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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to transportation; amending s. 206.46, 2
F.S.; limiting the amount of State Transportation 3
Trust Fund revenues committed annually for public 4
transit projects; amending s. 334.179, F.S.; limiting 5
certification of aggregate shipments to those i n 6
compliance with rules of the Department of 7
Transportation; creating s. 334.181, F.S.; prohibiting 8
a local government from accepting a department -9
approved electronic ticket as an official record for a 10
material delivery on a local government transportation 11
project; amending s. 337.025, F.S.; including 12
progressive design-build contracts in projects 13
considered to be innovative transportation projects; 14
providing requirements for designation of and 15
selection and award processes for a progressive 16
design-build contract; exempting certain progressive 17
design-build contracts from an annual cap on 18
contracts; amending s. 337.11, F.S.; authorizing the 19
department to combine the design and construction 20
phases of a project into a single contract; requiring 21
the department to adopt rules for administering 22
progressive design-build contracts; requiring certain 23
bridge construction or maintenance contracts to 24
require certain marine general liability insurance; 25
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requiring the department to implement strategies to 26
reduce certain costs and to record such strategies and 27
projected savings related thereto; authorizing the 28
department to share a certain portion of construction 29
cost savings with certain consultants; amending s. 30
337.1101, F.S.; revising procedures for resolving 31
certain protests through settlements requiring the 32
payment of certain amounts; amending s. 337.14, F.S.; 33
revising a limitation on the amount of a construction 34
contract for which a bidder may submit annual or 35
interim financial statements prepared by a certified 36
public accountant; revising the effect of submission 37
and approval of an application for a certificate of 38
qualification; authorizing submission of a written 39
request to maintain an existing certificate; exempting 40
a progressive design -build prequalification from a 41
limitation on services a contractor may qualify to 42
provide; amending s. 337.168, F.S.; deleting an 43
exemption from public records requirements for 44
identities of potential transportation project 45
bidders; amending s. 338.223, F.S.; deleting 46
provisions prohibiti ng the department from requesting 47
legislative approval of a proposed turnpike project 48
until the design phase is partially completed; 49
providing an effective date. 50
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Be It Enacted by the Legislature of the State of Florida: 52
53
Section 1. Subsection (6) is added to section 206.46, 54
Florida Statutes, to read: 55
206.46 State Transportation Trust Fund. — 56
(6) Of revenues deposited into the State Transportation 57
Trust Fund which are derived from state fuel taxes and motor 58
vehicle license-related fees, no more t han 20 percent shall be 59
committed annually by the department for public transit projects 60
in accordance with chapter 341. 61
Section 2. Section 334.179, Florida Statutes, is amended 62
to read: 63
334.179 Department standards or specifications for 64
permissible use of aggregates; limitation on certification .— 65
(1) Notwithstanding any law, rule, or ordinance to the 66
contrary, a local government may not adopt standards or 67
specifications that are contrary to the department standards or 68
specifications for permissible use of aggregates that have been 69
certified for use. For purposes of this section, the term 70
"certified for use" means that the aggregates have been 71
certified by the producer in compliance accordance with 72
department rules. This section does not apply to a m ulticounty 73
independent special district created by a special act of the 74
Legislature. 75
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(2) A producer may not certify a shipment of aggregate to 76
a customer other than the department unless that shipment is in 77
compliance with department rules. Notwithstandi ng this section, 78
certification of aggregates to the department shall be in 79
compliance with chapter 14 -103, Florida Administrative Code. 80
Section 3. Section 334.181, Florida Statutes, is created 81
to read: 82
334.181 Department-approved electronic tickets .—83
Notwithstanding any law, rule, or ordinance to the contrary, a 84
local government may not refuse to accept an electronic ticket 85
approved by the department for use on a department project as an 86
official record for a material delivery on a local government 87
project. 88
Section 4. Section 337.025, Florida Statutes, is amended 89
to read: 90
337.025 Innovative transportation projects; department to 91
establish program.— 92
(1) The department may establish a program for 93
transportation projects demonstrating innovative te chniques of 94
highway and bridge design, construction, maintenance, and 95
finance which have the intended effect of measuring resiliency 96
and structural integrity and controlling time and cost increases 97
on construction projects. Such techniques may include, but are 98
not limited to, state -of-the-art technology for pavement, 99
safety, and other aspects of highway and bridge design, 100
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construction, and maintenance; progressive design-build 101
contracts as specified in subsection (2); innovative bidding and 102
financing techniques; accelerated construction procedures; and 103
those techniques that have the potential to reduce project life 104
cycle costs. To the maximum extent practical, the department 105
must use the existing process to award and administer 106
construction and maintenance c ontracts. When specific innovative 107
techniques are to be used, the department is not required to 108
adhere to those provisions of law that would prevent, preclude, 109
or in any way prohibit the department from using the innovative 110
technique. However, before using an innovative technique that is 111
