reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.042 - Shelter in Public Buildings.

255.042 Shelter in public buildings.—
(1) It shall be the policy of the state that fallout protection be incorporated to the fullest practical extent in all public buildings of the state and its political subdivisions, which would have a floor area capable of sheltering 100 or more persons in order to provide protection against radiation hazards for the greatest number of persons, including employees of state and local government, in the event of nuclear attack.
(2) Every officer, department, board, agency or commission of the state, or of the political subdivisions thereof, responsible for the preparation of, or contracting for, plans and specifications for new public buildings, or for the substantial modification of or additions to existing public buildings, may require that the architect, architect-engineer firm, or other person or persons involved in the design of such buildings, provide a minimum protection factor of 40-to-1 or such protection as is possible within available funds in such design, or provide for consideration at the same time as the basic plan, alternate plans affording this protection.
(3) The Division of Emergency Management shall, in those cases in which the architect-engineer firm does not possess the specialized training required for the inclusion of fallout protection in building design and upon request from the architect-engineer concerned or the responsible state or local agency, provide, at no cost to the architect-engineer or agency, professional development service to increase fallout protection through shelter slanting and cost-reduction techniques.
(4) Nothing in this section establishes a mandatory requirement for the incorporation of fallout shelter in the construction of, modification of, or addition to the public buildings concerned. It is mandatory, however, that the incorporation of such protection be given every consideration through acceptable shelter slanting and cost-reduction techniques. The responsible state or local official shall determine whether cost, or other related factors, precludes or makes impracticable the incorporation of fallout shelter in public buildings. Further, the Division of Emergency Management may waive the requirement for consideration of shelter in those cases where presently available shelter spaces equal or exceed the requirements of the area concerned.
(5) Nothing in this act shall apply to school buildings erected by the school board.
History.—s. 1, ch. 67-88; ss. 18, 35, ch. 69-106; s. 1, ch. 69-300; s. 25, ch. 81-167; s. 23, ch. 83-55; s. 116, ch. 2011-142.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.043 - Art in State Buildings.

255.043 Art in state buildings.—
(1) Each appropriation for the original construction of a state building which provides public access shall include an amount of up to 0.5 percent of the total appropriation for the construction of the building, not to exceed $100,000, to be used for the acquisition of works of art produced by, but not limited to, Florida artists or craftspersons. Those works of art acquired shall be displayed for viewing in public areas in the interior or on the grounds or the exterior of the building and not in private offices or areas with limited public access.
(2) The Department of Management Services or other state agencies receiving appropriations for original constructions shall notify the Florida Council on Arts and Culture and the user agency of any construction project which is eligible under the provisions of this section. The Department of Management Services or other state agency shall determine the amount to be made available for purchase or commission of works of art for each project and shall report these amounts to the Florida Council on Arts and Culture and the user agency. Payments therefor shall be made from funds appropriated for fixed capital outlay according to law.
(3) The selection of artists or craftspersons shall be the responsibility of the user agency. The final approval of any recommendation for the purchase of or commissioning of works of art shall be consistent with the art selection process pursuant to rule promulgated by the Department of State. The approval of any invoice for payment for any purchase of or commissioning of works of art shall be the responsibility of the user agency.
(4) The Department of State shall be authorized to promulgate rules to implement this section.
History.—s. 1, ch. 79-188; s. 125, ch. 83-217; s. 1, ch. 90-224; s. 13, ch. 90-267; s. 5, ch. 91-429; s. 175, ch. 92-279; s. 55, ch. 92-326; s. 147, ch. 95-148; s. 2, ch. 95-235; s. 1, ch. 2000-208; s. 31, ch. 2007-217; s. 38, ch. 2010-5.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.045 - Cleanup After Events Held on Public Property.

255.045 Cleanup after events held on public property.—
(1) Any person who sponsors or promotes an event to be held on or within any public property or facility in the state must reasonably protect such property or facility and, after the event, must provide for all necessary cleanup, repair, and restoration of such property or facility to its condition prior to the event, so that such public property or facility is suitable for normal use. The cleanup, repair, and restoration must be accomplished within 15 days after the date the event is concluded.
(2) This section does not supersede any laws, rules, ordinances, or properly adopted policies the requirements of which are more stringent than the requirements imposed by this section.
(3) A violation of this section is a noncriminal violation, punishable by a fine not to exceed $500 per day, to begin on the day after the 15-day cleanup period has expired. The imposition of the fine against any person does not abrogate that person’s duty to pay any cleanup or restoration costs resulting from the event.
History.—ss. 1, 2, 3, ch. 89-73.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.047 - Publicly Owned or Operated Convention Centers, Sports Stadiums, Sports Arenas, Coliseums, or Auditoriums; Booking Business Records; Confidentiality.

