Florida Senate - 2015                                     SB 934
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-01327A-15                                           2015934__
    1                        A bill to be entitled                      
    2         An act relating to public works projects; providing
    3         definitions; prohibiting 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 state
    9         and political subdivisions from restricting qualified
   10         bidders from submitting bids, being awarded any bid or
   11         contract, or performing work on a public works
   12         project; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Project labor agreements for certain publicly
   17  funded public works projects.—
   18         (1) As used in this section, the term:
   19         (a) “Political subdivision” means a separate agency or unit
   20  of local government created or established by law or ordinance
   21  and the officers thereof. The term includes, but is not limited
   22  to, a county; a city, town, or other municipality; or a
   23  department, commission, authority, school district, tax
   24  district, water management district, board, public corporation,
   25  institution of higher education, or other public agency or body
   26  authorized to expend public funds for construction, maintenance,
   27  repair, or improvement of public works.
   28         (b) “Project labor agreement” means an arrangement
   29  mentioned, detailed, or outlined within the project plans, the
   30  specifications, or any bidding document of a public works
   31  project that:
   32         1. Imposes requirements, controls, or limitations on
   33  staffing, sources of employee referrals, assignments of work,
   34  sources of insurance or benefits, including health, life, and
   35  disability insurance and retirement pensions, training programs
   36  or standards, or wages; or
   37         2. Requires a contractor to enter into any sort of
   38  agreement as a condition of submitting a bid that directly or
   39  indirectly limits or requires the contractor to recruit, train,
   40  or hire employees from a particular source to perform work on
   41  public works or a public works project.
   42         (c) “Public works” or “public works project” means a
   43  building, road, street, sewer, storm drain, water system, site
   44  development, irrigation system, reclamation project, gas or
   45  electrical distribution system, gas or electrical substation, or
   46  other facility, project, or portion thereof, including repair,
   47  renovation, or remodeling, owned, in whole or in part, by any
   48  political subdivision that is to be paid for in whole or in part
   49  with state funds.
   50         (2)(a) Except as provided in paragraph (b) or as required
   51  by federal or state law, the state or any political subdivision
   52  that contracts for the construction, maintenance, repair, or
   53  improvement of public works may not require that a contractor,
   54  subcontractor, or material supplier or carrier engaged in the
   55  construction, maintenance, repair, or improvement of public
   56  works:
   57         1. Pay employees a predetermined amount of wages or wage
   58  rate;
   59         2. Provide employees a specified type, amount, or rate of
   60  employee benefits;
   61         3. Control or limit staffing;
   62         4. Recruit, train, or hire employees from a designated or
   63  single source;
   64         5. Designate any particular assignment of work for
   65  employees;
   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
   69  prevailing or minimum wages to persons working on projects
   70  funded in whole or in part by federal funds is required under
   71  federal law.
   72         (3) The state or any political subdivision that contracts
   73  for the construction, maintenance, repair, or improvement of
   74  public works shall not require that a contractor, subcontractor,
   75  or material supplier or carrier engaged in the construction,
   76  maintenance, repair, or improvement of public works execute or
   77  otherwise become a party to any agreement with employees, their
   78  representatives, or any labor organization as described in 29
   79  U.S.C. s. 152(5) and 42 U.S.C. s. 2000e(d), including any area
   80  wide, regional, or state building or construction trade or
   81  crafts council, organization, association, or similar body, as a
   82  condition of bidding, negotiating, being awarded any bid or
   83  contract, or performing work on a public works project.
   84         (4) The state or any political subdivision that contracts
   85  for the construction, maintenance, repair, or improvement of any
   86  public works project may not prohibit a contractor,
   87  subcontractor, or material supplier or carrier engaged in the
   88  construction, maintenance, repair, or improvement of public
   89  works who is qualified, licensed, or certified to do any of the
   90  work described in the bid documents from submitting bids, being
   91  awarded any bid or contract, or performing work on a public
   92  works project.
   93         Section 2. This act shall take effect upon becoming a law.