Florida Senate - 2024                       CS for CS for SB 266
       
       
        
       By the Appropriations Committee on Transportation, Tourism, and
       Economic Development; the Committee on Transportation; and
       Senator Hooper
       
       
       
       606-03119-24                                           2024266c2
    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 of receipt of an
   22         unsolicited proposal for a public-private
   23         transportation project; authorizing the department to
   24         enter into an interim agreement with a private entity
   25         regarding a qualifying project; providing that an
   26         interim agreement does not obligate the department to
   27         enter into a comprehensive agreement and is not
   28         required under certain circumstances; providing
   29         requirements for an interim agreement; conforming
   30         provisions to changes made by the act; authorizing the
   31         secretary of the department to authorize comprehensive
   32         agreements for a term of up to 75 years for certain
   33         projects; making technical changes; requiring the
   34         department to notify the Division of Bond Finance of
   35         the State Board of Administration before entering into
   36         an interim agreement or comprehensive agreement;
   37         amending s. 336.044, F.S.; prohibiting a local
   38         governmental entity from adopting certain standards or
   39         specifications concerning asphalt pavement material;
   40         amending s. 337.11, F.S.; requiring the department to
   41         receive three letters of interest before proceeding
   42         with requests for proposals for certain contracts;
   43         making technical changes; amending s. 337.18, F.S.;
   44         authorizing the department to allow the issuance of
   45         multiple contract performance and payment bonds in
   46         succession to meet certain requirements; revising the
   47         timeframe for certain actions against the contractor
   48         or the surety; specifying a timeframe for when an
   49         action for recovery of retainage must be instituted;
   50         amending s. 337.195, F.S.; revising a presumption
   51         regarding the proximate cause of death, injury, or
   52         damage in a civil suit against the department;
   53         defining terms; providing for immunity for contractors
   54         under certain circumstances; conforming provisions
   55         related to certain limitations on liability relating
   56         to traffic control plans; making technical changes;
   57         providing construction; providing that certain
   58         provisions do not preclude liability when the
   59         contractor’s negligence is the proximate cause of the
   60         personal injury, property damage, or death; revising a
   61         presumption regarding a design engineer’s degree of
   62         care and skill; deleting immunity for certain persons
   63         and entities; creating s. 339.2820, F.S.; creating
   64         within the department a local agency program for a
   65         specified purpose; requiring the department to update
   66         certain project cost estimates at a specified time and
   67         include a contingency amount as part of the project
   68         cost estimate; authorizing the department to oversee
   69         certain projects; requiring local agencies to
   70         prioritize budgeting certain local projects through
   71         their respective M.P.O.’s or governing boards for a
   72         specified purpose; specifying that certain funds are
   73         available only to local agencies that are certified by
   74         the department; requiring local agencies to include in
   75         certain contracts a specified document and a
   76         contingency amount for costs incurred due to
   77         unforeseen conditions; amending s. 339.2825, F.S.;
   78         conforming a provision to changes made by the act;
   79         providing an effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Subsection (6) is added to section 206.46,
   84  Florida Statutes, to read:
   85         206.46 State Transportation Trust Fund.—
   86         (6) The department may not annually commit more than 20
   87  percent of the revenues derived from state fuel taxes and motor
   88  vehicle license-related fees deposited into the State
   89  Transportation Trust Fund to public transit projects, in
   90  accordance with chapter 341. However, this subsection does not
   91  apply to either of the following:
   92         (a) A public transit project that uses revenues derived
   93  from state fuel taxes and motor vehicle license-related fees to
   94  match funds made available by the Federal Government.
   95         (b)A public transit project included in the transportation
   96  improvement program adopted pursuant to s. 339.175(8) and
   97  approved by a supermajority vote of the board of county
   98  commissioners where the project is located.
   99         Section 2. Subsections (6) and (7) of section 288.9606,
  100  Florida Statutes, are amended to read:
  101         288.9606 Issue of revenue bonds.—
  102         (6) The proceeds of any bonds of the corporation may not be
  103  used, in any manner, to acquire any building or facility that
  104  will be, during the pendency of the financing, used by, occupied
  105  by, leased to, or paid for by any state, county, or municipal
  106  agency or entity. This subsection does not prohibit the use of
  107  proceeds of bonds of the corporation for the purpose of
  108  financing the acquisition or construction of a transportation
  109  facility under a comprehensive public-private partnership
  110  agreement authorized by s. 334.30.