255.047 Publicly owned or operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums; booking business records; confidentiality.—
(1) As used in this section:
(a) “Booking business records” means client calendars, client lists, exhibitor lists, and marketing files. The term does not include contract negotiation documents, lease agreements, rental rates, event invoices, event work orders, ticket sales information, box office records, attendance figures, payment schedules, certificates of insurance, accident reports, incident reports, or correspondence specific to a confirmed event.
(b) “Client calendar” means a schedule of events and a listing of the space reserved for such events that have been scheduled or tentatively scheduled to be held on a date more than 24 months in the future from whatever date is the current date.
(c) “Client list” means a list of names, addresses, and contact persons for selected, prequalified, and potential clients.
(d) “Exhibitor list” means a list of names, addresses, and contact persons for individual exhibitors at an exhibition.
(e) “Marketing file” means proprietary information on the booking history, location, attendance, space requirement, and other qualifying information for a potential client.
(2) The booking business records of a publicly owned or publicly operated convention center, sports stadium, sports arena, coliseum, or auditorium are exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Nothing in this section shall prohibit the Department of Revenue from obtaining any booking business records or related information at the department’s request if necessary for the department to administer its duties.
History.—s. 1, ch. 90-63; s. 1, ch. 95-118; s. 110, ch. 96-406.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.051 - Public Bids; Check or Draft as Good Faith Deposit.

255.051 Public bids; check or draft as good faith deposit.—Whenever any form of bid of the state or any county or municipality thereof or any department or agency of the state, county or municipality or any other public body or institution shall specify that a good faith deposit shall be made by way of a certified check accompanying such bid, such requirement shall be satisfied by the bidder depositing in lieu of such certified check a cashier’s check, treasurer’s check or bank draft of any national or state bank.
History.—s. 1, ch. 27999, 1953.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.0515 - Bids for State Contracts; Substitution of Subcontractors.

255.0515 Bids for state contracts; substitution of subcontractors.—With respect to state contracts let pursuant to competitive bidding, whether under chapter 1013, relating to educational facilities, or this chapter, relating to public buildings, the contractor shall not remove or replace subcontractors listed in the bid subsequent to the lists being made public at the bid opening, except upon good cause shown.
History.—s. 1, ch. 78-389; s. 928, ch. 2002-387.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.0516 - Bid Protests by Educational Boards.

255.0516 Bid protests by educational boards.—With respect to state contracts and bids pursuant to competitive bidding, whether under chapter 1013, relating to educational facilities, or under this chapter, relating to public buildings, if a school board, a community college board of trustees, or a state university board of trustees uses procedures pursuant to chapter 120 for bid protests, the board may require the protestor to post a bond amounting to:
(1) Twenty-five thousand dollars or 2 percent of the lowest accepted bid, whichever is greater, for projects valued over $500,000; and
(2) Five percent of the lowest accepted bid for all other projects,
conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the agency prevails, it shall recover all costs and attorney’s fees from the protestor; if the protestor prevails, the protestor shall recover from the agency all costs and attorney’s fees.
History.—s. 27, ch. 95-269; s. 929, ch. 2002-387.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.0518 - Public Bids; Bid Opening.

255.0518 Public bids; bid opening.—Notwithstanding s. 119.071(1)(b), the state or any county or municipality thereof or any department or agency of the state, county, or municipality or any other public body or institution shall:
(1) When opening sealed bids or the portion of any sealed bids that include the prices submitted that are received pursuant to a competitive solicitation for construction or repairs on a public building or public work, open the sealed bids at a public meeting conducted in compliance with s. 286.011.
(2) Announce at that meeting the name of each bidder and the price submitted in the bid.
(3) Make available upon request the name of each bidder and the price submitted in the bid.
History.—s. 2, ch. 2012-13; s. 3, ch. 2012-211.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.052 - Substitution of Securities for Amounts Retained on Public Contracts.

