Florida Senate - 2017                                     SB 534
       
       
        
       By Senator Perry
       
       8-00450B-17                                            2017534__
    1                        A bill to be entitled                      
    2         An act relating to public works projects; creating s.
    3         255.0992, F.S.; providing definitions; prohibiting the
    4         state and political subdivisions that contract for
    5         public works projects from imposing restrictive
    6         conditions on certain contractors, subcontractors, or
    7         material suppliers or carriers; prohibiting the state
    8         and political subdivisions from restricting qualified
    9         bidders from submitting bids or being awarded
   10         contracts; providing applicability; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 255.0992, Florida Statutes, is created
   16  to read:
   17         255.0992 Public works projects; prohibited governmental
   18  actions.—
   19         (1) As used in this section, the term:
   20         (a) “Political subdivision” means a separate agency or unit
   21  of local government created or established by law or ordinance
   22  and the officers thereof. The term includes, but is not limited
   23  to, a county; a city, town, or other municipality; or a
   24  department, commission, authority, school district, taxing
   25  district, water management district, board, public corporation,
   26  institution of higher education, or other public agency or body
   27  thereof authorized to expend public funds for construction,
   28  maintenance, repair, or improvement of public works.
   29         (b) “Public works project” means an activity that is paid
   30  for in whole or in part with state funds and that consists of
   31  the construction, maintenance, repair, renovation, remodeling,
   32  or improvement of a building, road, street, sewer, storm drain,
   33  water system, site development, irrigation system, reclamation
   34  project, gas or electrical distribution system, gas or
   35  electrical substation, or other facility, project, or portion
   36  thereof that is owned in whole or in part by any political
   37  subdivision.
   38         (2)(a) Except as required by federal or state law, the
   39  state or any political subdivision that contracts for a public
   40  works project may not require that a contractor, subcontractor,
   41  or material supplier or carrier engaged in such project:
   42         1. Pay employees a predetermined amount of wages or
   43  prescribe any wage rate;
   44         2. Provide employees a specified type, amount, or rate of
   45  employee benefits;
   46         3. Control, limit, or expand staffing; or
   47         4. Recruit, train, or hire employees from a designated,
   48  restricted, or single source.
   49         (b) The state or any political subdivision that contracts
   50  for a public works project may not prohibit any contractor,
   51  subcontractor, or material supplier or carrier able to perform
   52  such work who is qualified, licensed, or certified as required
   53  by state law to perform such work from submitting a bid on the
   54  public works project or being awarded any contract, subcontract,
   55  material order, or carrying order.
   56         (3) This section does not apply to contracts executed under
   57  chapter 337.
   58         Section 2. This act shall take effect July 1, 2017.