Florida Senate - 2022                              CS for SB 398
       By the Committee on Transportation; and Senator Hooper
       596-01437-22                                           2022398c1
    1                        A bill to be entitled                      
    2         An act relating to transportation projects; amending
    3         s. 206.46, F.S.; revising the requirement for the
    4         annual commitment of State Transportation Trust Fund
    5         revenues for public transportation projects by the
    6         Department of Transportation; amending s. 337.025,
    7         F.S.; providing that the department’s program for
    8         innovative transportation projects may include
    9         progressive design-build contracts; revising contracts
   10         exempt from a specified annual monetary cap on
   11         contracts; amending s. 337.11, F.S.; revising the
   12         department’s authority relating to design-build
   13         contracts; authorizing the department to enter into a
   14         progressive design-build contract if it makes a
   15         certain determination; providing procedures and
   16         requirements for progressive design-build contracts;
   17         exempting progressive design-build contracts from
   18         certain requirements; requiring the department to
   19         adopt rules; amending s. 337.14, F.S.; revising
   20         procedures relating to certificates of qualification
   21         issued by the department to construction contractors
   22         seeking certification to bid on certain contracts;
   23         amending s. 337.168, F.S.; deleting a public records
   24         exemption for certain documents revealing the identity
   25         of a potential bidder; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Subsection (3) of section 206.46, Florida
   30  Statutes, is amended to read:
   31         206.46 State Transportation Trust Fund.—
   32         (3) Unless otherwise specified in the General
   33  Appropriations Act, each fiscal year, at least a minimum of 15
   34  percent but not more than 25 percent of all state revenues
   35  deposited into the State Transportation Trust Fund, excluding
   36  state revenues used for matching federal grants, shall be
   37  committed annually by the department for public transportation
   38  projects in accordance with chapter 311, ss. 332.003-332.007,
   39  chapter 341, and chapter 343.
   40         Section 2. Section 337.025, Florida Statutes, is amended to
   41  read:
   42         337.025 Innovative transportation projects; department to
   43  establish program.—
   44         (1) The department may establish a program for
   45  transportation projects demonstrating innovative techniques of
   46  highway and bridge design, construction, maintenance, and
   47  finance which have the intended effect of measuring resiliency
   48  and structural integrity and controlling time and cost increases
   49  on construction projects. Such techniques may include, but are
   50  not limited to, state-of-the-art technology for pavement,
   51  safety, and other aspects of highway and bridge design,
   52  construction, and maintenance; innovative bidding and financing
   53  techniques; progressive design-build contracts; accelerated
   54  construction procedures; and those techniques that have the
   55  potential to reduce project life cycle costs. To the maximum
   56  extent practical, the department must use the existing process
   57  to award and administer construction and maintenance contracts.
   58  When specific innovative techniques are to be used, the
   59  department is not required to adhere to those provisions of law
   60  that would prevent, preclude, or in any way prohibit the
   61  department from using the innovative technique. However, before
   62  using an innovative technique that is inconsistent with another
   63  provision of law, the department must document in writing the
   64  need for the exception and identify what benefits the traveling
   65  public and the affected community are anticipated to receive.
   66  The department may enter into no more than $120 million in
   67  contracts awarded annually for the purposes authorized by this
   68  section.
   69         (2) The annual cap on contracts provided in subsection (1)
   70  does not apply to:
   71         (a) Turnpike enterprise projects.
   72         (b) Progressive design-build contracts for complex, high
   73  risk projects with a minimum contract value of $250 million Low
   74  bid design-build milling and resurfacing contracts.
   75         Section 3. Subsection (7) of section 337.11, Florida
   76  Statutes, is amended to read:
   77         337.11 Contracting authority of department; bids; emergency
   78  repairs, supplemental agreements, and change orders; combined
   79  design and construction contracts; progress payments; records;
   80  requirements of vehicle registration.—
   81         (7)(a) If the department determines that it is in the best
   82  interests of the public, the department may combine the design
   83  and construction phases of a building, a major bridge, a limited
   84  access facility, or a rail corridor project into a single
   85  contract. Such contract is referred to as a design-build
   86  contract.
   87         (b)If the department determines that it is in the best
   88  interests of the public, the department may combine the design
   89  and construction phases of a project into a single contract and
   90  select the design-build firm in the early stages of a project to
   91  ensure that the design-build firm is part of the collaboration
   92  and development of the design as part of a step-by-step
   93  progression through construction. Such contract is referred to
   94  as a progressive design-build contract. For progressive design
   95  build contracts, the selection and award processes must include
   96  a two-phase process. For phase one, the department shall
   97  competitively award the contract to a design-build firm based
   98  upon qualifications. For phase two, the design-build firm shall
   99  competitively bid construction trade subcontractor packages and,
  100  based upon these bids, negotiate with the department a fixed
  101  firm price or guaranteed maximum price that meets the project
  102  budget and scope as advertised in the request for
  103  qualifications.
