Bill Text: FL S0266 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/CS/HB 287 [S0266 Detail]
Download: Florida-2024-S0266-Comm_Sub.html
Bill Title: Transportation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/CS/HB 287 [S0266 Detail]
Download: Florida-2024-S0266-Comm_Sub.html
Florida Senate - 2024 CS for SB 266 By the Committee on Transportation; and Senator Hooper 596-02183-24 2024266c1 1 A bill to be entitled 2 An act relating to transportation; amending s. 206.46, 3 F.S.; prohibiting the Department of Transportation 4 from annually committing more than a certain 5 percentage of revenues derived from state fuel taxes 6 and motor vehicle license-related fees to public 7 transit projects; providing exceptions; amending s. 8 288.9606, F.S.; conforming provisions to changes made 9 by the act; making technical changes; amending s. 10 334.30, F.S.; authorizing the department to enter into 11 comprehensive agreements with private entities or the 12 consortia thereof for the building, operation, 13 ownership, or financing of transportation facilities; 14 conforming provisions to changes made by the act; 15 replacing the term “public-private partnership 16 agreement” with the term “comprehensive agreement”; 17 requiring a private entity to provide an independent 18 traffic and revenue study prepared by a certain 19 expert; providing a requirement for such study; 20 revising the timeframe within which the department 21 must publish a certain notice; authorizing the 22 department to enter into an interim agreement with a 23 private entity regarding a qualifying project; 24 providing that an interim agreement does not obligate 25 the department to enter into a comprehensive agreement 26 and is not required under certain circumstances; 27 providing requirements for an interim agreement; 28 authorizing the secretary of the department to 29 authorize comprehensive agreements for a term of up to 30 75 years for certain projects; making technical 31 changes; amending s. 337.11, F.S.; requiring the 32 department to receive three letters of interest before 33 proceeding with requests for proposals for certain 34 contracts; requiring the department to pay interest at 35 a certain rate to contractors under certain 36 circumstances; making technical changes; amending s. 37 337.18, F.S.; revising the timeframe for certain 38 actions against the contractor or the surety; 39 specifying a timeframe for when an action for recovery 40 of retainage must be instituted; amending s. 337.195, 41 F.S.; revising a presumption regarding the proximate 42 cause of death, injury, or damage in a civil suit 43 against the department; defining terms; providing for 44 immunity for contractors under certain circumstances; 45 conforming provisions related to certain limitations 46 on liability relating to traffic control plans; making 47 technical changes; revising a presumption regarding a 48 design engineer’s degree of care and skill; deleting 49 immunity for certain persons and entities; amending s. 50 337.401, F.S.; requiring that certain permits and 51 relocation agreements require the utility owner to be 52 responsible for certain damage; requiring that the 53 relocation agreement contain a utility relocation 54 schedule and specify a liquidated damage amount for 55 each day work remains incomplete beyond a certain 56 date; amending s. 337.403, F.S.; requiring a utility 57 owner to provide to the authority a reasonable utility 58 relocation schedule to expedite completion of the 59 authority’s construction or maintenance project 60 identified in a specified notice and initiate 61 necessary work within a specified timeframe; requiring 62 that the notice the authority gives the utility for 63 unreasonable interference on a public road or publicly 64 owned rail corridor specify a certain liquidated 65 damage amount for each day that work remains 66 incomplete; requiring the utility to pay certain costs 67 to the authority for untimely performance of the work; 68 amending s. 339.2820, F.S.; creating within the 69 department a local agency program for a specified 70 purpose; requiring the department to update certain 71 project cost estimates at a specified time and include 72 a contingency amount as part of the project cost 73 estimate; authorizing the department to oversee 74 certain projects; requiring local agencies to 75 prioritize budgeting certain local projects through 76 their respective M.P.O.’s or governing boards for a 77 specified purpose; specifying that certain funds are 78 available only to local agencies that are certified by 79 the department; requiring local agencies to include in 80 certain contracts a specified document and a 81 contingency amount for costs incurred due to 82 unforeseen conditions; amending s. 339.2825, F.S.; 83 conforming provisions to changes made by the act; 84 providing an effective date. 85 86 Be It Enacted by the Legislature of the State of Florida: 87 88 Section 1. Subsection (6) is added to section 206.46, 89 Florida Statutes, to read: 90 206.46 State Transportation Trust Fund.— 91 (6) The department may not annually commit more than 20 92 percent of the revenues derived from state fuel taxes and motor 93 vehicle license-related fees deposited into the State 94 Transportation Trust Fund to public transit projects, in 95 accordance with chapter 341. However, this subsection does not 96 apply to either of the following: 97 (a) A public transit project that uses revenues derived 98 from state fuel taxes and motor vehicle license-related fees to 99 match funds made available by the Federal Government. 100 (b) A public transit project included in the transportation 101 improvement program adopted pursuant to s. 339.175(8) and 102 approved by a supermajority vote of the board of county 103 commissioners where the project is located. 