ENROLLED 2015 Legislature CS for CS for SB 778, 2nd Engrossed 2015778er 1 2 An act relating to local government construction 3 preferences; creating s. 255.0991, F.S.; defining 4 terms; prohibiting local ordinances and regulations 5 from restricting competition for the award of a 6 contract for construction services based upon certain 7 conditions; requiring a state college, county, 8 municipality, school district, or other political 9 subdivision of the state to make specified disclosures 10 in competitive solicitation documents; providing 11 applicability; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 255.0991, Florida Statutes, is created 16 to read: 17 255.0991 Contracts for construction services; prohibited 18 local government preferences.— 19 (1) For purposes of this section, the term: 20 (a) “Competitive solicitation” has the same meaning as in 21 s. 255.248. 22 (b) “State-appropriated funds” means all funds appropriated 23 in the General Appropriations Act, excluding federal funds. 24 (2) For a competitive solicitation for construction 25 services in which 50 percent or more of the cost will be paid 26 from state-appropriated funds which have been appropriated at 27 the time of the competitive solicitation, a state college, 28 county, municipality, school district, or other political 29 subdivision of the state may not use a local ordinance or 30 regulation that provides a preference based upon: 31 (a) The contractor’s maintaining an office or place of 32 business within a particular local jurisdiction; 33 (b) The contractor’s hiring employees or subcontractors 34 from within a particular local jurisdiction; or 35 (c) The contractor’s prior payment of local taxes, 36 assessments, or duties within a particular local jurisdiction. 37 (3) For any competitive solicitation that meets the 38 criteria in subsection (2), a state college, county, 39 municipality, school district, or other political subdivision of 40 the state shall disclose in the solicitation document that any 41 applicable local ordinance or regulation does not include any 42 preference that is prohibited by subsection (2). 43 (4) Except as provided in subsection (2), this section does 44 not prevent a state college, county, municipality, school 45 district, or other political subdivision of the state from 46 awarding a contract to a contractor in accordance with 47 applicable state laws or local ordinances or regulations. 48 Section 2. This act shall take effect July 1, 2015.