Bill Amendment: FL S1044 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Transportation
Status: 2019-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 905 (Ch. 2019-153), CS/CS/CS/HB 385 (Ch. 2019-169) [S1044 Detail]
Download: Florida-2019-S1044-Senate_Committee_Amendment_517500.html
Bill Title: Department of Transportation
Status: 2019-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 905 (Ch. 2019-153), CS/CS/CS/HB 385 (Ch. 2019-169) [S1044 Detail]
Download: Florida-2019-S1044-Senate_Committee_Amendment_517500.html
Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1044 Ì517500lÎ517500 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (Albritton) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (1) of section 20.23, Florida 6 Statutes, is amended to read: 7 20.23 Department of Transportation.—There is created a 8 Department of Transportation which shall be a decentralized 9 agency. 10 (1)(a) The head of the Department of Transportation is the 11 Secretary of Transportation. The secretary isshall beappointed 12 by the Governor,from among three persons nominated by the13Florida Transportation Commissionand shall besubject to 14 confirmation by the Senate. The secretary shall serve at the 15 pleasure of the Governor. 16 (b) The secretary mustshallbe a proven, effective 17 administrator who, by a combination of education and experience, 18 clearly possessesshall clearly possessa broad knowledge of the 19 administrative, financial, and technical aspects of the 20 development, operation, and regulation of transportation systems 21 and facilities or comparable systems and facilities. The 22 secretary must be a registered professional engineer in 23 accordance with chapter 471 or the laws of another state, or, in 24 lieu of professional engineer registration, must hold an 25 advanced degree in an appropriate related discipline, such as a 26 Master of Business Administration, and have 5 years of relevant 27 transportation experience or must have 10 years of relevant 28 transportation experience. 29 (c) The secretary shall provide to the Florida 30 Transportation Commission or its staff, such assistance, 31 information, and documents as are requested by the commission or 32 its staff to enable the commission to fulfill its duties and 33 responsibilities. 34 (d) The secretary may appoint up to three assistant 35 secretarieswho shall bedirectly responsible to the secretary 36andwho shall performsuchdutiesas areassigned by the 37 secretary. The secretary shall designate to an assistant 38 secretary the duties related to enhancing economic prosperity, 39 including, but not limited to, the responsibility of liaising 40liaisonwith the head of economic development in the Executive 41 Office of the Governor. ThisSuchassistant secretary isshall42bedirectly responsible for providing the Executive Office of 43 the Governor with investment opportunities and transportation 44 projects that expand the state’s role as a global hub for trade 45 and investment and enhance the supply chain system in the state 46 to process, assemble, and ship goods to markets throughout the 47 eastern United States, Canada, the Caribbean, and Latin America. 48 The secretary may delegate to any assistant secretary the 49 authority to act in the absence of the secretary. 50 (e) Any secretary appointed after July 5, 1989, and the 51 assistant secretaries areshall beexempt fromthe provisions of52 part III of chapter 110 and mustshallreceive compensation that 53 is commensurate with their qualifications and competitive with 54 compensation for comparable responsibility in the private 55 sector. 56 Section 2. Paragraph (d) of subsection (7) of section 57 112.061, Florida Statutes, is amended to read: 58 112.061 Per diem and travel expenses of public officers, 59 employees, and authorized persons.— 60 (7) TRANSPORTATION.— 61 (d)1. The use of privately owned vehicles for official 62 travel in lieu of publicly owned vehicles or common carriers may 63 be authorized by the agency head or his or her designee. 64 Whenever travel is by privately owned vehicle: 65 a. A traveler shall be entitled to a mileage allowance at a 66 rate of 44.5 cents per mile; or 67 b. A traveler shall be entitled to the common carrier fare 68 for such travel if determined by the agency head to be more 69 economical. 70 2. Reimbursement for expenditures related to the operation, 71 maintenance, and ownership of a vehicle shall not be allowed 72 when privately owned vehicles are used on public business and 73 reimbursement is made pursuant to this paragraph, except as 74 provided in subsection (8). 