Title: Opinion File 76-39 thru 76-52
CITATION THUMBNAILS ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003457/00001
 Material Information
Title: Opinion File 76-39 thru 76-52
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 76-39 thru 76-52
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003457
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





KEY WOR: .

June 23, 1976


To: MGG
F : LMB & DBM
RE: SWFWMD Contract for Aerial Mapping with r T
Abrams Aerial Survey, Inc.


QUESTIONS:

1. Does the Consultants' Competitive Negotiation Act,
S 87.055, F.S., apply to the professional services of an
a rial mapping survey firm in assisting the District in
completing a mapping and surveying project?

2. Are competitive bids required pursuant to Chapter
213, F.S., or pursuant to Part I of Chapter 287, F.S. for
, sch services?

3. Does SWFWMD Policy No. 221-002 apply to the
a quisition of such services?

C INCLUSION:

1. The Consultants' Competitive Negotiation Act does
n t apply to contract with an aerial mapping firm assisting
the District in completing a mapping and surveying project,
wien land surveying is merely a part of the project.

2. Competitive bids, pursuant to Chapter 283, F.S., or
t> Part I of Chapter 287, F.S., are not required for securing
s ch professional services.

3. SWFWMD Policy No. 221-002 does not apply to the securing
oE such professional services.

A ALYSIS:

Generally, SWFWMD is an agency within the meaning and
c average of this Act. Compare S287.055(2)(b), definition of
agency with 1.01(9), definition of political subdivision, F.S.

SPecifically, SWFWMD must comply with the Act whenever
negotiating a contract for professional services as defined
S2 287.055(2)(a). Professional services are defined as
services within scope of the practice of architecture,
professional engineering, landscape architecture, or
rgistered land surveying. Since neither architecture nor
Sandscape architecture are even remotely in issue here, this
emo will consider only the possible coverage of the terms
professionall engineering" and "registered land surveying."


-i~-- --







defined in S471.02(4) and (5), F.S., the terms professional
ineer and professional engineering enumerate a myriad of
tivities requiring the knowledge or the use of mathematics,
physical sciences, and the principles of engineering. The
definition never refers to photography, photogrammetry, or
capping.

Defined by S472.01(3) and (4), F.S., the terms
"and surveyor" and "land surveying" includes the application
special knowledge of mathematics, related physical and
plied sciences and the requirements for measure, locating,
tablishing lines etc., for land and property descriptions.
e definition of the practice of land surveying specifically
includes photogrammetric control, but there is no indication
at this definition includes vertical aerial photography of
nd and water bodies.

ere is no relevant case law interpreting any of these
statutes which can shed any light on the problem. There are
veral Attorney General's opinions interpreting the Act, the
ost enlightening of which are AGO 074-206 and 074-224.

attorney General opinion 074-206, while not factually similar
o our immediate situation, indicates that the professional
services covered by S287.055 are only those listed in the
finitional section of the statute. Attorney General opinion
74-224 restates this position. Therefore, the definitions
should not be read expansively. Rather, the definitions of
engineer and land surveyor should be limited strictly to the
activities specifically enumerated in the definitions.

torney General opinion 074-224 concerns circumstances analogous
our immediate question. In the situation covered by
inion 074-224 the consulting firm employed a professional
gineer on its staff, yet did not directly engage in
ofessional services as defined by the statute. The opinion
dressed "the fact that a professional engineer is on the staff
such consulting firm does not mean that the firm is
performing professional service or engineering work as defined
Sand for the purposes of the Consultants' Competitive
gotiation Act." The opinion's conclusion was that so
ng as the consulting firm was not itself engaging in
professional service" work as defined by the statute,
S 87.055(2)(a), F.S., the firm was not within the purview of that
1 w.

T e fact that in the immediate case land surveys are
required as a control in the coordination of the aerial
p otographs should not control whether or not the entire
p oject is governed by the Act. Although the photogrammetry
a d actual surveying are within the limits of the definition
c.ted above, the principle activities'of photography and
c rtography are not within either definition. As AGO 074-224
ints out, the mere use of an engineer does not subject the
o erall project to the application of the Act.






