FL
Florida House Bill H0383

Florida 2023 Regular Session

Florida House Bill H0383 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to public construction; amending s. 2
1616 218.735, F.S.; revising provisions relating to 3
1717 payments for purchases of construction services by 4
1818 local governmental entities; amending s. 218.76, F.S.; 5
1919 revising the time periods within which certain 6
2020 proceedings must be commenced and concluded; amending 7
2121 s. 255.073, F.S.; providing dates by which the 8
2222 undisputed portion of certain payment requests must be 9
2323 paid; amending s. 255.074, F.S.; revising the date by 10
2424 which a public entity must submit certain payment 11
2525 requests to the Chief Financial Officer; amending s. 12
2626 255.077, F.S.; revising provisions relating to 13
2727 payments for purchases of construction services by 14
2828 public entities; amending s. 255.078, F.S.; revising 15
2929 applicability; amending s. 255.0992, F.S.; revising 16
3030 the definition of the term "public works project"; 17
31-prohibiting a political subdivision from requiring an 18
32-entity to dedicate funds to or make expenditures fo r 19
33-art in public places in excess of a certain amount 20
34-except in certain circumstances; providing 21
35-applicability; providing an effective date. 22
36- 23
37-Be It Enacted by the Legislature of the State of Florida: 24
38- 25
31+providing an effective date. 18
32+ 19
33+Be It Enacted by the Legislature of the State of Florida: 20
34+ 21
35+ Section 1. Subsection (7) and paragraph (c) of subsection 22
36+(8) of section 218.735, Florida Statutes, are amended to read: 23
37+ 218.735 Timely payment for purchases of construction 24
38+services.— 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- Section 1. Subsection (7) and paragraph (c) of s ubsection 26
52-(8) of section 218.735, Florida Statutes, are amended to read: 27
53- 218.735 Timely payment for purchases of construction 28
54-services.— 29
55- (7) Each contract for construction services between a 30
56-local governmental entity and a contractor must provide for t he 31
57-development of a single list of items that contains the 32
58-estimated cost to complete each item required to render 33
59-complete, satisfactory, and acceptable the construction services 34
60-purchased by the local governmental entity. 35
61- (a) The contract must specify the process for developing 36
62-the list and determining the estimated cost to complete each 37
63-item, including the responsibilities of the local governmental 38
64-entity and the contractor in developing and reviewing the list 39
65-and a reasonable time for developing the l ist: 40
66- 1. For construction projects having an estimated cost of 41
67-Less than $10 million, within 30 calendar days after reaching 42
68-substantial completion of the construction services purchased as 43
69-defined in the contract, or, if not defined in the contract, 44
70-upon reaching beneficial occupancy or use; or 45
71- 2. For construction projects having an estimated cost of 46
72-$10 million or more, within 30 calendar days, or, if extended by 47
73-contract, up to 60 calendar days after reaching substantial 48
74-completion of the construction services purchased as defined in 49
75-the contract, or, if not defined in the contract, upon reaching 50
51+ (7) Each contract for construction services between a 26
52+local governmental en tity and a contractor must provide for the 27
53+development of a single list of items required to render 28
54+complete, satisfactory, and acceptable the construction services 29
55+purchased by the local governmental entity , which must include a 30
56+dollar valuation, as reaso nably determined by the contractor as 31
57+a portion of the contract value, of the estimated cost to 32
58+complete each item. 33
59+ (a) The contract must specify the process for developing 34
60+the list, including the responsibilities of the local 35
61+governmental entity and the contractor in developing and 36
62+reviewing the list and a reasonable time for developing the 37
63+list: 38
64+ 1. For construction projects having an estimated cost of 39
65+Less than $10 million, within 30 calendar days after reaching 40
66+substantial completion of the construct ion services purchased as 41
67+defined in the contract, or, if not defined in the contract, 42
68+upon reaching beneficial occupancy or use; or 43
69+ 2. For construction projects having an estimated cost of 44
70+$10 million or more, within 30 calendar days , or, if extended by 45
71+contract, up to 60 calendar days after reaching substantial 46
