Ditchmen • NUCA of Florida June 2019 | Page 6

NUCA of Florida’s Government Relations Team Achieves Results for Membership We have good news to share! As you may recall, last month your NUCA government relations team, Kari Hebrank and Scott Jenkins, met with Department of Business and Professional Regulation (DBPR) Secretary Halsey Beshears to discuss an issue that has been brought to our attention by our members regarding unusual actions by local governments. Currently, Tallahassee has a climate of reigning in local government actions that fall outside the scope of statutes or create unintended consequences on Florida’s business climate. Secretary Beshears was an avid listener to the issues our members are facing. A key issue of concern that has been brought to our attention is local governments requiring a General Contractors license on underground utility RFPs that a licensed Underground Utility Contractor could perform. As you may know, Florida Statute 255.0992 (2)(b) states, “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 who is qualified, licensed, or certified as required by state law to perform such work from submitting a bid on the public works project.” By limiting RFPs to 4 DITCHMEN • JUNE 2019 General Contractors, this disqualifies our licensed Utility Contractors from bidding on the jobs unless they also have a GC license or are subcontracted by a General Contractor. Through our member’s experiences, we know some of these are caused by simple cutting and pasting errors from old RFPs, but some local governments are pushing back and want to set their own requirements. The motives for local governments to limit their population of possible applicants is unclear but can lead people to believe that what might hurt us might be helping another. At our meeting, Secretary Beshears was concerned and agreed to research what step the Department could take to help local governments understand they are in violation of the law and should comply. As a result of the meeting, DBPR has placed on their “Hot Topics” website at http://www. myfloridalicense.com/DBPR/construction- industry/hot-topics . Please direct local governments to this site. You can use this information to show them when they are out of compliance with state law. This is