Florida Senate - 2019                                    SB 1044
       By Senator Albritton
       26-00565A-19                                          20191044__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 20.23, F.S.; providing that the Department
    4         of Transportation consists of a central office that
    5         establishes policies and procedures and districts that
    6         carry out certain projects; deleting the requirement
    7         that the Governor appoint the Secretary of
    8         Transportation from among three persons nominated by
    9         the Florida Transportation Commission; providing
   10         additional qualification requirements for the
   11         secretary; amending s. 112.061, F.S.; requiring that
   12         certain mileage be computed on the basis of the most
   13         commonly used maps; amending s. 334.046, F.S.;
   14         requiring certain preservation goals to include
   15         ensuring that a specified percentage of the pavement
   16         in each of the department’s districts meet department
   17         standards by a specified year; creating s. 334.179,
   18         F.S.; prohibiting local governments from adopting
   19         standards or specifications that are contrary to the
   20         department standards or specifications for permissible
   21         use of aggregates and materials that have been
   22         certified for use; defining the term “certified for
   23         use”; amending s. 337.14, F.S.; requiring any
   24         contractor, instead of any person, desiring to bid for
   25         the performance of certain construction contracts to
   26         first be certified by the department as qualified;
   27         conforming provisions to changes made by the act;
   28         requiring a contractor desiring to bid on certain
   29         contracts to have satisfactorily completed certain
   30         projects; amending s. 337.18, F.S.; requiring that a
   31         certain schedule include a reduction of the daily
   32         liquidated damage charges to certain costs when
   33         traffic is in its final configuration and the project
   34         is functional for its intended purpose; amending s.
   35         337.185, F.S.; revising the maximum amounts per
   36         contract of certain contractual claims that must be
   37         arbitrated by the State Arbitration Board under
   38         certain circumstances; amending s. 338.166, F.S.;
   39         prohibiting the department from using toll revenue
   40         from high-occupancy toll lanes or express lanes to
   41         offset funding that the facilities would use if the
   42         facilities were not high-occupancy toll lanes or
   43         express lanes; amending s. 339.135, F.S.; requiring
   44         the department to allocate a minimum specified
   45         percentage of all transportation capacity funds, with
   46         the exception of funds allocated for the transit
   47         program and the surface transportation program
   48         attributable to areas with certain populations, to the
   49         Florida Strategic Intermodal System; amending s.
   50         339.65, F.S.; requiring that priority for certain
   51         facility improvements by the department be given to
   52         correcting or improving certain sections of interstate
   53         highway; requiring that project development and
   54         environmental studies for a certain section of
   55         interstate highway begin within a specified period;
   56         providing an effective date.
   58  Be It Enacted by the Legislature of the State of Florida:
   60         Section 1. Subsection (1) of section 20.23, Florida
   61  Statutes, is amended to read:
   62         20.23 Department of Transportation.—There is created a
   63  Department of Transportation which shall be a decentralized
   64  agency.
   65         (1)(a) The Department of Transportation shall consist of:
   66         1. A central office that establishes policies and
   67  procedures; and
   68         2. Districts that carry out projects as authorized or
   69  required under the policies and procedures of the central office
   70  pursuant to paragraph (3)(a).
   71         (b) The head of the Department of Transportation is the
   72  Secretary of Transportation. The secretary is shall be appointed
   73  by the Governor, from among three persons nominated by the
   74  Florida Transportation Commission and shall be subject to
   75  confirmation by the Senate. The secretary shall serve at the
   76  pleasure of the Governor.
   77         (c)(b) The secretary must shall be a proven, effective
   78  administrator who, by a combination of education and experience,
   79  clearly possesses shall clearly possess a broad knowledge of the
   80  administrative, financial, and technical aspects of the
   81  development, operation, and regulation of transportation systems
   82  and facilities or comparable systems and facilities. The
   83  secretary must be a professional engineer licensed under chapter
   84  471 or the laws of another state or, in lieu of such licensure,
   85  must hold an advanced degree in a related discipline, such as a
   86  Master of Business Administration, or have 10 years of relevant
   87  experience.
   88         (d)(c) The secretary shall provide to the Florida
   89  Transportation Commission or its staff, such assistance,
   90  information, and documents as are requested by the commission or
   91  its staff to enable the commission to fulfill its duties and
   92  responsibilities.
