Chapter 255 — Chapter 255
89 sections in this chapter.
Fla. Stat. § 255.01 Proceeds of insurance may be used to replace property destroyed
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When any state, county, municipal, or other public property of this state is destroyed or partially destroyed, by fire or otherwise, upon which there is insurance, the proceeds of such insurance, when collected, may be used by the officer having the supervision of the property de…
Fla. Stat. § 255.02 Boards authorized to replace buildings destroyed by fire
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The Department of Management Services or any board or person having the direct supervision and control of any state building or state property may have rebuilt or replaced, out of the proceeds from the fire insurance on such buildings or property, any buildings or property owned …
Fla. Stat. § 255.03 Proceeds of insurance to be paid into State Treasury; disbursement of funds
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(1) The proceeds from the insurance of any state building or state property covered by insurance which may be destroyed in whole or in part by fire, or other damage, shall be paid into the State Treasury and constitute a fund for the rebuilding or replacing of such property, and …
Fla. Stat. § 255.04 Preference to home industries in building public buildings
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Every official board in the state, whether of the state, a county, or a municipality, which may be charged with the duty of erecting or constructing any public administrative or institutional building shall give preference, in the purchase of material and in letting contracts for…
Fla. Stat. § 255.041 Separate specifications for building contracts
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Every officer, board, department, or commission charged with the duty of preparing specifications or awarding or entering into contract for the erection, construction, or altering of buildings for the state, when the entire cost of such work shall exceed $10,000, may have prepare…
Fla. Stat. § 255.042 Shelter in public buildings
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(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 protect…
Fla. Stat. § 255.043 Art in state buildings
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(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 a…
Fla. Stat. § 255.045 Cleanup after events held on public property
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(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 facili…
Fla. Stat. § 255.047 Publicly owned or operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums; booking business records; confidentiality
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(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 informa…
Fla. Stat. § 255.05 Bond of contractor constructing public buildings; form; action by claimants
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(1) A person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a pu…
Fla. Stat. § 255.051 Public bids; check or draft as good faith deposit
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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…
Fla. Stat. § 255.0515 Bids for state contracts; substitution of subcontractors
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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 …
Fla. Stat. § 255.0516 Bid protests by educational boards
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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 …
Fla. Stat. § 255.0517 Owner-controlled insurance programs for public construction projects
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(1) DEFINITIONS.—As used in this section, the term:(a) “Owner-controlled insurance program” means a consolidated insurance program or series of insurance policies issued to a public agency that may provide one or more of the following types of insurance coverage for any contracto…
Fla. Stat. § 255.0518 Public bids; bid opening
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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…
Fla. Stat. § 255.052 Substitution of securities for amounts retained on public contracts
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(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 ter…
Fla. Stat. § 255.0525 Advertising for competitive bids or proposals
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(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 construc…
Fla. Stat. § 255.065 Public-private partnerships
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(1) DEFINITIONS.—As used in this section, the term:(a) “Affected local jurisdiction” means a county, municipality, or special district in which all or a portion of a qualifying project is located.(b) “Develop” means to plan, design, finance, lease, acquire, install, construct, or…
Fla. Stat. § 255.0705 Popular name
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Sections 255.0705-255.078 may be cited as the “Florida Prompt Payment Act.”
Fla. Stat. § 255.071 Payment of subcontractors, sub-subcontractors, materialmen, and suppliers on construction contracts for public projects
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(1) Any person, firm, or corporation who receives a payment from the state or any county, city, or political subdivision of the state, or other public authority, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a …
Fla. Stat. § 255.072 Definitions
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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, alt…
Fla. Stat. § 255.073 Timely payment for purchases of construction services
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(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 …
Fla. Stat. § 255.074 Procedures for calculation of payment due dates
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(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 un…
Fla. Stat. § 255.075 Mandatory interest
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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).
