Florida Senate - 2023 CS for SB 64
By the Committee on Transportation; and Senator Hooper
596-02144-23 202364c1
1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 amending s. 334.179, F.S.; revising the definition of
4 the term “certified for use” in regard to permissible
5 use of aggregates; prohibiting a producer from
6 certifying shipments of aggregates which are not in
7 compliance with department rules; requiring a producer
8 to certify aggregates in accordance with specified
9 rules; amending s. 337.11, F.S.; requiring that
10 contracts let by the department for performance of
11 bridge construction or maintenance over navigable
12 waters contain certain insurance requirements;
13 requiring the department to implement and track
14 strategies to reduce the cost of projects while
15 ensuring that such projects meet federal and state
16 standards; authorizing the department to share a
17 portion of cost savings with certain consultants under
18 specified circumstances; providing that payments to
19 consultants may not exceed a specified amount;
20 amending s. 337.1101, F.S.; revising the calculation
21 of a certain settlement paid to a nonselected
22 responsive bidder which requires the department to
23 maintain certain records and provide certain notices
24 to the Legislature and the Attorney General; amending
25 s. 337.14, F.S.; increasing the proposed budget
26 estimates of construction contracts for which an
27 applying contractor may submit certain financial
28 statements; revising procedures relating to
29 certificates of qualification issued by the department
30 to construction contractors seeking certification to
31 bid on certain contracts; amending s. 337.168, F.S.;
32 deleting a public records exemption for certain
33 documents that reveal the identity of a potential
34 bidder; amending s. 338.223, F.S.; deleting a
35 requirement regarding the department’s request for
36 legislative approval of proposed turnpike projects;
37 creating s. 334.180, F.S.; specifying that an
38 electronic ticket generated by a system used by the
39 department serves as a certain official record;
40 prohibiting local governments from refusing to accept
41 such electronic tickets; providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Section 334.179, Florida Statutes, is amended to
46 read:
47 334.179 Department standards or specifications for
48 permissible use of aggregates.—
49 (1) Notwithstanding any law, rule, or ordinance to the
50 contrary, a local government may not adopt standards or
51 specifications that are contrary to the department standards or
52 specifications for permissible use of aggregates that have been
53 certified for use. For purposes of this section, the term
54 “certified for use” means that the aggregates have been
55 certified by the producer in compliance accordance with
56 department rules. This section does not apply to a multicounty
57 independent special district created by a special act of the
58 Legislature.
59 (2) A producer may not certify any shipment of aggregates
60 to a customer other than the department unless such shipment is
61 in compliance with department rules. Notwithstanding this
62 section, producer certification of aggregates must be in
63 accordance with rules adopted pursuant to s. 334.044(10).
64 Section 2. Present subsections (15) and (16) of section
65 337.11, Florida Statutes, are redesignated as subsections (18)
66 and (19), respectively, and new subsections (15) and (16) and
67 subsection (17) are added to that section, to read:
68 337.11 Contracting authority of department; bids; emergency
69 repairs, supplemental agreements, and change orders; combined
70 design and construction contracts; progress payments; records;
71 requirements of vehicle registration.—
72 (15) Each contract let by the department for performance of
73 bridge construction or maintenance over navigable waters must
74 contain a provision requiring marine general liability
75 insurance, in an amount to be determined by the department, that
76 covers third-party personal injury and property damage caused by
77 vessels used by the contractor in the performance of the work.
78 (16) The department shall implement strategies to reduce
79 the cost of all project phases, including design, construction,
80 and inspection, while ensuring that the design and construction
81 of projects meet applicable federal and state standards, and
82 shall track such strategies and the projected savings.
83 (17) The department may share with a design services
84 consultant or a construction engineering and inspection services
85 consultant a portion of the construction cost savings realized
86 due to a change in the construction contract design and scope
87 which is initiated after execution of the contract. Payments
88 made under this subsection must be calculated taking into
89 consideration the extent that the consultant’s input and
90 involvement contributed to such savings. The amount paid to a
91 consultant pursuant to this subsection may not exceed 10 percent
92 of the construction cost savings realized.
93 Section 3. Subsection (1) of section 337.1101, Florida
94 Statutes, is amended to read:
95 337.1101 Contracting and procurement authority of the
96 department; settlements; notification required.—
97 (1) When the department, or any entity or enterprise within
98 the department, determines that it is in the best interest of
99 the public to resolve a protest filed in accordance with s.