72+completion of the construction services purchased as defined in 47
73+the contract, or, if not defined in the contract, upon reaching 48
74+beneficial occupancy or use. 49
75+ 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-beneficial occupancy or use. 51
89- 52
90-The contract must also specify a date for the delivery of the 53
91-list of items, not to exceed 5 days after the list of items has 54
92-been developed and reviewed in accordance with the time periods 55
93-set forth in subparagraphs 1. and 2. 56
94- (b) If the contract between the local governmental entity 57
95-and the contractor relates to the purchase of construction 58
96-services on more than one building or structure, or involves a 59
97-multiphased project, the contract must provide for the 60
98-development of a list of items required to render complete, 61
99-satisfactory, and acceptable all the construction services 62
100-purchased pursuant to the contract for each building, str ucture, 63
101-or phase of the project within the time limitations provided in 64
102-paragraph (a). 65
103- (c) The final contract completion date must be at least 30 66
104-days after the delivery of the list of items. If the list is not 67
105-provided to the contractor by the agreed up on date for delivery 68
106-of the list, the contract time for completion must be extended 69
107-by the number of days the local governmental entity exceeded the 70
108-delivery date. Damages may not be assessed against a contractor 71
109-for failing to complete a project within th e time required by 72
110-the contract, unless the contractor failed to complete the 73
111-project within the contract period as extended under this 74
112-paragraph. 75
88+The contract must also specify a date for the delivery of the 51
89+list of items, not to exceed 5 days after the list of items has 52
90+been developed and reviewed in accordance with the time periods 53
91+set forth in subparagraphs 1. and 2. 54
92+ (b) If the contract between the local governmental entity 55
93+and the contractor relates to the purchase of construction 56
94+services on more than one building or structure, or involves a 57
95+multiphased project, the contract must provide for the 58
96+development of a list of items required to render complete, 59
97+satisfactory, and accepta ble all the construction services 60
98+purchased pursuant to the contract for each building, structure, 61
99+or phase of the project within the time limitations provided in 62
100+paragraph (a). 63
101+ (c) The final contract completion date must be at least 30 64
102+days after the delivery of the list of items. If the list is not 65
103+provided to the contractor by the agreed upon date for delivery 66
104+of the list, the contract time for completion must be extended 67
105+by the number of days the local governmental entity exceeded the 68
106+delivery date. Damages may not be assessed against a contractor 69
107+for failing to complete a project within the time required by 70
108+the contract, unless the contractor failed to complete the 71
109+project within the contract period as extended under this 72
110+paragraph. 73
111+ (d) The failure to include any corrective work or pending 74
112+items not yet completed on the list does not alter the 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (d) The failure to include any corrective work or pending 76
126-items not yet completed on the list does not alte r the 77
127-responsibility of the contractor to complete all the 78
128-construction services purchased pursuant to the contract. 79
129- (e) Within 20 business days after the list is developed, 80
130-the local governmental entity shall pay the contractor the 81
131-remaining balance of the contract, including any remaining 82
132-retainage withheld by the local governmental entity, less an 83
133-amount equal to 150 percent of the estimated cost to complete 84
134-the items on the list. 85
135- (f)(e) Upon completion of all items on the list, the 86
136-contractor may submit a payment request for the amount all 87
137-remaining retainage withheld by the local governmental entity 88
138-pursuant to paragraph (e) this section. If a good faith dispute 89
139-exists as to whether one or more items identified on the list 90
140-have been completed pursua nt to the contract, the local 91
141-governmental entity may continue to withhold up to 150 percent 92
142-of the total costs to complete such items. 93
143- (g)(f) All items that require correction under the 94
144-contract and that are identified after the preparation and 95
