Bill Text: FL S0064 | 2023 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2023-05-03 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 425 (Ch. 2023-197), CS/CS/CS/HB 1305 (Ch. 2023-70) [S0064 Detail]
Download: Florida-2023-S0064-Comm_Sub.html
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2023-05-03 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 425 (Ch. 2023-197), CS/CS/CS/HB 1305 (Ch. 2023-70) [S0064 Detail]
Download: Florida-2023-S0064-Comm_Sub.html
Florida Senate - 2023 CS for SB 64 By the Committee on Transportation; and Senator Hooper 596-02144-23 202364c1 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 334.179, F.S.; revising the definition of 4 the term “certified for use” in regard to permissible 5 use of aggregates; prohibiting a producer from 6 certifying shipments of aggregates which are not in 7 compliance with department rules; requiring a producer 8 to certify aggregates in accordance with specified 9 rules; amending s. 337.11, F.S.; requiring that 10 contracts let by the department for performance of 11 bridge construction or maintenance over navigable 12 waters contain certain insurance requirements; 13 requiring the department to implement and track 14 strategies to reduce the cost of projects while 15 ensuring that such projects meet federal and state 16 standards; authorizing the department to share a 17 portion of cost savings with certain consultants under 18 specified circumstances; providing that payments to 19 consultants may not exceed a specified amount; 20 amending s. 337.1101, F.S.; revising the calculation 21 of a certain settlement paid to a nonselected 22 responsive bidder which requires the department to 23 maintain certain records and provide certain notices 24 to the Legislature and the Attorney General; amending 25 s. 337.14, F.S.; increasing the proposed budget 26 estimates of construction contracts for which an 27 applying contractor may submit certain financial 28 statements; revising procedures relating to 29 certificates of qualification issued by the department 30 to construction contractors seeking certification to 31 bid on certain contracts; amending s. 337.168, F.S.; 32 deleting a public records exemption for certain 33 documents that reveal the identity of a potential 34 bidder; amending s. 338.223, F.S.; deleting a 35 requirement regarding the department’s request for 36 legislative approval of proposed turnpike projects; 37 creating s. 334.180, F.S.; specifying that an 38 electronic ticket generated by a system used by the 39 department serves as a certain official record; 40 prohibiting local governments from refusing to accept 41 such electronic tickets; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 334.179, Florida Statutes, is amended to 46 read: 47 334.179 Department standards or specifications for 48 permissible use of aggregates.— 49 (1) Notwithstanding any law, rule, or ordinance to the 50 contrary, a local government may not adopt standards or 51 specifications that are contrary to the department standards or 52 specifications for permissible use of aggregates that have been 53 certified for use. For purposes of this section, the term 54 “certified for use” means that the aggregates have been 55 certified by the producer in complianceaccordancewith 56 department rules. This section does not apply to a multicounty 57 independent special district created by a special act of the 58 Legislature. 59 (2) A producer may not certify any shipment of aggregates 60 to a customer other than the department unless such shipment is 61 in compliance with department rules. Notwithstanding this 62 section, producer certification of aggregates must be in 63 accordance with rules adopted pursuant to s. 334.044(10). 64 Section 2. Present subsections (15) and (16) of section 65 337.11, Florida Statutes, are redesignated as subsections (18) 66 and (19), respectively, and new subsections (15) and (16) and 67 subsection (17) are added to that section, to read: 68 337.11 Contracting authority of department; bids; emergency 69 repairs, supplemental agreements, and change orders; combined 70 design and construction contracts; progress payments; records; 71 requirements of vehicle registration.— 72 (15) Each contract let by the department for performance of 73 bridge construction or maintenance over navigable waters must 74 contain a provision requiring marine general liability 75 insurance, in an amount to be determined by the department, that 76 covers third-party personal injury and property damage caused by 77 vessels used by the contractor in the performance of the work. 78 (16) The department shall implement strategies to reduce 79 the cost of all project phases, including design, construction, 80 and inspection, while ensuring that the design and construction 81 of projects meet applicable federal and state standards, and 82 shall track such strategies and the projected savings. 83 (17) The department may share with a design services 84 consultant or a construction engineering and inspection services 85 consultant a portion of the construction cost savings realized 86 due to a change in the construction contract design and scope 87 which is initiated after execution of the contract. Payments 88 made under this subsection must be calculated taking into 89 consideration the extent that the consultant’s input and 90 involvement contributed to such savings. The amount paid to a 91 consultant pursuant to this subsection may not exceed 10 percent 92 of the construction cost savings realized. 93 Section 3. Subsection (1) of section 337.1101, Florida 94 Statutes, is amended to read: 95 337.1101 Contracting and procurement authority of the 96 department; settlements; notification required.