100 120.57(3) of the award of a contract being procured pursuant to
101 s. 337.11 or related to the purchase of personal property or
102 contractual services being procured pursuant to s. 287.057,
103 through a settlement that requires the department to pay a
104 nonselected responsive bidder a total sum of $1 million or more,
105 including any amount paid pursuant to s. 334.049, any amount
106 paid pursuant to s. 337.11(8) which is not included in the
107 department’s work program approved by the Legislature as part of
108 the General Appropriations Act, or any amount paid pursuant to
109 any other law, the department must:
110 (a) Document in a written memorandum by the secretary the
111 specific reasons that such settlement and payment to a
112 nonselected responsive bidder is in the best interest of the
113 state. The written memorandum must be included and maintained in
114 the department’s permanent files concerning the procurement and
115 must include:
116 1. A description of the property rights, patent rights,
117 copyrights, trademarks, or the engineering design or other
118 design work that the department will acquire or retain as a
119 result of such settlement; and
120 2. The specific appropriation in the existing General
121 Appropriations Act which the department intends to use to
122 provide such payment.
123 (b) Provide prior written notification to the President of
124 the Senate, the Speaker of the House of Representatives, the
125 Senate and House of Representatives minority leaders, the chair
126 and vice chair of the Legislative Budget Commission, and the
127 Attorney General at least 5 business days, or as soon thereafter
128 as practicable, before the department makes the settlement
129 agreement final. Such written notification must include the
130 written memorandum required pursuant to paragraph (a).
131 (c) Provide, at the time settlement discussions regarding
132 any such payment have begun in earnest, written notification of
133 such discussions to the President of the Senate, the Speaker of
134 the House of Representatives, the Senate and House of
135 Representatives minority leaders, the chair and vice chair of
136 the Legislative Budget Commission, and the Attorney General.
137 Section 4. Subsections (1) and (4) of section 337.14,
138 Florida Statutes, are amended to read:
139 337.14 Application for qualification; certificate of
140 qualification; restrictions; request for hearing.—
141 (1) A Any contractor desiring to bid for the performance of
142 any construction contract in excess of $250,000 which the
143 department proposes to let must first be certified by the
144 department as qualified pursuant to this section and rules of
145 the department. The rules of the department must address the
146 qualification of contractors to bid on construction contracts in
147 excess of $250,000 and must include requirements with respect to
148 the equipment, past record, experience, financial resources, and
149 organizational personnel of the applying contractor which are
150 necessary to perform the specific class of work for which the
151 contractor seeks certification. Any contractor who desires to
152 bid on contracts in excess of $50 million and who is not
153 qualified and in good standing with the department as of January
154 1, 2019, must first be certified by the department as qualified
155 and must have satisfactorily completed two projects, each in
156 excess of $15 million, for the department or for any other state
157 department of transportation. The department may limit the
158 dollar amount of any contract upon which a contractor is
159 qualified to bid or the aggregate total dollar volume of
160 contracts such contractor is allowed to have under contract at
161 any one time. Each applying contractor seeking qualification to
162 bid on construction contracts in excess of $250,000 shall
163 furnish the department a statement under oath, on such forms as
164 the department may prescribe, setting forth detailed information
165 as required on the application. Each application for
166 certification must be accompanied by audited, certified
167 financial statements prepared in accordance with generally
168 accepted accounting principles and auditing standards by a
169 certified public accountant licensed in this state or another
170 state. The audited, certified financial statements must be for
171 the applying contractor and must have been prepared within the
172 immediately preceding 12 months. The department may not consider
173 any financial information of the parent entity of the applying
174 contractor, if any. The department may not certify as qualified
175 any applying contractor who fails to submit the audited,
176 certified financial statements required by this subsection. If
177 the application or the annual financial statement shows the
178 financial condition of the applying contractor more than 4
179 months before the date on which the application is received by
180 the department, the applicant must also submit interim audited,
181 certified financial statements prepared in accordance with
182 generally accepted accounting principles and auditing standards
183 by a certified public accountant licensed in this state or
184 another state. The interim financial statements must cover the
185 period from the end date of the annual statement and must show
186 the financial condition of the applying contractor no more than
187 4 months before the date that the interim financial statements
188 are received by the department. However, upon the request of the
189 applying contractor, an application and accompanying annual or
190 interim financial statement received by the department within 15
191 days after either 4-month period under this subsection must
192 shall be considered timely. An applying contractor desiring to
193 bid exclusively for the performance of construction contracts
194 with proposed budget estimates of less than $2 $1 million may
195 submit reviewed annual or reviewed interim financial statements
196 prepared by a certified public accountant. The information
197 required by this subsection is confidential and exempt from s.
