Florida Senate - 2024                CS for CS for CS for SB 266
       
       
        
       By the Committee on Appropriations; the Appropriations Committee
       on Transportation, Tourism, and Economic Development; the
       Committee on Transportation; and Senators Hooper and Gruters
       
       
       
       576-03684-24                                           2024266c3
    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         318.14, F.S.; increasing the number of times a driver
   11         may elect to attend a basic driver improvement course
   12         approved by the Department of Highway Safety and Motor
   13         Vehicles in lieu of a court appearance; amending ss.
   14         318.1451 and 322.095, F.S.; requiring the department
   15         to annually review changes made to certain laws and to
   16         require that course content for specified driving
   17         courses be modified in accordance with relevant
   18         changes; amending s. 334.30, F.S.; authorizing the
   19         Department of Transportation to enter into
   20         comprehensive agreements with private entities or the
   21         consortia thereof for the building, operation,
   22         ownership, or financing of transportation facilities;
   23         conforming provisions to changes made by the act;
   24         replacing the term “public-private partnership
   25         agreement” with the term “comprehensive agreement”;
   26         requiring a private entity to provide an independent
   27         traffic and revenue study prepared by a certain
   28         expert; providing a requirement for such study;
   29         revising the timeframe within which the department
   30         must publish a certain notice of receipt of an
   31         unsolicited proposal for a public-private
   32         transportation project; authorizing the department to
   33         enter into an interim agreement with a private entity
   34         regarding a qualifying project; providing that an
   35         interim agreement does not obligate the department to
   36         enter into a comprehensive agreement and is not
   37         required under certain circumstances; providing
   38         requirements for an interim agreement; authorizing the
   39         secretary of the department to authorize comprehensive
   40         agreements for a term of up to 75 years for certain
   41         projects; making technical changes; requiring the
   42         department to notify the Division of Bond Finance of
   43         the State Board of Administration before entering into
   44         an interim agreement or a comprehensive agreement;
   45         amending s. 336.044, F.S.; prohibiting a local
   46         governmental entity from adopting certain standards or
   47         specifications concerning asphalt pavement material;
   48         amending s. 337.11, F.S.; requiring the department to
   49         receive three letters of interest before proceeding
   50         with requests for proposals for certain contracts;
   51         making technical changes; amending s. 337.18, F.S.;
   52         authorizing the department to allow the issuance of
   53         multiple contract performance and payment bonds in
   54         succession to meet certain requirements; revising the
   55         timeframe for certain actions against the contractor
   56         or the surety; specifying a timeframe for when an
   57         action for recovery of retainage must be instituted;
   58         amending s. 337.195, F.S.; revising a presumption
   59         regarding the proximate cause of death, injury, or
   60         damage in a civil suit against the department;
   61         defining terms; providing for immunity for contractors
   62         under certain circumstances; conforming provisions
   63         related to certain limitations on liability relating
   64         to traffic control plans; making technical changes;
   65         providing construction; providing that certain
   66         provisions do not preclude liability when the
   67         contractor’s negligence is the proximate cause of the
   68         personal injury, property damage, or death; revising a
   69         presumption regarding a design engineer’s degree of
   70         care and skill; deleting immunity for certain persons
   71         and entities; amending s. 338.26, F.S.; revising the
   72         date by which fees generated from tolls deposited into
   73         the State Transportation Trust Fund must be used to
   74         reimburse a local government entity for certain costs
   75         of operating a specified fire station; requiring that
   76         the interlocal agreement which authorizes such
   77         reimbursement to control for a specified time until
   78         the local governmental entity and the department enter
   79         into a new agreement or agree to extend the agreement;
   80         specifying the amount of reimbursement for the 2024
   81         2025 fiscal year; requiring the local governmental
   82         entity, by a specified date and at specified intervals
   83         thereafter, to provide a maintenance and operations
   84         comprehensive plan to the department, which includes a
   85         current inventory of assets; requiring the local
   86         government entity and the department to review and
   87         adopt the comprehensive plan as part of the interlocal
   88         agreement; requiring the department to program
   89         corresponding funding needs into the department’s work
   90         program; requiring that ownership and title of certain
   91         equipment purchased with state funds and used at the
   92         fire station during the term of the interlocal
   93         agreement transfer to the state at the end of the term
   94         of the agreement; creating s. 339.2820, F.S.; creating
   95         within the department a local agency program for a
   96         specified purpose; requiring the department to update
   97         certain project cost estimates at a specified time and
   98         include a contingency amount as part of the project
   99         cost estimate; authorizing the department to oversee
  100         certain projects; requiring local agencies to
  101         prioritize budgeting certain local projects through
  102         their respective M.P.O.’s or governing boards for a
  103         specified purpose; specifying that certain funds are
  104         available only to local agencies that are certified by
  105         the department; requiring local agencies to include in
  106         certain contracts a specified document and a
  107         contingency amount for costs incurred due to
  108         unforeseen conditions; amending ss. 339.2825 and
  109         627.06501, F.S.; conforming provisions to changes made
  110         by the act; providing an effective date.
  111          
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Subsection (6) is added to section 206.46,
  115  Florida Statutes, to read:
  116         206.46 State Transportation Trust Fund.—
  117         (6) The department may not annually commit more than 20
  118  percent of the revenues derived from state fuel taxes and motor
  119  vehicle license-related fees deposited into the State
  120  Transportation Trust Fund to public transit projects, in
  121  accordance with chapter 341. However, this subsection does not
  122  apply to any of the following:
  123         (a) A public transit project that uses revenues derived
  124  from state fuel taxes and motor vehicle license-related fees to
  125  match funds made available by the Federal Government.
