House Bill 0575

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    Florida House of Representatives - 2000                 HB 575

        By Representative Trovillion






  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 certain public entities

  5         from engaging in specified activities under

  6         certain procurement or contracting

  7         circumstances; prohibiting such public entities

  8         from awarding grants or entering into

  9         cooperative agreements containing certain

10         conditions relating to such prohibited

11         activities; requiring such public entities to

12         exercise authority to preclude grant recipients

13         or parties to such agreements from imposing

14         such conditions; authorizing challenge of

15         certain procurement or contracting documents or

16         agreements; providing for award of costs and

17         attorneys' fees under certain circumstances;

18         providing an effective date.

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

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

23  Contracting Act."

24         (2)  The purpose of this act is to prohibit public

25  entities from imposing certain labor requirements as a

26  condition of performing public works.

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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    Florida House of Representatives - 2000                 HB 575

    563-161-00






  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 adhere to agreements with one

11  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

21  labor organization's costs relating to collective bargaining,

22  contract administration, or grievance adjustment.

23         (4)  The state, and any political subdivision, agency,

24  or instrumentality of the state:

25         (a)  Shall not award any grant or enter into any

26  cooperative agreement for any construction project a condition

27  of which grant or agreement requires that bid specifications,

28  project agreements, or other controlling documents pertaining

29  to the grant or cooperative agreement contain any of the

30  provisions prohibited under subsection (3).

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






    Florida House of Representatives - 2000                 HB 575

    563-161-00






  1         (b)  Shall exercise any authority necessary to preclude

  2  a grant recipient or party to a cooperative agreement from

  3  imposing any of provisions prohibited under subsection (3) in

  4  connection with the award of any grant or the entering into of

  5  any cooperative agreement.

  6         (5)  Any interested party, including, but not limited

  7  to, any bidder, offeror, contractor, subcontractor, or

  8  taxpayer, shall have standing to challenge any bid

  9  specification, project agreement, controlling document, grant,

10  or cooperative agreement which violates any provision of this

11  act and shall be awarded costs and attorneys' fees if the

12  challenge is successful.

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

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16                          HOUSE SUMMARY

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      Prohibits public entities from procuring products or
18    services, contracting for public construction, awarding
      grants, or entering into cooperative agreements which
19    contain provisions relating to required association or
      affiliation with labor organizations. See bill for
20    details.

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