Bill Amendment: FL S0064 | 2023 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Transportation

Status: 2023-05-03 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 425 (Ch. 2023-197), CS/CS/CS/HB 1305 (Ch. 2023-70) [S0064 Detail]

Download: Florida-2023-S0064-Senate_Committee_Amendment_337318.html

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       Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 64
       
       
       
       
       
       
                                Ì3373184Î337318                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Transportation (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 334.179, Florida Statutes, is amended to
    6  read:
    7         334.179 Department standards or specifications for
    8  permissible use of aggregates.—
    9         (1) Notwithstanding any law, rule, or ordinance to the
   10  contrary, a local government may not adopt standards or
   11  specifications that are contrary to the department standards or
   12  specifications for permissible use of aggregates that have been
   13  certified for use. For purposes of this section, the term
   14  “certified for use” means that the aggregates have been
   15  certified by the producer in compliance accordance with
   16  department rules. This section does not apply to a multicounty
   17  independent special district created by a special act of the
   18  Legislature.
   19         (2) A producer may not certify any shipment of aggregates
   20  to a customer other than the department unless such shipment is
   21  in compliance with department rules. Notwithstanding this
   22  section, producer certification of aggregates must be in
   23  accordance with rules adopted pursuant to s. 334.044(10).
   24         Section 2. Present subsections (15) and (16) of section
   25  337.11, Florida Statutes, are redesignated as subsections (18)
   26  and (19), respectively, and new subsections (15) and (16) and
   27  subsection (17) are added to that section, to read:
   28         337.11 Contracting authority of department; bids; emergency
   29  repairs, supplemental agreements, and change orders; combined
   30  design and construction contracts; progress payments; records;
   31  requirements of vehicle registration.—
   32         (15) Each contract let by the department for performance of
   33  bridge construction or maintenance over navigable waters must
   34  contain a provision requiring marine general liability
   35  insurance, in an amount to be determined by the department, that
   36  covers third-party personal injury and property damage caused by
   37  vessels used by the contractor in the performance of the work.
   38         (16) The department shall implement strategies to reduce
   39  the cost of all project phases, including design, construction,
   40  and inspection, while ensuring that the design and construction
   41  of projects meet applicable federal and state standards, and
   42  shall track such strategies and the projected savings.
   43         (17) The department may share with a design services
   44  consultant or a construction engineering and inspection services
   45  consultant a portion of the construction cost savings realized
   46  due to a change in the construction contract design and scope
   47  which is initiated after execution of the contract. Payments
   48  made under this subsection must be calculated taking into
   49  consideration the extent that the consultant’s input and
   50  involvement contributed to such savings. The amount paid to a
   51  consultant pursuant to this subsection may not exceed 10 percent
   52  of the construction cost savings realized.
   53         Section 3. Subsection (1) of section 337.1101, Florida
   54  Statutes, is amended to read:
   55         337.1101 Contracting and procurement authority of the
   56  department; settlements; notification required.—
   57         (1) When the department, or any entity or enterprise within
   58  the department, determines that it is in the best interest of
   59  the public to resolve a protest filed in accordance with s.
   60  120.57(3) of the award of a contract being procured pursuant to
   61  s. 337.11 or related to the purchase of personal property or
   62  contractual services being procured pursuant to s. 287.057,
   63  through a settlement that requires the department to pay a
   64  nonselected responsive bidder a total sum of $1 million or more,
   65  including any amount paid pursuant to s. 334.049, any amount
   66  paid pursuant to s. 337.11(8) which is not included in the
   67  department’s work program approved by the Legislature as part of
   68  the General Appropriations Act, or any amount paid pursuant to
   69  any other law, the department must:
   70         (a) Document in a written memorandum by the secretary the
   71  specific reasons that such settlement and payment to a
   72  nonselected responsive bidder is in the best interest of the
   73  state. The written memorandum must be included and maintained in
   74  the department’s permanent files concerning the procurement and
   75  must include:
   76         1. A description of the property rights, patent rights,
   77  copyrights, trademarks, or the engineering design or other
   78  design work that the department will acquire or retain as a
   79  result of such settlement; and
   80         2. The specific appropriation in the existing General
   81  Appropriations Act which the department intends to use to
   82  provide such payment.
   83         (b) Provide prior written notification to the President of
   84  the Senate, the Speaker of the House of Representatives, the
   85  Senate and House of Representatives minority leaders, the chair
   86  and vice chair of the Legislative Budget Commission, and the
   87  Attorney General at least 5 business days, or as soon thereafter
   88  as practicable, before the department makes the settlement
   89  agreement final. Such written notification must include the
   90  written memorandum required pursuant to paragraph (a).
   91         (c) Provide, at the time settlement discussions regarding
   92  any such payment have begun in earnest, written notification of
   93  such discussions to the President of the Senate, the Speaker of
   94  the House of Representatives, the Senate and House of
   95  Representatives minority leaders, the chair and vice chair of
   96  the Legislative Budget Commission, and the Attorney General.
   97         Section 4. Subsections (1) and (4) of section 337.14,
   98  Florida Statutes, are amended to read:
