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Florida Statute 255.20 - Full Text and Legal Analysis Florida Statute 255.20 | Lawyer Caselaw & Research
Fla. Stat. § 255.20 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
255.20 Local bids and contracts for public construction works; specification of state-produced lumber.—
(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 each project that is estimated to cost more than $300,000. For electrical work, the local government must competitively award to an appropriately licensed contractor each project that is estimated to cost more than $75,000. As used in this section, the term “competitively award” means to award contracts based on the submission of sealed bids, proposals submitted in response to a request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiation. This subsection expressly allows contracts for construction management services, design/build contracts, continuation contracts based on unit prices, and any other contract arrangement with a private sector contractor permitted by any applicable municipal or county ordinance, by district resolution, or by state law. For purposes of this section, cost includes employee compensation and benefits, except inmate labor, the cost of equipment and maintenance, insurance costs, and the cost of direct materials to be used in the construction of the project, including materials purchased by the local government, and other direct costs, plus a factor of 20 percent for management, overhead, and other indirect costs. Subject to the provisions of subsection (3), the county, municipality, special district, or other political subdivision may establish, by municipal or county ordinance or special district resolution, procedures for conducting the bidding process.
(a) Notwithstanding any other law, a governmental entity seeking to construct or improve bridges, roads, streets, highways, or railroads, and services incidental thereto, at a cost in excess of $250,000 may require that persons interested in performing work under contract first be certified or qualified to perform such work. A contractor may be considered ineligible to bid if the contractor is behind by 10 percent or more on completing an approved progress schedule for the governmental entity at the time of advertising the work. A prequalified contractor considered eligible by the Department of Transportation to bid to perform the type of work described under the contract is presumed to be qualified to perform the work described. The governmental entity may provide an appeal process to overcome that presumption with de novo review based on the record below to the circuit court.
(b) For contractors who are not prequalified by the Department of Transportation, the governmental entity shall publish prequalification criteria and procedures prior to advertisement or notice of solicitation. Such publications must include notice of a public hearing for comment on such criteria and procedures prior to adoption. The procedures must provide for an appeal process within the authority for making objections to the prequalification process with de novo review based on the record below to the circuit court within 30 days.
(c) The provisions of this subsection do not apply:
1. If the project is undertaken to replace, reconstruct, or repair an existing public building, structure, or other public construction works damaged or destroyed by a sudden unexpected turn of events such as an act of God, riot, fire, flood, accident, or other urgent circumstances, and such damage or destruction creates:
a. An immediate danger to the public health or safety;
b. Other loss to public or private property which requires emergency government action; or
c. An interruption of an essential governmental service.
2. If, after notice by publication in accordance with the applicable ordinance or resolution, the governmental entity does not receive any responsive bids or proposals.
3. To construction, remodeling, repair, or improvement to a public electric or gas utility system if such work on the public utility system is performed by personnel of the system.
4. To construction, remodeling, repair, or improvement by a utility commission whose major contracts are to construct and operate a public electric utility system.
5. If the project is undertaken as repair or maintenance of an existing public facility. For the purposes of this paragraph, the term “repair” means a corrective action to restore an existing public facility to a safe and functional condition and the term “maintenance” means a preventive or corrective action to maintain an existing public facility in an operational state or to preserve the facility from failure or decline. Repair or maintenance includes activities that are necessarily incidental to repairing or maintaining the facility. Repair or maintenance does not include the construction of any new building, structure, or other public construction works or any substantial addition, extension, or upgrade to an existing public facility. Such additions, extensions, or upgrades shall be considered substantial if the estimated cost of the additions, extensions, or upgrades included as part of the repair or maintenance project exceeds the threshold amount in subsection (1) and exceeds 20 percent of the estimated total cost of the repair or maintenance project fully accounting for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and the cost of direct materials to be used in the construction of the project, including materials purchased by the local government, and other direct costs, plus a factor of 20 percent for management, overhead, and other indirect costs. An addition, extension, or upgrade shall not be considered substantial if it is undertaken pursuant to the conditions specified in subparagraph 1. Repair and maintenance projects and any related additions, extensions, or upgrades may not be divided into multiple projects for the purpose of evading the requirements of this subparagraph.