  111         (7) Notwithstanding any provision of this section, the
  112  corporation in its corporate capacity may, without authorization
  113  from a public agency under s. 163.01(7), issue revenue bonds or
  114  other evidence of indebtedness under this section to:
  115         (a) Finance the undertaking of any project within the state
  116  that promotes renewable energy as defined in s. 366.91 or s.
  117  377.803;
  118         (b) Finance the undertaking of any project within the state
  119  that is a project contemplated or allowed under s. 406 of the
  120  American Recovery and Reinvestment Act of 2009; or
  121         (c) If permitted by federal law, finance qualifying
  122  improvement projects within the state under s. 163.08; or.
  123         (d) Finance the costs of acquisition or construction of a
  124  transportation facility by a private entity or consortium of
  125  private entities under a comprehensive public-private
  126  partnership agreement authorized by s. 334.30.
  127         Section 3. Present subsections (8) through (13) of section
  128  334.30, Florida Statutes, are redesignated as subsections (9)
  129  through (14), respectively, a new subsection (8) is added to
  130  that section, and subsections (1), (2), and (6) and present
  131  subsections (8), (10), (11), and (13) of that section are
  132  amended, to read:
  133         334.30 Public-private transportation facilities.—The
  134  Legislature finds and declares that there is a public need for
  135  the rapid construction of safe and efficient transportation
  136  facilities for the purpose of traveling within the state, and
  137  that it is in the public’s interest to provide for the
  138  construction of additional safe, convenient, and economical
  139  transportation facilities.
  140         (1) The department may receive or solicit proposals and,
  141  with legislative approval as evidenced by approval of the
  142  project in the department’s work program, enter into
  143  comprehensive agreements with private entities, or consortia
  144  thereof, for the building, operation, ownership, or financing of
  145  transportation facilities. The department may advance projects
  146  programmed in the adopted 5-year work program or projects
  147  increasing transportation capacity and greater than $500 million
  148  in the 10-year Strategic Intermodal Plan using funds provided by
  149  public-private partnerships or private entities to be reimbursed
  150  from department funds for the project as programmed in the
  151  adopted work program. The department shall by rule establish an
  152  application fee for the submission of unsolicited proposals
  153  under this section. The fee must be sufficient to pay the costs
  154  of evaluating the proposals. The department may engage the
  155  services of private consultants to assist in the evaluation.
  156  Before approval, the department must determine that the proposed
  157  project:
  158         (a) Is in the public’s best interest;
  159         (b) Would not require state funds to be used unless the
  160  project is on the State Highway System;
  161         (c) Would have adequate safeguards in place to ensure that
  162  no additional costs or service disruptions would be realized by
  163  the traveling public and residents of the state in the event of
  164  default or cancellation of the comprehensive agreement by the
  165  department;
  166         (d) Would have adequate safeguards in place to ensure that
  167  the department or the private entity has the opportunity to add
  168  capacity to the proposed project and other transportation
  169  facilities serving similar origins and destinations; and
  170         (e) Would be owned by the department upon completion or
  171  termination of the comprehensive agreement.
