Florida Senate - 2014                                     SB 612
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00814-14                                            2014612__
    1                        A bill to be entitled                      
    2         An act relating to preference in the award of state
    3         contracts; amending s. 287.084, F.S.; expanding
    4         provisions that require an agency, university,
    5         college, 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; requiring counties and municipalities to
   11         provide such preferential consideration; providing
   12         that for specified competitive solicitations the
   13         authority to grant a preference supersedes any local
   14         ordinance or regulation that restricts specified
   15         contractors from competing for an award based upon
   16         certain conditions; requiring a university, college,
   17         county, municipality, school district, or other
   18         political subdivision to make specified disclosures in
   19         competitive solicitation documents; providing that a
   20         university, college, county, municipality, school
   21         district, or other political subdivision is not
   22         prohibited from awarding a contract to a vendor under
   23         certain circumstances; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (1) of section 287.084, Florida
   28  Statutes, is amended to read:
   29         287.084 Preference to Florida businesses.—
   30         (1)(a) If When an agency, university, college, school
   31  district, or other political subdivision of the state is
   32  required to make purchases of personal property or construction
   33  services through competitive solicitation and the lowest
   34  responsible and responsive bid, proposal, or reply is by a
   35  vendor whose principal place of business is in a state or
   36  political subdivision thereof which grants a preference for the
   37  purchase of such personal property or construction services to a
   38  person whose principal place of business is in such state, then
   39  the agency, university, college, school district, or other
   40  political subdivision of this state shall award a preference to
   41  the lowest responsible and responsive vendor having a principal
   42  place of business within this state, which preference is equal
   43  to the preference granted by the state or political subdivision
   44  thereof in which the lowest responsible and responsive vendor
   45  has its principal place of business. In a competitive
   46  solicitation in which the lowest bid is submitted by a vendor
   47  whose principal place of business is located outside the state
   48  and that state does not grant a preference in competitive
   49  solicitation to vendors having a principal place of business in
   50  that state, the preference to the lowest responsible and
   51  responsive vendor having a principal place of business in this
   52  state shall be 5 percent.
   53         (b) Paragraph (a) does not apply to transportation projects
   54  for which federal aid funds are available.
   55         (c)1. For a competitive solicitation in which payment for
   56  the personal property or construction services is to be made in
   57  whole or in part from funds appropriated by the state, this
   58  section preempts and supersedes any local ordinance or
   59  regulation that restricts a contractor certified under s.
   60  489.105(8) from competing for an award based upon:
   61         a. The vendor maintaining an office or place of business
   62  within a particular local jurisdiction;
   63         b. The vendor hiring employees or subcontractors from
   64  within a particular local jurisdiction; or
   65         c. The vendor’s prior payment of local taxes, assessments,
   66  or duties within a particular local jurisdiction.
   67         2. In any competitive solicitation subject to this section,
   68  a university, college, county, municipality, school district, or
   69  other political subdivision of this state shall disclose in the
   70  solicitation document whether payment will come from funds
   71  appropriated by the state and, if known, the amount of such
   72  funds or the percentage of such funds as compared to the
   73  anticipated total cost of the personal property or construction
   74  services.
   75         3. Except as provided in subparagraph 1., this section does
   76  not prohibit a university, college, county, municipality, school
   77  district, or other political subdivision of this state from
   78  awarding a contract to a vendor in accordance with applicable
   79  state laws or local ordinances or regulations.
   80         (c) As used in this section, the term “other political
   81  subdivision of this state” does not include counties or
   82  municipalities.
   83         Section 2. This act shall take effect July 1, 2014.