Florida 2021 Regular Session Status: Enacted

HB 53 — Public Works

Last action — Chapter No. 2021-194

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

This bill has been enacted into law. Introduced December 10, 2020. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Public Works; Revises prohibition relating to solicitation for construction services paid for with state appropriated funds; prohibits state or political subdivision that contracts for public works project from taking specified action against certain persons that are engaged in public works project or have submitted bid for such project; requires OEDR to include an analysis of certain expenditures in its annual assessment; requires counties, municipalities, & special districts that provide wastewater services & stormwater management to develop needs analysis.

Bill Text

What changed in the latest version

85 added · 83 removed

85 line(s) added, 83 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 CS/CS/HB 53 2021 A bill to be entitled An act relating to public works projects;
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 53 2021 A bill to be entitled An act relating to public works projects;
revising a prohibition relating to any solicitation for construction services paid for with state appropriated funds;
revising a prohibition relating to any solicitation for construction services paid for with state or locally appropriated funds, or any combination thereof;
prohibited local government preferences.— (2) For any a competitive solicitation for construction services paid for with any funding that is state-appropriated in which 50 percent or more of the cost will be paid from state- appropriated funds which have been appropriated at the time of the competitive solicitation, a state college, county, municipality, school district, or other political subdivision of Page 1 of 4 CODING:
prohibited local government preferences.— (2) For any a competitive solicitation for construction services paid for with funding that is state-appropriated, locally appropriated, or any combination thereof in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the Page 1 of 4 CODING:
hb0053-02-c2 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/CS/HB 53 2021 the state may not use a local ordinance or regulation that imposes a penalty provides a preference based upon:
hb0053-01-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 53 2021 competitive solicitation, a state college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon:
(b) "Public works project" means an activity exceeding $300,000 in value that is of which 50 percent or more of the cost will be paid for with any from state-appropriated funds that were appropriated at the time of the competitive solicitation and which 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 that is owned in whole or in part by any political subdivision.
(b) "Public works project" means an activity of which 50 percent or more of the cost will be paid for with from state- appropriated or locally appropriated funds, or any combination thereof, that were appropriated at the time of the competitive solicitation and which 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 that is owned in Page 2 of 4 CODING:
(2)(a) Except as required by federal or state law, the Page 2 of 4 CODING:
hb0053-02-c2 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/CS/HB 53 2021 state or any political subdivision that contracts for a public works project may not take the following actions:
hb0053-01-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 53 2021 whole or in part by any political subdivision.
(a) Impose a penalty during 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.
(2)(a) 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) Grant a preference or impose a penalty during 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.
(c)(b) The state or any political subdivision that contracts for a public works project may not Prohibit any contractor, subcontractor, or material supplier or carrier able to perform such work that who is qualified, licensed, or certified as required by state or local law to perform such work from receiving information about public works opportunities or Page 3 of 4 CODING:
(c)(b) The state or any political subdivision that contracts for a public works project may not Prohibit any contractor, subcontractor, or material supplier or carrier able to perform such work that who is qualified, licensed, or Page 3 of 4 CODING:
hb0053-02-c2 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/CS/HB 53 2021 from submitting a bid on the public works project.
hb0053-01-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 53 2021 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.
hb0053-02-c2
hb0053-01-c1
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Action History

  1. Chapter No. 2021-194

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered engrossed, then enrolled

  5. CS passed as amended; YEAS 79, NAYS 34

  6. Amendment 427668 Concur

  7. Added to Senate Message List

  8. In Messages

  9. CS passed as amended; YEAS 24 NAYS 16

  10. Read 3rd time

  11. Placed on 3rd reading

  12. Amendment(s) failed (923332)

  13. Amendment(s) adopted (427668)

  14. Read 2nd time

  15. Substituted for CS/CS/CS/SB 1076

  16. Placed on Calendar, on 2nd reading

  17. Withdrawn from Rules

  18. Received

  19. Referred to Rules

  20. In Messages

  21. CS passed as amended; YEAS 78, NAYS 36

  22. Read 3rd time

  23. Added to Third Reading Calendar

  24. Placed on 3rd reading

  25. Amendment 038919 adopted

  26. Amendment 869533 adopted

  27. Read 2nd time

  28. 1st Reading (Committee Substitute 3)