104 Section 2. Subsections (6) and (7) of section 288.9606, 105 Florida Statutes, is amended to read: 106 288.9606 Issue of revenue bonds.— 107 (6) The proceeds of any bonds of the corporation may not be 108 used, in any manner, to acquire any building or facility that 109 will be, during the pendency of the financing, used by, occupied 110 by, leased to, or paid for by any state, county, or municipal 111 agency or entity. This subsection does not prohibit the use of 112 proceeds of bonds of the corporation for the purpose of 113 financing the acquisition or construction of a transportation 114 facility under a comprehensivepublic-private partnership115 agreement authorized by s. 334.30. 116 (7) Notwithstanding any provision of this section, the 117 corporation in its corporate capacity may, without authorization 118 from a public agency under s. 163.01(7), issue revenue bonds or 119 other evidence of indebtedness under this section to: 120 (a) Finance the undertaking of any project within the state 121 that promotes renewable energy as defined in s. 366.91 or s. 122 377.803; 123 (b) Finance the undertaking of any project within the state 124 that is a project contemplated or allowed under s. 406 of the 125 American Recovery and Reinvestment Act of 2009;or126 (c) If permitted by federal law, finance qualifying 127 improvement projects within the state under s. 163.08; or.128 (d) Finance the costs of acquisition or construction of a 129 transportation facility by a private entity or consortium of 130 private entities under a comprehensivepublic-private131partnershipagreement authorized by s. 334.30. 132 Section 3. Present subsections (8) through (13) of section 133 334.30, Florida Statutes, are redesignated as subsections (9) 134 through (14), respectively, a new subsection (8) is added to 135 that section, and subsections (1), (2), and (6) and present 136 subsections (8), (10), and (11) of that section are amended, to 137 read: 138 334.30 Public-private transportation facilities.—The 139 Legislature finds and declares that there is a public need for 140 the rapid construction of safe and efficient transportation 141 facilities for the purpose of traveling within the state, and 142 that it is in the public’s interest to provide for the 143 construction of additional safe, convenient, and economical 144 transportation facilities. 145 (1) The department may receive or solicit proposals and, 146 with legislative approval as evidenced by approval of the 147 project in the department’s work program, enter into 148 comprehensive agreements with private entities, or consortia 149 thereof, for the building, operation, ownership, or financing of 150 transportation facilities. The department may advance projects 151 programmed in the adopted 5-year work program or projects 152 increasing transportation capacity and greater than $500 million 153 in the 10-year Strategic Intermodal Plan using funds provided by 154 public-private partnerships or private entities to be reimbursed 155 from department funds for the project as programmed in the 156 adopted work program. The department shall by rule establish an 157 application fee for the submission of unsolicited proposals 158 under this section. The fee must be sufficient to pay the costs 159 of evaluating the proposals. The department may engage the 160 services of private consultants to assist in the evaluation. 161 Before approval, the department must determine that the proposed 162 project: 163 (a) Is in the public’s best interest; 164 (b) Would not require state funds to be used unless the 165 project is on the State Highway System; 166 (c) Would have adequate safeguards in place to ensure that 167 no additional costs or service disruptions would be realized by 168 the traveling public and residents of the state in the event of 169 default or cancellation of the comprehensive agreement by the 170 department; 171 (d) Would have adequate safeguards in place to ensure that 172 the department or the private entity has the opportunity to add 173 capacity to the proposed project and other transportation 174 facilities serving similar origins and destinations; and 175 (e) Would be owned by the department upon completion or 176 termination of the comprehensive agreement. 177 178 The department shall ensure that all reasonable costs to the 179 state, related to transportation facilities that are not part of 180 the State Highway System, are borne by the private entity. The 181 department shall also ensure that all reasonable costs to the 182 state and substantially affected local governments and 183 utilities, related to the private transportation facility, are 184 borne by the private entity for transportation facilities that 185 are owned by private entities. For projects on the State Highway 186 System, the department may use state resources to participate in 187 funding and financing the project as provided for under the 188 department’s enabling legislation. Because the Legislature 189 recognizes that private entities or consortia thereof would 190 perform a governmental or public purpose or function when they 191 enter into comprehensive agreements with the department to 192 design, build, operate, own, or finance transportation 193 facilities, the transportation facilities, including leasehold 194 interests thereof, are exempt from ad valorem taxes as provided 195 in chapter 196 to the extent property is owned by the state or 196 other government entity, and from intangible taxes as provided 197 in chapter 199 and special assessments of the state, any city, 198 town, county, special district, political subdivision of the 199 state, or any other governmental entity. The private entities or 200 consortia thereof are exempt from tax imposed by chapter 201 on 201 all documents or obligations to pay money which arise out of the 202 comprehensive agreements to design, build, operate, own, lease, 203 or finance transportation facilities. Any private entities or 204 consortia thereof must pay any applicable corporate taxes as 205 provided in chapter 220, and reemployment assistance taxes as 206 provided in chapter 443, and sales and use tax as provided in 207 chapter 212 shall be applicable. The private entities or 208 consortia thereof must also register and collect the tax imposed 209 by chapter 212 on all their direct sales and leases that are 210 subject to tax under chapter 212. The comprehensive agreement 211 between the private entity or consortia thereof and the 212 department establishing a transportation facility under this 213 chapter constitutes documentation sufficient to claim any 214 exemption under this section. 