   99         337.14 Application for qualification; certificate of
  100  qualification; restrictions; request for hearing.—
  101         (1) A Any contractor desiring to bid for the performance of
  102  any construction contract in excess of $250,000 which the
  103  department proposes to let must first be certified by the
  104  department as qualified pursuant to this section and rules of
  105  the department. The rules of the department must address the
  106  qualification of contractors to bid on construction contracts in
  107  excess of $250,000 and must include requirements with respect to
  108  the equipment, past record, experience, financial resources, and
  109  organizational personnel of the applying contractor which are
  110  necessary to perform the specific class of work for which the
  111  contractor seeks certification. Any contractor who desires to
  112  bid on contracts in excess of $50 million and who is not
  113  qualified and in good standing with the department as of January
  114  1, 2019, must first be certified by the department as qualified
  115  and must have satisfactorily completed two projects, each in
  116  excess of $15 million, for the department or for any other state
  117  department of transportation. The department may limit the
  118  dollar amount of any contract upon which a contractor is
  119  qualified to bid or the aggregate total dollar volume of
  120  contracts such contractor is allowed to have under contract at
  121  any one time. Each applying contractor seeking qualification to
  122  bid on construction contracts in excess of $250,000 shall
  123  furnish the department a statement under oath, on such forms as
  124  the department may prescribe, setting forth detailed information
  125  as required on the application. Each application for
  126  certification must be accompanied by audited, certified
  127  financial statements prepared in accordance with generally
  128  accepted accounting principles and auditing standards by a
  129  certified public accountant licensed in this state or another
  130  state. The audited, certified financial statements must be for
  131  the applying contractor and must have been prepared within the
  132  immediately preceding 12 months. The department may not consider
  133  any financial information of the parent entity of the applying
  134  contractor, if any. The department may not certify as qualified
  135  any applying contractor who fails to submit the audited,
  136  certified financial statements required by this subsection. If
  137  the application or the annual financial statement shows the
  138  financial condition of the applying contractor more than 4
  139  months before the date on which the application is received by
  140  the department, the applicant must also submit interim audited,
  141  certified financial statements prepared in accordance with
  142  generally accepted accounting principles and auditing standards
  143  by a certified public accountant licensed in this state or
  144  another state. The interim financial statements must cover the
  145  period from the end date of the annual statement and must show
  146  the financial condition of the applying contractor no more than
  147  4 months before the date that the interim financial statements
  148  are received by the department. However, upon the request of the
  149  applying contractor, an application and accompanying annual or
  150  interim financial statement received by the department within 15
  151  days after either 4-month period under this subsection must
  152  shall be considered timely. An applying contractor desiring to
  153  bid exclusively for the performance of construction contracts
  154  with proposed budget estimates of less than $2 $1 million may
  155  submit reviewed annual or reviewed interim financial statements
  156  prepared by a certified public accountant. The information
  157  required by this subsection is confidential and exempt from s.
  158  119.07(1). The department shall act upon the application for
  159  qualification within 30 days after the department determines
  160  that the application is complete. The department may waive the
  161  requirements of this subsection for projects having a contract
  162  price of $500,000 or less if the department determines that the
  163  project is of a noncritical nature and that the waiver will not
  164  endanger public health, safety, or property.
  165         (4) If the applicant is found to possess the prescribed
  166  qualifications, the department must shall issue to him or her a
  167  certificate of qualification that, unless thereafter revoked by
  168  the department for good cause, will be valid for a period of 18
  169  months after the date of the applicant’s financial statement or
  170  such shorter period as the department prescribes. Submission of
  171  an application does and subsequent approval do not affect
  172  expiration of the certificate of qualification. An applicant may
  173  submit a written request with a timely submitted application to
  174  keep an existing certificate of qualification in place until the
  175  expiration date. If the request is approved by the department,
  176  the current maximum capacity rating of the applicant must remain
  177  in place until expiration of the current certificate of
  178  qualification, the ability factor of the applicant, or the
  179  maximum capacity rating of the applicant. If the department
  180  finds that an application is incomplete or contains inadequate
  181  information or information that cannot be verified, the
  182  department may request in writing that the applicant provide the
  183  necessary information to complete the application or provide the
  184  source from which any information in the application may be
  185  verified. If the applicant fails to comply with the initial
  186  written request within a reasonable period of time as specified
  187  therein, the department must shall request the information a
  188  second time. If the applicant fails to comply with the second
  189  request within a reasonable period of time as specified therein,
  190  the application must shall be denied.
  191         Section 5. Section 337.168, Florida Statutes, is amended to
  192  read:
  193         337.168 Confidentiality of official estimates, identities
  194  of potential bidders, and the bid analysis, and monitoring
  195  system.—
  196         (1) A document or electronic file revealing the official
  197  cost estimate of the department of a project is confidential and
