Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 266
       
       
       
       
       
       
                                Ì7453540Î745354                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2024           .                                
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       The Appropriations Committee on Transportation, Tourism, and
       Economic Development (Hooper) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) is added to section 206.46,
    6  Florida Statutes, to read:
    7         206.46 State Transportation Trust Fund.—
    8         (6) The department may not annually commit more than 20
    9  percent of the revenues derived from state fuel taxes and motor
   10  vehicle license-related fees deposited into the State
   11  Transportation Trust Fund to public transit projects, in
   12  accordance with chapter 341. However, this subsection does not
   13  apply to either of the following:
   14         (a) A public transit project that uses revenues derived
   15  from state fuel taxes and motor vehicle license-related fees to
   16  match funds made available by the Federal Government.
   17         (b)A public transit project included in the transportation
   18  improvement program adopted pursuant to s. 339.175(8) and
   19  approved by a supermajority vote of the board of county
   20  commissioners where the project is located.
   21         Section 2. Subsections (6) and (7) of section 288.9606,
   22  Florida Statutes, are amended to read:
   23         288.9606 Issue of revenue bonds.—
   24         (6) The proceeds of any bonds of the corporation may not be
   25  used, in any manner, to acquire any building or facility that
   26  will be, during the pendency of the financing, used by, occupied
   27  by, leased to, or paid for by any state, county, or municipal
   28  agency or entity. This subsection does not prohibit the use of
   29  proceeds of bonds of the corporation for the purpose of
   30  financing the acquisition or construction of a transportation
   31  facility under a comprehensive public-private partnership
   32  agreement authorized by s. 334.30.
   33         (7) Notwithstanding any provision of this section, the
   34  corporation in its corporate capacity may, without authorization
   35  from a public agency under s. 163.01(7), issue revenue bonds or
   36  other evidence of indebtedness under this section to:
   37         (a) Finance the undertaking of any project within the state
   38  that promotes renewable energy as defined in s. 366.91 or s.
   39  377.803;
   40         (b) Finance the undertaking of any project within the state
   41  that is a project contemplated or allowed under s. 406 of the
   42  American Recovery and Reinvestment Act of 2009; or
   43         (c) If permitted by federal law, finance qualifying
   44  improvement projects within the state under s. 163.08; or.
   45         (d) Finance the costs of acquisition or construction of a
   46  transportation facility by a private entity or consortium of
   47  private entities under a comprehensive public-private
   48  partnership agreement authorized by s. 334.30.
   49         Section 3. Present subsections (8) through (13) of section
   50  334.30, Florida Statutes, are redesignated as subsections (9)
   51  through (14), respectively, a new subsection (8) is added to
   52  that section, and subsections (1), (2), and (6) and present
   53  subsections (8), (10), (11), and (13) of that section are
   54  amended, to read:
   55         334.30 Public-private transportation facilities.—The
   56  Legislature finds and declares that there is a public need for
   57  the rapid construction of safe and efficient transportation
   58  facilities for the purpose of traveling within the state, and
   59  that it is in the public’s interest to provide for the
   60  construction of additional safe, convenient, and economical
   61  transportation facilities.
   62         (1) The department may receive or solicit proposals and,
   63  with legislative approval as evidenced by approval of the
   64  project in the department’s work program, enter into
   65  comprehensive agreements with private entities, or consortia
   66  thereof, for the building, operation, ownership, or financing of
   67  transportation facilities. The department may advance projects
   68  programmed in the adopted 5-year work program or projects
   69  increasing transportation capacity and greater than $500 million
   70  in the 10-year Strategic Intermodal Plan using funds provided by
   71  public-private partnerships or private entities to be reimbursed
   72  from department funds for the project as programmed in the
   73  adopted work program. The department shall by rule establish an
   74  application fee for the submission of unsolicited proposals
   75  under this section. The fee must be sufficient to pay the costs
   76  of evaluating the proposals. The department may engage the
   77  services of private consultants to assist in the evaluation.
   78  Before approval, the department must determine that the proposed
   79  project:
   80         (a) Is in the public’s best interest;
   81         (b) Would not require state funds to be used unless the
   82  project is on the State Highway System;
   83         (c) Would have adequate safeguards in place to ensure that
   84  no additional costs or service disruptions would be realized by
   85  the traveling public and residents of the state in the event of
   86  default or cancellation of the comprehensive agreement by the
   87  department;
   88         (d) Would have adequate safeguards in place to ensure that
   89  the department or the private entity has the opportunity to add
   90  capacity to the proposed project and other transportation
   91  facilities serving similar origins and destinations; and
   92         (e) Would be owned by the department upon completion or
   93  termination of the comprehensive agreement.
