SB 538 First Engrossed
2012538e1
1 A bill to be entitled
2 An act relating to preference to Florida businesses in
3 procurement of personal property and services;
4 providing a short title; amending s. 283.35, F.S.;
5 requiring an agency, university, college, school
6 district, or other political subdivision of the state
7 to grant a specified preference to a vendor located
8 within the state when awarding a contract for
9 printing; specifying the percentage of preference to
10 be granted; amending s. 287.057, F.S.; providing an
11 exception to the requirement for competitive
12 solicitation of contractual services and commodities
13 for public service announcement programs provided by
14 certain nonprofit corporations; amending s. 287.084,
15 F.S.; requiring, rather than authorizing, an agency,
16 university, college, school district, or other
17 political subdivision of the state in making purchases
18 of personal property through competitive solicitation
19 to award a preference to the lowest responsible and
20 responsive vendor having a principal place of business
21 within this state under specified circumstances;
22 specifying the percentage of preference to be granted;
23 providing nonapplicability; prohibiting the preclusion
24 of a vendor whose principal place of business is in
25 this state from being an authorized reseller of
26 information technology commodities of state
27 contractors, under certain circumstances; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. This act may be cited as the “Buy Florida Act.”
33 Section 2. Section 283.35, Florida Statutes, is amended to
34 read:
35 283.35 Preference given printing within the state.—Every
36 agency shall give preference to vendors located within the state
37 When awarding a contract contracts to have materials printed,
38 the agency, university, college, school district, or other
39 political subdivision of this state awarding the contract shall
40 grant a preference to the lowest responsible and responsive
41 vendor having a principal place of business within this state.
42 The preference shall be 5 percent if the lowest bid is submitted
43 by a vendor whose principal place of business is located outside
44 the state and if the whenever such printing can be performed in
45 this state done at no greater expense than the expense of
46 awarding a contract to a vendor located outside the state and
47 can be done at a level of quality comparable to that obtainable
48 from the a vendor submitting the lowest bid located outside the
49 state. As used in this section, the term “other political
50 subdivision of this state” does not include counties or
51 municipalities.
52 Section 3. Paragraph (f) of subsection (3) of section
53 287.057, Florida Statutes, is amended to read:
54 287.057 Procurement of commodities or contractual
55 services.—
56 (3) When the purchase price of commodities or contractual
57 services exceeds the threshold amount provided in s. 287.017 for
58 CATEGORY TWO, no purchase of commodities or contractual services
59 may be made without receiving competitive sealed bids,
60 competitive sealed proposals, or competitive sealed replies
61 unless:
62 (f) The following contractual services and commodities are
63 not subject to the competitive-solicitation requirements of this
64 section:
65 1. Artistic services. For the purposes of this subsection,
66 the term “artistic services” does not include advertising or
67 typesetting. As used in this subparagraph, the term
68 “advertising” means the making of a representation in any form
69 in connection with a trade, business, craft, or profession in
70 order to promote the supply of commodities or services by the
71 person promoting the commodities or contractual services.
72 2. Academic program reviews if the fee for such services
73 does not exceed $50,000.
74 3. Lectures by individuals.
75 4. Legal services, including attorney, paralegal, expert
76 witness, appraisal, or mediator services.
77 5.a. Health services involving examination, diagnosis,
78 treatment, prevention, medical consultation, or administration.
79 b. Beginning January 1, 2011, health services, including,
80 but not limited to, substance abuse and mental health services,
81 involving examination, diagnosis, treatment, prevention, or
82 medical consultation, when such services are offered to eligible
83 individuals participating in a specific program that qualifies
84 multiple providers and uses a standard payment methodology.
85 Reimbursement of administrative costs for providers of services
86 purchased in this manner shall also be exempt. For purposes of
87 this sub-subparagraph, “providers” means health professionals,
88 health facilities, or organizations that deliver or arrange for
89 the delivery of health services.
90 6. Services provided to persons with mental or physical
91 disabilities by not-for-profit corporations which have obtained
92 exemptions under the provisions of s. 501(c)(3) of the United
93 States Internal Revenue Code or when such services are governed
94 by the provisions of Office of Management and Budget Circular A
95 122. However, in acquiring such services, the agency shall
96 consider the ability of the vendor, past performance,
97 willingness to meet time requirements, and price.
98 7. Medicaid services delivered to an eligible Medicaid
99 recipient unless the agency is directed otherwise in law.
100 8. Family placement services.
101 9. Prevention services related to mental health, including
102 drug abuse prevention programs, child abuse prevention programs,
103 and shelters for runaways, operated by not-for-profit
104 corporations. However, in acquiring such services, the agency
105 shall consider the ability of the vendor, past performance,
106 willingness to meet time requirements, and price.
107 10. Training and education services provided to injured
108 employees pursuant to s. 440.491(6).
109 11. Contracts entered into pursuant to s. 337.11.
110 12. Services or commodities provided by governmental
111 agencies.
112 13. Statewide public service announcement programs provided
113 by a Florida statewide nonprofit corporation under s. 501(c)(6)
114 of the Internal Revenue Code, with a guaranteed documented match
115 of at least $3 to $1.
116 Section 4. Section 287.084, Florida Statutes, is amended to
117 read:
118 287.084 Preference to Florida businesses.—
119 (1)(a) When an agency, university, college, county,
120 municipality, school district, or other political subdivision of
121 the state is required to make purchases of personal property
122 through competitive solicitation and the lowest responsible and
123 responsive bid, proposal, or reply is by a vendor whose
124 principal place of business is in a state or political
125 subdivision thereof which grants a preference for the purchase
126 of such personal property to a person whose principal place of
127 business is in such state, then the agency, university, college
128 county, municipality, school district, or other political
129 subdivision of this state shall may award a preference to the
130 lowest responsible and responsive vendor having a principal
131 place of business within this state, which preference is equal
132 to the preference granted by the state or political subdivision
133 thereof in which the lowest responsible and responsive vendor
134 has its principal place of business. In a competitive
135 solicitation in which the lowest bid is submitted by a vendor
136 whose principal place of business is located outside the state
137 and that state does not grant a preference in competitive
138 solicitation to vendors having a principal place of business in
139 that state, the preference to the lowest responsible and
140 responsive vendor having a principal place of business in this
141 state shall be 5 percent.
142 (b) Paragraph (a) However, this section does not apply to
143 transportation projects for which federal aid funds are
144 available.
145 (c) As used in this section, the term “other political
146 subdivision of this state” does not include counties or
147 municipalities.
148 (2) If a solicitation provides for the granting of such
149 preference as is provided in this section, Any vendor whose
150 principal place of business is outside the State of Florida must
151 accompany any written bid, proposal, or reply documents with a
152 written opinion of an attorney at law licensed to practice law
153 in that foreign state, as to the preferences, if any or none,
154 granted by the law of that state to its own business entities
155 whose principal places of business are in that foreign state in
156 the letting of any or all public contracts.
157 (3)(a) A vendor whose principal place of business is in
158 this state may not be precluded from being an authorized
159 reseller of information technology commodities of a state
160 contractor as long as the vendor demonstrates that it employs an
161 internationally recognized quality management system, such as
162 ISO 9001 or its equivalent, and provides a warranty on the
163 information technology commodities which is, at a minimum, of
164 equal scope and length as that of the contract.
165 (b) This subsection applies to any renewal of any state
166 contract executed on or after July 1, 2012.
167 Section 5. This act shall take effect July 1, 2012.