Florida 2020 Regular Session Status: Passed House 1 R cosponsors

HB 101 — Public Construction

Last action — Ordered enrolled

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Public Construction; Revises amounts of retainage that local governmental entities & contractors may withhold from progress payments for construction services contract; revises requirements for DMS rules governing certain contracts; revises amounts of retainage that public entities & contractors may withhold from progress payments for construction services contract.

Bill Text

What changed in the latest version

23 added · 34 removed

23 line(s) added, 34 removed.

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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 ENROLLED CS/HB 101 2020 Legislature 2 An act relating to public construction;
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 CS/HB 101 2020 A bill to be entitled An act relating to public construction;
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature development of a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity.
hb0101-01-c1 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 CS/HB 101 2020 development of a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature 5 10 percent of the payment as retainage until 50-percent completion of such services.
hb0101-01-c1 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 CS/HB 101 2020 5 10 percent of the payment as retainage until 50-percent completion of such services.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature based on the contractor's assessment of the subcontractor's past performance, the likelihood that such performance will continue, and the contractor's ability to rely on other safeguards.
hb0101-01-c1 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 CS/HB 101 2020 based on the contractor's assessment of the subcontractor's past performance, the likelihood that such performance will continue, and the contractor's ability to rely on other safeguards.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature contract, or from releasing at any point all or a portion of any retainage withheld by the local governmental entity which is attributable to the labor, services, or materials supplied by the contractor or by one or more subcontractors or suppliers.
hb0101-01-c1 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 CS/HB 101 2020 contract, or from releasing at any point all or a portion of any retainage withheld by the local governmental entity which is attributable to the labor, services, or materials supplied by the contractor or by one or more subcontractors or suppliers.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature cost of the construction services purchased as identified in the contract is $200,000 or less.
hb0101-01-c1 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 CS/HB 101 2020 cost of the construction services purchased as identified in the contract is $200,000 or less.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature basis to laborers, materialmen, and subcontractors, as defined in s.
hb0101-01-c1 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 CS/HB 101 2020 basis to laborers, materialmen, and subcontractors, as defined in s.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature the development of the list or if s.
hb0101-01-c1 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 CS/HB 101 2020 the development of the list or if s.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature at a rate higher than 5 percent.
hb0101-01-c1 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 CS/HB 101 2020 at a rate higher than 5 percent.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature incrementally reducing the rate of retainage pursuant to a schedule provided for in the contract, or from releasing at any point all or a portion of any retainage withheld by the public entity which is attributable to the labor, services, or materials supplied by the contractor or by one or more subcontractors or suppliers.
hb0101-01-c1 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 CS/HB 101 2020 incrementally reducing the rate of retainage pursuant to a schedule provided for in the contract, or from releasing at any point all or a portion of any retainage withheld by the public entity which is attributable to the labor, services, or materials supplied by the contractor or by one or more subcontractors or suppliers.
hb0101-02-er 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 ENROLLED CS/HB 101 2020 Legislature (6)(9) This section does not apply to any construction services purchased by a public entity if the total cost of the construction services purchased as identified in the contract is $200,000 or less.
hb0101-01-c1 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 CS/HB 101 2020 (6)(9) This section does not apply to any construction services purchased by a public entity if the total cost of the construction services purchased as identified in the contract is $200,000 or less.
hb0101-02-er
hb0101-01-c1
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Action History

  1. Ordered enrolled

  2. CS passed; YEAS 40 NAYS 0

  3. Read 3rd time

  4. Placed on 3rd reading

  5. Read 2nd time

  6. Substituted for CS/SB 246

  7. Placed on Calendar, on 2nd reading

  8. Withdrawn from Governmental Oversight and Accountability; Community Affairs; Appropriations

  9. Received

  10. Referred to Governmental Oversight and Accountability; Community Affairs; Appropriations

  11. In Messages

  12. CS passed; YEAS 118 NAYS 1

  13. Read 3rd time

  14. Read 2nd time

  15. CS by Commerce Committee read 1st time

  16. Placed on Special Order Calendar, 01/22/20

  17. Placed on Calendar

  18. Pending review of CS -under Rule 7.18(c)

  19. CS by- Commerce Committee; YEAS 22 NAYS 0

  20. Introduced

  21. On Committee agenda-- Commerce Committee, 01/16/20, 2:30 pm, Webster Hall

  22. Now in Commerce Committee

  23. Favorable by Oversight, Transparency and Public Management Subcommittee; YEAS 12 NAYS 0

  24. On Committee agenda-- Oversight, Transparency and Public Management Subcommittee, 12/12/19, 9:30 am, Morris Hall

  25. Now in Oversight, Transparency and Public Management Subcommittee

  26. Favorable by Business and Professions Subcommittee; YEAS 12 NAYS 0

  27. On Committee agenda-- Business and Professions Subcommittee, 11/06/19, 1:00 pm, Webster Hall

  28. Referred to Business and Professions Subcommittee; Oversight, Transparency and Public Management Subcommittee; Commerce Committee

