Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1080
       
       
       
       
       
       
                                Ì4476701Î447670                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/21/2026           .                                
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       The Committee on Transportation (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to subsection (11) of
    6  section 337.11, Florida Statutes, to read:
    7         337.11 Contracting authority of department; bids; emergency
    8  repairs, supplemental agreements, and change orders; combined
    9  design and construction contracts; progress payments; records;
   10  requirements of vehicle registration.—
   11         (11)
   12         (d)1. The department shall adopt rules establishing
   13  circumstances under which it may make direct payments to a
   14  first-tier subcontractor. Such circumstances must include all of
   15  the following:
   16         a. The contractor has not requested payment from the
   17  department in the past 6 months.
   18         b. There is a binding, written subcontract between the
   19  contractor and the subcontractor, and the department is in
   20  possession of a complete copy of the subcontract.
   21         c. The subcontractor has performed work that is unpaid by
   22  the contractor, and the department has sufficient documentation
   23  of such unpaid work.
   24         d. There is no bona fide, documented dispute between the
   25  contractor and the subcontractor.
   26         2. Amounts paid by the department pursuant to rules adopted
   27  under this paragraph must be deducted from amounts otherwise due
   28  to the contractor.
   29         Section 2. Present subsection (6) of section 337.18,
   30  Florida Statutes, is redesignated as subsection (7), and a new
   31  subsection (6) is added to that section, to read:
   32         337.18 Surety bonds for construction or maintenance
   33  contracts; requirement with respect to contract award; bond
   34  requirements; defaults; damage assessments.—
   35         (6) If, due to a default by the contractor, the department
   36  and the surety enter into a takeover agreement, such agreement
   37  must require the surety’s completion contractor to meet the
   38  certification of qualification requirements of the original
   39  contract bid solicitation and follow the contract’s procedures
   40  regarding certification of disbursement of payment to
   41  subcontractors.
   42         Section 3. This act shall take effect July 1, 2026.
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete everything before the enacting clause
   47  and insert:
   48                        A bill to be entitled                      
   49         An act relating to transportation; amending s. 337.11,
   50         F.S.; requiring the Department of Transportation to
   51         adopt rules establishing circumstances under which it
   52         may make direct payments to a first-tier
   53         subcontractor; requiring that amounts paid to such
   54         subcontractor be deducted from amounts otherwise due
   55         to the contractor; amending s. 337.18, F.S.; requiring
   56         that a takeover agreement between the department and a
   57         surety require the surety’s completion contractor to
   58         meet certain requirements and follow certain contract
   59         procedures; providing an effective date.