  198  exempt from the provisions of s. 119.07(1) until the contract
  199  for the project has been executed or until the project is no
  200  longer under active consideration.
  201         (2) A document that reveals the identity of a person who
  202  has requested or obtained a bid package, plan, or specifications
  203  pertaining to any project to be let by the department is
  204  confidential and exempt from the provisions of s. 119.07(1) for
  205  the period that begins 2 working days before the deadline for
  206  obtaining bid packages, plans, or specifications and ends with
  207  the letting of the bid. A document that reveals the identity of
  208  a person who has requested or obtained a bid package, plan, or
  209  specifications pertaining to any project to be let by the
  210  department before the 2 working days before the deadline for
  211  obtaining bid packages, plans, or specifications remains a
  212  public record subject to s. 119.07(1).
  213         (3) The bid analysis and monitoring system of the
  214  department is confidential and exempt from the provisions of s.
  215  119.07(1). This exemption applies to all system documentation,
  216  input, computer processes and programs, electronic data files,
  217  and output, but does not apply to the actual source documents,
  218  unless otherwise exempted under other provisions of law.
  219         Section 6. Paragraph (a) of subsection (1) of section
  220  338.223, Florida Statutes, is amended to read:
  221         338.223 Proposed turnpike projects.—
  222         (1)(a) Any proposed project to be constructed or acquired
  223  as part of the turnpike system and any turnpike improvement must
  224  shall be included in the tentative work program. A proposed
  225  project or group of proposed projects may not be added to the
  226  turnpike system unless such project or projects are determined
  227  to be economically feasible and a statement of environmental
  228  feasibility has been completed for such project or projects and
  229  such projects are determined to be consistent, to the maximum
  230  extent feasible, with approved local government comprehensive
  231  plans of the local governments in which such projects are
  232  located. The department may authorize engineering studies,
  233  traffic studies, environmental studies, and other expert studies
  234  of the location, costs, economic feasibility, and practicality
  235  of proposed turnpike projects throughout this the state and may
  236  proceed with the design phase of such projects. The department
  237  may not request legislative approval of a proposed turnpike
  238  project until the design phase of that project is at least 30
  239  percent complete. If a proposed project or group of proposed
  240  projects is found to be economically feasible, consistent, to
  241  the maximum extent feasible, with approved local government
  242  comprehensive plans of the local governments in which such
  243  projects are located, and a favorable statement of environmental
  244  feasibility has been completed, the department, with the
  245  approval of the Legislature, must shall, after the receipt of
  246  all necessary permits, construct, maintain, and operate such
  247  turnpike projects.
  248         Section 7. Section 334.180, Florida Statutes, is created to
  249  read:
  250         334.180 Department electronic tickets.—An electronic ticket
  251  generated by a system used by the department serves as an
  252  official record for material deliveries on local government
  253  projects. Notwithstanding any law, rule, or ordinance to the
  254  contrary, a local government may not refuse to accept such
  255  electronic ticket.
  256         Section 8. This act shall take effect July 1, 2023.
  257  
  258  ================= T I T L E  A M E N D M E N T ================
  259  And the title is amended as follows:
  260         Delete everything before the enacting clause
  261  and insert:
  262                        A bill to be entitled                      
  263         An act relating to the Department of Transportation;
  264         amending s. 334.179, F.S.; revising the definition of
  265         the term “certified for use” in regard to permissible
  266         use of aggregates; prohibiting a producer from
  267         certifying shipments of aggregates which are not in
  268         compliance with department rules; requiring a producer
  269         to certify aggregates in accordance with specified
  270         rules; amending s. 337.11, F.S.; requiring that
  271         contracts let by the department for performance of
  272         bridge construction or maintenance over navigable
  273         waters contain certain insurance requirements;
  274         requiring the department to implement and track
  275         strategies to reduce the cost of projects while
  276         ensuring that such projects meet federal and state
  277         standards; authorizing the department to share a
  278         portion of cost savings with certain consultants under
  279         specified circumstances; providing that payments to
  280         consultants may not exceed a specified amount;
  281         amending s. 337.1101, F.S.; revising the calculation
  282         of a certain settlement paid to a nonselected
  283         responsive bidder which requires the department to
  284         maintain certain records and provide certain notices
  285         to the Legislature and the Attorney General; amending
  286         s. 337.14, F.S.; increasing the proposed budget
  287         estimates of construction contracts for which an
  288         applying contractor may submit certain financial
  289         statements; revising procedures relating to
  290         certificates of qualification issued by the department
  291         to construction contractors seeking certification to
  292         bid on certain contracts; amending s. 337.168, F.S.;
  293         deleting a public records exemption for certain
  294         documents that reveal the identity of a potential
  295         bidder; amending s. 338.223, F.S.; deleting a
  296         requirement regarding the department’s request for
  297         legislative approval of proposed turnpike projects;
  298         creating s. 334.180, F.S.; specifying that an
  299         electronic ticket generated by a system used by the
  300         department serves as a certain official record;
  301         prohibiting local governments from refusing to accept
  302         such electronic tickets; providing an effective date.