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.

Can anyone recommend an attorney (here or in Nassau)  to assist with a
contract to be performed in Nassau?

Tracye K. Solove, Attorney at Law

Certified Civil Circuit Mediator

Tracye@solovelawfirm.com

Kendallwood Office Park One

12002 Southwest 128th Court

Suite 201

Miami, Florida  33186

Phone: (305) 612-0800

Facsimile: (305) 612-0801

http://www.solovelawfirm.com http://www.solovelawfirm.com/

Providing Statewide Legal Services in the areas of Commercial
Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant
and Real Estate Foreclosures

This transmission is intended to be delivered only to the named
addressee(s) and may contain information which is confidential,
proprietary, attorney work-product or attorney-client privileged. If
this notification is received by anyone other than the intended
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the transmitted material. In no event shall this material be read, used,
copied, reproduced, stored or retained by anyone other than the intended
recipient(s) except with the express written consent of the sender.
Thank you.

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.com

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.

Contact Ms. Bertha Rousseau:

Very good lawyer and excellent person.

Rousseau & Cooper Law Firm
Nassau, Bahamas Office
Trinity Place, Suite 6
SS-19725  Nassau, Bahamas

Telephone: +1 (242) 325-3693
Fax: +1 (242) 325-3688

Regards,

Mike Driscoll

-----Original Message-----
From: Tracye Tracye@solovelawfirm.com
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Mon, Jan 30, 2012 11:05 am
Subject: Re: [RPPTL-constructionlaw] Attorney versed in Bahamian Law

Can anyone recommend an attorney (here or in Nassau)  to assist with a contract to be performed in Nassau?

Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Tracye@solovelawfirm.com
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida  33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com

Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures

This transmission is intended to be delivered only to the named addressee(s) and may contain information which is confidential, proprietary, attorney work-product or attorney-client privileged. If this notification is received by anyone other than the intended recipient(s), the recipient(s) should immediately notify the undersigned by E-MAIL and by telephone and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the intended recipient(s) except with the express written consent of the sender. Thank you.

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.com
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.

onstructionlaw mailing list
onstructionlaw@lists.flabarrpptl.org
ttp://mailman.fsr.com/mailman/listinfo/constructionlaw

Currently pending HB 673 would supersede local ordinances creating preferences for local contractors.

S. Elysha Luken
Florida Bar Board Certified
Construction Attorney
Smith, Currie & Hancock LLP
1004 DeSoto Park Drive
Tallahassee, FL  32301
850.878.3700 (Telephone)
850.656.0329 (Facsimile)
seluken@smithcurrie.commailto:seluken@smithcurrie.com

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.

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.

Here's this morning's results on the Senate bill that would PROHIBIT local preferences:

"BUY LOCAL" WOULD GO BYE-BYE
A bill preventing local governments from applying "buy local" provisions to construction contracts in which state funds are used passed the Senate Community Affairs Committee on Monday, with backers saying such local ordinances raise prices and cost taxpayers money. By a 6-1 vote, the panel approved the measure over the objections of local government representatives who said local preference can be both cost effective and local beneficial. Further, they say the bill (SB 1460) usurps local control. "It strips local government of the ability to enact these ordinances when they think it will benefit their communities," said Steve Hogge, legislative advocate for the Florida League of Cities. Backers, however, said local preference ordinances penalize neighboring businesses and raise costs to taxpayers. The bill has three more committee stops, an indication that the proposal faces a long haul. "The ordinances create a significant disadvantage to someone sitting just across the city line or someone just across the county line," said Sen. David Simmons, R-Altamonte Springs.

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 Luken, Elysha
Sent: Monday, January 30, 2012 12:08 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Local preference ordinances

Currently pending HB 673 would supersede local ordinances creating preferences for local contractors.

S. Elysha Luken
Florida Bar Board Certified
Construction Attorney
Smith, Currie & Hancock LLP
1004 DeSoto Park Drive
Tallahassee, FL  32301
850.878.3700 (Telephone)
850.656.0329 (Facsimile)
seluken@smithcurrie.commailto:seluken@smithcurrie.com

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.

Here is what the authors said in Florida Construction Law and Practice,
Sixth Edition, 2011, at § 7.22:

3.        [§7.22]  Local Preference
   

A statute, rule, or ordinance giving preference to local bidders is
permissible, City of Port Orange v. Leechase Corp., 430 So.2d 534 (Fla. 5th
DCA 1983), but evaluators who give a preference to local bidders without
legislative authority do so at their peril, Adolphus v. Baskin, 95 Fla. 603,
116 So. 225 (1928); Marriott Corp. v. Metropolitan Dade County, 383 So.2d
662 (Fla. 3d DCA 1980). The executive-legislative distinction recognized in
City of Port Orange is yet another reason to include standard evaluation
criteria in a rule or ordinance. Only when local preference has been
established by a legislative enactment are evaluators authorized to apply
that criterion. Consequently, not all evaluation criteria are created equal.
Of course, it is best when the criteria are restated in the bid documents
and the rule or ordinance is incorporated by reference. See also Att’y Gen.
Op. 01-65 (school board may adopt policy for awarding purchasing and
professional services contracts that gives preference to businesses located
within county, to extent that such policy does not conflict with statutorily
prescribed preferences).

There is also a prohibition of local preferences in federally-funded
projects.  See, e.g. 40 CFR § 31.36, incorporated by reference in Section
62-503(6), FAC.

Thomas M Dillon PA

Board Certified in Construction Law

PO Box 370736

Key Largo, Florida 33037

Phone: 305-240-1767

Fax: 305-723-6333

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.com

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.

For example - Miami-Dade County.

JAMES E. MOYE
Moye, O'Brien, O'Rourke, Pickert & Dillon, LLP
(407) 622-5250
[Description: Description: Description: http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E9FCC9C6B2384C36852574FA00690DDC/$FILE/ConstructionLaw.jpg?OpenElement]
[Confidentiality Notice:  This e-mail, the information contained herein, and any attachments hereto, are intended only for the addressee(s) listed above, and is privileged and confidential.  Any unauthorized interception, use, dissemination, distribution or disclosure hereof is strictly prohibited.]

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of fred.dudley@hklaw.com
Sent: Monday, January 30, 2012 12:47 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Local preference ordinances

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.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org]mailto:[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.

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