Bill Amendment: FL S0266 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Transportation
Status: 2024-03-05 - Laid on Table, refer to CS/CS/CS/HB 287 [S0266 Detail]
Download: Florida-2024-S0266-Senate_Committee_Amendment_703922.html
Bill Title: Transportation
Status: 2024-03-05 - Laid on Table, refer to CS/CS/CS/HB 287 [S0266 Detail]
Download: Florida-2024-S0266-Senate_Committee_Amendment_703922.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 266 Ì703922ÊÎ703922 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Hooper) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (6) is added to section 206.46, 6 Florida Statutes, to read: 7 206.46 State Transportation Trust Fund.— 8 (6) The department may not annually commit more than 20 9 percent of the revenues derived from state fuel taxes and motor 10 vehicle license-related fees deposited into the State 11 Transportation Trust Fund to public transit projects, in 12 accordance with chapter 341. However, this subsection does not 13 apply to either of the following: 14 (a) A public transit project that uses revenues derived 15 from state fuel taxes and motor vehicle license-related fees to 16 match funds made available by the Federal Government. 17 (b) A public transit project included in the transportation 18 improvement program adopted pursuant to s. 339.175(8) and 19 approved by a supermajority vote of the board of county 20 commissioners where the project is located. 21 Section 2. Subsections (6) and (7) of section 288.9606, 22 Florida Statutes, is amended to read: 23 288.9606 Issue of revenue bonds.— 24 (6) The proceeds of any bonds of the corporation may not be 25 used, in any manner, to acquire any building or facility that 26 will be, during the pendency of the financing, used by, occupied 27 by, leased to, or paid for by any state, county, or municipal 28 agency or entity. This subsection does not prohibit the use of 29 proceeds of bonds of the corporation for the purpose of 30 financing the acquisition or construction of a transportation 31 facility under a comprehensivepublic-private partnership32 agreement authorized by s. 334.30. 33 (7) Notwithstanding any provision of this section, the 34 corporation in its corporate capacity may, without authorization 35 from a public agency under s. 163.01(7), issue revenue bonds or 36 other evidence of indebtedness under this section to: 37 (a) Finance the undertaking of any project within the state 38 that promotes renewable energy as defined in s. 366.91 or s. 39 377.803; 40 (b) Finance the undertaking of any project within the state 41 that is a project contemplated or allowed under s. 406 of the 42 American Recovery and Reinvestment Act of 2009;or43 (c) If permitted by federal law, finance qualifying 44 improvement projects within the state under s. 163.08; or.45 (d) Finance the costs of acquisition or construction of a 46 transportation facility by a private entity or consortium of 47 private entities under a comprehensivepublic-private48partnershipagreement authorized by s. 334.30. 49 Section 3. Present subsections (8) through (13) of section 50 334.30, Florida Statutes, are redesignated as subsections (9) 51 through (14), respectively, a new subsection (8) is added to 52 that section, and subsections (1), (2), and (6) and present 53 subsections (8), (10), and (11) of that section are amended, to 54 read: 55 334.30 Public-private transportation facilities.—The 56 Legislature finds and declares that there is a public need for 57 the rapid construction of safe and efficient transportation 58 facilities for the purpose of traveling within the state, and 59 that it is in the public’s interest to provide for the 60 construction of additional safe, convenient, and economical 61 transportation facilities. 62 (1) The department may receive or solicit proposals and, 63 with legislative approval as evidenced by approval of the 64 project in the department’s work program, enter into 65 comprehensive agreements with private entities, or consortia 66 thereof, for the building, operation, ownership, or financing of 67 transportation facilities. The department may advance projects 68 programmed in the adopted 5-year work program or projects 69 increasing transportation capacity and greater than $500 million 70 in the 10-year Strategic Intermodal Plan using funds provided by 71 public-private partnerships or private entities to be reimbursed 72 from department funds for the project as programmed in the 73 adopted work program. The department shall by rule establish an 74 application fee for the submission of unsolicited proposals 75 under this section. The fee must be sufficient to pay the costs 76 of evaluating the proposals. The department may engage the 77 services of private consultants to assist in the evaluation. 78 Before approval, the department must determine that the proposed 79 project: 80 (a) Is in the public’s best interest; 81 (b) Would not require state funds to be used unless the 82 project is on the State Highway System; 83 (c) Would have adequate safeguards in place to ensure that 84 no additional costs or service disruptions would be realized by 85 the traveling public and residents of the state in the event of 86 default or cancellation of the comprehensive agreement by the 87 department; 88 (d) Would have adequate safeguards in place to ensure that 89 the department or the private entity has the opportunity to add 90 capacity to the proposed project and other transportation 91 facilities serving similar origins and destinations; and 92 (e) Would be owned by the department upon completion or 93 termination of the comprehensive agreement. 