| 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 to include the purchase of construction |
| 9 | services; providing that for specified competitive |
| 10 | solicitations the authority to grant preference supersedes |
| 11 | any local ordinance or regulation which grants preference |
| 12 | to specified vendors; requiring a county, municipality, |
| 13 | school district, or other political subdivision to make |
| 14 | specified disclosures in competitive solicitation |
| 15 | documents; providing construction; providing an effective |
| 16 | date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (1) of section 287.084, Florida |
| 21 | Statutes, is amended to read: |
| 22 | 287.084 Preference to Florida businesses.- |
| 23 | (1)(a) When an agency, county, municipality, school |
| 24 | district, or other political subdivision of the state is |
| 25 | required to make purchases of personal property or construction |
| 26 | services through competitive solicitation and the lowest |
| 27 | responsible and responsive bid, proposal, or reply is by a |
| 28 | vendor whose principal place of business is in a state or |
| 29 | political subdivision thereof which grants a preference for the |
| 30 | purchase of such personal property or construction services to a |
| 31 | person whose principal place of business is in such state, then |
| 32 | the agency, county, municipality, school district, or other |
| 33 | political subdivision of this state may award a preference to |
| 34 | the lowest responsible and responsive vendor having a principal |
| 35 | place of business within this state, which preference is equal |
| 36 | to the preference granted by the state or political subdivision |
| 37 | thereof in which the lowest responsible and responsive vendor |
| 38 | has its principal place of business. However, this section does |
| 39 | not apply to transportation projects for which federal aid funds |
| 40 | are available. |
| 41 | (b)1. For a competitive solicitation in which payment for |
| 42 | the personal property or construction services is to be made in |
| 43 | whole or in part from funds appropriated by the state, this |
| 44 | section preempts and supersedes any local ordinance or |
| 45 | regulation that grants preference to a vendor based upon: |
| 46 | a. The vendor maintaining an office or place of business |
| 47 | within a particular local jurisdiction; |
| 48 | b. The vendor hiring employees or subcontractors from |
| 49 | within a particular local jurisdiction; or |
| 50 | c. The vendor's prior payment of local taxes, assessments, |
| 51 | or duties within a particular local jurisdiction. |
| 52 | 2. In any competitive solicitation subject to this |
| 53 | section, a county, municipality, school district, or other |
| 54 | political subdivision shall disclose in the solicitation |
| 55 | document whether payment will come from funds appropriated by |
| 56 | the state and, if known, the amount of such funds or the |
| 57 | percentage of such funds as compared to the anticipated total |
| 58 | cost of the personal property or construction services. |
| 59 | 3. Except as provided in subparagraph 1., this section |
| 60 | does not prevent a county, municipality, school district, or |
| 61 | other political subdivision of this state from awarding a |
| 62 | contract to any vendor in accordance with applicable state laws |
| 63 | or local ordinances or regulations. |
| 64 | Section 2. This act shall take effect July 1, 2011. |