Florida Senate - 2021                                    SB 1076
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00577B-21                                           20211076__
    1                        A bill to be entitled                      
    2         An act relating to public works projects; amending s.
    3         255.0991, F.S.; revising a prohibition relating to any
    4         solicitation for construction services paid for with
    5         state or locally appropriated funds, or any
    6         combination thereof; amending s. 255.0992, F.S.;
    7         revising the definition of the term “public works
    8         project”; prohibiting the state or any political
    9         subdivision that contracts for a public works project
   10         from taking specified action against certain persons
   11         that are engaged in a public works project or have
   12         submitted a bid for such a project; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (2) of section 255.0991, Florida
   18  Statutes, is amended to read:
   19         255.0991 Contracts for construction services; prohibited
   20  local government preferences.—
   21         (2) For any a competitive solicitation for construction
   22  services paid for with funding that is state-appropriated,
   23  locally appropriated, or any combination thereof in which 50
   24  percent or more of the cost will be paid from state-appropriated
   25  funds which have been appropriated at the time of the
   26  competitive solicitation, a state college, county, municipality,
   27  school district, or other political subdivision of the state may
   28  not use a local ordinance or regulation that provides a
   29  preference based upon:
   30         (a) The contractor’s maintaining an office or place of
   31  business within a particular local jurisdiction;
   32         (b) The contractor’s hiring employees or subcontractors
   33  from within a particular local jurisdiction; or
   34         (c) The contractor’s prior payment of local taxes,
   35  assessments, or duties within a particular local jurisdiction.
   36         Section 2. Paragraph (b) of subsection (1) and subsection
   37  (2) of section 255.0992, Florida Statutes, are amended to read:
   38         255.0992 Public works projects; prohibited governmental
   39  actions.—
   40         (1) As used in this section, the term:
   41         (b) “Public works project” means an activity of which 50
   42  percent or more of the cost will be paid for with from state
   43  appropriated or locally appropriated funds, or any combination
   44  thereof, that were appropriated at the time of the competitive
   45  solicitation and which consists of the construction,
   46  maintenance, repair, renovation, remodeling, or improvement of a
   47  building, road, street, sewer, storm drain, water system, site
   48  development, irrigation system, reclamation project, gas or
   49  electrical distribution system, gas or electrical substation, or
   50  other facility, project, or portion thereof that is owned in
   51  whole or in part by any political subdivision.
   52         (2)(a) Except as required by federal or state law, the
   53  state or any political subdivision that contracts for a public
   54  works project may not take the following actions:
   55         (a) Grant a preference or impose a penalty during the
   56  bidding process based on the geographic location of the company
   57  headquarters or offices of the contractor, subcontractor, or
   58  material supplier or carrier submitting a bid on a public works
   59  project or the residences of employees of such contractor,
   60  subcontractor, or material supplier or carrier.
   61         (b) Require that a contractor, subcontractor, or material
   62  supplier or carrier engaged in a public works such project:
   63         1. Pay employees a predetermined amount of wages or
   64  prescribe any wage rate;
   65         2. Provide employees a specified type, amount, or rate of
   66  employee benefits;
   67         3. Control, limit, or expand staffing; or
   68         4. Recruit, train, or hire employees from a designated,
   69  restricted, or single source; or
   70         5. Train employees in designated programs with a restricted
   71  curriculum or from a single source.
   72         (c)(b) The state or any political subdivision that
   73  contracts for a public works project may not Prohibit any
   74  contractor, subcontractor, or material supplier or carrier able
   75  to perform such work that who is qualified, licensed, or
   76  certified as required by state or local law to perform such work
   77  from receiving information about public works opportunities or
   78  from submitting a bid on the public works project. This
   79  paragraph does not apply to vendors listed under ss. 287.133 and
   80  287.134.
   81         Section 3. This act shall take effect July 1, 2021.
   82