Senate Bill 1082c1

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    Florida Senate - 2000                           CS for SB 1082

    By the Committee on Governmental Oversight and Productivity;
    and Senator Sebesta




    302-2125-00

  1                      A bill to be entitled

  2         An act relating to public procuring and

  3         contracting; providing a short title; providing

  4         a purpose; prohibiting the state, and any

  5         political subdivision, agency, or

  6         instrumentality of the state, from engaging in

  7         specified activities under certain procurement

  8         or contracting circumstances; authorizing

  9         challenge of certain procurement or contracting

10         documents or agreements; providing for award of

11         costs and attorney's fees under certain

12         circumstances; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  (1)  This act may be cited as the "Open

17  Contracting Act."

18         (2)  The purpose of this act is to prohibit the state,

19  and any political subdivision, agency, or instrumentality of

20  the state, from imposing certain labor requirements as a

21  condition of performing public works.  However, nothing in

22  this act prohibits bidders, offerors, contractors, or

23  subcontractors from entering into or adhering to agreements

24  with one or more labor organizations on the same or related

25  projects, provided that the agreements are made voluntarily

26  and without coercion.

27         (3)  The state, and any political subdivision, agency,

28  or instrumentality of the state, when procuring products or

29  services or letting contracts for the manufacture or

30  construction of public works, or overseeing such procurement,

31  manufacture, or construction, shall ensure that bid

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1082
    302-2125-00




  1  specifications, project agreements, and other controlling

  2  documents entered into, required, or subject to approval by

  3  the state, political subdivision, agency, or instrumentality

  4  do not:

  5         (a)  Require bidders, offerors, contractors, or

  6  subcontractors to enter into or adhere to agreements with one

  7  or more labor organizations on the same or related projects;

  8         (b)  Discriminate against bidders, offerors,

  9  contractors, or subcontractors for refusing to become or

10  remain signatories or otherwise to adhere to agreements with

11  one or more labor organizations on the same or related

12  construction projects; or

13         (c)  Require any bidder, offeror, contractor, or

14  subcontractor to enter into, adhere to, or enforce any

15  agreement that requires its employees, as a condition of

16  employment, to:

17         1.  Become members of or become affiliated with a labor

18  organization; or

19         2.  Pay dues or fees to a labor organization, over an

20  employee's objection, in excess of the employee's share of the

21  labor organization's costs relating to collective bargaining,

22  contract administration, or grievance adjustment.

23         (4)  Any bidder, offeror, contractor, or subcontractor

24  that may suffer injury as a direct result of the operation of

25  a bid specification, project agreement, or other controlling

26  document that violates this act shall have standing to

27  challenge those bid specifications, project agreements, or

28  other controlling documents.  The bidder, offeror, contractor,

29  or subcontractor that prevails in such challenge shall be

30  entitled to an award of its reasonable attorney's fees and

31  costs.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1082
    302-2125-00




  1         Section 2.  This act shall take effect October 1, 2000.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                             SB 1082

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  6  Clarifies that the bill's only purpose is to prohibit
    governmental, not private, entities from imposing certain
  7  labor requirements.

  8  Provides standing to raise a governmental entity's violation
    of the act to bidders, offerors, contractors, and
  9  subcontractors that may suffer injury.

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