Bill Text: FL S1076 | 2021 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2021 CS for CS for SB 1076 By the Committees on Community Affairs; and Governmental Oversight and Accountability; and Senator Brodeur 578-03608-21 20211076c2 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 within which 50 percent or more of the cost22will 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 that imposes a penaltyprovides a preferencebased 27 upon: 28 (a) The contractor’s maintaining an office or place of 29 business within a particular local jurisdiction; 30 (b) The contractor’s hiring employees or subcontractors 31 from within a particular local jurisdiction; or 32 (c) The contractor’s prior payment of local taxes, 33 assessments, or duties within a particular local jurisdiction. 34 Section 2. Paragraph (b) of subsection (1) and subsection 35 (2) of section 255.0992, Florida Statutes, are amended to read: 36 255.0992 Public works projects; prohibited governmental 37 actions.— 38 (1) As used in this section, the term: 39 (b) “Public works project” means an activity exceeding 40 $300,000 in value which isof which 50 percent or more of the41cost will bepaid for with anyfromstate-appropriated funds 42that were appropriated at the time of the competitive43solicitationand which consists of the construction, 44 maintenance, repair, renovation, remodeling, or improvement of a 45 building, road, street, sewer, storm drain, water system, site 46 development, irrigation system, reclamation project, gas or 47 electrical distribution system, gas or electrical substation, or 48 other facility, project, or portion thereof that is owned in 49 whole or in part by any political subdivision. 50 (2)(a)Except as required by federal or state law, the 51 state or any political subdivision that contracts for a public 52 works project may not take the following actions: 53 (a) Impose a penalty during the bidding process based on 54 the geographic location of the company headquarters or offices 55 of the contractor, subcontractor, or material supplier or 56 carrier submitting a bid on a public works project or the 57 residences of employees of such contractor, subcontractor, or 58 material supplier or carrier. 59 (b) Require that a contractor, subcontractor, or material 60 supplier or carrier engaged in a public workssuchproject: 61 1. Pay employees a predetermined amount of wages or 62 prescribe any wage rate; 63 2. Provide employees a specified type, amount, or rate of 64 employee benefits; 65 3. Control, limit, or expand staffing;or66 4. Recruit, train,or hire employees from a designated, 67 restricted, or single source; or 68 5. Train employees in designated programs with a restricted 69 curriculum or from a single source. 70 (c)(b)The state or any political subdivision that71contracts for a public works project may notProhibit any 72 contractor, subcontractor, or material supplier or carrier able 73 to perform such work whichwhois qualified, licensed, or 74 certified as required by state or local law to perform such work 75 from receiving information about public works opportunities or 76 from submitting a bid on the public works project. This 77 paragraph does not apply to vendors listed under ss. 287.133 and 78 287.134. 79 80 This section does not apply to a program authorized by s. 81 212.055(1) which is approved by a majority vote of the 82 electorate of the county or by a charter amendment approved by a 83 majority vote of the electorate of the county. 84 Section 3. This act shall take effect July 1, 2021.