94 95 The department shall ensure that all reasonable costs to the 96 state, related to transportation facilities that are not part of 97 the State Highway System, are borne by the private entity. The 98 department shall also ensure that all reasonable costs to the 99 state and substantially affected local governments and 100 utilities, related to the private transportation facility, are 101 borne by the private entity for transportation facilities that 102 are owned by private entities. For projects on the State Highway 103 System, the department may use state resources to participate in 104 funding and financing the project as provided for under the 105 department’s enabling legislation. Because the Legislature 106 recognizes that private entities or consortia thereof would 107 perform a governmental or public purpose or function when they 108 enter into comprehensive agreements with the department to 109 design, build, operate, own, or finance transportation 110 facilities, the transportation facilities, including leasehold 111 interests thereof, are exempt from ad valorem taxes as provided 112 in chapter 196 to the extent property is owned by the state or 113 other government entity, and from intangible taxes as provided 114 in chapter 199 and special assessments of the state, any city, 115 town, county, special district, political subdivision of the 116 state, or any other governmental entity. The private entities or 117 consortia thereof are exempt from tax imposed by chapter 201 on 118 all documents or obligations to pay money which arise out of the 119 comprehensive agreements to design, build, operate, own, lease, 120 or finance transportation facilities. Any private entities or 121 consortia thereof must pay any applicable corporate taxes as 122 provided in chapter 220, and reemployment assistance taxes as 123 provided in chapter 443, and sales and use tax as provided in 124 chapter 212 shall be applicable. The private entities or 125 consortia thereof must also register and collect the tax imposed 126 by chapter 212 on all their direct sales and leases that are 127 subject to tax under chapter 212. The comprehensive agreement 128 between the private entity or consortia thereof and the 129 department establishing a transportation facility under this 130 chapter constitutes documentation sufficient to claim any 131 exemption under this section. 132 (2) Comprehensive agreements entered into pursuant to this 133 section may authorize the private entity to impose tolls or 134 fares for the use of the facility. The following provisions 135shallapply to such agreements: 136 (a) With the exception of the Florida Turnpike System, the 137 department may lease existing toll facilities through public 138 private partnerships. The comprehensivepublic-private139partnershipagreement must ensure that the transportation 140 facility is properly operated, maintained, and renewed in 141 accordance with department standards. 142 (b) The department may develop new toll facilities or 143 increase capacity on existing toll facilities through public 144 private partnerships. The comprehensivepublic-private145partnershipagreement must ensure that the toll facility is 146 properly operated, maintained, and renewed in accordance with 147 department standards. 148 (c) Any toll revenues shall be regulated by the department 149 pursuant to s. 338.165(3). The regulations governing the future 150 increase of toll or fare revenues shall be included in the 151 comprehensivepublic-private partnershipagreement. 152 (d) The department shall provide the analysis required in 153 subparagraph (6)(e)2. to the Legislative Budget Commission 154 created pursuant to s. 11.90 for review and approval prior to 155 awarding a contract on a lease of an existing toll facility. 156 (e) The department shall include provisions in the 157 comprehensivepublic-private partnershipagreement whichthat158 ensure a negotiated portion of revenues from tolled or fare 159 generating projects are returned to the department over the life 160 of the comprehensivepublic-private partnershipagreement. In 161 the case of a lease of an existing toll facility, the department 162 shall receive a portion of funds upon closing on the 163 comprehensive agreementagreementsand shall also include 164 provisions in the comprehensive agreement to receive payment of 165 a portion of excess revenues over the life of the public-private 166 partnership. 167 (f) The private entity shall provide an independent 168investment gradetraffic and revenue study prepared by aan169internationally recognizedtraffic and revenue expert as part of 170 the private entity proposal. The study must bethat isaccepted 171 by the national bond rating agencies before closing on the 172 financing that supports the comprehensive agreement for the 173 public-private partnership project. The private entity shall 174 also provide a finance plan that identifies the project cost, 175 revenues by source, financing, major assumptions, internal rate 176 of return on private investments, and whether any government 177 funds are assumed to deliver a cost-feasible project, and a 178 total cash flow analysis beginning with implementation of the 179 project and extending for the term of the comprehensive 180 agreement. 181 (6) The procurement of public-private partnerships by the 182 department shall follow the provisions of this section. Sections 183 337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18, 184 337.185, 337.19, 337.221, and 337.251 mayshallnot apply to 185 procurements under this section unless a provision is included 186 in the procurement documents. The department shall ensure that 187 generally accepted business practices for exemptions provided by 188 this subsection are part of the procurement process or are 189 included in the comprehensivepublic-private partnership190 agreement. 