215 (2) Comprehensive agreements entered into pursuant to this 216 section may authorize the private entity to impose tolls or 217 fares for the use of the facility. The following provisions 218shallapply to such agreements: 219 (a) With the exception of the Florida Turnpike System, the 220 department may lease existing toll facilities through public 221 private partnerships. The comprehensivepublic-private222partnershipagreement must ensure that the transportation 223 facility is properly operated, maintained, and renewed in 224 accordance with department standards. 225 (b) The department may develop new toll facilities or 226 increase capacity on existing toll facilities through public 227 private partnerships. The comprehensivepublic-private228partnershipagreement must ensure that the toll facility is 229 properly operated, maintained, and renewed in accordance with 230 department standards. 231 (c) Any toll revenues shall be regulated by the department 232 pursuant to s. 338.165(3). The regulations governing the future 233 increase of toll or fare revenues shall be included in the 234 comprehensivepublic-private partnershipagreement. 235 (d) The department shall provide the analysis required in 236 subparagraph (6)(e)2. to the Legislative Budget Commission 237 created pursuant to s. 11.90 for review and approval prior to 238 awarding a contract on a lease of an existing toll facility. 239 (e) The department shall include provisions in the 240 comprehensivepublic-private partnershipagreement whichthat241 ensure a negotiated portion of revenues from tolled or fare 242 generating projects are returned to the department over the life 243 of the comprehensivepublic-private partnershipagreement. In 244 the case of a lease of an existing toll facility, the department 245 shall receive a portion of funds upon closing on the 246 comprehensive agreementagreementsand shall also include 247 provisions in the comprehensive agreement to receive payment of 248 a portion of excess revenues over the life of the public-private 249 partnership. 250 (f) The private entity shall provide an independent 251investment gradetraffic and revenue study prepared by aan252internationally recognizedtraffic and revenue expert as part of 253 the private entity proposal. The study must bethat isaccepted 254 by the national bond rating agencies before closing on the 255 financing that supports the comprehensive agreement for the 256 public-private partnership project. The private entity shall 257 also provide a finance plan that identifies the project cost, 258 revenues by source, financing, major assumptions, internal rate 259 of return on private investments, and whether any government 260 funds are assumed to deliver a cost-feasible project, and a 261 total cash flow analysis beginning with implementation of the 262 project and extending for the term of the comprehensive 263 agreement. 264 (6) The procurement of public-private partnerships by the 265 department shall follow the provisions of this section. Sections 266 337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18, 267 337.185, 337.19, 337.221, and 337.251 mayshallnot apply to 268 procurements under this section unless a provision is included 269 in the procurement documents. The department shall ensure that 270 generally accepted business practices for exemptions provided by 271 this subsection are part of the procurement process or are 272 included in the comprehensivepublic-private partnership273 agreement. 274 (a) The department may request proposals from private 275 entities for public-private transportation projects or, if the 276 department receives an unsolicited proposal, the department 277 shall publish a notice in the Florida Administrative Register 278 and a newspaper of general circulation at least once a week for 279 2 weeks stating that the department has received the proposal 280 and will accept, for between 30 and 120 days after the initial 281 date of publication as determined by the department based on the 282 complexity of the project, other proposals for the same project 283 purpose. A copy of the notice must be mailed to each local 284 government in the affected area. 285 (b) Public-private partnerships shall be qualified by the 286 department as part of the procurement process as outlined in the 287 procurement documents, provided such process ensures that the 288 private firm meets at least the minimum department standards for 289 qualification in department rule for professional engineering 290 services and road and bridge contracting prior to submitting a 291 proposal under the procurement. 292 (c) The department shall ensure that procurement documents 293 include provisions for performance of the private entity and 294 payment of subcontractors, including, but not limited to, surety 295 bonds, letters of credit, parent company guarantees, and lender 296 and equity partner guarantees. The department shall balance the 297 structure of the security package for the public-private 298 partnership that ensures performance and payment of 299 subcontractors with the cost of the security to ensure the most 300 efficient pricing. 