Bill Text: FL S1076 | 2021 | Regular Session | Comm Sub
Bill Title: Public Works Projects
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 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-Comm_Sub.html
Florida Senate - 2021 CS for CS for CS for SB 1076 By the Committees on Rules; Community Affairs; and Governmental Oversight and Accountability; and Senator Brodeur 595-04521-21 20211076c3 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-appropriated funds; amending s. 255.0992, F.S.; 6 revising the definition of the term “public works 7 project”; prohibiting the state or any political 8 subdivision that contracts for a public works project 9 from taking specified action against certain entities 10 that are engaged in a public works project or have 11 submitted a bid for such a project; providing 12 applicability; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (2) of section 255.0991, Florida 17 Statutes, is amended to read: 18 255.0991 Contracts for construction services; prohibited 19 local government preferences.— 20 (2) For anyacompetitive solicitation for construction 21 services paid for with anyin which 50 percent or more of the22cost will be paid fromstate-appropriated fundswhich have been23appropriated at the time of the competitive solicitation, a 24 state college, county, municipality, school district, or other 25 political subdivision of the state may not use a local ordinance 26 or regulation to prevent a certified, licensed, or registered 27 contractor, subcontractor, or material supplier or carrier from 28 participating in the bidding processthatprovides a preference29 based upon: 30 (a)The contractor’sMaintaining an office or place of 31 business within a particular local jurisdiction; 32 (b)The contractor’sHiring employees or subcontractors 33 from within a particular local jurisdiction; or 34 (c)The contractor’sPrior 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 exceeding $1 42 million in value which isof which 50 percent or more of the43cost will bepaid for with anyfromstate-appropriated funds 44that were appropriated at the time of the competitive45solicitationand 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) Prevent a certified, licensed, or registered 56 contractor, subcontractor, or material supplier or carrier from 57 participating in the bidding process based on the geographic 58 location of the company headquarters or offices of the 59 contractor, subcontractor, or material supplier or carrier 60 submitting a bid on a public works project or of the residence 61 of an employee of such contractor, subcontractor, or material 62 supplier or carrier. 63 (b) Require that a contractor, subcontractor, or material 64 supplier or carrier engaged in a public workssuchproject: 65 1. Pay employees a predetermined amount of wages or 66 prescribe any wage rate; 67 2. Provide employees a specified type, amount, or rate of 68 employee benefits; 69 3. Control, Limit, or expand staffing; or 70 4. Recruit, train, or hire employees from a designated, 71 restricted, or single source. 72 (c)(b)The state or any political subdivision that73contracts for a public works project may notProhibit any 74 contractor, subcontractor, or material supplier or carrier able 75 to perform such work whichwhois 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 82 This section does not apply to a program authorized by s. 83 212.055(1) which is approved by a majority vote of the 84 electorate of the county or by a charter amendment approved by a 85 majority vote of the electorate of the county. 86 Section 3. This act shall take effect July 1, 2021.