| 1 | A bill to be entitled |
| 2 | An act relating to preference in award of state contracts; |
| 3 | amending s. 287.084, F.S.; expanding provisions that |
| 4 | authorize an agency, county, municipality, school |
| 5 | district, or other political subdivision of the state to |
| 6 | provide preferential consideration to a Florida business |
| 7 | in awarding competitively bid contracts to purchase |
| 8 | personal property under specified circumstances to include |
| 9 | the purchase of construction services; providing that such |
| 10 | authority to grant preference supersedes any local |
| 11 | ordinance or regulation which grants preference to local |
| 12 | bidders; providing construction; providing an effective |
| 13 | date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (1) of section 287.084, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 287.084 Preference to Florida businesses.- |
| 20 | (1)(a) When an agency, county, municipality, school |
| 21 | district, or other political subdivision of the state is |
| 22 | required to make purchases of personal property or construction |
| 23 | services through competitive solicitation and the lowest |
| 24 | responsible and responsive bid, proposal, or reply is by a |
| 25 | vendor whose principal place of business is in a state or |
| 26 | political subdivision thereof which grants a preference for the |
| 27 | purchase of such personal property or construction services to a |
| 28 | person whose principal place of business is in such state, then |
| 29 | the agency, county, municipality, school district, or other |
| 30 | political subdivision of this state may award a preference to |
| 31 | the lowest responsible and responsive vendor having a principal |
| 32 | place of business within this state, which preference is equal |
| 33 | to the preference granted by the state or political subdivision |
| 34 | thereof in which the lowest responsible and responsive vendor |
| 35 | has its principal place of business. However, this section does |
| 36 | not apply to transportation projects for which federal aid funds |
| 37 | are available. |
| 38 | (b)1. This section supersedes any local ordinance or |
| 39 | regulation which grants preference to a local bidder based upon |
| 40 | the bidder maintaining a local business office or a local |
| 41 | principal place of business or based upon payment by the bidder |
| 42 | of local taxes, assessments, or duties. |
| 43 | 2. Except as provided in subparagraph 1., nothing in this |
| 44 | section prevents a county, municipality, school district, or |
| 45 | other political subdivision of this state from awarding a |
| 46 | contract to any bidder in accordance with applicable state laws |
| 47 | or local ordinances. |
| 48 | Section 2. This act shall take effect July 1, 2010. |