Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 598
       
       
       
       
       
       
                                Ì846642/Î846642                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/26/2016           .                                
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       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 255.0992, Florida Statutes, is created
    6  to read:
    7         255.0992 Public works projects; prohibited governmental
    8  actions.—
    9         (1) As used in this section, the term:
   10         (a) “Political subdivision” means a separate agency or unit
   11  of local government created or established by law or ordinance
   12  and the officers thereof. The term includes, but is not limited
   13  to, a county; a city, town, or other municipality; or a
   14  department, commission, authority, school district, taxing
   15  district, water management district, board, public corporation,
   16  institution of higher education, or other public agency or body
   17  thereof authorized to expend public funds for construction,
   18  maintenance, repair, or improvement of public works.
   19         (b) “Public works project” means an activity that is paid
   20  for in whole or in part with state funds and that consists of
   21  the construction, maintenance, repair, renovation, remodeling,
   22  or improvement of a building, road, street, sewer, storm drain,
   23  water system, site development, irrigation system, reclamation
   24  project, gas or electrical distribution system, gas or
   25  electrical substation, or other facility, project, or portion
   26  thereof that is owned in whole or in part by any political
   27  subdivision.
   28         (2)(a) Except as required by federal or state law, the
   29  state or any political subdivision that contracts for a public
   30  works project may not require that a contractor, subcontractor,
   31  or material supplier or carrier engaged in such project:
   32         1. Pay employees a predetermined amount of wages or
   33  prescribe any wage rate;
   34         2. Provide employees a specified type, amount, or rate of
   35  employee benefits;
   36         3. Control, limit, or expand staffing; or
   37         4. Recruit, train, or hire employees from a designated,
   38  restricted, or single source.
   39         (b) The state or any political subdivision that contracts
   40  for a public works project may not prohibit any contractor,
   41  subcontractor, or material supplier or carrier able to perform
   42  such work who is qualified, licensed, or certified as required
   43  by state law to perform such work from submitting a bid on the
   44  public works project or being awarded any contract, subcontract,
   45  material order, or carrying order.
   46         (3) This section does not apply to contracts executed under
   47  chapter 337.
   48         Section 2. This act shall take effect July 1, 2016.
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51  And the title is amended as follows:
   52         Delete everything before the enacting clause
   53  and insert:
   54                        A bill to be entitled                      
   55         An act relating to public works projects; creating s.
   56         255.0992, F.S.; providing definitions; prohibiting the
   57         state and political subdivisions that contract for
   58         public works projects from imposing restrictive
   59         conditions on certain contractors, subcontractors, or
   60         material suppliers or carriers; prohibiting the state
   61         and political subdivisions from restricting qualified
   62         bidders from submitting bids or being awarded
   63         contracts; providing applicability; providing an
   64         effective date.