Senate Bill 1064c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 1064
By the Committee on Commerce and Economic Opportunities; and
Senator Campbell
310-2210-98
1 A bill to be entitled
2 An act relating to persons not legally
3 authorized for employment; amending s. 287.012,
4 F.S.; providing that, to be a "qualified
5 bidder" with respect to providing personal
6 property or services, a person must comply with
7 any contract conditions prohibiting the
8 employment of persons not legally authorized
9 for such employment; amending s. 287.057, F.S.;
10 requiring that invitations to bid, requests for
11 proposal, and contracts shall contain notice
12 specifying that contracts with a contractor who
13 knowingly employs persons not legally
14 authorized for such employment shall be subject
15 to cancellation; providing the process for such
16 cancellation; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (13) of section 287.012, Florida
21 Statutes, is amended to read:
22 287.012 Definitions.--The following definitions shall
23 apply in this part:
24 (13) "Qualified bidder," "responsible bidder,"
25 "qualified offeror," or "responsible offeror" means a person
26 who has the capability in all respects to perform fully the
27 contract requirements, complies with any contract conditions
28 prohibiting the employment of persons not legally authorized
29 for such employment, and has the integrity and reliability
30 which will assure good faith performance.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 1064
310-2210-98
1 Section 2. Subsection (1) of section 287.057, Florida
2 Statutes, is amended, and subsection (22) is added to said
3 section, to read:
4 287.057 Procurement of commodities or contractual
5 services.--
6 (1)(a) Unless otherwise authorized by law, all
7 contracts for the purchase of commodities or contractual
8 services in excess of the threshold amount provided in s.
9 287.017 for CATEGORY TWO shall be awarded by competitive
10 sealed bidding. An invitation to bid shall be issued which
11 shall include a detailed description of the commodities or
12 contractual services sought; the date for submittal of bids;
13 and all contractual terms and conditions applicable to the
14 procurement of commodities or contractual services, including
15 the criteria which shall include, but need not be limited to,
16 price, to be used in determining acceptability of the bid. If
17 the agency contemplates renewal of the contract, it shall be
18 so stated in the invitation to bid. The bid shall include the
19 price for each year for which the contract may be renewed.
20 Evaluation of bids shall include consideration of the total
21 cost for each year as quoted by the bidder. No criteria may
22 be used in determining acceptability of the bid which that was
23 not set forth in the invitation to bid. The contract shall be
24 awarded with reasonable promptness by written notice to the
25 qualified and responsive bidder who submits the lowest
26 responsive bid. This bid must be determined in writing to
27 meet the requirements and criteria set forth in the invitation
28 to bid.
29 (b) Each invitation to bid, request for proposal, or
30 contract shall contain the following notice:
31 NOTICE TO CONTRACTOR:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 1064
310-2210-98
1 The employment of persons whom the contractor, through
2 the actions of the owner, chief executive officer, chief
3 financial officer, or any person with authority to hire and
4 manage the operations of the contractor's business, knows are
5 not legally authorized for such employment shall be cause for
6 cancellation of the contract pursuant to section 287.057(22),
7 Florida Statutes.
8 (22) Any contract with a contractor who knowingly,
9 through the actions of the owner, chief executive officer,
10 chief financial officer, or any person with authority to hire
11 and manage the operations of the contractor's business,
12 employs persons not legally authorized for such employment
13 shall be subject to cancellation by filing for declaratory
14 judgment in the circuit court wherein the state agency, as
15 defined in s. 287.012(1), maintains its principal place of
16 business.
17 Section 3. This act shall take effect October 1, 1998.
18
19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 Senate Bill 1064
21
22 The committee substitute:
23 Eliminates references to "illegal aliens," to instead make the
measure's government contractor qualification, notice, and
24 contract cancellation provisions applicable to the employment
of persons "not legally authorized for such employment."
25
Bases a contractor's responsibility relating to the employment
26 of persons not legally authorized for such employment upon the
actions of the owner, chief executive officer, chief financial
27 officer, or any person with authority to hire and manage the
operations of the contractor's business.
28
Specifies that a contract with a contractor who knowingly
29 employs persons not legally authorized for such employment is
subject to cancellation by filing for declaratory judgment in
30 the circuit court where the applicable state agency maintains
its principal place of business.
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