Bill Text: FL S1118 | 2013 | Regular Session | Introduced

Florida Senate Bill 1118 (Prior Session Legislation)

Introduced

Bill Title: Public Contracting

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-03 - Died in Community Affairs [S1118 Detail]

Download: Florida-2013-S1118-Introduced.html

       Florida Senate - 2013                                    SB 1118
       
       
       
       By Senator Hays
       
       
       
       
       11-00952-13                                           20131118__
    1                        A bill to be entitled                      
    2         An act relating to public contracting; providing
    3         definitions for the terms “facility” and “governmental
    4         unit”; prohibiting a governmental unit that contracts
    5         for the construction, repair, remodeling, or improving
    6         of a facility from imposing conditions that requires,
    7         prohibits, encourages, or discourages certain bidders,
    8         contractors, or subcontractors from entering into or
    9         adhering to agreements with a collective bargaining
   10         organization; prohibiting a governmental unit from
   11         granting certain awards as a condition of certain
   12         contracts; prohibiting certain terms from being placed
   13         in bid specifications, project agreements, or other
   14         controlling documents; providing exceptions; amending
   15         s. 120.57, F.S.; revising the period during which an
   16         agency must file a protest following certain contract
   17         solicitations or awards; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. (1) As used in this section, the term:
   22         (a) “Facility” means an actual physical improvement to real
   23  property that is owned or leased, directly or through a building
   24  authority, by a governmental unit, including, but not limited
   25  to, roads, bridges, runways, rails, or a building or structure,
   26  along with the building’s or structure’s grounds, approaches,
   27  services, and appurtenances.
   28         (b) “Governmental unit” means this state; a county,
   29  municipality, school district, Florida College System
   30  institution, or public university that receives appropriations
   31  from this state; or any agency, board, commission, authority, or
   32  instrumentality of the state.
   33         (2) A governmental unit may not enter into or expend funds
   34  under a contract for the construction, repair, remodeling, or
   35  demolition of a facility if the contract or a subcontract under
   36  the contract contains a term that:
   37         (a) Requires, prohibits, encourages, or discourages
   38  bidders, contractors, or subcontractors from entering into or
   39  adhering to agreements with a collective bargaining organization
   40  relating to the construction project or other related
   41  construction projects.
   42         (b) Discriminates against bidders, contractors, or
   43  subcontractors based on the status as a party or nonparty to, or
   44  the willingness or refusal to enter into, an agreement with a
   45  collective bargaining organization relating to the construction
   46  project or other related construction projects.
   47         (3) A governmental unit may not award a grant, tax
   48  abatement, or tax credit that is conditioned upon a requirement
   49  that the awardee include a term described in paragraph (2)(a) or
   50  paragraph (2)(b) in a contract document for any construction,
   51  improvement, maintenance, or renovation of real property or
   52  fixtures that are the subject of the grant, tax abatement, or
   53  tax credit. This section does not prohibit a governmental unit
   54  from awarding a grant, tax abatement, or tax credit to a private
   55  owner, bidder, contractor, or subcontractor who enters into or
   56  who is party to an agreement with a collective bargaining
   57  organization, if being or becoming a party or adhering to an
   58  agreement with a collective bargaining organization is not a
   59  condition for award of the grant, tax abatement, or tax credit,
   60  and if the governmental unit does not discriminate against a
   61  private owner, bidder, contractor, or subcontractor in the
   62  awarding of that grant, tax abatement, or tax credit based upon
   63  the status as being or becoming, or the willingness or refusal
   64  to become, a party to an agreement with a collective bargaining
   65  organization.
   66         (4) A governmental unit or a construction manager or other
   67  contracting entity acting on behalf of a governmental unit may
   68  not place any of the terms described in subsection (2) in bid
   69  specifications, project agreements, or other controlling
   70  documents relating to the construction, repair, remodeling, or
   71  demolition of a facility. Any such included term is void and of
   72  no effect.
   73         (5) This section does not:
   74         (a) Apply to construction contracts executed before the
   75  effective date of this act.
   76         (b) Prohibit employers or other parties from entering into
   77  agreements or engaging in any other activity protected by the
   78  National Labor Relations Act, 29 U.S.C. ss. 151-169.
   79         (c) Interfere with labor relations of parties that are
   80  protected under the National Labor Relations Act, 29 U.S.C. ss.
   81  151-169.
   82         Section 2. Paragraph (b) of subsection (3) of section
   83  120.57, Florida Statutes, is amended to read:
   84         120.57 Additional procedures for particular cases.—
   85         (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO
   86  CONTRACT SOLICITATION OR AWARD.—Agencies subject to this chapter
   87  shall use the uniform rules of procedure, which provide
   88  procedures for the resolution of protests arising from the
   89  contract solicitation or award process. Such rules shall at
   90  least provide that:
   91         (b) Any person who is adversely affected by the agency
   92  decision or intended decision shall file with the agency a
   93  notice of protest in writing within 72 hours after the posting
   94  of the notice of decision or intended decision. With respect to
   95  a protest of the terms, conditions, and specifications contained
   96  in a solicitation, including any provisions governing the
   97  methods for ranking bids, proposals, or replies, awarding
   98  contracts, reserving rights of further negotiation, or modifying
   99  or amending any contract, the notice of protest shall be filed
  100  in writing within 7 days 72 hours after the posting of the
  101  solicitation. The formal written protest shall be filed within
  102  10 days after the date the notice of protest is filed. Failure
  103  to file a notice of protest or failure to file a formal written
  104  protest shall constitute a waiver of proceedings under this
  105  chapter. The formal written protest shall state with
  106  particularity the facts and law upon which the protest is based.
  107  Saturdays, Sundays, and state holidays shall be excluded in the
  108  computation of the 72-hour time periods provided by this
  109  paragraph.
  110         Section 3. This act shall take effect upon becoming a law.