75 3. All mileage shall be shown from point of origin to point 76 of destination and, when possible, shall be computed on the 77 basis of the most commonly used mapscurrent map of the78Department of Transportation. Vicinity mileage necessary for the 79 conduct of official business is allowable but must be shown as a 80 separate item on the expense voucher. 81 Section 3. Section 334.179, Florida Statutes, is created to 82 read: 83 334.179 Departmental standards or specifications for 84 permissible use of aggregates.—Notwithstanding any law, rule, or 85 ordinance to the contrary, a local government may not adopt 86 standards or specifications that are contrary to the 87 departmental standards or specifications for permissible use of 88 aggregates that have been certified for use. For purposes of 89 this section, the term “certified for use” means that the 90 aggregates have been certified by the producer in accordance 91 with departmental rule. 92 Section 4. Subsection (1) of section 337.025, Florida 93 Statutes, is amended to read: 94 337.025 Innovative transportationhighwayprojects; 95 department to establish program.— 96 (1) The department mayis authorized toestablish a program 97 for transportationhighwayprojects demonstrating innovative 98 techniques of highway and bridge design, construction, 99 maintenance, and finance which have the intended effect of 100 measuring resiliency and structural integrity and controlling 101 time and cost increases on construction projects. Such 102 techniques may include, but are not limited to, state-of-the-art 103 technology for pavement, safety, and other aspects of highway 104 and bridge design, construction, and maintenance; innovative 105 bidding and financing techniques; accelerated construction 106 procedures; and those techniques that have the potential to 107 reduce project life cycle costs. To the maximum extent 108 practical, the department must use the existing process to award 109 and administer construction and maintenance contracts. When 110 specific innovative techniques are to be used, the department is 111 not required to adhere to those provisions of law that would 112 prevent, preclude, or in any way prohibit the department from 113 using the innovative technique. However, beforeprior tousing 114 an innovative technique that is inconsistent with another 115 provision of law, the department must document in writing the 116 need for the exception and identify what benefits the traveling 117 public and the affected community are anticipated to receive. 118 The department may enter into no more than $120 million in 119 contracts annually for the purposes authorized by this section. 120 Section 5. Subsection (1) of section 337.14, Florida 121 Statutes, is amended to read: 122 337.14 Application for qualification; certificate of 123 qualification; restrictions; request for hearing.— 124 (1) Any contractorpersondesiring to bid for the 125 performance of any construction contract in excess of $250,000 126 which the department proposes to let must first be certified by 127 the department as qualified pursuant to this section and rules 128 of the department. The rules of the department mustshall129 address the qualification of contractorspersonsto bid on 130 construction contracts in excess of $250,000 and mustshall131 include requirements with respect to the equipment, past record, 132 experience, financial resources, and organizational personnel of 133 the applying contractor which areapplicantnecessary to perform 134 the specific class of work for which the contractorpersonseeks 135 certification. Any contractor desiring to bid on contracts in 136 excess of $50 million must have satisfactorily completed two 137 projects, each in excess of $25 million, for the department or 138 for any other state department of transportation. The department 139 may limit the dollar amount of any contract upon which a 140 contractorpersonis qualified to bid or the aggregate total 141 dollar volume of contracts such contractorpersonis allowed to 142 have under contract at any one time. Each applying contractor 143applicantseeking qualification to bid on construction contracts 144 in excess of $250,000 shall furnish the department a statement 145 under oath, on such forms as the department may prescribe, 146 setting forth detailed information as required on the 147 application. Each application for certification mustshallbe 148 accompanied by the latest annual financial statement of the 149 applying contractorapplicantcompleted within the last 12 150 months. If the application or the annual financial statement 151 shows the financial condition of the applying contractor 152applicantmore than 4 months prior to the date on which the 153 application is received by the department,thenan interim 154 financial statement and an updated application must be submitted 155and be accompanied