Florida Senate - 2021                                    SB 1364
       By Senator Brodeur
       9-01692B-21                                           20211364__
    1                        A bill to be entitled                      
    2         An act relating to transportation projects; amending
    3         s. 206.46, F.S.; limiting the amount of State
    4         Transportation Trust Fund revenues to be committed for
    5         certain public transportation projects; amending s.
    6         334.044, F.S.; revising the amount of funding
    7         allocated by the Department of Transportation to
    8         transportation construction projects for the purchase
    9         of plant materials; revising the types of projects
   10         receiving such allocation; removing a requirement that
   11         a certain amount of such allocation be for the
   12         purchase of large plant materials; requiring purchased
   13         plant materials to be grown in this state; amending s.
   14         337.11, F.S.; authorizing the department to enter into
   15         certain contracts without advertising and receiving
   16         competitive bids under certain circumstances;
   17         authorizing the department to combine certain work
   18         phases; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (3) of section 206.46, Florida
   23  Statutes, is amended to read:
   24         206.46 State Transportation Trust Fund.—
   25         (3) Each fiscal year, a minimum of 15 percent, but not more
   26  than 25 percent, of all state revenues deposited into the State
   27  Transportation Trust Fund shall be committed annually by the
   28  department for public transportation projects in accordance with
   29  chapter 311, ss. 332.003-332.007, chapter 341, and chapter 343.
   30         Section 2. Subsection (26) of section 334.044, Florida
   31  Statutes, is amended to read:
   32         334.044 Powers and duties of the department.—The department
   33  shall have the following general powers and duties:
   34         (26) To provide for the enhancement of environmental
   35  benefits, including air and water quality; to prevent roadside
   36  erosion; to conserve the natural roadside growth and scenery;
   37  and to provide for the implementation and maintenance of
   38  roadside conservation, enhancement, and stabilization programs.
   39  A portion At least 1.5 percent of the amount contracted for new
   40  construction and widening projects shall be allocated by the
   41  department on a statewide basis for the purchase of plant
   42  materials. Department districts may not expend funds for
   43  landscaping in connection with any project that is limited to
   44  resurfacing existing lanes unless the expenditure has been
   45  approved by the department’s secretary or the secretary’s
   46  designee. To the greatest extent practical, at least 50 percent
   47  of the funds allocated under this subsection shall be allocated
   48  for large plant materials and the remaining funds for other
   49  plant materials. Except as prohibited by applicable federal law
   50  or regulation, all such plant materials shall be grown in this
   51  state and purchased from Florida commercial nursery stock in
   52  this state on a uniform competitive bid basis. The department
   53  shall develop grades and standards for landscaping materials
   54  purchased through this process. To accomplish these activities,
   55  the department may contract with nonprofit organizations having
   56  the primary purpose of developing youth employment
   57  opportunities.
   58         Section 3. Paragraph (c) of subsection (6) of section
   59  337.11, Florida Statutes, is amended to read:
   60         337.11 Contracting authority of department; bids; emergency
   61  repairs, supplemental agreements, and change orders; combined
   62  design and construction contracts; progress payments; records;
   63  requirements of vehicle registration.—
   64         (6)
   65         (c)1. When the department determines that it is in the best
   66  interest of the public for reasons of public concern, economy,
   67  improved operations, or safety, and only when circumstances
   68  dictate rapid completion of the work, the department may, up to
   69  the amount of $250,000, enter into contracts for construction
   70  and maintenance without advertising and receiving competitive
   71  bids. The department may enter into such contracts only upon a
   72  determination that the work is necessary for one of the
   73  following reasons:
   74         a.1. To ensure timely completion of projects or avoidance
   75  of undue delay for other projects;
   76         b.2. To accomplish minor repairs or construction and
   77  maintenance activities for which time is of the essence and for
   78  which significant cost savings would occur; or
   79         c.3. To accomplish nonemergency work necessary to ensure
   80  avoidance of adverse conditions that affect the safe and
   81  efficient flow of traffic.
   82         2.When the department determines that work is necessary to
   83  repair or improve conditions on portions of a roadway which may
   84  have contributed to one or more fatalities, the department may,
   85  up to the amount of $1 million, enter into contracts for
   86  construction without advertising and receiving competitive bids.
   87  The department may combine the design and construction phases of
   88  such work.
   90  The department shall make a good faith effort to obtain two or
   91  more quotes, if available, from qualified contractors before
   92  entering into any contract. The department shall give
   93  consideration to disadvantaged business enterprise
   94  participation. However, when the work exists within the limits
   95  of an existing contract, the department shall make a good faith
   96  effort to negotiate and enter into a contract with the prime
   97  contractor on the existing contract.
   98         Section 4. This act shall take effect July 1, 2021.