Section 235.31, Florida Statutes 2001
235.31 Advertising and awarding contracts; prequalification of contractor.--
(1)(a) As soon as practicable after any bond issue has been voted upon and authorized or funds have been made available for the construction, remodeling, renovation, demolition, or otherwise for the improvement, of any educational or ancillary plant, and after plans for the work have been approved, the board, if competitively bidding the project pursuant to s. 235.211, after advertising the same in the manner prescribed by law or rule, shall award the contract for the building or improvements to the lowest responsible bidder. However, if after taking all deductive alternates, the bid of the lowest responsible bidder exceeds the construction budget for the project established at the phase III submittal, the board may declare an emergency. After stating the reasons why an emergency exists, the board may negotiate the construction contract or modify the contract, including the specifications, with the lowest responsible bidder and, if the contract is modified, shall resubmit the documents to the authorized review authority for review to confirm that the project remains in compliance with building and fire codes. The board may reject all bids received and may readvertise, calling for new bids.
(b) Each board may declare an emergency pursuant to this subsection. A situation created by fire, storm, or other providential cause resulting in:
1. Imminent danger to life or safety; or
2. Overcrowding of students
constitutes an emergency.
(c) As an option, any county, municipality, community college, or district school board may set aside up to 10 percent of the total amount of funds allocated for the purpose of entering into construction capital project contracts with minority business enterprises, as defined in s. 287.094. Such contracts shall be competitively bid only among minority business enterprises. The set-aside shall be used to redress present effects of past discriminatory practices and shall be subject to periodic reassessment to account for changing needs and circumstances.
(2) Boards shall prequalify bidders for construction contracts according to rules prescribed by the Commissioner of Education which require the prequalification of bidders of educational facilities construction. Boards shall require that all construction or capital improvement bids be accompanied by evidence that the bidder holds an appropriate certificate or license or that the prime contractor has a current valid license.
(3) A public agency that is authorized to purchase services for maintenance, repair, and site improvement of facilities on behalf of various agencies of a county must give the school board in that county the option of purchasing those services for educational facilities and ancillary plants under those contracts at the unit prices stated in those contracts. However, the person providing those services under such a contract may, without jeopardizing the contract, refuse to provide the services to the school board. The school board may purchase those services under such a contract only if the purchase is to the economic advantage of the school district and the services conform to the standards and specifications prescribed by rules of the Commissioner of Education and, if applicable, to the requirements of s. 287.055. This subsection does not apply to contracts in existence on July 1, 1994.
History.--s. 931, ch. 19355, 1939; CGL 1940 Supp. 892(317); ss. 1, 2, ch. 57-396; ss. 1, 2, ch. 63-500; s. 119, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 10, ch. 74-374; s. 14, ch. 75-292; s. 16, ch. 77-458; s. 104, ch. 79-400; s. 9, ch. 80-414; ss. 28, 50, 52, ch. 81-223; ss. 11, 14, ch. 82-240; s. 104, ch. 83-217; s. 108, ch. 84-336; s. 1, ch. 84-349; ss. 18, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 6, ch. 89-226; s. 16, ch. 89-278; s. 3, ch. 89-381; s. 7, ch. 94-292; ss. 19, 35, ch. 95-269; s. 3, ch. 95-410; s. 146, ch. 97-190; s. 1, ch. 98-35; s. 11, ch. 99-329.