HB 773

1
A bill to be entitled
2An act relating to state contracts for construction or
3repair of public buildings and public works; amending s.
4255.05, F.S.; revising the threshold amount of contracts
5with the state, any political subdivision thereof, or
6other public authority for the construction or repair of a
7public building or the prosecution, completion, or repair
8of a public work with respect to which the Department of
9Management Services is required to adopt specified rules;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (b) of subsection (1) of section
15255.05, Florida Statutes, is amended to read:
16     255.05  Bond of contractor constructing public buildings;
17form; action by materialmen.--
18     (1)
19     (b)  The Department of Management Services shall adopt
20rules with respect to all contracts for $500,000 $200,000 or
21less, to provide:
22     1.  Procedures for retaining up to 10 percent of each
23request for payment submitted by a contractor and procedures for
24determining disbursements from the amount retained on a pro rata
25basis to laborers, materialmen, and subcontractors, as defined
26in s. 713.01.
27     2.  Procedures for requiring certification from laborers,
28materialmen, and subcontractors, as defined in s. 713.01, prior
29to final payment to the contractor that such laborers,
30materialmen, and subcontractors have no claims against the
31contractor resulting from the completion of the work provided
32for in the contract.
33
34The state shall not be held liable to any laborer, materialman,
35or subcontractor for any amounts greater than the pro rata share
36as determined under this section.
37     Section 2.  This act shall take effect July 1, 2007.


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