  126         (b)A public transit project included in the transportation
  127  improvement program adopted pursuant to s. 339.175(8) and
  128  approved by a supermajority vote of the board of county
  129  commissioners or the governing board of a consolidated county
  130  and city government where the project is located.
  131         (c) A bus rapid transit or rail project that would result
  132  in maintaining or enhancing the level of service of the State
  133  Highway System along the corridor of the project, provided state
  134  funds do not exceed 50 percent of the nonfederal share of the
  135  costs and the percentage of the local share.
  136         Section 2. Subsections (6) and (7) of section 288.9606,
  137  Florida Statutes, are amended to read:
  138         288.9606 Issue of revenue bonds.—
  139         (6) The proceeds of any bonds of the corporation may not be
  140  used, in any manner, to acquire any building or facility that
  141  will be, during the pendency of the financing, used by, occupied
  142  by, leased to, or paid for by any state, county, or municipal
  143  agency or entity. This subsection does not prohibit the use of
  144  proceeds of bonds of the corporation for the purpose of
  145  financing the acquisition or construction of a transportation
  146  facility under a comprehensive public-private partnership
  147  agreement authorized by s. 334.30.
  148         (7) Notwithstanding any provision of this section, the
  149  corporation in its corporate capacity may, without authorization
  150  from a public agency under s. 163.01(7), issue revenue bonds or
  151  other evidence of indebtedness under this section to:
  152         (a) Finance the undertaking of any project within the state
  153  that promotes renewable energy as defined in s. 366.91 or s.
  154  377.803;
  155         (b) Finance the undertaking of any project within the state
  156  that is a project contemplated or allowed under s. 406 of the
  157  American Recovery and Reinvestment Act of 2009; or
  158         (c) If permitted by federal law, finance qualifying
  159  improvement projects within the state under s. 163.08; or.
  160         (d) Finance the costs of acquisition or construction of a
  161  transportation facility by a private entity or consortium of
  162  private entities under a comprehensive public-private
  163  partnership agreement authorized by s. 334.30.
  164         Section 3. Subsection (9) of section 318.14, Florida
  165  Statutes, is amended to read:
  166         318.14 Noncriminal traffic infractions; exception;
  167  procedures.—
  168         (9) Any person who does not hold a commercial driver
  169  license or commercial learner’s permit and who is cited while
  170  driving a noncommercial motor vehicle for an infraction under
  171  this section other than a violation of s. 316.183(2), s.
  172  316.187, or s. 316.189 when the driver exceeds the posted limit
  173  by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
  174  (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
  175  lieu of a court appearance, elect to attend in the location of
  176  his or her choice within this state a basic driver improvement
  177  course approved by the Department of Highway Safety and Motor
  178  Vehicles. In such a case, adjudication must be withheld, any
  179  civil penalty that is imposed by s. 318.18(3) must be reduced by
  180  18 percent, and points, as provided by s. 322.27, may not be
  181  assessed. However, a person may not make an election under this
  182  subsection if the person has made an election under this
  183  subsection in the preceding 12 months. A person may not make
  184  more than eight five elections within his or her lifetime under
  185  this subsection. The requirement for community service under s.
  186  318.18(8) is not waived by a plea of nolo contendere or by the
  187  withholding of adjudication of guilt by a court.
  188         Section 4. Subsection (6) of section 318.1451, Florida
  189  Statutes, is amended to read:
  190         318.1451 Driver improvement schools.—
  191         (6) The department shall adopt rules establishing and
  192  maintaining policies and procedures to implement the
  193  requirements of this section. These policies and procedures may
  194  include, but shall not be limited to, the following:
  195         (a) Effectiveness studies.—The department shall conduct
  196  effectiveness studies on each type of driver improvement course
  197  pertaining to ss. 318.14(9), 322.0261, and 322.291 on a
  198  recurring 5-year basis, including in the study process the
  199  consequence of failed studies.
  200         (b) Required updates.—The department may require that
  201  courses approved under this section be updated at the
  202  department’s request. Failure of a course provider to update the
  203  course under this section shall result in the suspension of the
  204  course approval until the course is updated and approved by the
  205  department.
  206         (c) Course conduct.—The department shall require that the
  207  approved course providers ensure their driver improvement
  208  schools are conducting the approved course fully and to the
  209  required time limit and content requirements.
  210         (d) Course content.—The department shall set and modify
  211  course content requirements to keep current with laws and safety
  212  information. The department shall annually review changes made
  213  to major traffic laws of this state, including s. 316.126(1)(b),
  214  and shall require course content for courses referenced in this
  215  section to be modified in accordance with changes relevant to
  216  the courses. Course content includes all items used in the
  217  conduct of the course.
  218         (e) Course duration.—The department shall set the duration
  219  of all course types.
  220         (f) Submission of records.—The department shall require
  221  that all course providers submit course completion information
  222  to the department through the department’s Driver Improvement
  223  Certificate Issuance System within 5 days. Course providers must
  224  also submit course completion information together with the
  225  citation number through the Florida Courts E-Filing Portal
  226  governed by the Florida Courts E-Filing Authority to the clerk
  227  of the circuit court of the county where the citation is issued
  228  within 3 days after receipt of the unique course completion
  229  certificate number from the Driver Improvement Certificate
  230  Issuance System.
  231         (g) Sanctions.—The department shall develop the criteria to
  232  sanction a course provider for any violation of this section or
  233  any other law that pertains to the approval and use of driver
  234  improvement courses.