191 (a) The department may request proposals from private 192 entities for public-private transportation projects or, if the 193 department receives an unsolicited proposal, the department 194 shall publish a notice in the Florida Administrative Register 195 and a newspaper of general circulation at least once a week for 196 2 weeks stating that the department has received the proposal 197 and will accept, for between 30 and 120 days after the initial 198 date of publication as determined by the department based on the 199 complexity of the project, other proposals for the same project 200 purpose. A copy of the notice must be mailed to each local 201 government in the affected area. 202 (b) Public-private partnerships shall be qualified by the 203 department as part of the procurement process as outlined in the 204 procurement documents, provided such process ensures that the 205 private firm meets at least the minimum department standards for 206 qualification in department rule for professional engineering 207 services and road and bridge contracting prior to submitting a 208 proposal under the procurement. 209 (c) The department shall ensure that procurement documents 210 include provisions for performance of the private entity and 211 payment of subcontractors, including, but not limited to, surety 212 bonds, letters of credit, parent company guarantees, and lender 213 and equity partner guarantees. The department shall balance the 214 structure of the security package for the public-private 215 partnership that ensures performance and payment of 216 subcontractors with the cost of the security to ensure the most 217 efficient pricing. 218 (d) After the public notification period has expired, the 219 department shall rank the proposals in order of preference. In 220 ranking the proposals, the department may consider factors that 221 include, but are not limited to, professional qualifications, 222 general business terms, innovative engineering or cost-reduction 223 terms, finance plans, and the need for state funds to deliver 224 the project. If the department is not satisfied with the results 225 of the negotiations, the department may, at its sole discretion, 226 terminate negotiations with the proposer. If these negotiations 227 are unsuccessful, the department may go to the second-ranked and 228 lower-ranked firms, in order, using this same procedure. If only 229 one proposal is received, the department may negotiate in good 230 faith and, if the department is not satisfied with the results 231 of the negotiations, the department may, at its sole discretion, 232 terminate negotiations with the proposer. Notwithstanding this 233 subsection, the department may, at its discretion, reject all 234 proposals at any point in the process up to completion of a 235 contract with the proposer. 236 (e) The department shall provide an independent analysis of 237 the proposed public-private partnership that demonstrates the 238 cost-effectiveness and overall public benefit at the following 239 times: 240 1. Prior to moving forward with the procurement; and 241 2. If the procurement moves forward, prior to awarding the 242 contract. 243 (8) Before or in connection with the negotiation of a 244 comprehensive agreement, the department may enter into an 245 interim agreement with the private entity proposing the 246 development or operation of a qualifying project. An interim 247 agreement does not obligate the department to enter into a 248 comprehensive agreement. The interim agreement is discretionary 249 with the parties and is not required on a project for which the 250 parties may proceed directly to a comprehensive agreement 251 without the need for an interim agreement. An interim agreement 252 must be limited to any of the following provisions that: 253 (a) Authorize the private entity to commence activities for 254 which it may be compensated related to the proposed qualifying 255 project, including, but not limited to, project planning and 256 development, designing, environmental analysis and mitigation, 257 surveying, other activities concerning any part of the proposed 258 qualifying project, and ascertaining the availability of 259 financing for the proposed facility or facilities. 260 (b) Establish the process and timing for the negotiation of 261 the comprehensive agreement. 262 (c) Contain such other provisions related to an aspect of 263 the development or operation of a qualifying project which the 264 department and the private entity deem appropriate. 265 (9)(8)The department may enter into comprehensivepublic266private partnershipagreements that include extended terms 267 providing annual payments for performance based on the 268 availability of service or the facility being open to traffic or 269 based on the level of traffic using the facility. In addition to 270 other provisions in this section, the following provisionsshall271 apply: 272 (a) The annual payments under any such comprehensive 273 agreement mustshallbe included in the department’s tentative 274 work program developed under s. 339.135 and the long-range 275 transportation plan for the applicable metropolitan planning 276 organization developed under s. 339.175. The department shall 277 ensure that annual payments on multiyear comprehensivepublic278private partnershipagreements are prioritized ahead of new 279 capacity projects in the development and updating of the 280 tentative work program. 281 (b) The annual payments are subject to annual appropriation 282 by the Legislature as provided in the General Appropriations Act 283 in support of the first year of the tentative work program. 284 (11)(10)BeforePrior toentering into any comprehensive 285suchagreement in whichwherefunds are committed from the State 286 Transportation Trust Fund, the project must be prioritized as 287 follows: 288 (a) The department, in coordination with the local 289 metropolitan planning organization, shall prioritize projects 290 included in the Strategic Intermodal System 10-year and long 291 range cost-feasible plans. 