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Associated Builders and Contractors is looking at two categories of legislative action that could help the industry in the Florida legislature when it opens for business in February and March of 2012. One category could be called "job creators" for the construction industry. A top priority is to encourage the use of Public Private Partnerships (P3s or PPPs) by state and local governments to provide access to private capital for public infrastructure like toll roads and bridges and income producing facilities like dormitories. These types of projects have worked in Florida and around the country, but more could be done to encourage a greater use of this vehicle for funding public construction. This category would also include funding the PECO requests for colleges and universities, which Florida Governor Rick Scott vetoed earlier this year. His contention is that there was no "there" in the funds, and he didn't want the state to go deeper in debt, which is an admirable thing. But by forgoing these opportunities, the schools were also not able to tap into matching grants and gifts. Also, spending money on the Florida's ports, in conjunction with the federal government, will create new private business opportunities around the ports, particularly to handle the new traffic through the Panama Canal. In another category, we identified "barriers" to commercial construction contractors to do their work efficiently and fairly. That would include worksite security. Currently, there are a half dozen different public and private sites that require FDLE background checks of workers accessing the site during construction, including corrections, courts and secondary schools. We are advocating a single badge system that would be tied to the individual like a concealed weapons permit, rather than a patchwork of agencies and organizations with different standards. School badging, for example, is now done on a project basis tied to the employer, and many employees have multiple badges (with corresponding redundant background checks). The state recently went to one badge on the ports, so it can be done. Another issue the industry would like to address is local preference provisions where state funds are included. State contractors and licensed to do work across the state, but local governments and school boards have erected an increasingly complex system of protection at an additional cost to taxpayers and blocking competition. One county's protection of its "local" firms is an open invitation for all neighboring counties to go forth and do likewise. Florida does not need to Balkanize its purchasing of construction services and ABC members cannot work only in one political jurisdiction. Finally, ABC is first and foremost an advocate of merit shop construction, and firmly opposed to union-only project labor agreements (PLAs) which preclude 98% of Florida's workforce from participation. Under President Obama, with the strong support of liberal politicians and appointees, we have seen federal agencies include this provision in many projects around the country, including Florida. ABC has been successful in challenging agency and department contract provisions thus far in Florida, but we may not always be so fortunate. While we have not seen a municipal government or state agency do so, it is not out of the question that an urban union-backed liberal city/county commission or school board could certainly advocate for a PLA. The city of Orlando requires contractors to comply with Davis-Bacon Act when none of the surrounding counties or cities do so. Rather than wait for what could well occur, ABC would prefer a single pronouncement from the legislature, much like the requirement to solicit competitive bids which prohibits the ability of any government agency to mandate union hiring on public-funded projects. ABC will ask the Florida legislature to ban the use of PLAs by the state agencies or local government. In the interim, we have also asked Governor Scott to issue an executive order, similar to those issued by former Governors Huckabee in Arkansas and Pawlenty in Minnesota. Governor Scott was receptive to the idea when we met with him in August. Of course, we are monitoring a continuing group of issues, like lien law changes, employee E-Verify compliance, workers compensation insurance and loser-pays tort reform. We are vigilent in looking at changes to the laws to solve one problem and create more for others. A New York probate judge, Gideon Tucker, is famously credited as saying, "No man's life, liberty or property are safe while the Legislature is in session." ABC's legislative motto is "get into politics or get out of business". For more information, please contact:
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