Senate Bill 1064c1

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



    Florida Senate - 1998                           CS for SB 1064

    By the Committee on Commerce and Economic Opportunities; and
    Senator Campbell




    310-2210-98

  1                      A bill to be entitled

  2         An act relating to persons not legally

  3         authorized for employment; amending s. 287.012,

  4         F.S.; providing that, to be a "qualified

  5         bidder" with respect to providing personal

  6         property or services, a person must comply with

  7         any contract conditions prohibiting the

  8         employment of persons not legally authorized

  9         for such employment; amending s. 287.057, F.S.;

10         requiring that invitations to bid, requests for

11         proposal, and contracts shall contain notice

12         specifying that contracts with a contractor who

13         knowingly employs persons not legally

14         authorized for such employment shall be subject

15         to cancellation; providing the process for such

16         cancellation; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Subsection (13) of section 287.012, Florida

21  Statutes, is amended to read:

22         287.012  Definitions.--The following definitions shall

23  apply in this part:

24         (13)  "Qualified bidder," "responsible bidder,"

25  "qualified offeror," or "responsible offeror" means a person

26  who has the capability in all respects to perform fully the

27  contract requirements, complies with any contract conditions

28  prohibiting the employment of persons not legally authorized

29  for such employment, and has the integrity and reliability

30  which will assure good faith performance.

31

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






    Florida Senate - 1998                           CS for SB 1064
    310-2210-98




  1         Section 2.  Subsection (1) of section 287.057, Florida

  2  Statutes, is amended, and subsection (22) is added to said

  3  section, to read:

  4         287.057  Procurement of commodities or contractual

  5  services.--

  6         (1)(a)  Unless otherwise authorized by law, all

  7  contracts for the purchase of commodities or contractual

  8  services in excess of the threshold amount provided in s.

  9  287.017 for CATEGORY TWO shall be awarded by competitive

10  sealed bidding. An invitation to bid shall be issued which

11  shall include a detailed description of the commodities or

12  contractual services sought; the date for submittal of bids;

13  and all contractual terms and conditions applicable to the

14  procurement of commodities or contractual services, including

15  the criteria which shall include, but need not be limited to,

16  price, to be used in determining acceptability of the bid.  If

17  the agency contemplates renewal of the contract, it shall be

18  so stated in the invitation to bid.  The bid shall include the

19  price for each year for which the contract may be renewed.

20  Evaluation of bids shall include consideration of the total

21  cost for each year as quoted by the bidder.  No criteria may

22  be used in determining acceptability of the bid which that was

23  not set forth in the invitation to bid.  The contract shall be

24  awarded with reasonable promptness by written notice to the

25  qualified and responsive bidder who submits the lowest

26  responsive bid.  This bid must be determined in writing to

27  meet the requirements and criteria set forth in the invitation

28  to bid.

29         (b)  Each invitation to bid, request for proposal, or

30  contract shall contain the following notice:

31                      NOTICE TO CONTRACTOR:

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






    Florida Senate - 1998                           CS for SB 1064
    310-2210-98




  1         The employment of persons whom the contractor, through

  2  the actions of the owner, chief executive officer, chief

  3  financial officer, or any person with authority to hire and

  4  manage the operations of the contractor's business, knows are

  5  not legally authorized for such employment shall be cause for

  6  cancellation of the contract pursuant to section 287.057(22),

  7  Florida Statutes.

  8         (22)  Any contract with a contractor who knowingly,

  9  through the actions of the owner, chief executive officer,

10  chief financial officer, or any person with authority to hire

11  and manage the operations of the contractor's business,

12  employs persons not legally authorized for such employment

13  shall be subject to cancellation by filing for declaratory

14  judgment in the circuit court wherein the state agency, as

15  defined in s. 287.012(1), maintains its principal place of

16  business.

17         Section 3.  This act shall take effect October 1, 1998.

18

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 1064

21

22  The committee substitute:

23  Eliminates references to "illegal aliens," to instead make the
    measure's government contractor qualification, notice, and
24  contract cancellation provisions applicable to the employment
    of persons "not legally authorized for such employment."
25
    Bases a contractor's responsibility relating to the employment
26  of persons not legally authorized for such employment upon the
    actions of the owner, chief executive officer, chief financial
27  officer, or any person with authority to hire and manage the
    operations of the contractor's business.
28
    Specifies that a contract with a contractor who knowingly
29  employs persons not legally authorized for such employment is
    subject to cancellation by filing for declaratory judgment in
30  the circuit court where the applicable state agency maintains
    its principal place of business.
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