  172  
  173  The department shall ensure that all reasonable costs to the
  174  state, related to transportation facilities that are not part of
  175  the State Highway System, are borne by the private entity. The
  176  department shall also ensure that all reasonable costs to the
  177  state and substantially affected local governments and
  178  utilities, related to the private transportation facility, are
  179  borne by the private entity for transportation facilities that
  180  are owned by private entities. For projects on the State Highway
  181  System, the department may use state resources to participate in
  182  funding and financing the project as provided for under the
  183  department’s enabling legislation. Because the Legislature
  184  recognizes that private entities or consortia thereof would
  185  perform a governmental or public purpose or function when they
  186  enter into comprehensive agreements with the department to
  187  design, build, operate, own, or finance transportation
  188  facilities, the transportation facilities, including leasehold
  189  interests thereof, are exempt from ad valorem taxes as provided
  190  in chapter 196 to the extent property is owned by the state or
  191  other government entity, and from intangible taxes as provided
  192  in chapter 199 and special assessments of the state, any city,
  193  town, county, special district, political subdivision of the
  194  state, or any other governmental entity. The private entities or
  195  consortia thereof are exempt from tax imposed by chapter 201 on
  196  all documents or obligations to pay money which arise out of the
  197  comprehensive agreements to design, build, operate, own, lease,
  198  or finance transportation facilities. Any private entities or
  199  consortia thereof must pay any applicable corporate taxes as
  200  provided in chapter 220, and reemployment assistance taxes as
  201  provided in chapter 443, and sales and use tax as provided in
  202  chapter 212 shall be applicable. The private entities or
  203  consortia thereof must also register and collect the tax imposed
  204  by chapter 212 on all their direct sales and leases that are
  205  subject to tax under chapter 212. The comprehensive agreement
  206  between the private entity or consortia thereof and the
  207  department establishing a transportation facility under this
  208  chapter constitutes documentation sufficient to claim any
  209  exemption under this section.
  210         (2) Comprehensive agreements entered into pursuant to this
  211  section may authorize the private entity to impose tolls or
  212  fares for the use of the facility. The following provisions
  213  shall apply to such agreements:
  214         (a) With the exception of the Florida Turnpike System, the
  215  department may lease existing toll facilities through public
  216  private partnerships. The comprehensive public-private
  217  partnership agreement must ensure that the transportation
  218  facility is properly operated, maintained, and renewed in
  219  accordance with department standards.
  220         (b) The department may develop new toll facilities or
  221  increase capacity on existing toll facilities through public
  222  private partnerships. The comprehensive public-private
  223  partnership agreement must ensure that the toll facility is
  224  properly operated, maintained, and renewed in accordance with
  225  department standards.
  226         (c) Any toll revenues shall be regulated by the department
  227  pursuant to s. 338.165(3). The regulations governing the future
  228  increase of toll or fare revenues shall be included in the
  229  comprehensive public-private partnership agreement.
  230         (d) The department shall provide the analysis required in
  231  subparagraph (6)(e)2. to the Legislative Budget Commission
  232  created pursuant to s. 11.90 for review and approval prior to
  233  awarding a contract on a lease of an existing toll facility.
  234         (e) The department shall include provisions in the
  235  comprehensive public-private partnership agreement which that
  236  ensure a negotiated portion of revenues from tolled or fare
  237  generating projects are returned to the department over the life
  238  of the comprehensive public-private partnership agreement. In
  239  the case of a lease of an existing toll facility, the department
  240  shall receive a portion of funds upon closing on the
  241  comprehensive agreement agreements and shall also include
  242  provisions in the comprehensive agreement to receive payment of
  243  a portion of excess revenues over the life of the public-private
  244  partnership.
  245         (f) The private entity shall provide an independent
  246  investment grade traffic and revenue study prepared by a an
  247  internationally recognized traffic and revenue expert as part of
  248  the private entity proposal. The study must be that is accepted
  249  by the national bond rating agencies before closing on the
  250  financing that supports the comprehensive agreement for the
  251  public-private partnership project. The private entity shall
  252  also provide a finance plan that identifies the project cost,
  253  revenues by source, financing, major assumptions, internal rate
  254  of return on private investments, and whether any government
  255  funds are assumed to deliver a cost-feasible project, and a
  256  total cash flow analysis beginning with implementation of the
  257  project and extending for the term of the comprehensive
  258  agreement.
  259         (6) The procurement of public-private partnerships by the
  260  department shall follow the provisions of this section. Sections
  261  337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
  262  337.185, 337.19, 337.221, and 337.251 may shall not apply to
  263  procurements under this section unless a provision is included
  264  in the procurement documents. The department shall ensure that
  265  generally accepted business practices for exemptions provided by
  266  this subsection are part of the procurement process or are
  267  included in the comprehensive public-private partnership
  268  agreement.