— 97 (1) When the department, or any entity or enterprise within 98 the department, determines that it is in the best interest of 99 the public to resolve a protest filed in accordance with s. 100 120.57(3) of the award of a contract being procured pursuant to 101 s. 337.11 or related to the purchase of personal property or 102 contractual services being procured pursuant to s. 287.057, 103 through a settlement that requires the department to pay a 104 nonselected responsive bidder a total sum of $1 million or more, 105 including any amount paid pursuant to s. 334.049, any amount 106 paid pursuant to s. 337.11(8) which is not included in the 107 department’s work program approved by the Legislature as part of 108 the General Appropriations Act, or any amount paid pursuant to 109 any other law, the department must: 110 (a) Document in a written memorandum by the secretary the 111 specific reasons that such settlement and payment to a 112 nonselected responsive bidder is in the best interest of the 113 state. The written memorandum must be included and maintained in 114 the department’s permanent files concerning the procurement and 115 must include: 116 1. A description of the property rights, patent rights, 117 copyrights, trademarks, or the engineering design or other 118 design work that the department will acquire or retain as a 119 result of such settlement; and 120 2. The specific appropriation in the existing General 121 Appropriations Act which the department intends to use to 122 provide such payment. 123 (b) Provide prior written notification to the President of 124 the Senate, the Speaker of the House of Representatives, the 125 Senate and House of Representatives minority leaders, the chair 126 and vice chair of the Legislative Budget Commission, and the 127 Attorney General at least 5 business days, or as soon thereafter 128 as practicable, before the department makes the settlement 129 agreement final. Such written notification must include the 130 written memorandum required pursuant to paragraph (a). 131 (c) Provide, at the time settlement discussions regarding 132 any such payment have begun in earnest, written notification of 133 such discussions to the President of the Senate, the Speaker of 134 the House of Representatives, the Senate and House of 135 Representatives minority leaders, the chair and vice chair of 136 the Legislative Budget Commission, and the Attorney General. 137 Section 4. Subsections (1) and (4) of section 337.14, 138 Florida Statutes, are amended to read: 139 337.14 Application for qualification; certificate of 140 qualification; restrictions; request for hearing.— 141 (1) AAnycontractor desiring to bid for the performance of 142 any construction contract in excess of $250,000 which the 143 department proposes to let must first be certified by the 144 department as qualified pursuant to this section and rules of 145 the department. The rules of the department must address the 146 qualification of contractors to bid on construction contracts in 147 excess of $250,000 and must include requirements with respect to 148 the equipment, past record, experience, financial resources, and 149 organizational personnel of the applying contractor which are 150 necessary to perform the specific class of work for which the 151 contractor seeks certification. Any contractor who desires to 152 bid on contracts in excess of $50 million and who is not 153 qualified and in good standing with the department as of January 154 1, 2019, must first be certified by the department as qualified 155 and must have satisfactorily completed two projects, each in 156 excess of $15 million, for the department or for any other state 157 department of transportation. The department may limit the 158 dollar amount of any contract upon which a contractor is 159 qualified to bid or the aggregate total dollar volume of 160 contracts such contractor is allowed to have under contract at 161 any one time. Each applying contractor seeking qualification to 162 bid on construction contracts in excess of $250,000 shall 163 furnish the department a statement under oath, on such forms as 164 the department may prescribe, setting forth detailed information 165 as required on the application. Each application for 166 certification must be accompanied by audited, certified 167 financial statements prepared in accordance with generally 168 accepted accounting principles and auditing standards by a 169 certified public accountant licensed in this state or another 170 state. The audited, certified financial statements must be for 171 the applying contractor and must have been prepared within the 172 immediately preceding 12 months. The department may not consider 173 any financial information of the parent entity of the applying 174 contractor, if any. The department may not certify as qualified 175 any applying contractor who fails to submit the audited, 176 certified financial statements required by this subsection. If 177 the application or the annual financial statement shows the 178 financial condition of the applying contractor more than 4 179 months before the date on which the application is received by 180 the department, the applicant must also submit interim audited, 181 certified financial statements prepared in accordance with 182 generally accepted accounting principles and auditing standards 183 by a certified public accountant licensed in this state or 184 another state. The interim financial statements must cover the 185 period from the end date of the annual statement and must show 186 the financial condition of the applying contractor no more than 187 4 months before the date that the interim financial statements 188 are received by the department. However, upon the request of the 189 applying contractor, an application and accompanying annual or 190 interim financial statement received by the department within 15 191 days after either 4-month period under this subsection must 192shallbe considered timely. An applying contractor desiring to 193 bid exclusively for the performance of construction contracts 194 with proposed budget estimates of less than $2$1million may 195 submit reviewed annual or reviewed interim financial statements 196 prepared by a certified public accountant. The information 197 required by this subsection is confidential and exempt from s. 198 119.07(1). The department shall act upon the application for 199 qualification within 30 days after the department determines 200 that the application is complete. The department may waive the 201 requirements of this subsection for projects having a contract 202 price of $500,000 or less if the department determines that the 203 project is of a noncritical nature and that the waiver will not 204 endanger public health, safety, or property. 