Florida Senate - 2021 CS for CS for SB 1194
By the Committees on Appropriations; and Transportation; and
Senator Hooper
576-04243-21 20211194c2
1 A bill to be entitled
2 An act relating to transportation; creating s.
3 177.107, F.S.; authorizing governing bodies of
4 municipalities and counties to abandon and convey
5 their interests in certain roads and rights-of-way
6 dedicated in a recorded residential subdivision plat
7 to community development districts under specified
8 conditions; specifying duties for community
9 development districts relating to such roads and
10 rights-of-way; providing for traffic control
11 jurisdiction of such roads; specifying that the
12 community development district has all rights, title,
13 and interest in such roads and rights-of-way upon
14 abandonment and conveyance; requiring community
15 development districts to thereafter hold such roads
16 and rights-of-way in trust; providing construction;
17 creating s. 287.05705, F.S.; providing that certain
18 governmental entities may not prohibit certain vendors
19 from responding to competitive solicitations of
20 certain contractual services; providing applicability;
21 amending s. 316.2397, F.S.; revising provisions
22 authorizing vehicles and equipment to show or display
23 flashing lights; amending s. 319.30, F.S.; revising
24 conditions under which insurance companies are
25 authorized to receive salvage certificates of title or
26 certificates of destruction for motor vehicles and
27 mobile homes from the Department of Highway Safety and
28 Motor Vehicles; amending s. 320.06, F.S.; clarifying
29 that certain rental vehicles are authorized to elect a
30 permanent registration period; amending s. 320.27,
31 F.S.; requiring motor vehicle dealer licensees to
32 deliver copies of renewed, continued, changed, or new
33 insurance policies to the department within specified
34 timeframes under certain conditions; requiring such
35 licensees to deliver copies of renewed, continued,
36 changed, or new surety bonds or irrevocable letters of
37 credit to the department within specified timeframes
38 under certain conditions; amending s. 337.025, F.S.;
39 revising the type of transportation project contracts
40 that are subject to an annual cap; creating s.
41 337.0262, F.S.; prohibiting the Department of
42 Transportation and contractors and subcontractors of
43 the department from purchasing specified substances
44 from a borrow pit unless specified conditions are
45 satisfied; requiring certain contracts, subcontracts,
46 and purchase orders to require compliance with the
47 prohibition; requiring the department to cease
48 acceptance of substances from a borrow pit under
49 certain conditions; authorizing the department to
50 resume acceptance of such substances under certain
51 conditions; amending s. 337.14, F.S.; requiring
52 contractors wishing to bid on certain contracts to
53 first be certified by the department as qualified;
54 revising requirements for applying for and issuing a
55 certificate of qualification; providing construction
56 with respect to submission and approval of an
57 application for such certificate; exempting airports
58 from certain restrictions regarding entities
59 performing engineering and inspection services;
60 amending s. 337.185, F.S.; revising and providing
61 definitions; revising requirements for arbitration of
62 certain contracts by the State Arbitration Board;
63 revising requirements regarding arbitration requests,
64 hearings, procedures, and awards; revising membership
65 and meeting requirements; revising compensation of
66 board members; amending s. 338.166, F.S.; requiring
67 that specified toll revenue be used to support certain
68 public transportation projects; amending s. 339.175,
69 F.S.; deleting a provision prohibiting certain
70 metropolitan planning organizations from assessing any
71 fees for municipalities, counties, or other
72 governmental entities that are members of the
73 organization; repealing part III of ch. 343, F.S.,
74 relating to the creation and operation of the
75 Northwest Florida Transportation Corridor Authority;
76 amending s. 348.754, F.S.; prohibiting the Central
77 Florida Expressway Authority from constructing any
78 extensions, additions, or improvements to the Central
79 Florida Expressway System in Lake County without prior
80 consultation with, rather than consent of, the
81 Secretary of Transportation; amending s. 349.04, F.S.;
82 revising a limitation on the terms of leases that the
83 Jacksonville Transportation Authority may enter into
84 and make; amending s. 378.403, F.S.; defining the term
85 “borrow pit”; amending s. 378.801, F.S.; prohibiting
86 operation of a borrow pit at a new location without
87 notifying the Secretary of Environmental Protection of
88 the intent to extract; conforming provisions to
89 changes made by the act; amending s. 378.802, F.S.;
90 revising application of provisions to exclude existing
91 locations; amending s. 479.07, F.S.; requiring the
92 department to create and implement a publicly
93 accessible electronic database for sign permit
94 information; specifying requirements for the database;
95 prohibiting the department from furnishing permanent
96 metal permit tags or replacement tags and from
97 enforcing specified provisions once the department
98 creates and implements the database; specifying that
99 permittees are not required to return permit tags to
100 the department once the department creates and
101 implements the database; dissolving the Northwest
102 Florida Transportation Corridor Authority and
103 requiring the authority to discharge its liabilities,
104 settle and close its activities and affairs, and
105 provide for the distribution of the authority’s
106 assets; providing an effective date.