198 119.07(1). The department shall act upon the application for
199 qualification within 30 days after the department determines
200 that the application is complete. The department may waive the
201 requirements of this subsection for projects having a contract
202 price of $500,000 or less if the department determines that the
203 project is of a noncritical nature and that the waiver will not
204 endanger public health, safety, or property.
205 (4) If the applicant is found to possess the prescribed
206 qualifications, the department must shall issue to him or her a
207 certificate of qualification that, unless thereafter revoked by
208 the department for good cause, will be valid for a period of 18
209 months after the date of the applicant’s financial statement or
210 such shorter period as the department prescribes. Submission of
211 an application does and subsequent approval do not affect
212 expiration of the certificate of qualification. An applicant may
213 submit a written request with a timely submitted application to
214 keep an existing certificate of qualification in place until the
215 expiration date. If the request is approved by the department,
216 the current maximum capacity rating of the applicant must remain
217 in place until expiration of the current certificate of
218 qualification, the ability factor of the applicant, or the
219 maximum capacity rating of the applicant. If the department
220 finds that an application is incomplete or contains inadequate
221 information or information that cannot be verified, the
222 department may request in writing that the applicant provide the
223 necessary information to complete the application or provide the
224 source from which any information in the application may be
225 verified. If the applicant fails to comply with the initial
226 written request within a reasonable period of time as specified
227 therein, the department must shall request the information a
228 second time. If the applicant fails to comply with the second
229 request within a reasonable period of time as specified therein,
230 the application must shall be denied.
231 Section 5. Section 337.168, Florida Statutes, is amended to
232 read:
233 337.168 Confidentiality of official estimates, identities
234 of potential bidders, and the bid analysis, and monitoring
235 system.—
236 (1) A document or electronic file revealing the official
237 cost estimate of the department of a project is confidential and
238 exempt from the provisions of s. 119.07(1) until the contract
239 for the project has been executed or until the project is no
240 longer under active consideration.
241 (2) A document that reveals the identity of a person who
242 has requested or obtained a bid package, plan, or specifications
243 pertaining to any project to be let by the department is
244 confidential and exempt from the provisions of s. 119.07(1) for
245 the period that begins 2 working days before the deadline for
246 obtaining bid packages, plans, or specifications and ends with
247 the letting of the bid. A document that reveals the identity of
248 a person who has requested or obtained a bid package, plan, or
249 specifications pertaining to any project to be let by the
250 department before the 2 working days before the deadline for
251 obtaining bid packages, plans, or specifications remains a
252 public record subject to s. 119.07(1).
253 (3) The bid analysis and monitoring system of the
254 department is confidential and exempt from the provisions of s.
255 119.07(1). This exemption applies to all system documentation,
256 input, computer processes and programs, electronic data files,
257 and output, but does not apply to the actual source documents,
258 unless otherwise exempted under other provisions of law.
259 Section 6. Paragraph (a) of subsection (1) of section
260 338.223, Florida Statutes, is amended to read:
261 338.223 Proposed turnpike projects.—
262 (1)(a) Any proposed project to be constructed or acquired
263 as part of the turnpike system and any turnpike improvement must
264 shall be included in the tentative work program. A proposed
265 project or group of proposed projects may not be added to the
266 turnpike system unless such project or projects are determined
267 to be economically feasible and a statement of environmental
268 feasibility has been completed for such project or projects and
269 such projects are determined to be consistent, to the maximum
270 extent feasible, with approved local government comprehensive
271 plans of the local governments in which such projects are
272 located. The department may authorize engineering studies,
273 traffic studies, environmental studies, and other expert studies
274 of the location, costs, economic feasibility, and practicality
275 of proposed turnpike projects throughout this the state and may
276 proceed with the design phase of such projects. The department
277 may not request legislative approval of a proposed turnpike
278 project until the design phase of that project is at least 30
279 percent complete. If a proposed project or group of proposed
280 projects is found to be economically feasible, consistent, to
281 the maximum extent feasible, with approved local government
282 comprehensive plans of the local governments in which such
283 projects are located, and a favorable statement of environmental
284 feasibility has been completed, the department, with the
285 approval of the Legislature, must shall, after the receipt of
286 all necessary permits, construct, maintain, and operate such
287 turnpike projects.
288 Section 7. Section 334.180, Florida Statutes, is created to
289 read:
290 334.180 Department electronic tickets.—An electronic ticket
291 generated by a system used by the department serves as an
292 official record for material deliveries on local government
293 projects. Notwithstanding any law, rule, or ordinance to the
294 contrary, a local government may not refuse to accept such
295 electronic ticket.
296 Section 8. This act shall take effect July 1, 2023.