   94  
   95  The department shall ensure that all reasonable costs to the
   96  state, related to transportation facilities that are not part of
   97  the State Highway System, are borne by the private entity. The
   98  department shall also ensure that all reasonable costs to the
   99  state and substantially affected local governments and
  100  utilities, related to the private transportation facility, are
  101  borne by the private entity for transportation facilities that
  102  are owned by private entities. For projects on the State Highway
  103  System, the department may use state resources to participate in
  104  funding and financing the project as provided for under the
  105  department’s enabling legislation. Because the Legislature
  106  recognizes that private entities or consortia thereof would
  107  perform a governmental or public purpose or function when they
  108  enter into comprehensive agreements with the department to
  109  design, build, operate, own, or finance transportation
  110  facilities, the transportation facilities, including leasehold
  111  interests thereof, are exempt from ad valorem taxes as provided
  112  in chapter 196 to the extent property is owned by the state or
  113  other government entity, and from intangible taxes as provided
  114  in chapter 199 and special assessments of the state, any city,
  115  town, county, special district, political subdivision of the
  116  state, or any other governmental entity. The private entities or
  117  consortia thereof are exempt from tax imposed by chapter 201 on
  118  all documents or obligations to pay money which arise out of the
  119  comprehensive agreements to design, build, operate, own, lease,
  120  or finance transportation facilities. Any private entities or
  121  consortia thereof must pay any applicable corporate taxes as
  122  provided in chapter 220, and reemployment assistance taxes as
  123  provided in chapter 443, and sales and use tax as provided in
  124  chapter 212 shall be applicable. The private entities or
  125  consortia thereof must also register and collect the tax imposed
  126  by chapter 212 on all their direct sales and leases that are
  127  subject to tax under chapter 212. The comprehensive agreement
  128  between the private entity or consortia thereof and the
  129  department establishing a transportation facility under this
  130  chapter constitutes documentation sufficient to claim any
  131  exemption under this section.
  132         (2) Comprehensive agreements entered into pursuant to this
  133  section may authorize the private entity to impose tolls or
  134  fares for the use of the facility. The following provisions
  135  shall apply to such agreements:
  136         (a) With the exception of the Florida Turnpike System, the
  137  department may lease existing toll facilities through public
  138  private partnerships. The comprehensive public-private
  139  partnership agreement must ensure that the transportation
  140  facility is properly operated, maintained, and renewed in
  141  accordance with department standards.
  142         (b) The department may develop new toll facilities or
  143  increase capacity on existing toll facilities through public
  144  private partnerships. The comprehensive public-private
  145  partnership agreement must ensure that the toll facility is
  146  properly operated, maintained, and renewed in accordance with
  147  department standards.
  148         (c) Any toll revenues shall be regulated by the department
  149  pursuant to s. 338.165(3). The regulations governing the future
  150  increase of toll or fare revenues shall be included in the
  151  comprehensive public-private partnership agreement.
  152         (d) The department shall provide the analysis required in
  153  subparagraph (6)(e)2. to the Legislative Budget Commission
  154  created pursuant to s. 11.90 for review and approval prior to
  155  awarding a contract on a lease of an existing toll facility.
  156         (e) The department shall include provisions in the
  157  comprehensive public-private partnership agreement which that
  158  ensure a negotiated portion of revenues from tolled or fare
  159  generating projects are returned to the department over the life
  160  of the comprehensive public-private partnership agreement. In
  161  the case of a lease of an existing toll facility, the department
  162  shall receive a portion of funds upon closing on the
  163  comprehensive agreement agreements and shall also include
  164  provisions in the comprehensive agreement to receive payment of
  165  a portion of excess revenues over the life of the public-private
  166  partnership.