107
108 Be It Enacted by the Legislature of the State of Florida:
109
110 Section 1. Section 177.107, Florida Statutes, is created to
111 read:
112 177.107 Closing and abandonment of roads; optional
113 conveyance to a community development district; traffic control
114 jurisdiction.—
115 (1) The governing body of a municipality or county may
116 abandon the roads and rights-of-way dedicated in a recorded
117 residential subdivision plat and simultaneously convey the
118 municipality’s or county’s interest in such roads, rights-of
119 way, and appurtenant drainage facilities to a community
120 development district established under chapter 190 in which the
121 subdivision is located, if all of the following conditions are
122 met:
123 (a) The community development district has requested the
124 abandonment and conveyance by written resolution for the purpose
125 of converting the subdivision to a gated neighborhood with
126 monitored public access.
127 (b) The community development district has received
128 approval for the conveyance by a vote of two-thirds of the
129 landowners who are subject to the non-ad valorem assessments of
130 the community development district and who are present by person
131 or proxy at a properly noticed landowners meeting.
132 (c) The community development district has executed an
133 interlocal agreement with the municipality or county, as
134 applicable, requiring the community development district to do
135 all of the following:
136 1. Maintain the roads and any associated drainage, street
137 lighting, or sidewalks identified in the interlocal agreement to
138 municipal or county standards, as applicable.
139 2. Every 5 years, conduct a reserve study of the roads and
140 any associated drainage, street lighting, or sidewalks
141 identified in the interlocal agreement.
142 3. Levy annual special assessments in amounts sufficient to
143 maintain the roads and any drainage, street lighting, or
144 sidewalks identified in the interlocal agreement to municipal or
145 county standards, as applicable.
146 4. Annually fund the amounts set forth in the reserve
147 study.
148 (2) The community development district shall install,
149 operate, maintain, repair, and replace all signs, signals,
150 markings, striping, guardrails, and other traffic control
151 devices necessary or useful for the roads unless an agreement
152 has been entered into between the municipality or county and the
153 community development district, as authorized under s.
154 316.006(2)(b) and (3)(b), respectively, expressly providing that
155 the municipality or county has traffic control jurisdiction.
156 (3) Upon abandonment of the roads and rights-of-way and the
157 conveyance thereof to the community development district, the
158 community development district shall have all the rights, title,
159 and interest in the roads and rights-of-way, including all
160 appurtenant drainage facilities, as were previously vested in
161 the municipality or county. Thereafter, the community
162 development district shall hold the roads and rights-of-way in
163 trust for the benefit of the public and owners of the property
164 in the subdivision and shall operate, maintain, repair, and from
165 time to time replace and reconstruct the roads and any
166 associated street lighting, sidewalks, or drainage facilities
167 identified in the interlocal agreement as necessary to ensure
168 their use and enjoyment by the public and property owners,
169 tenants, and residents of the subdivision and their guests and
170 invitees.
171 (4) The provisions of this section are supplemental and
172 additional to the powers of municipalities and counties.
173 Section 2. Section 287.05705, Florida Statutes, is created
174 to read:
175 287.05705 Procurements of road, bridge, and other specified
176 public construction services.—
177 (1) With respect to competitive solicitations for the
178 procurement of contractual services that are limited to the
179 classes of work for which the Department of Transportation
180 issues certificates of qualification pursuant to s. 337.14, and
181 which services do not involve the construction, remodeling,
182 repair, or improvement of any building, a governmental entity
183 procuring such services may not prohibit a response from a
184 vendor possessing a valid certificate of qualification under s.
185 337.14 or license under chapter 489 corresponding to the
186 contractual services being procured.
187 (2) This section applies to all competitive solicitations
188 issued by a governmental entity on or after October 1, 2021.
189 Section 3. Subsections (5) and (7) of section 316.2397,
190 Florida Statutes, are amended to read:
191 316.2397 Certain lights prohibited; exceptions.—
192 (5) Road maintenance and construction equipment and
193 vehicles may display flashing white lights or flashing white
194 strobe lights when in operation and where a hazard exists.
195 Construction equipment in a work zone on roadways with a posted
196 speed limit of 55 miles per hour or higher may show or display a
197 combination of flashing green, amber, and red lights in
198 conjunction with periods when workers are present. Additionally,
199 school buses and vehicles that are used to transport farm
200 workers may display flashing white strobe lights.
201 (7) Flashing lights are prohibited on vehicles except:
202 (a) As a means of indicating a right or left turn, to
203 change lanes, or to indicate that the vehicle is lawfully
204 stopped or disabled upon the highway;
205 (b) When a motorist intermittently flashes his or her
206 vehicle’s headlamps at an oncoming vehicle notwithstanding the
207 motorist’s intent for doing so;
208 (c) During periods of extremely low visibility on roadways
209 with a posted speed limit of 55 miles per hour or higher; and
210 (d)(c) For the lamps authorized under subsections (1), (2),
211 (3), (4), and (9), s. 316.2065, or s. 316.235(6) which may
212 flash.