6. If the project is undertaken exclusively as part of a public educational program.
7. If the funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent.
8. If the local government competitively awarded a project to a private sector contractor and the contractor abandoned the project before completion or the local government terminated the contract.
9. If the governing board of the local government complies with all of the requirements of this subparagraph, conducts a public meeting under s. 286.011 after public notice, and finds by majority vote of the governing board that it is in the public’s best interest to perform the project using its own services, employees, and equipment. The public notice must be published at least 21 days before the date of the public meeting at which the governing board takes final action. The notice must identify the project, the components and scope of the work, and the estimated cost of the project fully accounting for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and the cost of direct materials to be used in the construction of the project, including materials purchased by the local government, and other direct costs, plus a factor of 20 percent for management, overhead, and other indirect costs. The notice must specify that the purpose for the public meeting is to consider whether it is in the public’s best interest to perform the project using the local government’s own services, employees, and equipment. Upon publication of the public notice and for 21 days thereafter, the local government shall make available for public inspection, during normal business hours and at a location specified in the public notice, a detailed itemization of each component of the estimated cost of the project and documentation explaining the methodology used to arrive at the estimated cost. At the public meeting, any qualified contractor or vendor who could have been awarded the project had the project been competitively bid shall be provided with a reasonable opportunity to present evidence to the governing board regarding the project and the accuracy of the local government’s estimated cost of the project. In deciding whether it is in the public’s best interest for the local government to perform a project using its own services, employees, and equipment, the governing board must consider the estimated cost of the project fully accounting for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and the cost of direct materials to be used in the construction of the project, including materials purchased by the local government, and other direct costs, plus a factor of 20 percent for management, overhead, and other indirect costs, and the accuracy of the estimated cost in light of any other information that may be presented at the public meeting and whether the project requires an increase in the number of government employees or an increase in capital expenditures for public facilities, equipment, or other capital assets. The local government may further consider the impact on local economic development, the impact on small and minority business owners, the impact on state and local tax revenues, whether the private sector contractors provide health insurance and other benefits equivalent to those provided by the local government, and any other factor relevant to what is in the public’s best interest. A report summarizing completed projects constructed by the local government pursuant to this subsection shall be publicly reviewed each year by the governing body of the local government. The report shall detail the estimated costs and the actual costs of the projects constructed by the local government pursuant to this subsection. The report shall be made available for review by the public. The Auditor General shall review the report as part of his or her audits of local governments.
10. If the governing board of the local government determines upon consideration of specific substantive criteria that it is in the best interest of the local government to award the project to an appropriately licensed private sector contractor pursuant to administrative procedures established by and expressly set forth in a charter, ordinance, or resolution of the local government adopted before July 1, 1994. The criteria and procedures must be set out in the charter, ordinance, or resolution and must be applied uniformly by the local government to avoid awarding a project in an arbitrary or capricious manner. This exception applies only if all of the following occur:
a. The governing board of the local government, after public notice, conducts a public meeting under s. 286.011 and finds by a two-thirds vote of the governing board that it is in the public’s best interest to award the project according to the criteria and procedures established by charter, ordinance, or resolution. The public notice must be published at least 14 days before the date of the public meeting at which the governing board takes final action. The notice must identify the project, the estimated cost of the project, and specify that the purpose for the public meeting is to consider whether it is in the public’s best interest to award the project using the criteria and procedures permitted by the preexisting charter, ordinance, or resolution.
b. The project is to be awarded by any method other than a competitive selection process, and the governing board finds evidence that:
(I) There is one appropriately licensed contractor who is uniquely qualified to undertake the project because that contractor is currently under contract to perform work that is affiliated with the project; or
(II) The time to competitively award the project will jeopardize the funding for the project, materially increase the cost of the project, or create an undue hardship on the public health, safety, or welfare.
c. The project is to be awarded by any method other than a competitive selection process, and the published notice clearly specifies the ordinance or resolution by which the private sector contractor will be selected and the criteria to be considered.
