| 1 | A bill to be entitled | 
| 2 | An act relating to preference to Florida businesses in  | 
| 3 | procurement of personal property and services; providing a  | 
| 4 | short title; amending s. 283.35, F.S.; requiring an  | 
| 5 | agency, county, municipality, school district, or other  | 
| 6 | political subdivision of the state to grant a specified  | 
| 7 | preference to a vendor located within the state when  | 
| 8 | awarding a contract for printing; specifying the  | 
| 9 | percentage of preference to be granted; amending s.  | 
| 10 | 287.084, F.S.; requiring, rather than authorizing, an  | 
| 11 | agency, county, municipality, school district, or other  | 
| 12 | political subdivision of the state in making purchases of  | 
| 13 | personal property through competitive solicitation to  | 
| 14 | award a preference to the lowest responsible and  | 
| 15 | responsive vendor having a principal place of business  | 
| 16 | within this state under specified circumstances;  | 
| 17 | specifying the percentage of preference to be granted;  | 
| 18 | providing nonapplicability; providing an effective date. | 
| 19 | 
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| 20 | Be It Enacted by the Legislature of the State of Florida: | 
| 21 | 
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| 22 |      Section 1.  This act may be cited as the "Buy Florida Act."  | 
| 23 |      Section 2.  Section 283.35, Florida Statutes, is amended to  | 
| 24 | read: | 
| 25 |      283.35  Preference given printing within the state.-Every  | 
| 26 | agency shall give preference to vendors located within the state | 
| 27 | When awarding a contract contracts to have materials printed,  | 
| 28 | the agency, county, municipality, school district, or other  | 
| 29 | political subdivision of this state awarding the contract shall  | 
| 30 | grant a preference to the lowest responsible and responsive  | 
| 31 | vendor having a principal place of business within this state.  | 
| 32 | The preference shall be 5 percent if the lowest bid is submitted  | 
| 33 | by a vendor whose principal place of business is located outside  | 
| 34 | the state and if the whenever such printing can be performed in  | 
| 35 | this state done at no greater expense than the expense of  | 
| 36 | awarding a contract to a vendor located outside the state and  | 
| 37 | can be done at a level of quality comparable to that obtainable  | 
| 38 | from the a vendor submitting the lowest bid located outside the  | 
| 39 | state. | 
| 40 |      Section 3.   Section 287.084, Florida Statutes, is amended  | 
| 41 | to read: | 
| 42 |      287.084  Preference to Florida businesses.- | 
| 43 |      (1)(a)  When an agency, county, municipality, school  | 
| 44 | district, or other political subdivision of the state is  | 
| 45 | required to make purchases of personal property through  | 
| 46 | competitive solicitation and the lowest responsible and  | 
| 47 | responsive bid, proposal, or reply is by a vendor whose  | 
| 48 | principal place of business is in a state or political  | 
| 49 | subdivision thereof which grants a preference for the purchase  | 
| 50 | of such personal property to a person whose principal place of  | 
| 51 | business is in such state, then the agency, county,  | 
| 52 | municipality, school district, or other political subdivision of  | 
| 53 | this state shall may award a preference to the lowest  | 
| 54 | responsible and responsive vendor having a principal place of  | 
| 55 | business within this state, which preference is equal to the  | 
| 56 | preference granted by the state or political subdivision thereof  | 
| 57 | in which the lowest responsible and responsive vendor has its  | 
| 58 | principal place of business. In a competitive solicitation in  | 
| 59 | which the lowest bid is submitted by a vendor whose principal  | 
| 60 | place of business is located outside the state and that state  | 
| 61 | does not grant a preference in competitive solicitation to  | 
| 62 | vendors having a principal place of business in that state, the  | 
| 63 | preference to the lowest responsible and responsive vendor  | 
| 64 | having a principal place of business in this state shall be 5  | 
| 65 | percent. | 
| 66 |      (b)  Paragraph (a) However, this section does not apply to | 
| 67 | transportation projects for which federal aid funds are  | 
| 68 | available. | 
| 69 |      (2)  If a solicitation provides for the granting of such  | 
| 70 | preference as is provided in this section, Any vendor whose  | 
| 71 | principal place of business is outside the State of Florida must  | 
| 72 | accompany any written bid, proposal, or reply documents with a  | 
| 73 | written opinion of an attorney at law licensed to practice law  | 
| 74 | in that foreign state, as to the preferences, if any or none,  | 
| 75 | granted by the law of that state to its own business entities  | 
| 76 | whose principal places of business are in that foreign state in  | 
| 77 | the letting of any or all public contracts. | 
| 78 |      Section 4.  This act shall take effect July 1, 2011. |