Florida 2023 Regular Session

Florida House Bill H0611 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 611 2023
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0611-00
9	9	Page 1 of 4
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to bonds of contractors constructing 2
16	16	public buildings; amending s. 255.05, F.S.; exempting 3
17	17	certain contractors from executing payment and 4
18	18	performance bonds when certain criteria are met; 5
19	19	providing an effective date. 6
20	20	7
21	21	Be It Enacted by the Legislature of the State of Florida: 8
22	22	9
23	23	Section 1. Paragraph (d) of subsection (1) of section 10
24	24	255.05, Florida Statutes, is amended to read: 11
25	25	255.05 Bond of contractor constructing public buildings; 12
26	26	form; action by claimants. — 13
27	27	(1) A person entering into a formal contract with the 14
28	28	state or any county, city, or political subdivision thereof, or 15
29	29	other public authority or private entity, for the construct ion 16
30	30	of a public building, for the prosecution and completion of a 17
31	31	public work, or for repairs upon a public building or public 18
32	32	work shall be required, before commencing the work or before 19
33	33	recommencing the work after a default or abandonment, to execute 20
34	34	and record in the public records of the county where the 21
35	35	improvement is located, a payment and performance bond with a 22
36	36	surety insurer authorized to do business in this state as 23
37	37	surety. A public entity may not require a contractor to secure a 24
38	38	surety bond under this section from a specific agent or bonding 25
39	39
40	40	HB 611 2023
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0611-00
46	46	Page 2 of 4
47	47	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
48	48
49	49
50	50
51	51	company. 26
52	52	(d)1. When the work is done for the state and the contract 27
53	53	is for $100,000 or less, no payment and performance bond shall 28
54	54	be required. 29
55	55	2. When the work is done for the state, the Secretary of 30
56	56	Management Services may delegate to state agencies the authority 31
57	57	to exempt any person entering into such a contract amounting to 32
58	58	more than $100,000 but less than $200,000 from executing the 33
59	59	payment and performance bond. If an exemption is granted, the 34
60	60	officer or official is not personally liable to persons 35
61	61	suffering loss because of granting such exemption. The 36
62	62	Department of Management Services shall maintain information on 37
63	63	the number of requests by state agencies for delegation of 38
64	64	authority to waive the bond r equirements by agency and project 39
65	65	number and whether any request for delegation was denied and the 40
66	66	justification for the denial. 41
67	67	3.a. When the work is done for any county, city, or 42
68	68	political subdivision thereof, or other public authority or 43
69	69	private entity, and the contract is for $200,000 or less, at the 44
70	70	discretion of the official or board awarding such contract when 45
71	71	such work is done for any county, city, political subdivision, 46
72	72	or public authority, a person entering into such a contract that 47
73	73	is for $200,000 or less may be exempted from executing the 48
74	74	payment and performance bond. 49
75	75	b. Notwithstanding sub -subparagraph a., a person entering 50
76	76
77	77	HB 611 2023
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0611-00
83	83	Page 3 of 4
84	84	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
85	85
86	86
87	87
88	88	into a contract of any amount may be exempted from executing the 51
89	89	payment and performance bond at the discretion of the official 52
90	90	or board awarding such contract if the following criteria are 53
91	91	met: 54
92	92	(I) The person provides documentation from the Department 55
93	93	of Business and Professional Regulation that he or she has 56
94	94	maintained a minimum of 10 consecutive years of active busin ess 57
95	95	operations within this state. 58
96	96	(II) The person has a minimum of 10 years of business 59
97	97	experience in his or her industry. 60
98	98	(III) The person employs a sufficient number of staff who 61
99	99	have the skill and knowledge to perform the work. 62
100	100	(IV) The person is licensed and properly insured. 63
101	101	(V) The person is an owner of a small, local business 64
102	102	entity as certified by any county, city, or political 65
103	103	subdivision thereof, or other public authority or private 66
104	104	entity. 67
105	105	c. When such work is done for the state, the S ecretary of 68
106	106	Management Services may delegate to state agencies the authority 69
107	107	to exempt any person entering into such a contract amounting to 70
108	108	more than $100,000 but less than $200,000 from executing the 71
109	109	payment and performance bond. If an exemption is grant ed under 72
110	110	this subparagraph, the officer or official is not personally 73
111	111	liable to persons suffering loss because of granting such 74
112	112	exemption. The Department of Management Services shall maintain 75
113	113
114	114	HB 611 2023
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0611-00
120	120	Page 4 of 4
121	121	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
122	122
123	123
124	124
125	125	information on the number of requests by state agencies for 76
126	126	delegation of authority to waive the bond requirements by agency 77
127	127	and project number and whether any request for delegation was 78
128	128	denied and the justification for the denial. 79
129	129	Section 2. This act shall take effect July 1, 2023. 80