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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; creating s. 339.84, F.S.; requiring the 53
allocation of funds to a workforce development program 54
provided by the department for a certain period for 55
certain purposes; providing an effective date. 56
57
Be It Enacted by the Leg islature of the State of Florida: 58
59
Section 1. Section 316.83, Florida Statutes, is created to 60
read: 61
316.83 Autonomous vehicle grading standards for roads on 62
State Highway System. —The Department of Transportation shall 63
coordinate with federal, regiona l, and local partners, as well 64
as industry representatives, to establish standards by which 65
roads on the State Highway System shall be graded according to 66
their compatibility with the operation of autonomous vehicles. 67
In establishing such standards, the de partment shall consider 68
factors including, but not limited to, the structural adequacy 69
and safety of each road and the particular challenges that the 70
overall driving environment of each road may present to a fully 71
autonomous vehicle operating with the auto mated driving system 72
engaged. Autonomous vehicle grading standards established 73
pursuant to this section shall be incorporated into standards 74
for transportation projects involving the construction of new 75
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roads or maintenance of existing roads on the State H ighway 76
System. 77
Section 2. Section 334.066, Florida Statutes, is created 78
to read: 79
334.066 Implementing Solutions from Transportation 80
Research and Evaluating Emerging Technologies Living Lab. — 81
(1) The Implementing Solutions from Transportation 82
Research and Evaluating Emerging Technologies Living Lab (I -83
STREET) is established within the University of Florida. 84
(2) At a minimum, I -STREET shall: 85
(a) Conduct and facilitate research on issues related to 86
innovative transportation mobility and safety tech nology 87
development and deployment in this state and serve as an 88
information exchange and depository for the most current 89
information pertaining to transportation research, education, 90
workforce development, and related issues. 91
(b) Be a continuing resource for the Legislature, the 92
department, local governments, the nation's metropolitan 93
regions, and the private sector in the area of transportation 94
and related research. 95
(c) Promote intercampus transportation and related 96
research activities among Florida un iversities to enhance the 97
ability of these universities to attract federal and private 98
sector funding for transportation and related research. 99
(d) Provide by July 1, 2024, and each July 1 thereafter, 100
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to the Governor, the President of the Senate, and the Speaker of 101
the House of Representatives a comprehensive report that 102
outlines its clearly defined goals and its efforts and progress 103
on reaching those goals. 104
(3) An advisory board shall be created to periodically 105
review and advise I-STREET concerning its research program. The 106
board shall consist of nine members with expertise in 107
transportation-related areas, as follows: 108
(a) A member appointed by the President of the Senate. 109
(b) A member appointed by the Speaker of the House of 110
Representatives. 111
(c) The Secretary of Transportation or his or her 112
designee. 113
(d) The Secretary of Economic Opportunity or his or her 114
designee. 115
(e) A member of the Florida Transportation Commission. 116
(f) Four members nominated by the University of Florida's 117
College of Engineering and approved by the university's 118
president. The College of Engineering's nominees may include 119
representatives of the University of Florida, other academic and 120
research institutions, or private entities. 121
Section 3. Section 334.179, Florida Statu tes, is amended 122
to read: 123
334.179 Department standards or specifications for 124
permissible use of aggregates ; misrepresentation of 125
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certification.— 126
(1) Notwithstanding any law, rule, or ordinance to the 127
contrary, a local government may not adopt standards or 128
specifications that are contrary to the department standards or 129
specifications for permissible use of aggregates that have been 130
certified for use. For purposes of this section, the term 131
"certified for use" means that the aggregates have been 132
certified by the producer in compliance accordance with 133
department rules adopted pursuant to s. 334.044(10)(d) . This 134
section does not apply to a multicounty independent special 135
district created by a special act of the Legislature. 136
(2) A producer may not represent t hat an aggregate is 137
certified for use unless such aggregate is in compliance with 138
department rules adopted pursuant to s. 334.044(10)(d). 139
Section 4. Section 334.181, Florida Statutes, is created 140
to read: 141
334.181 Electronic proof of delivery. —Notwithstanding any 142
law, rule, or ordinance to the contrary, a local governmental 143
entity must accept an electronic proof of delivery as an 144
official record for a material delivery on the local 145
governmental entity's transportation project. 146
Section 5. Subsections (15) and (16) of section 337.11, 147
Florida Statutes, are renumbered as subsections (18) and (19), 148
respectively, and new subsections (15), (16), and (17) are added 149
to that section to read: 150
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337.11 Contracting authority of department; bids; 151
emergency repairs, supplemental agreements, and change orders; 152
combined design and construction contracts; progress payments; 153
records; requirements of vehicle registration. — 154
(15) Each contract let by the department for performance 155
of bridge construction or maintenance ov er navigable waters must 156
contain a provision requiring marine general liability 157
insurance, in an amount to be determined by the department, 158
which covers third-party personal injury and property damage 159
caused by vessels used by the contractor in the perform ance of 160
the work. 161
(16) The department shall implement strategies to reduce 162
the cost of all project phases, including design, construction, 163
and inspection, while ensuring that the design and construction 164
of projects meet applicable federal and state stand ards. The 165
