HB 1161

1	A bill to be entitled
2	An act relating to preference to Florida businesses in
3	procurement of personal property and services; designating
4	the title of the act as the "Buy Florida Act"; amending s.
5	287.084, F.S.; requiring, rather than authorizing, an
6	agency, county, municipality, school district, or other
7	political subdivision of the state that is required to
8	make purchases of personal property through competitive
9	solicitation to award a preference to the lowest
10	responsible and responsive vendor having a principal place
11	of business within this state under specified
12	circumstances; specifying the percentages of preference to
13	be granted; providing nonapplicability; amending s.
14	283.35, F.S.; requiring an agency, county, municipality,
15	school district, or other political subdivision of the
16	state to grant a specified preference to a vendor located
17	within the state when awarding a contract for printing
18	under certain circumstances; specifying the percentages of
19	preference to be granted; providing nonapplicability;
20	providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  This act may be cited as the "Buy Florida Act."
25	Section 2.  Section 287.084, Florida Statutes, is amended
26	to read:
27	287.084  Preference to Florida businesses.-
28	(1)(a)  When an agency, county, municipality, school
29	district, or other political subdivision of the state is
30	required to make purchases of personal property through
31	competitive solicitation and the lowest responsible and
32	responsive bid, proposal, or reply is by a vendor whose
33	principal place of business is in a state or political
34	subdivision thereof which grants a preference for the purchase
35	of such personal property to a person whose principal place of
36	business is in such state, then the agency, county,
37	municipality, school district, or other political subdivision of
38	this state shall may award a preference to the lowest
39	responsible and responsive vendor having a principal place of
40	business within this state, which preference is equal to the
41	preference granted by the state or political subdivision thereof
42	in which the lowest responsible and responsive vendor has its
43	principal place of business. In a competitive solicitation in
44	which the lowest bid is submitted by a vendor whose principal
45	place of business is located outside the state and that state
46	does not grant a preference in competitive solicitation to
47	vendors having a principal place of business in that state, the
48	preference to the lowest responsible and responsive vendor
49	having a principal place of business within this state shall be
50	5 percent.
51	(b)  Paragraph (a) However, this section does not apply to:
52	1.  Transportation projects for which federal aid funds are
53	available.
54	2.  Bids submitted by the corporation defined in part II of
55	chapter 946, known as the Prison Rehabilitative Industries and
56	Diversified Enterprises, Inc., or PRIDE Enterprises.
57	(2)  If a solicitation provides for the granting of such
58	preference as is provided in this section, Any vendor whose
59	principal place of business is outside the State of Florida must
60	accompany any written bid, proposal, or reply documents with a
61	written opinion of an attorney at law licensed to practice law
62	in that foreign state, as to the preferences, if any or none,
63	granted by the law of that state to its own business entities
64	whose principal places of business are in that foreign state in
65	the letting of any or all public contracts.
66	Section 3.  Section 283.35, Florida Statutes, is amended to
67	read:
68	283.35  Preference given printing within the state.-Every
69	agency shall give preference to vendors located within the state
70	(1)  When awarding a contract contracts to have materials
71	printed, the agency, county, municipality, school district, or
72	other political subdivision of this state awarding the contract
73	shall grant a preference to the lowest responsible and
74	responsive vendor having a principal place of business within
75	this state, which preference is:
76	(a)  Equal to the preference granted by the state or
77	political subdivision thereof in which the lowest responsible
78	and responsive vendor has its principal place of business; or
79	(b)  If the lowest bid is submitted by a vendor whose
80	principal place of business is located outside the state and
81	that state does not grant a preference in competitive
82	solicitation to vendors having a principal place of business in
83	that state, the preference to the lowest responsible and
84	responsive vendor having a principal place of business within
85	this state shall be 5 percent,
86
87	if the whenever such printing can be performed in this state
88	done at no greater expense than the expense of awarding a
89	contract to a vendor located outside the state and can be done
90	at a level of quality comparable to that obtainable from the a
91	vendor submitting the lowest bid located outside the state.
92	(2)  Subsection (1) does not apply to a contract for
93	printing awarded to the corporation defined in part II of
94	chapter 946, known as the Prison Rehabilitative Industries and
95	Diversified Enterprises, Inc., or PRIDE Enterprises.
96	(3)  Any vendor whose principal place of business is
97	outside the State of Florida must accompany any written bid,
98	proposal, or reply documents with a written opinion of an
99	attorney at law licensed to practice law in that foreign state,
100	as to the preferences, if any or none, granted by the law of
101	that state to its own business entities whose principal places
102	of business are in that foreign state in the letting of any or
103	all public contracts.
104	Section 4.  This act shall take effect July 1, 2010.

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