d. The project is to be awarded by a method other than a competitive selection process, and the architect or engineer of record has provided a written recommendation that the project be awarded to the private sector contractor without competitive selection, and the consideration by, and the justification of, the government body are documented, in writing, in the project file and are presented to the governing board prior to the approval required in this paragraph.
11. To projects subject to chapter 336.
(d) If the project:
1. Is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district resolution and in accordance with the applicable contract documents. The county, municipality, or special district may reserve the right to reject all bids and to rebid the project, or elect not to proceed with the project. This subsection is not intended to restrict the rights of any local government to reject the low bid of a nonqualified or nonresponsive bidder and to award the contract to any other qualified and responsive bidder in accordance with the standards and procedures of any applicable county or municipal ordinance or any resolution of a special district.
2. Uses a request for proposal or a request for qualifications, the request must be publicly advertised and the contract must be awarded in accordance with the applicable local ordinances.
3. Is subject to competitive negotiations, the contract must be awarded in accordance with s. 287.055.
(e) If a construction project greater than $300,000, or $75,000 for electrical work, is started after October 1, 1999, is to be performed by a local government using its own employees in a county or municipality that issues registered contractor licenses, and the project would require a contractor licensed under chapter 489 if performed by a private sector contractor, the local government must use a person appropriately registered or certified under chapter 489 to supervise the work.
(f) If a construction project greater than $300,000, or $75,000 for electrical work, is started after October 1, 1999, is to be performed by a local government using its own employees in a county that does not issue registered contractor licenses, and the project would require a contractor licensed under chapter 489 if performed by a private sector contractor, the local government must use a person appropriately registered or certified under chapter 489 or a person appropriately licensed under chapter 471 to supervise the work.
(g) Projects performed by a local government using its own services and employees must be inspected in the same manner required for work performed by private sector contractors.
(h) A construction project provided for in this subsection may not be divided into more than one project for the purpose of evading this subsection.
(i) This subsection does not preempt the requirements of any small-business or disadvantaged-business enterprise program or any local-preference ordinance.
(j) A county, municipality, special district as defined in s. 189.012, or any other political subdivision of the state that owns or operates a public-use airport as defined in s. 332.004 is exempt from this section when performing repairs or maintenance on the airport’s buildings, structures, or public construction works using the local government’s own services, employees, and equipment.
(k) A local government that owns or operates a port identified in s. 403.021(9)(b) is exempt from this section when performing repairs or maintenance on the port’s buildings, structures, or public construction works using the local government’s own services, employees, and equipment.
(l) A local government that owns or operates a public transit system as defined in s. 343.52, a public transportation system as defined in s. 343.62, or a mass transit system described in s. 349.04(1)(b) is exempt from this section when performing repairs or maintenance on the buildings, structures, or public construction works of the public transit system, public transportation system, or mass transit system using the local government’s own services, employees, and equipment.
(m) Any contractor may be considered ineligible to bid by the governmental entity if the contractor has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers’ compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years.
(2) The threshold amount of $300,000 for construction or $75,000 for electrical work, as specified in subsection (1), must be adjusted by the percentage change in the Engineering News-Record’s Building Cost Index from January 1, 2009, to January 1 of the year in which the project is scheduled to begin.
(3)(a) All county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions that are charged with the letting of contracts for public work, for the construction of public bridges, buildings, and other structures must specify in the contract lumber, timber, and other forest products produced and manufactured in this state, if wood is a component of the public work, and if such products are available and their price, fitness, and quality are equal.
(b) This subsection does not apply:
1. To plywood specified for monolithic concrete forms.
2. If the structural or service requirements for timber for a particular job cannot be supplied by native species.
3. If the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture.
4. To transportation projects for which federal aid funds are available.
(4) Any qualified contractor or vendor who could have been awarded the project had the project been competitively bid has standing to challenge a local government’s actions to determine if the local government has complied with this section. The prevailing party in such action is entitled to recover its reasonable attorney’s fees.
History.—s. 1, ch. 61-495; s. 1, ch. 94-175; s. 4, ch. 95-310; s. 5, ch. 95-341; s. 1, ch. 99-181; s. 62, ch. 2002-20; s. 9, ch. 2003-286; s. 1, ch. 2009-210; s. 54, ch. 2012-30; s. 4, ch. 2013-193; s. 81, ch. 2014-22; s. 2, ch. 2020-154.

