Florida Senate - 2023 SB 1250 By Senator DiCeglie 18-01656A-23 20231250__ 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 287.057, F.S.; revising the contractual 4 services and commodities that are not subject to 5 specified competitive-solicitation requirements; 6 amending s. 288.9606, F.S.; providing construction 7 regarding the proceeds of bonds of the Florida 8 Development Finance Corporation; revising purposes for 9 which the corporation may, without certain 10 authorization from a public agency, issue revenue 11 bonds or other evidence of indebtedness; amending s. 12 334.044, F.S.; revising the departments powers and 13 duties; amending s. 337.11, F.S.; increasing the 14 maximum cost of contracts for construction and 15 maintenance the department may enter into without 16 advertising and receiving competitive bids; amending 17 s. 339.135, F.S.; abrogating the expiration of 18 provisions authorizing the approval of certain work 19 program amendments submitted by the department; 20 amending s. 341.052, F.S.; requiring that public 21 transportation development plans of eligible providers 22 of public transit block grants be consistent with the 23 long-range transportation plans of the metropolitan 24 planning area in which the providers are located; 25 amending s. 341.071, F.S.; revising requirements of 26 annual public transit provider reports; requiring each 27 public transit provider to publish on its website, 28 rather than in the local newspaper, certain 29 performance measures; repealing part IV of ch. 348, 30 F.S., relating to the Santa Rosa Bay Bridge Authority; 31 transferring the governance and control of the Santa 32 Rosa Bay Bridge Authority to the department; 33 transferring the remaining assets, facilities, 34 property, and property rights of the authority to the 35 department; providing that the department succeeds to 36 all powers of the authority; authorizing the 37 department to review other contracts, financial 38 obligations, and contractual obligations and 39 liabilities of the authority and to assume legal 40 liability for such obligations determined by the 41 department to be necessary for the continued operation 42 of the bridge system; authorizing the department to 43 transfer the bridge system, or any portion thereof, to 44 become part of the turnpike system; providing 45 effective dates. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1.Paragraph (e) of subsection (3) of section 50 287.057, Florida Statutes, is amended to read: 51 287.057Procurement of commodities or contractual 52 services. 53 (3)If the purchase price of commodities or contractual 54 services exceeds the threshold amount provided in s. 287.017 for 55 CATEGORY TWO, purchase of commodities or contractual services 56 may not be made without receiving competitive sealed bids, 57 competitive sealed proposals, or competitive sealed replies 58 unless: 59 (e)The following contractual services and commodities are 60 not subject to the competitive-solicitation requirements of this 61 section: 62 1.Artistic services. As used in this subsection, the term 63 artistic services does not include advertising or typesetting. 64 As used in this subparagraph, the term advertising means the 65 making of a representation in any form in connection with a 66 trade, business, craft, or profession in order to promote the 67 supply of commodities or services by the person promoting the 68 commodities or contractual services. 69 2.Academic program reviews if the fee for such services 70 does not exceed $50,000. 71 3.Lectures by individuals. 72 4.Legal services, including attorney, paralegal, expert 73 witness, appraisal, or mediator services. 74 5.Health services involving examination, diagnosis, 75 treatment, prevention, medical consultation, or administration. 76 The term also includes, but is not limited to, substance abuse 77 and mental health services involving examination, diagnosis, 78 treatment, prevention, or medical consultation if such services 79 are offered to eligible individuals participating in a specific 80 program that qualifies multiple providers and uses a standard 81 payment methodology. Reimbursement of administrative costs for 82 providers of services purchased in this manner are also exempt. 83 For purposes of this subparagraph, the term providers means 84 health professionals and health facilities, or organizations 85 that deliver or arrange for the delivery of health services. 86 6.Services provided to persons with mental or physical 87 disabilities by not-for-profit corporations that have obtained 88 exemptions under s. 501(c)(3) of the United States Internal 89 Revenue Code or when such services are governed by Office of 90 Management and Budget Circular A-122. However, in acquiring such 91 services, the agency shall consider the ability of the vendor, 92 past performance, willingness to meet time requirements, and 93 price. 94 7.Medicaid services delivered to an eligible Medicaid 95 recipient unless the agency is directed otherwise in law. 96 8.Family placement services. 97 9.Prevention services related to mental health, including 98 drug abuse prevention programs, child abuse prevention programs, 99 and shelters for runaways, operated by not-for-profit 100 corporations. However, in acquiring such services, the agency 101 shall consider the ability of the vendor, past performance, 102 willingness to meet time requirements, and price. 