301 (d) After the public notification period has expired, the 302 department shall rank the proposals in order of preference. In 303 ranking the proposals, the department may consider factors that 304 include, but are not limited to, professional qualifications, 305 general business terms, innovative engineering or cost-reduction 306 terms, finance plans, and the need for state funds to deliver 307 the project. If the department is not satisfied with the results 308 of the negotiations, the department may, at its sole discretion, 309 terminate negotiations with the proposer. If these negotiations 310 are unsuccessful, the department may go to the second-ranked and 311 lower-ranked firms, in order, using this same procedure. If only 312 one proposal is received, the department may negotiate in good 313 faith and, if the department is not satisfied with the results 314 of the negotiations, the department may, at its sole discretion, 315 terminate negotiations with the proposer. Notwithstanding this 316 subsection, the department may, at its discretion, reject all 317 proposals at any point in the process up to completion of a 318 contract with the proposer. 319 (e) The department shall provide an independent analysis of 320 the proposed public-private partnership that demonstrates the 321 cost-effectiveness and overall public benefit at the following 322 times: 323 1. Prior to moving forward with the procurement; and 324 2. If the procurement moves forward, prior to awarding the 325 contract. 326 (8) Before or in connection with the negotiation of a 327 comprehensive agreement, the department may enter into an 328 interim agreement with the private entity proposing the 329 development or operation of a qualifying project. An interim 330 agreement does not obligate the department to enter into a 331 comprehensive agreement. The interim agreement is discretionary 332 with the parties and is not required on a project for which the 333 parties may proceed directly to a comprehensive agreement 334 without the need for an interim agreement. An interim agreement 335 must be limited to any of the following provisions that: 336 (a) Authorize the private entity to commence activities for 337 which it may be compensated related to the proposed qualifying 338 project, including, but not limited to, project planning and 339 development, designing, environmental analysis and mitigation, 340 surveying, other activities concerning any part of the proposed 341 qualifying project, and ascertaining the availability of 342 financing for the proposed facility or facilities. 343 (b) Establish the process and timing for the negotiation of 344 the comprehensive agreement. 345 (c) Contain such other provisions related to an aspect of 346 the development or operation of a qualifying project which the 347 department and the private entity deem appropriate. 348 (9)(8)The department may enter into comprehensivepublic349private partnershipagreements that include extended terms 350 providing annual payments for performance based on the 351 availability of service or the facility being open to traffic or 352 based on the level of traffic using the facility. In addition to 353 other provisions in this section, the following provisionsshall354 apply: 355 (a) The annual payments under any such comprehensive 356 agreement mustshallbe included in the department’s tentative 357 work program developed under s. 339.135 and the long-range 358 transportation plan for the applicable metropolitan planning 359 organization developed under s. 339.175. The department shall 360 ensure that annual payments on multiyear comprehensivepublic361private partnershipagreements are prioritized ahead of new 362 capacity projects in the development and updating of the 363 tentative work program. 364 (b) The annual payments are subject to annual appropriation 365 by the Legislature as provided in the General Appropriations Act 366 in support of the first year of the tentative work program. 367 (11)(10)BeforePrior toentering into any comprehensive 368suchagreement in whichwherefunds are committed from the State 369 Transportation Trust Fund, the project must be prioritized as 370 follows: 371 (a) The department, in coordination with the local 372 metropolitan planning organization, shall prioritize projects 373 included in the Strategic Intermodal System 10-year and long 374 range cost-feasible plans. 375 (b) The department, in coordination with the local 376 metropolitan planning organization or local government where 377 there is no metropolitan planning organization, shall prioritize 378 projects, for facilities not on the Strategic Intermodal System, 379 included in the metropolitan planning organization cost-feasible 380 transportation improvement plan and long-range transportation 381 plan. 382 (12)(11)ComprehensivePublic-private partnership383 agreements under this section areshall belimited to a term not 384 exceeding 50 years. Upon making written findings that a 385 comprehensiveanagreement under this section requires a term in 386 excess of 50 years, the secretary of the department may 387 authorize a term of up to 75 years for projects that are 388 partially or completely funded from project user fees. 389 Comprehensive agreements under this section mayshallnot have a 390 term in excess of 75 years unless specifically approved by the 391 Legislature. The department shall identify each new project 392 under this section with a term exceeding 75 years in the 393 transmittal letter that accompanies the submittal of the 394 tentative work program to the Governor and the Legislature in 395 accordance with s. 339.135. 