  235         (h) Miscellaneous requirements.—The department shall
  236  require that all course providers:
  237         1. Disclose all fees associated with courses offered by the
  238  provider and associated driver improvement schools and not
  239  charge any fees that are not disclosed during registration.
  240         2. Provide proof of ownership, copyright, or written
  241  permission from the course owner to use the course in this
  242  state.
  243         3. Ensure that any course that is offered in a classroom
  244  setting, by the provider or a school authorized by the provider
  245  to teach the course, is offered at locations that are free from
  246  distractions and reasonably accessible to most applicants.
  247         4. Issue a certificate to persons who successfully complete
  248  the course.
  249         Section 5. Subsection (7) of section 322.095, Florida
  250  Statutes, is amended to read:
  251         322.095 Traffic law and substance abuse education program
  252  for driver license applicants.—
  253         (7) Courses approved under this section must be updated at
  254  the department’s request. The department shall annually review
  255  changes made to major traffic laws of this state, including s.
  256  316.126(1)(b), and shall require course content for courses
  257  referenced in this section to be modified in accordance with
  258  changes relevant to the courses. Failure of a course provider to
  259  update the course within 90 days after the department’s request
  260  shall result in the suspension of the course approval until such
  261  time that the updates are submitted and approved by the
  262  department.
  263         Section 6. Present subsections (8) through (13) of section
  264  334.30, Florida Statutes, are redesignated as subsections (9)
  265  through (14), respectively, a new subsection (8) is added to
  266  that section, and subsections (1), (2), and (6) and present
  267  subsections (8), (10), (11), and (13) of that section are
  268  amended, to read:
  269         334.30 Public-private transportation facilities.—The
  270  Legislature finds and declares that there is a public need for
  271  the rapid construction of safe and efficient transportation
  272  facilities for the purpose of traveling within the state, and
  273  that it is in the public’s interest to provide for the
  274  construction of additional safe, convenient, and economical
  275  transportation facilities.
  276         (1) The department may receive or solicit proposals and,
  277  with legislative approval as evidenced by approval of the
  278  project in the department’s work program, enter into
  279  comprehensive agreements with private entities, or consortia
  280  thereof, for the building, operation, ownership, or financing of
  281  transportation facilities. The department may advance projects
  282  programmed in the adopted 5-year work program or projects
  283  increasing transportation capacity and greater than $500 million
  284  in the 10-year Strategic Intermodal Plan using funds provided by
  285  public-private partnerships or private entities to be reimbursed
  286  from department funds for the project as programmed in the
  287  adopted work program. The department shall by rule establish an
  288  application fee for the submission of unsolicited proposals
  289  under this section. The fee must be sufficient to pay the costs
  290  of evaluating the proposals. The department may engage the
  291  services of private consultants to assist in the evaluation.
  292  Before approval, the department must determine that the proposed
  293  project:
  294         (a) Is in the public’s best interest;
  295         (b) Would not require state funds to be used unless the
  296  project is on the State Highway System;
  297         (c) Would have adequate safeguards in place to ensure that
  298  no additional costs or service disruptions would be realized by
  299  the traveling public and residents of the state in the event of
  300  default or cancellation of the comprehensive agreement by the
  301  department;
  302         (d) Would have adequate safeguards in place to ensure that
  303  the department or the private entity has the opportunity to add
  304  capacity to the proposed project and other transportation
  305  facilities serving similar origins and destinations; and
  306         (e) Would be owned by the department upon completion or
  307  termination of the comprehensive agreement.
  308  
  309  The department shall ensure that all reasonable costs to the
  310  state, related to transportation facilities that are not part of
  311  the State Highway System, are borne by the private entity. The
  312  department shall also ensure that all reasonable costs to the
  313  state and substantially affected local governments and
  314  utilities, related to the private transportation facility, are
  315  borne by the private entity for transportation facilities that
  316  are owned by private entities. For projects on the State Highway
  317  System, the department may use state resources to participate in
  318  funding and financing the project as provided for under the
  319  department’s enabling legislation. Because the Legislature
  320  recognizes that private entities or consortia thereof would
  321  perform a governmental or public purpose or function when they
  322  enter into comprehensive agreements with the department to
  323  design, build, operate, own, or finance transportation
  324  facilities, the transportation facilities, including leasehold
  325  interests thereof, are exempt from ad valorem taxes as provided
  326  in chapter 196 to the extent property is owned by the state or
  327  other government entity, and from intangible taxes as provided
  328  in chapter 199 and special assessments of the state, any city,
  329  town, county, special district, political subdivision of the
  330  state, or any other governmental entity. The private entities or
  331  consortia thereof are exempt from tax imposed by chapter 201 on
  332  all documents or obligations to pay money which arise out of the
  333  comprehensive agreements to design, build, operate, own, lease,
  334  or finance transportation facilities. Any private entities or
  335  consortia thereof must pay any applicable corporate taxes as
  336  provided in chapter 220, and reemployment assistance taxes as
  337  provided in chapter 443, and sales and use tax as provided in
  338  chapter 212 shall be applicable. The private entities or
  339  consortia thereof must also register and collect the tax imposed
  340  by chapter 212 on all their direct sales and leases that are
  341  subject to tax under chapter 212. The comprehensive agreement
  342  between the private entity or consortia thereof and the
  343  department establishing a transportation facility under this
  344  chapter constitutes documentation sufficient to claim any
  345  exemption under this section.
