House Bill 0575c1

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    Florida House of Representatives - 2000              CS/HB 575

        By the Committee on Governmental Operations and
    Representatives Trovillion and Andrews





  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         restricting public agencies from prohibiting

19         certain agreements with labor organizations

20         under certain circumstances; providing an

21         effective date.

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

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

26  Contracting Act."

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

28  entities from imposing certain labor requirements as a

29  condition of performing public works.

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

31  or instrumentality of the state, when procuring products or

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






    Florida House of Representatives - 2000              CS/HB 575

    688-130-00






  1  services or letting contracts for the manufacture or

  2  construction of public works, or overseeing such procurement,

  3  manufacture, or construction, shall ensure that bid

  4  specifications, project agreements, and other controlling

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

  6  the state, political subdivision, agency, or instrumentality

  7  do not:

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

  9  subcontractors to enter into or adhere to agreements with one

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

11         (b)  Discriminate against bidders, offerors,

12  contractors, or subcontractors for refusing to become or

13  remain signatories or otherwise adhere to agreements with one

14  or more labor organizations on the same or related

15  construction projects; or

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

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

18  agreement that requires its employees, as a condition of

19  employment, to:

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

21  organization; or

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

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

24  labor organization's costs relating to collective bargaining,

25  contract administration, or grievance adjustment.

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

27  or instrumentality of the state:

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

29  cooperative agreement for any construction project a condition

30  of which grant or agreement requires that bid specifications,

31  project agreements, or other controlling documents pertaining

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






    Florida House of Representatives - 2000              CS/HB 575

    688-130-00






  1  to the grant or cooperative agreement contain any of the

  2  provisions prohibited under subsection (3).

  3         (b)  Shall exercise any authority necessary to preclude

  4  a grant recipient or party to a cooperative agreement from

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

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

  7  any cooperative agreement.

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

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

10  taxpayer, shall have standing to challenge any bid

11  specification, project agreement, controlling document, grant,

12  or cooperative agreement which violates any provision of this

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

14  challenge is successful.

15         (6)  The state, and any political subdivision, agency,

16  or instrumentality of the state shall not prohibit bidders,

17  offerors, contractors, or subcontractors from entering into or

18  adhering to agreements with one or more labor organizations on

19  the same or related projects, notwithstanding that such

20  agreements must be voluntary and without coercion.

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

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