Senate Bill sb0024B

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    Florida Senate - 2001                                  SB 24-B

    By Senator Clary





    309-504-02

  1                      A bill to be entitled

  2         An act relating to construction of

  3         transportation facilities; amending s. 337.107,

  4         F.S.; allowing the Department of Transportation

  5         to include right-of-way services as part of

  6         design-build contracts; amending s. 337.11,

  7         F.S.; broadening the list of transportation

  8         projects that may be awarded as design-build

  9         contracts; specifying that construction of any

10         portion of a project under a design-build

11         contract may not begin until title to the

12         necessary rights-of-way and easements for that

13         portion has vested in the state or a local

14         governmental entity and all railroad crossing

15         and utility agreements have been executed;

16         providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 337.107, Florida Statutes, is

21  amended to read:

22         337.107  Contracts for right-of-way services.--The

23  department may enter into contracts pursuant to s. 287.055 for

24  right-of-way services on transportation corridors and

25  transportation facilities, or the department may include

26  right-of-way services as part of design-build contracts

27  awarded pursuant to s. 337.11.  Right-of-way services include

28  negotiation and acquisition services, appraisal services,

29  demolition and removal of improvements, and asbestos-abatement

30  services.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 24-B
    309-504-02




  1         Section 2.  Paragraph (a) of subsection (7) of section

  2  337.11, Florida Statutes, is amended to read:

  3         337.11  Contracting authority of department; bids;

  4  emergency repairs, supplemental agreements, and change orders;

  5  combined design and construction contracts; progress payments;

  6  records; requirements of vehicle registration.--

  7         (7)(a)  If the head of the department determines that

  8  it is in the best interests of the public, the department may

  9  combine the right-of-way services and design and construction

10  phases of any a building, a major bridge, or a rail corridor

11  project into a single contract, except for a resurfacing or

12  minor bridge project the right-of-way services and design and

13  construction phases of which may be combined under s. 337.025.

14  Such contract is referred to as a design-build contract.

15  Design-build contracts may be advertised and awarded

16  notwithstanding the requirements of paragraph (3)(c). However,

17  construction activities may not begin on any portion of such

18  projects for which the department has not yet obtained title

19  until title to the necessary rights-of-way and easements for

20  the construction of that portion of the project has vested in

21  the state or a local governmental entity and all railroad

22  crossing and utility agreements have been executed. Title to

23  rights-of-way shall be deemed to have vested in the state when

24  the title has been dedicated to the public or acquired by

25  prescription.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2001                                  SB 24-B
    309-504-02




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  2                          HOUSE SUMMARY

  3
      Permits the Department of Transportation to include
  4    right-of-way services as part of design-build contracts
      on transportation corridors and transportation
  5    facilities. Broadens the list of transportation projects
      that may be awarded as design-build contracts and
  6    specifies that construction of any portion of a project
      under a design-build contract may not begin until title
  7    to the necessary rights-of-way and easements for that
      portion has vested in the state or a local governmental
  8    entity and all railroad crossings and utility agreements
      have been executed.
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CODING: Words stricken are deletions; words underlined are additions.