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.