145-delivery of the list remain the obligation of the contractor as 96
146-defined by the contract. 97
147- (h)(g) Warranty items or items not included in the list of 98
148-items required under paragraph (a) may not affect the final 99
149-payment of retainage as provided in this section or as provided 100
125+responsibility of the contractor to complete all the 76
126+construction services purchased pursuant to the contract. 77
127+ (e) Within 20 days after developing the list, the local 78
128+governmental entity shall pay the contractor the remaining 79
129+balance of the contract, including any remaining retainage 80
130+withheld by the local governmental entity, less an amount that 81
131+equals the estimated cost to complete the items on the list. 82
132+ (f)(e) Upon completion of all items on the list, the 83
133+contractor may submit a payment request for the amount all 84
134+remaining retainage withheld by the local governmental entity 85
135+pursuant to paragraph (e) this section. If a good faith dispute 86
136+exists as to whether one or more items identified on the list 87
137+have been completed pursuant to the contract, the local 88
138+governmental entity may continue to withhold up to 150 percent 89
139+of the total costs to complete such items. 90
140+ (g)(f) All items that require correction under the 91
141+contract and that are identified after the preparation and 92
142+delivery of the list remain the obligation of the contractor as 93
143+defined by the contract. 94
144+ (h)(g) Warranty items or items not included in the list of 95
145+items required under paragraph (a) may not aff ect the final 96
146+payment of retainage as provided in this section or as provided 97
147+in the contract between the contractor and its subcontractors 98
148+and suppliers. 99
149+ (i)(h) Retainage may not be held by a local governmental 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-in the contract between the contractor and its subcontractors 101
163-and suppliers. 102
164- (i)(h) Retainage may not be held by a local government al 103
165-entity or a contractor to secure payment of insurance premiums 104
166-under a consolidated insurance program or series of insurance 105
167-policies issued to a local governmental entity or a contractor 106
168-for a project or group of projects, and the final payment of 107
169-retainage as provided in this section may not be delayed pending 108
170-a final audit by the local governmental entity's or contractor's 109
171-insurance provider. 110
172- (j)(i) If a local governmental entity fails to comply with 111
173-its responsibilities to develop the list required under 112
174-paragraph (a) or paragraph (b) within the time limitations 113
175-provided in paragraph (a), the contractor may submit a payment 114
176-request to the local governmental entity for the remaining 115
177-balance of the contract, including all remaining retainage 116
178-withheld by the local governmental entity . The local 117
179-governmental entity shall pay the contractor pursuant to this 118
180-section; and payment of any remaining undisputed contract 119
181-amount, less any amount withheld pursuant to the contract for 120
182-incomplete or uncorrected work , must be paid within 20 business 121
183-days after receipt of a proper invoice or payment request. If 122
184-the local governmental entity has provided written notice to the 123
185-contractor specifying the failure of the contractor to meet 124
186-contract requirements in the develo pment of the list of items to 125
162+entity or a contractor to secure payment o f insurance premiums 101
163+under a consolidated insurance program or series of insurance 102
164+policies issued to a local governmental entity or a contractor 103
165+for a project or group of projects, and the final payment of 104
166+retainage as provided in this section may not be delayed pending 105
167+a final audit by the local governmental entity's or contractor's 106
168+insurance provider. 107
169+ (j)(i) If a local governmental entity fails to comply with 108
170+its responsibilities to develop the list required under 109
171+paragraph (a) or paragraph (b) within the time limitations 110
172+provided in paragraph (a), the contractor may submit a payment 111
173+request to the local governmental entity for the remaining 112
174+balance of the contract, including all remaining retainage 113
175+withheld by the local governmental entity . The local 114
176+governmental entity must pay the contractor pursuant to this 115
177+section; and payment of any remaining undisputed contract 116