  346         (2) Comprehensive agreements entered into pursuant to this
  347  section may authorize the private entity to impose tolls or
  348  fares for the use of the facility. The following provisions
  349  shall apply to such agreements:
  350         (a) With the exception of the Florida Turnpike System, the
  351  department may lease existing toll facilities through public
  352  private partnerships. The comprehensive public-private
  353  partnership agreement must ensure that the transportation
  354  facility is properly operated, maintained, and renewed in
  355  accordance with department standards.
  356         (b) The department may develop new toll facilities or
  357  increase capacity on existing toll facilities through public
  358  private partnerships. The comprehensive public-private
  359  partnership agreement must ensure that the toll facility is
  360  properly operated, maintained, and renewed in accordance with
  361  department standards.
  362         (c) Any toll revenues shall be regulated by the department
  363  pursuant to s. 338.165(3). The regulations governing the future
  364  increase of toll or fare revenues shall be included in the
  365  comprehensive public-private partnership agreement.
  366         (d) The department shall provide the analysis required in
  367  subparagraph (6)(e)2. to the Legislative Budget Commission
  368  created pursuant to s. 11.90 for review and approval prior to
  369  awarding a contract on a lease of an existing toll facility.
  370         (e) The department shall include provisions in the
  371  comprehensive public-private partnership agreement which that
  372  ensure a negotiated portion of revenues from tolled or fare
  373  generating projects are returned to the department over the life
  374  of the comprehensive public-private partnership agreement. In
  375  the case of a lease of an existing toll facility, the department
  376  shall receive a portion of funds upon closing on the
  377  comprehensive agreement agreements and shall also include
  378  provisions in the comprehensive agreement to receive payment of
  379  a portion of excess revenues over the life of the public-private
  380  partnership.
  381         (f) The private entity shall provide an independent
  382  investment grade traffic and revenue study prepared by a an
  383  internationally recognized traffic and revenue expert as part of
  384  the private entity proposal. The study must be that is accepted
  385  by the national bond rating agencies before closing on the
  386  financing that supports the comprehensive agreement for the
  387  public-private partnership project. The private entity shall
  388  also provide a finance plan that identifies the project cost,
  389  revenues by source, financing, major assumptions, internal rate
  390  of return on private investments, and whether any government
  391  funds are assumed to deliver a cost-feasible project, and a
  392  total cash flow analysis beginning with implementation of the
  393  project and extending for the term of the comprehensive
  394  agreement.
  395         (6) The procurement of public-private partnerships by the
  396  department shall follow the provisions of this section. Sections
  397  337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
  398  337.185, 337.19, 337.221, and 337.251 may shall not apply to
  399  procurements under this section unless a provision is included
  400  in the procurement documents. The department shall ensure that
  401  generally accepted business practices for exemptions provided by
  402  this subsection are part of the procurement process or are
  403  included in the comprehensive public-private partnership
  404  agreement.
  405         (a) The department may request proposals from private
  406  entities for public-private transportation projects or, if the
  407  department receives an unsolicited proposal, the department
  408  shall publish a notice in the Florida Administrative Register
  409  and a newspaper of general circulation at least once a week for
  410  2 weeks stating that the department has received the proposal
  411  and will accept, for between 30 and 120 days after the initial
  412  date of publication as determined by the department based on the
  413  complexity of the project, other proposals for the same project
  414  purpose. A copy of the notice must be mailed to each local
  415  government in the affected area.
  416         (b) Public-private partnerships shall be qualified by the
  417  department as part of the procurement process as outlined in the
  418  procurement documents, provided such process ensures that the
  419  private firm meets at least the minimum department standards for
  420  qualification in department rule for professional engineering
  421  services and road and bridge contracting prior to submitting a
  422  proposal under the procurement.
  423         (c) The department shall ensure that procurement documents
  424  include provisions for performance of the private entity and
  425  payment of subcontractors, including, but not limited to, surety
  426  bonds, letters of credit, parent company guarantees, and lender
  427  and equity partner guarantees. The department shall balance the
  428  structure of the security package for the public-private
  429  partnership that ensures performance and payment of
  430  subcontractors with the cost of the security to ensure the most
  431  efficient pricing.
  432         (d) After the public notification period has expired, the
  433  department shall rank the proposals in order of preference. In
  434  ranking the proposals, the department may consider factors that
  435  include, but are not limited to, professional qualifications,
  436  general business terms, innovative engineering or cost-reduction
  437  terms, finance plans, and the need for state funds to deliver
  438  the project. If the department is not satisfied with the results
  439  of the negotiations, the department may, at its sole discretion,
  440  terminate negotiations with the proposer. If these negotiations
  441  are unsuccessful, the department may go to the second-ranked and
  442  lower-ranked firms, in order, using this same procedure. If only
  443  one proposal is received, the department may negotiate in good
  444  faith and, if the department is not satisfied with the results
  445  of the negotiations, the department may, at its sole discretion,
  446  terminate negotiations with the proposer. Notwithstanding this
  447  subsection, the department may, at its discretion, reject all
  448  proposals at any point in the process up to completion of a
  449  contract with the proposer.
