Bill Text: FL S1076 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
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 anyacompetitive solicitation for construction 22 services paid for with funding that is state-appropriated, 23 locally appropriated, or any combination thereofin which 5024percent or more of the cost will be paid from state-appropriated25funds which have been appropriated at the time of the26competitive 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 activityof which 5042percent or more of the cost will bepaid for withfromstate 43 appropriated or locally appropriated funds, or any combination 44 thereof,that 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) 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 workssuchproject: 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;or68 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 that73contracts for a public works project may notProhibit any 74 contractor, subcontractor, or material supplier or carrier able 75 to perform such work thatwhois 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