292 (b) The department, in coordination with the local 293 metropolitan planning organization or local government where 294 there is no metropolitan planning organization, shall prioritize 295 projects, for facilities not on the Strategic Intermodal System, 296 included in the metropolitan planning organization cost-feasible 297 transportation improvement plan and long-range transportation 298 plan. 299 (12)(11)ComprehensivePublic-private partnership300 agreements under this section areshall belimited to a term not 301 exceeding 50 years. Upon making written findings that a 302 comprehensiveanagreement under this section requires a term in 303 excess of 50 years, the secretary of the department may 304 authorize a term of up to 75 years for projects that are 305 partially or completely funded from project user fees. 306 Comprehensive agreements under this section mayshallnot have a 307 term in excess of 75 years unless specifically approved by the 308 Legislature. The department shall identify each new project 309 under this section with a term exceeding 75 years in the 310 transmittal letter that accompanies the submittal of the 311 tentative work program to the Governor and the Legislature in 312 accordance with s. 339.135. 313 Section 4. Paragraph (e) of subsection (7) and subsection 314 (13) of section 337.11, Florida Statutes, are amended to read: 315 337.11 Contracting authority of department; bids; emergency 316 repairs, supplemental agreements, and change orders; combined 317 design and construction contracts; progress payments; records; 318 requirements of vehicle registration.— 319 (7) 320 (e) For design-build contracts and phased design-build 321 contracts, the department must receive at least three letters of 322 interest in order to proceed with a request for proposals. The 323 department shall request proposals from no fewer than three of 324 thedesign-buildfirms submitting letters of interest. If a 325design-buildfirm withdraws from consideration after the 326 department requests proposals, the department may continue if at 327 least two proposals are received. 328 (13) Any motor vehicle used inEach contract let by the329department forthe performance of road or bridge construction or 330 maintenance work on a department project mustshall require all331motor vehicles that the contractor operates or causes to be332operated in this state tobe registered in compliance with 333 chapter 320. 334 Section 5. Paragraph (d) of subsection (1) of section 335 337.18, Florida Statutes, is amended to read: 336 337.18 Surety bonds for construction or maintenance 337 contracts; requirement with respect to contract award; bond 338 requirements; defaults; damage assessments.— 339 (1) 340 (d) An action, except for an action for recovery of 341 retainage, must be instituted by a claimant, whether in privity 342 with the contractor or not, against the contractor or the surety 343 on the payment bond or the payment provisions of a combined 344 payment and performance bond within 365 days after the 345 performance of the labor or completion of delivery of the 346 materials or supplies. An action for recovery of retainage must 347 be instituted against the contractor or the surety within 365 348 days after final acceptance of the contract work by the 349 department. A claimant may not waive in advance his or her right 350 to bring an action under the bond against the surety. In any 351 action brought to enforce a claim against a payment bond under 352 this section, the prevailing party is entitled to recover a 353 reasonable fee for the services of his or her attorney for trial 354 and appeal or for arbitration, in an amount to be determined by 355 the court, which fee must be taxed as part of the prevailing 356 party’s costs, as allowed in equitable actions. 357 Section 6. Section 337.195, Florida Statutes, is amended to 358 read: 359 337.195 Limits on liability.— 360 (1) In a civil action for the death of or injury to a 361 person, or for damage to property, against the Department of 362 Transportation or its agents, consultants, or contractors for 363 work performed on a highway, road, street, bridge, or other 364 transportation facility when the death, injury, or damage 365 resulted from a motor vehicle crash within a construction zone 366 in which the driver of one of the vehicles was under the 367 influence of alcoholic beverages as set forth in s. 316.193, 368 under the influence of any chemical substance as set forth in s. 369 877.111, or illegally under the influence of any substance 370 controlled under chapter 893, excluding low-THC cannabis, to the 371 extent that her or his normal faculties were impaired or that 372 she or he operated a vehicle recklessly as defined in s. 373 316.192, it is presumed that the driver’s operation of the 374 vehicle was the sole proximate cause of her or his own death, 375 injury, or damage. This presumption can be overcome if the gross 376 negligence or intentional misconduct of the Department of 377 Transportation, or of its agents, consultants, or contractors, 378 was a proximate cause of the driver’s death, injury, or damage. 379 (2)(a) For purposes of this section: 380 1. “Contract documents” has the same meaning as in the 381 department’s Standard Specifications for Road and Bridge 382 Construction applicable under the contract between the 383 department and the contractor. 384 2. “Contractor” means a person or an entity, at any 385 contractual tier, including any member of a design-build team 386 pursuant to s. 337.11, who constructs, maintains, or repairs a 387 highway, road, street, bridge, or other transportation facility 388 for the department in connection with a department project. 389 3. “Design engineer” means a person or an entity, including 390 the design consultant of a design-build team, who contracts at 391 any tier to prepare or provide engineering plans, including 392 traffic control plans, for the construction or repair of a 393 highway, road, street, bridge, or other department 394 transportation facility for the department or in connection with 395 a department project. 