Cases Citing F.S. 255.20

Fla. Stat. § 255.20 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·City of Sweetwater v. Solo Const. Corp., 823 So. 2d 798 (Fla. 3d DCA 2002).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2002 WL 812861

...any manner whatsoever. 15. The City of Sweetwater's actions in attempting to award the contract to United Engineering Corporation are, not only, arbitrary and capricious, but also, are contrary to Florida's competitive bid statutes. Florida Statute Section 255.20 requires municipalities to competitively award contracts that cost in excess of $200,000.00. Section 255.20(1)(b)1 requires that when a contract is to be awarded based upon price, the contract is to be awarded to the lowest qualified and responsive bidder, in accordance with the applicable municipal ordinance....
...e Stormwater Improvement Contract to Solo. The City's attempt to award the Stormwater Improvement contract to United as the most responsible bidder is inconsistent with the requirements of the City Code, with the requirements of *803 Florida Statute Section 255.20 and is contrary to law....
...quirements of its City Code, Florida law and the Invitation to Bidders and Award the Contract for Stormwater Improvements to Solo Construction Corporation. 18. As the City's actions to attempt to award the contract to United violates the dictates of Section 255.20, Solo Construction Corporation is entitled to an award of attorney's fees and costs and the Court reserves jurisdiction to determine the amount of such fees and enter judgment in accordance therewith....
...SCHWARTZ, C.J., and SORONDO, J., concur. COPE, J. (dissenting). The City of Sweetwater has moved for rehearing on the issue of attorney's fees. Paragraph eighteen of the trial court's judgment awarded fees to the appellee, Solo Construction Corporation under subsection 255.20(4), Florida Statutes (2001)....
...all have standing to challenge the propriety of the local government's actions when the local government seeks to invoke the provisions of this section. The prevailing party in such action shall be entitled to recover its reasonable attorney's fees. § 255.20(4), Fla....
...The statute does not provide attorney's fees for bid contests. [*] We should grant rehearing and reverse the attorney's fee award. NOTES [1] Solo says that such an evaluation process is normally handled as a request for proposal or request for qualifications. See § 255.20(1), Fla....
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Cited as authority(citing case) (2015)
phrase: "rule_authority"
Cited as authority(citing case) (2009)
phrase: "rule_authority"
Cited as authority(citing case) (2007)
phrase: "rule_authority"
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·Emerald Corr. v. Bay Cnty. Bd., 955 So. 2d 647 (Fla. 1st DCA 2007).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2007 WL 1295651

...While we recognize the wider discretion afforded counties and cities in exercising *651 discretion in accepting or rejecting responses to RFPs, the decisions still must be subject to review to determine whether the governing body acted arbitrarily or capriciously. § 255.20, Fla....
...4th DCA 1993) (holding that no binding contract had been formed upon the first commission vote, because the award of the proposal was simply a selection of a vendor to negotiate a contract with). The contract is, thus, not formed until after the negotiation process. Id. Section 255.20, Florida Statutes (2006), provides in pertinent part: *652 (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...
...Subject to the provisions of subsection (3), the county, municipality, special district, or other political subdivision may establish, by municipal or county ordinance or special district resolution, procedures for conducting the bidding process. (Emphasis added). Section 255.20 expressly requires counties to engage in a competitive bidding or proposal process when undertaking new projects estimated at over $200,000....
...e Board complied with its own proposal criteria as outlined in the RFP. Id. at 802 (holding that the criteria espoused in the published invitation to bidders controlled the analysis of whether the city acted in an arbitrary manner). However, because section 255.20, Florida Statutes, specifically requires counties to "competitively award" contracts based on a fair review of the proposals, the Board cannot be allowed to write out this competitive requirement by affording itself overly broad discre...
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Cited as authority(citing case) (2016)
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Cited as authority(citing case) (2012)
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·Eng'g Contractors Ass'n of South Florida, Inc. v. Broward Cnty., 789 So. 2d 445 (Fla. 4th DCA 2001).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 716857

