Florida Senate - 2023                                    SB 1250
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-01656A-23                                          20231250__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 287.057, F.S.; revising the contractual
    4         services and commodities that are not subject to
    5         specified competitive-solicitation requirements;
    6         amending s. 288.9606, F.S.; providing construction
    7         regarding the proceeds of bonds of the Florida
    8         Development Finance Corporation; revising purposes for
    9         which the corporation may, without certain
   10         authorization from a public agency, issue revenue
   11         bonds or other evidence of indebtedness; amending s.
   12         334.044, F.S.; revising the department’s powers and
   13         duties; amending s. 337.11, F.S.; increasing the
   14         maximum cost of contracts for construction and
   15         maintenance the department may enter into without
   16         advertising and receiving competitive bids; amending
   17         s. 339.135, F.S.; abrogating the expiration of
   18         provisions authorizing the approval of certain work
   19         program amendments submitted by the department;
   20         amending s. 341.052, F.S.; requiring that public
   21         transportation development plans of eligible providers
   22         of public transit block grants be consistent with the
   23         long-range transportation plans of the metropolitan
   24         planning area in which the providers are located;
   25         amending s. 341.071, F.S.; revising requirements of
   26         annual public transit provider reports; requiring each
   27         public transit provider to publish on its website,
   28         rather than in the local newspaper, certain
   29         performance measures; repealing part IV of ch. 348,
   30         F.S., relating to the Santa Rosa Bay Bridge Authority;
   31         transferring the governance and control of the Santa
   32         Rosa Bay Bridge Authority to the department;
   33         transferring the remaining assets, facilities,
   34         property, and property rights of the authority to the
   35         department; providing that the department succeeds to
   36         all powers of the authority; authorizing the
   37         department to review other contracts, financial
   38         obligations, and contractual obligations and
   39         liabilities of the authority and to assume legal
   40         liability for such obligations determined by the
   41         department to be necessary for the continued operation
   42         of the bridge system; authorizing the department to
   43         transfer the bridge system, or any portion thereof, to
   44         become part of the turnpike system; providing
   45         effective dates.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Paragraph (e) of subsection (3) of section
   50  287.057, Florida Statutes, is amended to read:
   51         287.057 Procurement of commodities or contractual
   52  services.—
   53         (3) If the purchase price of commodities or contractual
   54  services exceeds the threshold amount provided in s. 287.017 for
   55  CATEGORY TWO, purchase of commodities or contractual services
   56  may not be made without receiving competitive sealed bids,
   57  competitive sealed proposals, or competitive sealed replies
   58  unless:
   59         (e) The following contractual services and commodities are
   60  not subject to the competitive-solicitation requirements of this
   61  section:
   62         1. Artistic services. As used in this subsection, the term
   63  “artistic services” does not include advertising or typesetting.
   64  As used in this subparagraph, the term “advertising” means the
   65  making of a representation in any form in connection with a
   66  trade, business, craft, or profession in order to promote the
   67  supply of commodities or services by the person promoting the
   68  commodities or contractual services.
   69         2. Academic program reviews if the fee for such services
   70  does not exceed $50,000.
   71         3. Lectures by individuals.
   72         4. Legal services, including attorney, paralegal, expert
   73  witness, appraisal, or mediator services.
   74         5. Health services involving examination, diagnosis,
   75  treatment, prevention, medical consultation, or administration.
   76  The term also includes, but is not limited to, substance abuse
   77  and mental health services involving examination, diagnosis,
   78  treatment, prevention, or medical consultation if such services
   79  are offered to eligible individuals participating in a specific
   80  program that qualifies multiple providers and uses a standard
   81  payment methodology. Reimbursement of administrative costs for
   82  providers of services purchased in this manner are also exempt.
   83  For purposes of this subparagraph, the term “providers” means
   84  health professionals and health facilities, or organizations
   85  that deliver or arrange for the delivery of health services.
   86         6. Services provided to persons with mental or physical
   87  disabilities by not-for-profit corporations that have obtained
   88  exemptions under s. 501(c)(3) of the United States Internal
   89  Revenue Code or when such services are governed by Office of
   90  Management and Budget Circular A-122. However, in acquiring such
   91  services, the agency shall consider the ability of the vendor,
   92  past performance, willingness to meet time requirements, and
   93  price.
   94         7. Medicaid services delivered to an eligible Medicaid
   95  recipient unless the agency is directed otherwise in law.
   96         8. Family placement services.
   97         9. Prevention services related to mental health, including
   98  drug abuse prevention programs, child abuse prevention programs,
   99  and shelters for runaways, operated by not-for-profit
  100  corporations. However, in acquiring such services, the agency
  101  shall consider the ability of the vendor, past performance,
  102  willingness to meet time requirements, and price.
