| 1 | A bill to be entitled |
| 2 | An act relating to public contracting; providing |
| 3 | definitions for the terms "governmental unit" and |
| 4 | "facility"; prohibiting a governmental unit that |
| 5 | contracts for the construction, repair, remodeling, or |
| 6 | improving of a facility from imposing conditions that |
| 7 | require, prohibit, encourage, or discourage certain |
| 8 | bidders, contractors, or subcontractors from entering |
| 9 | into or adhering to agreements with a collective |
| 10 | bargaining organization; prohibiting a governmental |
| 11 | unit from granting certain awards as a condition of |
| 12 | certain contracts; prohibiting certain terms from |
| 13 | being placed in bid specifications, project |
| 14 | agreements, or other controlling documents; providing |
| 15 | exceptions; amending s. 120.57, F.S.; revising the |
| 16 | period during which an agency must file a protest |
| 17 | following certain contract solicitations or awards; |
| 18 | providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. (1) As used in this section, the term: |
| 23 | (a) "Facility" means an actual physical improvement to |
| 24 | real property that is owned or leased, directly or through a |
| 25 | building authority, by a governmental unit, including, but not |
| 26 | limited to, roads, bridges, runways, rails, or a building or |
| 27 | structure, along with the building's or structure's grounds, |
| 28 | approaches, services, and appurtenances. |
| 29 | (b) "Governmental unit" means this state; a county, |
| 30 | municipality, school district, Florida College System |
| 31 | institution, or public university that receives appropriations |
| 32 | from this state; or any agency, board, commission, authority, or |
| 33 | instrumentality of the state. |
| 34 | (2) A governmental unit may not enter into or expend funds |
| 35 | under a contract for the construction, repair, remodeling, or |
| 36 | demolition of a facility if the contract or a subcontract under |
| 37 | the contract contains a term that: |
| 38 | (a) Requires, prohibits, encourages, or discourages |
| 39 | bidders, contractors, or subcontractors from entering into or |
| 40 | adhering to agreements with a collective bargaining organization |
| 41 | relating to the construction project or other related |
| 42 | construction projects. |
| 43 | (b) Discriminates against bidders, contractors, or |
| 44 | subcontractors based on the status as a party or nonparty to, or |
| 45 | the willingness or refusal to enter into, an agreement with a |
| 46 | collective bargaining organization relating to the construction |
| 47 | project or other related construction projects. |
| 48 | (3) A governmental unit may not award a grant, tax |
| 49 | abatement, or tax credit that is conditioned upon a requirement |
| 50 | that the awardee include a term described in paragraph (2)(a) or |
| 51 | paragraph (2)(b) in a contract document for any construction, |
| 52 | improvement, maintenance, or renovation to real property or |
| 53 | fixtures that are the subject of the grant, tax abatement, or |
| 54 | tax credit. This section does not prohibit a governmental unit |
| 55 | from awarding a grant, tax abatement, or tax credit to a private |
| 56 | owner, bidder, contractor, or subcontractor who enters into or |
| 57 | who is party to an agreement with a collective bargaining |
| 58 | organization, if being or becoming a party or adhering to an |
| 59 | agreement with a collective bargaining organization is not a |
| 60 | condition for award of the grant, tax abatement, or tax credit, |
| 61 | and if the governmental unit does not discriminate against a |
| 62 | private owner, bidder, contractor, or subcontractor in the |
| 63 | awarding of that grant, tax abatement, or tax credit based upon |
| 64 | the status as being or becoming, or the willingness or refusal |
| 65 | to become, a party to an agreement with a collective bargaining |
| 66 | organization. |
| 67 | (4) A governmental unit or a construction manager or other |
| 68 | contracting entity acting on behalf of a governmental unit may |
| 69 | not place any of the terms described in subsection (2) in bid |
| 70 | specifications, project agreements, or other controlling |
| 71 | documents relating to the construction, repair, remodeling, or |
| 72 | demolition of a facility. Any such included term is void and of |
| 73 | no effect. |
| 74 | (5) This section does not: |
| 75 | (a) Apply to construction contracts executed before the |
| 76 | effective date of this act. |
| 77 | (b) Prohibit employers or other parties from entering into |
| 78 | agreements or engaging in any other activity protected by the |
| 79 | National Labor Relations Act, 29 U.S.C. ss. 151-169. |
| 80 | (c) Interfere with labor relations of parties that are |
| 81 | protected under the National Labor Relations Act, 29 U.S.C. ss. |
| 82 | 151-169. |
| 83 | Section 2. Paragraph (b) of subsection (3) of section |
| 84 | 120.57, Florida Statutes, is amended to read: |
| 85 | 120.57 Additional procedures for particular cases.- |
| 86 | (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO |
| 87 | CONTRACT SOLICITATION OR AWARD.-Agencies subject to this chapter |
| 88 | shall use the uniform rules of procedure, which provide |
| 89 | procedures for the resolution of protests arising from the |
| 90 | contract solicitation or award process. Such rules shall at |
| 91 | least provide that: |
| 92 | (b) Any person who is adversely affected by the agency |
| 93 | decision or intended decision shall file with the agency a |
| 94 | notice of protest in writing within 72 hours after the posting |
| 95 | of the notice of decision or intended decision. With respect to |
| 96 | a protest of the terms, conditions, and specifications contained |
| 97 | in a solicitation, including any provisions governing the |
| 98 | methods for ranking bids, proposals, or replies, awarding |
| 99 | contracts, reserving rights of further negotiation, or modifying |
| 100 | or amending any contract, the notice of protest shall be filed |
| 101 | in writing within 7 days 72 hours after the posting of the |
| 102 | solicitation. The formal written protest shall be filed within |
| 103 | 10 days after the date the notice of protest is filed. Failure |
| 104 | to file a notice of protest or failure to file a formal written |
| 105 | protest shall constitute a waiver of proceedings under this |
| 106 | chapter. The formal written protest shall state with |
| 107 | particularity the facts and law upon which the protest is based. |
| 108 | Saturdays, Sundays, and state holidays shall be excluded in the |
| 109 | computation of the 72-hour time periods provided by this |
| 110 | paragraph. |
| 111 | Section 3. This act shall take effect upon becoming a law. |