HB 1079

1
A bill to be entitled
2An act relating to preference to Florida businesses in
3procurement of personal property and services; providing a
4short title; amending s. 283.35, F.S.; requiring an
5agency, county, municipality, school district, or other
6political subdivision of the state to grant a specified
7preference to a vendor located within the state when
8awarding a contract for printing; specifying the
9percentage of preference to be granted; amending s.
10287.084, F.S.; requiring, rather than authorizing, an
11agency, county, municipality, school district, or other
12political subdivision of the state in making purchases of
13personal property through competitive solicitation to
14award a preference to the lowest responsible and
15responsive vendor having a principal place of business
16within this state under specified circumstances;
17specifying the percentage of preference to be granted;
18providing nonapplicability; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  This act may be cited as the "Buy Florida Act."
23     Section 2.  Section 283.35, Florida Statutes, is amended to
24read:
25     283.35  Preference given printing within the state.-Every
26agency shall give preference to vendors located within the state
27When awarding a contract contracts to have materials printed,
28the agency, county, municipality, school district, or other
29political subdivision of this state awarding the contract shall
30grant a preference to the lowest responsible and responsive
31vendor having a principal place of business within this state.
32The preference shall be 5 percent if the lowest bid is submitted
33by a vendor whose principal place of business is located outside
34the state and if the whenever such printing can be performed in
35this state done at no greater expense than the expense of
36awarding a contract to a vendor located outside the state and
37can be done at a level of quality comparable to that obtainable
38from the a vendor submitting the lowest bid located outside the
39state.
40     Section 3.   Section 287.084, Florida Statutes, is amended
41to read:
42     287.084  Preference to Florida businesses.-
43     (1)(a)  When an agency, county, municipality, school
44district, or other political subdivision of the state is
45required to make purchases of personal property through
46competitive solicitation and the lowest responsible and
47responsive bid, proposal, or reply is by a vendor whose
48principal place of business is in a state or political
49subdivision thereof which grants a preference for the purchase
50of such personal property to a person whose principal place of
51business is in such state, then the agency, county,
52municipality, school district, or other political subdivision of
53this state shall may award a preference to the lowest
54responsible and responsive vendor having a principal place of
55business within this state, which preference is equal to the
56preference granted by the state or political subdivision thereof
57in which the lowest responsible and responsive vendor has its
58principal place of business. In a competitive solicitation in
59which the lowest bid is submitted by a vendor whose principal
60place of business is located outside the state and that state
61does not grant a preference in competitive solicitation to
62vendors having a principal place of business in that state, the
63preference to the lowest responsible and responsive vendor
64having a principal place of business in this state shall be 5
65percent.
66     (b)  Paragraph (a) However, this section does not apply to
67transportation projects for which federal aid funds are
68available.
69     (2)  If a solicitation provides for the granting of such
70preference as is provided in this section, Any vendor whose
71principal place of business is outside the State of Florida must
72accompany any written bid, proposal, or reply documents with a
73written opinion of an attorney at law licensed to practice law
74in that foreign state, as to the preferences, if any or none,
75granted by the law of that state to its own business entities
76whose principal places of business are in that foreign state in
77the letting of any or all public contracts.
78     Section 4.  This act shall take effect July 1, 2011.


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