by an updated application. The interim 156 financial statement must cover the period from the end date of 157 the annual statement and must show the financial condition of 158 the applying contractorapplicantno more than 4 months prior to 159 the date that the interim financial statement is received by the 160 department. However, upon the request ofbythe applying 161 contractorapplicant, an application and accompanying annual or 162 interim financial statement received by the department within 15 163 days after either 4-month period under this subsection shall be 164 considered timely. Each required annual or interim financial 165 statement must be audited and accompanied by the opinion of a 166 certified public accountant. An applying contractorapplicant167 desiring to bid exclusively for the performance of construction 168 contracts with proposed budget estimates of less than $1 million 169 may submit reviewed annual or reviewed interim financial 170 statements prepared by a certified public accountant. The 171 information required by this subsection is confidential and 172 exempt fromthe provisions ofs. 119.07(1). The department shall 173 act upon the application for qualification within 30 days after 174 the department determines that the application is complete. The 175 department may waive the requirements of this subsection for 176 projects having a contract price of $500,000 or less if the 177 department determines that the project is of a noncritical 178 nature and the waiver will not endanger public health, safety, 179 or property. 180 Section 6. Subsection (1) of section 337.185, Florida 181 Statutes, is amended to read: 182 337.185 State Arbitration Board.— 183 (1) To facilitate the prompt settlement of claims for 184 additional compensation arising out of construction and 185 maintenance contracts between the department and the various 186 contractors with whom it transacts business, the Legislature 187 does hereby establish the State Arbitration Board, referred to 188 in this section as the “board.” For the purpose of this section, 189 the term “claim” means the aggregate of all outstanding claims 190 by a party arising out of a construction or maintenance 191 contract. Every contractual claim in an amount up to $250,000 192 per contract or, at the claimant’s option, up to $1 million 193$500,000per contract or, upon agreement of the parties, up to 194 $2 million$1 millionper contract whichthatcannot be resolved 195 by negotiation between the department and the contractor must 196shallbe arbitrated by the board after acceptance of the project 197 by the department. As an exception, either party to the dispute 198 may request that the claim be submitted to binding private 199 arbitration. A court of law may not consider the settlement of 200 such a claim until the process established by this section has 201 been exhausted. 202 Section 7. This act shall take effect July 1, 2019. 203 204 ================= T I T L E A M E N D M E N T ================ 205 And the title is amended as follows: 206 Delete everything before the enacting clause 207 and insert: 208 A bill to be entitled 209 An act relating to the Department of Transportation; 210 amending s. 20.23, F.S.; deleting the requirement that 211 the Governor appoint the Secretary of Transportation 212 from among three persons nominated by the Florida 213 Transportation Commission; providing additional 214 qualifications for the secretary; amending s. 112.061, 215 F.S.; requiring that certain mileage be computed on 216 the basis of the most commonly used maps; creating s. 217 334.179, F.S.; prohibiting local governments from 218 adopting standards or specifications that are contrary 219 to the department standards or specifications for 220 permissible use of aggregates that have been certified 221 for use; defining the term “certified for use”; 222 amending s. 337.025, F.S.; authorizing the department 223 to establish a program for transportation projects 224 that demonstrate certain innovative techniques for 225 measuring resiliency and structural integrity and 226 controlling time and cost increases; amending s. 227 337.14, F.S.; requiring that any contractor, instead 228 of any person, desiring to bid for the performance of 229 certain construction contracts first be certified by 230 the department as qualified; conforming provisions to 231 changes made by the act; requiring a contractor 232 desiring to bid on certain contracts to have 233 satisfactorily completed certain projects; amending s. 234 337.185, F.S.; increasing the maximum amounts per 235 contract of certain contractual claims that must be 236 arbitrated by the State Arbitration Board under 237 certain circumstances; providing an effective date.