Bill Text: FL S1044 | 2019 | Regular Session | Comm Sub
Bill Title: Department of Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 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-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 1044 By the Committees on Appropriations; and Infrastructure and Security; and Senator Albritton 576-04637-19 20191044c2 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 creating s. 334.179, F.S.; prohibiting local 4 governments from adopting standards or specifications 5 that are contrary to the department standards or 6 specifications for permissible use of aggregates that 7 have been certified for use; defining the term 8 “certified for use”; amending s. 336.044, F.S.; 9 prohibiting local governmental entities from adopting 10 standards or specifications that are contrary to the 11 department standards or specifications for permissible 12 use of reclaimed asphalt pavement material in 13 construction; providing that such material may not be 14 considered solid waste; amending s. 337.025, F.S.; 15 authorizing the department to establish a program for 16 transportation projects that demonstrate certain 17 innovative techniques for measuring resiliency and 18 structural integrity and controlling time and cost 19 increases; amending s. 337.14, F.S.; requiring that 20 any contractor, instead of any person, desiring to bid 21 for the performance of certain construction contracts 22 first be certified by the department as qualified; 23 conforming provisions to changes made by the act; 24 requiring a contractor desiring to bid on certain 25 contracts to have satisfactorily completed certain 26 projects; amending s. 337.185, F.S.; increasing the 27 maximum amounts per contract of certain contractual 28 claims that must be arbitrated by the State 29 Arbitration Board under certain circumstances; 30 providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 334.179, Florida Statutes, is created to 35 read: 36 334.179 Departmental standards or specifications for 37 permissible use of aggregates.—Notwithstanding any law, rule, or 38 ordinance to the contrary, a local government may not adopt 39 standards or specifications that are contrary to the 40 departmental standards or specifications for permissible use of 41 aggregates that have been certified for use. For purposes of 42 this section, the term “certified for use” means that the 43 aggregates have been certified by the producer in accordance 44 with departmental rule. 45 Section 2. Present subsection (5) of section 336.044, 46 Florida Statutes, is redesignated as subsection (6), and a new 47 subsection (5) is added to that section, to read: 48 336.044 Use of recyclable materials in construction.— 49 (5) Notwithstanding any law, rule, or ordinance to the 50 contrary, local governmental entities may not adopt standards or 51 specifications that are contrary to the departmental standards 52 or specifications for permissible use of reclaimed asphalt 53 pavement material in construction. Such material may not be 54 considered solid waste. 55 Section 3. Subsection (1) of section 337.025, Florida 56 Statutes, is amended to read: 57 337.025 Innovative transportationhighwayprojects; 58 department to establish program.— 59 (1) The department mayis authorized toestablish a program 60 for transportationhighwayprojects demonstrating innovative 61 techniques of highway and bridge design, construction, 62 maintenance, and finance which have the intended effect of 63 measuring resiliency and structural integrity and controlling 64 time and cost increases on construction projects. Such 65 techniques may include, but are not limited to, state-of-the-art 66 technology for pavement, safety, and other aspects of highway 67 and bridge design, construction, and maintenance; innovative 68 bidding and financing techniques; accelerated construction 69 procedures; and those techniques that have the potential to 70 reduce project life cycle costs. To the maximum extent 71 practical, the department must use the existing process to award 72 and administer construction and maintenance contracts. When 73 specific innovative techniques are to be used, the department is 74 not required to adhere to those provisions of law that would 75 prevent, preclude, or in any way prohibit the department from 76 using the innovative technique. However, beforeprior tousing 77 an innovative technique that is inconsistent with another 78 provision of law, the department must document in writing the 79 need for the exception and identify what benefits the traveling 80 public and the affected community are anticipated to receive. 81 The department may enter into no more than $120 million in 82 contracts annually for the purposes authorized by this section. 83 Section 4. Subsection (1) of section 337.14, Florida 84 Statutes, is amended to read: 85 337.14 Application for qualification; certificate of 86 qualification; restrictions; request for hearing.