255.052 Substitution of securities for amounts retained on public contracts.—
(1) Under any contract made or awarded by the state or any county, city, or political subdivision thereof, or other public authority, the contractor may, from time to time, withdraw the whole or any portion of the amount retained for payments to the contractor pursuant to the terms of the contract, upon depositing with the Chief Financial Officer:
(a) United States Treasury bonds, United States Treasury notes, United States Treasury certificates of indebtedness, or United States Treasury bills;
(b) Bonds or notes of the State of Florida; or
(c) Bonds of any political subdivision in the state; or
(d) Cash delivered to the State Treasury for the Treasury Cash Deposit Trust Fund; or
(e) Certificates of deposit from state or national banks or state or federal savings and loan associations in the state. Certificates of deposit shall possess the eligibility characteristics defined in s. 625.52.
No amount shall be withdrawn in excess of the market value of the securities listed in paragraphs (a), (b), and (c) at the time of withdrawal or of the par value of such securities, whichever is lower.
(2) The Chief Financial Officer shall regularly collect all interest or income on the obligations so deposited, and shall pay the same, when and as collected, to the contractor who deposited the obligations. If the deposit is in the form of coupon bonds, the Chief Financial Officer shall deliver each coupon as it matures to the contractor.
(3) Any amount deducted by the state or by any county, city, or political subdivision thereof, or by other public authority, pursuant to the terms of the contract, from the amounts retained for payments due the contractor shall be deducted, first from that portion of the amounts retained for which no security has been substituted, then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after such amount has been deducted.
Nothing in this section shall be construed to require the state or any county, city, or political subdivision thereof, or other public authority, to allow the contractor to withdraw the whole or any portion of the amount retained for payments to the contractor except pursuant to the terms of the contract.
History.—s. 1, ch. 70-70; s. 1, ch. 74-253; s. 5, ch. 92-87; s. 274, ch. 2003-261.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.0525 - Advertising for Competitive Bids or Proposals.

255.0525 Advertising for competitive bids or proposals.—
(1) The solicitation of competitive bids or proposals for any state construction project that is projected to cost more than $200,000 shall be publicly advertised once in the Florida Administrative Register at least 21 days prior to the established bid opening. For state construction projects that are projected to cost more than $500,000, the advertisement shall be published in the Florida Administrative Register at least 30 days prior to the established bid opening and at least once in a newspaper of general circulation in the county where the project is located at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled prebid conference. The bids or proposals shall be received and opened publicly at the location, date, and time established in the bid or proposal advertisement. In cases of emergency, the Secretary of Management Services may alter the procedures required in this section in any manner that is reasonable under the emergency circumstances.
(2) The solicitation of competitive bids or proposals for any county, municipality, or other political subdivision construction project that is projected to cost more than $200,000 shall be publicly advertised at least once in a newspaper of general circulation in the county where the project is located at least 21 days prior to the established bid opening and at least 5 days prior to any scheduled prebid conference. The solicitation of competitive bids or proposals for any county, municipality, or other political subdivision construction project that is projected to cost more than $500,000 shall be publicly advertised at least once in a newspaper of general circulation in the county where the project is located at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled prebid conference. Bids or proposals shall be received and opened at the location, date, and time established in the bid or proposal advertisement. In cases of emergency, the procedures required in this section may be altered by the local governmental entity in any manner that is reasonable under the emergency circumstances.
(3) If the location, date, or time of the bid opening changes, written notice of the change must be given, as soon as practicable after the change is made, to all persons who are registered to receive any addenda to the plans and specifications.
(4) A construction project may not be divided into more than one project for the purpose of evading the requirements in this section.
(5) As used in this section, the term “emergency” means an unexpected turn of events that causes:
(a) An immediate danger to the public health or safety;
(b) An immediate danger of loss of public or private property; or
(c) An interruption in the delivery of an essential governmental service.
History.—s. 26, ch. 95-196; s. 40, ch. 95-269; s. 21, ch. 2013-14.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.072 - Definitions.

255.072 Definitions.—As used in ss. 255.073-255.078, the term:
(1) “Agent” means project architect, project engineer, or any other agency or person acting on behalf of a public entity.
(2) “Construction services” means all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. The term “construction services” does not include contracts or work performed for the Department of Transportation.
(3) “Contractor” means any person who contracts directly with a public entity to provide construction services.
(4) “Payment request” means a request for payment for construction services which conforms with all statutory requirements and with all requirements specified by the public entity to which the payment request is submitted.
(5) “Public entity” means the state, or any office, board, bureau, commission, department, branch, division, or institution thereof, but does not include a local governmental entity as defined in s. 218.72.
(6) “Purchase” means the purchase of construction services.
History.—s. 6, ch. 2005-230.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.073 - Timely Payment for Purchases of Construction Services.

