Ditchmen • NUCA of Florida Ditchmen - March 2020 | Page 19

NUCA LEGISLATIVE UPDATE 2020 ★ ★ ★
The bill requires local governments issuing bidding documents or other requests for
proposals to include a listing of all other governmental entities that may have additional
permits or fees generated by the project.

Lastly, HB 279 requires a local government self-performing a public works construction
project using its own services, employees, and equipment to create a report summarizing
completed projects constructed by the local government, which must be publicly reviewed
each year by the governing body. The Auditor General must review the report as part of his
or her routine audits of local governments.
SB 504 passed all of its three committees. HB 279 passed three committees and was
approved by the House by a vote of 114-1. HB 279 was taken up by the Senate in lieu
of SB 504 and passed the full Senate 36-1. NUCA of Florida President Mike Kivlin
has submitted a letter to Governor DeSantis urging his approval.

Public Construction (aka Retainage Bill)—HB 101 by Rep. Andrade/SB 246 by Sen.
Hooper
HB 101 reduces the limits on retainage permitted to be withheld on state and local
government contracts. For contracts more than $200,000, the bill reduces the maximum
amount that may be retained:
• From ten percent before half of the work is complete, and five percent after half of
the work is complete to five percent for the entire project; and
• From ten percent for the entire project if the government entity is a municipality
with a population of 25,000 or less or a county with a population of 100,000 or less,
to five percent for the entire project.

The bill repeals:
• The ability of a contractor to request that the government entity release up to half of
the retained amount after half of the project is completed; and
• The ability of a contractor to withhold more than five percent of each progress
payment to his or her subcontractors after half of a project for a government entity
is completed.

For contracts less than $200,000, the bill reduces the amount that the state may retain from
a progress payment to a contractor from ten percent to five percent. The provisions of the
bill do not apply to FDOT construction projects.
SB 246 passed all of its three committees. HB 101 passed all three of its committees
and the full House by a 118-1 margin. HB 101 was taken up by the Senate in lieu of
SB 246 and passed the Senate unanimously, 40-0.

Underground Facility Damage Prevention—HB 1095 by Rep. Fitzenhagen/SB 1464 by
Flores
Chapter 556, F.S., is the “Underground Facility Damage Prevention and Safety Act” (Act).
The stated purpose of the Act is to identify and locate underground facilities prior to an
excavation or demolition to prevent injury to persons or property or interruption of
services resulting from damage to those facilities. To accomplish this, the Act creates a not-
MARCH 2020 • DITCHMEN
17