Florida Senate - 2021 CS for SB 1076
By the Committee on Governmental Oversight and Accountability;
and Senator Brodeur
585-02679-21 20211076c1
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; providing
6 construction; amending s. 255.0992, F.S.; revising the
7 definition of the term “public works project”;
8 prohibiting the state or any political subdivision
9 that contracts for a public works project from taking
10 specified action against certain persons that are
11 engaged in a public works project or have submitted a
12 bid for such a project; providing construction;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsections (2) and (4) of section 255.0991,
18 Florida Statutes, are 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 or
23 locally appropriated in which 50 percent or more of the cost
24 will be paid from state-appropriated funds which have been
25 appropriated at the time of the competitive solicitation, a
26 state college, county, municipality, school district, or other
27 political subdivision of the state may not use a local ordinance
28 or regulation that provides a preference based upon:
29 (a) The contractor’s maintaining an office or place of
30 business within a particular local jurisdiction;
31 (b) The contractor’s hiring employees or subcontractors
32 from within a particular local jurisdiction; or
33 (c) The contractor’s prior payment of local taxes,
34 assessments, or duties within a particular local jurisdiction.
35 (4) Except as provided in subsection (2), this section does
36 not prevent a state college, county, municipality, school
37 district, or other political subdivision of the state from:
38 (a) Awarding a contract to a contractor in accordance with
39 applicable state laws or local ordinances or regulations; or
40 (b) Offering any incentive or awarding any point preference
41 to a contractor in the bidding process for a contract for
42 construction services, so long as acceptance of any such
43 incentive or preference does not impose any fine, penalty, or
44 other sanction on a contractor.
45 Section 2. Paragraph (b) of subsection (1) and subsections
46 (2) and (3) of section 255.0992, Florida Statutes, are amended
47 to read:
48 255.0992 Public works projects; prohibited governmental
49 actions.—
50 (1) As used in this section, the term:
51 (b) “Public works project” means an activity of which 50
52 percent or more of the cost will be paid for with from state
53 appropriated or locally appropriated funds that were
54 appropriated at the time of the competitive solicitation and
55 which consists of the construction, maintenance, repair,
56 renovation, remodeling, or improvement of a building, road,
57 street, sewer, storm drain, water system, site development,
58 irrigation system, reclamation project, gas or electrical
59 distribution system, gas or electrical substation, or other
60 facility, project, or portion thereof that is owned in whole or
61 in part by any political subdivision.
62 (2)(a) Except as required by federal or state law, the
63 state or any political subdivision that contracts for a public
64 works project may not take the following actions:
65 (a) Grant a preference or impose a penalty during the
66 bidding process based on the geographic location of the company
67 headquarters or offices of the contractor, subcontractor, or
68 material supplier or carrier submitting a bid on a public works
69 project or the residences of employees of such contractor,
70 subcontractor, or material supplier or carrier.
71 (b) Require that a contractor, subcontractor, or material
72 supplier or carrier engaged in a public works such project:
73 1. Pay employees a predetermined amount of wages or
74 prescribe any wage rate;
75 2. Provide employees a specified type, amount, or rate of
76 employee benefits;
77 3. Control, limit, or expand staffing; or
78 4. Recruit, train, or hire employees from a designated,
79 restricted, or single source; or
80 5. Train employees in designated programs with a restricted
81 curriculum or from a single source.
82 (c)(b) The state or any political subdivision that
83 contracts for a public works project may not Prohibit any
84 contractor, subcontractor, or material supplier or carrier able
85 to perform such work that who is qualified, licensed, or
86 certified as required by state or local law to perform such work
87 from receiving information about public works opportunities or
88 from submitting a bid on the public works project. This
89 paragraph does not apply to vendors listed under ss. 287.133 and
90 287.134.
91 (3) This section does not:
92 (a) Apply to contracts executed under chapter 337; or
93 (b) Prevent the state or a political subdivision from
94 offering any incentive or awarding any point preference in the
95 bidding process which are not prohibited under this section so
96 long as acceptance of any such incentive or preference does not
97 impose a fine, a penalty, or another sanction on the bidder.
98 Section 3. This act shall take effect July 1, 2021.