255.073 Timely payment for purchases of construction services.—
(1) Except as otherwise provided in ss. 255.072-255.078, s. 215.422 governs the timely payment for construction services by a public entity.
(2) If a public entity disputes a portion of a payment request, the undisputed portion must be paid by the date required under the contract or by 20 business days after receipt of the request, whichever is earlier.
(3) When a contractor receives payment from a public entity for labor, services, or materials furnished by subcontractors and suppliers hired by the contractor, the contractor shall remit payment due to those subcontractors and suppliers within 10 days after the contractor’s receipt of payment. When a subcontractor receives payment from a contractor for labor, services, or materials furnished by subcontractors and suppliers hired by the subcontractor, the subcontractor shall remit payment due to those subcontractors and suppliers within 7 days after the subcontractor’s receipt of payment. This subsection does not prohibit a contractor or subcontractor from disputing, pursuant to the terms of the relevant contract, all or any portion of a payment alleged to be due to another party if the contractor or subcontractor notifies the party whose payment is disputed, in writing, of the amount in dispute and the actions required to cure the dispute. The contractor or subcontractor must pay all undisputed amounts due within the time limits imposed by this subsection.
(4) All payments due for the purchase of construction services and not made within the applicable time limits shall bear interest at the rate of 2 percent per month.
History.—s. 7, ch. 2005-230; s. 3, ch. 2021-124; s. 3, ch. 2023-134.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.074 - Procedures for Calculation of Payment Due Dates.

255.074 Procedures for calculation of payment due dates.—
(1) Each public entity shall establish procedures whereby each payment request received by the public entity is marked as received on the date on which it is delivered to an agent or employee of the public entity or of a facility or office of the public entity.
(2) If the terms under which a purchase is made allow for partial deliveries and a payment request is submitted for a partial delivery, the time for payment for the partial delivery must be calculated from the time of the partial delivery and the submission of the payment request.
(3) A public entity must submit a payment request to the Chief Financial Officer for payment no later than 14 days after receipt of the payment request.
History.—s. 8, ch. 2005-230; s. 4, ch. 2023-134.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.075 - Mandatory Interest.

255.075 Mandatory interest.—A contract between a public entity and a contractor may not prohibit the collection of late payment interest charges authorized under s. 255.073(4).
History.—s. 9, ch. 2005-230; s. 9, ch. 2021-124.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.076 - Award of Court Costs and Attorney’s Fees.

255.076 Award of court costs and attorney’s fees.—In an action to recover amounts due for construction services purchased by a public entity, the court shall award court costs and reasonable attorney’s fees, including fees incurred through any appeal, to the prevailing party, if the court finds that the nonprevailing party withheld any portion of the payment that is the subject of the action without any reasonable basis in law or fact to dispute the prevailing party’s claim to those amounts.
History.—s. 10, ch. 2005-230.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.078 - Public Construction Retainage.

1
255.078 Public construction retainage.—
(1) With regard to any contract for construction services, a public entity may withhold from each progress payment made to the contractor an amount not exceeding 5 percent of the payment as retainage.
(2) This section and s. 255.077 do not prohibit a public entity from withholding retainage at a rate less than 5 percent of each progress payment, from 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. If a public entity makes any payment of retainage to the contractor which is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the contractor must timely remit payment of such retainage to those subcontractors and suppliers.
(3) This section and s. 255.077 do not require the public entity to pay or release any amounts that are the subject of a good faith dispute made in writing pursuant to the contract or the subject of a claim brought pursuant to s. 255.05.
(4) The same time limits for payment of a payment request apply regardless of whether the payment request is for, or includes, retainage.
(5) Subsection (1) does not apply to construction services purchased by a public entity which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Florida Prompt Payment Act.
(6) 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.
History.—s. 12, ch. 2005-230; s. 4, ch. 2020-173; s. 6, ch. 2023-134.
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Note.—Section 5(2), ch. 2020-173, provides that “[t]he amendments made to ss. 255.05 and 255.078, Florida Statutes, by this act do not apply to contracts executed under chapter 337, Florida Statutes.”
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.099 - Preference to State Residents.

