Florida Senate - 2021                             CS for SB 1076
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Brodeur
       
       
       
       
       585-02679-21                                          20211076c1
    1                        A bill to be entitled                      
    2         An act relating to public works projects; amending s.
    3         255.0991, F.S.; revising a prohibition relating to any
    4         solicitation for construction services paid for with
    5         state or locally appropriated funds; providing
    6         construction; amending s. 255.0992, F.S.; revising the
    7         definition of the term “public works project”;
    8         prohibiting the state or any political subdivision
    9         that contracts for a public works project from taking
   10         specified action against certain persons that are
   11         engaged in a public works project or have submitted a
   12         bid for such a project; providing construction;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (2) and (4) of section 255.0991,
   18  Florida Statutes, are amended to read:
   19         255.0991 Contracts for construction services; prohibited
   20  local government preferences.—
   21         (2) For any a competitive solicitation for construction
   22  services paid for with funding that is state-appropriated or
   23  locally appropriated in which 50 percent or more of the cost
   24  will be paid from state-appropriated funds which have been
   25  appropriated at the time of the competitive solicitation, a
   26  state college, county, municipality, school district, or other
   27  political subdivision of the state may not use a local ordinance
   28  or regulation that provides a preference based upon:
   29         (a) The contractor’s maintaining an office or place of
   30  business within a particular local jurisdiction;
   31         (b) The contractor’s hiring employees or subcontractors
   32  from within a particular local jurisdiction; or
   33         (c) The contractor’s prior payment of local taxes,
   34  assessments, or duties within a particular local jurisdiction.
   35         (4) Except as provided in subsection (2), this section does
   36  not prevent a state college, county, municipality, school
   37  district, or other political subdivision of the state from:
   38         (a) Awarding a contract to a contractor in accordance with
   39  applicable state laws or local ordinances or regulations; or
   40         (b)Offering any incentive or awarding any point preference
   41  to a contractor in the bidding process for a contract for
   42  construction services, so long as acceptance of any such
   43  incentive or preference does not impose any fine, penalty, or
   44  other sanction on a contractor.
   45         Section 2. Paragraph (b) of subsection (1) and subsections
   46  (2) and (3) of section 255.0992, Florida Statutes, are amended
   47  to read:
   48         255.0992 Public works projects; prohibited governmental
   49  actions.—
   50         (1) As used in this section, the term:
   51         (b) “Public works project” means an activity of which 50
   52  percent or more of the cost will be paid for with from state
   53  appropriated or locally appropriated funds that were
   54  appropriated at the time of the competitive solicitation and
   55  which consists of the construction, maintenance, repair,
   56  renovation, remodeling, or improvement of a building, road,
   57  street, sewer, storm drain, water system, site development,
   58  irrigation system, reclamation project, gas or electrical
   59  distribution system, gas or electrical substation, or other
   60  facility, project, or portion thereof that is owned in whole or
   61  in part by any political subdivision.
   62         (2)(a) Except as required by federal or state law, the
   63  state or any political subdivision that contracts for a public
   64  works project may not take the following actions:
   65         (a) Grant a preference or impose a penalty during the
   66  bidding process based on the geographic location of the company
   67  headquarters or offices of the contractor, subcontractor, or
   68  material supplier or carrier submitting a bid on a public works
   69  project or the residences of employees of such contractor,
   70  subcontractor, or material supplier or carrier.
   71         (b) Require that a contractor, subcontractor, or material
   72  supplier or carrier engaged in a public works such project:
   73         1. Pay employees a predetermined amount of wages or
   74  prescribe any wage rate;
   75         2. Provide employees a specified type, amount, or rate of
   76  employee benefits;
   77         3. Control, limit, or expand staffing; or
   78         4. Recruit, train, or hire employees from a designated,
   79  restricted, or single source; or
   80         5.Train employees in designated programs with a restricted
   81  curriculum or from a single source.
   82         (c)(b)The state or any political subdivision that
   83  contracts for a public works project may not Prohibit any
   84  contractor, subcontractor, or material supplier or carrier able
   85  to perform such work that who is qualified, licensed, or
   86  certified as required by state or local law to perform such work
   87  from receiving information about public works opportunities or
   88  from submitting a bid on the public works project. This
   89  paragraph does not apply to vendors listed under ss. 287.133 and
   90  287.134.
   91         (3) This section does not:
   92         (a) Apply to contracts executed under chapter 337; or
   93         (b)Prevent the state or a political subdivision from
   94  offering any incentive or awarding any point preference in the
   95  bidding process which are not prohibited under this section so
   96  long as acceptance of any such incentive or preference does not
   97  impose a fine, a penalty, or another sanction on the bidder.
   98         Section 3. This act shall take effect July 1, 2021.