205 (4) If the applicant is found to possess the prescribed 206 qualifications, the department mustshallissue to him or her a 207 certificate of qualification that, unless thereafter revoked by 208 the department for good cause, will be valid for a period of 18 209 months after the date of the applicant’s financial statement or 210 such shorter period as the department prescribes. Submission of 211 an application doesand subsequent approval donot affect 212 expiration of the certificate of qualification. An applicant may 213 submit a written request with a timely submitted application to 214 keep an existing certificate of qualification in place until the 215 expiration date. If the request is approved by the department, 216 the current maximum capacity rating of the applicant must remain 217 in place until expiration of the current certificate of 218 qualification, the ability factor of the applicant, or the219maximum capacity rating of the applicant. If the department 220 finds that an application is incomplete or contains inadequate 221 information or information that cannot be verified, the 222 department may request in writing that the applicant provide the 223 necessary information to complete the application or provide the 224 source from which any information in the application may be 225 verified. If the applicant fails to comply with the initial 226 written request within a reasonable period of time as specified 227 therein, the department mustshallrequest the information a 228 second time. If the applicant fails to comply with the second 229 request within a reasonable period of time as specified therein, 230 the application mustshallbe denied. 231 Section 5. Section 337.168, Florida Statutes, is amended to 232 read: 233 337.168 Confidentiality of official estimates,identities234of potential bidders,andthe bid analysis, and monitoring 235 system.— 236 (1) A document or electronic file revealing the official 237 cost estimate of the department of a project is confidential and 238 exempt fromthe provisions ofs. 119.07(1) until the contract 239 for the project has been executed or until the project is no 240 longer under active consideration. 241 (2)A document that reveals the identity of a person who242has requested or obtained a bid package, plan, or specifications243pertaining to any project to be let by the department is244confidential and exempt from the provisions of s. 119.07(1) for245the period that begins 2 working days before the deadline for246obtaining bid packages, plans, or specifications and ends with247the letting of the bid. A document that reveals the identity of248a person who has requested or obtained a bid package, plan, or249specifications pertaining to any project to be let by the250department before the 2 working days before the deadline for251obtaining bid packages, plans, or specifications remains a252public record subject to s. 119.07(1).253(3)The bid analysis and monitoring system of the 254 department is confidential and exempt fromthe provisions ofs. 255 119.07(1). This exemption applies to all system documentation, 256 input, computer processes and programs, electronic data files, 257 and output, but does not apply to the actual source documents, 258 unless otherwise exempted under other provisions of law. 259 Section 6. Paragraph (a) of subsection (1) of section 260 338.223, Florida Statutes, is amended to read: 261 338.223 Proposed turnpike projects.— 262 (1)(a) Any proposed project to be constructed or acquired 263 as part of the turnpike system and any turnpike improvement must 264shallbe included in the tentative work program. A proposed 265 project or group of proposed projects may not be added to the 266 turnpike system unless such project or projects are determined 267 to be economically feasible and a statement of environmental 268 feasibility has been completed for such project or projects and 269 such projects are determined to be consistent, to the maximum 270 extent feasible, with approved local government comprehensive 271 plans of the local governments in which such projects are 272 located. The department may authorize engineering studies, 273 traffic studies, environmental studies, and other expert studies 274 of the location, costs, economic feasibility, and practicality 275 of proposed turnpike projects throughout thisthestate and may 276 proceed with the design phase of such projects.The department277may not request legislative approval of a proposed turnpike278project until the design phase of that project is at least 30279percent complete.If a proposed project or group of proposed 280 projects is found to be economically feasible, consistent, to 281 the maximum extent feasible, with approved local government 282 comprehensive plans of the local governments in which such 283 projects are located, and a favorable statement of environmental 284 feasibility has been completed, the department, with the 285 approval of the Legislature, mustshall, after the receipt of 286 all necessary permits, construct, maintain, and operate such 287 turnpike projects. 288 Section 7. Section 334.180, Florida Statutes, is created to 289 read: 290 334.180 Department electronic tickets.—An electronic ticket 291 generated by a system used by the department serves as an 292 official record for material deliveries on local government 293 projects. Notwithstanding any law, rule, or ordinance to the 294 contrary, a local government may not refuse to accept such 295 electronic ticket. 296 Section 8. This act shall take effect July 1, 2023.