Florida Senate - 2026                             CS for SB 1080
       
       
        
       By the Committee on Transportation; and Senator DiCeglie
       
       
       
       
       
       596-02021-26                                          20261080c1
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 337.11,
    3         F.S.; requiring the Department of Transportation to
    4         adopt rules establishing circumstances under which it
    5         may make direct payments to a first-tier
    6         subcontractor; requiring that amounts paid to such
    7         subcontractor be deducted from amounts otherwise due
    8         to the contractor; amending s. 337.18, F.S.; requiring
    9         that a takeover agreement between the department and a
   10         surety require the surety’s completion contractor to
   11         meet certain requirements and follow certain contract
   12         procedures; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (d) is added to subsection (11) of
   17  section 337.11, Florida Statutes, to read:
   18         337.11 Contracting authority of department; bids; emergency
   19  repairs, supplemental agreements, and change orders; combined
   20  design and construction contracts; progress payments; records;
   21  requirements of vehicle registration.—
   22         (11)
   23         (d)1. The department shall adopt rules establishing
   24  circumstances under which it may make direct payments to a
   25  first-tier subcontractor. Such circumstances must include all of
   26  the following:
   27         a. The contractor has not requested payment from the
   28  department in the past 6 months.
   29         b. There is a binding, written subcontract between the
   30  contractor and the subcontractor, and the department is in
   31  possession of a complete copy of the subcontract.
   32         c. The subcontractor has performed work that is unpaid by
   33  the contractor, and the department has sufficient documentation
   34  of such unpaid work.
   35         d. There is no bona fide, documented dispute between the
   36  contractor and the subcontractor.
   37         2. Amounts paid by the department pursuant to rules adopted
   38  under this paragraph must be deducted from amounts otherwise due
   39  to the contractor.
   40         Section 2. Present subsection (6) of section 337.18,
   41  Florida Statutes, is redesignated as subsection (7), and a new
   42  subsection (6) is added to that section, to read:
   43         337.18 Surety bonds for construction or maintenance
   44  contracts; requirement with respect to contract award; bond
   45  requirements; defaults; damage assessments.—
   46         (6) If, due to a default by the contractor, the department
   47  and the surety enter into a takeover agreement, such agreement
   48  must require the surety’s completion contractor to meet the
   49  certification of qualification requirements of the original
   50  contract bid solicitation and follow the contract’s procedures
   51  regarding certification of disbursement of payment to
   52  subcontractors.
   53         Section 3. This act shall take effect July 1, 2026.