213 Section 4. Paragraph (b) of subsection (3) of section
214 319.30, Florida Statutes, is amended to read:
215 319.30 Definitions; dismantling, destruction, change of
216 identity of motor vehicle or mobile home; salvage.—
217 (3)
218 (b) The owner, including persons who are self-insured, of a
219 motor vehicle or mobile home that is considered to be salvage
220 shall, within 72 hours after the motor vehicle or mobile home
221 becomes salvage, forward the title to the motor vehicle or
222 mobile home to the department for processing. However, an
223 insurance company that pays money as compensation for the total
224 loss of a motor vehicle or mobile home shall obtain the
225 certificate of title for the motor vehicle or mobile home, make
226 the required notification to the National Motor Vehicle Title
227 Information System, and, within 72 hours after receiving such
228 certificate of title, forward such title by the United States
229 Postal Service, by another commercial delivery service, or by
230 electronic means, when such means are made available by the
231 department, to the department for processing. The owner or
232 insurance company, as applicable, may not dispose of a vehicle
233 or mobile home that is a total loss before it obtains a salvage
234 certificate of title or certificate of destruction from the
235 department. Effective January 1, 2020:
236 1. Thirty days after payment of a claim for compensation
237 pursuant to this paragraph, the insurance company may receive a
238 salvage certificate of title or certificate of destruction from
239 the department if the insurance company is unable to obtain a
240 properly assigned certificate of title from the owner or
241 lienholder of the motor vehicle or mobile home, if the motor
242 vehicle or mobile home does not carry an electronic lien on the
243 title and the insurance company:
244 a. Has obtained the release of all liens on the motor
245 vehicle or mobile home;
246 b. Has attested on a form provided by the department that
247 provided proof of payment of the total loss claim has been
248 distributed; and
249 c. Has attested on a form provided by the department and
250 provided an affidavit on letterhead signed by the insurance
251 company or its authorized agent stating the attempts that have
252 been made to obtain the title from the owner or lienholder and
253 further stating that all attempts are to no avail. The form
254 affidavit must include a request that the salvage certificate of
255 title or certificate of destruction be issued in the insurance
256 company’s name due to payment of a total loss claim to the owner
257 or lienholder. The attempts to contact the owner may be by
258 written request delivered in person or by first-class mail with
259 a certificate of mailing to the owner’s or lienholder’s last
260 known address.
261 2. If the owner or lienholder is notified of the request
262 for title in person, the insurance company must provide an
263 affidavit attesting to the in-person request for a certificate
264 of title.
265 3. The request to the owner or lienholder for the
266 certificate of title must include a complete description of the
267 motor vehicle or mobile home and the statement that a total loss
268 claim has been paid on the motor vehicle or mobile home.
269 Section 5. Paragraph (b) of subsection (1) of section
270 320.06, Florida Statutes, as amended by section 1 of chapter
271 2020-181, Laws of Florida, is amended to read:
272 320.06 Registration certificates, license plates, and
273 validation stickers generally.—
274 (1)
275 (b)1. Registration license plates bearing a graphic symbol
276 and the alphanumeric system of identification shall be issued
277 for a 10-year period. At the end of the 10-year period, upon
278 renewal, the plate shall be replaced. The department shall
279 extend the scheduled license plate replacement date from a 6
280 year period to a 10-year period. The fee for such replacement is
281 $28, $2.80 of which shall be paid each year before the plate is
282 replaced, to be credited toward the next $28 replacement fee.
283 The fees shall be deposited into the Highway Safety Operating
284 Trust Fund. A credit or refund may not be given for any prior
285 years’ payments of the prorated replacement fee if the plate is
286 replaced or surrendered before the end of the 10-year period,
287 except that a credit may be given if a registrant is required by
288 the department to replace a license plate under s.
289 320.08056(8)(a). With each license plate, a validation sticker
290 shall be issued showing the owner’s birth month, license plate
291 number, and the year of expiration or the appropriate renewal
292 period if the owner is not a natural person. The validation
293 sticker shall be placed on the upper right corner of the license
294 plate. The license plate and validation sticker shall be issued
295 based on the applicant’s appropriate renewal period. The
296 registration period is 12 months, the extended registration
297 period is 24 months, and all expirations occur based on the
298 applicant’s appropriate registration period. Rental vehicles
299 taxed pursuant to s. 320.08(6)(a) may elect a permanent
300 registration period, provided payment of the appropriate license
301 taxes and fees occurs annually. A vehicle that has an
302 apportioned registration shall be issued an annual license plate
303 and a cab card that denote the declared gross vehicle weight for
304 each apportioned jurisdiction in which the vehicle is authorized
305 to operate.
306 2. In order to retain the efficient administration of the
307 taxes and fees imposed by this chapter, the 80-cent fee increase
308 in the replacement fee imposed by chapter 2009-71, Laws of
309 Florida, is negated as provided in s. 320.0804.
310 Section 6. Subsection (3) and paragraph (a) of subsection
311 (10) of section 320.27, Florida Statutes, are amended to read:
312 320.27 Motor vehicle dealers.—
313 (3) APPLICATION AND FEE.—The application for the license
314 shall be in such form as may be prescribed by the department and
315 shall be subject to such rules with respect thereto as may be so
316 prescribed by it. Such application shall be verified by oath or
317 affirmation and shall contain a full statement of the name and
318 birth date of the person or persons applying therefor; the name
319 of the firm or copartnership, with the names and places of
320 residence of all members thereof, if such applicant is a firm or
321 copartnership; the names and places of residence of the
322 principal officers, if the applicant is a body corporate or
323 other artificial body; the name of the state under whose laws
324 the corporation is organized; the present and former place or
325 places of residence of the applicant; and prior business in
326 which the applicant has been engaged and the location thereof.
