Florida Senate - 2017                              CS for SB 534
       
       
        
       By the Committee on Community Affairs; and Senator Perry
       
       
       
       
       
       578-02150A-17                                          2017534c1
    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
    5         public works projects from imposing restrictive
    6         conditions on certain contractors, subcontractors, or
    7         material suppliers or carriers; prohibiting the state
    8         and political subdivisions from restricting qualified
    9         bidders from submitting bids or being awarded
   10         contracts; providing an exception; providing
   11         applicability; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 255.0992, Florida Statutes, is created
   16  to read:
   17         255.0992 Public works projects; prohibited governmental
   18  actions.—
   19         (1) As used in this section, the term:
   20         (a) “Political subdivision” means a separate agency or unit
   21  of local government created or established by law or ordinance
   22  and the officers thereof. The term includes, but is not limited
   23  to, a county; a city, town, or other municipality; or a
   24  department, commission, authority, school district, taxing
   25  district, water management district, board, public corporation,
   26  institution of higher education, or other public agency or body
   27  thereof authorized to expend public funds for construction,
   28  maintenance, repair, or improvement of public works.
   29         (b) “Public works project” means an activity of which 50
   30  percent or more of the cost will be paid from state-appropriated
   31  funds that were appropriated at the time of the competitive
   32  solicitation and which consists of the construction,
   33  maintenance, repair, renovation, remodeling, or improvement of a
   34  building, road, street, sewer, storm drain, water system, site
   35  development, irrigation system, reclamation project, gas or
   36  electrical distribution system, gas or electrical substation, or
   37  other facility, project, or portion thereof that is owned in
   38  whole or in part by any political subdivision.
   39         (2)(a) Except as required by federal or state law, the
   40  state or any political subdivision that contracts for a public
   41  works project may not require that a contractor, subcontractor,
   42  or material supplier or carrier engaged in such project:
   43         1. Pay employees a predetermined amount of wages or
   44  prescribe any wage rate;
   45         2. Provide employees a specified type, amount, or rate of
   46  employee benefits;
   47         3. Control, limit, or expand staffing; or
   48         4. Recruit, train, or hire employees from a designated,
   49  restricted, or single source.
   50         (b) The state or any political subdivision that contracts
   51  for a public works project may not prohibit any contractor,
   52  subcontractor, or material supplier or carrier able to perform
   53  such work who is qualified, licensed, or certified as required
   54  by state law to perform such work from submitting a bid on the
   55  public works project or being awarded any contract, subcontract,
   56  material order, or carrying order. This paragraph does not apply
   57  to vendors listed pursuant to s. 287.133 or s. 287.134.
   58         (3) This section does not apply to contracts executed under
   59  chapter 337.
   60         Section 2. This act shall take effect July 1, 2017.