Bill Text: FL S1044 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2019 SB 1044 By Senator Albritton 26-00565A-19 20191044__ 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 20.23, F.S.; providing that the Department 4 of Transportation consists of a central office that 5 establishes policies and procedures and districts that 6 carry out certain projects; deleting the requirement 7 that the Governor appoint the Secretary of 8 Transportation from among three persons nominated by 9 the Florida Transportation Commission; providing 10 additional qualification requirements for the 11 secretary; amending s. 112.061, F.S.; requiring that 12 certain mileage be computed on the basis of the most 13 commonly used maps; amending s. 334.046, F.S.; 14 requiring certain preservation goals to include 15 ensuring that a specified percentage of the pavement 16 in each of the department’s districts meet department 17 standards by a specified year; creating s. 334.179, 18 F.S.; prohibiting local governments from adopting 19 standards or specifications that are contrary to the 20 department standards or specifications for permissible 21 use of aggregates and materials that have been 22 certified for use; defining the term “certified for 23 use”; amending s. 337.14, F.S.; requiring any 24 contractor, instead of any person, desiring to bid for 25 the performance of certain construction contracts to 26 first be certified by the department as qualified; 27 conforming provisions to changes made by the act; 28 requiring a contractor desiring to bid on certain 29 contracts to have satisfactorily completed certain 30 projects; amending s. 337.18, F.S.; requiring that a 31 certain schedule include a reduction of the daily 32 liquidated damage charges to certain costs when 33 traffic is in its final configuration and the project 34 is functional for its intended purpose; amending s. 35 337.185, F.S.; revising the maximum amounts per 36 contract of certain contractual claims that must be 37 arbitrated by the State Arbitration Board under 38 certain circumstances; amending s. 338.166, F.S.; 39 prohibiting the department from using toll revenue 40 from high-occupancy toll lanes or express lanes to 41 offset funding that the facilities would use if the 42 facilities were not high-occupancy toll lanes or 43 express lanes; amending s. 339.135, F.S.; requiring 44 the department to allocate a minimum specified 45 percentage of all transportation capacity funds, with 46 the exception of funds allocated for the transit 47 program and the surface transportation program 48 attributable to areas with certain populations, to the 49 Florida Strategic Intermodal System; amending s. 50 339.65, F.S.; requiring that priority for certain 51 facility improvements by the department be given to 52 correcting or improving certain sections of interstate 53 highway; requiring that project development and 54 environmental studies for a certain section of 55 interstate highway begin within a specified period; 56 providing an effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Subsection (1) of section 20.23, Florida 61 Statutes, is amended to read: 62 20.23 Department of Transportation.—There is created a 63 Department of Transportation which shall be a decentralized 64 agency. 65 (1)(a) The Department of Transportation shall consist of: 66 1. A central office that establishes policies and 67 procedures; and 68 2. Districts that carry out projects as authorized or 69 required under the policies and procedures of the central office 70 pursuant to paragraph (3)(a). 71 (b) The head of the Department of Transportation is the 72 Secretary of Transportation. The secretary isshall beappointed 73 by the Governor,from among three persons nominated by the74Florida Transportation Commissionand shall besubject to 75 confirmation by the Senate. The secretary shall serve at the 76 pleasure of the Governor. 77 (c)(b)The secretary mustshallbe a proven, effective 78 administrator who, by a combination of education and experience, 79 clearly possessesshall clearly possessa broad knowledge of the 80 administrative, financial, and technical aspects of the 81 development, operation, and regulation of transportation systems 82 and facilities or comparable systems and facilities. The 83 secretary must be a professional engineer licensed under chapter 84 471 or the laws of another state or, in lieu of such licensure, 85 must hold an advanced degree in a related discipline, such as a 86 Master of Business Administration, or have 10 years of relevant 87 experience. 88 (d)(c)The secretary shall provide to the Florida 89 Transportation Commission or its staff, such assistance, 90 information, and documents as are requested by the commission or 91 its staff to enable the commission to fulfill its duties and 92 responsibilities. 