396 4. “Traffic control plans” means the maintenance of traffic 397 plans designed by a professional engineer, or otherwise in 398 accordance with the department’s standard plans, and approved by 399 the department. 400 (b) A contractor is immune from liability for personal 401 injury, property damage, or death arising from any of the 402 following: 403 1. The performance of the construction, maintenance, or 404 repair of the transportation facility, if, at the time the 405 personal injury, property damage, or death occurred, the 406 contractor was in compliance with the contract documents 407 material to the personal injury, property damage, or death. 408 2. Acts or omissions of a third party that furnishes or 409 contracts at any contractual level to furnish services or 410 materials to the transportation facility, including any 411 subcontractor; sub-subcontractor; laborer; materialman; owner, 412 lessor, or driver of a motor vehicle, trailer, semitrailer, 413 truck, heavy truck, truck tractor, or commercial motor vehicle, 414 as those terms are defined in s. 320.01; or any person who 415 performs services as an architect, a landscape architect, an 416 interior designer, an engineer, or a surveyor and mapper. 417 3. Acts or omissions of a third party who trespasses within 418 the limits of the transportation facility or otherwise is not 419 authorized to enter the area of the transportation facility in 420 which the personal injury, property damage, or death occurred. 421 4. Acts or omissions of a third party who damages, 422 modifies, moves, or removes any traffic control device, warning 423 device, barrier, or other facility or device used for the 424 public’s safety and conveniencewho constructs, maintains, or425repairs a highway, road, street, bridge, or other transportation426facility for the Department of Transportation is not liable to a427claimant for personal injury, property damage, or death arising428from the performance of the construction, maintenance, or repair429if, at the time of the personal injury, property damage, or430death, the contractor was in compliance with contract documents431material to the condition that was the proximate cause of the432personal injury, property damage, or death. 433 (c)(a)The limitationslimitationon liability contained in 434 this subsection dodoesnot apply when the proximate cause of 435 the personal injury, property damage, or death is a latent 436 condition, defect, error, or omission that was created by the 437 contractor and not a defect, error, or omission in the contract 438 documents; or when the proximate cause of the personal injury, 439 property damage, or death was the contractor’s failure to 440perform, update, orcomply with themaintenance of thetraffic 441 control planssafety planas required by the contract documents. 442 (d)(b)Nothing inThis subsection may notshallbe 443 interpreted or construed as relieving the contractor of any 444 obligation to provide the departmentof Transportationwith 445 written notice of any apparent error or omission in the contract 446 documents. 447 (e)(c)Nothing inThis subsection may notshallbe 448 interpreted or construed to alter or affect any claim of the 449 departmentof Transportationagainst such contractor. 450 (f)(d)This subsection does not affect any claim of any 451 entity against such contractor, which claim is associated with 452 such entity’s facilities on or in departmentof Transportation453 roads or other transportation facilities. 454 (3) In all cases involving personal injury, property 455 damage, or death, a design engineer isperson or entity who456contracts to prepare or provide engineering plans for the457construction or repair of a highway, road, street, bridge, or458other transportation facility for the Department of459Transportation shall bepresumed to have preparedsuch460 engineering plans using the degree of care and skill ordinarily 461 exercised by other engineers in the field under similar 462 conditions and in similar localities and with due regard for 463 acceptable engineering standards and principles if the 464 engineering plans conformed to the department’sDepartment of465Transportation’sdesign standards material to the condition or 466 defect that was the proximate cause of the personal injury, 467 property damage, or death. This presumption can be overcome only 468 upon a showing of the design engineer’sperson’s or entity’s469 gross negligence in the preparation of the engineering plans and 470 mayshallnot be interpreted or construed to alter or affect any 471 claim of the departmentof Transportationagainst such design 472 engineerperson or entity. The limitation on liability contained 473 in this subsection doesshallnot apply to any hidden or 474 undiscoverable condition created by the design engineer. This 475 subsection does not affect any claim of any entity against such 476 design engineeror engineering firm, which claim is associated 477 with such entity’s facilities on or in departmentof478Transportationroads or other transportation facilities. 479(4) In any civil action for death, injury, or damages480against the Department of Transportation or its agents,481consultants, engineers, or contractors for work performed on a482highway, road, street, bridge, or other transportation facility,483if the department, its agents, consultants, engineers, or484contractors are immune from liability pursuant to this section485or are not parties to the litigation, they may not be named on486the jury verdict form or be found to be at fault or responsible487for the injury, death, or damage that gave rise to the damages.488 Section 7. Subsection (2) of section 337.401, Florida 489 Statutes, is amended to read: 490 337.401 Use of right-of-way for utilities subject to 491 regulation; permit; fees.