Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on December 10, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PREVAILING WAGE; AMENDING SECTION 26-5 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") RELATING TO WAGES AND FRINGE BENEFITS ON COUNTY CONSTRUCTION CONTRACTS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
The proposed Ordinance was prepared by the County Attorney's Office as directed by the Board of County Commissioners ("Board") on April 16, 2024.
What Action Accomplishes
Enables the setting of a public hearing during which the Board may consider enacting the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
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Previous Action Taken
Summary Explanation/Background
In 1983 the Broward County Board of County Commissioners enacted Section 26-5 of the Broward County Code of Ordinances ("Prevailing Wage Ordinance"), establishing a prevailing wage requirement for construction contracts exceeding $250,000.
The Governor signed House Bill 705 ("HB 705"), which had been passed during the 2024 legislative session. Prior to the adoption of HB 705, Section 255.0992, Florida Statutes, generally prohibited the County from requiring contractors or subcontractors to pay a predetermined amount of wages or benefits ("prevailing wage") to their employees for public works projects funded with state-appropriated funds. HB 705 amended Section 255.0992, Florida Statutes, to extend the prohibition to public works projects funded with local funds commencing July 1, 2024.
Since the July 1 effective date, all affected solicitations have been compliant with this change in law; the proposed Ordinance amends the Prevailing Wage Ordinance to be consistent with state law and current practice.
In addition, the proposed Ordinance includes definitions and, when permitted under state law, applies the prevailing wage requirement to contracts for more than $250,000 of construction, alteration, repair, demolition, reconstruction, or any other improvements. For example, the prevailing wage requirement may permissibly be applied to surtax-funded projects and to leases with Broward County, such as airport leases requiring capital improvements of more than $250,000.
Source of Additional Information
Adam Katzman, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The Fiscal Impact Statement by the Office of Management and Budget will be provided at the time of the public hearing, in compliance with Section 18.5(e)(7) of the Broward County Administrative Code.