Bill Text: FL S1044 | 2019 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2019 CS for SB 1044 By the Committee on Infrastructure and Security; and Senator Albritton 596-03289-19 20191044c1 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 20.23, F.S.; deleting the requirement that 4 the Governor appoint the Secretary of Transportation 5 from among three persons nominated by the Florida 6 Transportation Commission; providing additional 7 qualifications for the secretary; creating s. 334.179, 8 F.S.; prohibiting local governments from adopting 9 standards or specifications that are contrary to the 10 department standards or specifications for permissible 11 use of aggregates that have been certified for use; 12 defining the term “certified for use”; amending s. 13 337.025, F.S.; authorizing the department to establish 14 a program for transportation projects that demonstrate 15 certain innovative techniques for measuring resiliency 16 and structural integrity and controlling time and cost 17 increases; amending s. 337.14, F.S.; requiring that 18 any contractor, instead of any person, desiring to bid 19 for the performance of certain construction contracts 20 first be certified by the department as qualified; 21 conforming provisions to changes made by the act; 22 requiring a contractor desiring to bid on certain 23 contracts to have satisfactorily completed certain 24 projects; amending s. 337.185, F.S.; increasing the 25 maximum amounts per contract of certain contractual 26 claims that must be arbitrated by the State 27 Arbitration Board under certain circumstances; 28 providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Subsection (1) of section 20.23, Florida 33 Statutes, is amended to read: 34 20.23 Department of Transportation.—There is created a 35 Department of Transportation which shall be a decentralized 36 agency. 37 (1)(a) The head of the Department of Transportation is the 38 Secretary of Transportation. The secretary isshall beappointed 39 by the Governor,from among three persons nominated by the40Florida Transportation Commissionand shall besubject to 41 confirmation by the Senate. The secretary shall serve at the 42 pleasure of the Governor. 43 (b) The secretary mustshallbe a proven, effective 44 administrator who, by a combination of education and experience, 45 clearly possessesshall clearly possessa broad knowledge of the 46 administrative, financial, and technical aspects of the 47 development, operation, and regulation of transportation systems 48 and facilities or comparable systems and facilities. The 49 secretary must be a registered professional engineer in 50 accordance with chapter 471 or the laws of another state, or, in 51 lieu of professional engineer registration, must hold an 52 advanced degree in an appropriate related discipline, such as a 53 Master of Business Administration, and have 5 years of relevant 54 transportation experience or must have 10 years of relevant 55 transportation experience. 56 (c) The secretary shall provide to the Florida 57 Transportation Commission or its staff, such assistance, 58 information, and documents as are requested by the commission or 59 its staff to enable the commission to fulfill its duties and 60 responsibilities. 61 (d) The secretary may appoint up to three assistant 62 secretarieswho shall bedirectly responsible to the secretary 63andwho shall performsuchdutiesas areassigned by the 64 secretary. The secretary shall designate to an assistant 65 secretary the duties related to enhancing economic prosperity, 66 including, but not limited to, the responsibility of liaising 67liaisonwith the head of economic development in the Executive 68 Office of the Governor. ThisSuchassistant secretary isshall69bedirectly responsible for providing the Executive Office of 70 the Governor with investment opportunities and transportation 71 projects that expand the state’s role as a global hub for trade 72 and investment and enhance the supply chain system in the state 73 to process, assemble, and ship goods to markets throughout the 74 eastern United States, Canada, the Caribbean, and Latin America. 75 The secretary may delegate to any assistant secretary the 76 authority to act in the absence of the secretary. 77 (e) Any secretary appointed after July 5, 1989, and the 78 assistant secretaries areshall beexempt fromthe provisions of79 part III of chapter 110 and mustshallreceive compensation that 80 is commensurate with their qualifications and competitive with 81 compensation for comparable responsibility in the private 82 sector. 83 Section 2. Section 334.179, Florida Statutes, is created to 84 read: 85 334.179 Departmental standards or specifications for 86 permissible use of aggregates.—Notwithstanding any law, rule, or 87 ordinance to the contrary, a local government may not adopt 88 standards or specifications that are contrary to the 89 departmental standards or specifications for permissible use of 90 aggregates that have been certified for use. For purposes of 91 this section, the term “certified for use” means that the 92 aggregates have been certified by the producer in accordance 93 with departmental rule. 94 Section 3. Subsection (1) of section 337.025, Florida 95 Statutes, is amended to read: 96 337.025 Innovative transportationhighwayprojects; 97 department to establish program.