  167         (f) The private entity shall provide an independent
  168  investment grade traffic and revenue study prepared by a an
  169  internationally recognized traffic and revenue expert as part of
  170  the private entity proposal. The study must be that is accepted
  171  by the national bond rating agencies before closing on the
  172  financing that supports the comprehensive agreement for the
  173  public-private partnership project. The private entity shall
  174  also provide a finance plan that identifies the project cost,
  175  revenues by source, financing, major assumptions, internal rate
  176  of return on private investments, and whether any government
  177  funds are assumed to deliver a cost-feasible project, and a
  178  total cash flow analysis beginning with implementation of the
  179  project and extending for the term of the comprehensive
  180  agreement.
  181         (6) The procurement of public-private partnerships by the
  182  department shall follow the provisions of this section. Sections
  183  337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
  184  337.185, 337.19, 337.221, and 337.251 may shall not apply to
  185  procurements under this section unless a provision is included
  186  in the procurement documents. The department shall ensure that
  187  generally accepted business practices for exemptions provided by
  188  this subsection are part of the procurement process or are
  189  included in the comprehensive public-private partnership
  190  agreement.
  191         (a) The department may request proposals from private
  192  entities for public-private transportation projects or, if the
  193  department receives an unsolicited proposal, the department
  194  shall publish a notice in the Florida Administrative Register
  195  and a newspaper of general circulation at least once a week for
  196  2 weeks stating that the department has received the proposal
  197  and will accept, for between 30 and 120 days after the initial
  198  date of publication as determined by the department based on the
  199  complexity of the project, other proposals for the same project
  200  purpose. A copy of the notice must be mailed to each local
  201  government in the affected area.
  202         (b) Public-private partnerships shall be qualified by the
  203  department as part of the procurement process as outlined in the
  204  procurement documents, provided such process ensures that the
  205  private firm meets at least the minimum department standards for
  206  qualification in department rule for professional engineering
  207  services and road and bridge contracting prior to submitting a
  208  proposal under the procurement.
  209         (c) The department shall ensure that procurement documents
  210  include provisions for performance of the private entity and
  211  payment of subcontractors, including, but not limited to, surety
  212  bonds, letters of credit, parent company guarantees, and lender
  213  and equity partner guarantees. The department shall balance the
  214  structure of the security package for the public-private
  215  partnership that ensures performance and payment of
  216  subcontractors with the cost of the security to ensure the most
  217  efficient pricing.
  218         (d) After the public notification period has expired, the
  219  department shall rank the proposals in order of preference. In
  220  ranking the proposals, the department may consider factors that
  221  include, but are not limited to, professional qualifications,
  222  general business terms, innovative engineering or cost-reduction
  223  terms, finance plans, and the need for state funds to deliver
  224  the project. If the department is not satisfied with the results
  225  of the negotiations, the department may, at its sole discretion,
  226  terminate negotiations with the proposer. If these negotiations
  227  are unsuccessful, the department may go to the second-ranked and
  228  lower-ranked firms, in order, using this same procedure. If only
  229  one proposal is received, the department may negotiate in good
  230  faith and, if the department is not satisfied with the results
  231  of the negotiations, the department may, at its sole discretion,
  232  terminate negotiations with the proposer. Notwithstanding this
  233  subsection, the department may, at its discretion, reject all
  234  proposals at any point in the process up to completion of a
  235  contract with the proposer.
  236         (e) The department shall provide an independent analysis of
  237  the proposed public-private partnership that demonstrates the
  238  cost-effectiveness and overall public benefit at the following
  239  times:
  240         1. Prior to moving forward with the procurement; and
  241         2. If the procurement moves forward, prior to awarding the
  242  contract.
  243         (8) Before or in connection with the negotiation of a
  244  comprehensive agreement, the department may enter into an
  245  interim agreement with the private entity proposing the
  246  development or operation of a qualifying project. An interim
  247  agreement does not obligate the department to enter into a
  248  comprehensive agreement. The interim agreement is discretionary
  249  with the parties and is not required on a project for which the
  250  parties may proceed directly to a comprehensive agreement
  251  without the need for an interim agreement. An interim agreement
  252  must be limited to any of the following provisions that:
  253         (a)Authorize the private entity to commence activities for
  254  which it may be compensated related to the proposed qualifying
  255  project, including, but not limited to, project planning and
  256  development, designing, environmental analysis and mitigation,
  257  surveying, other activities concerning any part of the proposed
  258  qualifying project, and ascertaining the availability of
  259  financing for the proposed facility or facilities.
  260         (b)Establish the process and timing for the negotiation of
  261  the comprehensive agreement.
