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.