  104         (c) Design-build contracts and progressive design-build
  105  contracts may be advertised and awarded notwithstanding the
  106  requirements of paragraph (3)(c). However, construction
  107  activities may not begin on any portion of such projects for
  108  which the department has not yet obtained title to the necessary
  109  rights-of-way and easements for the construction of that portion
  110  of the project has vested in the state or a local governmental
  111  entity and all railroad crossing and utility agreements have
  112  been executed. Title to rights-of-way shall be deemed to have
  113  vested in the state when the title has been dedicated to the
  114  public or acquired by prescription.
  115         (d)(b) The department shall adopt by rule procedures for
  116  administering design-build contracts and progressive design
  117  build contracts. Such procedures shall include, but not be
  118  limited to:
  119         1. Prequalification requirements.
  120         2. Public announcement procedures.
  121         3. Scope of service requirements.
  122         4. Letters of interest requirements.
  123         5. Short-listing criteria and procedures.
  124         6. Bid proposal requirements.
  125         7. Technical review committee.
  126         8. Selection and award processes.
  127         9. Stipend requirements.
  128         (e)(c) The department must receive at least three letters
  129  of interest in order to proceed with a request for proposals.
  130  The department shall request proposals from no fewer than three
  131  of the design-build firms submitting letters of interest. If a
  132  design-build firm withdraws from consideration after the
  133  department requests proposals, the department may continue if at
  134  least two proposals are received.
  135         Section 4. Subsection (4) of section 337.14, Florida
  136  Statutes, is amended to read:
  137         337.14 Application for qualification; certificate of
  138  qualification; restrictions; request for hearing.—
  139         (4) If the applicant is found to possess the prescribed
  140  qualifications, the department shall issue to him or her a
  141  certificate of qualification that, unless thereafter revoked by
  142  the department for good cause, will be valid for a period of 18
  143  months after the date of the applicant’s financial statement or
  144  such shorter period as the department prescribes. Submission of
  145  an application does and subsequent approval do not affect
  146  expiration of the certificate of qualification, the ability
  147  factor of the applicant, or the maximum capacity rating of the
  148  applicant. An applicant may submit a written request with a
  149  timely submitted application to keep an existing certificate of
  150  qualification in place until the expiration date. If the request
  151  is approved by the department, the current maximum capacity
  152  rating of the applicant must remain in place until expiration of
  153  the current certificate of qualification. If the department
  154  finds that an application is incomplete or contains inadequate
  155  information or information that cannot be verified, the
  156  department may request in writing that the applicant provide the
  157  necessary information to complete the application or provide the
  158  source from which any information in the application may be
  159  verified. If the applicant fails to comply with the initial
  160  written request within a reasonable period of time as specified
  161  therein, the department shall request the information a second
  162  time. If the applicant fails to comply with the second request
  163  within a reasonable period of time as specified therein, the
  164  application shall be denied.
  165         Section 5. Section 337.168, Florida Statutes, is amended to
  166  read:
  167         337.168 Confidentiality of official estimates, identities
  168  of potential bidders, and bid analysis and monitoring system.—
  169         (1) A document or electronic file revealing the official
  170  cost estimate of the department of a project is confidential and
  171  exempt from the provisions of s. 119.07(1) until the contract
  172  for the project has been executed or until the project is no
  173  longer under active consideration.
  174         (2) A document that reveals the identity of a person who
  175  has requested or obtained a bid package, plan, or specifications
  176  pertaining to any project to be let by the department is
  177  confidential and exempt from the provisions of s. 119.07(1) for
  178  the period that begins 2 working days before the deadline for
  179  obtaining bid packages, plans, or specifications and ends with
  180  the letting of the bid. A document that reveals the identity of
  181  a person who has requested or obtained a bid package, plan, or
  182  specifications pertaining to any project to be let by the
  183  department before the 2 working days before the deadline for
  184  obtaining bid packages, plans, or specifications remains a
  185  public record subject to s. 119.07(1).
  186         (3) The bid analysis and monitoring system of the
  187  department is confidential and exempt from the provisions of s.
  188  119.07(1). This exemption applies to all system documentation,
  189  input, computer processes and programs, electronic data files,
  190  and output, but does not apply to the actual source documents,
  191  unless otherwise exempted under other provisions of law.
  192         Section 6. This act shall take effect July 1, 2022.