  262         (c)Contain such other provisions related to an aspect of
  263  the development or operation of a qualifying project which the
  264  department and the private entity deem appropriate.
  265         (9)(8) The department may enter into comprehensive public
  266  private partnership agreements that include extended terms
  267  providing annual payments for performance based on the
  268  availability of service or the facility being open to traffic or
  269  based on the level of traffic using the facility. In addition to
  270  other provisions in this section, the following provisions shall
  271  apply:
  272         (a) The annual payments under any such comprehensive
  273  agreement must shall be included in the department’s tentative
  274  work program developed under s. 339.135 and the long-range
  275  transportation plan for the applicable metropolitan planning
  276  organization developed under s. 339.175. The department shall
  277  ensure that annual payments on multiyear comprehensive public
  278  private partnership agreements are prioritized ahead of new
  279  capacity projects in the development and updating of the
  280  tentative work program.
  281         (b) The annual payments are subject to annual appropriation
  282  by the Legislature as provided in the General Appropriations Act
  283  in support of the first year of the tentative work program.
  284         (11)(10)Before Prior to entering into any comprehensive
  285  such agreement in which where funds are committed from the State
  286  Transportation Trust Fund, the project must be prioritized as
  287  follows:
  288         (a) The department, in coordination with the local
  289  metropolitan planning organization, shall prioritize projects
  290  included in the Strategic Intermodal System 10-year and long
  291  range cost-feasible plans.
  292         (b) The department, in coordination with the local
  293  metropolitan planning organization or local government where
  294  there is no metropolitan planning organization, shall prioritize
  295  projects, for facilities not on the Strategic Intermodal System,
  296  included in the metropolitan planning organization cost-feasible
  297  transportation improvement plan and long-range transportation
  298  plan.
  299         (12)(11)Comprehensive Public-private partnership
  300  agreements under this section are shall be limited to a term not
  301  exceeding 50 years. Upon making written findings that a
  302  comprehensive an agreement under this section requires a term in
  303  excess of 50 years, the secretary of the department may
  304  authorize a term of up to 75 years for projects that are
  305  partially or completely funded from project user fees.
  306  Comprehensive agreements under this section may shall not have a
  307  term in excess of 75 years unless specifically approved by the
  308  Legislature. The department shall identify each new project
  309  under this section with a term exceeding 75 years in the
  310  transmittal letter that accompanies the submittal of the
  311  tentative work program to the Governor and the Legislature in
  312  accordance with s. 339.135.
  313         (14)(13) In connection with a proposal to finance or
  314  refinance a transportation facility pursuant to this section,
  315  the department shall consult with the Division of Bond Finance
  316  of the State Board of Administration. The department shall
  317  notify the division before entering into an interim agreement or
  318  comprehensive agreement and provide the division with the
  319  information necessary to provide timely consultation and
  320  recommendations. The Division of Bond Finance may make an
  321  independent recommendation to the Executive Office of the
  322  Governor.
  323         Section 4. Subsection (5) of section 336.044, Florida
  324  Statutes, is amended to read:
  325         336.044 Use of recyclable materials in construction.—
  326         (5) Notwithstanding any law, rule, or ordinance to the
  327  contrary, a local governmental entity may not adopt standards or
  328  specifications that are contrary to the department standards or
  329  specifications for permissible use of reclaimed asphalt pavement
  330  material or deem reclaimed asphalt pavement material as in
  331  construction. For purposes of this section, such material may
  332  not be considered solid waste.
  333         Section 5. Paragraph (e) of subsection (7) and subsection
  334  (13) of section 337.11, Florida Statutes, are amended to read:
  335         337.11 Contracting authority of department; bids; emergency
  336  repairs, supplemental agreements, and change orders; combined
  337  design and construction contracts; progress payments; records;
  338  requirements of vehicle registration.—
  339         (7)
  340         (e) For design-build contracts and phased design-build
  341  contracts, the department must receive at least three letters of
  342  interest in order to proceed with a request for proposals. The
  343  department shall request proposals from no fewer than three of
  344  the design-build firms submitting letters of interest. If a
  345  design-build firm withdraws from consideration after the
  346  department requests proposals, the department may continue if at
  347  least two proposals are received.