93 (e)(d)The secretary may appoint up to three assistant 94 secretarieswho shall bedirectly responsible to the secretary 95andwho shall performsuchdutiesas areassigned by the 96 secretary. The secretary shall designate to an assistant 97 secretary the duties related to enhancing economic prosperity, 98 including, but not limited to, the responsibility of liaising 99liaisonwith the head of economic development in the Executive 100 Office of the Governor. ThisSuchassistant secretary isshall101bedirectly responsible for providing the Executive Office of 102 the Governor with investment opportunities and transportation 103 projects that expand the state’s role as a global hub for trade 104 and investment and enhance the supply chain system in the state 105 to process, assemble, and ship goods to markets throughout the 106 eastern United States, Canada, the Caribbean, and Latin America. 107 The secretary may delegate to any assistant secretary the 108 authority to act in the absence of the secretary. 109 (f)(e)Any secretary appointed after July 5, 1989, and the 110 assistant secretaries areshall beexempt fromthe provisions of111 part III of chapter 110 and mustshallreceive compensation that 112 is commensurate with their qualifications and competitive with 113 compensation for comparable responsibility in the private 114 sector. 115 Section 2. Paragraph (d) of subsection (7) of section 116 112.061, Florida Statutes, is amended to read: 117 112.061 Per diem and travel expenses of public officers, 118 employees, and authorized persons.— 119 (7) TRANSPORTATION.— 120 (d)1. The use of privately owned vehicles for official 121 travel in lieu of publicly owned vehicles or common carriers may 122 be authorized by the agency head or his or her designee. 123 Whenever travel is by privately owned vehicle: 124 a. A traveler shall be entitled to a mileage allowance at a 125 rate of 44.5 cents per mile; or 126 b. A traveler shall be entitled to the common carrier fare 127 for such travel if determined by the agency head to be more 128 economical. 129 2. Reimbursement for expenditures related to the operation, 130 maintenance, and ownership of a vehicle shall not be allowed 131 when privately owned vehicles are used on public business and 132 reimbursement is made pursuant to this paragraph, except as 133 provided in subsection (8). 134 3. All mileage shall be shown from point of origin to point 135 of destination and, when possible, shall be computed on the 136 basis of the most commonly used mapscurrent map of the137Department of Transportation. Vicinity mileage necessary for the 138 conduct of official business is allowable but must be shown as a 139 separate item on the expense voucher. 140 Section 3. Paragraph (a) of subsection (4) of section 141 334.046, Florida Statutes, is amended to read: 142 334.046 Department mission, goals, and objectives.— 143 (4) At a minimum, the department’s goals shall address the 144 following prevailing principles. 145 (a) Preservation.—Protecting the state’s transportation 146 infrastructure investment. Preservation includes: 147 1. Ensuring that 80 percent of the pavement on the State 148 Highway System meets department standards and, by the end of 149 fiscal year 2023, ensuring that 80 percent of the pavement in 150 each of the department’s districts meets the department 151 standards; 152 2. Ensuring that 90 percent of department-maintained 153 bridges meetsmeetdepartment standards; and 154 3. Ensuring that the department achieves 100 percent of the 155 acceptable maintenance standard on the state highway system. 156 Section 4. Section 334.179, Florida Statutes, is created to 157 read: 158 334.179 Department standards or specifications for 159 permissible use of aggregates and materials.—Notwithstanding any 160 law, rule, or ordinance to the contrary, a local government may 161 not adopt standards or specifications that are contrary to the 162 department standards or specifications for permissible use of 163 aggregates and materials that have been certified for use. For 164 purposes of this section, “certified for use” means that the 165 aggregates and materials have been approved for use by the 166 department through its certification program. 167 Section 5. Subsection (1) of section 337.14, Florida 168 Statutes, is amended to read: 169 337.14 Application for qualification; certificate of 170 qualification; restrictions; request for hearing.— 171 (1) Any contractorpersondesiring to bid for the 172 performance of any construction contract in excess of $250,000 173 which the department proposes to let must first be certified by 174 the department as qualified pursuant to this section and rules 175 of the department. The rules of the department mustshall176 address the qualification of contractorspersonsto bid on 177 construction contracts in excess of $250,000 and mustshall178 include requirements with respect to the equipment, past record, 179 experience, financial resources, and organizational personnel of 180 the applying contractor which areapplicantnecessary to perform 181 the specific class of work for which the contractorpersonseeks 182 certification. Any contractor desiring to bid on contracts in 183 excess of $50 million must have satisfactorily completed two 184 projects, each in excess of $25 million, for the department or 185 for any other state department of transportation. The department 186 may limit the dollar amount of any contract upon which a 187 contractorpersonis qualified to bid or the aggregate total 188 dollar volume of contracts such contractorpersonis allowed to 189 have under contract at