third Special Session will start on October 19, 2015 and run through November 6, 2015. Both of these Special Sessions will undoubtedly result in a change to the political landscape in Florida, both at the federal level and in the makeup of the Florida State Senate.
Though nothing like Mike and Robert’s surfing adventure around the world in the 1966 movie; lawmakers are growing tired of the endless summer trips back and forth to Tallahassee.
Overview of Local Bid Preference Probation Law
As you are aware, SB 778, Chapter Law 2015-63, became law on July 1, 2015. The new law prohibits local ordinances or regulations that give preference to a local contractor in certain circumstances. Below are a few quick facts about the law.
- For construction services in which 50 percent or more of the cost will be paid from state appropriated funds, state law now prohibits a state college, county, municipality, school district or other political subdivision from using a local ordinance or regulation that provides a preference based upon the contractor:
- Maintaining an office or place of business within a particular local jurisdiction;
- Hiring employees or subcontractors from within a particular local jurisdiction;
- Making prior payment of local
taxes, assessments or duties within a particular local jurisdiction.
The law also requires:
- Political subdivision to disclose in the solicitation document the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the construction services.
In addition to the new Florida law, contractors should also refer to 40 C.F.R.31.36, Procurement (July 1, 2011) as well as 62-503.700, F.A.C., Planning, Design, Construction, and Procurement Requirements. Both the federal and state documents provide additional information on the prohibition of local geographical preference ordinances when evaluating bids or proposals for projects under the State Revolving Fund Loan (SRF) programs. The Florida Department of Environmental Protection (DEP) administers the SRF programs. The SRF program is by far DEP's largest funding program and makes $200-300 million or more available annually to local governments for infrastructure projects statewide.
If you have any questions on the new law, please feel free to contact me at [email protected].