Design and Construction Report staff writer
State Sen. Nick DiCeglie, R-St. Petersburg, has filed legislation aimed at ensuring subcontractors on Florida’s major infrastructure projects are paid even when prime contractors fail to settle accounts.
Senate Bill 1080, filed Monday for the 2026 legislative session, would give the Florida Department of Transportation the authority to bypass prime contractors and issue payments directly to first-tier subcontractors under certain conditions.
The proposed legislation mandates that:
-
Formal Takeover Agreements: The department and the surety must enter into a formal “takeover agreement” to resume work if a project is not completed by the prime contractor.
-
Pre-qualification Standards: Any completion contractor brought in by the surety must meet the same pre-qualification standards as the original contractor.
-
Flow-down Protections: The surety must follow department procedures to ensure any remaining subcontractors are paid for work completed.
Under the bill, the state could pay a subcontractor directly if a prime contractor has not requested payment for at least six months. To qualify, subcontractors must provide a signed contract, proof of completed work, and show there is no documented or “good faith” dispute with the prime contractor.
Direct payments issued by the state would be deducted from the total amount owed to the prime contractor.
If approved by the Legislature and signed by the governor, the law would take effect July 1.
