Florida Senate - 2024                                     SB 594
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00509-24                                            2024594__
    1                        A bill to be entitled                      
    2         An act relating to public works projects; amending s.
    3         255.0992, F.S.; revising the definition of the term
    4         “public works project”; deleting a prohibited activity
    5         of the state or a political subdivision that contracts
    6         for a public works project; authorizing political
    7         subdivisions that are the sole source of funding for a
    8         public works project to prevent certain contractors
    9         and subcontractors and material suppliers or carriers
   10         from participating in the bidding process for that
   11         project based on the geographic location of the
   12         company headquarters or offices or the residences of
   13         their employees; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (b) of subsection (1) and subsections
   18  (2) and (3) of section 255.0992, Florida Statutes, are amended
   19  to read:
   20         255.0992 Public works projects; prohibited governmental
   21  actions.—
   22         (1) As used in this section, the term:
   23         (b) “Public works project” means an activity that is paid
   24  for with any local or state-appropriated funds and that consists
   25  of the construction, maintenance, repair, renovation,
   26  remodeling, or improvement of a building, road, street, sewer,
   27  storm drain, water system, site development, irrigation system,
   28  reclamation project, gas or electrical distribution system, gas
   29  or electrical substation, or other facility, project, or portion
   30  thereof owned in whole or in part by any political subdivision.
   31         (2) Except as required by federal or state law, the state
   32  or any political subdivision that contracts for a public works
   33  project may not take the following actions:
   34         (a) Prevent a certified, licensed, or registered
   35  contractor, subcontractor, or material supplier or carrier, from
   36  participating in the bidding process based on the geographic
   37  location of the company headquarters or offices of the
   38  contractor, subcontractor, or material supplier or carrier
   39  submitting a bid on a public works project or the residences of
   40  employees of such contractor, subcontractor, or material
   41  supplier or carrier.
   42         (b) Require that a contractor, subcontractor, or material
   43  supplier or carrier engaged in a public works project:
   44         1. Pay employees a predetermined amount of wages or
   45  prescribe any wage rate;
   46         2. Provide employees a specified type, amount, or rate of
   47  employee benefits;
   48         3. Control, limit, or expand staffing; or
   49         4. Recruit, train, or hire employees from a designated,
   50  restricted, or single source.
   51         (b)(c) Prohibit any contractor, subcontractor, or material
   52  supplier or carrier able to perform such work that is qualified,
   53  licensed, or certified as required by state or local law to
   54  perform such work from receiving information about public works
   55  opportunities or from submitting a bid on the public works
   56  project. This paragraph does not apply to vendors listed under
   57  ss. 287.133 and 287.134.
   58         (3) If the political subdivision is the sole source of
   59  funding for a public works project, the political subdivision
   60  may prevent a certified, licensed, or registered contractor,
   61  subcontractor, or material supplier or carrier from
   62  participating in the bidding process for that project based on
   63  the geographic location of the company headquarters or offices
   64  of the contractor, subcontractor, or material supplier or
   65  carrier or the residences of the employees of such contractor,
   66  subcontractor, or material supplier or carrier.
   67         (4) This section does not apply to the following:
   68         (a) Contracts executed under chapter 337.
   69         (b) A use authorized by s. 212.055(1) which is approved by
   70  a majority vote of the electorate of the county or by a charter
   71  amendment approved by a majority vote of the electorate of the
   72  county.
   73         Section 2. This act shall take effect July 1, 2024.