Tle full text of the Consultants' Competitive NegotiiatlOtxct
h a been designated as $287.055 which constitutes a part
o Part I of Chapter 287, Although the definitions for such
P rt I are separately stated and do not apply to the
C nsultants' Competitive Negotiation Act. SWFWMD clearly
f 11s within the definition of "agency" set forth in the
C nsultants' Competitive Negotiation Act but does not fall
within the definition of "agency" for the remainder of
P rt I of Chapter 287. S287.012(1), F.S.

D strict Policy No. 221-002, copy attached, which has been
s lf-imposed by the governing board provides that purchasing
a tivities are to follow generally accepted purchasing
p actice, and to the maximum extent possible, comply with
F orida Statutes (Chapter 283 and 287), State Rules and
Regulations (13A) the State of Florida Purchasing Manual,
aid this Policy. Professional services such as those
b ing sought from an aerial mapping firm, do not follow
w thin the statutory definition of "commodity" and are
further excluded by Rule 13A-1.01(1), F.A.C. defines a
p rchase as "an acquisition by a contracting for
c mmodities or for both services and commodities." However,
i further provides in S1.01(1)(g) that professional
s rvices are not commodities.

T ere is no written policy or administrative directive of
S WMD to provide specific guidelines for securing the
p ofessional services of an aerial mapping firm. The practice
o the District has been as follows:

1. It encourages aerial mapping firms who desire to provide

p ofessional services to the District to submit a statement
o qualifications and performance data to the District for
r view.

2. Upon review and approval, the District sends a staff
m mber to the firm to inspect its plant and facilities, and
tD examine representative work to determine the ability of
tie firm to perform the professional services, before placing
tie name of the firm on the approved district list.

3. It solicits written quotations from all firms appearing
ol the approved list. Specifications are supplied to each
fLrm in a uniform manner, with a specific time for quotations
tD be received.

4. At such a time the staff then reviews all quotations,
.eaters into subsequent negotiation with submitting firms,
if warranted, and finally makes a recommendation to the
r spective basin board.

5. Upon approval by the basin board, the matter is then
c nsidered by the District Governing Board which then
a thorizes the proper officers to enter into a written
contract with the firm for the services.


r








/ C4e_ j /' ,


J ne 22, -1976


TO: LMB
F.: DBM (
R: Applicability of the Consultants' Competitive
Negotiation Act to SWFWMD's Contract for the
Aerial Survey

CONCLUSION
Tie Consultants' Competitive Negotiation Act, 287.055, F.S.,
d es not apply to an aerial mapping firm employed to map,
p otograph and survey the Withlacoochee River, notwithstanding
tie fact that land surveying is a part of the project.
A ALYSIS
G nerally, SWFWMD is an agency within the meaning and coverage
oE this act. Compare 287.055(2)(b), definition of agency,
w th 1.01(9), definition of political subdivision, F.S.
S ecifically, SWFWMD must comply with the Act whenever
negotiating a contract for professional services as defined
ii 287.055(2)(a). Professional services are defined as
services within scope of the practice of architecture,
professional engineering, landscape architecture, or
registered land surveying. Since neither architecture nor
landscape architecture are even remotely in issue here, this
memo will consider only the possible coverage of the terms
"professional engineering" and "registered land surveying."

s defined in 471.02(4) and (5), F.S., the terms professional
engineer and professional engineering enumerate a myriad of activities
requiring the knowledge or the use of mathematics, physical
sciences, and the principles of engineering. The definition
evers refers to photography, photogrammetry, or mapping.
s defined by 472.01(3) and (4), F.S., the terms "land surveyor"
and "land surveying" includes the application of special
knowledges of mathematics, related physical and applied
sciences and the requirements for measure, locating, estab-
ishing lines etc., for land and property descriptions. The
definition of the practice of land surveying specifically
includes photogrammetric control, but there is no indication
hat this definition includes vertical aerial photography of
and and water bodies.
here is no relevant case law interpreting any of these statutes
Phich can shed any light on the problem. There are several
llll ll'r 's i inter retinc the Act, the most


IIh F ![flF HO inrrtil






7 6-43
Attorney General opinion 074-206, while not factually similar
to our immediate situation, indicates that the professional
services covered by 5287.055 are only those listed and the
efinitional section of the statute. Attorney General opinion
74-224 restates this position. Therefore, the definitions
should not be read expansively. Rather, the definitions of
engineer and land surveyor should be limited strictly to the
activities specifically enumerated in the definitions.

