Senate Bill sb0024Ber

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    ENROLLED

    2002 Legislature                                CS for SB 24-B



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  2         An act relating to construction of

  3         transportation facilities; amending s. 337.107,

  4         F.S.; allowing the Department of

  5         Transportation, until July 1, 2003, to include

  6         right-of-way services as part of design-build

  7         contracts; amending s. 337.11, F.S.;

  8         broadening, until July 1, 2003, the list of

  9         transportation projects that may be awarded as

10         design-build contracts; specifying that

11         construction of any portion of a project under

12         a design-build contract may not begin until

13         title to the necessary rights-of-way and

14         easements for that portion has vested in the

15         state or a local governmental entity and all

16         railroad crossing and utility agreements have

17         been executed; providing an effective date.

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

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21         Section 1.  Section 337.107, Florida Statutes, is

22  amended to read:

23         337.107  Contracts for right-of-way services.--The

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

25  right-of-way services on transportation corridors and

26  transportation facilities, or the department may include

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

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

29  negotiation and acquisition services, appraisal services,

30  demolition and removal of improvements, and asbestos-abatement

31  services.


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




    ENROLLED

    2002 Legislature                                CS for SB 24-B



  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.  Effective July 1, 2003, section 337.107,

27  Florida Statutes, as amended by this act, is amended to read:

28         337.107  Contracts for right-of-way services.--The

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

30  right-of-way services on transportation corridors and

31  transportation facilities, or the department may include


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




    ENROLLED

    2002 Legislature                                CS for SB 24-B



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

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

  3  negotiation and acquisition services, appraisal services,

  4  demolition and removal of improvements, and asbestos-abatement

  5  services.

  6         Section 4.  Effective July 1, 2003, paragraph (a) of

  7  subsection (7) of section 337.11, Florida Statutes, as amended

  8  by this act, is amended to read:

  9         337.11  Contracting authority of department; bids;

10  emergency repairs, supplemental agreements, and change orders;

11  combined design and construction contracts; progress payments;

12  records; requirements of vehicle registration.--

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

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

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

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

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

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

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

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

21  Design-build contracts may be advertised and awarded

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

23  construction activities may not begin on any portion of such

24  projects for which the department has not yet obtained title

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

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

27  the state or a local governmental entity and all railroad

28  crossing and utility agreements have been executed. Title to

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

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

31  prescription.


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




    ENROLLED

    2002 Legislature                                CS for SB 24-B



  1         Section 5.  This act shall take effect upon becoming a

  2  law.

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