CS for CS for SB 778                             First Engrossed
       
       
       
       
       
       
       
       
       2015778e1
       
    1                        A bill to be entitled                      
    2         An act relating to local government construction
    3         preferences; creating s. 255.0991, F.S.; defining the
    4         term “state-appropriated funds”; prohibiting local
    5         ordinances and regulations from restricting
    6         competition for the award of a contract for
    7         construction services based upon certain conditions;
    8         requiring a state college, county, municipality,
    9         school district, or other political subdivision of the
   10         state to make specified disclosures in competitive
   11         solicitation documents; providing applicability;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 255.0991, Florida Statutes, is created
   17  to read:
   18         255.0991 Contracts for construction services; prohibited
   19  local government preferences.—
   20         (1) For purposes of this section, the term “state
   21  appropriated funds” means all funds appropriated in the General
   22  Appropriations Act, excluding federal funds.
   23         (2) For a competitive solicitation for construction
   24  services in which 50 percent or more of the cost will be paid
   25  from state-appropriated funds which have been appropriated at
   26  the time of the competitive solicitation, a state college,
   27  county, municipality, school district, or other political
   28  subdivision of the state may not use a local ordinance or
   29  regulation that provides a preference based upon:
   30         (a) The contractor’s maintaining an office or place of
   31  business within a particular local jurisdiction;
   32         (b) The contractor’s hiring employees or subcontractors
   33  from within a particular local jurisdiction; or
   34         (c) The contractor’s prior payment of local taxes,
   35  assessments, or duties within a particular local jurisdiction.
   36         (3) For any competitive solicitation that meets the
   37  criteria in subsection (2), a state college, county,
   38  municipality, school district, or other political subdivision of
   39  the state shall disclose in the solicitation document that any
   40  applicable local ordinance or regulation does not include any
   41  preference that is prohibited by subsection (2).
   42         (4) Except as provided in subsection (2), this section does
   43  not prevent a state college, county, municipality, school
   44  district, or other political subdivision of the state from
   45  awarding a contract to a contractor in accordance with
   46  applicable state laws or local ordinances or regulations.
   47         Section 2. This act shall take effect July 1, 2015.