Bill Text: FL S1258 | 2011 | Regular Session | Introduced

---

Bill Title: Procurement/Preference to Florida Businesses

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1258 Detail]

Download: Florida-2011-S1258-Introduced.html

---

       Florida Senate - 2011                                    SB 1258
       
       
       
       By Senator Altman
       
       
       
       
       24-01221-11                                           20111258__
    1                        A bill to be entitled                      
    2         An act relating to preference to Florida businesses in
    3         procurement of personal property and services;
    4         amending s. 283.35, F.S.; requiring 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 for printing under certain
    9         circumstances; specifying the percentages of
   10         preference to be granted; providing nonapplicability;
   11         requiring bid, proposal, and reply documents from out
   12         of-state vendors to include agreements to hire Florida
   13         residents; amending s. 287.084, F.S.; requiring an
   14         agency, county, municipality, school district, or
   15         other political subdivision of the state to provide
   16         preferential consideration to a Florida business in
   17         awarding competitively bid contracts to purchase
   18         personal property or construction services; specifying
   19         the percentage of preference to be granted; providing
   20         nonapplicability; requiring bid, proposal, and reply
   21         documents from out-of-state vendors to include
   22         agreements to hire residents of the state; providing
   23         an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 283.35, Florida Statutes, is amended to
   28  read:
   29         283.35 Preference given printing within the state.—Every
   30  agency shall give preference to vendors located within the state
   31         (1) When awarding a contract contracts to have materials
   32  printed, the agency, county, municipality, school district, or
   33  other political subdivision of this state awarding the contract
   34  shall grant a preference to the lowest responsible and
   35  responsive vendor having a principal place of business within
   36  this state, which preference is:
   37         (a) Equal to the preference granted by the state or
   38  political subdivision thereof in which the lowest responsible
   39  and responsive vendor has its principal place of business; or
   40         (b) If the lowest bid is submitted by a vendor whose
   41  principal place of business is located outside the state and
   42  that state does not grant a preference in competitive
   43  solicitation to vendors having a principal place of business in
   44  that state, the preference to the lowest responsible and
   45  responsive vendor having a principal place of business within
   46  this state shall be 5 percent,
   47  
   48  if the whenever such printing can be performed in this state
   49  done at no greater expense than the expense of awarding a
   50  contract to a vendor located outside the state and can be done
   51  at a level of quality comparable to that obtainable from the a
   52  vendor submitting the lowest bid located outside the state.
   53         (2) Subsection (1) does not apply to a contract for
   54  printing awarded to the corporation defined in part II of
   55  chapter 946, known as the Prison Rehabilitative Industries and
   56  Diversified Enterprises, Inc., or PRIDE Enterprises.
   57         (3) Any vendor whose principal place of business is outside
   58  this state must accompany any written bid, proposal, or reply
   59  documents with a written opinion of an attorney at law licensed
   60  to practice law in that foreign state, as to the preferences, if
   61  any or none, granted by the law of that state to its own
   62  business entities whose principal places of business are in that
   63  foreign state in the letting of any or all public contracts and
   64  a written agreement to hire, to the maximum extent possible,
   65  residents of this state.
   66         Section 2. Section 287.084, Florida Statutes, is amended to
   67  read:
   68         287.084 Preference to Florida businesses.—
   69         (1)(a) When an agency, county, municipality, school
   70  district, or other political subdivision of the state is
   71  required to make purchases of personal property or construction
   72  services through competitive solicitation and the lowest
   73  responsible and responsive bid, proposal, or reply is by a
   74  vendor whose principal place of business is in a state or
   75  political subdivision thereof which grants a preference for the
   76  purchase of such personal property or construction services to a
   77  person whose principal place of business is in such state, then
   78  the agency, county, municipality, school district, or other
   79  political subdivision of this state shall may award a preference
   80  to the lowest responsible and responsive vendor having a
   81  principal place of business within this state, which preference
   82  is equal to the preference granted by the state or political
   83  subdivision thereof in which the lowest responsible and
   84  responsive vendor has its principal place of business. In a
   85  competitive solicitation in which the lowest bid is submitted by
   86  a vendor whose principal place of business is located outside
   87  this state and that state does not grant a preference in
   88  competitive solicitation to vendors having a principal place of
   89  business in that state, the preference to the lowest responsible
   90  and responsive vendor having a principal place of business
   91  within this state shall be 5 percent.
   92         (b) Paragraph (a) However, this section does not apply to:
   93         1. Transportation projects for which federal aid funds are
   94  available.
   95         2. Bids submitted by the corporation defined in part II of
   96  chapter 946, known as the Prison Rehabilitative Industries and
   97  Diversified Enterprises, Inc., or PRIDE Enterprises.
   98         (2) If a solicitation provides for the granting of such
   99  preference as is provided in this section, Any vendor whose
  100  principal place of business is outside this the state of Florida
  101  must accompany any written bid, proposal, or reply documents
  102  with a written opinion of an attorney at law licensed to
  103  practice law in that foreign state, as to the preferences, if
  104  any or none, granted by the law of that state to its own
  105  business entities whose principal places of business are in that
  106  foreign state in the letting of any or all public contracts and
  107  a written agreement to hire, to the maximum extent possible,
  108  residents of this state.
  109         Section 3. This act shall take effect July 1, 2011.