  269         (a) The department may request proposals from private
  270  entities for public-private transportation projects or, if the
  271  department receives an unsolicited proposal, the department
  272  shall publish a notice in the Florida Administrative Register
  273  and a newspaper of general circulation at least once a week for
  274  2 weeks stating that the department has received the proposal
  275  and will accept, for between 30 and 120 days after the initial
  276  date of publication as determined by the department based on the
  277  complexity of the project, other proposals for the same project
  278  purpose. A copy of the notice must be mailed to each local
  279  government in the affected area.
  280         (b) Public-private partnerships shall be qualified by the
  281  department as part of the procurement process as outlined in the
  282  procurement documents, provided such process ensures that the
  283  private firm meets at least the minimum department standards for
  284  qualification in department rule for professional engineering
  285  services and road and bridge contracting prior to submitting a
  286  proposal under the procurement.
  287         (c) The department shall ensure that procurement documents
  288  include provisions for performance of the private entity and
  289  payment of subcontractors, including, but not limited to, surety
  290  bonds, letters of credit, parent company guarantees, and lender
  291  and equity partner guarantees. The department shall balance the
  292  structure of the security package for the public-private
  293  partnership that ensures performance and payment of
  294  subcontractors with the cost of the security to ensure the most
  295  efficient pricing.
  296         (d) After the public notification period has expired, the
  297  department shall rank the proposals in order of preference. In
  298  ranking the proposals, the department may consider factors that
  299  include, but are not limited to, professional qualifications,
  300  general business terms, innovative engineering or cost-reduction
  301  terms, finance plans, and the need for state funds to deliver
  302  the project. If the department is not satisfied with the results
  303  of the negotiations, the department may, at its sole discretion,
  304  terminate negotiations with the proposer. If these negotiations
  305  are unsuccessful, the department may go to the second-ranked and
  306  lower-ranked firms, in order, using this same procedure. If only
  307  one proposal is received, the department may negotiate in good
  308  faith and, if the department is not satisfied with the results
  309  of the negotiations, the department may, at its sole discretion,
  310  terminate negotiations with the proposer. Notwithstanding this
  311  subsection, the department may, at its discretion, reject all
  312  proposals at any point in the process up to completion of a
  313  contract with the proposer.
  314         (e) The department shall provide an independent analysis of
  315  the proposed public-private partnership that demonstrates the
  316  cost-effectiveness and overall public benefit at the following
  317  times:
  318         1. Prior to moving forward with the procurement; and
  319         2. If the procurement moves forward, prior to awarding the
  320  contract.
  321         (8) Before or in connection with the negotiation of a
  322  comprehensive agreement, the department may enter into an
  323  interim agreement with the private entity proposing the
  324  development or operation of a qualifying project. An interim
  325  agreement does not obligate the department to enter into a
  326  comprehensive agreement. The interim agreement is discretionary
  327  with the parties and is not required on a project for which the
  328  parties may proceed directly to a comprehensive agreement
  329  without the need for an interim agreement. An interim agreement
  330  must be limited to any of the following provisions that:
  331         (a)Authorize the private entity to commence activities for
  332  which it may be compensated related to the proposed qualifying
  333  project, including, but not limited to, project planning and
  334  development, designing, environmental analysis and mitigation,
  335  surveying, other activities concerning any part of the proposed
  336  qualifying project, and ascertaining the availability of
  337  financing for the proposed facility or facilities.
  338         (b)Establish the process and timing for the negotiation of
  339  the comprehensive agreement.
  340         (c)Contain such other provisions related to an aspect of
  341  the development or operation of a qualifying project which the
  342  department and the private entity deem appropriate.
  343         (9)(8) The department may enter into comprehensive public
  344  private partnership agreements that include extended terms
  345  providing annual payments for performance based on the
  346  availability of service or the facility being open to traffic or
  347  based on the level of traffic using the facility. In addition to
  348  other provisions in this section, the following provisions shall
  349  apply:
  350         (a) The annual payments under any such comprehensive
  351  agreement must shall be included in the department’s tentative
  352  work program developed under s. 339.135 and the long-range
  353  transportation plan for the applicable metropolitan planning
  354  organization developed under s. 339.175. The department shall
  355  ensure that annual payments on multiyear comprehensive public
  356  private partnership agreements are prioritized ahead of new
  357  capacity projects in the development and updating of the
  358  tentative work program.