396 Section 4. Paragraph (e) of subsection (7) and subsection 397 (13) of section 337.11, Florida Statutes, are amended to read: 398 337.11 Contracting authority of department; bids; emergency 399 repairs, supplemental agreements, and change orders; combined 400 design and construction contracts; progress payments; records; 401 requirements of vehicle registration.— 402 (7) 403 (e) For design-build contracts and phased design-build 404 contracts, the department must receive at least three letters of 405 interest in order to proceed with a request for proposals. The 406 department shall request proposals from no fewer than three of 407 thedesign-buildfirms submitting letters of interest. If a 408design-buildfirm withdraws from consideration after the 409 department requests proposals, the department may continue if at 410 least two proposals are received. 411 (13) Any motor vehicle used inEach contract let by the412department forthe performance of road or bridge construction or 413 maintenance work on a department project mustshall require all414motor vehicles that the contractor operates or causes to be415operated in this state tobe registered in compliance with 416 chapter 320. 417 Section 5. Paragraph (d) of subsection (1) of section 418 337.18, Florida Statutes, is amended to read: 419 337.18 Surety bonds for construction or maintenance 420 contracts; requirement with respect to contract award; bond 421 requirements; defaults; damage assessments.— 422 (1) 423 (d) An action, except for an action for recovery of 424 retainage, must be instituted by a claimant, whether in privity 425 with the contractor or not, against the contractor or the surety 426 on the payment bond or the payment provisions of a combined 427 payment and performance bond within 365 days after the 428 performance of the labor or completion of delivery of the 429 materials or supplies. An action for recovery of retainage must 430 be instituted against the contractor or the surety within 365 431 days after final acceptance of the contract work by the 432 department. A claimant may not waive in advance his or her right 433 to bring an action under the bond against the surety. In any 434 action brought to enforce a claim against a payment bond under 435 this section, the prevailing party is entitled to recover a 436 reasonable fee for the services of his or her attorney for trial 437 and appeal or for arbitration, in an amount to be determined by 438 the court, which fee must be taxed as part of the prevailing 439 party’s costs, as allowed in equitable actions. 440 Section 6. Section 337.195, Florida Statutes, is amended to 441 read: 442 337.195 Limits on liability.— 443 (1) In a civil action for the death of or injury to a 444 person, or for damage to property, against the Department of 445 Transportation or its agents, consultants, or contractors for 446 work performed on a highway, road, street, bridge, or other 447 transportation facility when the death, injury, or damage 448 resulted from a motor vehicle crash within a construction zone 449 in which the driver of one of the vehicles was under the 450 influence of alcoholic beverages as set forth in s. 316.193, 451 under the influence of any chemical substance as set forth in s. 452 877.111, or illegally under the influence of any substance 453 controlled under chapter 893, excluding low-THC cannabis, to the 454 extent that her or his normal faculties were impaired or that 455 she or he operated a vehicle recklessly as defined in s. 456 316.192, it is presumed that the driver’s operation of the 457 vehicle was the sole proximate cause of her or his own death, 458 injury, or damage. This presumption can be overcome if the gross 459 negligence or intentional misconduct of the Department of 460 Transportation, or of its agents, consultants, or contractors, 461 was a proximate cause of the driver’s death, injury, or damage. 462 (2)(a) For purposes of this section: 463 1. “Contract documents” has the same meaning as in the 464 department’s Standard Specifications for Road and Bridge 465 Construction applicable under the contract between the 466 department and the contractor. 467 2. “Contractor” means a person or an entity, at any 468 contractual tier, including any member of a design-build team 469 pursuant to s. 337.11, who constructs, maintains, or repairs a 470 highway, road, street, bridge, or other transportation facility 471 for the department in connection with a department project. 472 3. “Design engineer” means a person or an entity, including 473 the design consultant of a design-build team, who contracts at 474 any tier to prepare or provide engineering plans, including 475 traffic control plans, for the construction or repair of a 476 highway, road, street, bridge, or other department 477 transportation facility for the department or in connection with 478 a department project. 479 4. “Traffic control plans” means the maintenance of traffic 480 plans designed by a professional engineer, or otherwise in 481 accordance with the department’s standard plans, and approved by 482 the department. 483 (b) A contractor is not liable for personal injury, 484 property damage, or death arising from any of the following: 485 1. The performance of the construction, maintenance, or 486 repair of the transportation facility, if, at the time the 487 personal injury, property damage, or death occurred, the 488 contractor was in compliance with the contract documents 489 material to the personal injury, property damage, or death. 490 2. Acts or omissions of a third party that furnishes or 491 contracts at any contractual level to furnish services or 492 materials to the transportation facility, including any 493 subcontractor; sub-subcontractor; laborer; materialman; owner, 494 lessor, or driver of a motor vehicle, trailer, semitrailer, 495 truck, heavy truck, truck tractor, or commercial motor vehicle, 496 as those terms are defined in s. 320.01; or any person who 497 performs services as an architect, a landscape architect, an 498 interior designer, an engineer, or a surveyor and mapper. 