— 492 (2) The authority may grant to any person who is a resident 493 of this state, or to any corporation thatwhichis organized 494 under the laws of this state or licensed to do business within 495 this state, the use of a right-of-way for the utility in 496 accordance with such rules or regulations as the authority may 497 adopt. A utility may not be installed, located, or relocated 498 unless authorized by a written permit issued by the authority. 499 However, for public roads or publicly owned rail corridors under 500 the jurisdiction of the department, autility relocation501scheduleandrelocation agreement may be executed in lieu of a 502 written permit. The permit or relocation agreement must require 503 the utility ownerpermitholderto be responsible for any damage 504 resulting from the work performed underissuance ofsuch permit 505 or relocation agreement. The relocation agreement must contain a 506 reasonable utility relocation schedule to expedite the 507 completion of the department’s construction or maintenance 508 project and specify a reasonable liquidated damage amount for 509 each day the work remains incomplete beyond the completion date 510 specified in the permit or relocation agreement. The authority 511 may initiate injunctive proceedings as provided in s. 120.69 to 512 enforce provisions of this subsection or any rule or order 513 issued or entered into pursuant thereto. A permit application 514 required under this subsection by a county or municipality 515 having jurisdiction and control of the right-of-way of any 516 public road must be processed and acted upon in accordance with 517 the timeframes provided in subparagraphs (7)(d)7., 8., and 9. 518 Section 8. Subsections (1) and (3) of section 337.403, 519 Florida Statutes, are amended to read: 520 337.403 Interference caused by utility; expenses.— 521 (1) If a utility that is placed upon, under, over, or 522 within the right-of-way limits of any public road or publicly 523 owned rail corridor is found by the authority to be unreasonably 524 interfering in any way with the convenient, safe, or continuous 525 use, or the maintenance, improvement, extension, or expansion, 526 of such public road or publicly owned rail corridor, the utility 527 owner shall, upon 30 days’ written notice to the utility or its 528 agent by the authority, provide to the authority a reasonable 529 utility relocation schedule to expedite the completion of the 530 authority’s construction or maintenance project identified in 531 the notice, and initiate the work necessary to alleviate the 532 interference within 60 days after receipt of the written notice 533 from the authority at its own expense except as provided in 534 paragraphs (a)-(j). The notice must specify a reasonable 535 liquidated damage amount for each day the work remains 536 incomplete if notThe work must becompleted within such 537 reasonable time as stated in the notice or such time as agreed 538 to by the authority and the utility owner. 539 (a) If the relocation of utility facilities, as referred to 540 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 541 84-627, is necessitated by the construction of a project on the 542 federal-aid interstate system, including extensions thereof 543 within urban areas, and the cost of the project is eligible and 544 approved for reimbursement by the Federal Government to the 545 extent of 90 percent or more under the Federal-Aid Highway Act, 546 or any amendment thereof, then in that event the utility owning 547 or operating such facilities shall perform any necessary work 548 upon notice from the department, and the state shall pay the 549 entire expense properly attributable to such work after 550 deducting therefrom any increase in the value of a new facility 551 and any salvage value derived from an old facility. 552 (b) When a joint agreement between the department and the 553 utility is executed for utility work to be accomplished as part 554 of a contract for construction of a transportation facility, the 555 department may participate in those utility work costs that 556 exceed the department’s official estimate of the cost of the 557 work by more than 10 percent. The amount of such participation 558 is limited to the difference between the official estimate of 559 all the work in the joint agreement plus 10 percent and the 560 amount awarded for this work in the construction contract for 561 such work. The department may not participate in any utility 562 work costs that occur as a result of changes or additions during 563 the course of the contract. 564 (c) When an agreement between the department and utility is 565 executed for utility work to be accomplished in advance of a 566 contract for construction of a transportation facility, the 567 department may participate in the cost of clearing and grubbing 568 necessary to perform such work. 569 (d) If the utility facility was initially installed to 570 exclusively serve the authority or its tenants, or both, the 571 authority shall bear the costs of the utility work. However, the 572 authority is not responsible for the cost of utility work 573 related to any subsequent additions to that facility for the 574 purpose of serving others. For a county or municipality, if such 575 utility facility was installed in the right-of-way as a means to 576 serve a county or municipal facility on a parcel of property 577 adjacent to the right-of-way and if the intended use of the 578 county or municipal facility is for a use other than 579 transportation purposes, the obligation of the county or 580 municipality to bear the costs of the utility work shall extend 581 only to utility work on the parcel of property on which the 582 facility of the county or municipality originally served by the 583 utility facility is located. 