  359         (b) The annual payments are subject to annual appropriation
  360  by the Legislature as provided in the General Appropriations Act
  361  in support of the first year of the tentative work program.
  362         (11)(10)Before Prior to entering into any comprehensive
  363  such agreement in which where funds are committed from the State
  364  Transportation Trust Fund, the project must be prioritized as
  365  follows:
  366         (a) The department, in coordination with the local
  367  metropolitan planning organization, shall prioritize projects
  368  included in the Strategic Intermodal System 10-year and long
  369  range cost-feasible plans.
  370         (b) The department, in coordination with the local
  371  metropolitan planning organization or local government where
  372  there is no metropolitan planning organization, shall prioritize
  373  projects, for facilities not on the Strategic Intermodal System,
  374  included in the metropolitan planning organization cost-feasible
  375  transportation improvement plan and long-range transportation
  376  plan.
  377         (12)(11)Comprehensive Public-private partnership
  378  agreements under this section are shall be limited to a term not
  379  exceeding 50 years. Upon making written findings that a
  380  comprehensive an agreement under this section requires a term in
  381  excess of 50 years, the secretary of the department may
  382  authorize a term of up to 75 years for projects that are
  383  partially or completely funded from project user fees.
  384  Comprehensive agreements under this section may shall not have a
  385  term in excess of 75 years unless specifically approved by the
  386  Legislature. The department shall identify each new project
  387  under this section with a term exceeding 75 years in the
  388  transmittal letter that accompanies the submittal of the
  389  tentative work program to the Governor and the Legislature in
  390  accordance with s. 339.135.
  391         (14)(13) In connection with a proposal to finance or
  392  refinance a transportation facility pursuant to this section,
  393  the department shall consult with the Division of Bond Finance
  394  of the State Board of Administration. The department shall
  395  notify the division before entering into an interim agreement or
  396  comprehensive agreement and provide the division with the
  397  information necessary to provide timely consultation and
  398  recommendations. The Division of Bond Finance may make an
  399  independent recommendation to the Executive Office of the
  400  Governor.
  401         Section 4. Subsection (5) of section 336.044, Florida
  402  Statutes, is amended to read:
  403         336.044 Use of recyclable materials in construction.—
  404         (5) Notwithstanding any law, rule, or ordinance to the
  405  contrary, a local governmental entity may not adopt standards or
  406  specifications that are contrary to the department standards or
  407  specifications for permissible use of reclaimed asphalt pavement
  408  material or deem reclaimed asphalt pavement material as in
  409  construction. For purposes of this section, such material may
  410  not be considered solid waste.
  411         Section 5. Paragraph (e) of subsection (7) and subsection
  412  (13) of section 337.11, Florida Statutes, are amended to read:
  413         337.11 Contracting authority of department; bids; emergency
  414  repairs, supplemental agreements, and change orders; combined
  415  design and construction contracts; progress payments; records;
  416  requirements of vehicle registration.—
  417         (7)
  418         (e) For design-build contracts and phased design-build
  419  contracts, the department must receive at least three letters of
  420  interest in order to proceed with a request for proposals. The
  421  department shall request proposals from no fewer than three of
  422  the design-build firms submitting letters of interest. If a
  423  design-build firm withdraws from consideration after the
  424  department requests proposals, the department may continue if at
  425  least two proposals are received.
  426         (13) Any motor vehicle used in Each contract let by the
  427  department for the performance of road or bridge construction or
  428  maintenance work on a department project must shall require all
  429  motor vehicles that the contractor operates or causes to be
  430  operated in this state to be registered in compliance with
  431  chapter 320.
  432         Section 6. Paragraphs (a) and (d) of subsection (1) of
  433  section 337.18, Florida Statutes, are amended to read:
  434         337.18 Surety bonds for construction or maintenance
  435  contracts; requirement with respect to contract award; bond
  436  requirements; defaults; damage assessments.—
  437         (1)(a) A surety bond shall be required of the successful
  438  bidder in an amount equal to the awarded contract price.
  439  However, the department may choose, in its discretion and
  440  applicable only to multiyear maintenance contracts, to allow for
  441  incremental annual contract bonds that cumulatively total the
  442  full, awarded, multiyear contract price. The department may also
  443  choose, in its discretion and applicable only to phased design
  444  build construction contracts under s. 337.11(7)(b), to allow the
  445  issuance of multiple contract performance and payment bonds in
  446  succession to align with each phase of the contract to meet the
  447  bonding requirement in this subsection.