327 Such application shall describe the exact location of the place
328 of business and shall state whether the place of business is
329 owned by the applicant and when acquired, or, if leased, a true
330 copy of the lease shall be attached to the application. The
331 applicant shall certify that the location provides an adequately
332 equipped office and is not a residence; that the location
333 affords sufficient unoccupied space upon and within which
334 adequately to store all motor vehicles offered and displayed for
335 sale; and that the location is a suitable place where the
336 applicant can in good faith carry on such business and keep and
337 maintain books, records, and files necessary to conduct such
338 business, which shall be available at all reasonable hours to
339 inspection by the department or any of its inspectors or other
340 employees. The applicant shall certify that the business of a
341 motor vehicle dealer is the principal business which shall be
342 conducted at that location. The application shall contain a
343 statement that the applicant is either franchised by a
344 manufacturer of motor vehicles, in which case the name of each
345 motor vehicle that the applicant is franchised to sell shall be
346 included, or an independent (nonfranchised) motor vehicle
347 dealer. The application shall contain other relevant information
348 as may be required by the department, including evidence that
349 the applicant is insured under a garage liability insurance
350 policy or a general liability insurance policy coupled with a
351 business automobile policy, which shall include, at a minimum,
352 $25,000 combined single-limit liability coverage including
353 bodily injury and property damage protection and $10,000
354 personal injury protection. However, a salvage motor vehicle
355 dealer as defined in subparagraph (1)(c)5. is exempt from the
356 requirements for garage liability insurance and personal injury
357 protection insurance on those vehicles that cannot be legally
358 operated on roads, highways, or streets in this state. Franchise
359 dealers must submit a garage liability insurance policy, and all
360 other dealers must submit a garage liability insurance policy or
361 a general liability insurance policy coupled with a business
362 automobile policy. Such policy shall be for the license period,
363 and evidence of a new or continued policy shall be delivered to
364 the department at the beginning of each license period. A
365 licensee shall deliver to the department, in the manner
366 prescribed by the department, within 10 calendar days after any
367 renewal or continuation of or change in such policy or within 10
368 calendar days after any issuance of a new policy, a copy of the
369 renewed, continued, changed, or new policy. Upon making initial
370 application, the applicant shall pay to the department a fee of
371 $300 in addition to any other fees required by law. Applicants
372 may choose to extend the licensure period for 1 additional year
373 for a total of 2 years. An initial applicant shall pay to the
374 department a fee of $300 for the first year and $75 for the
375 second year, in addition to any other fees required by law. An
376 applicant for renewal shall pay to the department $75 for a 1
377 year renewal or $150 for a 2-year renewal, in addition to any
378 other fees required by law. Upon making an application for a
379 change of location, the person shall pay a fee of $50 in
380 addition to any other fees now required by law. The department
381 shall, in the case of every application for initial licensure,
382 verify whether certain facts set forth in the application are
383 true. Each applicant, general partner in the case of a
384 partnership, or corporate officer and director in the case of a
385 corporate applicant, must file a set of fingerprints with the
386 department for the purpose of determining any prior criminal
387 record or any outstanding warrants. The department shall submit
388 the fingerprints to the Department of Law Enforcement for state
389 processing and forwarding to the Federal Bureau of Investigation
390 for federal processing. The actual cost of state and federal
391 processing shall be borne by the applicant and is in addition to
392 the fee for licensure. The department may issue a license to an
393 applicant pending the results of the fingerprint investigation,
394 which license is fully revocable if the department subsequently
395 determines that any facts set forth in the application are not
396 true or correctly represented.
397 (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
398 (a) Annually, before any license shall be issued to a motor
399 vehicle dealer, the applicant-dealer of new or used motor
400 vehicles shall deliver to the department a good and sufficient
401 surety bond or irrevocable letter of credit, executed by the
402 applicant-dealer as principal, in the sum of $25,000. A licensee
403 shall deliver to the department, in the manner prescribed by the
404 department, within 10 calendar days after any renewal or
405 continuation of or change in such surety bond or irrevocable
406 letter of credit or within 10 calendar days after any issuance
407 of a new surety bond or irrevocable letter of credit, a copy of
408 such renewed, continued, changed, or new surety bond or
409 irrevocable letter of credit.
410 Section 7. Section 337.025, Florida Statutes, is amended to
411 read:
412 337.025 Innovative transportation projects; department to
413 establish program.—
414 (1) The department may establish a program for
415 transportation projects demonstrating innovative techniques of
416 highway and bridge design, construction, maintenance, and
417 finance which have the intended effect of measuring resiliency
418 and structural integrity and controlling time and cost increases
419 on construction projects. Such techniques may include, but are
420 not limited to, state-of-the-art technology for pavement,
421 safety, and other aspects of highway and bridge design,
422 construction, and maintenance; innovative bidding and financing
423 techniques; accelerated construction procedures; and those
424 techniques that have the potential to reduce project life cycle
425 costs. To the maximum extent practical, the department must use
426 the existing process to award and administer construction and
427 maintenance contracts. When specific innovative techniques are
428 to be used, the department is not required to adhere to those
429 provisions of law that would prevent, preclude, or in any way
430 prohibit the department from using the innovative technique.
