| 1 | A bill to be entitled |
| 2 | An act relating to state contracts for construction or |
| 3 | repair of public buildings and public works; amending s. |
| 4 | 255.05, F.S.; revising the threshold amount of contracts |
| 5 | with the state, any political subdivision thereof, or |
| 6 | other public authority for the construction or repair of a |
| 7 | public building or the prosecution, completion, or repair |
| 8 | of a public work with respect to which the Department of |
| 9 | Management Services is required to adopt specified rules; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (b) of subsection (1) of section |
| 15 | 255.05, Florida Statutes, is amended to read: |
| 16 | 255.05 Bond of contractor constructing public buildings; |
| 17 | form; action by materialmen.-- |
| 18 | (1) |
| 19 | (b) The Department of Management Services shall adopt |
| 20 | rules with respect to all contracts for $500,000 $200,000 or |
| 21 | less, to provide: |
| 22 | 1. Procedures for retaining up to 10 percent of each |
| 23 | request for payment submitted by a contractor and procedures for |
| 24 | determining disbursements from the amount retained on a pro rata |
| 25 | basis to laborers, materialmen, and subcontractors, as defined |
| 26 | in s. 713.01. |
| 27 | 2. Procedures for requiring certification from laborers, |
| 28 | materialmen, and subcontractors, as defined in s. 713.01, prior |
| 29 | to final payment to the contractor that such laborers, |
| 30 | materialmen, and subcontractors have no claims against the |
| 31 | contractor resulting from the completion of the work provided |
| 32 | for in the contract. |
| 33 |
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| 34 | The state shall not be held liable to any laborer, materialman, |
| 35 | or subcontractor for any amounts greater than the pro rata share |
| 36 | as determined under this section. |
| 37 | Section 2. This act shall take effect July 1, 2007. |