1 | A bill to be entitled |
2 | An act relating to public works projects; providing |
3 | definitions; prohibiting the state and political |
4 | subdivisions that contract for the construction, |
5 | maintenance, repair, or improvement of public works from |
6 | imposing certain conditions on certain contractors, |
7 | subcontractors, or material suppliers or carriers; |
8 | providing an exception; prohibiting the state and |
9 | political subdivisions from restricting qualified bidders |
10 | from submitting bids, being awarded any bid or contract, |
11 | or performing work on a public works project; amending s. |
12 | 120.57, F.S.; revising written protest filing requirements |
13 | for protests to contract solicitations or awards; |
14 | providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. (1) As used in this section, the term: |
19 | (a) "Political subdivision" means a separate agency or |
20 | unit of local government created or established by law or |
21 | ordinance and the officers thereof and includes, but is not |
22 | limited to, a county, city, town, or other municipality, |
23 | department, commission, authority, school district, tax |
24 | district, water management district, board, public corporation, |
25 | institution of higher education, or other public agency or body |
26 | authorized to expend public funds for construction, maintenance, |
27 | repair, or improvement of public works. |
28 | (b) "Project labor agreement" means an arrangement |
29 | mentioned, detailed, or outlined within the project plans, |
30 | specifications, or any bidding documents of a public works |
31 | project that: |
32 | 1. Imposes requirements, controls, or limitations on |
33 | staffing, sources of employee referrals, assignments of work, |
34 | sources of insurance or benefits, including health, life, and |
35 | disability insurance and retirement pensions, training programs |
36 | or standards, or wages; or |
37 | 2. Requires a contractor to enter into any sort of |
38 | agreement as a condition of submitting a bid that directly or |
39 | indirectly limits or requires the contractor to recruit, train, |
40 | or hire employees from a particular source to perform work on |
41 | public works or a public works project. |
42 | (c) "Public works" or "public works project" means a |
43 | building, road, street, sewer, storm drain, water system, |
44 | irrigation system, reclamation project, gas or electrical |
45 | distribution system, gas or electrical substation, or other |
46 | facility, project, or portion thereof, including repair, |
47 | renovation, or remodeling, owned, in whole or in part by any |
48 | political subdivision, and that is to be paid for in whole or in |
49 | part with state funds. |
50 | (2)(a) Except as provided in paragraph (b), or as required |
51 | by federal or state law, the state or any political subdivision |
52 | that contracts for the construction, maintenance, repair, or |
53 | improvement of public works shall not require that a contractor, |
54 | subcontractor, or material supplier or carrier engaged in the |
55 | construction, maintenance, repair, or improvement of public |
56 | works: |
57 | 1. Pay employees a predetermined amount of wages or wage |
58 | rate; |
59 | 2. Provide employees a specified type, amount, or rate of |
60 | employee benefits; |
61 | 3. Control or limit staffing; |
62 | 4. Recruit, train, or hire employees from a designated or |
63 | single source; |
64 | 5. Designate any particular assignment of work for |
65 | employees; |
66 | 6. Participate in proprietary training programs; or |
67 | 7. Enter into any type of project labor agreement. |
68 | (b) Paragraph (a) does not apply if the payment of |
69 | prevailing or minimum wages to persons working on projects |
70 | funded in whole or in part by federal funds is required under |
71 | federal law. |
72 | (3) The state or any political subdivision that contracts |
73 | for the construction, maintenance, repair, or improvement of |
74 | public works shall not require that a contractor, subcontractor, |
75 | material supplier, or carrier engaged in the construction, |
76 | maintenance, repair, or improvement of public works execute or |
77 | otherwise become a party to any agreement with employees, their |
78 | representatives, or any labor organization as described in 29 |
79 | U.S.C. s. 152(5) and 42 U.S.C. s. 2000e(d), including any |
80 | areawide, regional, or state building or construction trade or |
81 | crafts council, organization, association, or similar body, as a |
82 | condition of bidding, negotiating, being awarded any bid or |
83 | contract, or performing work on a public works project. |
84 | (4) The state or any political subdivision that contracts |
85 | for the construction, maintenance, repair, or improvement of any |
86 | public works project shall not prohibit a contractor, |
87 | subcontractor, or material supplier or carrier engaged in the |
88 | construction, maintenance, repair, or improvement of public |
89 | works, who is qualified, licensed, or certified to do any of the |
90 | work described in the bid documents, from submitting bids, being |
91 | awarded any bid or contract, or performing work on a public |
92 | works project. |
93 | Section 2. Paragraph (b) of subsection (3) of section |
94 | 120.57, Florida Statutes, is amended to read: |
95 | 120.57 Additional procedures for particular cases.- |
96 | (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO |
97 | CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter |
98 | shall use the uniform rules of procedure, which provide |
99 | procedures for the resolution of protests arising from the |
100 | contract solicitation or award process. Such rules shall at |
101 | least provide that: |
102 | (b) Any person who is adversely affected by the agency |
103 | decision or intended decision shall file with the agency a |
104 | notice of protest in writing within 72 hours after the posting |
105 | of the notice of decision or intended decision. With respect to |
106 | a protest of the terms, conditions, and specifications contained |
107 | in a solicitation, including any provisions governing the |
108 | methods for ranking bids, proposals, or replies, awarding |
109 | contracts, reserving rights of further negotiation, or modifying |
110 | or amending any contract, the notice of protest shall be filed |
111 | in writing within 7 days 72 hours after the posting of the |
112 | solicitation. The formal written protest shall be filed within |
113 | 10 days after the date the notice of protest is filed. Failure |
114 | to file a notice of protest or failure to file a formal written |
115 | protest shall constitute a waiver of proceedings under this |
116 | chapter. The formal written protest shall state with |
117 | particularity the facts and law upon which the protest is based. |
118 | Saturdays, Sundays, and state holidays shall be excluded in the |
119 | computation of the 72-hour time periods provided by this |
120 | paragraph. |
121 | Section 3. This act shall take effect upon becoming a law. |