any one time. Each applying contractor 190applicantseeking qualification to bid on construction contracts 191 in excess of $250,000 shall furnish the department a statement 192 under oath, on such forms as the department may prescribe, 193 setting forth detailed information as required on the 194 application. Each application for certification mustshallbe 195 accompanied by the latest annual financial statement of the 196 applying contractorapplicantcompleted within the last 12 197 months. If the application or the annual financial statement 198 shows the financial condition of the applying contractor 199applicantmore than 4 months prior to the date on which the 200 application is received by the department,thenan interim 201 financial statement and an updated application must be submitted 202and be accompanied by an updated application. The interim 203 financial statement must cover the period from the end date of 204 the annual statement and must show the financial condition of 205 the applying contractorapplicantno more than 4 months prior to 206 the date that the interim financial statement is received by the 207 department. However, upon the request ofbythe applying 208 contractorapplicant, an application and accompanying annual or 209 interim financial statement received by the department within 15 210 days after either 4-month period under this subsection shall be 211 considered timely. Each required annual or interim financial 212 statement must be audited and accompanied by the opinion of a 213 certified public accountant. An applying contractorapplicant214 desiring to bid exclusively for the performance of construction 215 contracts with proposed budget estimates of less than $1 million 216 may submit reviewed annual or reviewed interim financial 217 statements prepared by a certified public accountant. The 218 information required by this subsection is confidential and 219 exempt fromthe provisions ofs. 119.07(1). The department shall 220 act upon the application for qualification within 30 days after 221 the department determines that the application is complete. The 222 department may waive the requirements of this subsection for 223 projects having a contract price of $500,000 or less if the 224 department determines that the project is of a noncritical 225 nature and the waiver will not endanger public health, safety, 226 or property. 227 Section 6. Subsection (2) of section 337.18, Florida 228 Statutes, is amended to read: 229 337.18 Surety bonds for construction or maintenance 230 contracts; requirement with respect to contract award; bond 231 requirements; defaults; damage assessments.— 232 (2) The department shall provide in its contracts for the 233 determination of default on the part of any contractor for cause 234 attributable to such contractor. The department shall have no 235 liability for anticipated profits for unfinished work on a 236 contract which has been determined to be in default. Every 237 contract let by the department for the performance of work must 238shallcontain a provision for payment to the department by the 239 contractor of liquidated damages due to failure of the 240 contractor to complete the contract work within the time 241 stipulated in the contract or within such additional time as may 242 have been granted by the department. The contractual provision 243 mustshallinclude a reasonable estimate of the damages that 244 would be incurred by the department as a result of such failure. 245 The department shall establish a schedule of daily liquidated 246 damage charges, based on original contract amounts, for 247 construction contracts entered into by the department, which 248 schedule mustshallbe incorporated by reference into the 249 contract. The schedule shall include a reduction of the daily 250 liquidated damage charges to construction engineering and 251 inspection costs when traffic is in its final configuration and 252 the project is functional for its intended purpose. The 253 department shall update the schedule of liquidated damages at 254 least once every 2 years, but no more often than once a year. 255 The schedule mustshall, at a minimum, be based on the average 256 construction, engineering, and inspection costs experienced by 257 the department on contracts over the 2 preceding fiscal years. 258 The schedule mustshallalso include anticipated costs of 259 project-related delays and inconveniences to the department and 260 traveling public. Anticipated costs may include, but are not 261 limited to, road user costs, a portion of the projected revenues 262 that will be lost due to failure to timely open a project to 263 revenue-producing traffic, costs resulting from retaining 264 detours for an extended time, and other similar costs. Any such 265 liquidated damages paid to the department mustshallbe 266 deposited to the credit of the fund from which payment for the 267 work contracted was authorized. 268 Section 7. Subsection (1) of section 337.185, Florida 269 Statutes, is amended to read: 270 337.185 State Arbitration Board.