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CS/CS/HB 599 — Public Works Projects

by Government Accountability Committee; Oversight, Transparency and Administration Subcommittee; and Rep. Williamson and others (CS/CS/SB 534 by Governmental Oversight and Accountability Committee; Community Affairs Committee; and Senator Perry)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Community Affairs Committee (CA)

Contracts for construction services that are projected to cost more than a specified threshold must be competitively awarded. Specifically, state contracts for construction projects that are projected to cost in excess of $200,000 must be competitively bid. Counties, municipalities, special districts, or other political subdivisions seeking to construct or improve a public building must competitively bid the project if the estimated cost exceeds $300,000. The solicitation of competitive bids or proposals must be publicly advertised in the Florida Administrative Register.

The bill prohibits the state and its political subdivisions that contract for public works projects from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers or carriers, except as otherwise required by federal or state law. Specifically, the state or political subdivision that contracts for a public works project may not require that a contractor, subcontractor, or material supplier or carrier engaged in the project:

  • Pay employees a predetermined amount of wages or prescribe any wage rate;
  • Provide employees a specified type, amount, or rate of employee benefits;
  • Control, limit, or expand staffing; or
  • Recruit, train, or hire employees from a designated, restricted, or single source.

Public works projects include only those projects for which 50 percent or more of the cost will be paid from state-appropriated funds.

The bill also prohibits the state or a political subdivision from restricting a qualified contractor, subcontractor, or material supplier or carrier from submitting a bid on any public works project or being awarded any contract, subcontract, material order, or carrying order. However, the prohibition does not apply to discriminatory vendors or those that have committed a public entity crime.

The bill does not apply to contracts executed by the Department of Transportation under ch. 337, F.S.

If approved by the Governor, these provisions take effect July 1, 2017.

Vote: Senate 20-17; House 77-40