499 3. Acts or omissions of a third party who trespasses within 500 the limits of the transportation facility or otherwise is not 501 authorized to enter the area of the transportation facility in 502 which the personal injury, property damage, or death occurred. 503 4. Acts or omissions of a third party who damages, 504 modifies, moves, or removes any traffic control device, warning 505 device, barrier, or other facility or device used for the 506 public’s safety and conveniencewho constructs, maintains, or507repairs a highway, road, street, bridge, or other transportation508facility for the Department of Transportation is not liable to a509claimant for personal injury, property damage, or death arising510from the performance of the construction, maintenance, or repair511if, at the time of the personal injury, property damage, or512death, the contractor was in compliance with contract documents513material to the condition that was the proximate cause of the514personal injury, property damage, or death. 515 (c)(a)The limitationslimitationon liability contained in 516 this subsection dodoesnot apply when the proximate cause of 517 the personal injury, property damage, or death is a latent 518 condition, defect, error, or omission that was created by the 519 contractor and not a defect, error, or omission in the contract 520 documents; or when the proximate cause of the personal injury, 521 property damage, or death was the contractor’s failure to 522perform, update, orcomply with themaintenance of thetraffic 523 control planssafety planas required by the contract documents. 524 (d)(b)Nothing inThis subsection may notshallbe 525 interpreted or construed as relieving the contractor of any 526 obligation to provide the departmentof Transportationwith 527 written notice of any apparent error or omission in the contract 528 documents, or as relieving the contractor of his or her contract 529 responsibility to manage the work of others performing under the 530 contract. 531 (e)(c)Nothing inThis subsection may notshallbe 532 interpreted or construed to alter or affect any claim of the 533 departmentof Transportationagainst such contractor. 534 (f)(d)This subsection does not affect any claim of any 535 entity against such contractor, which claim is associated with 536 such entity’s facilities on or in departmentof Transportation537 roads or other transportation facilities. 538 (3) In all cases involving personal injury, property 539 damage, or death, a design engineer isperson or entity who540contracts to prepare or provide engineering plans for the541construction or repair of a highway, road, street, bridge, or542other transportation facility for the Department of543Transportation shall bepresumed to have preparedsuch544 engineering plans using the degree of care and skill ordinarily 545 exercised by other engineers in the field under similar 546 conditions and in similar localities and with due regard for 547 acceptable engineering standards and principles if the 548 engineering plans conformed to the department’sDepartment of549Transportation’sdesign standards material to the condition or 550 defect that was the proximate cause of the personal injury, 551 property damage, or death. This presumption can be overcome only 552 upon a showing of the design engineer’sperson’s or entity’s553 gross negligence in the preparation of the engineering plans and 554 mayshallnot be interpreted or construed to alter or affect any 555 claim of the departmentof Transportationagainst such design 556 engineerperson or entity. The limitation on liability contained 557 in this subsection doesshallnot apply to any hidden or 558 undiscoverable condition created by the design engineer. This 559 subsection does not affect any claim of any entity against such 560 design engineeror engineering firm, which claim is associated 561 with such entity’s facilities on or in departmentof562Transportationroads or other transportation facilities. 563(4) In any civil action for death, injury, or damages564against the Department of Transportation or its agents,565consultants, engineers, or contractors for work performed on a566highway, road, street, bridge, or other transportation facility,567if the department, its agents, consultants, engineers, or568contractors are immune from liability pursuant to this section569or are not parties to the litigation, they may not be named on570the jury verdict form or be found to be at fault or responsible571for the injury, death, or damage that gave rise to the damages.572 Section 7. Subsection (2) of section 337.401, Florida 573 Statutes, is amended to read: 574 337.401 Use of right-of-way for utilities subject to 575 regulation; permit; fees.— 576 (2) The authority may grant to any person who is a resident 577 of this state, or to any corporation thatwhichis organized 578 under the laws of this state or licensed to do business within 579 this state, the use of a right-of-way for the utility in 580 accordance with such rules or regulations as the authority may 581 adopt. A utility may not be installed, located, or relocated 582 unless authorized by a written permit issued by the authority. 583 However, for public roads or publicly owned rail corridors under 584 the jurisdiction of the department, autility relocation585scheduleandrelocation agreement may be executed in lieu of a 586 written permit. The permit or relocation agreement must require 587 the utility ownerpermitholderto be responsible for any damage 588 resulting from the work performed underissuance ofsuch permit 589 or relocation agreement. The relocation agreement must contain a 590 reasonable utility relocation schedule to expedite the 591 completion of the department’s construction or maintenance 592 project and specify a reasonable liquidated damage amount for 593 each day the work remains incomplete beyond the completion date 594 specified in the permit or relocation agreement. The authority 595 may initiate injunctive proceedings as provided in s. 120.69 to 596 enforce provisions of this subsection or any rule or order 597 issued or entered into pursuant thereto. A permit application 598 required under this subsection by a county or municipality 599 having jurisdiction and control of the right-of-way of any 600 public road must be processed and acted upon in accordance with 601 the timeframes provided in subparagraphs (7)(d)7., 8., and 9. 