Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1076
       
       
       
       
       
       
                                Ì635516-Î635516                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2021           .                                
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       The Committee on Governmental Oversight and Accountability
       (Brodeur) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 22 - 80
    4  and insert:
    5  services paid for with funding that is state-appropriated or
    6  locally appropriated in which 50 percent or more of the cost
    7  will be paid from state-appropriated funds which have been
    8  appropriated at the time of the competitive solicitation, a
    9  state college, county, municipality, school district, or other
   10  political subdivision of the state may not use a local ordinance
   11  or regulation that provides a preference based upon:
   12         (a) The contractor’s maintaining an office or place of
   13  business within a particular local jurisdiction;
   14         (b) The contractor’s hiring employees or subcontractors
   15  from within a particular local jurisdiction; or
   16         (c) The contractor’s prior payment of local taxes,
   17  assessments, or duties within a particular local jurisdiction.
   18         (4) Except as provided in subsection (2), this section does
   19  not prevent a state college, county, municipality, school
   20  district, or other political subdivision of the state from:
   21         (a) Awarding a contract to a contractor in accordance with
   22  applicable state laws or local ordinances or regulations; or
   23         (b)Offering any incentive or awarding any point preference
   24  to a contractor in the bidding process for a contract for
   25  construction services, so long as acceptance of any such
   26  incentive or preference does not impose any fine, penalty, or
   27  other sanction on a contractor.
   28         Section 2. Paragraph (b) of subsection (1) and subsections
   29  (2) and (3) of section 255.0992, Florida Statutes, are amended
   30  to read:
   31         255.0992 Public works projects; prohibited governmental
   32  actions.—
   33         (1) As used in this section, the term:
   34         (b) “Public works project” means an activity of which 50
   35  percent or more of the cost will be paid for with from state
   36  appropriated or locally appropriated funds that were
   37  appropriated at the time of the competitive solicitation and
   38  which consists of the construction, maintenance, repair,
   39  renovation, remodeling, or improvement of a building, road,
   40  street, sewer, storm drain, water system, site development,
   41  irrigation system, reclamation project, gas or electrical
   42  distribution system, gas or electrical substation, or other
   43  facility, project, or portion thereof that is owned in whole or
   44  in part by any political subdivision.
   45         (2)(a) Except as required by federal or state law, the
   46  state or any political subdivision that contracts for a public
   47  works project may not take the following actions:
   48         (a) Grant a preference or impose a penalty during the
   49  bidding process based on the geographic location of the company
   50  headquarters or offices of the contractor, subcontractor, or
   51  material supplier or carrier submitting a bid on a public works
   52  project or the residences of employees of such contractor,
   53  subcontractor, or material supplier or carrier.
   54         (b) Require that a contractor, subcontractor, or material
   55  supplier or carrier engaged in a public works such project:
   56         1. Pay employees a predetermined amount of wages or
   57  prescribe any wage rate;
   58         2. Provide employees a specified type, amount, or rate of
   59  employee benefits;
   60         3. Control, limit, or expand staffing; or
   61         4. Recruit, train, or hire employees from a designated,
   62  restricted, or single source; or
   63         5.Train employees in designated programs with a restricted
   64  curriculum or from a single source.
   65         (c)(b)The state or any political subdivision that
   66  contracts for a public works project may not Prohibit any
   67  contractor, subcontractor, or material supplier or carrier able
   68  to perform such work that who is qualified, licensed, or
   69  certified as required by state or local law to perform such work
   70  from receiving information about public works opportunities or
   71  from submitting a bid on the public works project. This
   72  paragraph does not apply to vendors listed under ss. 287.133 and
   73  287.134.
   74         (3) This section does not:
   75         (a) Apply to contracts executed under chapter 337; or
   76         (b)Prevent the state or a political subdivision from
   77  offering any incentive or awarding any point preference in the
   78  bidding process which are not prohibited under this section so
   79  long as acceptance of any such incentive or preference does not
   80  impose a fine, a penalty, or another sanction on the bidder.
   81  
   82  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   83  And the directory clause is amended as follows:
   84         Delete lines 17 - 18
   85  and insert:
   86         Section 1. Subsections (2) and (4) of section 255.0991,
   87  Florida Statutes, are amended to read:
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90  And the title is amended as follows:
   91         Delete lines 5 - 12
   92  and insert:
   93         state or locally appropriated funds; providing
   94         construction; amending s. 255.0992, F.S.; revising the
   95         definition of the term “public works project”;
   96         prohibiting the state or any political subdivision
   97         that contracts for a public works project from taking
   98         specified action against certain persons that are
   99         engaged in a public works project or have submitted a
  100         bid for such a project; providing construction;
  101         providing an