   93         (e)(d) The secretary may appoint up to three assistant
   94  secretaries who shall be directly responsible to the secretary
   95  and who shall perform such duties as are assigned by the
   96  secretary. The secretary shall designate to an assistant
   97  secretary the duties related to enhancing economic prosperity,
   98  including, but not limited to, the responsibility of liaising
   99  liaison with the head of economic development in the Executive
  100  Office of the Governor. This Such assistant secretary is shall
  101  be directly responsible for providing the Executive Office of
  102  the Governor with investment opportunities and transportation
  103  projects that expand the state’s role as a global hub for trade
  104  and investment and enhance the supply chain system in the state
  105  to process, assemble, and ship goods to markets throughout the
  106  eastern United States, Canada, the Caribbean, and Latin America.
  107  The secretary may delegate to any assistant secretary the
  108  authority to act in the absence of the secretary.
  109         (f)(e) Any secretary appointed after July 5, 1989, and the
  110  assistant secretaries are shall be exempt from the provisions of
  111  part III of chapter 110 and must shall receive compensation that
  112  is commensurate with their qualifications and competitive with
  113  compensation for comparable responsibility in the private
  114  sector.
  115         Section 2. Paragraph (d) of subsection (7) of section
  116  112.061, Florida Statutes, is amended to read:
  117         112.061 Per diem and travel expenses of public officers,
  118  employees, and authorized persons.—
  119         (7) TRANSPORTATION.—
  120         (d)1. The use of privately owned vehicles for official
  121  travel in lieu of publicly owned vehicles or common carriers may
  122  be authorized by the agency head or his or her designee.
  123  Whenever travel is by privately owned vehicle:
  124         a. A traveler shall be entitled to a mileage allowance at a
  125  rate of 44.5 cents per mile; or
  126         b. A traveler shall be entitled to the common carrier fare
  127  for such travel if determined by the agency head to be more
  128  economical.
  129         2. Reimbursement for expenditures related to the operation,
  130  maintenance, and ownership of a vehicle shall not be allowed
  131  when privately owned vehicles are used on public business and
  132  reimbursement is made pursuant to this paragraph, except as
  133  provided in subsection (8).
  134         3. All mileage shall be shown from point of origin to point
  135  of destination and, when possible, shall be computed on the
  136  basis of the most commonly used maps current map of the
  137  Department of Transportation. Vicinity mileage necessary for the
  138  conduct of official business is allowable but must be shown as a
  139  separate item on the expense voucher.
  140         Section 3. Paragraph (a) of subsection (4) of section
  141  334.046, Florida Statutes, is amended to read:
  142         334.046 Department mission, goals, and objectives.—
  143         (4) At a minimum, the department’s goals shall address the
  144  following prevailing principles.
  145         (a) Preservation.—Protecting the state’s transportation
  146  infrastructure investment. Preservation includes:
  147         1. Ensuring that 80 percent of the pavement on the State
  148  Highway System meets department standards and, by the end of
  149  fiscal year 2023, ensuring that 80 percent of the pavement in
  150  each of the department’s districts meets the department
  151  standards;
  152         2. Ensuring that 90 percent of department-maintained
  153  bridges meets meet department standards; and
  154         3. Ensuring that the department achieves 100 percent of the
  155  acceptable maintenance standard on the state highway system.
  156         Section 4. Section 334.179, Florida Statutes, is created to
  157  read:
  158         334.179 Department standards or specifications for
  159  permissible use of aggregates and materials.—Notwithstanding any
  160  law, rule, or ordinance to the contrary, a local government may
  161  not adopt standards or specifications that are contrary to the
  162  department standards or specifications for permissible use of
  163  aggregates and materials that have been certified for use. For
  164  purposes of this section, “certified for use” means that the
  165  aggregates and materials have been approved for use by the
  166  department through its certification program.