  450         (e) The department shall provide an independent analysis of
  451  the proposed public-private partnership that demonstrates the
  452  cost-effectiveness and overall public benefit at the following
  453  times:
  454         1. Prior to moving forward with the procurement; and
  455         2. If the procurement moves forward, prior to awarding the
  456  contract.
  457         (8) Before or in connection with the negotiation of a
  458  comprehensive agreement, the department may enter into an
  459  interim agreement with the private entity proposing the
  460  development or operation of a qualifying project. An interim
  461  agreement does not obligate the department to enter into a
  462  comprehensive agreement. The interim agreement is discretionary
  463  with the parties and is not required on a project for which the
  464  parties may proceed directly to a comprehensive agreement
  465  without the need for an interim agreement. An interim agreement
  466  must be limited to any of the following provisions that:
  467         (a)Authorize the private entity to commence activities for
  468  which it may be compensated related to the proposed qualifying
  469  project, including, but not limited to, project planning and
  470  development, designing, environmental analysis and mitigation,
  471  surveying, other activities concerning any part of the proposed
  472  qualifying project, and ascertaining the availability of
  473  financing for the proposed facility or facilities.
  474         (b)Establish the process and timing for the negotiation of
  475  the comprehensive agreement.
  476         (c)Contain such other provisions related to an aspect of
  477  the development or operation of a qualifying project which the
  478  department and the private entity deem appropriate.
  479         (9)(8) The department may enter into comprehensive public
  480  private partnership agreements that include extended terms
  481  providing annual payments for performance based on the
  482  availability of service or the facility being open to traffic or
  483  based on the level of traffic using the facility. In addition to
  484  other provisions in this section, the following provisions shall
  485  apply:
  486         (a) The annual payments under any such comprehensive
  487  agreement must shall be included in the department’s tentative
  488  work program developed under s. 339.135 and the long-range
  489  transportation plan for the applicable metropolitan planning
  490  organization developed under s. 339.175. The department shall
  491  ensure that annual payments on multiyear comprehensive public
  492  private partnership agreements are prioritized ahead of new
  493  capacity projects in the development and updating of the
  494  tentative work program.
  495         (b) The annual payments are subject to annual appropriation
  496  by the Legislature as provided in the General Appropriations Act
  497  in support of the first year of the tentative work program.
  498         (11)(10)Before Prior to entering into any comprehensive
  499  such agreement in which where funds are committed from the State
  500  Transportation Trust Fund, the project must be prioritized as
  501  follows:
  502         (a) The department, in coordination with the local
  503  metropolitan planning organization, shall prioritize projects
  504  included in the Strategic Intermodal System 10-year and long
  505  range cost-feasible plans.
  506         (b) The department, in coordination with the local
  507  metropolitan planning organization or local government where
  508  there is no metropolitan planning organization, shall prioritize
  509  projects, for facilities not on the Strategic Intermodal System,
  510  included in the metropolitan planning organization cost-feasible
  511  transportation improvement plan and long-range transportation
  512  plan.
  513         (12)(11)Comprehensive Public-private partnership
  514  agreements under this section are shall be limited to a term not
  515  exceeding 50 years. Upon making written findings that a
  516  comprehensive an agreement under this section requires a term in
  517  excess of 50 years, the secretary of the department may
  518  authorize a term of up to 75 years for projects that are
  519  partially or completely funded from project user fees.
  520  Comprehensive agreements under this section may shall not have a
  521  term in excess of 75 years unless specifically approved by the
  522  Legislature. The department shall identify each new project
  523  under this section with a term exceeding 75 years in the
  524  transmittal letter that accompanies the submittal of the
  525  tentative work program to the Governor and the Legislature in
  526  accordance with s. 339.135.
  527         (14)(13) In connection with a proposal to finance or
  528  refinance a transportation facility pursuant to this section,
  529  the department shall consult with the Division of Bond Finance
  530  of the State Board of Administration. The department shall
  531  notify the division before entering into an interim agreement or
  532  a comprehensive agreement and provide the division with the
  533  information necessary to provide timely consultation and
  534  recommendations. The Division of Bond Finance may make an
  535  independent recommendation to the Executive Office of the
  536  Governor.
  537         Section 7. Subsection (5) of section 336.044, Florida
  538  Statutes, is amended to read:
  539         336.044 Use of recyclable materials in construction.—
  540         (5) Notwithstanding any law, rule, or ordinance to the
  541  contrary, a local governmental entity may not adopt standards or
  542  specifications that are contrary to the department standards or
  543  specifications for permissible use of reclaimed asphalt pavement
  544  material or deem reclaimed asphalt pavement material as in
  545  construction. For purposes of this section, such material may
  546  not be considered solid waste.
  547         Section 8. Paragraph (e) of subsection (7) and subsection
  548  (13) of section 337.11, Florida Statutes, are amended to read:
  549         337.11 Contracting authority of department; bids; emergency
  550  repairs, supplemental agreements, and change orders; combined
  551  design and construction contracts; progress payments; records;
  552  requirements of vehicle registration.—
  553         (7)
  554         (e) For design-build contracts and phased design-build
  555  contracts, the department must receive at least three letters of
  556  interest in order to proceed with a request for proposals. The
  557  department shall request proposals from no fewer than three of
  558  the design-build firms submitting letters of interest. If a
  559  design-build firm withdraws from consideration after the
  560  department requests proposals, the department may continue if at
  561  least two proposals are received.
  562         (13) Any motor vehicle used in Each contract let by the
  563  department for the performance of road or bridge construction or
  564  maintenance work on a department project must shall require all
  565  motor vehicles that the contractor operates or causes to be
  566  operated in this state to be registered in compliance with
  567  chapter 320.
