Senate Bill sb1284

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    Florida Senate - 2005                                  SB 1284

    By Senator Hill





    1-605-05

  1                      A bill to be entitled

  2         An act relating to government contracting;

  3         requiring contracts for procurement of services

  4         by governmental entities to include provisions

  5         requiring those services to be performed by

  6         United States citizens or persons lawfully able

  7         to work within the United States and to be

  8         performed within the United States; providing

  9         exceptions; providing a definition; requiring a

10         review of existing contracts and a report by

11         the Chief Financial Officer; providing an

12         effective date.

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

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16         Section 1.  State contracts for services; required

17  content.--

18         (1)  Each state contract that is primarily for the

19  performance of services must contain provisions that specify

20  that only persons who are citizens of the United States or are

21  authorized under federal law to work in the United States may

22  be employed in performing all services under the contract, or

23  under a subcontract awarded under that contract, and that

24  those services must be performed within the United States.

25         (2)  Subsection (1) does not apply when:

26         (a)  The head of an agency within the executive branch

27  certifies, in writing, a finding that a service required by

28  that agency cannot be provided by a contractor or

29  subcontractor within the United States and the Chief Financial

30  Officer approves the certification.

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    Florida Senate - 2005                                  SB 1284
    1-605-05




 1         (b)  The contracting officer for the Legislature or for

 2  any office, board, bureau, or commission within the

 3  legislative branch certifies, in writing, a finding that a

 4  service required by the Legislature or by such office, board,

 5  bureau, or commission cannot be provided by a contractor or

 6  subcontractor within the United States and the President of

 7  the Senate and the Speaker of the House of Representatives

 8  approve the certification.

 9         (c)  The contracting officer of any independent state

10  governmental entity certifies, in writing, a finding that a

11  service required by that entity cannot be provided by a

12  contractor or subcontractor within the United States and the

13  chief executive officer of the entity approves the

14  certification.

15         (d)  An agency head described in paragraph (a) or a

16  contracting officer described in paragraph (b) or paragraph

17  (c) certifies, in writing, a finding that inclusion of the

18  provision required in subsection (1) would violate the terms,

19  conditions, or limitations of any grant, funding, or financial

20  assistance from the Federal Government or an agency thereof

21  and the Chief Financial Officer, President of the Senate and

22  Speaker of the House of Representatives, or chief executive

23  officer approves the certification.

24         (3)  As used in this section, the term "state contract"

25  includes each contract entered into by the Governor; an agency

26  within the executive branch; the Legislature or an office,

27  board, bureau, or commission within the legislative branch; or

28  an independent state governmental entity authorized to enter

29  into contracts that include the performance of services. A

30  county, municipality, or school district is not an independent

31  state entity for purposes of this section.

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    Florida Senate - 2005                                  SB 1284
    1-605-05




 1         (4)  The Chief Financial Officer shall review all state

 2  contracts that are primarily for the performance of services

 3  and that are in effect on July 1, 2005, and determine whether

 4  any of the services performed by the contractor or a

 5  subcontractor are being performed outside the United States.

 6  The Chief Financial Officer shall report the findings of such

 7  review to the Governor, the President of the Senate, the

 8  Minority Leader of the Senate, the Speaker of the House of

 9  Representatives, and the Minority Leader of the House of

10  Representatives by January 1, 2006. This report is a public

11  record.

12         Section 2.  This act shall take effect July 1, 2005.

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15                          SENATE SUMMARY

16    Requires certain government contracts for the procurement
      of services to contain provisions requiring that the
17    services be performed in this country by United States
      citizens or by persons lawfully entitled to be employed
18    in the United States. This does not apply when there is a
      finding that the services cannot be provided by a
19    contractor or subcontractor within the United States.

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