  348         (13) Any motor vehicle used in Each contract let by the
  349  department for the performance of road or bridge construction or
  350  maintenance work on a department project must shall require all
  351  motor vehicles that the contractor operates or causes to be
  352  operated in this state to be registered in compliance with
  353  chapter 320.
  354         Section 6. Paragraphs (a) and (d) of subsection (1) of
  355  section 337.18, Florida Statutes, are amended to read:
  356         337.18 Surety bonds for construction or maintenance
  357  contracts; requirement with respect to contract award; bond
  358  requirements; defaults; damage assessments.—
  359         (1)(a) A surety bond shall be required of the successful
  360  bidder in an amount equal to the awarded contract price.
  361  However, the department may choose, in its discretion and
  362  applicable only to multiyear maintenance contracts, to allow for
  363  incremental annual contract bonds that cumulatively total the
  364  full, awarded, multiyear contract price. The department may also
  365  choose, in its discretion and applicable only to phased design
  366  build construction contracts under s. 337.11(7)(b), to allow the
  367  issuance of multiple contract performance and payment bonds in
  368  succession to align with each phase of the contract to meet the
  369  bonding requirement in this subsection.
  370         1. The department may waive the requirement for all or a
  371  portion of a surety bond if:
  372         a. The contract price is $250,000 or less and the
  373  department determines that the project is of a noncritical
  374  nature and that nonperformance will not endanger public health,
  375  safety, or property;
  376         b. The prime contractor is a qualified nonprofit agency for
  377  the blind or for the other severely handicapped under s.
  378  413.036(2); or
  379         c. The prime contractor is using a subcontractor that is a
  380  qualified nonprofit agency for the blind or for the other
  381  severely handicapped under s. 413.036(2). However, the
  382  department may not waive more than the amount of the
  383  subcontract.
  384         2. If the Secretary of Transportation or the secretary’s
  385  designee determines that it is in the best interests of the
  386  department to reduce the bonding requirement for a project and
  387  that to do so will not endanger public health, safety, or
  388  property, the department may waive the requirement of a surety
  389  bond in an amount equal to the awarded contract price for a
  390  project having a contract price of $250 million or more and, in
  391  its place, may set a surety bond amount that is a portion of the
  392  total contract price and provide an alternate means of security
  393  for the balance of the contract amount that is not covered by
  394  the surety bond or provide for incremental surety bonding and
  395  provide an alternate means of security for the balance of the
  396  contract amount that is not covered by the surety bond. Such
  397  alternative means of security may include letters of credit,
  398  United States bonds and notes, parent company guarantees, and
  399  cash collateral. The department may require alternate means of
  400  security if a surety bond is waived. The surety on such bond
  401  shall be a surety company authorized to do business in the
  402  state. All bonds shall be payable to the department and
  403  conditioned for the prompt, faithful, and efficient performance
  404  of the contract according to plans and specifications and within
  405  the time period specified, and for the prompt payment of all
  406  persons defined in s. 713.01 furnishing labor, material,
  407  equipment, and supplies for work provided in the contract;
  408  however, whenever an improvement, demolition, or removal
  409  contract price is $25,000 or less, the security may, in the
  410  discretion of the bidder, be in the form of a cashier’s check,
  411  bank money order of any state or national bank, certified check,
  412  or postal money order. The department shall adopt rules to
  413  implement this subsection. Such rules shall include provisions
  414  under which the department shall refuse to accept bonds on
  415  contracts when a surety wrongfully fails or refuses to settle or
  416  provide a defense for claims or actions arising under a contract
  417  for which the surety previously furnished a bond.
  418         (d) An action, except for an action for recovery of
  419  retainage, must be instituted by a claimant, whether in privity
  420  with the contractor or not, against the contractor or the surety
  421  on the payment bond or the payment provisions of a combined
  422  payment and performance bond within 365 days after the
  423  performance of the labor or completion of delivery of the
  424  materials or supplies. An action for recovery of retainage must
  425  be instituted against the contractor or the surety within 365
  426  days after final acceptance of the contract work by the
  427  department. A claimant may not waive in advance his or her right
  428  to bring an action under the bond against the surety. In any
  429  action brought to enforce a claim against a payment bond under
  430  this section, the prevailing party is entitled to recover a
  431  reasonable fee for the services of his or her attorney for trial
  432  and appeal or for arbitration, in an amount to be determined by
  433  the court, which fee must be taxed as part of the prevailing
  434  party’s costs, as allowed in equitable actions.
