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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; creating s. 316.83, 2
F.S.; requiring the Department of Transportation to 3
coordinate with certain entities to establish 4
standards by which roads on the State Highway System 5
shall be graded according to their compatibility w ith 6
the operation of autonomous vehicles; providing 7
factors to be considered by the department in 8
establishing such standards; requiring established 9
standards to be incorporated into standards for 10
certain transportation projects; creating s. 334.066, 11
F.S.; establishing the Implementing Solutions from 12
Transportation Research and Evaluating Emerging 13
Technologies Living Lab (I -STREET) within the 14
University of Florida; specifying the duties of I -15
STREET; requiring I-STREET to annually provide the 16
Governor and the Legislature with a certain report; 17
requiring the creation of a certain advisory board; 18
specifying the composition of the board; amending s. 19
334.179, F.S.; limiting certification of aggregate 20
shipments to those in compliance with specified rules 21
of the department; prohibiting a producer of 22
aggregates from misrepresenting certification of 23
aggregates; creating s. 334.181, F.S.; requiring a 24
local governmental entity to accept an electronic 25
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proof of delivery as an official record for a material 26
delivery on the local governmental entity's 27
transportation project; amending s. 337.11, F.S.; 28
requiring certain bridge construction or maintenance 29
contracts to require certain marine general liability 30
insurance; requiring the department to implement 31
strategies to reduce certain costs and to make a 32
record of such strategies and projected savings 33
related thereto; authorizing the department to share a 34
certain portion of construction cost savings with 35
certain consultants; amending s. 337.1101, F.S.; 36
revising procedures for re solving certain protests 37
through settlements requiring the payment of certain 38
amounts; amending s. 337.14, F.S.; revising a 39
limitation on the amount of a construction contract 40
for which a bidder may submit annual or interim 41
financial statements prepared by a certified public 42
accountant; revising the effect of submission and 43
approval of an application for a certificate of 44
qualification; authorizing submission of a written 45
request to maintain an existing certificate; amending 46
s. 337.168, F.S.; deleting an exe mption from public 47
records requirements for identities of potential 48
transportation project bidders; amending s. 338.223, 49
F.S.; deleting provisions prohibiting the department 50
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from requesting legislative approval of a proposed 51
turnpike project until the desi gn phase is partially 52
completed; providing an effective date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Section 316.83, Florida Statutes, is created to 57
read: 58
316.83 Autonomous vehicle grading standards for roads on 59
State Highway System.—The Department of Transportation shall 60
coordinate with federal, regional, and local partners, as well 61
as industry representatives, to establish standards by which 62
roads on the State Highway System shall be graded according to 63
their compatibility with the operation of autonomous vehicles. 64
In establishing such standards, the department shall consider 65
factors including, but not limited to, the structural adequacy 66
and safety of each road and the particular challenges that the 67
overall driving environment of each road may present to a fully 68
autonomous vehicle operating with the automated driving system 69
engaged. Autonomous vehicle grading standards established 70
pursuant to this section shall be incorporated into standards 71
for transportation proje cts involving the construction of new 72
roads or maintenance of existing roads on the State Highway 73
System. 74
Section 2. Section 334.066, Florida Statutes, is created 75
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to read: 76
334.066 Implementing Solutions from Transportation 77
Research and Evaluating Eme rging Technologies Living Lab. — 78
(1) The Implementing Solutions from Transportation 79
Research and Evaluating Emerging Technologies Living Lab (I -80
STREET) is established within the University of Florida. 81
(2) At a minimum, I -STREET shall: 82
(a) Conduct and facilitate research on issues related to 83
innovative transportation mobility and safety technology 84
development and deployment in this state and serve as an 85
information exchange and depository for the most current 86
information pertaining to transportation res earch, education, 87
workforce development, and related issues. 88
(b) Be a continuing resource for the Legislature, the 89
department, local governments, the nation's metropolitan 90
regions, and the private sector in the area of transportation 91
and related research . 92
(c) Promote intercampus transportation and related 93
research activities among Florida universities to enhance the 94
ability of these universities to attract federal and private 95
sector funding for transportation and related research. 96
(d) Provide by July 1, 2024, and each July 1 thereafter, 97
to the Governor, the President of the Senate, and the Speaker of 98