— 271 (1) To facilitate the prompt settlement of claims for 272 additional compensation arising out of construction and 273 maintenance contracts between the department and the various 274 contractors with whom it transacts business, the Legislature 275 does hereby establish the State Arbitration Board, referred to 276 in this section as the “board.” For the purpose of this section, 277 the term “claim” means the aggregate of all outstanding claims 278 by a party arising out of a construction or maintenance 279 contract. Every contractual claim in an amount up to $250,000 280 per contract or, at the claimant’s option, up to $1 million 281$500,000per contract or, upon agreement of the parties, up to 282 $2 million$1 millionper contract whichthatcannot be resolved 283 by negotiation between the department and the contractor must 284shallbe arbitrated by the board after acceptance of the project 285 by the department. As an exception, either party to the dispute 286 may request that the claim be submitted to binding private 287 arbitration. A court of law may not consider the settlement of 288 such a claim until the process established by this section has 289 been exhausted. 290 Section 8. Present subsections (5), (6), and (7) of section 291 338.166, Florida Statutes, are renumbered as subsections (6), 292 (7), and (8), respectively, and a new subsection (5) is added to 293 that section, to read: 294 338.166 High-occupancy toll lanes or express lanes.— 295 (5) The department may not use toll revenue from the high 296 occupancy toll lanes or express lanes to offset funding that the 297 facilities would use if the facilities were not high-occupancy 298 toll lanes or express lanes. 299 Section 9. Paragraph (a) of subsection (4) of section 300 339.135, Florida Statutes, is amended to read: 301 339.135 Work program; legislative budget request; 302 definitions; preparation, adoption, execution, and amendment.— 303 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.— 304 (a)1. To assure that no district or county is penalized for 305 local efforts to improve the State Highway System, the 306 department shall, for the purpose of developing a tentative work 307 program, allocate funds for new construction to the districts, 308 except for the turnpike enterprise, based on equal parts of 309 population and motor fuel tax collections. Funds for 310 resurfacing, bridge repair and rehabilitation, bridge fender 311 system construction or repair, public transit projects except 312 public transit block grants as provided in s. 341.052, and other 313 programs with quantitative needs assessments shall be allocated 314 based on the results of these assessments. The department may 315 not transfer any funds allocated to a district under this 316 paragraph to any other district except as provided in subsection 317 (7). Funds for public transit block grants shall be allocated to 318 the districts pursuant to s. 341.052. Funds for the intercity 319 bus program provided for under s. 5311(f) of the federal 320 nonurbanized area formula program shall be administered and 321 allocated directly to eligible bus carriers as defined in s. 322 341.031(12) at the state level rather than the district. In 323 order to provide state funding to support the intercity bus 324 program provided for under provisions of the federal 5311(f) 325 program, the department shall allocate an amount equal to the 326 federal share of the 5311(f) program from amounts calculated 327 pursuant to s. 206.46(3). 328 2. Notwithstanding the provisions of subparagraph 1., the 329 department shall allocate at least 7550percent of all 330 transportation capacity funds, with the exception of funds 331 allocated for the transit program and the surface transportation 332 program attributable to areas with populations over 200,000,any333new discretionary highway capacity fundsto the Florida 334 Strategic Intermodal System created pursuant to s. 339.61. Any 335 remainingnew discretionaryhighway capacity funds shall be 336 allocated to the districts for new construction as provided in 337 subparagraph 1.For the purposes of this subparagraph, the term338“new discretionary highway capacity funds” means any funds339available to the department above the prior year funding level340for capacity improvements, which the department has the341discretion to allocate to highway projects.342 Section 10. Paragraph (a) of subsection (3) of section 343 339.65, Florida Statutes, is amended to read: 344 339.65 Strategic Intermodal System highway corridors.— 345 (3) The department shall adhere to the following policy 346 guidelines in the development of Strategic Intermodal System 347 highway corridors. The department shall: 348 (a) Make capacity improvements to existing facilities where 349 feasible to minimize costs and environmental impacts. Priority 350 must be given to correcting or improving sections of interstate 351 highway that experience unusually high accident rates. For a 352 section of interstate highway that experiences high levels of 353 both recurring and non-recurring congestion and in which non 354 recurring congestion accounts for more than 75 percent of the 355 total congestion of the section, project development and 356 environmental studies must begin within 3 years after an 357 analysis of the section is complete. 358 Section 11. This act shall take effect July 1, 2019.