431 However, before using an innovative technique that is
432 inconsistent with another provision of law, the department must
433 document in writing the need for the exception and identify what
434 benefits the traveling public and the affected community are
435 anticipated to receive. The department may enter into no more
436 than $120 million in contracts awarded annually for the purposes
437 authorized by this section.
438 (2) The annual cap on contracts provided in subsection (1)
439 does shall not apply to:
440 (a) Turnpike enterprise projects, and turnpike enterprise
441 projects shall not be counted toward the department’s annual
442 cap.
443 (b) Low-bid design-build milling and resurfacing contracts
444 Transportation projects funded by the American Recovery and
445 Reinvestment Act of 2009.
446 Section 8. Section 337.0262, Florida Statutes, is created
447 to read:
448 337.0262 Purchase and use of clay, peat, gravel, sand, or
449 any other solid substance extracted from borrow pits.—
450 (1) The department, and any contractor or subcontractor of
451 the department, may not purchase or use any clay, peat, gravel,
452 sand, or other solid substance extracted from a borrow pit as
453 defined in s. 378.403 unless:
454 (a) Certification is provided to the department,
455 contractor, or subcontractor by the operator of the borrow pit
456 that it is in compliance with the notice requirements and
457 substantive requirements of s. 378.801; and
458 (b) The operator of the borrow pit is in compliance with
459 the performance standards in s. 378.803, including, but not
460 limited to, providing proof of currently valid permits required
461 by the Department of Environmental Protection and the
462 appropriate water management district.
463 (2) All contracts and purchase orders executed by the
464 department, and all subcontracts and purchase orders executed by
465 contractors or subcontractors after July 1, 2021, must include
466 specific requirements for compliance with this section.
467 (3) In the event that the department determines that
468 substances are being obtained and used from a borrow pit that is
469 not in compliance with this section, the department must cease
470 to accept any substances from that borrow pit within 48 hours
471 after such determination. The department may resume acceptance
472 of substances from the borrow pit once the borrow pit is in
473 compliance with this section.
474 Section 9. Subsections (1), (4), and (7) of section 337.14,
475 Florida Statutes, are amended to read:
476 337.14 Application for qualification; certificate of
477 qualification; restrictions; request for hearing.—
478 (1) Any contractor desiring to bid for the performance of
479 any construction contract in excess of $250,000 which the
480 department proposes to let must first be certified by the
481 department as qualified pursuant to this section and rules of
482 the department. The rules of the department must address the
483 qualification of contractors to bid on construction contracts in
484 excess of $250,000 and must include requirements with respect to
485 the equipment, past record, experience, financial resources, and
486 organizational personnel of the applying contractor which are
487 necessary to perform the specific class of work for which the
488 contractor seeks certification. Any contractor who desires to
489 bid on contracts in excess of $50 million and who is not
490 qualified and in good standing with the department as of January
491 1, 2019, must first be certified by the department as qualified
492 and desires to bid on contracts in excess of $50 million must
493 have satisfactorily completed two projects, each in excess of
494 $15 million, for the department or for any other state
495 department of transportation. The department may limit the
496 dollar amount of any contract upon which a contractor is
497 qualified to bid or the aggregate total dollar volume of
498 contracts such contractor is allowed to have under contract at
499 any one time. Each applying contractor seeking qualification to
500 bid on construction contracts in excess of $250,000 shall
501 furnish the department a statement under oath, on such forms as
502 the department may prescribe, setting forth detailed information
503 as required on the application. Each application for
504 certification must be accompanied by audited, certified
505 financial statements prepared in accordance with generally
506 accepted accounting principles and auditing standards by a
507 certified public accountant licensed in this state or another
508 state. The audited, certified financial statements must be for
509 the applying contractor and must have been prepared the latest
510 annual financial statement of the applying contractor completed
511 within the immediately preceding last 12 months. The department
512 may not consider any financial information of the parent entity
513 of the applying contractor, if any. The department may not
514 certify as qualified any applying contractor who fails to submit
515 the audited, certified financial statements required by this
516 subsection. If the application or the annual financial statement
517 shows the financial condition of the applying contractor more
518 than 4 months before prior to the date on which the application
519 is received by the department, the applicant must also submit an
520 interim audited, certified financial statements prepared in
521 accordance with generally accepted accounting principles and
522 auditing standards by a certified public accountant licensed in
523 this state or another state statement and an updated application
524 must be submitted. The interim financial statements statement
525 must cover the period from the end date of the annual statement
526 and must show the financial condition of the applying contractor
527 no more than 4 months before prior to the date that the interim
528 financial statements are statement is received by the
529 department. However, upon the request of the applying
530 contractor, an application and accompanying annual or interim
531 financial statement received by the department within 15 days
532 after either 4-month period under this subsection shall be
533 considered timely. Each required annual or interim financial
534 statement must be audited and accompanied by the opinion of a
535 certified public accountant. An applying contractor desiring to
536 bid exclusively for the performance of construction contracts
537 with proposed budget estimates of less than $1 million may
538 submit reviewed annual or reviewed interim financial statements
539 prepared by a certified public accountant. The information
540 required by this subsection is confidential and exempt from s.
