Bill Text: FL S0794 | 2012 | Regular Session | Introduced

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Bill Title: Public Contracting

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Budget [S0794 Detail]

Download: Florida-2012-S0794-Introduced.html

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       Florida Senate - 2012                                     SB 794
       
       
       
       By Senator Hays
       
       
       
       
       20-00466A-12                                           2012794__
    1                        A bill to be entitled                      
    2         An act relating to public contracting; providing
    3         definitions for the terms “governmental unit” and
    4         “facility”; prohibiting a governmental unit that
    5         contracts for the construction, repair, remodeling, or
    6         improving of a facility from imposing conditions that
    7         requires, prohibits, encourages, or discourages
    8         certain bidders, contractors, or subcontractors from
    9         entering into or adhering to agreements with a
   10         collective bargaining organization; prohibiting a
   11         governmental unit from granting certain awards as a
   12         condition of certain contracts; prohibiting certain
   13         terms from being placed in bid specifications, project
   14         agreements, or other controlling documents; providing
   15         exceptions; amending s. 120.57, F.S.; revising the
   16         period during which an agency must file a protest
   17         following certain contract solicitations or awards;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. (1) As used in this section, the term:
   23         (a) “Facility” means an actual physical improvement to real
   24  property that is owned or leased, directly or through a building
   25  authority, by a governmental unit, including, but not limited
   26  to, roads, bridges, runways, rails, or a building or structure,
   27  along with the building’s or structure’s grounds, approaches,
   28  services, and appurtenances.
   29         (b) “Governmental unit” means this state; a county,
   30  municipality, school district, Florida college system
   31  institution, or public university that receives appropriations
   32  from this state; or any agency, board, commission, authority, or
   33  instrumentality of the state.
   34         (2) A governmental unit may not enter into or expend funds
   35  under a contract for the construction, repair, remodeling, or
   36  demolition of a facility if the contract or a subcontract under
   37  the contract contains a term that:
   38         (a) Requires, prohibits, encourages, or discourages
   39  bidders, contractors, or subcontractors from entering into or
   40  adhering to agreements with a collective bargaining organization
   41  relating to the construction project or other related
   42  construction projects.
   43         (b) Discriminates against bidders, contractors, or
   44  subcontractors based on the status as a party or nonparty to, or
   45  the willingness or refusal to enter into, an agreement with a
   46  collective bargaining organization relating to the construction
   47  project or other related construction projects.
   48         (3) A governmental unit may not award a grant, tax
   49  abatement, or tax credit that is conditioned upon a requirement
   50  that the awardee include a term described in paragraph (2)(a) or
   51  paragraph (2)(b) in a contract document for any construction,
   52  improvement, maintenance, or renovation to real property or
   53  fixtures that are the subject of the grant, tax abatement, or
   54  tax credit. This section does not prohibit a governmental unit
   55  from awarding a grant, tax abatement, or tax credit to a private
   56  owner, bidder, contractor, or subcontractor who enters into or
   57  who is party to an agreement with a collective bargaining
   58  organization, if being or becoming a party or adhering to an
   59  agreement with a collective bargaining organization is not a
   60  condition for award of the grant, tax abatement, or tax credit,
   61  and if the governmental unit does not discriminate against a
   62  private owner, bidder, contractor, or subcontractor in the
   63  awarding of that grant, tax abatement, or tax credit based upon
   64  the status as being or becoming, or the willingness or refusal
   65  to become, a party to an agreement with a collective bargaining
   66  organization.
   67         (4) A governmental unit or a construction manager or other
   68  contracting entity acting on behalf of a governmental unit may
   69  not place any of the terms described in subsection (2) in bid
   70  specifications, project agreements, or other controlling
   71  documents relating to the construction, repair, remodeling, or
   72  demolition of a facility. Any such included term is void and of
   73  no effect.
   74         (5) This section does not:
   75         (a) Apply to construction contracts executed before the
   76  effective date of this act.
   77         (b) Prohibit employers or other parties from entering into
   78  agreements or engaging in any other activity protected by the
   79  National Labor Relations Act, 29 U.S.C. ss. 151-169.
   80         (c) Interfere with labor relations of parties that are
   81  protected under the National Labor Relations Act, 29 U.S.C. ss.
   82  151-169.
   83         Section 2. Paragraph (b) of subsection (3) of section
   84  120.57, Florida Statutes, is amended to read:
   85         120.57 Additional procedures for particular cases.—
   86         (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
   87  CONTRACT SOLICITATION OR AWARD.—Agencies subject to this chapter
   88  shall use the uniform rules of procedure, which provide
   89  procedures for the resolution of protests arising from the
   90  contract solicitation or award process. Such rules shall at
   91  least provide that:
   92         (b) Any person who is adversely affected by the agency
   93  decision or intended decision shall file with the agency a
   94  notice of protest in writing within 72 hours after the posting
   95  of the notice of decision or intended decision. With respect to
   96  a protest of the terms, conditions, and specifications contained
   97  in a solicitation, including any provisions governing the
   98  methods for ranking bids, proposals, or replies, awarding
   99  contracts, reserving rights of further negotiation, or modifying
  100  or amending any contract, the notice of protest shall be filed
  101  in writing within 7 days 72 hours after the posting of the
  102  solicitation. The formal written protest shall be filed within
  103  10 days after the date the notice of protest is filed. Failure
  104  to file a notice of protest or failure to file a formal written
  105  protest shall constitute a waiver of proceedings under this
  106  chapter. The formal written protest shall state with
  107  particularity the facts and law upon which the protest is based.
  108  Saturdays, Sundays, and state holidays shall be excluded in the
  109  computation of the 72-hour time periods provided by this
  110  paragraph.
  111         Section 3. This act shall take effect upon becoming a law.