Florida Senate - 2017 CS for CS for SB 534 By the Committees on Governmental Oversight and Accountability; and Community Affairs; and Senator Perry 585-02725-17 2017534c2 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; providing applicability; 10 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 city, town, or other municipality; or a 23 department, commission, authority, school district, taxing 24 district, water management district, board, public corporation, 25 institution of higher education, or other public agency or body 26 thereof authorized to expend public funds for construction, 27 maintenance, repair, or improvement of public works. 28 (b) “Public works project” means an activity of which 50 29 percent or more of the cost will be paid from state-appropriated 30 funds that were appropriated at the time of the competitive 31 solicitation and which consists of the construction, 32 maintenance, repair, renovation, remodeling, or improvement of a 33 building, road, street, sewer, storm drain, water system, site 34 development, irrigation system, reclamation project, gas or 35 electrical distribution system, gas or electrical substation, or 36 other facility, project, or portion thereof that is owned in 37 whole or in part by any political subdivision. 38 (2)(a) Except as required by federal or state law, the 39 state or any political subdivision that contracts for a public 40 works project may not require that a contractor, subcontractor, 41 or material supplier or carrier engaged in such project: 42 1. Pay employees a predetermined amount of wages or 43 prescribe any wage rate; 44 2. Provide employees a specified type, amount, or rate of 45 employee benefits; 46 3. Control, limit, or expand staffing; or 47 4. Recruit, train, or hire employees from a designated, 48 restricted, or single source. 49 (b) The state or any political subdivision that contracts 50 for a public works project may not prohibit any contractor, 51 subcontractor, or material supplier or carrier able to perform 52 such work who is qualified, licensed, or certified as required 53 by state law to perform such work from submitting a bid on the 54 public works project. This paragraph does not apply to vendors 55 listed pursuant to s. 287.133 or s. 287.134. 56 (3) This section does not apply to contracts executed under 57 chapter 337. 58 Section 2. This act shall take effect July 1, 2017.