541 119.07(1). The department shall act upon the application for
542 qualification within 30 days after the department determines
543 that the application is complete. The department may waive the
544 requirements of this subsection for projects having a contract
545 price of $500,000 or less if the department determines that the
546 project is of a noncritical nature and the waiver will not
547 endanger public health, safety, or property.
548 (4) If the applicant is found to possess the prescribed
549 qualifications, the department shall issue to him or her a
550 certificate of qualification that, unless thereafter revoked by
551 the department for good cause, will be valid for a period of 18
552 months after the date of the applicant’s financial statement or
553 such shorter period as the department prescribes. Submission of
554 an application and subsequent approval do shall not affect
555 expiration of the certificate of qualification, the ability
556 factor of the applicant, or the maximum capacity rating of the
557 applicant. If the department finds that an application is
558 incomplete or contains inadequate information or information
559 that cannot be verified, the department may request in writing
560 that the applicant provide the necessary information to complete
561 the application or provide the source from which any information
562 in the application may be verified. If the applicant fails to
563 comply with the initial written request within a reasonable
564 period of time as specified therein, the department shall
565 request the information a second time. If the applicant fails to
566 comply with the second request within a reasonable period of
567 time as specified therein, the application shall be denied.
568 (7) A “contractor” as defined in s. 337.165(1)(d) or his or
569 her “affiliate” as defined in s. 337.165(1)(a) qualified with
570 the department under this section may not also qualify under s.
571 287.055 or s. 337.105 to provide testing services, construction,
572 engineering, and inspection services to the department. This
573 limitation does not apply to any design-build prequalification
574 under s. 337.11(7) and does not apply when the department
575 otherwise determines by written order entered at least 30 days
576 before advertisement that the limitation is not in the best
577 interests of the public with respect to a particular contract
578 for testing services, construction, engineering, and inspection
579 services. This subsection does not authorize a contractor to
580 provide testing services, or provide construction, engineering,
581 and inspection services, to the department in connection with a
582 construction contract under which the contractor is performing
583 any work. Notwithstanding any other provision of law to the
584 contrary, for a project that is wholly or partially funded by
585 the department and administered by a local governmental entity,
586 except for a seaport listed in s. 311.09 or an airport as
587 defined in s. 332.004, the entity performing design and
588 construction engineering and inspection services may not be the
589 same entity.
590 Section 10. Section 337.185, Florida Statutes, is amended
591 to read:
592 (Substantial rewording of section. See
593 s. 337.185, F.S., for present text.)
594 337.185 State Arbitration Board.—
595 (1) To facilitate the prompt resolution of claims arising
596 out of or in connection with a construction or maintenance
597 contract with the department, the Legislature establishes the
598 State Arbitration Board, referred to in this section as the
599 “board.”
600 (2) As used in this section, the term:
601 (a) “Claim” means the aggregate of all outstanding written
602 requests for additional monetary compensation, time, or other
603 adjustments to the contract, the entitlement or impact of which
604 is disputed by the department and could not be resolved by
605 negotiation between the department and the contractor.
606 (b) “Contractor” means a person or firm having a contract
607 for rendering services to the department relating to the
608 construction or maintenance of a transportation facility.
609 (c) “Final acceptance” means that the contractor has
610 completely performed the work provided for under the contract,
611 the department or its agent has determined that the contractor
612 has satisfactorily completed the work provided for under the
613 contract, and the department or its agent has submitted written
614 notice of final acceptance to the contractor.
615 (3) Every claim in an amount of up to $250,000 per contract
616 that could not be resolved by negotiation between the department
617 and the contractor must be arbitrated by the board. An award
618 issued by the board pursuant to this section is final and
619 enforceable by a court of law.
620 (4) The contractor may submit a claim greater than $250,000
621 up to $1 million per contract or, upon agreement of the parties,
622 up to $2 million per contract to be arbitrated by the board. An
623 award issued by the board pursuant to this subsection is final
624 if a request for a trial de novo is not filed within the time
625 provided by Rule 1.830, Florida Rules of Civil Procedure. At the
626 trial de novo, the court may not admit evidence that there has
627 been an arbitration proceeding, the nature or amount of the
628 award, or any other matter concerning the conduct of the
629 arbitration proceeding, except that testimony given at an
630 arbitration hearing may be used for any purpose otherwise
631 permitted by the Florida Evidence Code. If a request for trial
632 de novo is not filed within the time provided, the award issued
633 by the board is final and enforceable by a court of law.
634 (5) An arbitration request may not be made to the board
635 before final acceptance but must be made to the board within 820
636 days after final acceptance.
637 (6) The board shall schedule a hearing within 45 days after
638 an arbitration request and, if possible, shall conduct the
639 hearing within 90 days after the request. The board may
640 administer oaths and conduct the proceedings as provided by the
641 rules of the court. The hearing shall be conducted informally.
