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.