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@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@hklaw.com | www.hklaw.com
Add to address book | View professional biography
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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)
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.
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@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/
Sent from my BlackBerry Wireless Handheld
From: Michael Romm [mailto:mromm@rommlaw.com]
Sent: Monday, January 30, 2012 06:45 PM
To: RPPTL constructionlaw constructionlaw@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@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@hklaw.commailto:fred.dudley@hklaw.com | www.hklaw.comhttp://www.hklaw.com/
Add to address bookhttp://www.hklaw.com/vcard.aspx?user=frdudley | View professional biographyhttp://www.hklaw.com/id77/biosfrdudley
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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@burt-burt.commailto:dick@burt-burt.com
www.burt-burt.comhttp://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.
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@lists.flabarrpptl.org on behalf of fred.dudley@hklaw.com
Sent: Mon 1/30/2012 7:00 PM
To: constructionlaw@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@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/
Sent from my BlackBerry Wireless Handheld
From: Michael Romm [mailto:mromm@rommlaw.com]
Sent: Monday, January 30, 2012 06:45 PM
To: RPPTL constructionlaw constructionlaw@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@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@hklaw.com mailto:fred.dudley@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@lists.flabarrpptl.org [mailto:constructionlaw-bounces@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)
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.
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@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@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@lists.flabarrpptl.org on behalf of
fred.dudley@hklaw.com
Sent: Mon 1/30/2012 7:00 PM
To: constructionlaw@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@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com
http://www.hklaw.com/
Sent from my BlackBerry Wireless Handheld
From: Michael Romm [mailto:mromm@rommlaw.com]
Sent: Monday, January 30, 2012 06:45 PM
To: RPPTL constructionlaw constructionlaw@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@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@hklaw.com mailto:fred.dudley@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@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@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)
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.
