Florida Senate - 2015                       CS for CS for SB 778
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Community Affairs; and Senator Hays
       
       
       
       
       585-02412-15                                           2015778c2
    1                        A bill to be entitled                      
    2         An act relating to local government construction
    3         preferences; creating s. 255.0991, F.S.; prohibiting
    4         local ordinances and regulations from restricting
    5         competition for the award of a contract for
    6         construction services based upon certain conditions;
    7         requiring a state college, county, municipality,
    8         school district, or other political subdivision of the
    9         state to make specified disclosures in competitive
   10         solicitation documents; providing applicability;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 255.0991, Florida Statutes, is created
   16  to read:
   17         255.0991 Contracts for construction services; prohibited
   18  local government preferences.—
   19         (1) For a competitive solicitation for construction
   20  services in which 50 percent or more of the cost will be paid
   21  from state-appropriated funds, a state college, county,
   22  municipality, school district, or other political subdivision of
   23  the state may not use a local ordinance or regulation that
   24  provides a preference based upon:
   25         (a) The contractor’s maintaining an office or place of
   26  business within a particular local jurisdiction;
   27         (b) The contractor’s hiring employees or subcontractors
   28  from within a particular local jurisdiction; or
   29         (c) The contractor’s prior payment of local taxes,
   30  assessments, or duties within a particular local jurisdiction.
   31         (2) For any competitive solicitation subject to this
   32  section, a state college, county, municipality, school district,
   33  or other political subdivision of the state shall disclose in
   34  the solicitation document whether payment will be made from
   35  funds appropriated by the state and, if known, the amount of
   36  such funds or the percentage of such funds as compared to the
   37  anticipated total cost of the construction services.
   38         (3) Except as provided in subsection (1), this section does
   39  not prevent a state college, county, municipality, school
   40  district, or other political subdivision of the state from
   41  awarding a contract to a contractor in accordance with
   42  applicable state laws or local ordinances or regulations.
   43         Section 2. This act shall take effect July 1, 2015.