Commission discussion and/or action re: First Reading of an Ordinance of the City of Sunrise, Florida, Amending Chapter 5 "Finance and Taxation," Article V "Purchasing and Contracting," Division 3 "Procedure," by amending Section 5-179 "Local Contractor Preference;" to conform with Amendments to State Law; providing for conflict; providing for severability; providing for inclusion in the City Code; and providing for an effective date. City Manager Mark Lubelski. Thomas P. Moss, City Attorney.

During the 2025 legislative session, the Florida Legislature passed House Bill 683 "Construction Regulations," which the Governor signed into law as Chapter No. 2025-140 on June 13, 2025. House Bill 683 amended Section 255.0992, Florida Statutes, by adding subsection (2)(d) to prohibit local governments from penalizing a bidder for performing a larger volume of construction work or rewarding a bidder for performing a smaller volume of construction work for the local government when scoring or evaluating bids for a public works project. Prior to this amendment, there was no such prohibition against a city considering a bidder's volume of construction work for the city.

Section 5-179(c) of the Code of the City of Sunrise, Florida, prohibits bidders from having "more than three (3) awarded and incomplete qualified construction projects with the city at any given time." A “qualified construction project” is defined as a construction project with an estimated construction value of one million dollar ($1,000,000.00) or more, excluding the owner’s allowance, and excludes projects with funding source restrictions, such as grants.

Because this section of the City Code would disqualify certain bidders with a larger volume of City construction projects, it is recommended that Section 5-179 of the City Code be amended to conform to the recently amended state statute.