Bill Text: FL H0673 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Preference in Award of Governmental Entity Contracts

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in State Affairs Committee [H0673 Detail]

Download: Florida-2012-H0673-Introduced.html

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HB 673

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 which
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
54	section, a county, municipality, school district, or other
55	political subdivision shall disclose in the solicitation
56	document whether payment will come from funds appropriated by
57	the state and, if known, the amount of such funds or the
58	percentage of such funds as compared to the anticipated total
59	cost of the personal property or construction services.
60	3.  Except as provided in subparagraph 1., this section
61	does not prevent a county, municipality, school district, or
62	other political subdivision of this state from awarding a
63	contract to any vendor in accordance with applicable state laws
64	or local ordinances or regulations.
65	Section 2.  This act shall take effect July 1, 2012.

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