642 Presentation of testimony and evidence shall be kept to a
643 minimum, and matters shall be presented to the arbitrators
644 primarily through the statements and arguments of counsel. The
645 board shall address the scope of discovery, presentation of
646 testimony, and evidence at a preliminary hearing by considering
647 the size, subject matter, and complexity of the dispute. Any
648 party to the arbitration may petition the board, for good cause
649 shown, to issue subpoenas for the attendance of witnesses and
650 the production of books, records, documents, and other evidence
651 at the arbitration and may petition the board for orders
652 compelling such attendance and production at the arbitration.
653 Subpoenas shall be served and are enforceable in the manner
654 provided by law.
655 (7) The board must issue an award within 45 days after the
656 conclusion of the arbitration hearing. If all three members of
657 the board do not agree, the award agreed to by the majority
658 shall constitute the award of the board.
659 (8) The board shall be composed of three members. The first
660 member shall be appointed by the Secretary of Transportation,
661 and the second member shall be elected by those construction or
662 maintenance companies that are under contract with the
663 department. The third member shall be chosen by agreement of the
664 first and second members. If the first or second member has a
665 conflict of interest regarding affiliation with one of the
666 parties to an arbitration hearing, the appointing entity shall
667 appoint an alternate member for that hearing. If the third
668 member has such a conflict of interest, the first and second
669 members shall select an alternate member. Each member shall
670 serve a 4-year term. The board shall elect a chair for each
671 term, who shall be the administrator of the board and custodian
672 of its records.
673 (9) The presence of all board members is required to
674 conduct a meeting in person or via videoconferencing.
675 (10) The members of the board shall receive compensation
676 for the performance of their duties from deposits made by the
677 parties based on an estimate of compensation by the board,
678 except that an employee of the department may not receive
679 compensation from the board. All deposits will be held in escrow
680 by the chair in advance of the hearing. Each member eligible for
681 compensation shall be compensated at $200 per hour, up to a
682 maximum of $1,500 per day. A member shall be reimbursed for the
683 actual cost of his or her travel expenses. The board may
684 allocate funds annually for clerical and other administrative
685 services.
686 (11) To cover the cost of administration and initial
687 compensation of the board, the party requesting arbitration
688 shall pay a filing fee to the board, according to a schedule
689 established by the board, of:
690 (a) Up to $500 for a claim that is $25,000 or less.
691 (b) Up to $1,000 for a claim that is more than $25,000 but
692 is $50,000 or less.
693 (c) Up to $1,500 for a claim that is more than $50,000 but
694 is $100,000 or less.
695 (d) Up to $2,000 for a claim that is more than $100,000 but
696 is $200,000 or less.
697 (e) Up to $3,000 for a claim that is more than $200,000 but
698 is $300,000 or less.
699 (f) Up to $4,000 for a claim that is more than $300,000 but
700 is $400,000 or less.
701 (g) Up to $5,000 for a claim that is more than $400,000.
702
703 The board may apportion the filing fees and the cost of
704 recording and preparing a transcript of the hearing among the
705 parties in its award.
706 Section 11. Subsection (3) of section 338.166, Florida
707 Statutes, is amended to read:
708 338.166 High-occupancy toll lanes or express lanes.—
709 (3) Any remaining toll revenue from the high-occupancy toll
710 lanes or express lanes shall be used by the department for the
711 construction, maintenance, or improvement of any road or to
712 support public transportation projects that benefit the
713 operation of high-occupancy toll lanes or express lanes on the
714 State Highway System within the county or counties in which the
715 toll revenues were collected or to support express bus service
716 on the facility where the toll revenues were collected.
717 Section 12. Paragraph (f) of subsection (6) of section
718 339.175, Florida Statutes, is amended to read:
719 339.175 Metropolitan planning organization.—
720 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
721 privileges, and authority of an M.P.O. are those specified in
722 this section or incorporated in an interlocal agreement
723 authorized under s. 163.01. Each M.P.O. shall perform all acts
724 required by federal or state laws or rules, now and subsequently
725 applicable, which are necessary to qualify for federal aid. It
726 is the intent of this section that each M.P.O. shall be involved
727 in the planning and programming of transportation facilities,
728 including, but not limited to, airports, intercity and high
729 speed rail lines, seaports, and intermodal facilities, to the
730 extent permitted by state or federal law.
731 (f)1. The department shall allocate to each M.P.O., for the
732 purpose of accomplishing its transportation planning and
733 programming duties, an appropriate amount of federal
734 transportation planning funds.
735 2. In a county as defined in s. 125.011(1), the M.P.O. may
736 not assess any fees for municipalities, counties, or other
737 governmental entities that are members of the M.P.O.
738 Section 13. Part III of chapter 343, Florida Statutes,
739 consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
740 343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88,
741 343.881, 343.884, and 343.89, Florida Statutes, is repealed.