the House of Representatives a comprehensive report that 99
outlines its clearly defined goals and its efforts and progress 100
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on reaching those goals. 101
(3) An advisory board shall be created to periodically 102
review and advise I-STREET concerning its research program. The 103
board shall consist of nine members with expertise in 104
transportation-related areas, as follows: 105
(a) A member appointed by the President of th e Senate. 106
(b) A member appointed by the Speaker of the House of 107
Representatives. 108
(c) The Secretary of Transportation or his or her 109
designee. 110
(d) The Secretary of Economic Opportunity or his or her 111
designee. 112
(e) A member of the Florida Transportation Commission. 113
(f) Four members nominated by the University of Florida's 114
College of Engineering and approved by the university's 115
president. The College of Engineering's nominees may include 116
representatives of the University of Florida, other academic and 117
research institutions, or private entities. 118
Section 3. Section 334.179, Florida Statutes, is amended 119
to read: 120
334.179 Department standards or specifications for 121
permissible use of aggregates ; misrepresentation of 122
certification.— 123
(1) Notwithstanding any law, rule, or ordinance to the 124
contrary, a local government may not adopt standards or 125
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specifications that are contrary to the department standards or 126
specifications for permissible use of aggregates that have been 127
certified for use. For purposes of this section, the term 128
"certified for use" means that the aggregates have been 129
certified by the producer in compliance accordance with 130
department rules adopted pursuant to s. 334.044(10)(d) . This 131
section does not apply to a multicounty independ ent special 132
district created by a special act of the Legislature. 133
(2) A producer may not represent that an aggregate is 134
certified for use unless such aggregate is in compliance with 135
department rules adopted pursuant to s. 334.044(10)(d). 136
Section 4. Section 334.181, Florida Statutes, is created 137
to read: 138
334.181 Electronic proof of delivery. —Notwithstanding any 139
law, rule, or ordinance to the contrary, a local governmental 140
entity must accept an electronic proof of delivery as an 141
official record for a m aterial delivery on the local 142
governmental entity's transportation project. 143
Section 5. Subsections (15) and (16) of section 337.11, 144
Florida Statutes, are renumbered as subsections (18) and (19), 145
respectively, and new subsections (15), (16), and (17) ar e added 146
to that section to read: 147
337.11 Contracting authority of department; bids; 148
emergency repairs, supplemental agreements, and change orders; 149
combined design and construction contracts; progress payments; 150
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records; requirements of vehicle registration .— 151
(15) Each contract let by the department for performance 152
of bridge construction or maintenance over navigable waters must 153
contain a provision requiring marine general liability 154
insurance, in an amount to be determined by the department, 155
which covers third-party personal injury and property damage 156
caused by vessels used by the contractor in the performance of 157
the work. 158
(16) The department shall implement strategies to reduce 159
the cost of all project phases, including design, construction, 160
and inspection, while ensuring that the design and construction 161
of projects meet applicable federal and state standards. The 162
department shall make a record of such strategies and the 163
projected savings related thereto. 164
(17) The department may share a portion of the 165
construction cost savings realized due to a change in the 166
construction contract design and scope, initiated after 167
execution of the contract, with a design services consultant or 168
a construction engineering and inspection services consultant to 169
the extent that the consultant's input and involvement 170
contributed to such savings. The amount paid to a consultant 171
pursuant to this subsection may not exceed 10 percent of the 172
construction cost savings realized. 173
Section 6. Subsection (1) of section 337.1101, Florida 174
Statutes, is amended to read: 175
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337.1101 Contracting and procurement authority of the 176
department; settlements; notification required. — 177
(1) When the department, or any entity or enterprise 178
within the department, determines that it is in the best 179
interest of the public to resolve a protest filed in accordance 180
with s. 120.57(3) of the award of a contract being procured 181
pursuant to s. 337.11 or related to the purchase of personal 182
property or contractual services being procured pursuant to s. 183
287.057, through a settlement that requires the department to 184
pay a nonselected responsive bidder a total sum of $1 million or 185
more, including any amount paid pursuant to s. 334.049, any 186
amount paid pursuant to s. 337.11(8) which is not included in 187
the department's work p rogram approved by the Legislature as 188
part of the General Appropriations Act , or any amount paid 189
pursuant to any other law, the department must: 190