  103         10. Training and education services provided to injured
  104  employees pursuant to s. 440.491(6).
  105         11. Contracts entered into pursuant to s. 337.11.
  106         12. Services or commodities provided by governmental
  107  entities.
  108         13. Statewide public service announcement programs provided
  109  by a Florida statewide nonprofit corporation under s. 501(c)(6)
  110  of the Internal Revenue Code which have a guaranteed documented
  111  match of at least $3 to $1.
  112         14. Rating agency services.
  113         Section 2. Subsections (6) and (7) of section 288.9606,
  114  Florida Statutes, are amended to read:
  115         288.9606 Issue of revenue bonds.—
  116         (6) The proceeds of any bonds of the corporation may not be
  117  used, in any manner, to acquire any building or facility that
  118  will be, during the pendency of the financing, used by, occupied
  119  by, leased to, or paid for by any state, county, or municipal
  120  agency or entity. This subsection does not prohibit the use of
  121  proceeds of bonds of the corporation for the purpose of
  122  financing the acquisition or construction of a transportation
  123  facility under a public-private partnership agreement authorized
  124  under s. 334.30.
  125         (7) Notwithstanding any provision of this section, the
  126  corporation in its corporate capacity may, without authorization
  127  from a public agency under s. 163.01(7), issue revenue bonds or
  128  other evidence of indebtedness under this section to:
  129         (a) Finance the undertaking of any project within the state
  130  that promotes renewable energy as defined in s. 366.91 or s.
  131  377.803;
  132         (b) Finance the undertaking of any project within the state
  133  that is a project contemplated or allowed under s. 406 of the
  134  American Recovery and Reinvestment Act of 2009; or
  135         (c) If permitted by federal law, finance qualifying
  136  improvement projects within the state under s. 163.08; or
  137         (d) Finance the costs of acquisition or construction of a
  138  transportation facility by a private entity or consortium of
  139  private entities under a public-private partnership agreement
  140  authorized under s. 334.30.
  141         Section 3. Subsection (5) of section 334.044, Florida
  142  Statutes, is amended, and subsection (36) is added to that
  143  section, to read:
  144         334.044 Powers and duties of the department.—The department
  145  shall have the following general powers and duties:
  146         (5) To purchase, lease, or otherwise acquire property and
  147  materials, including the purchase of promotional items as part
  148  of public information and education campaigns for the promotion
  149  of scenic highways, traffic and train safety awareness,
  150  alternatives to single-occupant vehicle travel, and commercial
  151  motor vehicle safety, electric vehicle use and charging
  152  stations, autonomous vehicles, and context design for electric
  153  vehicles and autonomous vehicles; to purchase, lease, or
  154  otherwise acquire equipment and supplies; and to sell, exchange,
  155  or otherwise dispose of any property that is no longer needed by
  156  the department.
  157         (36) To expend funds, within the department’s discretion,
  158  for training, testing, and licensing for full-time employees of
  159  the department who are required to have a valid Class A or Class
  160  B commercial driver license as a condition of employment with
  161  the department.
  162         Section 4. Paragraph (c) of subsection (6) of section
  163  337.11, Florida Statutes, is amended to read:
  164         337.11 Contracting authority of department; bids; emergency
  165  repairs, supplemental agreements, and change orders; combined
  166  design and construction contracts; progress payments; records;
  167  requirements of vehicle registration.—
  168         (6)
  169         (c) When the department determines that it is in the best
  170  interest of the public for reasons of public concern, economy,
  171  improved operations, or safety, and only when circumstances
  172  dictate rapid completion of the work, the department may, up to
  173  the amount of $500,000 $250,000, enter into contracts for
  174  construction and maintenance without advertising and receiving
  175  competitive bids. The department may enter into such contracts
  176  only upon a determination that the work is necessary for one of
  177  the following reasons:
  178         1. To ensure timely completion of projects or avoidance of
  179  undue delay for other projects;
  180         2. To accomplish minor repairs or construction and
  181  maintenance activities for which time is of the essence and for
  182  which significant cost savings would occur; or
  183         3. To accomplish nonemergency work necessary to ensure
  184  avoidance of adverse conditions that affect the safe and
  185  efficient flow of traffic.
  186  
  187  The department shall make a good faith effort to obtain two or
  188  more quotes, if available, from qualified contractors before
  189  entering into any contract. The department shall give
  190  consideration to disadvantaged business enterprise
  191  participation. However, when the work exists within the limits
  192  of an existing contract, the department shall make a good faith
  193  effort to negotiate and enter into a contract with the prime
  194  contractor on the existing contract.