  435         Section 7. Section 337.195, Florida Statutes, is amended to
  436  read:
  437         337.195 Limits on liability.—
  438         (1) In a civil action for the death of or injury to a
  439  person, or for damage to property, against the Department of
  440  Transportation or its agents, consultants, or contractors for
  441  work performed on a highway, road, street, bridge, or other
  442  transportation facility when the death, injury, or damage
  443  resulted from a motor vehicle crash within a construction zone
  444  in which the driver of one of the vehicles was under the
  445  influence of alcoholic beverages as set forth in s. 316.193,
  446  under the influence of any chemical substance as set forth in s.
  447  877.111, or illegally under the influence of any substance
  448  controlled under chapter 893, excluding low-THC cannabis, to the
  449  extent that her or his normal faculties were impaired or that
  450  she or he operated a vehicle recklessly as defined in s.
  451  316.192, it is presumed that the driver’s operation of the
  452  vehicle was the sole proximate cause of her or his own death,
  453  injury, or damage. This presumption can be overcome if the gross
  454  negligence or intentional misconduct of the Department of
  455  Transportation, or of its agents, consultants, or contractors,
  456  was a proximate cause of the driver’s death, injury, or damage.
  457         (2)(a) For purposes of this section, the term:
  458         1. “Contract documents” has the same meaning as in the
  459  department’s Standard Specifications for Road and Bridge
  460  Construction applicable under the contract between the
  461  department and the contractor.
  462         2. “Contractor” means a person or an entity, at any
  463  contractual tier, including any member of a design-build team
  464  pursuant to s. 337.11, who constructs, maintains, or repairs a
  465  highway, road, street, bridge, or other transportation facility
  466  for the department in connection with a department project.
  467         3. “Design engineer” means a person or an entity, including
  468  the design consultant of a design-build team, who contracts at
  469  any tier to prepare or provide engineering plans, including
  470  traffic control plans, for the construction or repair of a
  471  highway, road, street, bridge, or other department
  472  transportation facility for the department or in connection with
  473  a department project.
  474         4. “Traffic control plans” means the maintenance of traffic
  475  plans designed by a professional engineer, or otherwise in
  476  accordance with the department’s standard plans, and approved by
  477  the department.
  478         (b) A contractor is not liable for personal injury,
  479  property damage, or death arising from any of the following:
  480         1. The performance of the construction, maintenance, or
  481  repair of the transportation facility, if, at the time the
  482  personal injury, property damage, or death occurred, the
  483  contractor was in compliance with the contract documents
  484  material to the personal injury, property damage, or death.
  485         2. Acts or omissions of a third party that furnishes or
  486  contracts at any contractual level to furnish services or
  487  materials to the transportation facility, including any
  488  subcontractor; sub-subcontractor; laborer; materialman; owner,
  489  lessor, or driver of a motor vehicle, trailer, semitrailer,
  490  truck, heavy truck, truck tractor, or commercial motor vehicle,
  491  as those terms are defined in s. 320.01; or any person who
  492  performs services as an architect, a landscape architect, an
  493  interior designer, an engineer, or a surveyor and mapper.
  494         3. Acts or omissions of a third party who trespasses within
  495  the limits of the transportation facility or otherwise is not
  496  authorized to enter the area of the transportation facility in
  497  which the personal injury, property damage, or death occurred.
  498         4. Acts or omissions of a third party who damages,
  499  modifies, moves, or removes any traffic control device, warning
  500  device, barrier, or other facility or device used for the
  501  public’s safety and convenience who constructs, maintains, or
  502  repairs a highway, road, street, bridge, or other transportation
  503  facility for the Department of Transportation is not liable to a
  504  claimant for personal injury, property damage, or death arising
  505  from the performance of the construction, maintenance, or repair
  506  if, at the time of the personal injury, property damage, or
  507  death, the contractor was in compliance with contract documents
  508  material to the condition that was the proximate cause of the
  509  personal injury, property damage, or death.
  510         (c)(a) The limitations limitation on liability contained in
  511  this subsection do does not apply when the proximate cause of
  512  the personal injury, property damage, or death is a latent
  513  condition, defect, error, or omission that was created by the
  514  contractor and not a defect, error, or omission in the contract
  515  documents; or when the proximate cause of the personal injury,
  516  property damage, or death was the contractor’s failure to
  517  perform, update, or comply with the maintenance of the traffic
  518  control plans safety plan as required by the contract documents.