(a) Document in a written memorandum by the secretary the 191
specific reasons that such settlement and payment t o a 192
nonselected responsive bidder is in the best interest of the 193
state. The written memorandum must be included and maintained in 194
the department's permanent files concerning the procurement and 195
must include: 196
1. A description of the property rights, paten t rights, 197
copyrights, trademarks, or the engineering design or other 198
design work that the department will acquire or retain as a 199
result of such settlement; and 200
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2. The specific appropriation in the existing General 201
Appropriations Act which the department intends to use to 202
provide such payment. 203
(b) Provide prior written notification to the President of 204
the Senate, the Speaker of the House of Representatives, the 205
Senate and House of Representatives minority leaders, the chair 206
and vice chair of the Legislat ive Budget Commission, and the 207
Attorney General at least 5 business days, or as soon thereafter 208
as practicable, before the department makes the settlement 209
agreement final. Such written notification must include the 210
written memorandum required pursuant to p aragraph (a). 211
(c) Provide, at the time settlement discussions regarding 212
any such payment have begun in earnest, written notification of 213
such discussions to the President of the Senate, the Speaker of 214
the House of Representatives, the Senate and House of 215
Representatives minority leaders, the chair and vice chair of 216
the Legislative Budget Commission, and the Attorney General. 217
Section 7. Subsections (1) and (4) of section 337.14, 218
Florida Statutes, are amended to read: 219
337.14 Application for qualificati on; certificate of 220
qualification; restrictions; request for hearing. — 221
(1) Any contractor desiring to bid for the performance of 222
any construction contract in excess of $250,000 which the 223
department proposes to let must first be certified by the 224
department as qualified pursuant to this section and rules of 225
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the department. The rules of the department must address the 226
qualification of contractors to bid on construction contracts in 227
excess of $250,000 and must include requirements with respect to 228
the equipment, past record, experience, financial resources, and 229
organizational personnel of the applying contractor which are 230
necessary to perform the specific class of work for which the 231
contractor seeks certification. Any contractor who desires to 232
bid on contracts in excess of $50 million and who is not 233
qualified and in good standing with the department as of January 234
1, 2019, must first be certified by the department as qualified 235
and must have satisfactorily completed two projects, each in 236
excess of $15 million, for the department or for any other state 237
department of transportation. The department may limit the 238
dollar amount of any contract upon which a contractor is 239
qualified to bid or the aggregate total dollar volume of 240
contracts such contractor is allowed to have under contract at 241
any one time. Each applying contractor seeking qualification to 242
bid on construction contracts in excess of $250,000 shall 243
furnish the department a statement under oath, on such forms as 244
the department may prescribe, setting forth detailed information 245
as required on the application. Each application for 246
certification must be accompanied by audited, certified 247
financial statements prepared in accordance with generally 248
accepted accounting principles and auditing standards by a 249
certified public accountant licensed in this state or another 250
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state. The audited, certified financial statements must be for 251
the applying contractor and must have been prepared within the 252
immediately preceding 12 months. The department may not consider 253
any financial information of the parent entity of the applying 254
contractor, if any. The department may not certify as qualified 255
any applying contractor who fails to submit the audited, 256
certified financial statements required by this subsection. If 257
the application or the annua l financial statement shows the 258
financial condition of the applying contractor more than 4 259
months before the date on which the application is received by 260
the department, the applicant must also submit interim audited, 261
certified financial statements prepare d in accordance with 262
generally accepted accounting principles and auditing standards 263
by a certified public accountant licensed in this state or 264
another state. The interim financial statements must cover the 265
period from the end date of the annual statement and must show 266
the financial condition of the applying contractor no more than 267
4 months before the date that the interim financial statements 268
are received by the department. However, upon the request of the 269
applying contractor, an application and accompanyi ng annual or 270
interim financial statement received by the department within 15 271
days after either 4-month period under this subsection shall be 272
considered timely. An applying contractor desiring to bid 273
exclusively for the performance of construction contract s with 274
