| 1 | A bill to be entitled |
| 2 | An act relating to the City of Jacksonville, Duval County; |
| 3 | amending ch. 92-341, Laws of Florida, as amended; |
| 4 | authorizing the waiver of payment and performance bonds |
| 5 | for the construction of a public building, for the |
| 6 | prosecution and completion of a public work, or for repair |
| 7 | upon a public building or public work when the cost of the |
| 8 | project is $500,000 or less and the contract for the |
| 9 | construction, completion, or repair is awarded pursuant to |
| 10 | an economic development program established to encourage |
| 11 | local small businesses to participate in City of |
| 12 | Jacksonville procurement programs; providing an effective |
| 13 | date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
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| 17 | Section 1. Section 18.11 is added to chapter 92-341, Laws |
| 18 | of Florida, as amended, to read: |
| 19 | Section 18.11 Waiver of payment and performance bonds on |
| 20 | construction contracts.--Notwithstanding anything to the |
| 21 | contrary in section 255.05, Florida Statutes, the City of |
| 22 | Jacksonville may waive payment and performance bonds on a |
| 23 | construction contract for the construction of a public building, |
| 24 | for the prosecution and completion of a public work, or for the |
| 25 | repair of a public building or public work when the cost of such |
| 26 | project is $500,000 or less and the contract is awarded pursuant |
| 27 | to a race-neutral and gender-neutral economic development |
| 28 | program for the encouragement of local small businesses that has |
| 29 | been adopted by the Council of the City of Jacksonville by |
| 30 | resolution or ordinance. For any contract for which a payment or |
| 31 | performance bond has been waived pursuant to the authority of |
| 32 | this section, the City of Jacksonville shall pay all persons |
| 33 | defined in section 713.01, Florida Statutes, who furnish labor, |
| 34 | services, or materials for the prosecution of the work provided |
| 35 | for in the contract to the same extent and upon the same |
| 36 | conditions that a surety on the payment bond under section |
| 37 | 255.05, Florida Statutes, would have been obligated to pay such |
| 38 | persons if the payment or performance bond had not been waived. |
| 39 | The City of Jacksonville shall record notice of this obligation |
| 40 | in the manner and location that surety bonds are recorded. The |
| 41 | notice shall include the information describing the contract |
| 42 | which section 255.05(1), Florida Statutes, requires be stated on |
| 43 | the front page of the bond. Section 255.05(9), Florida Statutes, |
| 44 | shall apply to any contract on which a performance or payment |
| 45 | bond is waived pursuant to this act, and any claim to payment |
| 46 | under this section shall be treated as a contract claim pursuant |
| 47 | to section 255.05(9), Florida Statutes. |
| 48 | Section 2. This act shall take effect upon becoming a law. |