178+amount, less any amount withheld pursuant to the contract for 117
179+incomplete or uncorrected work, must be paid within 20 business 118
180+days after receipt of a proper invoice or payment request. If 119
181+the local governmental entity has provided written notice to the 120
182+contractor specifying the failure of the contractor to meet 121
183+contract requirements in the development of the list of items to 122
184+be completed, the local governmental entity shall pay the 123
185+contractor the remaining balance of the contract, less an amount 124
186+equal to 150 percent of the estimated cost to complete the items 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-be completed, the local governmental entity shall pay the 126
200-contractor the remaining balance of the contract, less an amount 127
201-equal to 150 percent of the estimated cost to complete the items 128
202-that the local governmental entity int ended to include on the 129
203-list need not pay or process any payment request for retainage 130
204-if the contractor has, in whole or in part, failed to cooperate 131
205-with the local governmental entity in the development of the 132
206-list or to perform its contractual responsib ilities, if any, 133
207-with regard to the development of the list or if paragraph 134
208-(8)(c) applies. 135
209- (8) 136
210- (c) This section does not require the local governmental 137
211-entity to pay or release any amounts that are the subject of a 138
212-good faith dispute made in writing pursuant to the contract or , 139
213-the subject of a claim brought pursuant to s. 255.05 , or 140
214-otherwise the subject of a claim or demand by the local 141
215-governmental entity or contractor . 142
216- Section 2. Paragraph (a) of subsection (2) of section 143
217-218.76, Florida Statute s, is amended to read: 144
218- 218.76 Improper payment request or invoice; resolution of 145
219-disputes.— 146
220- (2)(a) If a dispute arises between a vendor and a local 147
221-governmental entity concerning payment of a payment request or 148
222-invoice, the dispute shall be finally det ermined by the local 149
223-governmental entity pursuant to a dispute resolution procedure 150
199+that the local governmental entity intended to include on the 126
200+list need not pay or process any payment request for retainage 127
201+if the contractor has, in whole or in part, failed to cooperate 128
202+with the local governmental entity in the development of the 129
203+list or to perform its contractual responsibilities, if any, 130
204+with regard to the developmen t of the list or if paragraph 131
205+(8)(c) applies. 132
206+ (8) 133
207+ (c) This section does not require the local governmental 134
208+entity to pay or release any amounts that are the subject of a 135
209+good faith dispute made in writing pursuant to the contract or , 136
210+the subject of a claim brought pursuant to s. 255.05 , or 137
211+otherwise the subject of a claim or demand by the local 138
212+governmental entity or contractor . 139
213+ Section 2. Paragraph (a) of subsection (2) of section 140
214+218.76, Florida Statutes, is amended to read: 141
215+ 218.76 Improper payme nt request or invoice; resolution of 142
216+disputes.— 143
217+ (2)(a) If a dispute arises between a vendor and a local 144
218+governmental entity concerning payment of a payment request or 145
219+invoice, the dispute shall be finally determined by the local 146
220+governmental entity pursu ant to a dispute resolution procedure 147
221+established by the local governmental entity. Such procedure 148
222+must provide that proceedings to resolve the dispute are 149
223+commenced within 30 45 days after the date the payment request 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-established by the local governmental entity. Such procedure 151
237-must provide that proceedings to resolve the dispute are 152
238-commenced within 30 45 days after the date the payment request 153
239-or proper invoice was received by the local governmental entity 154
240-and concluded by final decision of the local governmental entity 155
241-within 45 60 days after the date the payment request or proper 156
242-invoice was received by the local governmental entity. Such 157
243-procedures are not subject to chapter 120 and do not constitute 158
244-an administrative proceeding that prohibits a court from 159
245-deciding de novo any action arising out of the dispute. If the 160
246-dispute is resolved in favor of the local governmental entity, 161
247-interest charges begin to accrue 15 days after the local 162