  448         1. The department may waive the requirement for all or a
  449  portion of a surety bond if:
  450         a. The contract price is $250,000 or less and the
  451  department determines that the project is of a noncritical
  452  nature and that nonperformance will not endanger public health,
  453  safety, or property;
  454         b. The prime contractor is a qualified nonprofit agency for
  455  the blind or for the other severely handicapped under s.
  456  413.036(2); or
  457         c. The prime contractor is using a subcontractor that is a
  458  qualified nonprofit agency for the blind or for the other
  459  severely handicapped under s. 413.036(2). However, the
  460  department may not waive more than the amount of the
  461  subcontract.
  462         2. If the Secretary of Transportation or the secretary’s
  463  designee determines that it is in the best interests of the
  464  department to reduce the bonding requirement for a project and
  465  that to do so will not endanger public health, safety, or
  466  property, the department may waive the requirement of a surety
  467  bond in an amount equal to the awarded contract price for a
  468  project having a contract price of $250 million or more and, in
  469  its place, may set a surety bond amount that is a portion of the
  470  total contract price and provide an alternate means of security
  471  for the balance of the contract amount that is not covered by
  472  the surety bond or provide for incremental surety bonding and
  473  provide an alternate means of security for the balance of the
  474  contract amount that is not covered by the surety bond. Such
  475  alternative means of security may include letters of credit,
  476  United States bonds and notes, parent company guarantees, and
  477  cash collateral. The department may require alternate means of
  478  security if a surety bond is waived. The surety on such bond
  479  shall be a surety company authorized to do business in the
  480  state. All bonds shall be payable to the department and
  481  conditioned for the prompt, faithful, and efficient performance
  482  of the contract according to plans and specifications and within
  483  the time period specified, and for the prompt payment of all
  484  persons defined in s. 713.01 furnishing labor, material,
  485  equipment, and supplies for work provided in the contract;
  486  however, whenever an improvement, demolition, or removal
  487  contract price is $25,000 or less, the security may, in the
  488  discretion of the bidder, be in the form of a cashier’s check,
  489  bank money order of any state or national bank, certified check,
  490  or postal money order. The department shall adopt rules to
  491  implement this subsection. Such rules shall include provisions
  492  under which the department shall refuse to accept bonds on
  493  contracts when a surety wrongfully fails or refuses to settle or
  494  provide a defense for claims or actions arising under a contract
  495  for which the surety previously furnished a bond.
  496         (d) An action, except for an action for recovery of
  497  retainage, must be instituted by a claimant, whether in privity
  498  with the contractor or not, against the contractor or the surety
  499  on the payment bond or the payment provisions of a combined
  500  payment and performance bond within 365 days after the
  501  performance of the labor or completion of delivery of the
  502  materials or supplies. An action for recovery of retainage must
  503  be instituted against the contractor or the surety within 365
  504  days after final acceptance of the contract work by the
  505  department. A claimant may not waive in advance his or her right
  506  to bring an action under the bond against the surety. In any
  507  action brought to enforce a claim against a payment bond under
  508  this section, the prevailing party is entitled to recover a
  509  reasonable fee for the services of his or her attorney for trial
  510  and appeal or for arbitration, in an amount to be determined by
  511  the court, which fee must be taxed as part of the prevailing
  512  party’s costs, as allowed in equitable actions.
  513         Section 7. Section 337.195, Florida Statutes, is amended to
  514  read:
  515         337.195 Limits on liability.—
  516         (1) In a civil action for the death of or injury to a
  517  person, or for damage to property, against the Department of
  518  Transportation or its agents, consultants, or contractors for
  519  work performed on a highway, road, street, bridge, or other
  520  transportation facility when the death, injury, or damage
  521  resulted from a motor vehicle crash within a construction zone
  522  in which the driver of one of the vehicles was under the
  523  influence of alcoholic beverages as set forth in s. 316.193,
  524  under the influence of any chemical substance as set forth in s.
