Senate Bill 0846er

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  2         An act relating to the Department of

  3         Transportation (RAB); amending s. 334.044,

  4         F.S.; authorizing the department to regulate

  5         the transfer of storm water to the right-of-way

  6         as a result of changes to adjacent property;

  7         amending s. 337.105, F.S.; authorizing the

  8         department to suspend a consultant from awards

  9         of department contracts for specified good

10         cause; amending s. 337.18, F.S.; providing

11         incentives or damages for contractors for early

12         completion of projects that provide substantial

13         benefits to the public; amending s. 339.0805,

14         F.S.; authorizing the department to suspend or

15         revoke the certification of a disadvantaged

16         business enterprise for specified good cause;

17         providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Present subsections (15) through (30) of

22  section 334.044, Florida Statutes, are renumbered as

23  subsections (16) through (31), respectively, and a new

24  subsection (15) is added to that section, to read:

25         334.044  Department; powers and duties.--The department

26  shall have the following general powers and duties:

27         (15)  To regulate and prescribe conditions for the

28  transfer of storm water to the state right-of-way as a result

29  of man-made changes to adjacent properties.

30         (a)  Such regulation shall be through a permitting

31  process designed to ensure the safety and integrity of the


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  1  Department of Transportation facilities and to prevent an

  2  unreasonable burden on lower properties.

  3         (b)  Issuance of a permit under this subsection will

  4  not exempt a property owner from compliance with otherwise

  5  applicable federal, state, local, or regional regulations

  6  governing pollution control, water quality, surfacewater

  7  management, or land use. The permittee will reimburse the

  8  department for any expenses, including fines, abatement, and

  9  cleanup costs incurred by the department as a result of the

10  permittee's discharge to the right-of-way failing to meet, or

11  contributing to a violation of, the applicable local, state,

12  or regional water-quality standards or minimum design and

13  performance standards.

14         (c)  The department may revoke or suspend a permit for

15  failure to construct, operate, or maintain the facilities

16  authorized by the permit in accordance with the permit, for

17  failure to comply with permit conditions, for failure to

18  reimburse the department in accordance with the provisions of

19  paragraph (b), or for submission of false or misleading

20  information to the department with regard to the permitting,

21  construction, operation, or maintenance of the facilities.

22         Section 2.  Subsection (1) of section 337.105, Florida

23  Statutes, is amended to read:

24         337.105  Qualifications of professional consultants and

25  other providers of contractual services; performance bonds;

26  and audits of indirect costs.--

27         (1)  Before the employment of a professional consultant

28  or other provider of service, the department shall make a

29  finding that the person to be employed is fully qualified to

30  render the desired service.  Among the factors to be

31  considered in making this finding are the professional


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  1  reputation, past performance record, and experience of the

  2  candidate and the adequacy of the personnel making up his or

  3  her organization.  The department may, for good cause, deny or

  4  suspend for a specified period of time a person or firm from

  5  consideration for award of a professional service contract for

  6  a particular type of work because of unsatisfactory

  7  performance of a previously awarded professional service

  8  contract. The department shall adopt rules to administer

  9  implement this section. As used in this subsection, the term

10  "good cause," includes, but is not limited to, circumstances

11  in which a consultant or other provider of service or its

12  official representative:

13         (a)  Makes or submits false, deceptive, or fraudulent

14  statements in any bid or proposal to the department, in any

15  application for certification of qualification, or in any

16  administrative or judicial proceeding;

17         (b)  Becomes insolvent or is the subject of a

18  bankruptcy petition;

19         (c)  Has been qualified by the department based on a

20  license or registration issued by the state which has

21  subsequently been revoked or suspended or has been denied;

22         (d)  Has been qualified by the department based on the

23  employment of personnel no longer employed by the consultant

24  or other provider of service;

25         (e)  Fails to maintain adequate professional liability

26  insurance for the certified areas of work;

27         (f)  Fails to satisfactorily perform contract

28  requirements;

29         (g)  Wrongfully employs or otherwise provides

30  compensation to any employee or officer of the department, or

31  willfully offers an employee or officer of the department any


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  1  pecuniary or other benefit, with the intent to influence the

  2  employee's or officer's official action or judgment;

  3         (h)  Is affiliated with a consultant or other provider

  4  of service whose qualification to render professional services

  5  has been denied or suspended by the department and is

  6  dependent upon such consultant or other provider of service

  7  for personnel, equipment, or finances; or

  8         (i)  Has been barred or suspended from consideration

  9  for work with any other governmental entity.

