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