Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1076
Ì635516-Î635516
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2021 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Governmental Oversight and Accountability
(Brodeur) recommended the following:
1 Senate Amendment (with directory and title amendments)
2
3 Delete lines 22 - 80
4 and insert:
5 services paid for with funding that is state-appropriated or
6 locally appropriated in which 50 percent or more of the cost
7 will be paid from state-appropriated funds which have been
8 appropriated at the time of the competitive solicitation, a
9 state college, county, municipality, school district, or other
10 political subdivision of the state may not use a local ordinance
11 or regulation that provides a preference based upon:
12 (a) The contractor’s maintaining an office or place of
13 business within a particular local jurisdiction;
14 (b) The contractor’s hiring employees or subcontractors
15 from within a particular local jurisdiction; or
16 (c) The contractor’s prior payment of local taxes,
17 assessments, or duties within a particular local jurisdiction.
18 (4) Except as provided in subsection (2), this section does
19 not prevent a state college, county, municipality, school
20 district, or other political subdivision of the state from:
21 (a) Awarding a contract to a contractor in accordance with
22 applicable state laws or local ordinances or regulations; or
23 (b) Offering any incentive or awarding any point preference
24 to a contractor in the bidding process for a contract for
25 construction services, so long as acceptance of any such
26 incentive or preference does not impose any fine, penalty, or
27 other sanction on a contractor.
28 Section 2. Paragraph (b) of subsection (1) and subsections
29 (2) and (3) of section 255.0992, Florida Statutes, are amended
30 to read:
31 255.0992 Public works projects; prohibited governmental
32 actions.—
33 (1) As used in this section, the term:
34 (b) “Public works project” means an activity of which 50
35 percent or more of the cost will be paid for with from state
36 appropriated or locally appropriated funds that were
37 appropriated at the time of the competitive solicitation and
38 which consists of the construction, maintenance, repair,
39 renovation, remodeling, or improvement of a building, road,
40 street, sewer, storm drain, water system, site development,
41 irrigation system, reclamation project, gas or electrical
42 distribution system, gas or electrical substation, or other
43 facility, project, or portion thereof that is owned in whole or
44 in part by any political subdivision.
45 (2)(a) Except as required by federal or state law, the
46 state or any political subdivision that contracts for a public
47 works project may not take the following actions:
48 (a) Grant a preference or impose a penalty during the
49 bidding process based on the geographic location of the company
50 headquarters or offices of the contractor, subcontractor, or
51 material supplier or carrier submitting a bid on a public works
52 project or the residences of employees of such contractor,
53 subcontractor, or material supplier or carrier.
54 (b) Require that a contractor, subcontractor, or material
55 supplier or carrier engaged in a public works such project:
56 1. Pay employees a predetermined amount of wages or
57 prescribe any wage rate;
58 2. Provide employees a specified type, amount, or rate of
59 employee benefits;
60 3. Control, limit, or expand staffing; or
61 4. Recruit, train, or hire employees from a designated,
62 restricted, or single source; or
63 5. Train employees in designated programs with a restricted
64 curriculum or from a single source.
65 (c)(b) The state or any political subdivision that
66 contracts for a public works project may not Prohibit any
67 contractor, subcontractor, or material supplier or carrier able
68 to perform such work that who is qualified, licensed, or
69 certified as required by state or local law to perform such work
70 from receiving information about public works opportunities or
71 from submitting a bid on the public works project. This
72 paragraph does not apply to vendors listed under ss. 287.133 and
73 287.134.
74 (3) This section does not:
75 (a) Apply to contracts executed under chapter 337; or
76 (b) Prevent the state or a political subdivision from
77 offering any incentive or awarding any point preference in the
78 bidding process which are not prohibited under this section so
79 long as acceptance of any such incentive or preference does not
80 impose a fine, a penalty, or another sanction on the bidder.
81
82 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
83 And the directory clause is amended as follows:
84 Delete lines 17 - 18
85 and insert:
86 Section 1. Subsections (2) and (4) of section 255.0991,
87 Florida Statutes, are amended to read:
88
89 ================= T I T L E A M E N D M E N T ================
90 And the title is amended as follows:
91 Delete lines 5 - 12
92 and insert:
93 state or locally appropriated funds; providing
94 construction; amending s. 255.0992, F.S.; revising the
95 definition of the term “public works project”;
96 prohibiting the state or any political subdivision
97 that contracts for a public works project from taking
98 specified action against certain persons that are
99 engaged in a public works project or have submitted a
100 bid for such a project; providing construction;
101 providing an