attorney General opinion 074-224 concerns circumstances
nalogous to our immediate question. In the situation covered
y opinion 074-224 the-consulting firm employed a professional
engineer on its staff, yet did not directly engage in
professional services as defined by the statute. The opinion
tressed "the fact that a professional engineer is on the staff
f such consulting firm does-not-mean that the firm is
performing professional service or engineering work as defined
y and for the purposes of the Consultants' Competitive
negotiation Act." The opinion's conclusion was that so
ong as the consulting firm was not itself engaging in
professional service" work as defined by the statute, 287.055(2)(a),
.S., the firm was not within the purview of that law.

he fact that in the immediate case land surveys are
required as a control in the coordination of the aerial
photographs should not control whether or not the entire
project is governed by the Act. Although the photogrammetry
lnd actual surveying are within the limits of the definition
:ited above, the principle activities of photography and
cartography are not within either definition. As AGO 074-224
points out, the mere use of an engineer does not subject the
overall project to the application of the Act.


)BM/gw






S76-44

n STATE OF FLORIDA
-DEPARTMENT OF LEGAL APFAIRS
OFFICE OF THE ATTORNEY GENERAL,
THE CAPITOL
ROBE F L. SHEVIN TALLAHASSEE, FLORIDA 32304
Attor ey General

August 5, 1974

c0 074-224





Honorable William R. Snow
City Manager, Winter Park
City Hall
r Winter Park, Florida 32789

Attention: J. O. Compton, Jr., Director of Public Works

Re: CONSULTANTS' COMPETITIVE NEGOTIATION ACT--solid
waste management consulting firms. Section 287.055,
F.S.

( Dear Mr. Snow:

This is in response to your request for an opinion on substan-
tially the following question:

DOES THE CONSULTANTS' COMPETITIVE NEGOTIATION
ACT, S287.055, F.S., APPLY TO A CONSULTING
FIRM WHICH DEALS IN SOLID WASTE MANAGEMENT
PRACTICES?

Section 287.055, F.S., provides a method by which state agencies
and local governments must select professional service firms.
Subsection (2)(a) of the statute defines "professional services"
as:

those services within the scope of
,practice of architecture, professional
engineering, or registered land surveying
f as defined by the laws of the state of
Florida, or those performed by any architect,
professional engineer or registered land
surveyor, in connection with his professional
employment or practice.






'76-45

I norable William R. Snow 074-224
Sige Two


Iorida Statutes define what duties or services are included
within the term architect, S467.09, F.S.; professional engineer,
71.02(5), F.S.; and land surveyor, S472.01(2), F.S. Apparently,
e purpose of a solid waste management consulting firm is to
velop alternative solutions to specific local problems in the
lid waste field. For example, such a service may provide
mputer information on routes, collection operations and costs;
ow how much productive work a company is getting for its dollar;
Evaluate hardware, equipment and systems operations. The end
sult of its efforts is a workable plan. These services which
Consulting firm provides do not come under the statutory defi-
itions of the practice of architecture, professional engineering,
r land surveying. The fact that a professonal engneer is
e staff of such consul tinqfirmdoes not mean that the irm is.,
.rformingprofessonal service or engineering work as definedby
d fo the purpgseg _f the Consultants ompeitive iNegotiation
t, As long as a consti firmi s not engaging Tn "professional
rvice" work, as defined in S287.055(2)(a), F.S., it is not
within the purview of that law.

SUMMARY


When a solid waste management consult-
ing firm is not performing services within
the scope of the practice of architecture,
professional engineering, or registered
land surveying, as defined by the laws of
Florida, it is not within the purview of
the Consultants' Competitive Negotiation
Act.

Sincerely,



ROERT L. S IN
ATTORNEY GENERAL


prepared By:



via LaCroix
assistant Attorney General


$LS/Lcb


`-----"--- '----







n *46
STATE OF FLORIDA
DEPARTMENT OF LEGAL AFFAIRS
OFFICE OF THE ATTORNEY GENERAL
D THE CAPITOL
L. SHEVIN TALLAHASSEE, FLORIDA 02304
y General

August 5, 1974

C; 074-224





Honorable William R. Snow
City Manager, Winter Park
City Hall
Winter Park, Florida 32789

Attention: J. O. Compton, Jr., Director of Public Works

Re: CONSULTANTS' COMPETITIVE NEGOTIATION ACT--solid
waste management consulting firms. Section 287.055,
F.S.

