255.0992 Public works projects; prohibited governmental actions.
556 words·~3 min read·
/fl/title-xviii/chapter-255/255-0992A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section, the term:
(a)“Political subdivision” means a separate agency or unit of local government created or established by law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other municipality; or a department, commission, authority, school district, taxing district, water management district, board, public corporation, institution of higher education, or other public agency or body thereof authorized to expend public funds for construction, maintenance, repair, or improvement of public works.
(b)“Public works project” means an activity that is paid for with any local or state-appropriated funds and that consists of the construction, maintenance, repair, renovation, remodeling, or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion thereof owned in whole or in part by any political subdivision. The term does not include the provision of goods, services, or work incidental to the public works project, such as the provision of security services, janitorial services, landscaping services, maintenance services, transportation services, or other services that do not require a construction contracting license or involve supplying or carrying construction materials for a public works project.
(2)Except as required by federal or state law, the state or any political subdivision that contracts for a public works project may not take the following actions:
(a)Prevent a certified, licensed, or registered contractor, subcontractor, or material supplier or carrier, from participating in the bidding process based on the geographic location of the company headquarters or offices of the contractor, subcontractor, or material supplier or carrier submitting a bid on a public works project or the residences of employees of such contractor, subcontractor, or material supplier or carrier. This paragraph does not apply to a county or municipality that contracts for a public works project for which the county or municipality is the sole source of funding.
(b)Require that a contractor, subcontractor, or material supplier or carrier engaged in a public works project:
1. Pay employees a predetermined amount of wages or prescribe any wage rate;
2. Provide employees a specified type, amount, or rate of employee benefits;
3. Control, limit, or expand staffing; or
4. Recruit, train, or hire employees from a designated, restricted, or single source.
(c)Prohibit any contractor, subcontractor, or material supplier or carrier able to perform such work that is qualified, licensed, or certified as required by state or local law to perform such work from receiving information about public works opportunities or from submitting a bid on the public works project. This paragraph does not apply to vendors listed under ss. 287.133 and 287.134 .
(d)When scoring or evaluating bids for a public works project, penalize a bidder for performing a larger volume of construction work for the state or political subdivision or reward a bidder for performing a smaller volume of construction work for the state or political subdivision.
(3)This section does not apply to the following:
(a)Contracts executed under chapter 337.
(b)A use authorized by s. 212.055
(1)which is approved by a majority vote of the electorate of the county or by a charter amendment approved by a majority vote of the electorate of the county.