inconsistent with another provision of law, the department must 112
document in writing the need for the exception and identify what 113
benefits the traveling public and the affected community are 114
anticipated to receive. The depar tment may enter into no more 115
than $120 million in contracts awarded annually for the purposes 116
authorized by this section. 117
(2) If the department determines that it is in the best 118
interest of the public, the department may combine the design 119
and construction phases of a project into a single contract and 120
select the design-build firm in the early stages of a project to 121
ensure that the design -build firm is part of the collaboration 122
and development of the design as part of a step -by-step 123
progression through co nstruction. Such contract is referred to 124
as a progressive design -build contract. For progressive design -125
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build contracts, the selection and award processes must include 126
a two-phase process. For phase one, the department shall 127
competitively award the contrac t to a design-build firm based 128
upon qualifications. For phase two, the design -build firm shall 129
solicit and receive competitive bids on all construction trade 130
subcontractor packages and, based upon such bids, negotiate with 131
the department a fixed firm price or guaranteed maximum price 132
that meets the project budget and scope as advertised in the 133
request for qualifications. 134
(3)(2) The annual cap on contracts provided in subsection 135
(1) does not apply to: 136
(a) Turnpike enterprise projects. 137
(b) Progressive Low-bid design-build milling and 138
resurfacing contracts for complex, high-risk projects with a 139
minimum contract value of $400 million . 140
Section 5. Subsections (15) and (16) of section 337.11, 141
Florida Statutes, are renumbered as subsections (18) and (19), 142
respectively, paragraphs (a) and (b) of subsection (7) are 143
amended, and new subsections (15), (16), and (17) are added to 144
that section, to read: 145
337.11 Contracting authority of department; bids; 146
emergency repairs, supplemental agreements, and change ord ers; 147
combined design and construction contracts; progress payments; 148
records; requirements of vehicle registration. — 149
(7)(a) If the department determines that it is in the best 150
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interests of the public, the department may combine the design 151
and construction phases of a building, a major bridge, a limited 152
access facility, or a rail corridor project into a single 153
contract. Such contract is referred to as a design -build 154
contract. Design-build contracts may be advertised and awarded 155
notwithstanding the requireme nts of paragraph (3)(c). However, 156
construction activities may not begin on any portion of such 157
projects for which the department has not yet obtained title to 158
the necessary rights -of-way and easements for the construction 159
of that portion of the project has vested in the state or a 160
local governmental entity and all railroad crossing and utility 161
agreements have been executed. Title to rights -of-way shall be 162
deemed to have vested in the state when the title has been 163
dedicated to the public or acquired by presc ription. 164
(b) The department shall adopt by rule procedures for 165
administering design -build contracts, including progressive 166
design-build contracts. Such procedures shall include, but not 167
be limited to: 168
1. Prequalification requirements. 169
2. Public announcement procedures. 170
3. Scope of service requirements. 171
4. Letters of interest requirements. 172
5. Short-listing criteria and procedures. 173
6. Bid proposal requirements. 174
7. Technical review committee. 175
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8. Selection and award processes. 176
9. Stipend requirements. 177
(15) Each contract let by the department for performance 178
of bridge construction or maintenance over navigable waters must 179
contain a provision requiring marine general liability 180
insurance, in an amount to be determined by the department, 181
which covers third-party personal injury and property damage 182
caused by vessels used by the contractor in the performance of 183
the work. 184
(16) The department shall implement strategies to reduce 185
the cost of all project phases, including design, construction, 186
and inspection, while ensuring that the design and construction 187
of projects meet applicable federal and state standards. The 188
department shall record such strategies and the projected 189
savings related thereto. 190
(17) The department may share a portion of the 191
construction cost savings realized due to a change in the 192
construction contract design and scope, initiated after 193
execution of the contract, with a design services consultant or 194
a construction engineering and inspection services consultant to 195
the extent that the consultant's input and involvement 196
contributed to such savings. The amount paid to a consultant 197
pursuant to this subsection may not exceed 10 percent of the 198
construction cost savings realized. 199
Section 6. Subsection (1) of section 337.1101, Florida 200
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Statutes, is amended to read: 201
337.1101 Contracting and procurement authority of the 202
department; settlements; notification required. — 203
(1) When the department, or any entity or enterprise 204
within the department, determines that it is in the best 205
interest of the public to resolve a protest filed in accordance 206
with s. 120.57(3) of the award of a contract being procured 207
pursuant to s. 337.11 or related to the purchase of personal 208
property or contractual services being procured pursuant to s. 209
287.057, through a settlement that requires the department to 210
pay a nonselected responsive bidder a total sum of $1 million or 211
more, including any amount paid pursuant to s. 334.049, any 212
amount paid pursuant to s. 337.11(8) which is not included in 213
the department's work pro gram approved by the Legislature as 214