742 Section 14. Paragraph (c) of subsection (1) of section
743 348.754, Florida Statutes, is amended to read:
744 348.754 Purposes and powers.—
745 (1)
746 (c) Notwithstanding any other provision of this section to
747 the contrary, to ensure the continued financial feasibility of
748 the portion of the Wekiva Parkway to be constructed by the
749 department, the authority may not, without the prior
750 consultation with consent of the secretary of the department,
751 construct any extensions, additions, or improvements to the
752 expressway system in Lake County.
753 Section 15. Paragraph (d) of subsection (2) of section
754 349.04, Florida Statutes, is amended to read:
755 349.04 Purposes and powers.—
756 (2) The authority is hereby granted, and shall have and may
757 exercise all powers necessary, appurtenant, convenient, or
758 incidental to the carrying out of the aforesaid purposes,
759 including, but without being limited to, the right and power:
760 (d) To enter into and make leases for terms not exceeding
761 99 40 years, as either lessee or lessor, in order to carry out
762 the right to lease as set forth in this chapter.
763 Section 16. Present subsections (3) through (19) of section
764 378.403, Florida Statutes, are redesignated as subsections (4)
765 through (20), respectively, and a new subsection (3) is added to
766 that section, to read:
767 378.403 Definitions.—As used in this part, the term:
768 (3) “Borrow pit” means an area of land upon which
769 excavation of surface resources has been conducted, is being
770 conducted, or is planned to be conducted, as the term is
771 commonly used in the mining trade, and is not considered a mine.
772 Such resources are limited to soil, organic soil, sand, or clay
773 that can be removed with construction excavating equipment and
774 loaded on a haul truck with no additional processing.
775 Section 17. Section 378.801, Florida Statutes, is amended
776 to read:
777 378.801 Other resources; notice of intent to extract mine
778 required.—
779 (1) An No operator may not begin the operation of a borrow
780 pit, or the process of extracting clay, peat, gravel, sand, or
781 any other solid substance of commercial value found in natural
782 deposits or in the earth, except fuller’s earth clay, heavy
783 minerals, limestone, or phosphate, which are regulated elsewhere
784 in this chapter, at a new location mine without notifying the
785 secretary of the intention to extract mine.
786 (2) The operator’s notice of intent to extract mine shall
787 consist of the operator’s estimated life of the extraction
788 location mine and the operator’s signed acknowledgment of the
789 performance standards provided by s. 378.803.
790 Section 18. Section 378.802, Florida Statutes, is amended
791 to read:
792 378.802 Existing extraction locations mines.—After January
793 1, 1989, all operators of existing locations mines for the
794 extraction of resources as described in s. 378.801 shall meet
795 the performance standards provided by s. 378.803 for any new
796 surface area disturbed at such locations mines.
797 Section 19. Subsection (5) of section 479.07, Florida
798 Statutes, is amended to read:
799 479.07 Sign permits.—
800 (5)(a) For each permit issued, the department shall furnish
801 to the applicant a serially numbered permanent metal permit tag.
802 The permittee is responsible for maintaining a valid permit tag
803 on each permitted sign facing at all times. The tag shall be
804 securely attached to the upper 50 percent of the sign structure,
805 and attached in such a manner as to be plainly visible from the
806 main-traveled way. The permit tag must be properly and
807 permanently displayed at the permitted site within 30 days after
808 the date of permit issuance. If the permittee fails to erect a
809 completed sign on the permitted site within 270 days after the
810 date on which the permit was issued, the permit will be void,
811 and the department may not issue a new permit to that permittee
812 for the same location for 270 days after the date on which the
813 permit becomes void.
814 (b) If a permit tag is lost, stolen, or destroyed, the
815 permittee to whom the tag was issued must apply to the
816 department for a replacement tag. The department shall establish
817 a service fee for replacement tags in an amount that will
818 recover the actual cost of providing the replacement tag. Upon
819 receipt of the application accompanied by the service fee, the
820 department shall issue a replacement permit tag.
821 (c)1. As soon as practicable, the department shall create
822 and implement a publicly accessible electronic database to
823 include all permits issued by the department. At a minimum, the
824 database must include the name and contact information of the
825 permit operator, the structure identification number or numbers,
826 the panel or face identification number or numbers, the latitude
827 and longitude of the permitted sign, the compass bearing, images
828 of the permitted sign once constructed, and the most recent date
829 the department visually inspected the permitted sign.
830 2. Once the department creates and implements the publicly
831 accessible electronic database:
832 a. The department may not furnish permanent metal permit
833 tags or replacement tags to permittees;
834 b. The department may not enforce the provisions relating
835 to permanent metal permit tags or replacement tags specified in
836 paragraphs (a) and (b); and
837 c. Permittees are not required to return permit tags to the
838 department as provided in subsection (8).
839 Section 20. Notwithstanding any other law, the Northwest
840 Florida Transportation Corridor Authority is dissolved. The
841 authority shall discharge or make provision for the authority’s
842 debts, obligations, and other liabilities; settle and close the
843 authority’s activities and affairs; and provide for distribution
844 of the authority’s assets, or the proceeds of such assets, such
845 that each local general-purpose government represented on the
846 authority’s board receives a distribution generally in
847 proportion to each entity’s contribution to the acquisition of
848 the assets.
849 Section 21. This act shall take effect July 1, 2021.