Florida Senate - 2015 SB 934 By Senator Brandes 22-01327A-15 2015934__ 1 A bill to be entitled 2 An act relating to public works projects; providing 3 definitions; prohibiting state and political 4 subdivisions that contract for the construction, 5 maintenance, repair, or improvement of public works 6 from imposing certain conditions on certain 7 contractors, subcontractors, or material suppliers or 8 carriers; providing an exception; prohibiting state 9 and political subdivisions from restricting qualified 10 bidders from submitting bids, being awarded any bid or 11 contract, or performing work on a public works 12 project; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Project labor agreements for certain publicly 17 funded public works projects.— 18 (1) As used in this section, the term: 19 (a) “Political subdivision” means a separate agency or unit 20 of local government created or established by law or ordinance 21 and the officers thereof. The term includes, but is not limited 22 to, a county; a city, town, or other municipality; or a 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, the 30 specifications, or any bidding document 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, site 44 development, irrigation system, reclamation project, gas or 45 electrical distribution system, gas or electrical substation, or 46 other facility, project, or portion thereof, including repair, 47 renovation, or remodeling, owned, in whole or in part, by any 48 political subdivision that is to be paid for in whole or in part 49 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 may 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 or 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 area 80 wide, 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 may 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. This act shall take effect upon becoming a law.