Senate Bill 0764
CODING: Words stricken are deletions; words underlined are additions.
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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CODING: Words stricken are deletions; words underlined are additions.
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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