[RPPTL-constructionlaw] Local preference ordinances

Mon Jan 30 18:02:36 PST 2012

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/>  

________________________________________________
Add to address book <http://www.hklaw.com/vcard.aspx?user=frdudley>  | View professional biography <http://www.hklaw.com/id77/biosfrdudley>  

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/> 

The information contained in this email is confidential; it is intended only for the use of the person or entity named above.  If the reader of this message is not the intended recipient, any dissemination, distribution or use of this information is strictly prohibited.  If you have received this communication in error, please contact us immediately by telephone or email.  Although this email is believed to be free of any virus or other defect that might affect any computer system in which it is received, it is the responsibility of the recipient to ensure that it is virus free.

________________________________

****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.****

________________________________

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 9836 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20120130/4879d843/winmail.dat>