  525  877.111, or illegally under the influence of any substance
  526  controlled under chapter 893, excluding low-THC cannabis, to the
  527  extent that her or his normal faculties were impaired or that
  528  she or he operated a vehicle recklessly as defined in s.
  529  316.192, it is presumed that the driver’s operation of the
  530  vehicle was the sole proximate cause of her or his own death,
  531  injury, or damage. This presumption can be overcome if the gross
  532  negligence or intentional misconduct of the Department of
  533  Transportation, or of its agents, consultants, or contractors,
  534  was a proximate cause of the driver’s death, injury, or damage.
  535         (2)(a) For purposes of this section, the term:
  536         1. “Contract documents” has the same meaning as in the
  537  department’s Standard Specifications for Road and Bridge
  538  Construction applicable under the contract between the
  539  department and the contractor.
  540         2. “Contractor” means a person or an entity, at any
  541  contractual tier, including any member of a design-build team
  542  pursuant to s. 337.11, who constructs, maintains, or repairs a
  543  highway, road, street, bridge, or other transportation facility
  544  for the department in connection with a department project.
  545         3. “Design engineer” means a person or an entity, including
  546  the design consultant of a design-build team, who contracts at
  547  any tier to prepare or provide engineering plans, including
  548  traffic control plans, for the construction or repair of a
  549  highway, road, street, bridge, or other department
  550  transportation facility for the department or in connection with
  551  a department project.
  552         4. “Traffic control plans” means the maintenance of traffic
  553  plans designed by a professional engineer, or otherwise in
  554  accordance with the department’s standard plans, and approved by
  555  the department.
  556         (b) A contractor is not liable for personal injury,
  557  property damage, or death arising from any of the following:
  558         1. The performance of the construction, maintenance, or
  559  repair of the transportation facility, if, at the time the
  560  personal injury, property damage, or death occurred, the
  561  contractor was in compliance with the contract documents
  562  material to the personal injury, property damage, or death.
  563         2. Acts or omissions of a third party that furnishes or
  564  contracts at any contractual level to furnish services or
  565  materials to the transportation facility, including any
  566  subcontractor; sub-subcontractor; laborer; materialman; owner,
  567  lessor, or driver of a motor vehicle, trailer, semitrailer,
  568  truck, heavy truck, truck tractor, or commercial motor vehicle,
  569  as those terms are defined in s. 320.01; or any person who
  570  performs services as an architect, a landscape architect, an
  571  interior designer, an engineer, or a surveyor and mapper.
  572         3. Acts or omissions of a third party who trespasses within
  573  the limits of the transportation facility or otherwise is not
  574  authorized to enter the area of the transportation facility in
  575  which the personal injury, property damage, or death occurred.
  576         4. Acts or omissions of a third party who damages,
  577  modifies, moves, or removes any traffic control device, warning
  578  device, barrier, or other facility or device used for the
  579  public’s safety and convenience who constructs, maintains, or
  580  repairs a highway, road, street, bridge, or other transportation
  581  facility for the Department of Transportation is not liable to a
  582  claimant for personal injury, property damage, or death arising
  583  from the performance of the construction, maintenance, or repair
  584  if, at the time of the personal injury, property damage, or
  585  death, the contractor was in compliance with contract documents
  586  material to the condition that was the proximate cause of the
  587  personal injury, property damage, or death.
  588         (c)(a) The limitations limitation on liability contained in
  589  this subsection do does not apply when the proximate cause of
  590  the personal injury, property damage, or death is a latent
  591  condition, defect, error, or omission that was created by the
  592  contractor and not a defect, error, or omission in the contract
  593  documents; or when the proximate cause of the personal injury,
  594  property damage, or death was the contractor’s failure to
  595  perform, update, or comply with the maintenance of the traffic
  596  control plans safety plan as required by the contract documents.
  597         (d)(b)Nothing in This subsection may not shall be
  598  interpreted or construed as relieving the contractor of any
  599  obligation to provide the department of Transportation with
  600  written notice of any apparent error or omission in the contract
  601  documents, or as relieving the contractor of his or her contract
  602  responsibility to manage the work of others performing under the
  603  contract.
