Bill Amendment: FL S1076 | 2021 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Public Works Projects
Status: 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 53 (Ch. 2021-194) [S1076 Detail]
Download: Florida-2021-S1076-Senate_Committee_Amendment_635516.html
Bill Title: Public Works Projects
Status: 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 53 (Ch. 2021-194) [S1076 Detail]
Download: Florida-2021-S1076-Senate_Committee_Amendment_635516.html
Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1076 Ì635516-Î635516 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 appropriatedin which 50 percent or more of the cost7will be paid from state-appropriated funds which have been8appropriated 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 activityof which 5035percent or more of the cost will bepaid for withfromstate 36 appropriated or locally appropriated fundsthat were37appropriated at the time of the competitive solicitationand 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 workssuchproject: 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;or61 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 that66contracts for a public works project may notProhibit any 67 contractor, subcontractor, or material supplier or carrier able 68 to perform such work thatwhois 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