248-governmental entity's final decision. If the dispute is resolved 163
249-in favor of the vendor, interest begins to accrue as of the 164
250-original date the payment became due. 165
251- Section 3. Subsection (2) of section 255.073, Florida 166
252-Statutes, is amended to read: 167
253- 255.073 Timely payment for purchases of construction 168
254-services.— 169
255- (2) If a public entity disputes a portion of a payment 170
256-request, the undisputed portion must be timely paid by the date 171
257-required under the co ntract or by 20 business days after receipt 172
258-of the request, whichever is earlier . 173
259- Section 4. Subsection (3) of section 255.074, Florida 174
260-Statutes, is amended to read: 175
236+or proper invoice was received by the local governmental entity 151
237+and concluded by final decision of the local governmental entity 152
238+within 45 60 days after the date the payment request or proper 153
239+invoice was received by the local governmental entity. Such 154
240+procedures are not subject to chapter 120 and do not constitute 155
241+an administrative proceeding that prohibits a court from 156
242+deciding de novo any action arising out of the dispute. If the 157
243+dispute is resolved in favor of the local governmental entity, 158
244+interest charges begin to accrue 15 days after the local 159
245+governmental entity's final decision. If the dispute is resolved 160
246+in favor of the vendor, interest begins to accrue as of the 161
247+original date the payment became due. 162
248+ Section 3. Subsection (2) of section 255.073, Florida 163
249+Statutes, is amended to read : 164
250+ 255.073 Timely payment for purchases of construction 165
251+services.— 166
252+ (2) If a public entity disputes a portion of a payment 167
253+request, the undisputed portion must be timely paid by the date 168
254+required under the contract or by 20 days after receipt of the 169
255+request, whichever is earlier . 170
256+ Section 4. Subsection (3) of section 255.074, Florida 171
257+Statutes, is amended to read: 172
258+ 255.074 Procedures for calculation of payment due dates. — 173
259+ (3) A public entity must submit a payment request to the 174
260+Chief Financial Office r for payment no more than 14 20 days 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273- 255.074 Procedures for calculation of payment due dates. — 176
274- (3) A public entity must submit a payment request to the 177
275-Chief Financial Officer for payment no more than 14 20 days 178
276-after receipt of the payment request. 179
277- Section 5. Subsections (4) through (8) of section 255.077, 180
278-Florida Statutes, are renumbered as subsections (5) through (9 ), 181
279-respectively, subsection (1) and present subsections (4) and (8) 182
280-are amended, and a new subsection (4) is added to that section, 183
281-to read: 184
282- 255.077 Project closeout and payment of retainage. — 185
283- (1) Each contract for construction services between a 186
284-public entity and a contractor must provide for the development 187
285-of a single list of items that contains the estimated cost to 188
286-complete each item required to render complete, satisfactory, 189
287-and acceptable the construction services purchased by the public 190
288-entity. The contract must specify the process for developing the 191
289-development of the list and determining the estimated cost to 192
290-complete each item, including responsibilities of the public 193
291-entity and the contractor in developing and reviewing the list 194
292-and a reasonable time for developing the list, as follows: 195
293- (a) For construction projects having an estimated cost of 196
294-less than $10 million, within 30 calendar days after reaching 197
295-substantial completion of the construction services purchased as 198
296-defined in the contract, or, if not defined in the contract, 199
297-upon reaching beneficial occupancy or use; or 200
273+after receipt of the payment request. 176
274+ Section 5. Subsections (4) through (8) of section 255.077, 177
275+Florida Statutes, are renumbered as subsections (5) through (9), 178
276+respectively, subsection (1) and present subsections (4) and (8) 179
277+are amended, and a new subsection (4) is added to that section, 180
278+to read: 181
279+ 255.077 Project closeout and payment of retainage. — 182
280+ (1) Each contract for construction services between a 183
281+public entity and a contractor must provide for the developm ent 184
282+of a list of items required to render complete, satisfactory, 185
283+and acceptable the construction services purchased by the public 186
