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.