  29. Bill added to Special Order Calendar (4/22/2021)

  30. Bill referred to House Calendar

  31. CS Filed

  32. Laid on Table under Rule 7.18(a)

  33. Reported out of State Affairs Committee

  34. Favorable with CS by State Affairs Committee

  35. PCS added to State Affairs Committee agenda

  36. Now in State Affairs Committee

  37. Referred to State Affairs Committee

  38. 1st Reading (Committee Substitute 2)

  39. CS Filed

  40. Laid on Table under Rule 7.18(a)

  41. Reported out of Public Integrity & Elections Committee

  42. Favorable with CS by Public Integrity & Elections Committee

  43. Added to Public Integrity & Elections Committee agenda

  44. 1st Reading (Committee Substitute 1)

  45. 1st Reading (Original Filed Version)

  46. Now in Public Integrity & Elections Committee

  47. Referred to State Affairs Committee

  48. Referred to Public Integrity & Elections Committee

  49. CS Filed

  50. Laid on Table under Rule 7.18(a)

  51. Reported out of Government Operations Subcommittee

  52. Favorable with CS by Government Operations Subcommittee

  53. Added to Government Operations Subcommittee agenda

  54. Referred to Government Operations Subcommittee; Public Integrity and Elections Committee; State Affairs Committee

  55. Filed

Sponsors

  • State Affairs Committee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 163 not signed on · 26 voted No

Sponsors (1)

  • State Affairs Committee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"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

Passage

Passed 79 Yea · 34 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 341505
Democrat 11801
Republican 44101
Total 793407
% of votes cast 66%28%0%6%
How each member voted (120)
Member Party Vote
Bell — Yea
Grieco — Nay
Beltran — Yea
Hage — Yea
Harding — Yea
Hardy — Nay
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Ingoglia — Yea
Silvers — Nay
Jenne — Nay
Bush — Nay
Byrd — Yea
Killebrew — Yea
Slosberg — Nay
Caruso — Yea
Casello — Nay
Latvala — Yea
Learned — Nay
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Nay
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
McCurdy — Nay
Willhite — Yea
Morales — Nay
Williams — Nay
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Benjamin — Not Voting
Brown — Not Voting
DuBose — Not Voting
Duran — Not Voting
Omphroy — Not Voting
Alexander — Nay
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Nay
Renner — Yea
Grant — Yea
Roach — Yea
Thompson, Geraldine F. "Geri" — Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Nay
Chambliss, Kevin D. Democrat Nay
Daley, Dan Democrat Nay
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Nay
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Nay
Joseph, Dotie Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Not Voting
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Nay
Woodson, Marie Paule Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Not Voting
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Nay
Yarborough, Clay Republican Yea