284+entity, which must include a dollar valuation, as reasonably 187
285+determined by the contractor as a portion of the contract value, 188
286+of the estimated cost to complete each item . The contract must 189
287+specify the process for the development of the list, including 190
288+responsibilities of the public entity and the contractor in 191
289+developing and reviewing the list and a reasonable time for 192
290+developing the list, as follows: 193
291+ (a) For construction projects having an estimated cost of 194
292+less than $10 million, within 30 calendar days after reaching 195
293+substantial completion of the construction services purchased as 196
294+defined in the contract, or, if not defined i n the contract, 197
295+upon reaching beneficial occupancy or use; or 198
296+ (b) For construction projects having an estimated cost of 199
297+$10 million or more, within 30 calendar days, unless otherwise 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310- (b) For construction projects having an estimated cost of 201
311-$10 million or more, within 30 calendar days, unless otherwise 202
312-extended by contract not to exceed 60 cale ndar days, after 203
313-reaching substantial completion of the construction services 204
314-purchased as defined in the contract, or, if not defined in the 205
315-contract, upon reaching beneficial occupancy or use. 206
316- (4) Within 20 business days after the list is developed, 207
317-and after receipt of a proper invoice or payment request, the 208
318-public entity shall pay the contractor the remaining balance of 209
319-the contract, including any remaining retainage withheld by the 210
320-public entity pursuant to s. 255.078, less an amount equal to 211
321-150 percent of the estimated cost to complete the items on the 212
322-list. 213
323- (5)(4) Upon completion of all items on the list, the 214
324-contractor may submit a payment request for the amount all 215
325-remaining retainage withheld by the public entity pursuant to 216
326-subsection (4) s. 255.078. If a good faith dispute exists as to 217
327-whether one or more items identified on the list have been 218
328-completed pursuant to the contract, the public entity may 219
329-continue to withhold an amount not to exceed 150 percent of the 220
330-total costs to complete such items. 221
331- (9)(8) If a public entity fails to comply with its 222
332-responsibilities to develop the list required under subsection 223
333-(1) or subsection (2), as defined in the contract, within the 224
334-time limitations provided in subsection (1), the contractor may 225
310+extended by contract not to exceed 60 calendar days, after 201
311+reaching substantial completion of the construction services 202
312+purchased as defined in the contract, or, if not defined in the 203
313+contract, upon reaching beneficial occupancy or use. 204
314+ (4) Within 20 days after developing the list, the public 205
315+entity shall pay the contractor the remaining balance of the 206
316+contract, including any remaining retainage withheld by the 207
317+public entity pursuant to s. 255.078, less an amount that equals 208
318+the estimated costs to complete the items on the list. 209
319+ (5)(4) Upon completion of all items on the l ist, the 210
320+contractor may submit a payment request for the amount all 211
321+remaining retainage withheld by the public entity pursuant to 212
322+subsection (4) s. 255.078. If a good faith dispute exists as to 213
323+whether one or more items identified on the list have been 214
324+completed pursuant to the contract, the public entity may 215
325+continue to withhold an amount not to exceed 150 percent of the 216
326+total costs to complete such items. 217
327+ (9)(8) If a public entity fails to comply with its 218
328+responsibilities to develop the list required under subsection 219
329+(1) or subsection (2), as defined in the contract, within the 220
330+time limitations provided in subsection (1), the contractor may 221
331+submit to the public entity a payment request for all remaining 222
332+retainage withheld by the public entity pursuant to s. 255.078. 223
333+The public entity shall pay the contractor within 20 days after 224
334+receiving the payment request. However, the public entity need 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347-submit to the public entity a payment request for all remaining 226
348-retainage withheld by the public entity pursuant to s. 255.078. 227
349-The public entity shall pay the contractor within 20 business 228
350-days after receiving the payment request. However, the public 229
