Senate Bill 0676c1

    Florida Senate - 1998                            CS for SB 676

    By the Committee on Governmental Reform and Oversight and
    Senator Ostalkiewicz




    302-2055-98

  1                      A bill to be entitled

  2         An act relating to state government; amending

  3         s. 255.05, F.S.; providing for the maintenance

  4         of actions in law and in equity for breach of

  5         contract on public works projects; providing

  6         legislative intent; providing duties of

  7         procuring agencies relating to procurement

  8         contracts; imposing certain duties on the

  9         Comptroller; providing application; providing

10         an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsection (8) is added to section 255.05,

15  Florida Statutes, to read:

16         255.05  Bond of contractor constructing public

17  buildings; form; action by materialmen.--

18         (8)  On any public works project on which the public

19  authority requires a performance and payment bond, suits at

20  law and in equity may be brought and maintained by and against

21  the public authority on any contract claim arising from breach

22  of an express or implied provision of a written agreement or a

23  written directive issued by the public authority pursuant to

24  the written agreement. In any such suit, the public authority

25  and the contractor shall have all of the same rights,

26  obligations, remedies, and defenses as a private person under

27  a like contract, except that no liability may be based on an

28  oral modification of the written contract or written

29  directive. Notwithstanding anything to the contrary contained

30  in this section, no employee or agent of the public authority

31  may be held personally liable to an extent greater than that

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 676
    302-2055-98




  1  pursuant to s. 768.28, and no suit sounding in tort shall be

  2  maintained against the public authority.

  3         Section 2.  It is the intent of the Legislature that

  4  the Comptroller have access to and annually publish the amount

  5  of dollars spent by this state in the labor portion of

  6  state-contracted services to serve as a benchmark and

  7  measurement tool of state-contracted employment.

  8         (1)  As a condition of each procurement contract in

  9  excess of the threshold amount provided in section 287.017,

10  Florida Statutes, for CATEGORY FOUR entered into after

11  December 31, 1998, the procuring agency shall require the

12  successful contractor to provide estimates of the number of

13  full-time-equivalent positions, or fractions thereof, and the

14  amount of dollars represented by the labor portion, including

15  salary and benefits, of each contract.  The procuring agency

16  shall record such estimates in the State Automated Management

17  Accounting Subsystem in accordance with procedures prescribed

18  by the Comptroller.

19         (2)  The Comptroller shall include in the State

20  Automated Management Accounting Subsystem the capability to

21  prepare reports containing the estimates of the number of

22  full-time-equivalent positions and labor dollars for contracts

23  entered into the system by agencies after December 31, 1998.

24  The Comptroller shall publish such information annually.

25         (3)  This section does not apply to contracts for the

26  purchase of commodities as defined in section 287.012, Florida

27  Statutes, but applies to all other contracts entered into by

28  the state, including, but not limited to, contracts for social

29  services, road design and construction, building construction,

30  management consulting services, and public-private

31  partnerships.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 676
    302-2055-98




  1         Section 3.  This act shall take effect July 1, 1998,

  2  except that section 2 shall take effect after the Governor, in

  3  consultation with the cabinet, issues an executive order

  4  pursuant to section 252.36, Florida Statutes, to make the

  5  necessary change to the State Automated Management Accounting

  6  Subsystem as provided by section 14.025, Florida Statutes, as

  7  created by the act, or July 1, 2000, whichever occurs earlier.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 676

11

12  The committee substitute provides that suits at law and in
    equity may be brought and maintained by and against a public
13  authority on any breach of contract that can be substantiated
    through the express or implied provision of a written
14  contract.

15  This act shall take effect July 1, 1998, except that section 2
    shall take effect after the Governor, in consultation with the
16  cabinet, issues an executive order pursuant to s. 252.36,
    Florida Statutes, to make the necessary change to the State
17  Automated Management Accounting Subsystem as provided by s.
    14.025, Florida Statutes, as created by the act or July 1,
18  2000, whichever occurs earlier.

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3