part of the General Appropriations Act , or any amount paid 215
pursuant to any other law, the department must: 216
(a) Document in a written memorandum by the secretary the 217
specific reasons that such settlement and payment to a 218
nonselected responsive bidder is in the best interest of the 219
state. The written memorandum must be included and maintained in 220
the department's permanent files concerning the procurement and 221
must include: 222
1. A description of the property rights, patent rights, 223
copyrights, trademarks, or the engineering design or other 224
design work that the department will acquire or retain as a 225
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result of such settlement; and 226
2. The specific appropriation in the existing General 227
Appropriations Act which the department in tends to use to 228
provide such payment. 229
(b) Provide prior written notification to the President of 230
the Senate, the Speaker of the House of Representatives, the 231
Senate and House of Representatives minority leaders, the chair 232
and vice chair of the Legislativ e Budget Commission, and the 233
Attorney General at least 5 business days, or as soon thereafter 234
as practicable, before the department makes the settlement 235
agreement final. Such written notification must include the 236
written memorandum required pursuant to par agraph (a). 237
(c) Provide, at the time settlement discussions regarding 238
any such payment have begun in earnest, written notification of 239
such discussions to the President of the Senate, the Speaker of 240
the House of Representatives, the Senate and House of 241
Representatives minority leaders, the chair and vice chair of 242
the Legislative Budget Commission, and the Attorney General. 243
Section 7. Subsections (1), (4), and (7) of section 244
337.14, Florida Statutes, are amended to read: 245
337.14 Application for qualifi cation; certificate of 246
qualification; restrictions; request for hearing. — 247
(1) Any contractor desiring to bid for the performance of 248
any construction contract in excess of $250,000 which the 249
department proposes to let must first be certified by the 250
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department as qualified pursuant to this section and rules of 251
the department. The rules of the department must address the 252
qualification of contractors to bid on construction contracts in 253
excess of $250,000 and must include requirements with respect to 254
the equipment, past record, experience, financial resources, and 255
organizational personnel of the applying contractor which are 256
necessary to perform the specific class of work for which the 257
contractor seeks certification. Any contractor who desires to 258
bid on contracts in excess of $50 million and who is not 259
qualified and in good standing with the department as of January 260
1, 2019, must first be certified by the department as qualified 261
and must have satisfactorily completed two projects, each in 262
excess of $15 million, for the department or for any other state 263
department of transportation. The department may limit the 264
dollar amount of any contract upon which a contractor is 265
qualified to bid or the aggregate total dollar volume of 266
contracts such contractor is allowe d to have under contract at 267
any one time. Each applying contractor seeking qualification to 268
bid on construction contracts in excess of $250,000 shall 269
furnish the department a statement under oath, on such forms as 270
the department may prescribe, setting fort h detailed information 271
as required on the application. Each application for 272
certification must be accompanied by audited, certified 273
financial statements prepared in accordance with generally 274
accepted accounting principles and auditing standards by a 275
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certified public accountant licensed in this state or another 276
state. The audited, certified financial statements must be for 277
the applying contractor and must have been prepared within the 278
immediately preceding 12 months. The department may not consider 279
any financial information of the parent entity of the applying 280
contractor, if any. The department may not certify as qualified 281
any applying contractor who fails to submit the audited, 282
certified financial statements required by this subsection. If 283
the application or the annual financial statement shows the 284
financial condition of the applying contractor more than 4 285
months before the date on which the application is received by 286
the department, the applicant must also submit interim audited, 287
certified financial statemen ts prepared in accordance with 288
generally accepted accounting principles and auditing standards 289
by a certified public accountant licensed in this state or 290
another state. The interim financial statements must cover the 291
period from the end date of the annual statement and must show 292
the financial condition of the applying contractor no more than 293
4 months before the date that the interim financial statements 294
are received by the department. However, upon the request of the 295
applying contractor, an application and accompanying annual or 296
interim financial statement received by the department within 15 297
days after either 4-month period under this subsection shall be 298
considered timely. An applying contractor desiring to bid 299
exclusively for the performance of constructio n contracts with 300
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proposed budget estimates of less than $2 $1 million may submit 301
reviewed annual or reviewed interim financial statements 302
prepared by a certified public accountant. The information 303
required by this subsection is confidential and exempt from s. 304
119.07(1). The department shall act upon the application for 305
qualification within 30 days after the department determines 306
that the application is complete. The department may waive the 307
requirements of this subsection for projects having a contract 308
price of $500,000 or less if the department determines that the 309
project is of a noncritical nature and the waiver will not 310
