HB 923

1
A bill to be entitled
2An act relating to public works projects; providing
3definitions; prohibiting the state and political
4subdivisions that contract for the construction,
5maintenance, repair, or improvement of public works from
6imposing certain conditions on certain contractors,
7subcontractors, or material suppliers or carriers;
8providing an exception; prohibiting the state and
9political subdivisions from restricting qualified bidders
10from submitting bids, being awarded any bid or contract,
11or performing work on a public works project; amending s.
12120.57, F.S.; revising written protest filing requirements
13for protests to contract solicitations or awards;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  (1)  As used in this section, the term:
19     (a)  "Political subdivision" means a separate agency or
20unit of local government created or established by law or
21ordinance and the officers thereof and includes, but is not
22limited to, a county, city, town, or other municipality,
23department, commission, authority, school district, tax
24district, water management district, board, public corporation,
25institution of higher education, or other public agency or body
26authorized to expend public funds for construction, maintenance,
27repair, or improvement of public works.
28     (b)  "Project labor agreement" means an arrangement
29mentioned, detailed, or outlined within the project plans,
30specifications, or any bidding documents of a public works
31project that:
32     1.  Imposes requirements, controls, or limitations on
33staffing, sources of employee referrals, assignments of work,
34sources of insurance or benefits, including health, life, and
35disability insurance and retirement pensions, training programs
36or standards, or wages; or
37     2.  Requires a contractor to enter into any sort of
38agreement as a condition of submitting a bid that directly or
39indirectly limits or requires the contractor to recruit, train,
40or hire employees from a particular source to perform work on
41public works or a public works project.
42     (c)  "Public works" or "public works project" means a
43building, road, street, sewer, storm drain, water system,
44irrigation system, reclamation project, gas or electrical
45distribution system, gas or electrical substation, or other
46facility, project, or portion thereof, including repair,
47renovation, or remodeling, owned, in whole or in part by any
48political subdivision, and that is to be paid for in whole or in
49part with state funds.
50     (2)(a)  Except as provided in paragraph (b), or as required
51by federal or state law, the state or any political subdivision
52that contracts for the construction, maintenance, repair, or
53improvement of public works shall not require that a contractor,
54subcontractor, or material supplier or carrier engaged in the
55construction, maintenance, repair, or improvement of public
56works:
57     1.  Pay employees a predetermined amount of wages or wage
58rate;
59     2.  Provide employees a specified type, amount, or rate of
60employee benefits;
61     3.  Control or limit staffing;
62     4.  Recruit, train, or hire employees from a designated or
63single source;
64     5.  Designate any particular assignment of work for
65employees;
66     6.  Participate in proprietary training programs; or
67     7.  Enter into any type of project labor agreement.
68     (b)  Paragraph (a) does not apply if the payment of
69prevailing or minimum wages to persons working on projects
70funded in whole or in part by federal funds is required under
71federal law.
72     (3)  The state or any political subdivision that contracts
73for the construction, maintenance, repair, or improvement of
74public works shall not require that a contractor, subcontractor,
75material supplier, or carrier engaged in the construction,
76maintenance, repair, or improvement of public works execute or
77otherwise become a party to any agreement with employees, their
78representatives, or any labor organization as described in 29
79U.S.C. s. 152(5) and 42 U.S.C. s. 2000e(d), including any
80areawide, regional, or state building or construction trade or
81crafts council, organization, association, or similar body, as a
82condition of bidding, negotiating, being awarded any bid or
83contract, or performing work on a public works project.
84     (4)  The state or any political subdivision that contracts
85for the construction, maintenance, repair, or improvement of any
86public works project shall not prohibit a contractor,
87subcontractor, or material supplier or carrier engaged in the
88construction, maintenance, repair, or improvement of public
89works, who is qualified, licensed, or certified to do any of the
90work described in the bid documents, from submitting bids, being
91awarded any bid or contract, or performing work on a public
92works project.
93     Section 2.  Paragraph (b) of subsection (3) of section
94120.57, Florida Statutes, is amended to read:
95     120.57  Additional procedures for particular cases.-
96     (3)  ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
97CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter
98shall use the uniform rules of procedure, which provide
99procedures for the resolution of protests arising from the
100contract solicitation or award process. Such rules shall at
101least provide that:
102     (b)  Any person who is adversely affected by the agency
103decision or intended decision shall file with the agency a
104notice of protest in writing within 72 hours after the posting
105of the notice of decision or intended decision. With respect to
106a protest of the terms, conditions, and specifications contained
107in a solicitation, including any provisions governing the
108methods for ranking bids, proposals, or replies, awarding
109contracts, reserving rights of further negotiation, or modifying
110or amending any contract, the notice of protest shall be filed
111in writing within 7 days 72 hours after the posting of the
112solicitation. The formal written protest shall be filed within
11310 days after the date the notice of protest is filed. Failure
114to file a notice of protest or failure to file a formal written
115protest shall constitute a waiver of proceedings under this
116chapter. The formal written protest shall state with
117particularity the facts and law upon which the protest is based.
118Saturdays, Sundays, and state holidays shall be excluded in the
119computation of the 72-hour time periods provided by this
120paragraph.
121     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.