  195         Section 5. Paragraph (h) of subsection (7) of section
  196  339.135, Florida Statutes, is amended to read:
  197         339.135 Work program; legislative budget request;
  198  definitions; preparation, adoption, execution, and amendment.—
  199         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
  200         (h)1. Any work program amendment that also adds a new
  201  project, or phase thereof, to the adopted work program in excess
  202  of $3 million is subject to approval by the Legislative Budget
  203  Commission. Any work program amendment submitted under this
  204  paragraph must include, as supplemental information, a list of
  205  projects, or phases thereof, in the current 5-year adopted work
  206  program which are eligible for the funds within the
  207  appropriation category being used for the proposed amendment.
  208  The department shall provide a narrative with the rationale for
  209  not advancing an existing project, or phase thereof, in lieu of
  210  the proposed amendment.
  211         2. If the department submits an amendment to the
  212  Legislative Budget Commission and the commission does not meet
  213  or consider the amendment within 30 days after its submittal,
  214  the chair and vice chair of the commission may authorize the
  215  amendment to be approved pursuant to s. 216.177. This
  216  subparagraph expires July 1, 2023.
  217         Section 6. Subsection (1) of section 341.052, Florida
  218  Statutes, is amended to read:
  219         341.052 Public transit block grant program; administration;
  220  eligible projects; limitation.—
  221         (1) There is created a public transit block grant program
  222  which shall be administered by the department. Block grant funds
  223  shall only be provided to “Section 9” providers and “Section 18”
  224  providers designated by the United States Department of
  225  Transportation and community transportation coordinators as
  226  defined in chapter 427. Eligible providers must establish public
  227  transportation development plans consistent, to the maximum
  228  extent feasible, with approved local government comprehensive
  229  plans of the units of local government in which the provider is
  230  located and the long-range transportation plans of the
  231  metropolitan planning area in which the provider is located. In
  232  developing public transportation development plans, eligible
  233  providers must solicit comments from local workforce development
  234  boards established under chapter 445. The development plans must
  235  address how the public transit provider will work with the
  236  appropriate local workforce development board to provide
  237  services to participants in the welfare transition program.
  238  Eligible providers must provide information to the local
  239  workforce development board serving the county in which the
  240  provider is located regarding the availability of transportation
  241  services to assist program participants.
  242         Section 7. Subsections (2) and (3) of section 341.071,
  243  Florida Statutes, are amended to read:
  244         341.071 Transit productivity and performance measures;
  245  reports.—
  246         (2) Each public transit provider shall establish
  247  productivity and performance measures, which must be approved by
  248  the department and which must be selected from measures
  249  developed pursuant to s. 341.041(3). Each provider shall, by
  250  January 31 of each year, report to the department relative to
  251  these measures. In approving these measures, the department
  252  shall give consideration to the goals and objectives of each
  253  system, the needs of the local area, and the role for public
  254  transit in the local area. The report must include the shall
  255  also specifically address potential enhancements to productivity
  256  and performance which would have the effect of increasing
  257  farebox recovery ratio.
  258         (3) Each public transit provider shall publish on its
  259  website in the local newspaper of its area the productivity and
  260  performance measures established for the year and a report that
  261  which provides quantitative data relative to the attainment of
  262  established productivity and performance measures.
  263         Section 8. Effective upon this act becoming a law, part IV
  264  of chapter 348, Florida Statutes, consisting of sections
  265  348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971,
  266  348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771, and
  267  348.9781, Florida Statutes, is repealed.
  268         Section 9. Effective upon this act becoming a law, the
  269  governance and control of the Santa Rosa Bay Bridge Authority is
  270  transferred to the Department of Transportation.
  271         (1) Since the Santa Rosa Bay Bridge Authority’s bridge
  272  system was transferred to the department under the terms of the
  273  lease-purchase agreement and a settlement agreement between the
  274  department and the authority which was effective as of the close
  275  of business on June 30, 2022, any remaining assets, facilities,
  276  tangible and intangible property, and any rights in such
  277  property, and other legal rights of the authority are
  278  transferred to the department. The department succeeds to all
  279  powers of the authority. The department may review other
  280  contracts, financial obligations, and contractual obligations
  281  and liabilities of the authority and may assume legal liability
  282  for such obligations that are determined by the department to be
  283  necessary for the continued operation of the bridge system.
  284         (2)The bridge system, or any portion thereof, may be
  285  transferred by the department and become part of the turnpike
  286  system under the Florida Turnpike Enterprise Law, ss. 338.22
  287  338.241, Florida Statutes.
  288         Section 10. Except as otherwise expressly provided in this
  289  act and except for this section, which shall take effect upon
  290  this act becoming a law, this act shall take effect July 1,
  291  2023.