  568         Section 9. Paragraphs (a) and (d) of subsection (1) of
  569  section 337.18, Florida Statutes, are amended to read:
  570         337.18 Surety bonds for construction or maintenance
  571  contracts; requirement with respect to contract award; bond
  572  requirements; defaults; damage assessments.—
  573         (1)(a) A surety bond shall be required of the successful
  574  bidder in an amount equal to the awarded contract price.
  575  However, the department may choose, in its discretion and
  576  applicable only to multiyear maintenance contracts, to allow for
  577  incremental annual contract bonds that cumulatively total the
  578  full, awarded, multiyear contract price. The department may also
  579  choose, in its discretion and applicable only to phased design
  580  build construction contracts under s. 337.11(7)(b), to allow the
  581  issuance of multiple contract performance and payment bonds in
  582  succession to align with each phase of the contract to meet the
  583  bonding requirement in this subsection.
  584         1. The department may waive the requirement for all or a
  585  portion of a surety bond if:
  586         a. The contract price is $250,000 or less and the
  587  department determines that the project is of a noncritical
  588  nature and that nonperformance will not endanger public health,
  589  safety, or property;
  590         b. The prime contractor is a qualified nonprofit agency for
  591  the blind or for the other severely handicapped under s.
  592  413.036(2); or
  593         c. The prime contractor is using a subcontractor that is a
  594  qualified nonprofit agency for the blind or for the other
  595  severely handicapped under s. 413.036(2). However, the
  596  department may not waive more than the amount of the
  597  subcontract.
  598         2. If the Secretary of Transportation or the secretary’s
  599  designee determines that it is in the best interests of the
  600  department to reduce the bonding requirement for a project and
  601  that to do so will not endanger public health, safety, or
  602  property, the department may waive the requirement of a surety
  603  bond in an amount equal to the awarded contract price for a
  604  project having a contract price of $250 million or more and, in
  605  its place, may set a surety bond amount that is a portion of the
  606  total contract price and provide an alternate means of security
  607  for the balance of the contract amount that is not covered by
  608  the surety bond or provide for incremental surety bonding and
  609  provide an alternate means of security for the balance of the
  610  contract amount that is not covered by the surety bond. Such
  611  alternative means of security may include letters of credit,
  612  United States bonds and notes, parent company guarantees, and
  613  cash collateral. The department may require alternate means of
  614  security if a surety bond is waived. The surety on such bond
  615  shall be a surety company authorized to do business in the
  616  state. All bonds shall be payable to the department and
  617  conditioned for the prompt, faithful, and efficient performance
  618  of the contract according to plans and specifications and within
  619  the time period specified, and for the prompt payment of all
  620  persons defined in s. 713.01 furnishing labor, material,
  621  equipment, and supplies for work provided in the contract;
  622  however, whenever an improvement, demolition, or removal
  623  contract price is $25,000 or less, the security may, in the
  624  discretion of the bidder, be in the form of a cashier’s check,
  625  bank money order of any state or national bank, certified check,
  626  or postal money order. The department shall adopt rules to
  627  implement this subsection. Such rules shall include provisions
  628  under which the department shall refuse to accept bonds on
  629  contracts when a surety wrongfully fails or refuses to settle or
  630  provide a defense for claims or actions arising under a contract
  631  for which the surety previously furnished a bond.
  632         (d) An action, except for an action for recovery of
  633  retainage, must be instituted by a claimant, whether in privity
  634  with the contractor or not, against the contractor or the surety
  635  on the payment bond or the payment provisions of a combined
  636  payment and performance bond within 365 days after the
  637  performance of the labor or completion of delivery of the
  638  materials or supplies. An action for recovery of retainage must
  639  be instituted against the contractor or the surety within 365
  640  days after final acceptance of the contract work by the
  641  department. A claimant may not waive in advance his or her right
  642  to bring an action under the bond against the surety. In any
  643  action brought to enforce a claim against a payment bond under
  644  this section, the prevailing party is entitled to recover a
  645  reasonable fee for the services of his or her attorney for trial
  646  and appeal or for arbitration, in an amount to be determined by
  647  the court, which fee must be taxed as part of the prevailing
  648  party’s costs, as allowed in equitable actions.
  649         Section 10. Section 337.195, Florida Statutes, is amended
  650  to read:
  651         337.195 Limits on liability.—
  652         (1) In a civil action for the death of or injury to a
  653  person, or for damage to property, against the Department of
  654  Transportation or its agents, consultants, or contractors for
  655  work performed on a highway, road, street, bridge, or other
  656  transportation facility when the death, injury, or damage
  657  resulted from a motor vehicle crash within a construction zone
  658  in which the driver of one of the vehicles was under the
  659  influence of alcoholic beverages as set forth in s. 316.193,
  660  under the influence of any chemical substance as set forth in s.
  661  877.111, under the influence of marijuana as authorized by s.
  662  381.986, excluding low-THC cannabis, or illegally under the
  663  influence of any substance controlled under chapter 893 to the
  664  extent that her or his normal faculties were impaired or that
  665  she or he operated a vehicle recklessly as defined in s.
  666  316.192, it is presumed that the driver’s operation of the
  667  vehicle was the sole proximate cause of her or his own death,
  668  injury, or damage. This presumption can be overcome if the gross
  669  negligence or intentional misconduct of the Department of
  670  Transportation, or of its agents, consultants, or contractors,
  671  was a proximate cause of the driver’s death, injury, or damage.
