Bill Text: FL H0719 | 2012 | Regular Session | Introduced

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Bill Title: Public Contracting

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2012-03-09 - Died in Government Operations Subcommittee [H0719 Detail]

Download: Florida-2012-H0719-Introduced.html

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HB 719

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
20	Be It Enacted by the Legislature of the State of Florida:
21
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.

CODING: Words stricken are deletions; words underlined are additions.