Senate Bill sb1022e2

    SB 1022                                 Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to public procuring and

  3         contracting; providing a short title; providing

  4         a purpose; prohibiting the state, and any

  5         political subdivision, agency, or

  6         instrumentality of the state, from engaging in

  7         specified activities under certain procurement

  8         or contracting circumstances; authorizing

  9         challenge of certain procurement or contracting

10         documents or agreements; providing for award of

11         costs and attorney's fees under certain

12         circumstances; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  (1)  This act may be cited as the "Open

17  Contracting Act."

18         (2)  The purpose of this act is to prohibit the state,

19  and any political subdivision, agency, or instrumentality of

20  the state, from imposing certain labor requirements as a

21  condition of performing public works.  However, nothing in

22  this act shall prohibit bidders, offerors, contractors, or

23  subcontractors from entering into or adhering to agreements

24  with one or more labor organizations on the same or related

25  projects, provided the agreements are made voluntarily and

26  without coercion.

27         (3)  The state, and any political subdivision, agency,

28  or instrumentality of the state, when procuring products or

29  services or letting contracts for the manufacture or

30  construction of public works, or overseeing such procurement,

31  manufacture, or construction, shall ensure that bid


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






    SB 1022                                 Second Engrossed (ntc)



  1  specifications, project agreements, and other controlling

  2  documents entered into, required, or subject to approval by

  3  the state, political subdivision, agency, or instrumentality

  4  do not:

  5         (a)  Require bidders, offerors, contractors, or

  6  subcontractors to enter into or adhere to agreements with one

  7  or more labor organizations on the same or related projects

  8  except in charter counties or counties having a population of

  9  500,000 or more;

10         (b)  Discriminate against bidders, offerors,

11  contractors, or subcontractors for refusing to become or

12  remain signatories or otherwise adhere to agreements with one

13  or more labor organizations on the same or related

14  construction projects except in charter counties or counties

15  having a population of 500,000 or more; or

16         (c)  Require any bidder, offeror, contractor, or

17  subcontractor to enter into, adhere to, or enforce any

18  agreement that requires its employees, as a condition of

19  employment, to become members of or become affiliated with a

20  labor organization except in charter counties or counties

21  having a population of 500,000 or more.

22         (4)  Any bidder, offeror, contractor, or subcontractor

23  that may suffer injury as a direct result of the operation of

24  a bid specification, project agreement, or other controlling

25  document that violates this act shall have standing to

26  challenge those bid specifications, project agreements, or

27  other controlling documents.  The bidder, offeror, contractor,

28  or subcontractor that prevails in such challenge shall be

29  entitled to an award of its reasonable attorney's fees and

30  costs.

31         Section 2.  This act shall take effect October 1, 2001.


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