  672         (2)(a) For purposes of this section, the term:
  673         1. “Contract documents” has the same meaning as in the
  674  applicable contract between the department and the contractor.
  675         2. “Contractor” means a person or an entity, at any
  676  contractual tier, including any member of a design-build team
  677  pursuant to s. 337.11, who constructs, maintains, or repairs a
  678  highway, road, street, bridge, or other transportation facility
  679  for the department in connection with a department project.
  680         3. “Design engineer” means a person or an entity, including
  681  the design consultant of a design-build team, who contracts at
  682  any tier to prepare or provide engineering plans, including
  683  traffic control plans, for the construction or repair of a
  684  highway, road, street, bridge, or other department
  685  transportation facility for the department or in connection with
  686  a department project.
  687         4. “Traffic control plans” means the maintenance of traffic
  688  plans designed by a professional engineer, or otherwise in
  689  accordance with the department’s standard plans, and approved by
  690  the department.
  691         (b) A contractor is not liable for personal injury,
  692  property damage, or death arising from any of the following:
  693         1. The performance of the construction, maintenance, or
  694  repair of the transportation facility, if, at the time the
  695  personal injury, property damage, or death occurred, the
  696  contractor was in compliance with the contract documents
  697  material to the personal injury, property damage, or death.
  698         2. Acts or omissions of a third party that furnishes or
  699  contracts at any contractual level to furnish services or
  700  materials to the transportation facility, including any
  701  subcontractor; sub-subcontractor; laborer; materialman; owner,
  702  lessor, or driver of a motor vehicle, trailer, semitrailer,
  703  truck, heavy truck, truck tractor, or commercial motor vehicle,
  704  as those terms are defined in s. 320.01; or any person who
  705  performs services as an architect, a landscape architect, an
  706  interior designer, an engineer, or a surveyor and mapper.
  707         3. Acts or omissions of a third party who trespasses within
  708  the limits of the transportation facility or otherwise is not
  709  authorized to enter the area of the transportation facility in
  710  which the personal injury, property damage, or death occurred.
  711         4. Acts or omissions of a third party who damages,
  712  modifies, moves, or removes any traffic control device, warning
  713  device, barrier, or other facility or device used for the
  714  public’s safety and convenience who constructs, maintains, or
  715  repairs a highway, road, street, bridge, or other transportation
  716  facility for the Department of Transportation is not liable to a
  717  claimant for personal injury, property damage, or death arising
  718  from the performance of the construction, maintenance, or repair
  719  if, at the time of the personal injury, property damage, or
  720  death, the contractor was in compliance with contract documents
  721  material to the condition that was the proximate cause of the
  722  personal injury, property damage, or death.
  723         (c)(a) The limitations limitation on liability contained in
  724  this subsection do does not apply when the proximate cause of
  725  the personal injury, property damage, or death is a latent
  726  condition, defect, error, or omission that was created by the
  727  contractor and not a defect, error, or omission in the contract
  728  documents; or when the proximate cause of the personal injury,
  729  property damage, or death was the contractor’s failure to
  730  perform, update, or comply with the maintenance of the traffic
  731  control plans safety plan as required by the contract documents.
  732         (d)(b)Nothing in This subsection may not shall be
  733  interpreted or construed as relieving the contractor of any
  734  obligation to provide the department of Transportation with
  735  written notice of any apparent error or omission in the contract
  736  documents, or as relieving the contractor of his or her contract
  737  responsibility to manage the work of others performing under the
  738  contract.
  739         (e)(c)Nothing in This subsection may not shall be
  740  interpreted or construed to alter or affect any claim of the
  741  department of Transportation against such contractor.
  742         (f)(d) This subsection does not affect any claim of any
  743  entity against such contractor, which claim is associated with
  744  such entity’s facilities on or in department of Transportation
  745  roads or other transportation facilities.
  746         (g)This subsection may not be interpreted or construed to
  747  alter or amend any of the provisions of chapter 440, which shall
  748  take precedence in the event of any conflict with this
  749  subsection.
  750         (h)This subsection does not preclude liability where the
  751  contractor’s negligence is the proximate cause of the personal
  752  injury, property damage, or death.
  753         (3) In all cases involving personal injury, property
  754  damage, or death, a design engineer is person or entity who
  755  contracts to prepare or provide engineering plans for the
  756  construction or repair of a highway, road, street, bridge, or
  757  other transportation facility for the Department of
  758  Transportation shall be presumed to have prepared such
  759  engineering plans using the degree of care and skill ordinarily
  760  exercised by other engineers in the field under similar
  761  conditions and in similar localities and with due regard for
  762  acceptable engineering standards and principles if the
  763  engineering plans conformed to the department’s Department of
  764  Transportation’s design standards material to the condition or
  765  defect that was the proximate cause of the personal injury,
  766  property damage, or death. This presumption can be overcome only
  767  upon a showing of the design engineer’s person’s or entity’s
  768  gross negligence in the preparation of the engineering plans and
  769  may shall not be interpreted or construed to alter or affect any
  770  claim of the department of Transportation against such design
  771  engineer person or entity. The limitation on liability contained
  772  in this subsection does shall not apply to any hidden or
  773  undiscoverable condition created by the design engineer. This
  774  subsection does not affect any claim of any entity against such
  775  design engineer or engineering firm, which claim is associated
  776  with such entity’s facilities on or in department of
  777  Transportation roads or other transportation facilities.
  778         (4) In any civil action for death, injury, or damages
  779  against the Department of Transportation or its agents,
  780  consultants, engineers, or contractors for work performed on a
  781  highway, road, street, bridge, or other transportation facility,
  782  if the department, its agents, consultants, engineers, or
  783  contractors are immune from liability pursuant to this section
  784  or are not parties to the litigation, they may not be named on
  785  the jury verdict form or be found to be at fault or responsible
  786  for the injury, death, or damage that gave rise to the damages.