103 10.Training and education services provided to injured 104 employees pursuant to s. 440.491(6). 105 11.Contracts entered into pursuant to s. 337.11. 106 12.Services or commodities provided by governmental 107 entities. 108 13.Statewide public service announcement programs provided 109 by a Florida statewide nonprofit corporation under s. 501(c)(6) 110 of the Internal Revenue Code which have a guaranteed documented 111 match of at least $3 to $1. 112 14.Rating agency services. 113 Section 2.Subsections (6) and (7) of section 288.9606, 114 Florida Statutes, are amended to read: 115 288.9606Issue of revenue bonds. 116 (6)The proceeds of any bonds of the corporation may not be 117 used, in any manner, to acquire any building or facility that 118 will be, during the pendency of the financing, used by, occupied 119 by, leased to, or paid for by any state, county, or municipal 120 agency or entity. This subsection does not prohibit the use of 121 proceeds of bonds of the corporation for the purpose of 122 financing the acquisition or construction of a transportation 123 facility under a public-private partnership agreement authorized 124 under s. 334.30. 125 (7)Notwithstanding any provision of this section, the 126 corporation in its corporate capacity may, without authorization 127 from a public agency under s. 163.01(7), issue revenue bonds or 128 other evidence of indebtedness under this section to: 129 (a)Finance the undertaking of any project within the state 130 that promotes renewable energy as defined in s. 366.91 or s. 131 377.803; 132 (b)Finance the undertaking of any project within the state 133 that is a project contemplated or allowed under s. 406 of the 134 American Recovery and Reinvestment Act of 2009; or 135 (c)If permitted by federal law, finance qualifying 136 improvement projects within the state under s. 163.08; or 137 (d)Finance the costs of acquisition or construction of a 138 transportation facility by a private entity or consortium of 139 private entities under a public-private partnership agreement 140 authorized under s. 334.30. 141 Section 3.Subsection (5) of section 334.044, Florida 142 Statutes, is amended, and subsection (36) is added to that 143 section, to read: 144 334.044Powers and duties of the department.The department 145 shall have the following general powers and duties: 146 (5)To purchase, lease, or otherwise acquire property and 147 materials, including the purchase of promotional items as part 148 of public information and education campaigns for the promotion 149 of scenic highways, traffic and train safety awareness, 150 alternatives to single-occupant vehicle travel, and commercial 151 motor vehicle safety, electric vehicle use and charging 152 stations, autonomous vehicles, and context design for electric 153 vehicles and autonomous vehicles; to purchase, lease, or 154 otherwise acquire equipment and supplies; and to sell, exchange, 155 or otherwise dispose of any property that is no longer needed by 156 the department. 157 (36)To expend funds, within the departments discretion, 158 for training, testing, and licensing for full-time employees of 159 the department who are required to have a valid Class A or Class 160 B commercial driver license as a condition of employment with 161 the department. 162 Section 4.Paragraph (c) of subsection (6) of section 163 337.11, Florida Statutes, is amended to read: 164 337.11Contracting authority of department; bids; emergency 165 repairs, supplemental agreements, and change orders; combined 166 design and construction contracts; progress payments; records; 167 requirements of vehicle registration. 168 (6) 169 (c)When the department determines that it is in the best 170 interest of the public for reasons of public concern, economy, 171 improved operations, or safety, and only when circumstances 172 dictate rapid completion of the work, the department may, up to 173 the amount of $500,000 $250,000, enter into contracts for 174 construction and maintenance without advertising and receiving 175 competitive bids. The department may enter into such contracts 176 only upon a determination that the work is necessary for one of 177 the following reasons: 178 1.To ensure timely completion of projects or avoidance of 179 undue delay for other projects; 180 2.To accomplish minor repairs or construction and 181 maintenance activities for which time is of the essence and for 182 which significant cost savings would occur; or 183 3.To accomplish nonemergency work necessary to ensure 184 avoidance of adverse conditions that affect the safe and 185 efficient flow of traffic. 186 187 The department shall make a good faith effort to obtain two or 188 more quotes, if available, from qualified contractors before 189 entering into any contract. The department shall give 190 consideration to disadvantaged business enterprise 191 participation. However, when the work exists within the limits 192 of an existing contract, the department shall make a good faith 193 effort to negotiate and enter into a contract with the prime 194 contractor on the existing contract. 195 Section 5.Paragraph (h) of subsection (7) of section 196 339.135, Florida Statutes, is amended to read: 197 339.135Work program; legislative budget request; 198 definitions; preparation, adoption, execution, and amendment. 199 (7)AMENDMENT OF THE ADOPTED WORK PROGRAM. 