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.