proposed budget estimates of less than $2 $1 million may submit 275
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reviewed annual or reviewed interim financial statements 276
prepared by a certified public accountant. The information 277
required by this subsection is confidential and exempt from s. 278
119.07(1). The department shall act upon the application for 279
qualification within 30 days after the department determines 280
that the application is complete. The department may waive the 281
requirements of this subsection for projects having a contract 282
price of $500,000 or less if the department determines that the 283
project is of a noncritical nature and the waiver will not 284
endanger public health, safety, or property. 285
(4) If the applicant is found to possess the prescribed 286
qualifications, the department shall issue t o him or her a 287
certificate of qualification that, unless thereafter revoked by 288
the department for good cause, will be valid for a period of 18 289
months after the date of the applicant's financial statement or 290
such shorter period as the department prescribes. Submission of 291
an application does and subsequent approval do not affect 292
expiration of the certificate of qualification , the ability 293
factor of the applicant, or the maximum capacity rating of the 294
applicant. An applicant may submit a written request with a 295
timely submitted application to keep an existing certificate of 296
qualification in place until the expiration date. If the request 297
is approved by the department, the current maximum capacity 298
rating of the applicant must remain in place until expiration of 299
the current certificate of qualification. If the department 300
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finds that an application is incomplete or contains inadequate 301
information or information that cannot be verified, the 302
department may request in writing that the applicant provide the 303
necessary information to complete the application or provide the 304
source from which any information in the application may be 305
verified. If the applicant fails to comply with the initial 306
written request within a reasonable period of time as specified 307
therein, the departme nt shall request the information a second 308
time. If the applicant fails to comply with the second request 309
within a reasonable period of time as specified therein, the 310
application shall be denied. 311
Section 8. Subsection (2) of section 337.168, Florida 312
Statutes, is amended to read: 313
337.168 Confidentiality of official estimates , identities 314
of potential bidders, and bid analysis and monitoring system. — 315
(2) A document that reveals the identity of a person who 316
has requested or obtained a bid package, plan, or specifications 317
pertaining to any project to be let by the department is 318
confidential and exempt from the provisions of s. 119.07(1) for 319
the period that begins 2 working days before the deadline for 320
obtaining bid packages, plans, or specifications and ends with 321
the letting of the bid. A document that reveals the identity of 322
a person who has requested or obtained a bid package, plan, or 323
specifications pertaining to any project to be let by the 324
department before the 2 working days before the deadline for 325
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obtaining bid packages, plans, or specifications remains a 326
public record subject to s. 119.07(1). 327
Section 9. Paragraph (a) of subsection (1) of secti on 328
338.223, Florida Statutes, is amended to read: 329
338.223 Proposed turnpike projects. — 330
(1)(a) Any proposed project to be constructed or acquired 331
as part of the turnpike system and any turnpike improvement 332
shall be included in the tentative work program . A proposed 333
project or group of proposed projects may not be added to the 334
turnpike system unless such project or projects are determined 335
to be economically feasible and a statement of environmental 336
feasibility has been completed for such project or projec ts and 337
such projects are determined to be consistent, to the maximum 338
extent feasible, with approved local government comprehensive 339
plans of the local governments in which such projects are 340
located. The department may authorize engineering studies, 341
traffic studies, environmental studies, and other expert studies 342
of the location, costs, economic feasibility, and practicality 343
of proposed turnpike projects throughout the state and may 344
proceed with the design phase of such projects. The department 345
may not request legislative approval of a proposed turnpike 346
project until the design phase of that project is at least 30 347
percent complete. If a proposed project or group of proposed 348
projects is found to be economically feasible, consistent, to 349
the maximum extent feasib le, with approved local government 350
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comprehensive plans of the local governments in which such 351
projects are located, and a favorable statement of environmental 352
feasibility has been completed, the department, with the 353
approval of the Legislature, shall, afte r the receipt of all 354
necessary permits, construct, maintain, and operate such 355
turnpike projects. 356
Section 10. This act shall take effect July 1, 2023. 357