  167         Section 5. Subsection (1) of section 337.14, Florida
  168  Statutes, is amended to read:
  169         337.14 Application for qualification; certificate of
  170  qualification; restrictions; request for hearing.—
  171         (1) Any contractor person desiring to bid for the
  172  performance of any construction contract in excess of $250,000
  173  which the department proposes to let must first be certified by
  174  the department as qualified pursuant to this section and rules
  175  of the department. The rules of the department must shall
  176  address the qualification of contractors persons to bid on
  177  construction contracts in excess of $250,000 and must shall
  178  include requirements with respect to the equipment, past record,
  179  experience, financial resources, and organizational personnel of
  180  the applying contractor which are applicant necessary to perform
  181  the specific class of work for which the contractor person seeks
  182  certification. Any contractor desiring to bid on contracts in
  183  excess of $50 million must have satisfactorily completed two
  184  projects, each in excess of $25 million, for the department or
  185  for any other state department of transportation. The department
  186  may limit the dollar amount of any contract upon which a
  187  contractor person is qualified to bid or the aggregate total
  188  dollar volume of contracts such contractor person is allowed to
  189  have under contract at any one time. Each applying contractor
  190  applicant seeking qualification to bid on construction contracts
  191  in excess of $250,000 shall furnish the department a statement
  192  under oath, on such forms as the department may prescribe,
  193  setting forth detailed information as required on the
  194  application. Each application for certification must shall be
  195  accompanied by the latest annual financial statement of the
  196  applying contractor applicant completed within the last 12
  197  months. If the application or the annual financial statement
  198  shows the financial condition of the applying contractor
  199  applicant more than 4 months prior to the date on which the
  200  application is received by the department, then an interim
  201  financial statement and an updated application must be submitted
  202  and be accompanied by an updated application. The interim
  203  financial statement must cover the period from the end date of
  204  the annual statement and must show the financial condition of
  205  the applying contractor applicant no more than 4 months prior to
  206  the date that the interim financial statement is received by the
  207  department. However, upon the request of by the applying
  208  contractor applicant, an application and accompanying annual or
  209  interim financial statement received by the department within 15
  210  days after either 4-month period under this subsection shall be
  211  considered timely. Each required annual or interim financial
  212  statement must be audited and accompanied by the opinion of a
  213  certified public accountant. An applying contractor applicant
  214  desiring to bid exclusively for the performance of construction
  215  contracts with proposed budget estimates of less than $1 million
  216  may submit reviewed annual or reviewed interim financial
  217  statements prepared by a certified public accountant. The
  218  information required by this subsection is confidential and
  219  exempt from the provisions of s. 119.07(1). The department shall
  220  act upon the application for qualification within 30 days after
  221  the department determines that the application is complete. The
  222  department may waive the requirements of this subsection for
  223  projects having a contract price of $500,000 or less if the
  224  department determines that the project is of a noncritical
  225  nature and the waiver will not endanger public health, safety,
  226  or property.
  227         Section 6. Subsection (2) of section 337.18, Florida
  228  Statutes, is amended to read:
  229         337.18 Surety bonds for construction or maintenance
  230  contracts; requirement with respect to contract award; bond
  231  requirements; defaults; damage assessments.—
  232         (2) The department shall provide in its contracts for the
  233  determination of default on the part of any contractor for cause
  234  attributable to such contractor. The department shall have no
  235  liability for anticipated profits for unfinished work on a
  236  contract which has been determined to be in default. Every
  237  contract let by the department for the performance of work must
  238  shall contain a provision for payment to the department by the
  239  contractor of liquidated damages due to failure of the
  240  contractor to complete the contract work within the time
  241  stipulated in the contract or within such additional time as may
  242  have been granted by the department. The contractual provision
  243  must shall include a reasonable estimate of the damages that
  244  would be incurred by the department as a result of such failure.
  245  The department shall establish a schedule of daily liquidated
  246  damage charges, based on original contract amounts, for
  247  construction contracts entered into by the department, which
  248  schedule must shall be incorporated by reference into the
  249  contract. The schedule shall include a reduction of the daily
  250  liquidated damage charges to construction engineering and
  251  inspection costs when traffic is in its final configuration and
  252  the project is functional for its intended purpose. The
  253  department shall update the schedule of liquidated damages at
  254  least once every 2 years, but no more often than once a year.
  255  The schedule must shall, at a minimum, be based on the average
  256  construction, engineering, and inspection costs experienced by
  257  the department on contracts over the 2 preceding fiscal years.
  258  The schedule must shall also include anticipated costs of
  259  project-related delays and inconveniences to the department and
  260  traveling public. Anticipated costs may include, but are not
  261  limited to, road user costs, a portion of the projected revenues
  262  that will be lost due to failure to timely open a project to
  263  revenue-producing traffic, costs resulting from retaining
  264  detours for an extended time, and other similar costs. Any such
  265  liquidated damages paid to the department must shall be
  266  deposited to the credit of the fund from which payment for the
  267  work contracted was authorized.
