Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 84
                                Barcode 343044                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/03/2013           .                                

       The Committee on Transportation (Diaz de la Portilla)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Before line 31
    4  insert:
    5         Section 1. Section 255.60, Florida Statutes, is amended to
    6  read:
    7         255.60 Special contracts with charitable not-for-profit
    8  youth organizations.—The state, or the governing body of any
    9  political subdivision of the state, or a public-private
   10  partnership is authorized, but not required, to contract for
   11  public service work with a not-for-profit organization such as
   12  highway and park maintenance, notwithstanding competitive sealed
   13  bid procedures required under this chapter, or chapter 287, or
   14  any municipal or county charter, upon compliance with this
   15  section.
   16         (1) The contractor or supplier must meet the following
   17  conditions:
   18         (a) The contractor or supplier must be a not-for-profit
   19  corporation incorporated under chapter 617 and in good standing.
   20         (b) The contractor or supplier must hold exempt status
   21  under s. 501(a) of the Internal Revenue Code, as an organization
   22  described in s. 501(c)(3) of the Internal Revenue Code.
   23         (c) For youth organizations, the corporate charter of the
   24  contractor or supplier must state that the corporation is
   25  organized as a charitable youth organization exclusively for at
   26  risk youths enrolled in a work-study program.
   27         (d) Administrative salaries and benefits for any such
   28  corporation shall not exceed 15 percent of gross revenues. Field
   29  supervisors shall not be considered administrative overhead.
   30         (2) The contract, if approved by authorized agency
   31  personnel of the state, or the governing body of a political
   32  subdivision, or the public-private partnership, as appropriate,
   33  must provide at a minimum that:
   34         (a) For youth organizations, labor shall be performed
   35  exclusively by at-risk youth and their direct supervisors; and
   36  shall not be subject to subcontracting.
   37         (b) For the preservation, maintenance, and improvement of
   38  park land, the property must be at least 20 acres with
   39  contiguous public facilities that are capable of seating at
   40  least 5,000 people in a permanent structure.
   41         (c) For public education buildings, the building must be at
   42  least 90,000 square feet.
   43         (d)(b) Payment must be production-based.
   44         (e)(c) The contract will terminate should the contractor or
   45  supplier no longer qualify under subsection (1).
   46         (f)(d) The supplier or contractor has instituted a drug
   47  free workplace program substantially in compliance with the
   48  provisions of s. 287.087.
   49         (g)(e) The contractor or supplier agrees to be subject to
   50  review and audit at the discretion of the Auditor General in
   51  order to ensure that the contractor or supplier has complied
   52  with this section.
   53         (3) A No contract under this section may not exceed the
   54  annual sum of $250,000.
   55         (4) Should a court find that a contract purporting to have
   56  been entered into pursuant to this section does not so qualify,
   57  the court may order that the contract be terminated on
   58  reasonable notice to the parties. The court shall not require
   59  disgorgement of any moneys earned for goods or services actually
   60  delivered or supplied.
   61  (5) Nothing in this section shall excuse any person from
   62  compliance with ss. 287.132-287.134.
   65  ================= T I T L E  A M E N D M E N T ================
   66         And the title is amended as follows:
   67         Between lines 2 and 3
   68  insert:
   69         amending s. 255.60, F.S.; authorizing certain public
   70         entities to contract for public service works with a
   71         not-for-profit organization despite competitive sealed
   72         bid requirements; revising eligibility requirements
   73         for not-for-profit organizations contracting with
   74         certain public entities; revising required contract
   75         provisions;