Bill Text: FL S0538 | 2012 | Regular Session | Engrossed
Bill Title: Preference to Florida Businesses in Procurement of Personal Property and Services
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2012-03-09 - Died in Messages, companion bill(s) passed, see HB 7087 (Ch. [S0538 Detail]
Download: Florida-2012-S0538-Engrossed.html
SB 538 First Engrossed 2012538e1 1 A bill to be entitled 2 An act relating to preference to Florida businesses in 3 procurement of personal property and services; 4 providing a short title; amending s. 283.35, F.S.; 5 requiring an agency, university, college, school 6 district, or other political subdivision of the state 7 to grant a specified preference to a vendor located 8 within the state when awarding a contract for 9 printing; specifying the percentage of preference to 10 be granted; amending s. 287.057, F.S.; providing an 11 exception to the requirement for competitive 12 solicitation of contractual services and commodities 13 for public service announcement programs provided by 14 certain nonprofit corporations; amending s. 287.084, 15 F.S.; requiring, rather than authorizing, an agency, 16 university, college, school district, or other 17 political subdivision of the state in making purchases 18 of personal property through competitive solicitation 19 to award a preference to the lowest responsible and 20 responsive vendor having a principal place of business 21 within this state under specified circumstances; 22 specifying the percentage of preference to be granted; 23 providing nonapplicability; prohibiting the preclusion 24 of a vendor whose principal place of business is in 25 this state from being an authorized reseller of 26 information technology commodities of state 27 contractors, under certain circumstances; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. This act may be cited as the “Buy Florida Act.” 33 Section 2. Section 283.35, Florida Statutes, is amended to 34 read: 35 283.35 Preference given printing within the state.—Every36agency shall give preference to vendors located within the state37 When awarding a contractcontractsto have materials printed, 38 the agency, university, college, school district, or other 39 political subdivision of this state awarding the contract shall 40 grant a preference to the lowest responsible and responsive 41 vendor having a principal place of business within this state. 42 The preference shall be 5 percent if the lowest bid is submitted 43 by a vendor whose principal place of business is located outside 44 the state and if thewhenever suchprinting can be performed in 45 this statedone at no greater expense than the expense of46awarding a contract to a vendor located outside the state and47can be doneat a level of quality comparable to that obtainable 48 from theavendor submitting the lowest bid located outside the 49 state. As used in this section, the term “other political 50 subdivision of this state” does not include counties or 51 municipalities. 52 Section 3. Paragraph (f) of subsection (3) of section 53 287.057, Florida Statutes, is amended to read: 54 287.057 Procurement of commodities or contractual 55 services.— 56 (3) When the purchase price of commodities or contractual 57 services exceeds the threshold amount provided in s. 287.017 for 58 CATEGORY TWO, no purchase of commodities or contractual services 59 may be made without receiving competitive sealed bids, 60 competitive sealed proposals, or competitive sealed replies 61 unless: 62 (f) The following contractual services and commodities are 63 not subject to the competitive-solicitation requirements of this 64 section: 65 1. Artistic services. For the purposes of this subsection, 66 the term “artistic services” does not include advertising or 67 typesetting. As used in this subparagraph, the term 68 “advertising” means the making of a representation in any form 69 in connection with a trade, business, craft, or profession in 70 order to promote the supply of commodities or services by the 71 person promoting the commodities or contractual services. 72 2. Academic program reviews if the fee for such services 73 does not exceed $50,000. 74 3. Lectures by individuals. 75 4. Legal services, including attorney, paralegal, expert 76 witness, appraisal, or mediator services. 77 5.a. Health services involving examination, diagnosis, 78 treatment, prevention, medical consultation, or administration. 79 b. Beginning January 1, 2011, health services, including, 80 but not limited to, substance abuse and mental health services, 81 involving examination, diagnosis, treatment, prevention, or 82 medical consultation, when such services are offered to eligible 83 individuals participating in a specific program that qualifies 84 multiple providers and uses a standard payment methodology. 