Florida Senate - 2017 SB 534 By Senator Perry 8-00450B-17 2017534__ 1 A bill to be entitled 2 An act relating to public works projects; creating s. 3 255.0992, F.S.; providing definitions; prohibiting the 4 state and political subdivisions that contract for 5 public works projects from imposing restrictive 6 conditions on certain contractors, subcontractors, or 7 material suppliers or carriers; prohibiting the state 8 and political subdivisions from restricting qualified 9 bidders from submitting bids or being awarded 10 contracts; providing applicability; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 255.0992, Florida Statutes, is created 16 to read: 17 255.0992 Public works projects; prohibited governmental 18 actions.— 19 (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. The term includes, but is not limited 23 to, a county; a city, town, or other municipality; or a 24 department, commission, authority, school district, taxing 25 district, water management district, board, public corporation, 26 institution of higher education, or other public agency or body 27 thereof authorized to expend public funds for construction, 28 maintenance, repair, or improvement of public works. 29 (b) “Public works project” means an activity that is paid 30 for in whole or in part with state funds and that consists of 31 the construction, maintenance, repair, renovation, remodeling, 32 or improvement of a building, road, street, sewer, storm drain, 33 water system, site development, irrigation system, reclamation 34 project, gas or electrical distribution system, gas or 35 electrical substation, or other facility, project, or portion 36 thereof that is owned in whole or in part by any political 37 subdivision. 38 (2)(a) Except as required by federal or state law, the 39 state or any political subdivision that contracts for a public 40 works project may not require that a contractor, subcontractor, 41 or material supplier or carrier engaged in such project: 42 1. Pay employees a predetermined amount of wages or 43 prescribe any wage rate; 44 2. Provide employees a specified type, amount, or rate of 45 employee benefits; 46 3. Control, limit, or expand staffing; or 47 4. Recruit, train, or hire employees from a designated, 48 restricted, or single source. 49 (b) The state or any political subdivision that contracts 50 for a public works project may not prohibit any contractor, 51 subcontractor, or material supplier or carrier able to perform 52 such work who is qualified, licensed, or certified as required 53 by state law to perform such work from submitting a bid on the 54 public works project or being awarded any contract, subcontract, 55 material order, or carrying order. 56 (3) This section does not apply to contracts executed under 57 chapter 337. 58 Section 2. This act shall take effect July 1, 2017.