Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 934
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Before line 15
    4  insert:
    5         Section 1. Subsection (5) of section 336.41, Florida
    6  Statutes, is amended to read:
    7         336.41 Counties; employing labor and providing road
    8  equipment; accounting; when competitive bidding required.—
    9         (5)(a) For contracts in excess of $250,000, any county may
   10  require that persons interested in performing work under the
   11  contract first be certified or qualified to do the work. Any
   12  contractor prequalified and considered eligible to bid by the
   13  department to perform the type of work described under the
   14  contract shall be presumed to be qualified to perform the work
   15  so described. In establishing qualification criteria, a county
   16  may not impose more stringent qualification standards than such
   17  standards required by the Department of Transportation for the
   18  type of work to be performed under the contract. Any contractor
   19  may be considered ineligible to bid by the county if the
   20  contractor is behind an approved progress schedule by 10 percent
   21  or more on another project for that county at the time of the
   22  advertisement of the work. The county may provide an appeal
   23  process to overcome such consideration with de novo review based
   24  on the record below to the circuit court.
   25         (b) The county shall publish prequalification criteria and
   26  procedures prior to advertisement or notice of solicitation. In
   27  establishing prequalification criteria, a county may not impose
   28  more stringent standards than such standards required by the
   29  Department of Transportation to perform the type of work
   30  described in the advertisement or notice of solicitation. Such
   31  publications shall include notice of a public hearing for
   32  comment on such criteria and procedures prior to adoption. The
   33  procedures shall provide for an appeal process within the county
   34  for objections to the prequalification process with de novo
   35  review based on the record below to the circuit court.
   36         (c) The county shall also publish for comment, prior to
   37  adoption, the selection criteria and procedures to be used by
   38  the county if such procedures would allow selection of other
   39  than the lowest responsible bidder. The selection criteria shall
   40  include an appeal process within the county with de novo review
   41  based on the record below to the circuit court.
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete line 2
   46  and insert:
   47         An act relating to public works projects; amending s.
   48         336.41, F.S.; providing limitations with respect to
   49         qualification and prequalification criteria that a
   50         county may require in connection with certain road and
   51         bridge construction and reconstruction projects;
   52         providing