  519         (d)(b)Nothing in This subsection may not shall be
  520  interpreted or construed as relieving the contractor of any
  521  obligation to provide the department of Transportation with
  522  written notice of any apparent error or omission in the contract
  523  documents, or as relieving the contractor of his or her contract
  524  responsibility to manage the work of others performing under the
  525  contract.
  526         (e)(c)Nothing in This subsection may not shall be
  527  interpreted or construed to alter or affect any claim of the
  528  department of Transportation against such contractor.
  529         (f)(d) This subsection does not affect any claim of any
  530  entity against such contractor, which claim is associated with
  531  such entity’s facilities on or in department of Transportation
  532  roads or other transportation facilities.
  533         (g)This subsection may not be interpreted or construed to
  534  alter or amend any of the provisions of chapter 440, which shall
  535  take precedence in the event of any conflict with this
  536  subsection.
  537         (h)This subsection does not preclude liability where the
  538  contractor’s negligence is the proximate cause of the personal
  539  injury, property damage, or death.
  540         (3) In all cases involving personal injury, property
  541  damage, or death, a design engineer is person or entity who
  542  contracts to prepare or provide engineering plans for the
  543  construction or repair of a highway, road, street, bridge, or
  544  other transportation facility for the Department of
  545  Transportation shall be presumed to have prepared such
  546  engineering plans using the degree of care and skill ordinarily
  547  exercised by other engineers in the field under similar
  548  conditions and in similar localities and with due regard for
  549  acceptable engineering standards and principles if the
  550  engineering plans conformed to the department’s Department of
  551  Transportation’s design standards material to the condition or
  552  defect that was the proximate cause of the personal injury,
  553  property damage, or death. This presumption can be overcome only
  554  upon a showing of the design engineer’s person’s or entity’s
  555  gross negligence in the preparation of the engineering plans and
  556  may shall not be interpreted or construed to alter or affect any
  557  claim of the department of Transportation against such design
  558  engineer person or entity. The limitation on liability contained
  559  in this subsection does shall not apply to any hidden or
  560  undiscoverable condition created by the design engineer. This
  561  subsection does not affect any claim of any entity against such
  562  design engineer or engineering firm, which claim is associated
  563  with such entity’s facilities on or in department of
  564  Transportation roads or other transportation facilities.
  565         (4) In any civil action for death, injury, or damages
  566  against the Department of Transportation or its agents,
  567  consultants, engineers, or contractors for work performed on a
  568  highway, road, street, bridge, or other transportation facility,
  569  if the department, its agents, consultants, engineers, or
  570  contractors are immune from liability pursuant to this section
  571  or are not parties to the litigation, they may not be named on
  572  the jury verdict form or be found to be at fault or responsible
  573  for the injury, death, or damage that gave rise to the damages.
  574         Section 8. Section 339.2820, Florida Statutes, is created
  575  to read:
  576         339.2820 Local agency program.—
  577         (1) There is created within the department a local agency
  578  program for the purpose of providing assistance to subrecipient
  579  agencies, which include counties, municipalities,
  580  intergovernmental agencies, and other eligible governmental
  581  entities, to develop, design, and construct transportation
  582  facilities using federal funds allocated to the department from
  583  federal agencies which are suballocated to local agencies. The
  584  department shall update the project cost estimate in the year
  585  the project is granted to the local agency and include a
  586  contingency amount as part of the project cost estimate.
  587         (2) The department is authorized to oversee projects funded
  588  by the Federal Highway Administration.
  589         (3) Local agencies shall prioritize budgeting local
  590  projects through their respective M.P.O.’s or governing boards
  591  so that those organizations or boards may receive reimbursement
  592  for the services they provide to the public which are in
  593  compliance with applicable federal laws, rules, and regulations.
  594         (4) Federal-aid highway funds are available only to local
  595  agencies that are certified by the department based on the
  596  agencies’ qualifications, experience, and ability to comply with
  597  federal requirements, and their ability to undertake and
  598  satisfactorily complete the work.
  599         (5) Local agencies shall include in their contracts to
  600  develop, design, or construct transportation facilities the
  601  department’s Division I General Requirements and Covenants for
  602  local agencies as well as a contingency amount to cover costs
  603  incurred due to unforeseen conditions.