351-entity need not pay or process any payment request for retainage 230
352-if the contractor has , in whole or in part, failed to cooperate 231
353-with the public entity in the development of the list or failed 232
354-to perform its contractual responsibilities, if any, with regard 233
355-to the development of the list or if s. 255.078(3) applies. 234
356- Section 6. Subsection (3) of section 255.078, Florida 235
357-Statutes, is amended to read: 236
358- 255.078 Public construction retainage. — 237
359- (3) This section and s. 255.077 do not require the public 238
360-entity to pay or release any amounts that are the subject of a 239
361-good faith dispute made in writing pursuant to the contract or , 240
362-the subject of a claim brought pursuant to s. 255.05 , or 241
363-otherwise the subject of a claim or demand by the public entity 242
364-or contractor. 243
365- Section 7. Subsection (3) of section 255.0992, Florida 244
366-Statutes, is renumbered as subsection (4), paragraph (b) of 245
367-subsection (1) and present subsection (3) are amended, and a new 246
368-subsection (3) is added to that section, to read: 247
369- 255.0992 Public works proje cts; prohibited governmental 248
370-actions.— 249
371- (1) As used in this section, the term: 250
347+not pay or process any payment request for retainage if the 226
348+contractor has, in whole or in part, failed to cooperate with 227
349+the public entity in the development of the list or failed to 228
350+perform its contractual responsibilities, if any, with regard to 229
351+the development of the list or if s. 255.078(3) applies. 230
352+ Section 6. Subsection (3) of section 255.078, Florida 231
353+Statutes, is amended to read: 232
354+ 255.078 Public construction retainage. — 233
355+ (3) This section and s. 255.077 do not require the public 234
356+entity to pay or release any amounts that are the subject of a 235
357+good faith dispute or, the subject of a claim brought pursuant 236
358+to s. 255.05, or otherwise the subject of a claim or demand by 237
359+the public entity or contractor . 238
360+ Section 7. Paragraph (b) of subsection (1) of section 239
361+255.0992, Florida Statutes, is amended to read: 240
362+ 255.0992 Public works projects; prohibited governmental 241
363+actions.— 242
364+ (1) As used in this section, the term: 243
365+ (b) "Public works project" means an activity exceeding $1 244
366+million in value that is paid for with any local or state-245
367+appropriated funds and which consists of the construction, 246
368+maintenance, repair, renovation, remodeling, or improvement of a 247
369+building, road, street, sewer, storm drain, water system, site 248
370+development, irrigation system, reclamation project, gas or 249
371+electrical distribution system, gas or electrical substation, or 250
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373-CS/CS/HB 383 2023
373+CS/HB 383 2023
374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384- (b) "Public works project" means an activity exceeding $1 251
385-million in value that is paid for with any state -appropriated 252
386-funds and which consists of the construction, maintenance, 253
387-repair, renovation, remodeling, or improvement of a building, 254
388-road, street, sewer, storm drain, water system, site 255
389-development, irrigation system, recl amation project, gas or 256
390-electrical distribution system, gas or electrical substation, or 257
391-other facility, project, or portion thereof that is owned in 258
392-whole or in part by any political subdivision. 259
393- (3) A political subdivision may not require any entity to 260
394-dedicate funds to or make expenditures for art in public places 261
395-in an amount that exceeds the amount required for the 262
396-acquisition of works of art under s. 255.043 except for the 263
397-original construction of a government building that provides 264
398-public access. 265
399- (4)(3) This section does not apply to the following: 266
400- (a) Contracts executed under chapter 337. 267
401- (b) A use authorized by s. 212.055(1) which is approved by 268
402-a majority vote of the electorate of the county or by a charter 269
403-amendment approved by a majority vote of the electorate of the 270
404-county. 271
405- (c) An independent special district as defined in s. 272
406-189.012. 273
407- Section 8. This act shall take effect July 1, 2023. 274
384+other facility, project, or portion thereof that is owned in 251
385+whole or in part by any political subdivision. 252
386+ Section 8. This act shall take effect July 1, 2023. 253