— 87 (1) Any contractorpersondesiring to bid for the 88 performance of any construction contract in excess of $250,000 89 which the department proposes to let must first be certified by 90 the department as qualified pursuant to this section and rules 91 of the department. The rules of the department mustshall92 address the qualification of contractorspersonsto bid on 93 construction contracts in excess of $250,000 and mustshall94 include requirements with respect to the equipment, past record, 95 experience, financial resources, and organizational personnel of 96 the applying contractor which areapplicantnecessary to perform 97 the specific class of work for which the contractorpersonseeks 98 certification. Any contractor desiring to bid on contracts in 99 excess of $50 million must have satisfactorily completed two 100 projects, each in excess of $25 million, for the department or 101 for any other state department of transportation. The department 102 may limit the dollar amount of any contract upon which a 103 contractorpersonis qualified to bid or the aggregate total 104 dollar volume of contracts such contractorpersonis allowed to 105 have under contract at any one time. Each applying contractor 106applicantseeking qualification to bid on construction contracts 107 in excess of $250,000 shall furnish the department a statement 108 under oath, on such forms as the department may prescribe, 109 setting forth detailed information as required on the 110 application. Each application for certification mustshallbe 111 accompanied by the latest annual financial statement of the 112 applying contractorapplicantcompleted within the last 12 113 months. If the application or the annual financial statement 114 shows the financial condition of the applying contractor 115applicantmore than 4 months prior to the date on which the 116 application is received by the department,thenan interim 117 financial statement and an updated application must be submitted 118and be accompanied by an updated application. The interim 119 financial statement must cover the period from the end date of 120 the annual statement and must show the financial condition of 121 the applying contractorapplicantno more than 4 months prior to 122 the date that the interim financial statement is received by the 123 department. However, upon the request ofbythe applying 124 contractorapplicant, an application and accompanying annual or 125 interim financial statement received by the department within 15 126 days after either 4-month period under this subsection shall be 127 considered timely. Each required annual or interim financial 128 statement must be audited and accompanied by the opinion of a 129 certified public accountant. An applying contractorapplicant130 desiring to bid exclusively for the performance of construction 131 contracts with proposed budget estimates of less than $1 million 132 may submit reviewed annual or reviewed interim financial 133 statements prepared by a certified public accountant. The 134 information required by this subsection is confidential and 135 exempt fromthe provisions ofs. 119.07(1). The department shall 136 act upon the application for qualification within 30 days after 137 the department determines that the application is complete. The 138 department may waive the requirements of this subsection for 139 projects having a contract price of $500,000 or less if the 140 department determines that the project is of a noncritical 141 nature and the waiver will not endanger public health, safety, 142 or property. 143 Section 5. Subsection (1) of section 337.185, Florida 144 Statutes, is amended to read: 145 337.185 State Arbitration Board.— 146 (1) To facilitate the prompt settlement of claims for 147 additional compensation arising out of construction and 148 maintenance contracts between the department and the various 149 contractors with whom it transacts business, the Legislature 150 does hereby establish the State Arbitration Board, referred to 151 in this section as the “board.” For the purpose of this section, 152 the term “claim” means the aggregate of all outstanding claims 153 by a party arising out of a construction or maintenance 154 contract. Every contractual claim in an amount up to $250,000 155 per contract or, at the claimant’s option, up to $1 million 156$500,000per contract or, upon agreement of the parties, up to 157 $2 million$1 millionper contract whichthatcannot be resolved 158 by negotiation between the department and the contractor must 159shallbe arbitrated by the board after acceptance of the project 160 by the department. As an exception, either party to the dispute 161 may request that the claim be submitted to binding private 162 arbitration. A court of law may not consider the settlement of 163 such a claim until the process established by this section has 164 been exhausted. 165 Section 6. This act shall take effect July 1, 2019.