endanger public health, safety, or property. 311
(4) If the applicant is found to possess the prescribed 312
qualifications, the department sha ll issue to him or her a 313
certificate of qualification that, unless thereafter revoked by 314
the department for good cause, will be valid for a period of 18 315
months after the date of the applicant's financial statement or 316
such shorter period as the department p rescribes. Submission of 317
an application does and subsequent approval do not affect 318
expiration of the certificate of qualification , the ability 319
factor of the applicant, or the maximum capacity rating of the 320
applicant. An applicant may submit a written reque st with a 321
timely submitted application to keep an existing certificate of 322
qualification in place until the expiration date. If the request 323
is approved by the department, the current maximum capacity 324
rating of the applicant must remain in place until expira tion of 325
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the current certificate of qualification. If the department 326
finds that an application is incomplete or contains inadequate 327
information or information that cannot be verified, the 328
department may request in writing that the applicant provide the 329
necessary information to complete the application or provide the 330
source from which any information in the application may be 331
verified. If the applicant fails to comply with the initial 332
written request within a reasonable period of time as specified 333
therein, the department shall request the information a second 334
time. If the applicant fails to comply with the second request 335
within a reasonable period of time as specified therein, the 336
application shall be denied. 337
(7) A "contractor" as defined in s. 337.165(1)(d) or his 338
or her "affiliate" as defined in s. 337.165(1)(a) qualified with 339
the department under this section may not also qualify under s. 340
287.055 or s. 337.105 to provide testing services, construction, 341
engineering, and inspection services to the department . This 342
limitation does not apply to any design -build prequalification , 343
including any progressive design -build prequalification, under 344
s. 337.11(7) and does not apply when the department otherwise 345
determines by written order entered at least 30 days before 346
advertisement that the limitation is not in the best interests 347
of the public with respect to a particular contract for testing 348
services, construction, engineering, and inspection services. 349
This subsection does not authorize a contractor to provide 350
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testing services, or provide construction, engineering, and 351
inspection services, to the department in connection with a 352
construction contract under which the contractor is performing 353
any work. Notwithstanding any other provision of law to the 354
contrary, for a project that is wholly or partially funded by 355
the department and administered by a local governmental entity, 356
except for a seaport l isted in s. 311.09 or an airport as 357
defined in s. 332.004, the entity performing design and 358
construction engineering and inspection services may not be the 359
same entity. 360
Section 8. Subsection (2) of section 337.168, Florida 361
Statutes, is amended to read: 362
337.168 Confidentiality of official estimates , identities 363
of potential bidders, and bid analysis and monitoring system. — 364
(2) A document that reveals the identity of a person who 365
has requested or obtained a bid package, plan, or specifications 366
pertaining to any project to be let by the department is 367
confidential and exempt from the provisions of s. 119.07(1) for 368
the period that begins 2 working days before the deadline for 369
obtaining bid packages, plans, or specifications and ends with 370
the letting of the bid. A document that reveals the identity of 371
a person who has requested or obtained a bid package, plan, or 372
specifications pertaining to any project to be let by the 373
department before the 2 working days before the deadline for 374
obtaining bid packages, plan s, or specifications remains a 375
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public record subject to s. 119.07(1). 376
Section 9. Paragraph (a) of subsection (1) of section 377
338.223, Florida Statutes, is amended to read: 378
338.223 Proposed turnpike projects. — 379
(1)(a) Any proposed project to be constr ucted or acquired 380
as part of the turnpike system and any turnpike improvement 381
shall be included in the tentative work program. A proposed 382
project or group of proposed projects may not be added to the 383
turnpike system unless such project or projects are dete rmined 384
to be economically feasible and a statement of environmental 385
feasibility has been completed for such project or projects and 386
such projects are determined to be consistent, to the maximum 387
extent feasible, with approved local government comprehensive 388
plans of the local governments in which such projects are 389
located. The department may authorize engineering studies, 390
traffic studies, environmental studies, and other expert studies 391
of the location, costs, economic feasibility, and practicality 392
of proposed turnpike projects throughout the state and may 393
proceed with the design phase of such projects. The department 394
may not request legislative approval of a proposed turnpike 395
project until the design phase of that project is at least 30 396
percent complete. If a proposed project or group of proposed 397
projects is found to be economically feasible, consistent, to 398
the maximum extent feasible, with approved local government 399
comprehensive plans of the local governments in which such 400
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projects are located, and a favorable statement of environmental 401
feasibility has been completed, the department, with the 402
approval of the Legislature, shall, after the receipt of all 403
necessary permits, construct, maintain, and operate such 404
turnpike projects. 405
Section 10. This act shall tak e effect July 1, 2023. 406