  29. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 9000
Unaffiliated 28000
Democrat 2000
No Party Affiliation 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Flores — Yea
Rader — Yea
Baxley — Yea
Gainer — Yea
Bean — Yea
Gibson — Yea
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Book — Yea
Stargel — Yea
Bracy — Yea
Hutson — Yea
Stewart — Yea
Lee — Yea
Taddeo — Yea
Brandes — Yea
Thurston — Yea
Braynon — Yea
Montford — Yea
Torres — Yea
Broxson — Yea
Cruz — Yea
Perry — Yea
Galvano — Yea
Diaz — Yea
Farmer — Yea
Powell — Yea
Berman, Lori Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 118 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 79101
Republican 27000
Democrat 12000
Total 118101
% of votes cast 98%1%0%1%
How each member voted (120)
Member Party Vote
Alexander — Yea
Goff-Marcil — Yea
Aloupis — Yea
Good — Yea
Polo — Yea
Altman — Yea
Ponder — Yea
Grant, J. — Yea
Pritchett — Yea
Ausley — Yea
Grant, M. — Yea
Raschein — Yea
Renner — Yea
Bell — Yea
Grieco — Yea
Roach — Yea
Hage — Yea
Robinson — Yea
Hart — Yea
Rodrigues, R. — Yea
Brown — Nay
Hattersley — Yea
Hill — Yea
Rommel — Yea
Bush — Yea
Ingoglia — Yea
Roth — Yea
Byrd — Yea
Jacobs — Yea
Sabatini — Yea
Caruso — Yea
Jacquet — Yea
Santiago — Yea
Casello — Yea
Jenne — Yea
Clemons — Yea
Silvers — Yea
Cortes — Yea
Cummings — Yea
Killebrew — Yea
Slosberg — Yea
Latvala — Yea
Sprowls — Yea
Diamond — Yea
Magar — Yea
Stevenson — Yea
Donalds — Yea
Stone — Yea
Drake — Yea
Mariano — Yea
Sullivan — Yea
DuBose — Yea
Toledo — Yea
Tomkow — Yea
Duran — Yea
McGhee — Yea
Eagle — Yea
Mercado — Yea
Valdes — Yea
Newton — Yea
Watson, B. — Yea
Fernandez — Yea
Oliva — Yea
Watson, C. — Yea
Fernandez-Barquin — Yea
Omphroy — Yea
Webb — Yea
Fetterhoff — Yea
Willhite — Yea
Fine — Yea
Payne — Yea
Williams — Yea
Fischer — Yea
Williamson — Yea
Fitzenhagen — Yea
Pigman — Yea
Geller — Yea
Zika — Yea
Beltran — Not Voting
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Yea
Antone, Bruce Hadley Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Joseph, Dotie Democrat Yea
Polsky, Tina Scott Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Johnson, Chad Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 22 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Republican 4001
Total 22002
% of votes cast 92%0%0%8%
How each member voted (24)
Member Party Vote
Silvers — Yea
Ausley — Yea
Casello — Yea
Donalds — Yea
Eagle — Yea
Fernández — Yea
Fischer — Yea
Fitzenhagen — Yea
Hage — Yea
Jacquet — Yea
Jenne — Not Voting
Robinson — Yea
Rodrigues, R. — Yea
Sabatini — Yea
Santiago — Yea
Stone — Yea
Willhite — Yea
Williamson — Yea
La Rosa — Yea
Andrade, Robert Alexander "Alex" Republican Yea
Buchanan, James Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Not Voting
Plasencia, Susan Republican Yea
Stark, Paula A. Republican Yea

Official roll call →

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 4002
Democrat 1001
Unaffiliated 7000
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
DuBose — Yea
Fernández — Yea
Fischer — Yea
Good — Yea
Pigman — Yea
Stevenson — Yea
Sullivan — Yea
Daniels, Kimberly Democrat Not Voting
Eskamani, Dr. Anna V. Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Grall, Erin Republican Not Voting
LaMarca, Chip Republican Yea
Plasencia, Susan Republican Not Voting
Shoaf, Jason Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Democrat 1000
Republican 3000
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Alexander — Not Voting
Bell — Yea
Casello — Not Voting
Fernandez-Barquin — Yea
Fine — Yea
Fischer — Yea
Fitzenhagen — Yea
Hage — Yea
Mariano — Yea
Newton — Yea
Willhite — Not Voting
Gottlieb, Michael "Mike" Democrat Yea
Maggard, Randall Scott "Randy" Republican Yea
Rodriguez, Ana Maria Republican Yea
Smith, David Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 101 do?
Public Construction; Revises amounts of retainage that local governmental entities & contractors may withhold from progress payments for construction services contract; revises requirements for DMS rules governing certain contracts; revises amounts of retainage that public entities & contractors may withhold from progress payments for construction services contract.
Who sponsors HB 101?
HB 101 is sponsored by Andrade, Robert Alexander "Alex" (Republican).
What is the current status of HB 101?
This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 101?
Track HB 101 free on One Click Politics — get push/email alerts when it moves.

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