Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 7054
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Lee) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 398 and 399
    4  insert:
    5         Section 11. Subsection (7) of section 337.14, Florida
    6  Statutes, is amended to read:
    7         337.14 Application for qualification; certificate of
    8  qualification; restrictions; request for hearing.—
    9         (7)(a) A “contractor” as defined in s. 337.165(1)(d) or his
   10  or her “affiliate” as defined in s. 337.165(1)(a) qualified with
   11  the department under this section may not also qualify under s.
   12  287.055 or s. 337.105 to provide testing services, construction,
   13  engineering, and inspection services to the department. This
   14  limitation does not apply to any design-build prequalification
   15  under s. 337.11(7) and does not apply when the department
   16  otherwise determines by written order entered at least 30 days
   17  before advertisement that the limitation is not in the best
   18  interests of the public with respect to a particular contract
   19  for testing services, construction, engineering, and inspection
   20  services. This subsection does not authorize a contractor to
   21  provide testing services, or provide construction, engineering,
   22  and inspection services, to the department in connection with a
   23  construction contract under which the contractor is performing
   24  any work.
   25         (b) Notwithstanding any other provision of law to the
   26  contrary, for a project that is wholly or partially funded by
   27  the department and administered by a local governmental entity,
   28  except for a seaport listed in s. 311.09 or an airport as
   29  defined in s. 332.004, the entity performing design and
   30  construction engineering and inspection services may not be the
   31  same entity.
   32         1. By January 1, 2021, each seaport and airport shall adopt
   33  necessary controls for oversight and prevention of conflicts of
   34  interest when an entity is engaged to provide design services
   35  and to provide construction engineering and inspection services
   36  for the same seaport or airport project.
   37         2. Conflict of interest controls must, at a minimum,
   38  address:
   39         a. Conflict of interest guidance and policies for
   40  contracting entities.
   41         b. Conflict of interest identification, disclosure, and
   42  mitigation requirements for both the seaport or airport staff
   43  and the entity’s staff.
   44         c. Management and oversight resources and guidance.
   45         d. Monitoring and evaluating compliance with applicable
   46  federal and state laws and regulations.
   47         e. Training requirements and programs for seaport or
   48  airport staff and the entity’s staff on contract management.
   49         3. Conflict of interest controls required by subparagraphs
   50  1. and 2. shall be incorporated by reference into any contract
   51  entered into by a seaport or an airport under this paragraph.
   52  The contract must also clearly define each contracting party’s
   53  roles, responsibilities, and duties for a project.
   54         4. The requirements of this paragraph apply only to
   55  contracts executed after January 1, 2021, under which an entity
   56  is providing design services and construction engineering and
   57  inspection services on the same project.
   58         5. Upon the request of a seaport or an airport, the
   59  department may provide technical assistance in developing the
   60  conflict of interest controls required by this paragraph.
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Between lines 43 and 44
   65  insert:
   66         amending s. 337.14, F.S.; expanding an exception to a
   67         certain prohibition on contracting to include airport
   68         projects; requiring seaports and airports, by a
   69         specified date, to adopt conflict of interest
   70         controls; specifying requirements for such controls;
   71         requiring that such controls be incorporated by
   72         reference in certain contracts entered into by
   73         seaports and airports; providing applicability;
   74         authorizing the department to provide technical
   75         assistance upon the request of a seaport or an
   76         airport;