Florida Senate - 2010                                    SB 2302
       
       
       
       By Senator Altman
       
       
       
       
       24-01963A-10                                          20102302__
    1                        A bill to be entitled                      
    2         An act relating to preference to Florida businesses in
    3         procurement of personal property and services;
    4         designating the title of the act as the “Buy Florida
    5         Act”; amending s. 287.084, F.S.; requiring, rather
    6         than authorizing, an agency, county, municipality,
    7         school district, or other political subdivision of the
    8         state that is required to make purchases of personal
    9         property through competitive solicitation to award a
   10         preference to the lowest responsible and responsive
   11         vendor having a principal place of business within
   12         this state under specified circumstances; specifying
   13         the percentages of preference to be granted; providing
   14         nonapplicability; amending s. 283.35, F.S.; requiring
   15         an agency, county, municipality, school district, or
   16         other political subdivision of the state to grant a
   17         specified preference to a vendor located within the
   18         state when awarding a contract for printing under
   19         certain circumstances; specifying the percentages of
   20         preference to be granted; providing nonapplicability;
   21         providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. This act may be cited as the “Buy Florida Act.”
   26         Section 2. Section 287.084, Florida Statutes, is amended to
   27  read:
   28         287.084 Preference to Florida businesses.—
   29         (1)(a) When an agency, county, municipality, school
   30  district, or other political subdivision of the state is
   31  required to make purchases of personal property through
   32  competitive solicitation and the lowest responsible and
   33  responsive bid, proposal, or reply is by a vendor whose
   34  principal place of business is in a state or political
   35  subdivision thereof which grants a preference for the purchase
   36  of such personal property to a person whose principal place of
   37  business is in such state, then the agency, county,
   38  municipality, school district, or other political subdivision of
   39  this state shall may award a preference to the lowest
   40  responsible and responsive vendor having a principal place of
   41  business within this state, which preference is equal to the
   42  preference granted by the state or political subdivision thereof
   43  in which the lowest responsible and responsive vendor has its
   44  principal place of business. In a competitive solicitation in
   45  which the lowest bid is submitted by a vendor whose principal
   46  place of business is located outside the state and that state
   47  does not grant a preference in competitive solicitation to
   48  vendors having a principal place of business in that state, the
   49  preference to the lowest responsible and responsive vendor
   50  having a principal place of business within this state shall be
   51  5 percent.
   52         (b) Paragraph (a) However, this section does not apply to:
   53         1. Transportation projects for which federal aid funds are
   54  available.
   55         2. Bids submitted by the corporation defined in part II of
   56  chapter 946, known as the Prison Rehabilitative Industries and
   57  Diversified Enterprises, Inc., or PRIDE Enterprises.
   58         (2) If a solicitation provides for the granting of such
   59  preference as is provided in this section, Any vendor whose
   60  principal place of business is outside the State of Florida must
   61  accompany any written bid, proposal, or reply documents with a
   62  written opinion of an attorney at law licensed to practice law
   63  in that foreign state, as to the preferences, if any or none,
   64  granted by the law of that state to its own business entities
   65  whose principal places of business are in that foreign state in
   66  the letting of any or all public contracts.
   67         Section 3. Section 283.35, Florida Statutes, is amended to
   68  read:
   69         283.35 Preference given printing within the state.—Every
   70  agency shall give preference to vendors located within the state
   71         (1) When awarding a contract contracts to have materials
   72  printed, the agency, county, municipality, school district, or
   73  other political subdivision of this state awarding the contract
   74  shall grant a preference to the lowest responsible and
   75  responsive vendor having a principal place of business within
   76  this state, which preference is:
   77         (a) Equal to the preference granted by the state or
   78  political subdivision thereof in which the lowest responsible
   79  and responsive vendor has its principal place of business; or
   80         (b) If the lowest bid is submitted by a vendor whose
   81  principal place of business is located outside the state and
   82  that state does not grant a preference in competitive
   83  solicitation to vendors having a principal place of business in
   84  that state, the preference to the lowest responsible and
   85  responsive vendor having a principal place of business within
   86  this state shall be 5 percent,
   87  
   88  if the whenever such printing can be performed in this state
   89  done at no greater expense than the expense of awarding a
   90  contract to a vendor located outside the state and can be done
   91  at a level of quality comparable to that obtainable from the a
   92  vendor submitting the lowest bid located outside the state.
   93         (2) Subsection (1) does not apply to a contract for
   94  printing awarded to the corporation defined in part II of
   95  chapter 946, known as the Prison Rehabilitative Industries and
   96  Diversified Enterprises, Inc., or PRIDE Enterprises.
   97         (3) Any vendor whose principal place of business is outside
   98  the State of Florida must accompany any written bid, proposal,
   99  or reply documents with a written opinion of an attorney at law
  100  licensed to practice law in that foreign state, as to the
  101  preferences, if any or none, granted by the law of that state to
  102  its own business entities whose principal places of business are
  103  in that foreign state in the letting of any or all public
  104  contracts.
  105         Section 4. This act shall take effect July 1, 2010.


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