House Bill 0231e1

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                                    CS/HB 231, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to illegal aliens; amending s.

  3         287.012, F.S.; providing that, to be a

  4         "qualified bidder" with respect to providing

  5         personal property or services, a person must

  6         comply with any contract conditions prohibiting

  7         the employment of illegal aliens, as defined;

  8         amending s. 287.057, F.S.; requiring that

  9         invitations to bid, requests for proposal, and

10         contracts shall contain notice specifying that

11         contracts with a contractor who knowingly

12         employs illegal aliens shall be subject to

13         unilateral cancellation; providing an effective

14         date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsection (13) of section 287.012, Florida

19  Statutes, is amended, and subsection (20) is added to that

20  section, to read:

21         287.012  Definitions.--The following definitions shall

22  apply in this part:

23         (13)  "Qualified bidder," "responsible bidder,"

24  "qualified offeror," or "responsible offeror" means a person

25  who has the capability in all respects to perform fully the

26  contract requirements, complies with any contract conditions

27  prohibiting the employment of illegal aliens, and has the

28  integrity and reliability which will assure good faith

29  performance.

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CODING: Words stricken are deletions; words underlined are additions.






                                    CS/HB 231, First Engrossed/ntc



  1         (20)  "Illegal alien" means a person who is in the

  2  state in violation of immigration laws and the Constitution of

  3  the United States.

  4         Section 2.  Subsection (1) of section 287.057, Florida

  5  Statutes, is amended, and subsection (22) is added to said

  6  section, to read:

  7         287.057  Procurement of commodities or contractual

  8  services.--

  9         (1)(a)  Unless otherwise authorized by law, all

10  contracts for the purchase of commodities or contractual

11  services in excess of the threshold amount provided in s.

12  287.017 for CATEGORY TWO shall be awarded by competitive

13  sealed bidding. An invitation to bid shall be issued which

14  shall include a detailed description of the commodities or

15  contractual services sought; the date for submittal of bids;

16  and all contractual terms and conditions applicable to the

17  procurement of commodities or contractual services, including

18  the criteria which shall include, but need not be limited to,

19  price, to be used in determining acceptability of the bid.  If

20  the agency contemplates renewal of the contract, it shall be

21  so stated in the invitation to bid.  The bid shall include the

22  price for each year for which the contract may be renewed.

23  Evaluation of bids shall include consideration of the total

24  cost for each year as quoted by the bidder.  No criteria may

25  be used in determining acceptability of the bid that was not

26  set forth in the invitation to bid.  The contract shall be

27  awarded with reasonable promptness by written notice to the

28  qualified and responsive bidder who submits the lowest

29  responsive bid.  This bid must be determined in writing to

30  meet the requirements and criteria set forth in the invitation

31  to bid.


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CODING: Words stricken are deletions; words underlined are additions.






                                    CS/HB 231, First Engrossed/ntc



  1         (b)  Every invitation to bid, request for proposal, or

  2  contract shall contain the following notice:

  3                      NOTICE TO CONTRACTOR:

  4         The employment of unauthorized aliens is considered a

  5  violation of s. 274A(c) of the Immigration and Nationality

  6  Act. If a contractor knowingly employs unauthorized aliens,

  7  such violation shall be cause for unilateral cancellation of

  8  the contract.

  9         (22)  Any contract with a contractor who knowingly

10  employs illegal aliens shall be subject to unilateral

11  cancellation.

12         Section 3.  This act shall take effect October 1 of the

13  year in which enacted.

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