HB 1385 2003
1	A bill to be entitled
2	An act relating to public contracts; creating s. 287.0575,
3	F.S.; creating a fiduciary responsibility under certain
4	contracts; requiring certain contractors to exercise
5	oversight responsibilities over subcontractors; specifying
6	responsibility for certain subcontractor failures to
7	perform; specifying negligence under certain
8	circumstances; providing a penalty; providing a defense
9	under certain circumstances; creating s. 287.0576, F.S.;
10	specifying certain unlawful activities in certain public
11	project bid solicitations; providing a penalty; providing
12	an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 287.0575, Florida Statutes, is created
17	to read:
18	287.0575 Contractor’s fiduciary responsibilities under
19	procurement contracts; penalty.--
20	(1) Any person who enters into a formal contract with a
21	public entity, as provided in this section, creates a fiduciary
22	responsibility to the public entity. If such person contracts
23	with any subcontractor under the contract, such person shall
24	exercise oversight responsibility over such subcontractor and is
25	responsible under the contract to the public entity for any
26	failure in performance of a subcontractor under the subcontract.
27	(2) A person who fails to exercise oversight
28	responsibility over a subcontractor as provided in subsection
29	(1) is negligent if the public entity suffers a financial loss
30	in excess of $1,000 and commits a misdemeanor of the first
31	degree, punishable as provided in s. 775.082 or s. 775.083. It
32	is an affirmative defense to such offense if such person pays
33	restitution to the public entity in the full amount of the
34	financial loss prior to the filing of any formal charges by the
35	public entity to enforce provisions of the contract.
36	Section 2. Section 287.0576, Florida Statutes, is created
37	to read:
38	287.0576. Bid rigging prohibition; penalty.--
39	(1) It is unlawful, whenever soliciting a bid for a
40	procurement contract under this chapter or a contract subject to
41	the requirements of s. 255.05:
42	(a) To disclose information about the project to any
43	person who may submit a bid on the project unless the same
44	information is disclosed to all persons who may submit a bid on
45	the project.
46	(b) For two or more persons to enter into an agreement in
47	which one or more such persons under the agreement agrees not to
48	bid on the project or submit a bid higher or lower than any
49	other person under the agreement.
50	(2) Any person who violates any provision of subsection
51	(1) commits a felony of the third degree, punishable as provided
52	in s. 775.082, s. 775.083, or s. 775.084.
53	Section 3. This act shall take effect upon becoming a law.