CODING: Words stricken are deletions; words underlined are additions.
c1655300
Senate
s1100-98
s1132
2002
SA
931322
Senator Garcia moved the following substitute for amendment
(931322):
On page 81, line 11, through page 82, line 21,
On page 5, lines 16 though 20,




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No. ___   Barcode 655300

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10  ______________________________________________________________

11  Senator Garcia moved the following substitute for amendment

12  (931322):

13

14         Senate Amendment (with title amendment) 

15         On page 81, line 11, through page 82, line 21, delete

16  those lines

17

18  and insert:

19         Section 38.  Subsection (2) of section 413.033, Florida

20  Statutes, is amended and subsection (7) of section 413.033,

21  Florida Statutes, is created to read:

22         413.033  Definitions.--As used in ss. 413.032-413.037:

23         (2)  "Other severely handicapped" and "severely

24  handicapped individuals" mean an individual or class of

25  individuals under a physical or mental disability other than

26  blindness, which, according to criteria established by the

27  department commission created in s. 413.034, after

28  consultation with appropriate entities of the state and taking

29  into account the views of nongovernmental entities

30  representing the handicapped, constitutes a substantial

31  handicap to employment and is of such a nature as to prevent

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No. ___   Barcode 655300





  1  the individual under such disability from currently engaging

  2  in normal competitive employment.

  3         (7)  "Department" means the Department of Management

  4  Services."

  5         Section 39.  Section 413.035, Florida Statutes, is

  6  amended to read:

  7         413.035  Duties and powers of the department

  8  commission.--

  9         (1)  It shall be the duty of the department commission

10  to determine the market price of all products and services

11  offered for sale to the various agencies of the state by any

12  qualified nonprofit agency for the blind or other severely

13  handicapped.  The price shall recover for the nonprofit agency

14  the cost of raw materials, labor, overhead, and delivery, but

15  without profit, and shall be revised from time to time in

16  accordance with changing cost factors.  The department

17  commission shall make such rules and regulations regarding

18  specifications, time of delivery, and assignment of products

19  and services to be supplied by nonprofit agencies for the

20  blind or by agencies for the other severely handicapped, with

21  priority for assignment of products to agencies for the blind,

22  authorization of a central nonprofit agency to facilitate the

23  allocation of orders among qualified nonprofit agencies for

24  the blind, authorization of a central nonprofit agency to

25  facilitate the allocation of orders among qualified nonprofit

26  agencies for other severely handicapped, and other relevant

27  matters of procedure as shall be necessary to carry out the

28  purposes of this act.  The department commission shall

29  authorize the purchase of products and services elsewhere when

30  requisitions cannot reasonably be complied with through the

31  nonprofit agencies for the blind and other severely

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No. ___   Barcode 655300





  1  handicapped.

  2         (2)  The department commission shall establish and

  3  publish a list of products and services provided by any

  4  qualified nonprofit agency for the blind and any nonprofit

  5  agency for the other severely handicapped, which the

  6  department commission determines are suitable for procurement

  7  by agencies of the state pursuant to this act.  This

  8  procurement list and revision thereof shall be distributed to

  9  all purchasing officers of the state and its political

10  subdivisions. All products offered for purchase to a state

11  agency by a qualified nonprofit agency shall have significant

12  value added by blind or severely handicapped persons, as

13  determined by the department.

14         Section 40.  Section 413.036, Florida Statutes, is

15  amended to read:

16         413.036  Procurement of services by agencies; authority

17  of department commission.--

18         (1)  If any agency intends to procure any product or

19  service on the procurement list, that agency shall, in

20  accordance with rules and regulations of the department

21  commission, procure such product or service at the price

22  established by the department commission from a qualified

23  nonprofit agency for the blind or for the other severely

24  handicapped if the product or service is available within a

25  reasonable delivery time.  This act shall not apply in any

26  case in which products or services are available for

27  procurement from any agency of the state and procurement

28  therefrom is required under the provision of any law currently

29  in effect.  However, this act shall have precedence over any

30  law requiring state agency procurement of products or services

31  from any other nonprofit corporation unless such precedence is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No. ___   Barcode 655300





  1  waived by the department commission in accordance with its

  2  rules.