department shall make a record of such strategies and the 166
projected savings related thereto. 167
(17) The department may share a portion of the 168
construction cost savings realized due to a change in the 169
construction contract design and scope, initia ted after 170
execution of the contract, with a design services consultant or 171
a construction engineering and inspection services consultant to 172
the extent that the consultant's input and involvement 173
contributed to such savings. The amount paid to a consultant 174
pursuant to this subsection may not exceed 10 percent of the 175
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construction cost savings realized. 176
Section 6. Subsection (1) of section 337.1101, Florida 177
Statutes, is amended to read: 178
337.1101 Contracting and procurement authority of the 179
department; settlements; notification required. — 180
(1) When the department, or any entity or enterprise 181
within the department, determines that it is in the best 182
interest of the public to resolve a protest filed in accordance 183
with s. 120.57(3) of the award of a contract b eing procured 184
pursuant to s. 337.11 or related to the purchase of personal 185
property or contractual services being procured pursuant to s. 186
287.057, through a settlement that requires the department to 187
pay a nonselected responsive bidder a total sum of $1 mi llion or 188
more, including any amount paid pursuant to s. 334.049, any 189
amount paid pursuant to s. 337.11(8) which is not included in 190
the department's work program approved by the Legislature as 191
part of the General Appropriations Act , or any amount paid 192
pursuant to any other law, the department must: 193
(a) Document in a written memorandum by the secretary the 194
specific reasons that such settlement and payment to a 195
nonselected responsive bidder is in the best interest of the 196
state. The written memorandum must be included and maintained in 197
the department's permanent files concerning the procurement and 198
must include: 199
1. A description of the property rights, patent rights, 200
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copyrights, trademarks, or the engineering design or other 201
design work that the department w ill acquire or retain as a 202
result of such settlement; and 203
2. The specific appropriation in the existing General 204
Appropriations Act which the department intends to use to 205
provide such payment. 206
(b) Provide prior written notification to the President of 207
the Senate, the Speaker of the House of Representatives, the 208
Senate and House of Representatives minority leaders, the chair 209
and vice chair of the Legislative Budget Commission, and the 210
Attorney General at least 5 business days, or as soon thereafter 211
as practicable, before the department makes the settlement 212
agreement final. Such written notification must include the 213
written memorandum required pursuant to paragraph (a). 214
(c) Provide, at the time settlement discussions regarding 215
any such payment have begun in earnest, written notification of 216
such discussions to the President of the Senate, the Speaker of 217
the House of Representatives, the Senate and House of 218
Representatives minority leaders, the chair and vice chair of 219
the Legislative Budget Commission, and t he Attorney General. 220
Section 7. Subsections (1) and (4) of section 337.14, 221
Florida Statutes, are amended to read: 222
337.14 Application for qualification; certificate of 223
qualification; restrictions; request for hearing. — 224
(1) Any contractor desiring to bid for the performance of 225
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any construction contract in excess of $250,000 which the 226
department proposes to let must first be certified by the 227
department as qualified pursuant to this section and rules of 228
the department. The rules of the department must a ddress the 229
qualification of contractors to bid on construction contracts in 230
excess of $250,000 and must include requirements with respect to 231
the equipment, past record, experience, financial resources, and 232
organizational personnel of the applying contracto r which are 233
necessary to perform the specific class of work for which the 234
contractor seeks certification. Any contractor who desires to 235
bid on contracts in excess of $50 million and who is not 236
qualified and in good standing with the department as of Januar y 237
1, 2019, must first be certified by the department as qualified 238
and must have satisfactorily completed two projects, each in 239
excess of $15 million, for the department or for any other state 240
department of transportation. The department may limit the 241
dollar amount of any contract upon which a contractor is 242
qualified to bid or the aggregate total dollar volume of 243
contracts such contractor is allowed to have under contract at 244
any one time. Each applying contractor seeking qualification to 245
bid on construction contracts in excess of $250,000 shall 246
furnish the department a statement under oath, on such forms as 247
the department may prescribe, setting forth detailed information 248
as required on the application. Each application for 249
certification must be accompanied by audited, certified 250
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financial statements prepared in accordance with generally 251
accepted accounting principles and auditing standards by a 252
certified public accountant licensed in this state or another 253
state. The audited, certified financial statements must be for 254
the applying contractor and must have been prepared within the 255
immediately preceding 12 months. The department may not consider 256
any financial information of the parent entity of the applying 257
contractor, if any. The department may not certify as qual ified 258
any applying contractor who fails to submit the audited, 259
certified financial statements required by this subsection. If 260
the application or the annual financial statement shows the 261
financial condition of the applying contractor more than 4 262
months before the date on which the application is received by 263
the department, the applicant must also submit interim audited, 264
certified financial statements prepared in accordance with 265
generally accepted accounting principles and auditing standards 266
by a certified public accountant licensed in this state or 267
