Bill Text: FL S1660 | 2011 | Regular Session | Introduced

---

Bill Title: Public Contracts

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1660 Detail]

Download: Florida-2011-S1660-Introduced.html

---

       Florida Senate - 2011                                    SB 1660
       
       
       
       By Senator Sobel
       
       
       
       
       31-00379A-11                                          20111660__
    1                        A bill to be entitled                      
    2         An act relating to public contracts; providing
    3         legislative findings and intent; requiring each entity
    4         intending to bid or submit a proposal to contract with
    5         the Florida Rail Enterprise or a fixed-guideway
    6         transportation system for goods or services related to
    7         high-speed or other rail systems to certify whether
    8         the entity had any direct involvement in the
    9         deportation of any individual to an extermination
   10         camp, work camp, concentration camp, prisoner-of-war
   11         camp, or any similar camp by whatever name located in
   12         Europe during the period from January 1, 1942, through
   13         December 31, 1944, and if so, whether the entity has
   14         physical possession of records related to the
   15         deportations and has provided restitution to
   16         identifiable victims; authorizing the entity to offer
   17         proof of mitigating circumstances related to acts
   18         committed during the wartime period; requiring that
   19         the Florida Rail Enterprise and other fixed-guideway
   20         transportation system acknowledge receipt of the
   21         information when awarding contracts; providing
   22         definitions; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. High-speed rail and fixed-guideway
   27  transportation systems; contracting procedures; public
   28  disclosure.—
   29         (1) LEGISLATIVE FINDINGS AND INTENT.—
   30         (a) The Legislature finds that the design, engineering,
   31  operation, and maintenance of Florida’s proposed high-speed rail
   32  system and other fixed-guideway transportation systems will be
   33  funded with public moneys provided by federal and state
   34  taxpayers, bond sales, and public-private partnerships following
   35  competitive bidding processes.
   36         (b) The Florida Rail Enterprise and residents of this state
   37  should have the benefit of appropriate and complete disclosure
   38  by all entities competing to build and operate the high-speed
   39  rail system and other fixed-guideway transportation systems.
   40  Such disclosure and related due diligence is essential to this
   41  state’s regulation and oversight of the contracting process and
   42  expenditure of state funds.
   43         (c) It has come to the Legislature’s attention that certain
   44  potential entities that have expressed interest in competing for
   45  publicly funded rail system contracts have engaged in conduct
   46  that the Legislature believes requires public disclosures. For
   47  instance, between 1942 and 1944, many thousands of persons,
   48  including current residents of this state, were deported to
   49  extermination camps, work camps, concentration camps, prisoner
   50  of-war camps, or any similar camps by whatever name in Europe on
   51  trains.
   52         (d) It is the intent of the Legislature that, in the spirit
   53  of complete transparency, the bidding and contract entities
   54  competing for contracts reveal what, if any, relationship the
   55  entity had with those entities that served the interests of
   56  those responsible for the mass deportations in wartime.
   57         (2) CONTRACTING PROCEDURES; FULL DISCLOSURE.—This
   58  subsection establishes the proper procedures for entities that
   59  intend to bid or submit a proposal to contract with the Florida
   60  Rail Enterprise or a fixed-guideway transportation system for
   61  goods or services related to the high-speed and other rail
   62  systems, as contemplated by the Florida Rail Enterprise Act.
   63         (a) Notwithstanding any other law, each entity applying for
   64  a publicly funded contract with the Florida Rail Enterprise or a
   65  fixed-guideway transportation system, including, but not limited
   66  to, the engineering, construction, manufacture, or operation of
   67  a high-speed rail system or other fixed-guideway transportation
   68  system, shall affirmatively certify the following in advance of
   69  submitting a formal bid:
   70         1. Whether the entity had any direct involvement in the
   71  deportation of any individual to an extermination camp, work
   72  camp, concentration camp, prisoner-of-war camp, or any similar
   73  camp in Europe during the period from January 1, 1942, through
   74  December 31, 1944.
   75         2. If an entity responds that it had a direct involvement
   76  in the deportation of any individual, as described in
   77  subparagraph 1., the entity shall certify all of the following:
   78         a. Whether the entity has any records, whenever created, in
   79  its possession, custody, or control related to those
   80  deportations.
   81         b. Whether the entity has taken any remedial action
   82  concerning those deportations, and whether the entity has
   83  provided restitution to all identifiable victims of those
   84  deportations.
   85         (b) An entity that certifies its direct involvement under
   86  this subsection may provide any mitigating circumstances in
   87  narrative or documentary form.
   88         (c) The Florida Rail Enterprise or other fixed-guideway
   89  transportation system shall acknowledge receipt of the
   90  information as required by this subsection when awarding
   91  contracts.
   92         (3) DEFINITIONS.—As used in this section, the term:
   93         (a) “Direct involvement” means ownership or operation of
   94  the trains on which a person was deported to an extermination
   95  camp, work camp, concentration camp, prisoner-of-war camp, or
   96  any similar camp by whatever name in Europe during the period
   97  from January 1, 1942, through December 31, 1944.
   98         (b) “Entity” includes any corporation, affiliate, or other
   99  entity that controls, is controlled by, or is under common
  100  control with, or that is a member of a partnership or a
  101  consortium with, an entity that is subject to this section. An
  102  entity is presumed to be in control of another corporation or
  103  entity if it owns or directly or indirectly controls more than
  104  50 percent of the voting securities or more than 50 percent of
  105  any other ownership interest of the other corporation or entity.
  106  This definition applies irrespective of whether or not the
  107  equity interest in the entity is owned by a foreign state.
  108         (c) “Fixed-guideway transportation system” means a public
  109  transit system for the transporting of people by a conveyance,
  110  or a series of interconnected conveyances, which is specifically
  111  designed for travel on a stationary rail or other guideway,
  112  whether located on, above, or under the ground.
  113         Section 2. This act shall take effect July 1, 2011.