...nies headquartered in Broward County, some considered how cooperative contractors have been with the County in the past, and some considered it a plus if a firm was owned and operated by a minority. Both parties agreed that the relevant statutes are section 255.20, in the chapter entitled "Public Property and Publicly *449 Owned Buildings," section 336.44, "County Road System," and section 336.41, which is referenced by section 336.44. These statutes provide in relevant part: 255.20 Local bids and contracts for public construction works; specification of state-produced lumber.— (1) A county ......
...s out on contract, in accordance with s. 336.41(3). (2) Such contracts shall be let to the lowest competent bidder.... (3) Upon accepting a satisfactory bid, the commissioners shall enter into a contract with the party whose bid has been accepted. §§ 255.20(1), 336.41(1), (3), 336.44(1)-(3), Fla.Stat....
...all use the best method available for obtaining construction services, including any accepted method utilized by government or private industry, the Procurement Code cannot be interpreted to authorize methods which are inconsistent with general law. Section 255.20, Florida Statutes, authorizes the award of contracts by a variety of methods, some of which would include the type *451 of short-listing procedure used here, while sections 336.41 and 336.44, which are specific to county road and bridg...
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Cited as authorityWhite (2012)
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Cited as authorityStephens (2004)
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·Paul Jacquin & Sons, Inc. v. City of Port St. Lucie, 69 So. 3d 306 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 11756, 2011 WL 3111937

this right in its Invitation to Bid and by section 255.20(l)(d)l., Florida Statutes (2009). However,
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Cited as authority(citing case) (2021)
phrase: "rule_authority"
Cited as authority(citing case) (2018)
phrase: "rule_authority"
Cited as authorityMarcus (2016)
phrase: "rule_authority"
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Tran Constr., Inc. v. Miami-Dade Cnty., 77 So. 3d 708 (Fla. 3d DCA 2011).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 17758, 2011 WL 5375103

PER CURIAM. Affirmed. See § 255.20(1)(a), Fla....
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·Hartford Cas. Ins. Co. v. CITY OF MARATHON, 825 F. Supp. 2d 1276 (S.D. Fla. 2011).

Published | District Court, S.D. Florida | 2011 WL 5825503

...[9] The United States Court of Federal Claims was formerly known as the United States Claims Court. [10] Like the Federal Miller Act, Florida's Little Miller Act requires that public construction projects be subject to competitive bidding. FLA. STAT. § 255.20 (2009)....
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Cited as authority(citing case) (2020)
phrase: "rule_authority"
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Ago (Fla. Att'y Gen. 2002).

Published | Florida Attorney General Reports

sections 255.20 and 287.055, Florida Statutes. Section 255.20, Florida Statutes, requires a county seeking
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Ago (Fla. Att'y Gen. 1996).

Published | Florida Attorney General Reports

Act, section287.055, Florida Statutes, and section 255.20, Florida Statutes, requiring that the award
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Ago (Fla. Att'y Gen. 2011).

Published | Florida Attorney General Reports

sections 255.20 and 287.055, Florida Statutes. Section 255.20(1), Florida Statutes, provides that: "A .
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Am. Eng'g & Dev. Corp. v. Town of Highland Beach, 20 So. 3d 1000 (Fla. 4th DCA 2009).

Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 16088, 2009 WL 3446532

...bidder, which the Town determined was a qualified, responsive, and responsible bidder. We agree with the trial court that American Engineering did not demonstrate a likelihood of success on the merits to justify the award of a temporary injunction. Section 255.20(1)(d)1., Florida Statutes (2009), states that if public construction work "[i]s to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or munici...
...American Engineering did not list projects performed for municipalities or projects on which it was the prime contractor, as the bidding specifications required; therefore, American Engineering was not a responsive bidder. The Town's decision to award the contract to the second-lowest bidder was permissible pursuant to section 255.20(1)(d)1., Florida Statutes, which states that the competitive bidding requirement "is not intended to restrict the rights of any local government to reject the low bid of a nonqualified or nonresponsive bidder and to award the contract to any other qualified and responsive bidder." Affirmed....
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Ago (Fla. Att'y Gen. 2009).

Published | Florida Attorney General Reports

property; further, authority must comply with section 255.20, Florida Statutes, in those cases where authority
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Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

authorized to use the procedures set forth in section 255.20, Florida Statutes, to satisfy the competitive
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Hartford Cas. Ins. v. City of Marathon, 825 F. Supp. 2d 1276 (S.D. Fla. 2011).

Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 133511

be subject to competitive bidding. Fla. Stat. § 255.20 (2009). The Parties dispute whether the Area 7
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Ago (Fla. Att'y Gen. 2010).

Published | Florida Attorney General Reports

safety and welfare by the Florida Legislature.4 Section 255.20, Florida Statutes, describes the process for
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Ago (Fla. Att'y Gen. 2003).