85 Reimbursement of administrative costs for providers of services 86 purchased in this manner shall also be exempt. For purposes of 87 this sub-subparagraph, “providers” means health professionals, 88 health facilities, or organizations that deliver or arrange for 89 the delivery of health services. 90 6. Services provided to persons with mental or physical 91 disabilities by not-for-profit corporations which have obtained 92 exemptions under the provisions of s. 501(c)(3) of the United 93 States Internal Revenue Code or when such services are governed 94 by the provisions of Office of Management and Budget Circular A 95 122. However, in acquiring such services, the agency shall 96 consider the ability of the vendor, past performance, 97 willingness to meet time requirements, and price. 98 7. Medicaid services delivered to an eligible Medicaid 99 recipient unless the agency is directed otherwise in law. 100 8. Family placement services. 101 9. Prevention services related to mental health, including 102 drug abuse prevention programs, child abuse prevention programs, 103 and shelters for runaways, operated by not-for-profit 104 corporations. However, in acquiring such services, the agency 105 shall consider the ability of the vendor, past performance, 106 willingness to meet time requirements, and price. 107 10. Training and education services provided to injured 108 employees pursuant to s. 440.491(6). 109 11. Contracts entered into pursuant to s. 337.11. 110 12. Services or commodities provided by governmental 111 agencies. 112 13. Statewide public service announcement programs provided 113 by a Florida statewide nonprofit corporation under s. 501(c)(6) 114 of the Internal Revenue Code, with a guaranteed documented match 115 of at least $3 to $1. 116 Section 4. Section 287.084, Florida Statutes, is amended to 117 read: 118 287.084 Preference to Florida businesses.— 119 (1)(a) When an agency, university, college,county,120municipality,school district, or other political subdivision of 121 the state is required to make purchases of personal property 122 through competitive solicitation and the lowest responsible and 123 responsive bid, proposal, or reply is by a vendor whose 124 principal place of business is in a state or political 125 subdivision thereof which grants a preference for the purchase 126 of such personal property to a person whose principal place of 127 business is in such state, then the agency, university, college 128county, municipality, school district, or other political 129 subdivision of this state shallmayaward a preference to the 130 lowest responsible and responsive vendor having a principal 131 place of business within this state, which preference is equal 132 to the preference granted by the state or political subdivision 133 thereof in which the lowest responsible and responsive vendor 134 has its principal place of business. In a competitive 135 solicitation in which the lowest bid is submitted by a vendor 136 whose principal place of business is located outside the state 137 and that state does not grant a preference in competitive 138 solicitation to vendors having a principal place of business in 139 that state, the preference to the lowest responsible and 140 responsive vendor having a principal place of business in this 141 state shall be 5 percent. 142 (b) Paragraph (a)However, this sectiondoes not apply to 143 transportation projects for which federal aid funds are 144 available. 145 (c) As used in this section, the term “other political 146 subdivision of this state” does not include counties or 147 municipalities. 148 (2)If a solicitation provides for the granting of such149preference as is provided in this section,Any vendor whose 150 principal place of business is outside the State of Florida must 151 accompany any written bid, proposal, or reply documents with a 152 written opinion of an attorney at law licensed to practice law 153 in that foreign state, as to the preferences, if any or none, 154 granted by the law of that state to its own business entities 155 whose principal places of business are in that foreign state in 156 the letting of any or all public contracts. 157 (3)(a) A vendor whose principal place of business is in 158 this state may not be precluded from being an authorized 159 reseller of information technology commodities of a state 160 contractor as long as the vendor demonstrates that it employs an 161 internationally recognized quality management system, such as 162 ISO 9001 or its equivalent, and provides a warranty on the 163 information technology commodities which is, at a minimum, of 164 equal scope and length as that of the contract. 165 (b) This subsection applies to any renewal of any state 166 contract executed on or after July 1, 2012. 167 Section 5. This act shall take effect July 1, 2012.