584 (e) If, under an agreement between a utility and the 585 authority entered into after July 1, 2009, the utility conveys, 586 subordinates, or relinquishes a compensable property right to 587 the authority for the purpose of accommodating the acquisition 588 or use of the right-of-way by the authority, without the 589 agreement expressly addressing future responsibility for the 590 cost of necessary utility work, the authority shall bear the 591 cost of removal or relocation. This paragraph does not impair or 592 restrict, and may not be used to interpret, the terms of any 593 such agreement entered into before July 1, 2009. 594 (f) If the utility is an electric facility being relocated 595 underground in order to enhance vehicular, bicycle, and 596 pedestrian safety and in which ownership of the electric 597 facility to be placed underground has been transferred from a 598 private to a public utility within the past 5 years, the 599 department shall incur all costs of the necessary utility work. 600 (g) An authority may bear the costs of utility work 601 required to eliminate an unreasonable interference when the 602 utility is not able to establish that it has a compensable 603 property right in the particular property where the utility is 604 located if: 605 1. The utility was physically located on the particular 606 property before the authority acquired rights in the property; 607 2. The utility demonstrates that it has a compensable 608 property right in adjacent properties along the alignment of the 609 utility or, after due diligence, certifies that the utility does 610 not have evidence to prove or disprove that it has a compensable 611 property right in the particular property where the utility is 612 located; and 613 3. The information available to the authority does not 614 establish the relative priorities of the authority’s and the 615 utility’s interests in the particular property. 616 (h) If a municipally owned utility or county-owned utility 617 is located in a rural area of opportunity, as defined in s. 618 288.0656(2), and the department determines that the utility is 619 unable, and will not be able within the next 10 years, to pay 620 for the cost of utility work necessitated by a department 621 project on the State Highway System, the department may pay, in 622 whole or in part, the cost of such utility work performed by the 623 department or its contractor. 624 (i) If the relocation of utility facilities is necessitated 625 by the construction of a commuter rail service project or an 626 intercity passenger rail service project and the cost of the 627 project is eligible and approved for reimbursement by the 628 Federal Government, then in that event the utility owning or 629 operating such facilities located by permit on a department 630 owned rail corridor shall perform any necessary utility 631 relocation work upon notice from the department, and the 632 department shall pay the expense properly attributable to such 633 utility relocation work in the same proportion as federal funds 634 are expended on the commuter rail service project or an 635 intercity passenger rail service project after deducting 636 therefrom any increase in the value of a new facility and any 637 salvage value derived from an old facility. In no event shall 638 the state be required to use state dollars for such utility 639 relocation work. This paragraph does not apply to any phase of 640 the Central Florida Commuter Rail project, known as SunRail. 641 (j) If a utility is lawfully located within an existing and 642 valid utility easement granted by recorded plat, regardless of 643 whether such land was subsequently acquired by the authority by 644 dedication, transfer of fee, or otherwise, the authority must 645 bear the cost of the utility work required to eliminate an 646 unreasonable interference. The authority shall pay the entire 647 expense properly attributable to such work after deducting any 648 increase in the value of a new facility and any salvage value 649 derived from an old facility. 650 (3) Whenever a notice from the authority requires such 651 utility work and the owner thereof fails to perform the work at 652 his or her own expense within the time stated in the notice or 653 such other time as agreed to by the authority and the utility 654 owner, the authority shall proceed to cause the utility work to 655 be performed. The utility shall pay to the authority reasonable 656 costs resulting from the utility’s failure or refusal to timely 657 perform the work, including payment of any liquidated damages 658 assessed by the authorityThe expense thereby incurred shall be659paid out of any money available therefor, and such expense660shall, except as provided in subsection (1), be charged against661the owner and levied and collected and paid into the fund from662which the expense of such relocation was paid. 663 Section 9. Section 339.2820, Florida Statutes, is created 664 to read: 665 339.2820 Local agency program.— 666 (1) There is created within the department a local agency 667 program for the purpose of providing assistance to subrecipient 668 agencies, which include counties, municipalities, 669 intergovernmental agencies, and other eligible governmental 670 entities, to develop, design, and construct transportation 671 facilities using federal funds allocated to the department from 672 federal agencies which are suballocated to local agencies. The 673 department shall update the project cost estimate in the year 674 the project is granted to the local agency and include a 675 contingency amount as part of the project cost estimate. 676 (2) The department is authorized to oversee projects funded 677 by the Federal Highway Administration. 