255.099 Preference to state residents.—
(1) Each contract for construction that is funded by state funds must contain a provision requiring the contractor to give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. A contract for construction funded by local funds may contain such a provision.
(a) As used in this section, the term “substantially equal qualifications” means the qualifications of two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are better suited for the position than the qualifications held by the other person or persons.
(b) A contractor required to employ state residents must contact the Department of Economic Opportunity to post the contractor’s employment needs in the state’s job bank system.
(2) No contract shall be let to any person refusing to execute an agreement containing the provisions required by this section. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States.
History.—s. 50, ch. 2010-147; s. 117, ch. 2011-142.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.0991 - Contracts for Construction Services; Prohibited Local Government Preferences.

255.0991 Contracts for construction services; prohibited local government preferences.—
(1) For purposes of this section, the term:
(a) “Competitive solicitation” has the same meaning as in s. 255.248.
(b) “State-appropriated funds” means all funds appropriated in the General Appropriations Act, excluding federal funds.
(2) For any competitive solicitation for construction services paid for with any state-appropriated funds, a state college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation to prevent a certified, licensed, or registered contractor, subcontractor, or material supplier or carrier, from participating in the bidding process based upon:
(a) Maintaining an office or place of business within a particular local jurisdiction;
(b) Hiring employees or subcontractors from within a particular local jurisdiction; or
(c) Prior payment of local taxes, assessments, or duties within a particular local jurisdiction.
(3) For any competitive solicitation that meets the criteria in subsection (2), a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by subsection (2).
(4) Except as provided in subsection (2), this section does not prevent a state college, county, municipality, school district, or other political subdivision of the state from awarding a contract to a contractor in accordance with applicable state laws or local ordinances or regulations.
History.—s. 1, ch. 2015-63; s. 1, ch. 2021-194.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.0992 - Public Works Projects; Prohibited Governmental Actions.

255.0992 Public works projects; prohibited governmental actions.—
(1) As used in this section, the term:
(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 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.
(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:
(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.
(b) Require that a contractor, subcontractor, or material supplier or carrier engaged in a public works project:
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:
(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.
History.—s. 1, ch. 2017-113; s. 2, ch. 2021-194; s. 7, ch. 2023-134.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.101 - Contracts for Public Construction Works; Utilization of Minority Business Enterprises.

255.101 Contracts for public construction works; utilization of minority business enterprises.—
(1) All county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions which are charged with the letting of contracts for public works and for the construction of public bridges, buildings, and other structures shall operate in accordance with s. 287.093, except that all contracts for the construction of state facilities should comply with provisions in s. 287.09451, and rules adopted pursuant thereto, for the utilization of minority business enterprises. When construction is financed in whole or in part from federal funds and where federal provisions for utilization of minority business enterprises apply, this section shall not apply.
(2) Counties, municipalities, and special districts as defined in chapter 189, or other political subdivisions of the state are encouraged to be sensitive to the effect of job-size barriers on minority businesses. To this end, these governmental entities are encouraged to competitively award public construction projects exceeding $100,000.
History.—ss. 6, 26, ch. 94-322; s. 41, ch. 2001-61.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.21 - Special Facilities for Physically Disabled.

255.21 Special facilities for physically disabled.—Any building or facility intended for use by the general public which, in whole or in part, is constructed or altered or operated as a lessee, by or on behalf of the state or any political subdivision, municipality, or special district thereof or any public administrative board or authority of the state shall, with respect to the altered or newly constructed or leased portion of such building or facility, comply with standards and specifications established by part II of chapter 553.
History.—s. 1, ch. 65-493; s. 1, ch. 72-281; s. 1, ch. 73-255; s. 82, ch. 77-104; s. 1, ch. 78-166; s. 7, ch. 89-97; s. 177, ch. 92-279; s. 55, ch. 92-326; s. 16, ch. 97-296; s. 135, ch. 2000-141; s. 37, ch. 2001-186; s. 6, ch. 2001-372; s. 26, ch. 2012-5.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.211 - Special Symbol May Be Displayed.

255.211 Special symbol may be displayed.—All state-owned buildings providing facilities for wheelchair users, including, but not limited to, entrance and exit facilities, shall display at all entrances the internationally recognized symbol for wheelchair users.
History.—s. 1, ch. 70-403.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.22 - Reconveyance of Lands Not Used for Purpose Specified.

