Florida Senate - 2014 SB 612 By Senator Hays 11-00814-14 2014612__ 1 A bill to be entitled 2 An act relating to preference in the award of state 3 contracts; amending s. 287.084, F.S.; expanding 4 provisions that require an agency, university, 5 college, 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; requiring counties and municipalities to 11 provide such preferential consideration; providing 12 that for specified competitive solicitations the 13 authority to grant a preference supersedes any local 14 ordinance or regulation that restricts specified 15 contractors from competing for an award based upon 16 certain conditions; requiring a university, college, 17 county, municipality, school district, or other 18 political subdivision to make specified disclosures in 19 competitive solicitation documents; providing that a 20 university, college, county, municipality, school 21 district, or other political subdivision is not 22 prohibited from awarding a contract to a vendor under 23 certain circumstances; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (1) of section 287.084, Florida 28 Statutes, is amended to read: 29 287.084 Preference to Florida businesses.— 30 (1)(a) IfWhenan agency, university, college, school 31 district, or other political subdivision of the state is 32 required to make purchases of personal property or construction 33 services through competitive solicitation and the lowest 34 responsible and responsive bid, proposal, or reply is by a 35 vendor whose principal place of business is in a state or 36 political subdivision thereof which grants a preference for the 37 purchase of such personal property or construction services to a 38 person whose principal place of business is in such state, then 39 the agency, university, college, school district, or other 40 political subdivision of this state shall award a preference to 41 the lowest responsible and responsive vendor having a principal 42 place of business within this state, which preference is equal 43 to the preference granted by the state or political subdivision 44 thereof in which the lowest responsible and responsive vendor 45 has its principal place of business. In a competitive 46 solicitation in which the lowest bid is submitted by a vendor 47 whose principal place of business is located outside the state 48 and that state does not grant a preference in competitive 49 solicitation to vendors having a principal place of business in 50 that state, the preference to the lowest responsible and 51 responsive vendor having a principal place of business in this 52 state shall be 5 percent. 53 (b) Paragraph (a) does not apply to transportation projects 54 for which federal aid funds are available. 55 (c)1. For a competitive solicitation in which payment for 56 the personal property or construction services is to be made in 57 whole or in part from funds appropriated by the state, this 58 section preempts and supersedes any local ordinance or 59 regulation that restricts a contractor certified under s. 60 489.105(8) from competing for an award based upon: 61 a. The vendor maintaining an office or place of business 62 within a particular local jurisdiction; 63 b. The vendor hiring employees or subcontractors from 64 within a particular local jurisdiction; or 65 c. The vendor’s prior payment of local taxes, assessments, 66 or duties within a particular local jurisdiction. 67 2. In any competitive solicitation subject to this section, 68 a university, college, county, municipality, school district, or 69 other political subdivision of this state shall disclose in the 70 solicitation document whether payment will come from funds 71 appropriated by the state and, if known, the amount of such 72 funds or the percentage of such funds as compared to the 73 anticipated total cost of the personal property or construction 74 services. 75 3. Except as provided in subparagraph 1., this section does 76 not prohibit a university, college, county, municipality, school 77 district, or other political subdivision of this state from 78 awarding a contract to a vendor in accordance with applicable 79 state laws or local ordinances or regulations. 80(c) As used in this section, the term “other political81subdivision of this state” does not include counties or82municipalities.83 Section 2. This act shall take effect July 1, 2014.