Official roll call →

Third Reading

Passed 24 Yea · 16 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 111100
Democrat 0400
No Party Affiliation 0100
Total 241600
% of votes cast 60%40%0%0%
How each member voted (40)
Member Party Vote
Diaz — Yea
Ausley — Nay
Farmer — Nay
Powell — Nay
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Nay
Book — Nay
Stargel — Yea
Stewart — Nay
Bracy — Nay
Taddeo — Nay
Hutson — Yea
Thurston — Nay
Brandes — Yea
Torres — Nay
Broxson — Yea
Simpson — Yea
Perry — Yea
Cruz — Nay
Berman, Lori Democrat Nay
Jones, Shevrin D. "Shev" Democrat Nay
Polsky, Tina Scott Democrat Nay
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Nay
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana 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 78 Yea · 36 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 351702
Republican 42004
Democrat 11900
Total 783606
% of votes cast 65%30%0%5%
How each member voted (120)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Nay
Altman — Yea
Goff-Marcil — Nay
Renner — Yea
Grant — Yea
Roach — Yea
Grieco — Nay
Beltran — Yea
Hage — Yea
Benjamin — Nay
Harding — Yea
Hardy — Nay
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Nay
Ingoglia — Yea
Silvers — Nay
Jenne — Nay
Bush — Nay
Byrd — Yea
Killebrew — Yea
Slosberg — Nay
Caruso — Yea
Casello — Nay
Latvala — Yea
Learned — Nay
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Nay
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
McCurdy — Nay
Duran — Nay
Willhite — Yea
Morales — Yea
Williams — Nay
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Omphroy — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Bell — Not Voting
DuBose — Not Voting
Thompson, Geraldine F. "Geri" — Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Nay
Chambliss, Kevin D. Democrat Nay
Daley, Dan Democrat Nay
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Nay
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Nay
Joseph, Dotie Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Nay
Woodson, Marie Paule Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Not Voting
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Not Voting
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Not Voting
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Not Voting
Yarborough, Clay Republican Yea

Official roll call →

Favorable (State Affairs Committee)

Passed 16 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8200
Democrat 0600
Republican 8000
Total 16800
% of votes cast 67%33%0%0%
How each member voted (24)
Member Party Vote
Altman — Yea
Drake — Yea
Fischer — Yea
Goff-Marcil — Nay
Hardy — Nay
Payne — Yea
Roth — Yea
Stevenson — Yea
Toledo — Yea
Zika — Yea
Bartleman, Robin Democrat Nay
Chambliss, Kevin D. Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Joseph, Dotie Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Woodson, Marie Paule Democrat Nay
Buchanan, James Republican Yea
Chaney, Linda Republican Yea
Giallombardo, Mike Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McFarland, Fiona Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Smith, David Republican Yea

Official roll call →

Favorable With Committee Substitute (Public Integrity & Elections Committee)

Passed 11 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 5101
Unaffiliated 6300
Democrat 0200
Total 11601
% of votes cast 61%33%0%6%
How each member voted (18)
Member Party Vote
Byrd — Yea
Casello — Nay
Clemons — Yea
Ingoglia — Yea
Killebrew — Yea
Roach — Yea
Silvers — Nay
Stevenson — Yea
Thompson, Geraldine F. "Geri" — Nay
Davis, Tracie Democrat Nay
Tant, Allison Democrat Nay
Brannan III, Robert Charles "Chuck" Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Not Voting
Perez, Daniel Republican Yea
Smith, David Republican Yea
Valdés, Susan L. Republican Nay

Official roll call →

Favorable With Committee Substitute (Government Operations Subcommittee)

Passed 10 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 6000
Democrat 0400
Unaffiliated 4202
Total 10602
% of votes cast 56%33%0%11%
How each member voted (18)
Member Party Vote
Fischer — Yea
Hawkins — Yea
Killebrew — Yea
McCurdy — Nay
Roth — Not Voting
Slosberg-King — Nay
Stevenson — Not Voting
Zika — Yea
Chambliss, Kevin D. Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Skidmore, Kelly Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Garrison, Sam Republican Yea
McClure, Lawrence Republican Yea
Rizo, Alex Republican Yea
Shoaf, Jason Republican Yea

Official roll call →

Subjects

public-safety housing labor transportation
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Frequently asked questions

What does HB 53 do?
Public Works; Revises prohibition relating to solicitation for construction services paid for with state appropriated funds; prohibits state or political subdivision that contracts for public works project from taking specified action against certain persons that are engaged in public works project or have submitted bid for such project; requires OEDR to include an analysis of certain expenditures in its annual assessment; requires counties, municipalities, & special districts that provide wastewater services & stormwater management to develop needs analysis.
Who sponsors HB 53?
HB 53 is sponsored by State Affairs Committee.
What is the current status of HB 53?
This bill has been enacted into law. Introduced December 10, 2020. Enacted.
Where can I track HB 53?
Track HB 53 free on One Click Politics — get push/email alerts when it moves.

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