255.22 Reconveyance of lands not used for purpose specified.—
(1) In the event any party owning adjoining land conveys real property, without receipt of valuable consideration, to any municipality or county for a specific purpose or use and if such county or municipality fails to use such property for such purpose for a period of 60 consecutive months or, with respect to property conveyed on or after October 1, 1984, fails to use such property for such purpose for a period of 60 consecutive months or identify during the 60-month period the proposed use of such property in a comprehensive plan or other public facilities plan, then, upon written demand of the grantor, or grantor’s successors in title owning such adjoining land, the municipality or county may execute and deliver a quitclaim deed to the party making such demand provided such party is the owner of land adjoining such property on at least one side. No such quitclaim deed shall be delivered hereunder unless the specific purpose or use to be made of the property was disclosed to the grantee at the time of delivery of the conveyance or appeared in the conveyance or in an official record of the county; provided, however, that as to any such conveyance after July 1, 1967, the specific purpose or use must appear of record.
(2) In the event the purpose for which the property was conveyed required physical improvement or construction on such property or the maintenance thereof, any such municipality or county that fails to construct, improve, or maintain such property for the period specified in subsection (1) shall be conclusively deemed to have abandoned the property for the purpose for which it was conveyed, unless, with respect to property conveyed on or after October 1, 1984, the proposed use of such property has been identified in a comprehensive plan or other public facilities plan of the municipality or county during the 60-month period specified in subsection (1).
History.—ss. 1, 2, ch. 67-383; ss. 1, 2, 3, ch. 84-366; s. 42, ch. 93-164; s. 3, ch. 94-175; s. 3, ch. 95-297; s. 16, ch. 95-310.
Note.—Consolidation of s. 255.22 and former s. 255.23.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.248 - Definitions.

255.248 Definitions.—As used in this section and ss. 255.249 and 255.25, the term:
(1) “Best leasing value” means the highest overall value to the state based on objective factors that include, but are not limited to, rental rate, renewal rate, operational and maintenance costs, tenant-improvement allowance, location, lease term, condition of facility, landlord responsibility, amenities, and parking.
(2) “Competitive solicitation” means an invitation to bid, a request for proposals, or an invitation to negotiate.
(3) “Department” means the Department of Management Services.
(4) “Managing agency” means an agency that serves as the title entity or that leases property from the Board of Trustees of the Internal Improvement Trust Fund for the operation and maintenance of a state-owned office building.
(5) “Privately owned building” means any building not owned by a governmental agency.
(6) “Responsible lessor” means a lessor that has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.
(7) “Responsive bid,” “responsive proposal,” or “responsive reply” means a bid or proposal, or reply submitted by a responsive and responsible lessor, which conforms in all material respects to the solicitation.
(8) “Responsive lessor” means a lessor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.
(9) “State-owned office building” means any building whose title is vested in the state and which is used by one or more executive agencies predominantly for administrative direction and support functions. The term excludes:
(a) District or area offices established for field operations where law enforcement, military, inspections, road operations, or tourist welcoming functions are performed.
(b) All educational facilities and institutions under the supervision of the Department of Education.
(c) All custodial facilities and institutions used primarily for the care, custody, or treatment of wards of the state.
(d) Buildings or spaces used for legislative activities.
(e) Buildings purchased or constructed from agricultural or citrus trust funds.
(10) “Tenant broker” means a private real estate broker or brokerage firm licensed to do business in this state and under contract with the department to provide real estate transaction, portfolio management, and strategic planning services for state agencies.
History.—s. 3, ch. 75-70; s. 61, ch. 85-349; s. 1, ch. 2007-220; s. 4, ch. 2013-152.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.25001 - Department of Management Services Not Required to Participate in Pride Leasing Process; Department of Agriculture and Consumer Services Authorized to Sell Property Without Complying With Specified Laws.