  604         (e)(c)Nothing in This subsection may not shall be
  605  interpreted or construed to alter or affect any claim of the
  606  department of Transportation against such contractor.
  607         (f)(d) This subsection does not affect any claim of any
  608  entity against such contractor, which claim is associated with
  609  such entity’s facilities on or in department of Transportation
  610  roads or other transportation facilities.
  611         (g)This subsection may not be interpreted or construed to
  612  alter or amend any of the provisions of chapter 440, which shall
  613  take precedence in the event of any conflict with this
  614  subsection.
  615         (h)This subsection does not preclude liability where the
  616  contractor’s negligence is the proximate cause of the personal
  617  injury, property damage, or death.
  618         (3) In all cases involving personal injury, property
  619  damage, or death, a design engineer is person or entity who
  620  contracts to prepare or provide engineering plans for the
  621  construction or repair of a highway, road, street, bridge, or
  622  other transportation facility for the Department of
  623  Transportation shall be presumed to have prepared such
  624  engineering plans using the degree of care and skill ordinarily
  625  exercised by other engineers in the field under similar
  626  conditions and in similar localities and with due regard for
  627  acceptable engineering standards and principles if the
  628  engineering plans conformed to the department’s Department of
  629  Transportation’s design standards material to the condition or
  630  defect that was the proximate cause of the personal injury,
  631  property damage, or death. This presumption can be overcome only
  632  upon a showing of the design engineer’s person’s or entity’s
  633  gross negligence in the preparation of the engineering plans and
  634  may shall not be interpreted or construed to alter or affect any
  635  claim of the department of Transportation against such design
  636  engineer person or entity. The limitation on liability contained
  637  in this subsection does shall not apply to any hidden or
  638  undiscoverable condition created by the design engineer. This
  639  subsection does not affect any claim of any entity against such
  640  design engineer or engineering firm, which claim is associated
  641  with such entity’s facilities on or in department of
  642  Transportation roads or other transportation facilities.
  643         (4) In any civil action for death, injury, or damages
  644  against the Department of Transportation or its agents,
  645  consultants, engineers, or contractors for work performed on a
  646  highway, road, street, bridge, or other transportation facility,
  647  if the department, its agents, consultants, engineers, or
  648  contractors are immune from liability pursuant to this section
  649  or are not parties to the litigation, they may not be named on
  650  the jury verdict form or be found to be at fault or responsible
  651  for the injury, death, or damage that gave rise to the damages.
  652         Section 8. Section 339.2820, Florida Statutes, is created
  653  to read:
  654         339.2820 Local agency program.—
  655         (1) There is created within the department a local agency
  656  program for the purpose of providing assistance to subrecipient
  657  agencies, which include counties, municipalities,
  658  intergovernmental agencies, and other eligible governmental
  659  entities, to develop, design, and construct transportation
  660  facilities using federal funds allocated to the department from
  661  federal agencies which are suballocated to local agencies. The
  662  department shall update the project cost estimate in the year
  663  the project is granted to the local agency and include a
  664  contingency amount as part of the project cost estimate.
  665         (2) The department is authorized to oversee projects funded
  666  by the Federal Highway Administration.
  667         (3) Local agencies shall prioritize budgeting local
  668  projects through their respective M.P.O.’s or governing boards
  669  so that those organizations or boards may receive reimbursement
  670  for the services they provide to the public which are in
  671  compliance with applicable federal laws, rules, and regulations.
  672         (4) Federal-aid highway funds are available only to local
  673  agencies that are certified by the department based on the
  674  agencies’ qualifications, experience, and ability to comply with
  675  federal requirements, and their ability to undertake and
  676  satisfactorily complete the work.
  677         (5) Local agencies shall include in their contracts to
  678  develop, design, or construct transportation facilities the
  679  department’s Division I General Requirements and Covenants for
  680  local agencies as well as a contingency amount to cover costs
  681  incurred due to unforeseen conditions.
  682         Section 9. Subsection (3) of section 339.2825, Florida
  683  Statutes, is amended to read:
  684         339.2825 Approval of contractor-financed projects.—
  685         (3) This section does not apply to a comprehensive public
  686  private partnership agreement authorized in s. 334.30(2)(a).
  687         Section 10. This act shall take effect July 1, 2024.