Florida Senate - 2016                                     SB 598
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00262A-16                                           2016598__
    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 the
    5         construction, maintenance, repair, or improvement of
    6         public works from imposing restrictive conditions on
    7         contractors, subcontractors, or material suppliers or
    8         carriers; prohibiting the state and political
    9         subdivisions from restricting qualified bidders from
   10         submitting bids; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 255.0992, Florida Statutes, is created
   15  to read:
   16         255.0992 Public works projects; prohibited governmental
   17  actions.—
   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 municipality; or an authority, board,
   23  commission, department, institution of higher education, public
   24  corporation, school district, taxing district, water management
   25  district, or other public agency or body authorized to expend
   26  public funds for construction, maintenance, repair, or
   27  improvement of public works.
   28         (b) “Public works” or “public works project” means a
   29  building, road, street, sewer, storm drain, water system, site
   30  development, irrigation system, reclamation project, gas or
   31  electrical distribution system, gas or electrical substation, or
   32  other facility, project, or portion thereof, including repair,
   33  renovation, or remodeling, owned, in whole or in part, by any
   34  political subdivision for which a project for construction,
   35  maintenance, repair, or improvement of public works is to be
   36  paid for, in whole or in part, with state funds.
   37         (2) Except as required by federal or state law, the state
   38  or any political subdivision that contracts for the
   39  construction, maintenance, repair, or improvement of public
   40  works may not require that a contractor, subcontractor, or
   41  material supplier or carrier engaged in the construction,
   42  maintenance, repair, or improvement of public works:
   43         (a) Pay employees a predetermined amount of wages or
   44  prescribe any wage rate;
   45         (b) Provide employees a specified type, amount, or rate of
   46  employee benefits;
   47         (c) Control, limit, or expand staffing; or
   48         (d) Recruit, train, or hire employees from a designated,
   49  restricted, or single source.
   50         (3) The state or any political subdivision that contracts
   51  for any construction, maintenance, repair, or improvement of
   52  public works may not prohibit any contractor, subcontractor, or
   53  material supplier or carrier able to perform construction,
   54  maintenance, repair, or improvement of public works who is
   55  qualified, licensed, or certified as required by state law to
   56  perform such work from submitting a bid on any public works
   57  project.
   58         Section 2. This act shall take effect July 1, 2016.