Bill Text: FL S1352 | 2011 | Regular Session | Introduced
Bill Title: Public Works Projects
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1352 Detail]
Download: Florida-2011-S1352-Introduced.html
Florida Senate - 2011 SB 1352
By Senator Hays
20-00737A-11 20111352__
1 A bill to be entitled
2 An act relating to public works projects; providing
3 definitions; prohibiting the state and political
4 subdivisions that contract for the construction,
5 maintenance, repair, or improvement of public works
6 from imposing certain conditions on certain
7 contractors, subcontractors, or material suppliers or
8 carriers; providing an exception; prohibiting the
9 state and political subdivisions from restricting
10 qualified bidders from submitting bids, being awarded
11 any bid or contract, or performing work on a public
12 works project; amending s. 120.57, F.S.; revising
13 written protest filing requirements for protests to
14 contract solicitations or awards; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. (1) As used in this section, the term:
20 (a) “Political subdivision” means a separate agency or unit
21 of local government created or established by law or ordinance
22 and the officers thereof and includes, but is not limited to, a
23 county, city, town, or other municipality, department,
24 commission, authority, school district, tax district, water
25 management district, board, public corporation, institution of
26 higher education, or other public agency or body authorized to
27 expend public funds for construction, maintenance, repair, or
28 improvement of public works.
29 (b) “Project labor agreement” means an arrangement
30 mentioned, detailed, or outlined within the project plans,
31 specifications, or any bidding documents of a public works
32 project that:
33 1. Imposes requirements, controls, or limitations on
34 staffing, sources of employee referrals, assignments of work,
35 sources of insurance or benefits, including health, life, and
36 disability insurance and retirement pensions, training programs
37 or standards, or wages; or
38 2. Requires a contractor to enter into any sort of
39 agreement as a condition of submitting a bid that directly or
40 indirectly limits or requires the contractor to recruit, train,
41 or hire employees from a particular source to perform work on
42 public works or a public works project.
43 (c) “Public works” or “public works project” means a
44 building, road, street, sewer, storm drain, water system,
45 irrigation system, reclamation project, gas or electrical
46 distribution system, gas or electrical substation, or other
47 facility, project, or portion thereof, including repair,
48 renovation, or remodeling, owned, in whole or in part by any
49 political subdivision, and that is to be paid for in whole or in
50 part with state funds.
51 (2)(a) Except as provided in paragraph (b), or as required
52 by federal or state law, the state or any political subdivision
53 that contracts for the construction, maintenance, repair, or
54 improvement of public works shall not require that a contractor,
55 subcontractor, material supplier, or carrier engaged in the
56 construction, maintenance, repair, or improvement of public
57 works:
58 1. Pay employees a predetermined amount of wages or wage
59 rate;
60 2. Provide employees a specified type, amount, or rate of
61 employee benefits;
62 3. Control or limit staffing;
63 4. Recruit, train, or hire employees from a designated or
64 single source;
65 5. Designate any particular assignment of work for
66 employees;
67 6. Participate in proprietary training programs; or
68 7. Enter into any type of project labor agreement.
69 (b) Paragraph (a) does not apply if the payment of
70 prevailing or minimum wages to persons working on projects
71 funded in whole or in part by federal funds is required under
72 federal law.
73 (3) The state or any political subdivision that contracts
74 for the construction, maintenance, repair, or improvement of
75 public works shall not require that a contractor, subcontractor,
76 material supplier, or carrier engaged in the construction,
77 maintenance, repair, or improvement of public works execute or
78 otherwise become a party to any agreement with employees, their
79 representatives, or any labor organization as described in 29
80 U.S.C. s. 152(5) and 42 U.S.C. s. 2000e(d), including any
81 areawide, regional, or state building or construction trade or
82 crafts council, organization, association, or similar body, as a
83 condition of bidding, negotiating, being awarded any bid or
84 contract, or performing work on a public works project.
85 (4) The state or any political subdivision that contracts
86 for the construction, maintenance, repair, or improvement of any
87 public works project shall not prohibit a contractor,
88 subcontractor, material supplier, or carrier engaged in the
89 construction, maintenance, repair, or improvement of public
90 works, who is qualified, licensed, or certified to do any of the
91 work described in the bid documents, from submitting bids, being
92 awarded any bid or contract, or performing work on a public
93 works project.
94 Section 2. Paragraph (b) of subsection (3) of section
95 120.57, Florida Statutes, is amended to read:
96 120.57 Additional procedures for particular cases.—
97 (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
98 CONTRACT SOLICITATION OR AWARD.—Agencies subject to this chapter
99 shall use the uniform rules of procedure, which provide
100 procedures for the resolution of protests arising from the
101 contract solicitation or award process. Such rules shall at
102 least provide that:
103 (b) Any person who is adversely affected by the agency
104 decision or intended decision shall file with the agency a
105 notice of protest in writing within 72 hours after the posting
106 of the notice of decision or intended decision. With respect to
107 a protest of the terms, conditions, and specifications contained
108 in a solicitation, including any provisions governing the
109 methods for ranking bids, proposals, or replies, awarding
110 contracts, reserving rights of further negotiation, or modifying
111 or amending any contract, the notice of protest shall be filed
112 in writing within 7 days 72 hours after the posting of the
113 solicitation. The formal written protest shall be filed within
114 10 days after the date the notice of protest is filed. Failure
115 to file a notice of protest or failure to file a formal written
116 protest shall constitute a waiver of proceedings under this
117 chapter. The formal written protest shall state with
118 particularity the facts and law upon which the protest is based.
119 Saturdays, Sundays, and state holidays shall be excluded in the
120 computation of the 72-hour time periods provided by this
121 paragraph.
122 Section 3. This act shall take effect upon becoming a law.
