY TWO, purchase of commodities or contractual services
64 may not be made without receiving competitive sealed bids,
65 competitive sealed proposals, or competitive sealed replies
66 unless:
67 (e) The following contractual services and commodities are
68 not subject to the competitive-solicitation requirements of this
69 section:
70 1. Artistic services. As used in this subsection, the term
71 “artistic services” does not include advertising or typesetting.
72 As used in this subparagraph, the term “advertising” means the
73 making of a representation in any form in connection with a
74 trade, business, craft, or profession in order to promote the
75 supply of commodities or services by the person promoting the
76 commodities or contractual services.
77 2. Academic program reviews if the fee for such services
78 does not exceed $50,000.
79 3. Lectures by individuals.
80 4. Legal services, including attorney, paralegal, expert
81 witness, appraisal, or mediator services.
82 5. Health services involving examination, diagnosis,
83 treatment, prevention, medical consultation, or administration.
84 The term also includes, but is not limited to, substance abuse
85 and mental health services involving examination, diagnosis,
86 treatment, prevention, or medical consultation if such services
87 are offered to eligible individuals participating in a specific
88 program that qualifies multiple providers and uses a standard
89 payment methodology. Reimbursement of administrative costs for
90 providers of services purchased in this manner are also exempt.
91 For purposes of this subparagraph, the term “providers” means
92 health professionals and health facilities, or organizations
93 that deliver or arrange for the delivery of health services.
94 6. Services provided to persons with mental or physical
95 disabilities by not-for-profit corporations that have obtained
96 exemptions under s. 501(c)(3) of the United States Internal
97 Revenue Code or when such services are governed by Office of
98 Management and Budget Circular A-122. However, in acquiring such
99 services, the agency shall consider the ability of the vendor,
100 past performance, willingness to meet time requirements, and
101 price.
102 7. Medicaid services delivered to an eligible Medicaid
103 recipient unless the agency is directed otherwise in law.
104 8. Family placement services.
105 9. Prevention services related to mental health, including
106 drug abuse prevention programs, child abuse prevention programs,
107 and shelters for runaways, operated by not-for-profit
108 corporations. However, in acquiring such services, the agency
109 shall consider the ability of the vendor, past performance,
110 willingness to meet time requirements, and price.
111 10. Training and education services provided to injured
112 employees pursuant to s. 440.491(6).
113 11. Contracts entered into pursuant to s. 337.11.
114 12. Services or commodities provided by governmental
115 entities.
116 13. Statewide public service announcement programs provided
117 by a Florida statewide nonprofit corporation under s. 501(c)(6)
118 of the Internal Revenue Code which have a guaranteed documented
119 match of at least $3 to $1.
120 14. Contracts entered into under s. 252.38.
121 Section 3. This act shall take effect July 1, 2018.