Dear Mr. Snow:

This is in response to your request for an opinion on substan-
tially the following question:

DOES THE CONSULTANTS' COMPETITIVE NEGOTIATION
ACT, S287.055, F.S., APPLY TO A CONSULTING
FIRM WHICH DEALS IN SOLID WASTE MANAGEMENT
PRACTICES?

Section 287.055, F.S., provides a method by which state agencies
and local governments must select professional service firms.
Subsection (2)(a) of the statute defines "professional services"
as:

those services within the scope of
,practice of architecture, professional
engineering, or registered land surveying
as defined by the laws of the state of
Florida, or those performed by any architect,
professional engineer or registered land
surveyor, in connection with his professional
employment or practice.


I







-6-477 4
H norable William R. Snow 074-224
Pge Two


i orida Statutes define what duties or services are included
w thin the term architect, S467.09, F.S.; professional engineer,
$471.02(5), F.S.; and land surveyor, 5472.01(2), F.S. Apparently,
the purpose of a solid waste management consulting firm is to
dvelop alternative solutions to specific local problems in the
lid waste field. For example, such a service may provide
mputer information on routes, collection operations and costs;
how how much productive work a company is getting for its dollar;
evaluate hardware, equipment and systems operations. The end
result of its efforts is a workable plan. These services which
a consulting firm provides do not come under the statutory defi-
Itions of the practice of architecture, professional engineering,
land surveying. The fact that a professionagleannger .is1-.
Ie staff of suchcnsu not mean that thefi iMs.
rformi n qgpofessiQ nal service or engineering work as defined bv
Sidfor the purrrgsfs of the Consultants' Competitive Negoatixni_
i As long as a consulting firm is not engaging in professional
rvice" work, as defined in S287.055(2)(a), F.S., it is not
.thin the purview of that law.
S U MM A R Y

SWhen a solid waste management consult-
ing firm is not performing services within
the scope of the practice of architecture,
professional engineering, or registered
land surveying, as defined by the laws of
Florida, it is not within the purview of
the Consultants' Competitive Negotiation
Act.
Sincerely,


jRORT L. S IN
ATTORNEY GENERAL

Prepared By:


r vid Lacroix
assistant Attorney General

ILS/Lcb

^ ^










STATE oi FLORIDA
DEPARTMENT OF LEGAL AFFAIRS
OFFICE OF THE ATTORNEY GENERAL
THE CAPITOL
TALLAHASEEK. PLOmIDA 32304


.. SHEVIN
SGeneral


June 18, 1976


C,o


076-142


am K. Howell, Jr., Esquire
Attorney
of Boca Raton
est Palmetto Park Road
Raton, Florida 33432

Re: Consultants' Competitive Negotiation Act--
ppl cai ity to municipal and other non-
state agencies; definition of project.
S287.055(2)(3) and (4), F.S., 1975; Ch.
75-281, Laws of Florida.

Mr. Howell:

I am writing in response to your recent correspondence in
h you pose the following questions with regard to the Consul-
s' Competitive Negotiation Act (S287.055, F.S.):


(1) Are municipalities and other non-
state agencies subject to the require-
ments of S287.055(3)(a) or 5287.055(4),
Florida Statutes, 1975?

(2) If so, is a program of continuous
inspections, investigations, examinations
and analyses of a municipal water and
sewer service system under a continuing
contract a "project" as defined by
S287.055(2) (f), Florida Statutes, 1975,
and thus subject to the requirements of
SS287.055(3) (a) and (4), F.S.?

Section 287.055, Florida Statutes, the Consultants' Competitive
Ne tiation Act (CCNA), has been the subject of several Attorney
Ge ral's Opinions during the preceding years. As I noted in
AGe 074-308, the CCNA:
f4


'8- 48


Will
Cit
Cit
201
Boc


Dea


whi
ta







76- 49 '
Wil Lam K. Howell, Jr., Esquire 076-142
Pag Two



[W]as designed to provide procedures for state
and local government agencies to follow in the
employment of professional service consultants
so as to make more competitive the contracting
for professional services and to require the
employing of the most qualified and competent
individuals and firms at fair, competitive and
reasonable compensation. AGO's 073-216 and
075-56 (e.s.).

