Florida Senate - 2015                              CS for SB 778
       
       
        
       By the Committee on Community Affairs; and Senator Hays
       
       
       
       
       
       578-01929-15                                           2015778c1
    1                        A bill to be entitled                      
    2         An act relating to local government construction
    3         preferences; amending s. 287.084, F.S.; specifying
    4         that funds appropriated by the state for certain
    5         competitively solicited projects do not include
    6         federal aid funds; prohibiting local ordinances and
    7         regulations from restricting a certified contractor’s
    8         competition for award of a contract for construction
    9         services based upon certain conditions; requiring a
   10         state college, school district, or other political
   11         subdivision to make specified disclosures in
   12         competitive solicitation documents; providing
   13         construction; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraphs (b) and (c) of subsection (1) of
   18  section 287.084, Florida Statutes, are amended to read:
   19         287.084 Preference to Florida businesses.—
   20         (1)
   21         (b) For purposes of this section:
   22         1. Paragraph (a) does not apply to transportation projects
   23  for which federal aid funds are available.
   24         2. State-appropriated funds used for a project
   25  competitively solicited under paragraph (c) does not include any
   26  federal aid funds.
   27         (c)1. For a competitive solicitation for construction
   28  services in which 50 percent or more of the cost will be paid
   29  from state-appropriated funds, a local ordinance or regulation
   30  may not restrict a certified contractor as defined in s.
   31  489.105(8) from competing for an award based upon:
   32         a. The contractor’s maintaining an office or place of
   33  business within a particular local jurisdiction;
   34         b. The contractor’s hiring employees or subcontractors from
   35  within a particular local jurisdiction; or
   36         c. The contractor’s prior payment of local taxes,
   37  assessments, or duties within a particular local jurisdiction.
   38         2. For any competitive solicitation subject to this
   39  section, a state college, county, municipality, school district,
   40  or other political subdivision shall disclose in the
   41  solicitation document whether payment will be made from funds
   42  appropriated by the state and, if known, the amount of such
   43  funds or the percentage of such funds as compared to the
   44  anticipated total cost of the construction services.
   45         3. Except as provided in subparagraph 1., this section does
   46  not prevent a state college, county, municipality, school
   47  district, or other political subdivision from awarding a
   48  contract to a contractor in accordance with applicable state
   49  laws or local ordinances or regulations. As used in this
   50  section, the term “other political subdivision of this state”
   51  does not include counties or municipalities.
   52         Section 2. This act shall take effect July 1, 2015.