another state. The interim financial statements must cover the 268
period from the end date of the annual statement and must show 269
the financial condition of the applying contractor no more than 270
4 months before the date that the interim financial statements 271
are received by the department. However, upon the request of the 272
applying contractor, an application and accompanying annual or 273
interim financial statement received by the department within 15 274
days after either 4-month period under this subsection shall be 275
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considered timely. An applying contractor desiring to bid 276
exclusively for the performance of construction contracts with 277
proposed budget estimates of less than $2 $1 million may submit 278
reviewed annual or reviewed int erim financial statements 279
prepared by a certified public accountant. The information 280
required by this subsection is confidential and exempt from s. 281
119.07(1). The department shall act upon the application for 282
qualification within 30 days after the departme nt determines 283
that the application is complete. The department may waive the 284
requirements of this subsection for projects having a contract 285
price of $500,000 or less if the department determines that the 286
project is of a noncritical nature and the waiver wi ll not 287
endanger public health, safety, or property. 288
(4) If the applicant is found to possess the prescribed 289
qualifications, the department shall issue to him or her a 290
certificate of qualification that, unless thereafter revoked by 291
the department for good cause, will be valid for a period of 18 292
months after the date of the applicant's financial statement or 293
such shorter period as the department prescribes. Submission of 294
an application does and subsequent approval do not affect 295
expiration of the certificate of qualification, the ability 296
factor of the applicant, or the maximum capacity rating of the 297
applicant. An applicant may submit a written request with a 298
timely submitted application to keep an existing certificate of 299
qualification in place until the expiration date. If the request 300
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is approved by the department, the current maximum capacity 301
rating of the applicant must remain in place until expiration of 302
the current certificate of qualification. If the department 303
finds that an application is incomplete or contains inadequate 304
information or information that cannot be verified, the 305
department may request in writ ing that the applicant provide the 306
necessary information to complete the application or provide the 307
source from which any information in the application may be 308
verified. If the applicant fails to comply with the initial 309
written request within a reasonable period of time as specified 310
therein, the department shall request the information a second 311
time. If the applicant fails to comply with the second request 312
within a reasonable period of time as specified therein, the 313
application shall be denied. 314
Section 8. Subsection (2) of section 337.168, Florida 315
Statutes, is amended to read: 316
337.168 Confidentiality of official estimates , identities 317
of potential bidders, and bid analysis and monitoring system. — 318
(2) A document that reveals the identity of a person who 319
has requested or obtained a bid package, plan, or specifications 320
pertaining to any project to be let by the department is 321
confidential and exempt from the provisions of s. 119.07(1) for 322
the period that begins 2 working days before the deadline for 323
obtaining bid packages, plans, or specifications and ends with 324
the letting of the bid. A document that reveals the identity of 325
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a person who has requested or obtained a bid package, plan, or 326
specifications pertaining to any project to be let by the 327
department before the 2 working days before the deadline for 328
obtaining bid packages, plans, or specifications remains a 329
public record subject to s. 119.07(1). 330
Section 9. Paragraph (a) of subsection (1) of secti on 331
338.223, Florida Statutes, is amended to read: 332
338.223 Proposed turnpike projects. — 333
(1)(a) Any proposed project to be constructed or acquired 334
as part of the turnpike system and any turnpike improvement 335
shall be included in the tentative work program . A proposed 336
project or group of proposed projects may not be added to the 337
turnpike system unless such project or projects are determined 338
to be economically feasible and a statement of environmental 339
feasibility has been completed for such project or projec ts and 340
such projects are determined to be consistent, to the maximum 341
extent feasible, with approved local government comprehensive 342
plans of the local governments in which such projects are 343
located. The department may authorize engineering studies, 344
traffic studies, environmental studies, and other expert studies 345
of the location, costs, economic feasibility, and practicality 346
of proposed turnpike projects throughout the state and may 347
proceed with the design phase of such projects. The department 348
may not request legislative approval of a proposed turnpike 349
project until the design phase of that project is at least 30 350
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percent complete. If a proposed project or group of proposed 351
projects is found to be economically feasible, consistent, to 352
the maximum extent feasib le, with approved local government 353
comprehensive plans of the local governments in which such 354
projects are located, and a favorable statement of environmental 355
feasibility has been completed, the department, with the 356
approval of the Legislature, shall, afte r the receipt of all 357
necessary permits, construct, maintain, and operate such 358
turnpike projects. 359
Section 10. Section 339.84, Florida Statutes, is created 360
to read: 361
339.84 Workforce development. —Beginning in the 2023 -2024 362
fiscal year and annually ther eafter for 5 years, a minimum of $5 363
million from the department's existing resources shall be 364
allocated annually to the workforce development program as 365
provided in s. 334.044(35) and to promote rewarding career paths 366
in Florida's road and bridge industry. 367
Section 11. This act shall take effect July 1, 2023. 368