[RPPTL-constructionlaw] Local preference ordinances

Thu Feb 2 09:24:42 PST 2012

Not sure if someone else has pointed this out yet because I didn't read
all the emails on this topic, but I believe what everyone is referring
to is SB 1460, which is a proposal that will prevent local governments
from applying "buy local" provisions to construction contracts in which
state funds are used.  

Here is a link to SB 1460:  
http://www.flsenate.gov/Session/Bill/2012/1460.  For you convenience, I
have attached the accompanying staff analysis.  

Blaik

________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Bryan L. Capps
Sent: Monday, January 30, 2012 9:03 PM
To: RPPTL constructionlaw
Subject: RE: [RPPTL-constructionlaw] Local preference ordinances

Broward's is one of the more frustrating ordinances.  It gives the local
bidder an opportunity to submit a "a best and final bid equal to or
lower than the amount of the low bid previously submitted by the
non-local business," which means that the local bidder has the
choice/option to essentially take or leave the contract/job, which, I
believe, is the common law definition of "unfair competitive advantage."
Now that's a preference.

Bryan Capps

________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org on behalf of
fred.dudley at hklaw.com
Sent: Mon 1/30/2012 7:00 PM
To: constructionlaw at lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Local preference ordinances

That may be the reason for a bill to preempt all of these local laws! 

Frederick Dudley | Holland & Knight 
Board Certified Construction Lawyer 
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 

Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 

fred.dudley at hklaw.com <mailto:fred.dudley at hklaw.com> | www.hklaw.com
<http://www.hklaw.com/> 
-------------------------- 
Sent from my BlackBerry Wireless Handheld 

From: Michael Romm [mailto:mromm at rommlaw.com] 
Sent: Monday, January 30, 2012 06:45 PM
To: RPPTL constructionlaw <constructionlaw at lists.flabarrpptl.org> 
Subject: Re: [RPPTL-constructionlaw] Local preference ordinances 

Fred i found at least thirty city and county ordinances granting
preferences and that was in the first two minutes...there are even
reciprocity ordinances between adjoining counties like dade. And Broward
making preferences between them enforceable reciprocally ...Mike Romm 

>From my Android phone on T-Mobile. The first nationwide 4G network. 

fred.dudley at hklaw.com wrote:

Actually, I believe there are MANY local ordinances giving preference on
public procurement contracts to local businesses, and a bill pending
that may attempt to do the same for state residents/businesses. I would
question the constitutionality of such laws, but have NOT researched
that issue. 

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley at hklaw.com <mailto:fred.dudley at hklaw.com>  | www.hklaw.com
<http://www.hklaw.com/>  

________________________________________________
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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Richard A. Burt
Sent: Monday, January 30, 2012 10:58 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Local preference ordinances

My client has asked this question:  "Have you seen or heard about
possible state legislation that would make local contractor preference
on bids illegal?"

Fred (or anyone else), can you provide an answer?  What is the current
status of the law regarding local preference ordinances?  Any pending
legislation regarding these ordinances?

Thanks.

Richard A. Burt, Esq.

BURT & BURT

220 So. Ridgewood Avenue 

Suite 200 

Daytona Beach, Florida 32114

(386) 252-2090 (office)

(866) 240-7043 (facsimile) 

dick at burt-burt.com

www.burt-burt.com <http://www.burt-burt.com/> 

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