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JUIN 6 1984
<br />BOOK 5 9 FACE 4 I
<br />he has not paid or agreed to pay any person, company, corporation, individual, or
<br />firm, other than a bona fide employee working solely for the architect ( or
<br />registered land surveyor or professional engineer, as applicable) any fee,
<br />commission, percentage, gift, or any other consideration contingent upon or
<br />resulting from the award or making of this agreement. For the breach or violation
<br />provision the agency shall have the right to terminate the agreement with -
<br />of this , g y g
<br />our liability and, at its discretion, to deduct from the contract price, or other-
<br />wise recover, the full amount of such fee, commission, percentage, gift, or
<br />consideration.
<br />(b) Any individual, corporation, partnership, firm, or company, other than a
<br />bona fide employee working solely for an architect, professional engineer, or
<br />registered land surveyor, who offers, agrees, or contracts to solicit or secure
<br />agency contracts for professional services for any other individual, company;
<br />corporation, partnership, or firm, and to be paid, or is paid, any fee, commission,
<br />percentage, gift, or any other consideration contingent upon, or resulting from,
<br />the award or the making of a contract for professional services shall, upon
<br />conviction in a competent court of this state, be found guilty of a first degree
<br />misdemeanor punishable as provided in s. 775.082 or s. 775.083.
<br />(c) Any architect, professional engineer, or registered land surveyor, or any
<br />group, association, company, corporation, firm, or partnership thereof, who shall
<br />offer to pay, or pay, any fee, commission, percentage, gift, or other consideration
<br />contingent upon, or resulting from, the award or making of any agency contract for
<br />professional services, shall, upon conviction in a state court of competent
<br />authority, be found guilty of a first degree misdemeanor punishable as provided in
<br />s. 775.082 or s. 775.083.
<br />(d) Any agency official who offers to solicit or secure, or solicits or secures,
<br />a contract for professional services and to be paid, or is paid, any fee, commission,
<br />percentage, gift, or any other consideration contingent upon the award or making of
<br />such a contract for professional services between the agency and any individual
<br />person, company, firm, partnership, or corporation shall, upon conviction by a court
<br />of competent authority be found guilty of a first degree misdemeanor punishable as
<br />provided in s. 775.082 or s. 775.083.
<br />(7) AUTHORITY OF DEPARTMENT OF GENERAL SERVICES. --Notwithstanding any other
<br />provision of this section, the Department of General Services, Division of Building
<br />Construction and Property Management, shall be the agency of state government which
<br />is solely and exclusively authorized and empowered to administer and perform the
<br />functions described in subsections (3), (4), and (5) respecting all projects for
<br />which the funds necessary to complete same are appropriated to the Department of
<br />General Services, irrespective of whether such projects are intended for the use
<br />and benefit of the Department of General Services or any other agency of government.
<br />However, nothing herein shall be construed to be in derogation of any authority
<br />conferred on the Department of General Services by other express provisions of law.
<br />Additionally, any agency of government may, with the approval of the Department of
<br />General Services, delegate to the Department of General Services authority to
<br />administer and perform the functions described in subsections (3), (4), and (5)..
<br />Under the terms of the delegation, the agency may reserve its right to accept or
<br />reject a proposed contract.
<br />(8) STATE ASSISTANCE TO LOCAL AGENCIES. --On professional service contracts for
<br />which the fee is over $25,000, the Department of Transportation or the Department
<br />of General Services shall provide, upon request by a municipality, political
<br />subdivision, school board, or school district, and upon reimbursement of the costs
<br />involved, assistance in selecting consultants and in negotiating consultant contracts.
<br />(9) APPLICABILITY TO EXISTING CONTRACTS. --Nothing in this section shall affect
<br />the validity or effect of any contracts in existence on July 1, 1973.
<br />(10) REUSE OF EXISTING PLANS. --Notwithstanding any other provision of this
<br />section, there shall be no .public notice requirement or utilization of the selection
<br />process as provided in this section for projects in which the agency is able to reuse
<br />existing plans from a prior project. However, subsequent to July 1, 1975, public
<br />notice for any plans which are intended to be reused at some future time shall
<br />contain a statement which provides that the plans are subject to reuse in accordance
<br />with the provisions of this subsection.
<br />(11) CONSTRUCTION OF LAW. --Nothing in the amendment of this section by ch. 75-281,
<br />Laws of Florida, is intended to supersede the provisions of ss. 235.211 and 235.31.
<br />History. --ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 73-19; ss. 1, 2, 3, ch. 75-281; s. 1,
<br />ch. 77-174; s. 1, ch. 77-199.
<br />287.057 Procurement of contractual services. --
<br />(1) For the purposes of this section, the following definitions,
<br />the definitions set forth in s. 287.012, shall apply:
<br />(a) "Invitation for bids" means any document, whether attached or
<br />by reference, used for soliciting bids when the agency is capable of
<br />defining the scope of work required.
<br />in addition to
<br />incorporated
<br />specifically
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