Florida Senate - 2015                                     SB 778
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00448-15                                            2015778__
    1                        A bill to be entitled                      
    2         An act relating to local government construction
    3         preferences; amending s. 287.084, F.S.; prohibiting
    4         local ordinances and regulations from restricting a
    5         certified contractor’s competition for award of a
    6         contract for construction services based upon certain
    7         conditions; requiring a state college, school
    8         district, or other political subdivision to make
    9         specified disclosures in competitive solicitation
   10         documents; providing construction; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (c) of subsection (1) of section
   16  287.084, Florida Statutes, is amended to read:
   17         287.084 Preference to Florida businesses.—
   18         (1)
   19         (c)1. For a competitive solicitation for construction
   20  services in which 20 percent or more of the cost will be paid
   21  from state-appropriated funds, a local ordinance or regulation
   22  may not restrict a certified contractor as defined in s.
   23  489.105(8) from competing for an award based upon:
   24         a. The vendor’s maintaining an office or place of business
   25  within a particular local jurisdiction;
   26         b. The vendor’s hiring employees or subcontractors from
   27  within a particular local jurisdiction; or
   28         c. The vendor’s prior payment of local taxes, assessments,
   29  or duties within a particular local jurisdiction.
   30         2. For any competitive solicitation subject to this
   31  section, a state college, county, municipality, school district,
   32  or other political subdivision shall disclose in the
   33  solicitation document whether payment will be made from funds
   34  appropriated by the state and, if known, the amount of such
   35  funds or the percentage of such funds as compared to the
   36  anticipated total cost of the construction services.
   37         3. Except as provided in subparagraph 1., this section does
   38  not prevent a state college, county, municipality, school
   39  district, or other political subdivision from awarding a
   40  contract to any vendor in accordance with applicable state laws
   41  or local ordinances or regulations. As used in this section, the
   42  term “other political subdivision of this state” does not
   43  include counties or municipalities.
   44         Section 2. This act shall take effect July 1, 2015.