Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 616
       
       
       
       
       
       
                                Barcode 489362                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/29/2009 04:09 PM       .                                
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       Senator Haridopolos moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 97 - 198
    4  and insert:
    5         (c) The provisions of this subsection do not apply:
    6         1. If When the project is undertaken to replace,
    7  reconstruct, or repair an existing public building, structure,
    8  or other public construction works facility damaged or destroyed
    9  by a sudden unexpected turn of events, such as an act of God,
   10  riot, fire, flood, accident, or other urgent circumstances, and
   11  such damage or destruction creates:
   12         a. An immediate danger to the public health or safety;
   13         b. Other loss to public or private property which requires
   14  emergency government action; or
   15         c. An interruption of an essential governmental service.
   16         2. If When, after notice by publication in accordance with
   17  the applicable ordinance or resolution, the governmental entity
   18  does not receive any responsive bids or proposals responses.
   19         3. To construction, remodeling, repair, or improvement to a
   20  public electric or gas utility system if when such work on the
   21  public utility system is performed by personnel of the system.
   22         4. To construction, remodeling, repair, or improvement by a
   23  utility commission whose major contracts are to construct and
   24  operate a public electric utility system.
   25         5. If When the project is undertaken as repair or
   26  maintenance of an existing public facility. For the purposes of
   27  this paragraph, the term “repair” means a corrective action to
   28  restore an existing public facility to a safe and functional
   29  condition and the term “maintenance” means a preventive or
   30  corrective action to maintain an existing public facility in an
   31  operational state or to preserve the facility from failure or
   32  decline. Repair or maintenance includes activities that are
   33  necessarily incidental to repairing or maintaining the facility.
   34  Repair or maintenance does not include the construction of any
   35  new building, structure, or other public construction works or
   36  any substantial addition, extension, or upgrade to an existing
   37  public facility. Such additions, extensions, or upgrades shall
   38  be considered substantial if the estimated cost of the
   39  additions, extensions, or upgrades included as part of the
   40  repair or maintenance project exceeds the threshold amount in
   41  subsection (1) and exceeds 20 percent of the estimated total
   42  cost of the repair or maintenance project using generally
   43  accepted cost-accounting principles that fully account for all
   44  costs associated with performing and completing the work,
   45  including employee compensation and benefits, equipment cost and
   46  maintenance, insurance costs, and materials. An addition,
   47  extension, or upgrade is not considered substantial if it is
   48  undertaken pursuant to the conditions specified in subparagraph
   49  1. Repair and maintenance projects and any related additions,
   50  extensions, or upgrades may not be divided into multiple
   51  projects for the purpose of evading the requirements of this
   52  subparagraph.
   53         6. If When the project is undertaken exclusively as part of
   54  a public educational program.
   55         7. If When the funding source of the project will be
   56  diminished or lost because the time required to competitively
   57  award the project after the funds become available exceeds the
   58  time within which the funding source must be spent.
   59         8. If When the local government has competitively awarded a
   60  project to a private sector contractor and the contractor has
   61  abandoned the project before completion or the local government
   62  has terminated the contract.
   63         9. If When the governing board of the local government
   64  complies with all of the requirements of this subparagraph,
   65  after public notice, conducts a public meeting under s. 286.011
   66  after the public notice, and finds by a majority vote of the
   67  governing board that it is in the public’s best interest to
   68  perform the project using its own services, employees, and
   69  equipment. The public notice must be published at least 21 14
   70  days before prior to the date of the public meeting at which the
   71  governing board takes final action to apply this subparagraph.
   72  The notice must identify the project, the components and scope
   73  of the work, and the estimated cost of the project using
   74  generally accepted cost-accounting principles that fully account
   75  for all costs associated with performing and completing the
   76  work, including employee compensation and benefits, equipment
   77  cost and maintenance, insurance costs, and materials. The notice
   78  must, and specify that the purpose for the public meeting is to
   79  consider whether it is in the public’s best interest to perform
   80  the project using the local government’s own services,
   81  employees, and equipment. Upon publication of the public notice
   82  and for 21 days thereafter, the local government shall make
   83  available for public inspection, during normal business hours
   84  and at a location specified in the public notice, a detailed
   85  itemization of each component of the estimated cost of the
   86  project and documentation explaining the methodology used to
   87  arrive at the estimated cost. At the public meeting, any
   88  qualified contractor or vendor who could have been awarded the
   89  project had the project been competitively bid shall be provided
   90  with a reasonable opportunity to present evidence to the
   91  governing board regarding the project and the accuracy of the
   92  local government’s estimated cost of the project. In deciding
   93  whether it is in the public’s best interest
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96         And the title is amended as follows:
   97         Delete lines 6 - 8
   98  and insert:
   99         the term “cost”; revising exceptions to the
  100         requirement that