August 24, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 235
Educational Facilities
View Entire Chapter
Section 235.32, Florida Statutes 2001

235.32  Substance of contract; contractors to give bond; penalties.--Each board shall develop contracts consistent with this chapter and statutes governing public facilities. Such a contract must contain the drawings and specifications of the work to be done and the material to be furnished, the time limit in which the construction is to be completed, the time and method by which payments are to be made upon the contract, and the penalty to be paid by the contractor for any failure to comply with the terms of the contract. The board may require the contractor to pay a penalty for any failure to comply with the terms of the contract and may provide an incentive for early completion. Upon accepting a satisfactory bid, the board shall enter into a contract with the party or parties whose bid has been accepted. The contractor shall furnish the board with a performance and payment bond as set forth in s. 255.05. A board or other public entity may not require a contractor to secure a surety bond under s. 255.05 from a specific agent or bonding company. Notwithstanding any other provision of this section, if 25 percent or more of the costs of any construction project is paid out of a trust fund established pursuant to 131 U.S.C. s. 1243(a)(1), laborers and mechanics employed by contractors or subcontractors on such construction will be paid wages not less than those prevailing on similar construction projects in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. A person, firm, or corporation that constructs any part of any educational plant, or addition thereto, on the basis of any unapproved plans or in violation of any plans approved in accordance with the provisions of this chapter and rules of the Commissioner of Education relating to building standards or specifications is subject to forfeiture of bond and unpaid compensation in an amount sufficient to reimburse the board for any costs that will need to be incurred in making any changes necessary to assure that all requirements are met and is also guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for each separate violation.

History.--s. 932, ch. 19355, 1939; CGL 1940 Supp. 892(318); s. 4, ch. 21989, 1943; s. 13, ch. 29754, 1955; s. 120, ch. 65-239; s. 1, ch. 69-300; s. 141, ch. 71-136; s. 11, ch. 74-374; s. 17, ch. 77-458; s. 2, ch. 79-14; s. 1, ch. 80-81; s. 9, ch. 80-414; ss. 50, 52, ch. 81-223; s. 1, ch. 84-349; ss. 19, 26, 27, ch. 85-116; s. 1, ch. 85-130; ss. 1, 4, ch. 86-1; s. 8, ch. 94-292; s. 35, ch. 95-269; s. 147, ch. 97-190; s. 1, ch. 2001-118.

1Note.--This section no longer exists at this location.

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