200 (h)1.Any work program amendment that also adds a new 201 project, or phase thereof, to the adopted work program in excess 202 of $3 million is subject to approval by the Legislative Budget 203 Commission. Any work program amendment submitted under this 204 paragraph must include, as supplemental information, a list of 205 projects, or phases thereof, in the current 5-year adopted work 206 program which are eligible for the funds within the 207 appropriation category being used for the proposed amendment. 208 The department shall provide a narrative with the rationale for 209 not advancing an existing project, or phase thereof, in lieu of 210 the proposed amendment. 211 2.If the department submits an amendment to the 212 Legislative Budget Commission and the commission does not meet 213 or consider the amendment within 30 days after its submittal, 214 the chair and vice chair of the commission may authorize the 215 amendment to be approved pursuant to s. 216.177. This 216 subparagraph expires July 1, 2023. 217 Section 6.Subsection (1) of section 341.052, Florida 218 Statutes, is amended to read: 219 341.052Public transit block grant program; administration; 220 eligible projects; limitation. 221 (1)There is created a public transit block grant program 222 which shall be administered by the department. Block grant funds 223 shall only be provided to Section 9 providers and Section 18 224 providers designated by the United States Department of 225 Transportation and community transportation coordinators as 226 defined in chapter 427. Eligible providers must establish public 227 transportation development plans consistent, to the maximum 228 extent feasible, with approved local government comprehensive 229 plans of the units of local government in which the provider is 230 located and the long-range transportation plans of the 231 metropolitan planning area in which the provider is located. In 232 developing public transportation development plans, eligible 233 providers must solicit comments from local workforce development 234 boards established under chapter 445. The development plans must 235 address how the public transit provider will work with the 236 appropriate local workforce development board to provide 237 services to participants in the welfare transition program. 238 Eligible providers must provide information to the local 239 workforce development board serving the county in which the 240 provider is located regarding the availability of transportation 241 services to assist program participants. 242 Section 7.Subsections (2) and (3) of section 341.071, 243 Florida Statutes, are amended to read: 244 341.071Transit productivity and performance measures; 245 reports. 246 (2)Each public transit provider shall establish 247 productivity and performance measures, which must be approved by 248 the department and which must be selected from measures 249 developed pursuant to s. 341.041(3). Each provider shall, by 250 January 31 of each year, report to the department relative to 251 these measures. In approving these measures, the department 252 shall give consideration to the goals and objectives of each 253 system, the needs of the local area, and the role for public 254 transit in the local area. The report must include the shall 255 also specifically address potential enhancements to productivity 256 and performance which would have the effect of increasing 257 farebox recovery ratio. 258 (3)Each public transit provider shall publish on its 259 website in the local newspaper of its area the productivity and 260 performance measures established for the year and a report that 261 which provides quantitative data relative to the attainment of 262 established productivity and performance measures. 263 Section 8.Effective upon this act becoming a law, part IV 264 of chapter 348, Florida Statutes, consisting of sections 265 348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 266 348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 267 348.9781, Florida Statutes, is repealed. 268 Section 9.Effective upon this act becoming a law, the 269 governance and control of the Santa Rosa Bay Bridge Authority is 270 transferred to the Department of Transportation. 271 (1)Since the Santa Rosa Bay Bridge Authoritys bridge 272 system was transferred to the department under the terms of the 273 lease-purchase agreement and a settlement agreement between the 274 department and the authority which was effective as of the close 275 of business on June 30, 2022, any remaining assets, facilities, 276 tangible and intangible property, and any rights in such 277 property, and other legal rights of the authority are 278 transferred to the department. The department succeeds to all 279 powers of the authority. The department may review other 280 contracts, financial obligations, and contractual obligations 281 and liabilities of the authority and may assume legal liability 282 for such obligations that are determined by the department to be 283 necessary for the continued operation of the bridge system. 284 (2)The bridge system, or any portion thereof, may be 285 transferred by the department and become part of the turnpike 286 system under the Florida Turnpike Enterprise Law, ss. 338.22 287 338.241, Florida Statutes. 288 Section 10.Except as otherwise expressly provided in this 289 act and except for this section, which shall take effect upon 290 this act becoming a law, this act shall take effect July 1, 291 2023.