Bill Text: FL S0778 | 2015 | Regular Session | Enrolled

Bill Title: Local Government Construction Preferences

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2015-05-22 - Chapter No. 2015-63 [S0778 Detail]

Download: Florida-2015-S0778-Enrolled.html
       2015 Legislature             CS for CS for SB 778, 2nd Engrossed
    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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.