— 98 (1) The department mayis authorized toestablish a program 99 for transportationhighwayprojects demonstrating innovative 100 techniques of highway and bridge design, construction, 101 maintenance, and finance which have the intended effect of 102 measuring resiliency and structural integrity and controlling 103 time and cost increases on construction projects. Such 104 techniques may include, but are not limited to, state-of-the-art 105 technology for pavement, safety, and other aspects of highway 106 and bridge design, construction, and maintenance; innovative 107 bidding and financing techniques; accelerated construction 108 procedures; and those techniques that have the potential to 109 reduce project life cycle costs. To the maximum extent 110 practical, the department must use the existing process to award 111 and administer construction and maintenance contracts. When 112 specific innovative techniques are to be used, the department is 113 not required to adhere to those provisions of law that would 114 prevent, preclude, or in any way prohibit the department from 115 using the innovative technique. However, beforeprior tousing 116 an innovative technique that is inconsistent with another 117 provision of law, the department must document in writing the 118 need for the exception and identify what benefits the traveling 119 public and the affected community are anticipated to receive. 120 The department may enter into no more than $120 million in 121 contracts annually for the purposes authorized by this section. 122 Section 4. Subsection (1) of section 337.14, Florida 123 Statutes, is amended to read: 124 337.14 Application for qualification; certificate of 125 qualification; restrictions; request for hearing.— 126 (1) Any contractorpersondesiring to bid for the 127 performance of any construction contract in excess of $250,000 128 which the department proposes to let must first be certified by 129 the department as qualified pursuant to this section and rules 130 of the department. The rules of the department mustshall131 address the qualification of contractorspersonsto bid on 132 construction contracts in excess of $250,000 and mustshall133 include requirements with respect to the equipment, past record, 134 experience, financial resources, and organizational personnel of 135 the applying contractor which areapplicantnecessary to perform 136 the specific class of work for which the contractorpersonseeks 137 certification. Any contractor desiring to bid on contracts in 138 excess of $50 million must have satisfactorily completed two 139 projects, each in excess of $25 million, for the department or 140 for any other state department of transportation. The department 141 may limit the dollar amount of any contract upon which a 142 contractorpersonis qualified to bid or the aggregate total 143 dollar volume of contracts such contractorpersonis allowed to 144 have under contract at any one time. Each applying contractor 145applicantseeking qualification to bid on construction contracts 146 in excess of $250,000 shall furnish the department a statement 147 under oath, on such forms as the department may prescribe, 148 setting forth detailed information as required on the 149 application. Each application for certification mustshallbe 150 accompanied by the latest annual financial statement of the 151 applying contractorapplicantcompleted within the last 12 152 months. If the application or the annual financial statement 153 shows the financial condition of the applying contractor 154applicantmore than 4 months prior to the date on which the 155 application is received by the department,thenan interim 156 financial statement and an updated application must be submitted 157and be accompanied by an updated application. The interim 158 financial statement must cover the period from the end date of 159 the annual statement and must show the financial condition of 160 the applying contractorapplicantno more than 4 months prior to 161 the date that the interim financial statement is received by the 162 department. However, upon the request ofbythe applying 163 contractorapplicant, an application and accompanying annual or 164 interim financial statement received by the department within 15 165 days after either 4-month period under this subsection shall be 166 considered timely. Each required annual or interim financial 167 statement must be audited and accompanied by the opinion of a 168 certified public accountant. An applying contractorapplicant169 desiring to bid exclusively for the performance of construction 170 contracts with proposed budget estimates of less than $1 million 171 may submit reviewed annual or reviewed interim financial 172 statements prepared by a certified public accountant. The 173 information required by this subsection is confidential and 174 exempt fromthe provisions ofs. 119.07(1). The department shall 175 act upon the application for qualification within 30 days after 176 the department determines that the application is complete. The 177 department may waive the requirements of this subsection for 178 projects having a contract price of $500,000 or less if the 179 department determines that the project is of a noncritical 180 nature and the waiver will not endanger public health, safety, 181 or property. 182 Section 5. Subsection (1) of section 337.185, Florida 183 Statutes, is amended to read: 184 337.185 State Arbitration Board.— 185 (1) To facilitate the prompt settlement of claims for 186 additional compensation arising out of construction and 187 maintenance contracts between the department and the various 188 contractors with whom it transacts business, the Legislature 189 does hereby establish the State Arbitration Board, referred to 190 in this section as the “board.” For the purpose of this section, 191 the term “claim” means the aggregate of all outstanding claims 192 by a party arising out of a construction or maintenance 193 contract. Every contractual claim in an amount up to $250,000 194 per contract or, at the claimant’s option, up to $1 million 195$500,000per contract or, upon agreement of the parties, up to 196 $2 million$1 millionper contract whichthatcannot be resolved 197 by negotiation between the department and the contractor must 198shallbe arbitrated by the board after acceptance of the project 199 by the department. As an exception, either party to the dispute 200 may request that the claim be submitted to binding private 201 arbitration. A court of law may not consider the settlement of 202 such a claim until the process established by this section has 203 been exhausted. 204 Section 6. This act shall take effect July 1, 2019.