678 (3) Local agencies shall prioritize budgeting local 679 projects through their respective M.P.O.’s or governing boards 680 so that those organizations or boards may receive reimbursement 681 for the services they provide to the public which are in 682 compliance with applicable federal laws, rules, and regulations. 683 (4) Federal-aid highway funds are available only to local 684 agencies that are certified by the department based on the 685 agencies’ qualifications, experience, and ability to comply with 686 federal requirements, and their ability to undertake and 687 satisfactorily complete the work. 688 (5) Local agencies shall include in their contracts to 689 develop, design, or construct transportation facilities the 690 department’s Division I General Requirements and Covenants for 691 local agencies as well as a contingency amount to cover costs 692 incurred due to unforeseen conditions. 693 Section 10. Subsection (3) of section 339.2825, Florida 694 Statutes, is amended to read: 695 339.2825 Approval of contractor-financed projects.— 696 (3) This section does not apply to a comprehensivepublic697private partnershipagreement authorized in s. 334.30(2)(a). 698 Section 11. This act shall take effect July 1, 2024. 699 700 ================= T I T L E A M E N D M E N T ================ 701 And the title is amended as follows: 702 Delete everything before the enacting clause 703 and insert: 704 A bill to be entitled 705 An act relating to transportation; amending s. 206.46, 706 F.S.; prohibiting the Department of Transportation 707 from annually committing more than a certain 708 percentage of revenues derived from state fuel taxes 709 and motor vehicle license-related fees to public 710 transit projects; providing exceptions; amending s. 711 288.9606, F.S.; conforming provisions to changes made 712 by the act; making technical changes; amending s. 713 334.30, F.S.; authorizing the department to enter into 714 comprehensive agreements with private entities or the 715 consortia thereof for the building, operation, 716 ownership, or financing of transportation facilities; 717 conforming provisions to changes made by the act; 718 replacing the term “public-private partnership 719 agreement” with the term “comprehensive agreement”; 720 requiring a private entity to provide an independent 721 traffic and revenue study prepared by a certain 722 expert; providing a requirement for such study; 723 revising the timeframe within which the department 724 must publish a certain notice; authorizing the 725 department to enter into an interim agreement with a 726 private entity regarding a qualifying project; 727 providing that an interim agreement does not obligate 728 the department to enter into a comprehensive agreement 729 and is not required under certain circumstances; 730 providing requirements for an interim agreement; 731 authorizing the secretary of the department to 732 authorize comprehensive agreements for a term of up to 733 75 years for certain projects; making technical 734 changes; amending s. 337.11, F.S.; requiring the 735 department to receive three letters of interest before 736 proceeding with requests for proposals for certain 737 contracts; requiring the department to pay interest at 738 a certain rate to contractors under certain 739 circumstances; making technical changes; amending s. 740 337.18, F.S.; revising the timeframe for certain 741 actions against the contractor or the surety; 742 specifying a timeframe for when an action for recovery 743 of retainage must be instituted; amending s. 337.195, 744 F.S.; revising a presumption regarding the proximate 745 cause of death, injury, or damage in a civil suit 746 against the department; defining terms; providing for 747 immunity for contractors under certain circumstances; 748 conforming provisions related to certain limitations 749 on liability relating to traffic control plans; making 750 technical changes; revising a presumption regarding a 751 design engineer’s degree of care and skill; deleting 752 immunity for certain persons and entities; amending s. 753 337.401, F.S.; requiring that certain permits and 754 relocation agreements require the utility owner to be 755 responsible for certain damage; requiring that the 756 relocation agreement contain a utility relocation 757 schedule and specify a liquidated damage amount for 758 each day work remains incomplete beyond a certain 759 date; amending s. 337.403, F.S.; requiring a utility 760 owner to provide to the authority a reasonable utility 761 relocation schedule to expedite completion of the 762 authority’s construction or maintenance project 763 identified in a specified notice and initiate 764 necessary work within a specified timeframe; requiring 765 that the notice the authority gives the utility for 766 unreasonable interference on a public road or publicly 767 owned rail corridor specify a certain liquidated 768 damage amount for each day that work remains 769 incomplete; requiring the utility to pay certain costs 770 to the authority for untimely performance of the work; 771 amending s. 339.2820, F.S.; creating within the 772 department a local agency program for a specified 773 purpose; requiring the department to update certain 774 project cost estimates at a specified time and include 775 a contingency amount as part of the project cost 776 estimate; authorizing the department to oversee 777 certain projects; requiring local agencies to 778 prioritize budgeting certain local projects through 779 their respective M.P.O.’s or governing boards for a 780 specified purpose; specifying that certain funds are 781 available only to local agencies that are certified by 782 the department; requiring local agencies to include in 783 certain contracts a specified document and a 784 contingency amount for costs incurred due to 785 unforeseen conditions; amending s. 339.2825, F.S.; 786 conforming provisions to changes made by the act; 787 providing an effective date.