  3         (2)  The provisions of part I of chapter 287 do not

  4  apply to any purchase of commodities or contractual services

  5  made by any legislative, executive, or judicial agency of the

  6  state from a qualified nonprofit agency for the blind or for

  7  the other severely handicapped.

  8         (3)  If, pursuant to a contract between any

  9  legislative, executive, or judicial agency of the state and

10  any private contract vendor, a product or service is required

11  by the Department of Management Services or on behalf of any

12  state agency that is included on the procurement list

13  established by the department pursuant to s. 413.035(2), the

14  contract must contain the following language:

15         "IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY

16  ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT,

17  THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR

18  THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED

19  PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER

20  AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1)

21  AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT

22  THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE

23  PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED

24  FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED

25  NONPROFIT AGENCY ARE CONCERNED."

26         (4)  No similar product or service of comparable price

27  and quality found necessary for use by any state agency may be

28  purchased from any source other than the nonprofit agency for

29  the blind or for the severely handicapped if the nonprofit

30  agency certifies that the product is manufactured or supplied

31  by, or the service is provided by, the blind or the severely

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No. ___   Barcode 655300





  1  handicapped and the product or service meets the comparable

  2  performance specifications and comparable price and quality

  3  requirements as determined by the department or an agency. The

  4  purchasing authority of any such state agency may make

  5  reasonable determinations of need, price, and quality with

  6  reference to products or services available from the nonprofit

  7  agency.

  8         Section 41.  Section 413.037, Florida Statutes, is

  9  amended to read:

10         413.037  Cooperation with department commission

11  required; duties of state agencies.--

12         (1)  In furtherance of the purposes of this act and in

13  order to contribute to the economy of state government, it is

14  the intent of the Legislature that there be close cooperation

15  between the department commission and any agency of the state

16  from which procurement of products or services is required

17  under the provision of any law currently in effect.  The

18  department commission and any such agency of the state are

19  authorized to enter into such contractual agreements,

20  cooperative working relationships, or other arrangements as

21  may be determined to be necessary for effective coordination

22  and efficient realization of the objectives of this act and

23  any other law requiring procurement of products or services

24  from any agency of the state.

25         (2)  The department commission may secure directly from

26  any agency of the state information necessary to enable it to

27  carry out this act.  Upon request of the department chair of

28  the commission, the head of the agency shall furnish such

29  information to the department commission.

30         (3)  Space shall be set aside in the State Capitol for

31  the purpose of exhibiting products produced by clients of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No. ___   Barcode 655300





  1  rehabilitation-oriented agencies of the state.

  2         Section 42.  Section 413.034, Florida Statutes, is

  3  repealed.

  4

  5  (Redesignate subsequent sections.)

  6

  7

  8  ================ T I T L E   A M E N D M E N T ===============

  9  And the title is amended as follows:

10         On page 5, lines 16 though 20, delete those lines

11

12  and insert:

13         s. 413.033, F.S.; revising a definition;

14         creating a new definition; amending s. 413.035,

15         F.S.; providing content requirements for

16         certain products; providing that the Department

17         of Management Services will assume the

18         commission's duties; clarifying and conforming

19         changes; amending s. 413.036, F.S.; providing

20         that ch. 287, F.S., does not apply to purchases

21         made from specified nonprofit agencies;

22         specifying provisions required to be contained

23         in certain state contracts; limiting purchases

24         of products or services by state agencies from

25         sources other than the nonprofit agency for the

26         blind or severely handicapped under certain

27         circumstances; amending s. 413.037, F.S.;

28         clarifying and conforming changes; repealing s.

29         413.034, F.S., relating to the commission for

30         purchase from the blind or other severely

31         handicapped; providing an effective

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