Published | Florida Attorney General Reports

pursuant to the requirement in the city's charter. Section 255.20(1), Florida Statutes, in part, provides: "A
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Ago (Fla. Att'y Gen. 1996).

Published | Florida Attorney General Reports

...Edwards, Esquire Northern Palm Beach County Improvement District Post Office Box 2775 Palm Beach, Florida 33480-2775 Dear Mr. Edwards: You have asked substantially the following questions: 1. Is the Northern Palm Beach County Improvement District authorized to use the competitive bidding procedures set forth in section 255.20 , Florida Statutes, in addition to those in section 298.35, Florida Statutes? 2. May the Northern Palm Beach County Improvement District use the provisions of section 255.20 , Florida Statutes, to hire a managing general contractor who will, in turn, use the competitive bidding procedures in the statute to hire subcontractors to work on district projects? In sum: 1. Sections 255.20 and 298.35, Florida Statutes, may be read together to provide direction to the Northern Palm Beach County Improvement District in competitively bidding contracts for works and improvements within the district. 2. The Northern Palm Beach County Improvement District is authorized to hire a managing general contractor utilizing the competitive bidding procedures set forth in section 255.20 , Florida Statutes, the district previously having complied with the requirements of the statute for such an action....
...akes this procedure the exclusive method for letting contracts for works and improvements. 3 Rather, section 298.35, Florida Statutes, appears to represent a minimum procedure to which supplementary requirements may be added by the special district. Section 255.20 , Florida Statutes, requires counties, municipalities, special districts as defined in chapter 189, or other political subdivisions of the state that are seeking to construct or improve public construction works to competitively award these projects....
...prices, "and any other contract arrangement with a private sector contractor permitted by any applicable municipal or county ordinance, by district resolution, or by state law." 6 Exceptions to the stat-ute are recognized for emergency situations. 7 Section 255.20 , Florida Statutes, contains more specific provisions relating to competitive bids for public construction contracts undertaken by special districts than does section 298.35, Florida Statutes. As discussed above, section 255.20 recognizes a threshold amount and expressly authorizes certain kinds of contract arrangements with private sector contractors. It also makes provision for emergency situations in which competitive bids may pose a danger to the public safety or health or an interruption of essential governmental services. In short, when the two statutes are read together, section 255.20 , Florida Statutes, adds depth to the requirements of section 298.35, Florida Statutes. Therefore, it is my opinion that sections 255.20 and 298.35, Florida Statutes, may be read together to provide direction to the Northern Palm Beach County Improvement District in competitively bidding contracts for works and improvements within the district. Question Two You also ask whether the Northern Palm Beach County Improvement District may use the provisions of section 255.20 , Florida Statutes, to hire a managing general contractor who will, in turn, use the competitive bidding procedures in the statute to hire subcontractors to work on district projects. Section 255.20 (1), Florida Statutes, provides: This subsection expressly allows contracts for construction management services, design/build contracts, continuation contracts based on unit prices, and any other contract arrangement with a private sector contractor permitted by any applicable municipal or county ordinance, by district resolution, or by state law. (e.s.) Thus, section 255.20 , Florida Statutes, clearly authorizes a special district to enter into other types of contractual arrangements with private contractors pursuant to a resolution of the district. Information you have supplied indicates that the district passed such a resolution in January 1996, authorizing the use of competitive award methodologies under section 255.20 , Florida Statutes, to secure contracts for "managing general contractors." 8 Therefore, in light of my response to Question One and the adoption of a district resolution providing for such action, the district is authorized to employ a managing general contractor using the competitive bid procedures set forth in section 255.20 , Florida Statutes....
...: "[i]n addition to the powers provided for in chapter 59-994, Laws of Florida, as amended, chapter 298 , Florida Statutes, and other applicable laws, Northern Palm Beach County Water Control District shall have the following powers. . . ." (e.s.) 4 Section 255.20 (1), Fla. Stat. (1995). But see, s. 2, Ch. 94-175, Laws of Florida, which provides that "[t]his act does not apply to any project that is permitted and for which construction actually begins before October 1, 1995." 5 Section 255.20 (1), Fla. Stat. (1995). 6 Id. 7 Section 255.20 (1)(a)1., Fla....

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.