  268         Section 7. Subsection (1) of section 337.185, Florida
  269  Statutes, is amended to read:
  270         337.185 State Arbitration Board.—
  271         (1) To facilitate the prompt settlement of claims for
  272  additional compensation arising out of construction and
  273  maintenance contracts between the department and the various
  274  contractors with whom it transacts business, the Legislature
  275  does hereby establish the State Arbitration Board, referred to
  276  in this section as the “board.” For the purpose of this section,
  277  the term “claim” means the aggregate of all outstanding claims
  278  by a party arising out of a construction or maintenance
  279  contract. Every contractual claim in an amount up to $250,000
  280  per contract or, at the claimant’s option, up to $1 million
  281  $500,000 per contract or, upon agreement of the parties, up to
  282  $2 million $1 million per contract which that cannot be resolved
  283  by negotiation between the department and the contractor must
  284  shall be arbitrated by the board after acceptance of the project
  285  by the department. As an exception, either party to the dispute
  286  may request that the claim be submitted to binding private
  287  arbitration. A court of law may not consider the settlement of
  288  such a claim until the process established by this section has
  289  been exhausted.
  290         Section 8. Present subsections (5), (6), and (7) of section
  291  338.166, Florida Statutes, are renumbered as subsections (6),
  292  (7), and (8), respectively, and a new subsection (5) is added to
  293  that section, to read:
  294         338.166 High-occupancy toll lanes or express lanes.—
  295         (5) The department may not use toll revenue from the high
  296  occupancy toll lanes or express lanes to offset funding that the
  297  facilities would use if the facilities were not high-occupancy
  298  toll lanes or express lanes.
  299         Section 9. Paragraph (a) of subsection (4) of section
  300  339.135, Florida Statutes, is amended to read:
  301         339.135 Work program; legislative budget request;
  302  definitions; preparation, adoption, execution, and amendment.—
  304         (a)1. To assure that no district or county is penalized for
  305  local efforts to improve the State Highway System, the
  306  department shall, for the purpose of developing a tentative work
  307  program, allocate funds for new construction to the districts,
  308  except for the turnpike enterprise, based on equal parts of
  309  population and motor fuel tax collections. Funds for
  310  resurfacing, bridge repair and rehabilitation, bridge fender
  311  system construction or repair, public transit projects except
  312  public transit block grants as provided in s. 341.052, and other
  313  programs with quantitative needs assessments shall be allocated
  314  based on the results of these assessments. The department may
  315  not transfer any funds allocated to a district under this
  316  paragraph to any other district except as provided in subsection
  317  (7). Funds for public transit block grants shall be allocated to
  318  the districts pursuant to s. 341.052. Funds for the intercity
  319  bus program provided for under s. 5311(f) of the federal
  320  nonurbanized area formula program shall be administered and
  321  allocated directly to eligible bus carriers as defined in s.
  322  341.031(12) at the state level rather than the district. In
  323  order to provide state funding to support the intercity bus
  324  program provided for under provisions of the federal 5311(f)
  325  program, the department shall allocate an amount equal to the
  326  federal share of the 5311(f) program from amounts calculated
  327  pursuant to s. 206.46(3).
  328         2. Notwithstanding the provisions of subparagraph 1., the
  329  department shall allocate at least 75 50 percent of all
  330  transportation capacity funds, with the exception of funds
  331  allocated for the transit program and the surface transportation
  332  program attributable to areas with populations over 200,000, any
  333  new discretionary highway capacity funds to the Florida
  334  Strategic Intermodal System created pursuant to s. 339.61. Any
  335  remaining new discretionary highway capacity funds shall be
  336  allocated to the districts for new construction as provided in
  337  subparagraph 1. For the purposes of this subparagraph, the term
  338  “new discretionary highway capacity funds” means any funds
  339  available to the department above the prior year funding level
  340  for capacity improvements, which the department has the
  341  discretion to allocate to highway projects.
  342         Section 10. Paragraph (a) of subsection (3) of section
  343  339.65, Florida Statutes, is amended to read:
  344         339.65 Strategic Intermodal System highway corridors.—
  345         (3) The department shall adhere to the following policy
  346  guidelines in the development of Strategic Intermodal System
  347  highway corridors. The department shall:
  348         (a) Make capacity improvements to existing facilities where
  349  feasible to minimize costs and environmental impacts. Priority
  350  must be given to correcting or improving sections of interstate
  351  highway that experience unusually high accident rates. For a
  352  section of interstate highway that experiences high levels of
  353  both recurring and non-recurring congestion and in which non
  354  recurring congestion accounts for more than 75 percent of the
  355  total congestion of the section, project development and
  356  environmental studies must begin within 3 years after an
  357  analysis of the section is complete.
  358         Section 11. This act shall take effect July 1, 2019.