Bill Text: FL S1098 | 2010 | Regular Session | Introduced

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Bill Title: Public Works Projects [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Commerce [S1098 Detail]

Download: Florida-2010-S1098-Introduced.html

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Florida Senate - 2010                                    SB 1098 
 
By Senator Justice 
16-01017-10                                           20101098__ 
1                        A bill to be entitled 
2         An act relating to public works projects; creating the 
3         “Florida Reemployment Investment Act”; requiring each 
4         state agency and private sector contractor performing 
5         services for a state or local government public works 
6         project being funded by state or federal funds and 
7         administered by a state agency to verify that 100 
8         percent of the onsite employees and independent 
9         contractors are state residents; providing for an 
10         exception; providing for retroactive effect and a 
11         period for compliance for projects begun on or after a 
12         specified date; requiring the Agency for Workforce 
13         Innovation to verify that 100 percent of the employees 
14         and independent contractors at each public works job 
15         site are residents of this state, or that the state 
16         agency or private sector contractor made a good faith 
17         effort to employ Florida residents before the state 
18         agency or private sector contractor sought to employ 
19         persons who are not residents of this state; providing 
20         a civil penalty for noncompliance or bad faith 
21         circumvention of the act; defining terms; requiring 
22         the Agency for Workforce Innovation to adopt rules; 
23         providing an effective date. 
24 
25         WHEREAS, the State of Florida has suffered unemployment 
26  levels that have exceeded 10 percent, and 
27         WHEREAS, the state has an interest in reemploying 
28  unemployed residents to lessen the state’s unemployment 
29  compensation burden to employers, and 
30         WHEREAS, the state has a compelling interest in reemploying 
31  its residents to lessen the need for government services, NOW, 
32  THEREFORE, 
33 
34  Be It Enacted by the Legislature of the State of Florida: 
35 
36         Section 1. (1) This act may be cited as the “Florida 
37  Reemployment Investment Act.” 
38         (2)(a) Each state agency or private sector contractor 
39  performing services for a state or local government public works 
40  project being funded by state or federal funds and administered 
41  by a state agency shall verify that 100 percent of the onsite 
42  employees and independent contractors are residents of this 
43  state or that the state agency and private sector contractor 
44  made a good faith effort to employ Florida residents before the 
45  state agency or private sector contractor sought to employ 
46  persons who are not residents of this state. 
47         (b) Paragraph (a) applies to any public works project that 
48  commenced on or after July 1, 2009, but on or before July 1, 
49  2012. 
50         (c) A state agency or private sector contractor governed by 
51  this section shall comply with paragraph (a) by October 1, 2010, 
52  or 60 days after commencement of the project, whichever occurs 
53  first. 
54         (3) The Agency for Workforce Innovation shall verify that: 
55         (a) One-hundred percent of the employees and independent 
56  contractors at each public works job site are residents of this 
57  state; or 
58         (b) That the state agency or private sector contractor made 
59  a good faith effort to employ Florida residents before the state 
60  agency or private sector contractor sought to employ persons who 
61  are not residents of this state. 
62         (4) A private sector contractor who fails to comply with 
63  this section, or attempts in bad faith to circumvent the 
64  requirements of this section, is liable for a civil penalty up 
65  to $5,000 for each violation of this section. Each day is a 
66  separate violation. 
67         (5) For purposes of this section, the term: 
68         (a) “Commencement of a project” means the first day that 
69  physical construction begins at the job site of the public works 
70  project. 
71         (b) “Resident of this state” or “Florida resident” means a 
72  person who has a valid Florida driver’s license, has a valid 
73  Florida identification card, or has declared his or her 
74  homestead property in this state for at least 1 year before the 
75  date of commencement of the project. 
76         (6) The Agency for Workforce Innovation shall adopt rules 
77  pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to 
78  administer this section. 
79         Section 2. This act shall take effect July 1, 2010.