Florida Senate - 2021               CS for CS for CS for SB 1076
       
       
        
       By the Committees on Rules; Community Affairs; and Governmental
       Oversight and Accountability; and Senator Brodeur
       
       
       
       
       595-04521-21                                          20211076c3
    1                        A bill to be entitled                      
    2         An act relating to public works projects; amending s.
    3         255.0991, F.S.; revising a prohibition relating to any
    4         solicitation for construction services paid for with
    5         state-appropriated funds; amending s. 255.0992, F.S.;
    6         revising the definition of the term “public works
    7         project”; prohibiting the state or any political
    8         subdivision that contracts for a public works project
    9         from taking specified action against certain entities
   10         that are engaged in a public works project or have
   11         submitted a bid for such a project; providing
   12         applicability; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (2) of section 255.0991, Florida
   17  Statutes, is amended to read:
   18         255.0991 Contracts for construction services; prohibited
   19  local government preferences.—
   20         (2) For any a competitive solicitation for construction
   21  services paid for with any in which 50 percent or more of the
   22  cost will be paid from state-appropriated funds which have been
   23  appropriated at the time of the competitive solicitation, a
   24  state college, county, municipality, school district, or other
   25  political subdivision of the state may not use a local ordinance
   26  or regulation to prevent a certified, licensed, or registered
   27  contractor, subcontractor, or material supplier or carrier from
   28  participating in the bidding process that provides a preference
   29  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         Section 2. Paragraph (b) of subsection (1) and subsection
   37  (2) of section 255.0992, Florida Statutes, are amended to read:
   38         255.0992 Public works projects; prohibited governmental
   39  actions.—
   40         (1) As used in this section, the term:
   41         (b) “Public works project” means an activity exceeding $1
   42  million in value which is of which 50 percent or more of the
   43  cost will be paid for with any from state-appropriated funds
   44  that were appropriated at the time of the competitive
   45  solicitation and which consists of the construction,
   46  maintenance, repair, renovation, remodeling, or improvement of a
   47  building, road, street, sewer, storm drain, water system, site
   48  development, irrigation system, reclamation project, gas or
   49  electrical distribution system, gas or electrical substation, or
   50  other facility, project, or portion thereof that is owned in
   51  whole or in part by any political subdivision.
   52         (2)(a) Except as required by federal or state law, the
   53  state or any political subdivision that contracts for a public
   54  works project may not take the following actions:
   55         (a) Prevent a certified, licensed, or registered
   56  contractor, subcontractor, or material supplier or carrier from
   57  participating in the bidding process based on the geographic
   58  location of the company headquarters or offices of the
   59  contractor, subcontractor, or material supplier or carrier
   60  submitting a bid on a public works project or of the residence
   61  of an employee of such contractor, subcontractor, or material
   62  supplier or carrier.
   63         (b) Require that a contractor, subcontractor, or material
   64  supplier or carrier engaged in a public works such project:
   65         1. Pay employees a predetermined amount of wages or
   66  prescribe any wage rate;
   67         2. Provide employees a specified type, amount, or rate of
   68  employee benefits;
   69         3. Control, Limit, or expand staffing; or
   70         4. Recruit, train, or hire employees from a designated,
   71  restricted, or single source.
   72         (c)(b)The state or any political subdivision that
   73  contracts for a public works project may not Prohibit any
   74  contractor, subcontractor, or material supplier or carrier able
   75  to perform such work which who is qualified, licensed, or
   76  certified as required by state or local law to perform such work
   77  from receiving information about public works opportunities or
   78  from submitting a bid on the public works project. This
   79  paragraph does not apply to vendors listed under ss. 287.133 and
   80  287.134.
   81  
   82  This section does not apply to a program authorized by s.
   83  212.055(1) which is approved by a majority vote of the
   84  electorate of the county or by a charter amendment approved by a
   85  majority vote of the electorate of the county.
   86         Section 3. This act shall take effect July 1, 2021.