602 Section 8. Subsections (1) and (3) of section 337.403, 603 Florida Statutes, are amended to read: 604 337.403 Interference caused by utility; expenses.— 605 (1) If a utility that is placed upon, under, over, or 606 within the right-of-way limits of any public road or publicly 607 owned rail corridor is found by the authority to be unreasonably 608 interfering in any way with the convenient, safe, or continuous 609 use, or the maintenance, improvement, extension, or expansion, 610 of such public road or publicly owned rail corridor, the utility 611 owner shall, upon 30 days’ written notice to the utility or its 612 agent by the authority, provide to the authority a reasonable 613 utility relocation schedule to expedite the completion of the 614 authority’s construction or maintenance project identified in 615 the notice, and initiate the work necessary to alleviate the 616 interference within 60 days after receipt of the written notice 617 from the authority at its own expense except as provided in 618 paragraphs (a)-(j). The notice must specify a reasonable 619 liquidated damage amount for each day the work remains 620 incomplete if notThe work must becompleted within such 621 reasonable time as stated in the notice or such time as agreed 622 to by the authority and the utility owner. 623 (a) If the relocation of utility facilities, as referred to 624 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 625 84-627, is necessitated by the construction of a project on the 626 federal-aid interstate system, including extensions thereof 627 within urban areas, and the cost of the project is eligible and 628 approved for reimbursement by the Federal Government to the 629 extent of 90 percent or more under the Federal-Aid Highway Act, 630 or any amendment thereof, then in that event the utility owning 631 or operating such facilities shall perform any necessary work 632 upon notice from the department, and the state shall pay the 633 entire expense properly attributable to such work after 634 deducting therefrom any increase in the value of a new facility 635 and any salvage value derived from an old facility. 636 (b) When a joint agreement between the department and the 637 utility is executed for utility work to be accomplished as part 638 of a contract for construction of a transportation facility, the 639 department may participate in those utility work costs that 640 exceed the department’s official estimate of the cost of the 641 work by more than 10 percent. The amount of such participation 642 is limited to the difference between the official estimate of 643 all the work in the joint agreement plus 10 percent and the 644 amount awarded for this work in the construction contract for 645 such work. The department may not participate in any utility 646 work costs that occur as a result of changes or additions during 647 the course of the contract. 648 (c) When an agreement between the department and utility is 649 executed for utility work to be accomplished in advance of a 650 contract for construction of a transportation facility, the 651 department may participate in the cost of clearing and grubbing 652 necessary to perform such work. 653 (d) If the utility facility was initially installed to 654 exclusively serve the authority or its tenants, or both, the 655 authority shall bear the costs of the utility work. However, the 656 authority is not responsible for the cost of utility work 657 related to any subsequent additions to that facility for the 658 purpose of serving others. For a county or municipality, if such 659 utility facility was installed in the right-of-way as a means to 660 serve a county or municipal facility on a parcel of property 661 adjacent to the right-of-way and if the intended use of the 662 county or municipal facility is for a use other than 663 transportation purposes, the obligation of the county or 664 municipality to bear the costs of the utility work shall extend 665 only to utility work on the parcel of property on which the 666 facility of the county or municipality originally served by the 667 utility facility is located. 668 (e) If, under an agreement between a utility and the 669 authority entered into after July 1, 2009, the utility conveys, 670 subordinates, or relinquishes a compensable property right to 671 the authority for the purpose of accommodating the acquisition 672 or use of the right-of-way by the authority, without the 673 agreement expressly addressing future responsibility for the 674 cost of necessary utility work, the authority shall bear the 675 cost of removal or relocation. This paragraph does not impair or 676 restrict, and may not be used to interpret, the terms of any 677 such agreement entered into before July 1, 2009. 