Florida Senate - 2011                                     SB 574
       
       
       
       By Senator Wise
       
       
       
       
       5-00497A-11                                            2011574__
    1                        A bill to be entitled                      
    2         An act relating to preference in award of state
    3         contracts; amending s. 287.084, F.S.; expanding
    4         provisions that authorize an agency, county,
    5         municipality, school district, or other political
    6         subdivision of the state to provide preferential
    7         consideration to a Florida business in awarding
    8         competitively bid contracts to purchase personal
    9         property to include the purchase of construction
   10         services; providing that for specified competitive
   11         solicitations the authority to grant preference
   12         supersedes any local ordinance or regulation that
   13         grants preference to specified vendors; requiring a
   14         county, municipality, school district, or other
   15         political subdivision to make specified disclosures in
   16         competitive solicitation documents; providing
   17         construction; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (1) of section 287.084, Florida
   22  Statutes, is amended to read:
   23         287.084 Preference to Florida businesses.—
   24         (1)(a) When an agency, county, municipality, school
   25  district, or other political subdivision of the state is
   26  required to make purchases of personal property or construction
   27  services through competitive solicitation and the lowest
   28  responsible and responsive bid, proposal, or reply is by a
   29  vendor whose principal place of business is in a state or
   30  political subdivision thereof which grants a preference for the
   31  purchase of such personal property or construction services to a
   32  person whose principal place of business is in such state, then
   33  the agency, county, municipality, school district, or other
   34  political subdivision of this state may award a preference to
   35  the lowest responsible and responsive vendor having a principal
   36  place of business within this state, which preference is equal
   37  to the preference granted by the state or political subdivision
   38  thereof in which the lowest responsible and responsive vendor
   39  has its principal place of business. However, this section does
   40  not apply to transportation projects for which federal aid funds
   41  are available.
   42         (b)1. For a competitive solicitation in which payment for
   43  the personal property or construction services is to be made in
   44  whole or in part from funds appropriated by the state, this
   45  section preempts and supersedes any local ordinance or
   46  regulation that grants preference to a vendor based upon:
   47         a. The vendor maintaining an office or place of business
   48  within a particular local jurisdiction;
   49         b. The vendor hiring employees or subcontractors from
   50  within a particular local jurisdiction; or
   51         c. The vendor’s prior payment of local taxes, assessments,
   52  or duties within a particular local jurisdiction.
   53         2. In any competitive solicitation subject to this section,
   54  a county, municipality, school district, or other political
   55  subdivision shall disclose in the solicitation document whether
   56  payment will come from funds appropriated by the state and, if
   57  known, the amount of such funds or the percentage of such funds
   58  as compared to the anticipated total cost of the personal
   59  property or construction services.
   60         3. Except as provided in subparagraph 1., this section does
   61  not prevent a county, municipality, school district, or other
   62  political subdivision of this state from awarding a contract to
   63  any vendor in accordance with applicable state laws or local
   64  ordinances or regulations.
   65         Section 2. This act shall take effect July 1, 2011.