255.25001 Department of Management Services not required to participate in PRIDE leasing process; Department of Agriculture and Consumer Services authorized to sell property without complying with specified laws.—Notwithstanding the provisions of:
(1) Section 946.504(3), as amended by chapter 92-279, Laws of Florida, the Department of Management Services shall not be required to participate with the Department of Corrections in the correctional work program (PRIDE) leasing process.
(2) Chapters 253 and 287, the Department of Agriculture and Consumer Services shall be authorized to sell any tangible personal property, real property, or structures on leased or department-owned real property without complying with other provisions of law or Florida Statutes, with the proceeds being deposited into the Property Trust Account in the General Inspection Trust Fund. Prior to finalizing any such sale, the department’s proposed action shall be subject to the notice and review procedures set forth in s. 216.177, as amended by chapter 92-142, Laws of Florida.
History.—s. 8, ch. 92-316; s. 15, ch. 94-240; s. 111, ch. 96-406; s. 13, ch. 98-279; s. 32, ch. 2007-5; s. 51, ch. 2012-116; s. 38, ch. 2014-53; s. 3, ch. 2016-11.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.2501 - Lease of Space Financed With Local Government Obligations.

255.2501 Lease of space financed with local government obligations.—
(1) Except when specifically authorized by the Appropriations Act, no executive agency, department, public officer or employee shall enter any contract on behalf of the state, the term of which contract is more than 5 years, including any and all renewal periods and including any and all leases which constitute a series of leases, for the lease, lease-purchase, sale-leaseback, purchase, or rental of any office space, building, real property and improvements thereto, or any other fixed capital outlay project, any of which is or is to be financed with local government obligations of any type.
(2) No lease, lease-purchase, sale-leaseback, purchase, or rental of any office space, building, real property and improvements thereto, or any other fixed capital outlay project that is or is to be financed with local government obligations of any type shall be requested for approval in the Appropriations Act unless:
(a) The construction for such project is to be or has been competitively bid unless the certificate of occupancy for such project was issued more than 3 years prior to the time such request is made;
(b) The executive branch agency or department making the request has competitively bid its space needs prior to making such request and the project for which approval is sought was the lowest and best bidder for such needs; and
(c) The rent, lease payment, lease-purchase payment, or other payment for such project is not greater than an amount equal to the same proportion of the debt service on the local government obligations to be issued to finance or which are outstanding that financed, as the case may be, the facility or project for which approval is sought that the executive agency or department seeking such approval will utilize under the lease, lease-purchase, sale-leaseback, purchase, or rental of the project in the facility or project as compared to the entire facility or project that is to be or was financed. This paragraph shall not apply when the certificate of occupancy for a facility or project was issued more than 3 years prior to the time such request is made.
(3) Any project approved pursuant to this section shall be subject to the requirements of ss. 255.2502 and 255.2503.
(4) Any contract entered on behalf of the state by any executive agency, department, public officer or employee in violation of this section shall be null and void.
History.—s. 9, ch. 88-409.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.2502 - Contracts Which Require Annual Appropriation; Contingency Statement.

255.2502 Contracts which require annual appropriation; contingency statement.—No executive branch department or agency, public officer or employee shall enter into any contract on behalf of the state, which contract binds the state or its executive agencies to the lease, rental, lease-purchase, purchase, or sale-leaseback of office space, real property or improvements to real property for a period in excess of 1 fiscal year, including any and all renewal periods and including all leases which constitute a series of leases unless the following statement is included in the contract: “The State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.” The foregoing statement shall not be amended, supplemented, or waived, and shall be printed in type at least as large as any other type appearing on the contract. Any contract in violation of this section shall be null and void.
History.—s. 10, ch. 88-409.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.2503 - Contracts for Lease of Buildings; Prohibited Provisions.

255.2503 Contracts for lease of buildings; prohibited provisions.—No executive agency or department, public officer or employee may enter any lease, contract, rental agreement, lease-purchase agreement, purchase agreement, or sale-leaseback agreement on behalf of the state that requires the state agency or department, public officer or employee to refrain from making legislative budget or fixed capital outlay requests for alternate space other than that in any such lease, rental agreement, lease-purchase agreement, purchase agreement, or sale-leaseback agreement. Any contract in violation of this section shall be null and void. This section shall not apply to any facility financed under the Florida Building and Facilities Act.
History.—s. 11, ch. 88-409.
2023 Florida Statutes › Title XVIII - Public Lands and Property › Chapter 255 - Public Property and Publicly Owned Buildings › 255.251 - Energy Conservation and Sustainable Buildings Act; Short Title.

255.251 Energy Conservation and Sustainable Buildings Act; short title.—This act shall be cited as the “Florida Energy Conservation and Sustainable Buildings Act.”
History.—s. 1, ch. 74-187; s. 16, ch. 2008-227.