678 (f) If the utility is an electric facility being relocated 679 underground in order to enhance vehicular, bicycle, and 680 pedestrian safety and in which ownership of the electric 681 facility to be placed underground has been transferred from a 682 private to a public utility within the past 5 years, the 683 department shall incur all costs of the necessary utility work. 684 (g) An authority may bear the costs of utility work 685 required to eliminate an unreasonable interference when the 686 utility is not able to establish that it has a compensable 687 property right in the particular property where the utility is 688 located if: 689 1. The utility was physically located on the particular 690 property before the authority acquired rights in the property; 691 2. The utility demonstrates that it has a compensable 692 property right in adjacent properties along the alignment of the 693 utility or, after due diligence, certifies that the utility does 694 not have evidence to prove or disprove that it has a compensable 695 property right in the particular property where the utility is 696 located; and 697 3. The information available to the authority does not 698 establish the relative priorities of the authority’s and the 699 utility’s interests in the particular property. 700 (h) If a municipally owned utility or county-owned utility 701 is located in a rural area of opportunity, as defined in s. 702 288.0656(2), and the department determines that the utility is 703 unable, and will not be able within the next 10 years, to pay 704 for the cost of utility work necessitated by a department 705 project on the State Highway System, the department may pay, in 706 whole or in part, the cost of such utility work performed by the 707 department or its contractor. 708 (i) If the relocation of utility facilities is necessitated 709 by the construction of a commuter rail service project or an 710 intercity passenger rail service project and the cost of the 711 project is eligible and approved for reimbursement by the 712 Federal Government, then in that event the utility owning or 713 operating such facilities located by permit on a department 714 owned rail corridor shall perform any necessary utility 715 relocation work upon notice from the department, and the 716 department shall pay the expense properly attributable to such 717 utility relocation work in the same proportion as federal funds 718 are expended on the commuter rail service project or an 719 intercity passenger rail service project after deducting 720 therefrom any increase in the value of a new facility and any 721 salvage value derived from an old facility. In no event shall 722 the state be required to use state dollars for such utility 723 relocation work. This paragraph does not apply to any phase of 724 the Central Florida Commuter Rail project, known as SunRail. 725 (j) If a utility is lawfully located within an existing and 726 valid utility easement granted by recorded plat, regardless of 727 whether such land was subsequently acquired by the authority by 728 dedication, transfer of fee, or otherwise, the authority must 729 bear the cost of the utility work required to eliminate an 730 unreasonable interference. The authority shall pay the entire 731 expense properly attributable to such work after deducting any 732 increase in the value of a new facility and any salvage value 733 derived from an old facility. 734 (3) Whenever a notice from the authority requires such 735 utility work and the owner thereof fails to perform the work at 736 his or her own expense within the time stated in the notice or 737 such other time as agreed to by the authority and the utility 738 owner, the authority shall proceed to cause the utility work to 739 be performed. The utility shall pay to the authority reasonable 740 costs resulting from the utility’s failure or refusal to timely 741 perform the work, including payment of any liquidated damages 742 assessed by the authorityThe expense thereby incurred shall be743paid out of any money available therefor, and such expense744shall, except as provided in subsection (1), be charged against745the owner and levied and collected and paid into the fund from746which the expense of such relocation was paid. 747 Section 9. Section 339.2820, Florida Statutes, is created 748 to read: 749 339.2820 Local agency program.— 750 (1) There is created within the department a local agency 751 program for the purpose of providing assistance to subrecipient 752 agencies, which include counties, municipalities, 753 intergovernmental agencies, and other eligible governmental 754 entities, to develop, design, and construct transportation 755 facilities using federal funds allocated to the department from 756 federal agencies which are suballocated to local agencies. The 757 department shall update the project cost estimate in the year 758 the project is granted to the local agency and include a 759 contingency amount as part of the project cost estimate. 760 (2) The department is authorized to oversee projects funded 761 by the Federal Highway Administration. 762 (3) Local agencies shall prioritize budgeting local 763 projects through their respective M.P.O.’s or governing boards 764 so that those organizations or boards may receive reimbursement 765 for the services they provide to the public which are in 766 compliance with applicable federal laws, rules, and regulations. 767 (4) Federal-aid highway funds are available only to local 768 agencies that are certified by the department based on the 769 agencies’ qualifications, experience, and ability to comply with 770 federal requirements, and their ability to undertake and 771 satisfactorily complete the work. 772 (5) Local agencies shall include in their contracts to 773 develop, design, or construct transportation facilities the 774 department’s Division I General Requirements and Covenants for 775 local agencies as well as a contingency amount to cover costs 776 incurred due to unforeseen conditions. 777 Section 10. Subsection (3) of section 339.2825, Florida 778 Statutes, is amended to read: 779 339.2825 Approval of contractor-financed projects.— 780 (3) This section does not apply to a comprehensivepublic781private partnershipagreement authorized in s. 334.30(2)(a). 782 Section 11. This act shall take effect July 1, 2024.