Fla. Stat. 255.0992
Public works projects; prohibited governmental actions


(1)

As used in this section, the term:“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.“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.

(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: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.Require that a contractor, subcontractor, or material supplier or carrier engaged in a public works project:
Pay employees a predetermined amount of wages or prescribe any wage rate;
Provide employees a specified type, amount, or rate of employee benefits;
Control, limit, or expand staffing; or
Recruit, train, or hire employees from a designated, restricted, or single source.
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.

(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:Pay employees a predetermined amount of wages or prescribe any wage rate;Provide employees a specified type, amount, or rate of employee benefits;Control, limit, or expand staffing; orRecruit, train, or hire employees from a designated, restricted, or single source.
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.

(3)

This section does not apply to the following:Contracts executed under chapter 337.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.

(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.

Source: Section 255.0992 — Public works projects; prohibited governmental actions, https://www.­flsenate.­gov/Laws/Statutes/2024/0255.­0992 (accessed Aug. 7, 2025).

255.01
Proceeds of insurance may be used to replace property destroyed
255.02
Boards authorized to replace buildings destroyed by fire
255.03
Proceeds of insurance to be paid into State Treasury
255.04
Preference to home industries in building public buildings
255.05
Bond of contractor constructing public buildings
255.20
Local bids and contracts for public construction works
255.21
Special facilities for physically disabled
255.22
Reconveyance of lands not used for purpose specified
255.25
Approval required before construction or lease of buildings
255.28
Department authority to acquire land with or for facility thereon
255.29
Construction contracts
255.30
Fixed capital outlay projects
255.31
Authority to the Department of Management Services to manage construction projects for state and local governments
255.32
State construction management contracting
255.40
Use of asbestos in new public buildings or buildings newly constructed for lease to governmental entities
255.041
Separate specifications for building contracts
255.042
Shelter in public buildings
255.043
Art in state buildings
255.45
Correction of firesafety violations in certain state-owned property
255.045
Cleanup after events held on public property
255.047
Publicly owned or operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums
255.51
Determination of rental rates
255.051
Public bids
255.52
Approval by State Board of Administration
255.052
Substitution of securities for amounts retained on public contracts
255.60
Special contracts with charitable or not-for-profit organizations
255.065
Public-private partnerships
255.70
Public permitting
255.071
Payment of subcontractors, sub-subcontractors, materialmen, and suppliers on construction contracts for public projects
255.072
Definitions
255.073
Timely payment for purchases of construction services
255.074
Procedures for calculation of payment due dates
255.075
Mandatory interest
255.076
Award of court costs and attorney’s fees
255.077
Project closeout and payment of retainage
255.078
Public construction retainage
255.099
Preference to state residents
255.101
Contracts for public construction works
255.102
Contractor utilization of minority business enterprises
255.103
Construction management or program management entities
255.211
Special symbol may be displayed
255.248
Definitions
255.249
Department of Management Services
255.251
Energy Conservation and Sustainable Buildings Act
255.252
Findings and intent
255.253
Definitions
255.254
No facility constructed or leased without life-cycle costs
255.255
Life-cycle costs
255.256
Energy performance index
255.257
Energy management
255.259
Florida-friendly landscaping on public property
255.451
Electronic firesafety and security system
255.501
Building and Facilities Act
255.502
Definitions
255.503
Powers of the Department of Management Services
255.504
Use of facilities
255.505
Creation of the pool
255.506
Facilities in pool
255.507
Determination of qualified facilities
255.508
Participation in pool
255.509
Request for advisory statement
255.511
Factors to be considered in establishing rental rates
255.513
Powers of the Division of Bond Finance and the Department of Management Services
255.514
Division of Bond Finance
255.0515
Bids for state contracts
255.515
Issuance of obligations by the division
255.516
Security for payment of obligations
255.0516
Bid protests by educational boards
255.517
Anticipation obligations
255.0517
Owner-controlled insurance programs for public construction projects
255.518
Obligations
255.0518
Public bids
255.519
Variable rate obligations
255.521
Failure of payment
255.522
State and political subdivisions not liable on obligations
255.523
Exemption from taxes
255.524
Obligations issued constitute legal investments
255.525
Inconsistent provisions of other laws superseded
255.0525
Advertising for competitive bids or proposals
255.0705
Popular name
255.0991
Contracts for construction services
255.0992
Public works projects
255.0993
Public works projects
255.2501
Lease of space financed with local government obligations
255.2502
Contracts which require annual appropriation
255.2503
Contracts for lease of buildings
255.2575
Energy-efficient and sustainable buildings
255.5576
Consideration of energy-efficient materials
255.25001
Department of Management Services not required to participate in PRIDE leasing process

Current through Fall 2025

§ 255.0992. Pub. works projects; prohibited governmental actions's source at flsenate​.gov