Senate Bill 0764

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    Florida Senate - 1998                                   SB 764

    By Senator Turner





    36-715-98

  1                      A bill to be entitled

  2         An act relating to small businesses; amending

  3         ss. 235.31, 287.093 F.S.; authorizing a county,

  4         municipality, community college, or district

  5         school board to allocate certain funds for

  6         construction contracts with small businesses

  7         and for contracts with small businesses for

  8         personal property or services; providing an

  9         effective date.

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

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13         Section 1.  Subsection (1) of section 235.31, Florida

14  Statutes, is amended to read:

15         235.31  Advertising and awarding contracts;

16  prequalification of contractor.--

17         (1)(a)  As soon as practicable after any bond issue has

18  been voted upon and authorized or funds have been made

19  available for the construction, remodeling, renovation,

20  demolition, or otherwise for the improvement, of any

21  educational or ancillary plant, and after plans for the work

22  have been approved, the board, if competitively bidding the

23  project pursuant to s. 235.211, after advertising the same in

24  the manner prescribed by law or rule, shall award the contract

25  for the building or improvements to the lowest responsible

26  bidder.  However, if after taking all deductive alternates,

27  the bid of the lowest responsible bidder exceeds the

28  construction budget for the project established at the phase

29  III submittal, the board may declare an emergency.  After

30  stating the reasons why an emergency exists, the board may

31  negotiate the construction contract or modify the contract,

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    Florida Senate - 1998                                   SB 764
    36-715-98




  1  including the specifications, with the lowest responsible

  2  bidder and, if the contract is modified, shall resubmit the

  3  documents to the department for review.  The board may reject

  4  all bids received and may readvertise, calling for new bids.

  5         (b)  Each board may declare an emergency pursuant to

  6  this subsection. A situation created by fire, storm, or other

  7  providential cause resulting in:

  8         1.  Imminent danger to life or safety; or

  9         2.  Overcrowding of students

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11  constitutes an emergency.

12         (c)  As an option, any county, municipality, community

13  college, or district school board may set aside up to 10

14  percent of the total amount of funds allocated for the purpose

15  of entering into construction capital project contracts with

16  minority business enterprises, as defined in s. 287.094.  Such

17  contracts shall be competitively bid only among minority

18  business enterprises. The set-aside shall be used to redress

19  present effects of past discriminatory practices and shall be

20  subject to periodic reassessment to account for changing needs

21  and circumstances.

22         (d)  Any county, municipality, community college, or

23  district school board may implement a small business program

24  that may include, but need not be limited to, setting aside

25  funds allocated for competitively bid construction projects

26  for contracts with small businesses.

27         Section 2.  Section 287.093, Florida Statutes, is

28  amended to read:

29         287.093  Minority business enterprises; procurement of

30  personal property and services from funds set aside for such

31  purpose.--

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






    Florida Senate - 1998                                   SB 764
    36-715-98




  1         (1)  Any county, municipality, community college, or

  2  district school board may set aside up to 10 percent or more

  3  of the total amount of funds allocated for the procurement of

  4  personal property and services for the purpose of entering

  5  into contracts with minority business enterprises.  Such

  6  contracts shall be competitively bid only among minority

  7  business enterprises.  The set-aside shall be used to redress

  8  present effects of past discriminatory practices and shall be

  9  subject to periodic reassessment to account for changing needs

10  and circumstances.

11         (2)  Any county, municipality, community college, or

12  district school board may implement a small business program

13  that may include, but need not be limited to, setting aside

14  funds allocated for competitively bid contracts for procuring

15  personal property or services from small businesses.

16         Section 3.  This act shall take effect July 1, 1998.

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19                          SENATE SUMMARY

20    Provides that certain governmental entities may set aside
      funds allocated for competitive contracts for the purpose
21    of contracting with small businesses for construction
      projects or for the procurement of personal property or
22    services.

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