Fla. Stat. § 255.076 Award of court costs and attorney’s fees
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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 withh…
Fla. Stat. § 255.077 Project closeout and payment of retainage
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(1) Each contract for construction services between a public entity and a contractor must provide for the development of a list of items and the estimated cost to complete each item on the list required to render complete, satisfactory, and acceptable the construction services pu…
Fla. Stat. § 255.078 Public construction retainage
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(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…
Fla. Stat. § 255.099 Preference to state residents
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(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 t…
Fla. Stat. § 255.0991 Contracts for construction services; prohibited local government preferences
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(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 construc…
Fla. Stat. § 255.0992 Public works projects; prohibited governmental actions
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(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…
Fla. Stat. § 255.0993 Public works projects; United States-produced iron and steel products
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(1) DEFINITIONS.—As used in this section, the term:(a) “Governmental entity” means the state, or any office, board, bureau, commission, department, branch, division, or institution thereof, or a separate agency or unit of local government created or established by law or ordinanc…
Fla. Stat. § 255.101 Contracts for public construction works; utilization of minority business enterprises
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(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, bu…
Fla. Stat. § 255.102 Contractor utilization of minority business enterprises
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(1) Agencies shall consider the use of price preferences, weighted preference formulas, or other preferences for construction contracts, as determined appropriate by the Office of Supplier Diversity to increase minority participation.(2) The Office of Supplier Diversity, in colla…
Fla. Stat. § 255.103 Construction management or program management entities
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(1) As used in this section, the term “governmental entity” means a county, municipality, school district, special district as defined in chapter 189, or political subdivision of the state.(2) A governmental entity may select a construction management entity, pursuant to the proc…
Fla. Stat. § 255.20 Local bids and contracts for public construction works; specification of state-produced lumber
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(1) A county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor ea…
Fla. Stat. § 255.21 Special facilities for physically disabled
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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 o…
Fla. Stat. § 255.211 Special symbol may be displayed
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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.
Fla. Stat. § 255.22 Reconveyance of lands not used for purpose specified
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(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 consecu…
Fla. Stat. § 255.248 Definitions
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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 all…
Fla. Stat. § 255.249 Department of Management Services; responsibility; department rules
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(1) The department shall have responsibility and authority for the operation, custodial care, preventive maintenance, repair, alteration, modification, and allocation of space for all buildings in the Florida Facilities Pool and adjacent grounds.(2) A state agency may not lease s…
Fla. Stat. § 255.25 Approval required before construction or lease of buildings
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(1) During the term of existing leases, each agency shall consult with the department regarding opportunities for consolidation, use of state-owned space, build-to-suit space, and potential acquisitions; shall monitor market conditions; and shall initiate a competitive solicitati…
Fla. Stat. § 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
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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) Chap…
Fla. Stat. § 255.2501 Lease of space financed with local government obligations
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(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…
Fla. Stat. § 255.2502 Contracts which require annual appropriation; contingency statement
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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 …
Fla. Stat. § 255.2503 Contracts for lease of buildings; prohibited provisions
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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…
Fla. Stat. § 255.251 Energy Conservation and Sustainable Buildings Act; short title
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This act shall be cited as the “Florida Energy Conservation and Sustainable Buildings Act.”
Fla. Stat. § 255.252 Findings and intent
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(1) Operating and maintenance expenditures associated with energy equipment and with energy consumed in state-financed and leased buildings represent a significant cost over the life of a building. Energy conserved by appropriate building design not only reduces the demand for en…
Fla. Stat. § 255.253 Definitions; ss. 255.251-255.2575
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(1) “Department” means the Department of Management Services.(2) “Facility” means a building or other structure.(3) “Energy performance index or indices” (EPI) means a number describing the energy requirements at the building boundary of a facility, per square foot of floor space…
Fla. Stat. § 255.254 No facility constructed or leased without life-cycle costs
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(1) A state agency may not lease, construct, or have constructed, within limits prescribed in this section, a facility without having secured from the department an evaluation of life-cycle costs based on sustainable building ratings. Construction shall proceed only upon disclosi…
Fla. Stat. § 255.255 Life-cycle costs
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(1) The department shall adopt rules and procedures, including energy conservation performance guidelines based on sustainable building ratings, for conducting a life-cycle cost analysis of alternative architectural and engineering designs and alternative major items of energy-co…