  604         Section 9. Subsection (3) of section 339.2825, Florida
  605  Statutes, is amended to read:
  606         339.2825 Approval of contractor-financed projects.—
  607         (3) This section does not apply to a comprehensive public
  608  private partnership agreement authorized in s. 334.30(2)(a).
  609         Section 10. This act shall take effect July 1, 2024.
  610  
  611  ================= T I T L E  A M E N D M E N T ================
  612  And the title is amended as follows:
  613         Delete everything before the enacting clause
  614  and insert:
  615                        A bill to be entitled                      
  616         An act relating to transportation; amending s. 206.46,
  617         F.S.; prohibiting the Department of Transportation
  618         from annually committing more than a certain
  619         percentage of revenues derived from state fuel taxes
  620         and motor vehicle license-related fees to public
  621         transit projects; providing exceptions; amending s.
  622         288.9606, F.S.; conforming provisions to changes made
  623         by the act; making technical changes; amending s.
  624         334.30, F.S.; authorizing the department to enter into
  625         comprehensive agreements with private entities or the
  626         consortia thereof for the building, operation,
  627         ownership, or financing of transportation facilities;
  628         conforming provisions to changes made by the act;
  629         replacing the term “public-private partnership
  630         agreement” with the term “comprehensive agreement”;
  631         requiring a private entity to provide an independent
  632         traffic and revenue study prepared by a certain
  633         expert; providing a requirement for such study;
  634         revising the timeframe within which the department
  635         must publish a certain notice of receipt of an
  636         unsolicited proposal for a public-private
  637         transportation project; authorizing the department to
  638         enter into an interim agreement with a private entity
  639         regarding a qualifying project; providing that an
  640         interim agreement does not obligate the department to
  641         enter into a comprehensive agreement and is not
  642         required under certain circumstances; providing
  643         requirements for an interim agreement; conforming
  644         provisions to changes made by the act; authorizing the
  645         secretary of the department to authorize comprehensive
  646         agreements for a term of up to 75 years for certain
  647         projects; making technical changes; requiring the
  648         department to notify the Division of Bond Finance of
  649         the State Board of Administration before entering into
  650         an interim agreement or comprehensive agreement;
  651         amending s. 336.044, F.S.; prohibiting a local
  652         governmental entity from adopting certain standards or
  653         specifications concerning asphalt pavement material;
  654         amending s. 337.11, F.S.; requiring the department to
  655         receive three letters of interest before proceeding
  656         with requests for proposals for certain contracts;
  657         making technical changes; amending s. 337.18, F.S.;
  658         authorizing the department to allow the issuance of
  659         multiple contract performance and payment bonds in
  660         succession to meet certain requirements; revising the
  661         timeframe for certain actions against the contractor
  662         or the surety; specifying a timeframe for when an
  663         action for recovery of retainage must be instituted;
  664         amending s. 337.195, F.S.; revising a presumption
  665         regarding the proximate cause of death, injury, or
  666         damage in a civil suit against the department;
  667         defining terms; providing for immunity for contractors
  668         under certain circumstances; conforming provisions
  669         related to certain limitations on liability relating
  670         to traffic control plans; making technical changes;
  671         providing construction; providing that certain
  672         provisions do not preclude liability when the
  673         contractor’s negligence is the proximate cause of the
  674         personal injury, property damage, or death; revising a
  675         presumption regarding a design engineer’s degree of
  676         care and skill; deleting immunity for certain persons
  677         and entities; creating s. 339.2820, F.S.; creating
  678         within the department a local agency program for a
  679         specified purpose; requiring the department to update
  680         certain project cost estimates at a specified time and
  681         include a contingency amount as part of the project
  682         cost estimate; authorizing the department to oversee
  683         certain projects; requiring local agencies to
  684         prioritize budgeting certain local projects through
  685         their respective M.P.O.’s or governing boards for a
  686         specified purpose; specifying that certain funds are
  687         available only to local agencies that are certified by
  688         the department; requiring local agencies to include in
  689         certain contracts a specified document and a
  690         contingency amount for costs incurred due to
  691         unforeseen conditions; amending s. 339.2825, F.S.;
  692         conforming a provision to changes made by the act;
  693         providing an effective date.