  787         Section 11. Paragraph (a) of subsection (3) of section
  788  338.26, Florida Statutes, is amended to read:
  789         338.26 Alligator Alley toll road.—
  790         (3)(a) Fees generated from tolls shall be deposited in the
  791  State Transportation Trust Fund and shall be used:
  792         1. To reimburse outstanding contractual obligations;
  793         2. To operate and maintain the highway and toll facilities,
  794  including reconstruction and restoration;
  795         3. To pay for those projects that are funded with Alligator
  796  Alley toll revenues and that are contained in the 1993-1994
  797  adopted work program or the 1994-1995 tentative work program
  798  submitted to the Legislature on February 22, 1994; and
  799         4. By interlocal agreement effective July 1, 2019, through
  800  no later than June 30, 2027, to reimburse a local governmental
  801  entity for the direct actual costs of operating the fire station
  802  at mile marker 63 on Alligator Alley, which shall be used by the
  803  local governmental entity to provide fire, rescue, and emergency
  804  management services exclusively to the public on Alligator
  805  Alley. The local governmental entity must contribute 10 percent
  806  of the direct actual operating costs.
  807         a. The interlocal agreement effective July 1, 2019, through
  808  June 30, 2027, shall control until such time that the local
  809  governmental entity and the department enter into a new
  810  agreement or agree to extend the existing agreement. For the
  811  2024-2025 fiscal year, the amount of reimbursement shall be $2
  812  million.
  813         b.Beginning no later than April 30, 2025, and every 5
  814  years thereafter, the local governmental entity must provide a
  815  maintenance and operations comprehensive plan to the department.
  816  The comprehensive plan must include a current inventory of
  817  assets, including their projected service life, and area service
  818  needs; the call and response history for emergency services
  819  provided in the preceding 5 years on Alligator Alley, including
  820  costs; and future projections for assets and equipment,
  821  including replacement or purchase needs, and operating costs.
  822         c. The local government entity and the department shall
  823  review and adopt the comprehensive plan as part of the
  824  interlocal agreement.
  825         d.In concurrence with projected incoming toll revenues for
  826  Alligator Alley, the department shall include the corresponding
  827  funding needs of the comprehensive plan into the department’s
  828  work program The amount of reimbursement to the local
  829  governmental entity may not exceed $1.4 million in any state
  830  fiscal year.
  831         e. At the end of the term of the interlocal agreement, the
  832  ownership and title of all fire, rescue, and emergency equipment
  833  purchased with state funds and used at the fire station during
  834  the term of the interlocal agreement transfers to the state.
  835         Section 12. Section 339.2820, Florida Statutes, is created
  836  to read:
  837         339.2820 Local agency program.—
  838         (1) There is created within the department a local agency
  839  program for the purpose of providing assistance to subrecipient
  840  agencies, which include counties, municipalities,
  841  intergovernmental agencies, and other eligible governmental
  842  entities, to develop, design, and construct transportation
  843  facilities using federal funds allocated to the department from
  844  federal agencies which are suballocated to local agencies. The
  845  department shall update the project cost estimate in the year
  846  the project is granted to the local agency and include a
  847  contingency amount as part of the project cost estimate.
  848         (2) The department is authorized to oversee projects funded
  849  by the Federal Highway Administration.
  850         (3) Local agencies shall prioritize budgeting local
  851  projects through their respective M.P.O.’s or governing boards
  852  so that those organizations or boards may receive reimbursement
  853  for the services they provide to the public which are in
  854  compliance with applicable federal laws, rules, and regulations.
  855         (4) Federal-aid highway funds are available only to local
  856  agencies that are certified by the department based on the
  857  agencies’ qualifications, experience, and ability to comply with
  858  federal requirements, and their ability to undertake and
  859  satisfactorily complete the work.
  860         (5) Local agencies shall include in their contracts to
  861  develop, design, or construct transportation facilities the
  862  department’s Division I General Requirements and Covenants for
  863  local agencies as well as a contingency amount to cover costs
  864  incurred due to unforeseen conditions.
  865         Section 13. Subsection (3) of section 339.2825, Florida
  866  Statutes, is amended to read:
  867         339.2825 Approval of contractor-financed projects.—
  868         (3) This section does not apply to a comprehensive public
  869  private partnership agreement authorized in s. 334.30(2)(a).
  870         Section 14. Subsection (4) of section 627.06501, Florida
  871  Statutes, is amended to read:
  872         627.06501 Insurance discounts for certain persons
  873  completing driver improvement course.—
  874         (4) This section does not apply if the driver improvement
  875  course is taken in lieu of a court appearance for a traffic
  876  infraction as provided for in s. 318.14(9). However, the eight
  877  election five-election restriction enumerated in that section is
  878  not applicable to taking the course for the purposes of
  879  receiving insurance premium reductions.
  880         Section 15. This act shall take effect July 1, 2024.