Their purpose of the CCNA has also been stated as:

[T]o require competitive negotiation with
a view of obtaining the most qualified
firm for a particular project at the most
reasonable compensation . AGO's
074-191 and 075-86.

Since 1973 the CCNA has defined agency to include: (a) the
state or a state agency; (b) municipality or political subdivision;
and c) a school district or school board. S287.055(2)(b), F.S.
ChaI er 75-281, Laws of Florida, S2, added a definition of the word
"pr ect" which reads, in part:

"Project" means that fixed capital outlay
study or planning activity described in
the public notice of the state or state
agency pursuant to paragraph (a) of sub-
section (3). An agency shall prescribe
by administrative rule procedures for
the determination of a project under its
jurisdiction (e.s.). S287.055(2)(f),
F.S., 1975.

Sec ion 287.055(3)(a), F.S., 1975, requires that each agency publicly
anno unce:

[E]ach occasion when professional services
are required to be purchased for a project
whose basic construction cost is estimated
by the agency to be more than $100,000 or
for a planning or study activity when the
fee for professional services exceeds $5,000
Public notice shall include a general
description of the project .. (e.s.)






r 76-50
William K. Howell, Jr., Esquire
Page Three 076-142



The material which I have underscored is added to the subsection
as result of the 1975 amendments (Chapter 75-281 Laws of Florida,
S2)

Since the definition of the word "project" refers to the activ-
ity described in the public notice required by S287.055(3)(a), F.S.,
197 it is not permissible to rely solely upon the disembodied lan-
guage of the first sentence of S287.055(2)(f), F.S., 1975, for an
inc usive definition of the word "project." All parts of a statute
mus be read together. Amos v. Conkling, 126 So. 283 (Fla. 1930);
Sta e ex rel. Harris v. Bowden, 150 So. 259 (Fla. 1933). Each part
of statute is to be construed in connection with every other part,
Tam a & J. Ry Co. v. Catts, 85 So. 364 (Fla. 1920); In re Opinion to
the Sovernor, 60 So.2d 321 (Fla. 1952), and force and effect given to
eaci part thereof. State ex rel. Finlayson v. Amos, 79 So. 433 (Fla.
191 ); AGO 057-269. Statutory definitions usually control the meaning
of statutory words, but statutory definitions do not control where
obv ous incongruities in language would be created and where the major
pur ose of the statute would be destroyed. Lawson v. Suwannee Fruit
& S eamship Company, 336 U.S. 198, 93 L.Ed. 611, 69 S.Ct. 503 (1949).

I further note that the title of Chapter 75-281, Laws of Florida,
des ribes the amendment to S287.055(3)(a), F.S., as

[E]liminating the public notice and selection
process requirements for professional service
contracts for projects the estimated basic
construction cost of which is $100,000 or
less or a planning or study activity of
which the fee is $5,000 or less .

The title of an act may be considered in determining legislative intent
and may serve to aid in the construction of the body of the act and as
evi ence of that legislative intent. Curry v. Lehman, 47 So. 18 (Fla.
19081); State ex rel. Church v. Yeats, 77 So. 262 (Fla. 1917). The
fun tion of the title is to define the scope of the act. County of
HilLsborough v. Price, 149 So.2d 912 (2 D.C.A. 1963). Section 287.055
(3)(a), F.S., 1975, as amended by Chapter 75-281, still requires that
eac agency (as defined by 287.055(2) (b), F.S.) publicly announce
eaci occasion when professional services (as defined by 287.055(2)(a),
F.S.) are required for a project (as determined by each agency having
jurisdiction, S287.055(2)(f'), F.S.) when the cost of that project ex-
cee s the prescribed amounts. Therefore, any implied limitation of
the notice requirement, restricting it to only those projects contem-
plated by the state or state agencies, which appears in the first sen-
ten e of S287.055(2)(f), F.S., 1975, contradicts the existing law
(S2 7.055(3)(a), F.S.), as well as the second sentence of 287.055(2)
(f), both of which were added to or amended by Ch. 75-281, limiting
the notice requirement for projects of a certain cost.







