HB 673

1
A bill to be entitled
2An act relating to preference in award of state
3contracts; amending s. 287.084, F.S.; expanding
4provisions that authorize an agency, county,
5municipality, school district, or other political
6subdivision of the state to provide preferential
7consideration to a Florida business in awarding
8competitively bid contracts to purchase personal
9property to include the purchase of construction
10services; providing that for specified competitive
11solicitations the authority to grant preference
12supersedes any local ordinance or regulation which
13grants preference to specified vendors; requiring a
14county, municipality, school district, or other
15political subdivision to make specified disclosures in
16competitive solicitation documents; providing
17construction; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (1) of section 287.084, Florida
22Statutes, is amended to read:
23     287.084  Preference to Florida businesses.-
24     (1)(a)  When an agency, county, municipality, school
25district, or other political subdivision of the state is
26required to make purchases of personal property or construction
27services through competitive solicitation and the lowest
28responsible and responsive bid, proposal, or reply is by a
29vendor whose principal place of business is in a state or
30political subdivision thereof which grants a preference for the
31purchase of such personal property or construction services to a
32person whose principal place of business is in such state, then
33the agency, county, municipality, school district, or other
34political subdivision of this state may award a preference to
35the lowest responsible and responsive vendor having a principal
36place of business within this state, which preference is equal
37to the preference granted by the state or political subdivision
38thereof in which the lowest responsible and responsive vendor
39has its principal place of business. However, this section does
40not apply to transportation projects for which federal aid funds
41are available.
42     (b)1.  For a competitive solicitation in which payment for
43the personal property or construction services is to be made in
44whole or in part from funds appropriated by the state, this
45section preempts and supersedes any local ordinance or
46regulation that grants preference to a vendor based upon:
47     a.  The vendor maintaining an office or place of business
48within a particular local jurisdiction;
49     b.  The vendor hiring employees or subcontractors from
50within a particular local jurisdiction; or
51     c.  The vendor's prior payment of local taxes, assessments,
52or duties within a particular local jurisdiction.
53     2.  In any competitive solicitation subject to this
54section, a county, municipality, school district, or other
55political subdivision shall disclose in the solicitation
56document whether payment will come from funds appropriated by
57the state and, if known, the amount of such funds or the
58percentage of such funds as compared to the anticipated total
59cost of the personal property or construction services.
60     3.  Except as provided in subparagraph 1., this section
61does not prevent a county, municipality, school district, or
62other political subdivision of this state from awarding a
63contract to any vendor in accordance with applicable state laws
64or local ordinances or regulations.
65     Section 2.  This act shall take effect July 1, 2012.


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