Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 1076
Ì801090tÎ801090
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2021 .
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The Committee on Community Affairs (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 17 - 97
4 and insert:
5 Section 1. Subsection (2) of section 255.0991, Florida
6 Statutes, is amended to read:
7 255.0991 Contracts for construction services; prohibited
8 local government preferences.—
9 (2) For any a competitive solicitation for construction
10 services paid for with in which 50 percent or more of the cost
11 will be paid from state-appropriated funds which have been
12 appropriated at the time of the competitive solicitation, a
13 state college, county, municipality, school district, or other
14 political subdivision of the state may not use a local ordinance
15 or regulation that imposes a penalty provides a preference based
16 upon:
17 (a) The contractor’s maintaining an office or place of
18 business within a particular local jurisdiction;
19 (b) The contractor’s hiring employees or subcontractors
20 from within a particular local jurisdiction; or
21 (c) The contractor’s prior payment of local taxes,
22 assessments, or duties within a particular local jurisdiction.
23 Section 2. Paragraph (b) of subsection (1) and subsection
24 (2) of section 255.0992, Florida Statutes, are amended to read:
25 255.0992 Public works projects; prohibited governmental
26 actions.—
27 (1) As used in this section, the term:
28 (b) “Public works project” means an activity exceeding
29 $300,000 in value which is of which 50 percent or more of the
30 cost will be paid for with any from state-appropriated funds
31 that were appropriated at the time of the competitive
32 solicitation and which consists of the construction,
33 maintenance, repair, renovation, remodeling, or improvement of a
34 building, road, street, sewer, storm drain, water system, site
35 development, irrigation system, reclamation project, gas or
36 electrical distribution system, gas or electrical substation, or
37 other facility, project, or portion thereof that is owned in
38 whole or in part by any political subdivision.
39 (2)(a) Except as required by federal or state law, the
40 state or any political subdivision that contracts for a public
41 works project may not take the following actions:
42 (a) Impose a penalty during the bidding process based on
43 the geographic location of the company headquarters or offices
44 of the contractor, subcontractor, or material supplier or
45 carrier submitting a bid on a public works project or the
46 residences of employees of such contractor, subcontractor, or
47 material supplier or carrier.
48 (b) Require that a contractor, subcontractor, or material
49 supplier or carrier engaged in a public works such project:
50 1. Pay employees a predetermined amount of wages or
51 prescribe any wage rate;
52 2. Provide employees a specified type, amount, or rate of
53 employee benefits;
54 3. Control, limit, or expand staffing; or
55 4. Recruit, train, or hire employees from a designated,
56 restricted, or single source; or
57 5. Train employees in designated programs with a restricted
58 curriculum or from a single source.
59 (c)(b) The state or any political subdivision that
60 contracts for a public works project may not Prohibit any
61 contractor, subcontractor, or material supplier or carrier able
62 to perform such work which who is qualified, licensed, or
63 certified as required by state or local law to perform such work
64 from receiving information about public works opportunities or
65 from submitting a bid on the public works project. This
66 paragraph does not apply to vendors listed under ss. 287.133 and
67 287.134.
68
69 This section does not apply to a program authorized by s.
70 212.055(1) which is approved by a majority vote of the
71 electorate of the county or by a charter amendment approved by a
72 majority vote of the electorate of the county.
73
74 ================= T I T L E A M E N D M E N T ================
75 And the title is amended as follows:
76 Delete lines 5 - 12
77 and insert:
78 state-appropriated funds; amending s. 255.0992, F.S.;
79 revising the definition of the term “public works
80 project”; prohibiting the state or any political
81 subdivision that contracts for a public works project
82 from taking specified action against certain entities
83 that are engaged in a public works project or have
84 submitted a bid for such a project; providing
85 applicability;