76-51
William K. Howell, Jr., Esquire 076-142.
Page Four



The question of whether an amendment to a statute affects
an i plied amendment or repeal of an existing statute is one of
legi lative intent. State v. Gadsden County, 63 Fla. 620, 58 So.
22 (la. 1912), State ex rel. Worley v. Lee, 124 Fla. 503, 168 So.
809 Fla. 1936), State ex rel. Myers v. Cone, 139 Fla. 437, 190 So.
698 Fla. 1939), Re Wade, 150 Fla. 440, 7 So.2d 797 (Fla. 1942).

In this case, not only is the clear legislative intent to re-
peal a portion of the notice requirement absent, but, further, it
seen clear that the legislative intent was to limit notice require-
ment for projects below a certain dollar cost, not for projects con-
temr ated by municipalities and other non-state agencies. In the
abse ce of a clear indication of legislative intent to limit the ap-
plic tion of the CCNA to state and state agency projects, only, cf.,
Stat ex rel. Housing Authority of Plant City v. Kirk, 231 So.2d 522
(Fle 1970), I can see no fashion in which the statute can be read as
a cc esive whole, given the intent previously described (AGO's 073-216,
074- 91, 075-56, and 075-86), and yet construe 287.055(2)(f), F.S.,
197' as effecting an implied repeal of the application of a major
port on of the Act. The legislative intent as gathered from the lan-
guaci of a statute is the law, State ex rel. Davis v. Knight, 124
So. 461 (Fla. 1929); Pillans & Smith.Co., Inc. v. Lowe, 157 So. 649
(FI 1934), even though that intent may apparently contradict the
strip t letter of the statute, or a part thereof. State v. Sullivan,
116 o. 255 (Fla. 1928); Singleton v. Larson, 46 So.2d 186 (Fla. 1950).

When the-CCNA is examined and read in its entirety, the mani-
fest legislative intent and purpose to regulate the competitive ne-
got. tion of contracts by consultants for certain professional ser-
vice by designated local governments is clearly the overriding pur-
pose of the Act and therefore controls. This purpose is in no way
affe ted by the first sentence of subsection (2) (f), which cannot be
cons rued to defeat the overriding purpose of the Act. Municipalities
and ion-state agencies are subject to the Consultants' Competitive
Nego iation Act (S287.055, F.S., 1975) and 1975 amendments to that
Act lid not operate to impliedly repeal the application of the Act to
mun' ipalities and other non-state agencies.

Your first question is answered in the affirmative.

As to your second question, a program of continuous inspec-
tio investigations, examinations and analyses of a municipal water
and sewer system, under a continuing contract, might be construed as
a s udy activity within 287.055(3)(a), F.S., 1975, and therefore
wou d be subject to the Act if the fee for professional services in-
vol ed were greater than $5,000. AGO 075-131 states that a city may
emp oy a city engineer under a yearly contract to provide general
advice and assistance without complying with the CCNA each time the










Mr. illiam K. Howell, Jr., Esquire 076-142
SIPage Five




city called upon the city engineer for advice or assistance pursuant
to ine contract. Such a contract would not be a project pursuant to
the cCNA. That same opinion also states that "such an employment con-
tract should be limited to general advice and assistance; and an en-
gineering contract for a particular 'project' should be negotiated in
com fiance with the CCNA requirements ." Anything further than
general advice probably falls within the intent of the CCNA, as has
been previously expressed.

I note further that S287.055(2)(f), 1., and 2., F.S., 1975, pro-
vid for procedures for determination of projects which are couched
in terms of construction, rehabilitation or renovation activities.
Whe her or not a particular project falls within the parameters indi-
cat d above is a question of fact to be determined in each instance
by he responsible agency and challenged by parties who disagree.
The Attorney General is not a fact-finding official or body. AGO
075 78.

Your second question is answered accordingly.

SUMMARY

Municipalities and other non-state agencies are
still subject to the notice requirements and the com-
petitive selection and negotiation requirements of the
CCNA (287.055, F.S., 1975). 1975 Amendments did not
operate to impliedly repeal these requirements as to
the local governmental units designated in the Act.

A program of continuous inspections, investiga-
tions, examinations and analyses of a municipal water
and sewer service system under a continuing contract
could be construed as a study activity within S287.055
(3)(a), F.S., and subject to the Act if it involves
professional fees of more than $5000.00 and provides
for other than general advice and assistance, but
that is a factual question to be determined by the
governing body of the municipality or other govern-
mental agency.

Sincerely,



f folert S evin
Attorney General

RL /CLR/pf




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