Florida Senate - 2024                              CS for SB 742
       
       
        
       By the Committee on Community Affairs; and Senator Grall
       
       
       
       
       
       578-02373-24                                           2024742c1
    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”; revising applicability of a
    5         provision that prohibits the state or a political
    6         subdivision that contracts for a public works project
    7         from taking certain actions under specified
    8         circumstances; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (b) of subsection (1) and paragraph
   13  (a) of subsection (2) of section 255.0992, Florida Statutes, are
   14  amended to read:
   15         255.0992 Public works projects; prohibited governmental
   16  actions.—
   17         (1) As used in this section, the term:
   18         (b) “Public works project” means an activity that is paid
   19  for with any local or state-appropriated funds and that consists
   20  of the construction, maintenance, repair, renovation,
   21  remodeling, or improvement of a building, road, street, sewer,
   22  storm drain, water system, site development, irrigation system,
   23  reclamation project, gas or electrical distribution system, gas
   24  or electrical substation, or other facility, project, or portion
   25  thereof owned in whole or in part by any political subdivision.
   26  The term does not include the provision of goods, services, or
   27  work incidental to the public works project, such as the
   28  provision of security services, janitorial services, landscaping
   29  services, maintenance services, transportation services, or
   30  other services that do not require a construction contracting
   31  license or involve supplying or carrying construction materials
   32  for a public works project.
   33         (2) Except as required by federal or state law, the state
   34  or any political subdivision that contracts for a public works
   35  project may not take the following actions:
   36         (a) Prevent a certified, licensed, or registered
   37  contractor, subcontractor, or material supplier or carrier, from
   38  participating in the bidding process based on the geographic
   39  location of the company headquarters or offices of the
   40  contractor, subcontractor, or material supplier or carrier
   41  submitting a bid on a public works project or the residences of
   42  employees of such contractor, subcontractor, or material
   43  supplier or carrier. This paragraph does not apply to a county
   44  or municipality that contracts for a public works project for
   45  which the county or municipality is the sole source of funding.
   46         Section 2. This act shall take effect July 1, 2024.