10         Section 3.  Paragraph (a) of subsection (4) of section

11  337.18, Florida Statutes, is amended to read:

12         337.18  Surety bonds; requirement with respect to

13  contract award; defaults; damage assessments.--

14         (4)(a)  If the department determines and adequately

15  documents that the timely completion of any project will

16  provide a substantial benefit is essential to the public

17  health, safety, or welfare; will limit the disruptive effect

18  of construction on the community;, or is cost beneficial on a

19  revenue-producing project, the contract for such project may

20  provide for an incentive payment payable to the contractor for

21  early completion of the project or critical phases of the work

22  and for additional damages to be assessed against the

23  contractor for the completion of the project or critical

24  phases of the work in excess of the time specified. All

25  contracts containing such provisions shall be approved by the

26  head of the department or his or her designee. The amount of

27  such incentive payment or such additional damages shall be

28  established in the contract but shall not exceed $10,000 per

29  calendar day, except that for revenue-producing projects the

30  amounts and periods of the incentive may be greater if an

31  analysis indicates that additional revenues projected to be


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  1  received upon completion of the project will exceed the cost

  2  of the incentive payments. Any liquidated damages provided for

  3  under subsection (2) and any additional damages provided for

  4  under this subsection shall be payable to the department

  5  because of the contractor's failure to complete the contract

  6  work within the time stipulated in the contract or within such

  7  additional time as may have been granted by the department.

  8         Section 4.  Subsection (2) of section 339.0805, Florida

  9  Statutes, is amended to read:

10         339.0805  Funds to be expended with certified

11  disadvantaged business enterprises; specified percentage to be

12  expended; construction management development program; bond

13  guarantee program.--It is the policy of the state to

14  meaningfully assist socially and economically disadvantaged

15  business enterprises through a program that will provide for

16  the development of skills through construction and business

17  management training, as well as by providing contracting

18  opportunities and financial assistance in the form of bond

19  guarantees, to primarily remedy the effects of past economic

20  disparity.

21         (2)  The department shall revoke the certification of a

22  disadvantaged business enterprise upon receipt of notification

23  of any change in ownership which results in the disadvantaged

24  individual or individuals used to qualify the business as a

25  disadvantaged business enterprise, no longer owning at least

26  51 percent of the business enterprise. Such notification shall

27  be made to the department by certified mail within 10 days

28  after the change in ownership, and such business shall be

29  removed from the certified disadvantaged business list until a

30  new application is submitted and approved by the department.

31  Failure to notify the department of the change in the


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  1  ownership which qualifies the business as a disadvantaged

  2  business enterprise will result in revocation of certification

  3  and subject the business to the provisions of s. 337.135. In

  4  addition, the department may, for good cause, deny or suspend

  5  the certification of a disadvantaged business enterprise. As

  6  used in this subsection, the term "good cause" includes, but

  7  is not limited to, the disadvantaged business enterprise:

  8         (a)  No longer meeting the certification standards set

  9  forth in department rules;

10         (b)  Making a false, deceptive, or fraudulent statement

11  it its application for certification or in any other

12  information submitted to the department;

13         (c)  Failing to maintain the records required by

14  department rules;

15         (d)  Failing to perform a commercially useful function

16  on projects for which the enterprise was used to satisfy

17  contract goals;

18         (e) Failing to fulfill its contractual obligations with

19  contractors;

20         (f)  Failing to respond with a statement of interest to

21  requests for bid quotations from contractors for three

22  consecutive lettings;

23         (g)  Subcontracting to others more than 49 percent of

24  the amount of any single subcontract that was used by the

25  prime contractor to meet a contract goal;

26         (h)  Failing to provide notarized certification of

27  payments received on specific projects to the prime contractor

28  when required to do so by contract specifications;

29         (i)  Failing to schedule an on-site review upon request

30  of the department; or

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  1         (j)  Becoming insolvent or the subject of a bankruptcy

  2  proceeding.

  3         Section 5.  This act shall take effect upon becoming a

  4  law.

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