HB 1373 2003
1	A bill to be entitled
2	An act relating to transportation administration; amending
3	s. 255.20, F.S.; allowing certain local governmental
4	entities to require prequalification of contractors for
5	described transportation facilities construction;
6	providing a condition for ineligibility; providing a
7	presumption of eligibility for contractors prequalified by
8	the Department of Transportation; providing for an appeal
9	process to overcome that presumption; requiring
10	publication of prequalification criteria and procedures
11	prior to advertisement or notice of solicitation;
12	requiring a public hearing; requiring a process for
13	appeal; amending s. 330.27, F.S.; revising definitions;
14	amending s. 330.29, F.S.; revising duties of the
15	Department of Transportation; requiring the department to
16	establish requirements for airport site approval,
17	licensure, and registration; requiring the department to
18	establish and maintain a state aviation facility data
19	system; amending s. 330.30, F.S.; revising provisions for
20	airport site approval; revising provisions for airport
21	licensing; providing for a private airport registration
22	process; specifying requirements for such licensing and
23	registration; deleting airport license fees; providing for
24	expiration and revocation of such license or registration;
25	revising provisions for exemption from such registration
26	and licensing requirements; exempting described areas and
27	facilities from such requirements; providing described
28	private airports the option to be inspected and licensed
29	by the department; amending s. 330.35, F.S.; revising
30	provisions for airport zoning protection for public-use
31	airports; amending s. 336.467, F.S.; providing for the
32	department to enter into agreements with other
33	governmental entities to acquire right-of-way; deleting
34	certain project criteria for such agreements; amending s.
35	337.14, F.S.; revising timeframe for department to act on
36	an application for qualification as a contractor; adding
37	testing services to those activities that specified
38	contractors may not qualify to perform; amending s.
39	337.18, F.S.; revising basis for determining certain
40	incentive payments to contractors; deleting limitation on
41	such payments; amending s. 337.401, F.S.; allowing the
42	department under described circumstances to enter into
43	permit-delegation agreements with other governmental
44	entities for issuance of permit to use certain rights-of-
45	way; providing effective dates.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1. Subsection (1) of section 255.20, Florida
50	Statutes, is amended to read:
51	255.20 Local bids and contracts for public construction
52	works; specification of state-produced lumber.--
53	(1) A county, municipality, special district as defined in
54	chapter 189, or other political subdivision of the state seeking
55	to construct or improve a public building, structure, or other
56	public construction works must competitively award to an
57	appropriately licensed contractor each project that is estimated
58	in accordance with generally accepted cost-accounting principles
59	to have total construction project costs of more than $200,000.
60	For electrical work, local government must competitively award
61	to an appropriately licensed contractor each project that is
62	estimated in accordance with generally accepted cost-accounting
63	principles to have a cost of more than $50,000. As used in this
64	section, the term "competitively award" means to award contracts
65	based on the submission of sealed bids, proposals submitted in
66	response to a request for proposal, proposals submitted in
67	response to a request for qualifications, or proposals submitted
68	for competitive negotiation. This subsection expressly allows
69	contracts for construction management services, design/build
70	contracts, continuation contracts based on unit prices, and any
71	other contract arrangement with a private sector contractor
72	permitted by any applicable municipal or county ordinance, by
73	district resolution, or by state law. For purposes of this
74	section, construction costs include the cost of all labor,
75	except inmate labor, and include the cost of equipment and
76	materials to be used in the construction of the project. Subject
77	to the provisions of subsection (3), the county, municipality,
78	special district, or other political subdivision may establish,
79	by municipal or county ordinance or special district resolution,
80	procedures for conducting the bidding process.
81	(a) Notwithstanding any other law to the contrary, a
82	county, municipality, special district as defined in chapter 189,
83	or other political subdivision of the state seeking to construct
84	or improve bridges, roads, streets, highways, or railroads, and
85	services incidental thereto, in excess of $250,000, may require
86	that persons interested in performing work under contract first
87	be certified or qualified to perform such work. Any contractor
88	may be considered ineligible to bid by the governmental entity if
89	the contractor is behind an approved progress schedule for the
90	governmental entity by 10 percent or more at the time of
91	advertisement of the work. Any contractor prequalified and
92	considered eligible by the Department of Transportation to bid to
93	perform the type of work described under the contract shall be
94	presumed to be qualified to perform the work so described. The
95	governmental entity may provide an appeal process to overcome
96	that presumption with de novo review based on the record below to
97	the circuit court.
98	(b) With respect to contractors not prequalified with the
99	Department of Transportation, the governmental entity shall
100	publish prequalification criteria and procedures prior to
101	advertisement or notice of solicitation. Such publications shall
102	include notice of a public hearing for comment on such criteria
103	and procedures prior to adoption. The procedures shall provide
104	for an appeal process within the authority for objections to the
105	prequalification process with de novo review based on the record
106	below to the circuit court within 30 days.
107	(c)(a)The provisions of this subsection do not apply:
108	1. When the project is undertaken to replace, reconstruct,
109	or repair an existing facility damaged or destroyed by a sudden
110	unexpected turn of events, such as an act of God, riot, fire,
111	flood, accident, or other urgent circumstances, and such damage
112	or destruction creates:
113	a. An immediate danger to the public health or safety;
114	b. Other loss to public or private property which requires
115	emergency government action; or
116	c. An interruption of an essential governmental service.
117	2. When, after notice by publication in accordance with
118	the applicable ordinance or resolution, the governmental entity
119	does not receive any responsive bids or responses.
120	3. To construction, remodeling, repair, or improvement to
121	a public electric or gas utility system when such work on the
122	public utility system is performed by personnel of the system.
123	4. To construction, remodeling, repair, or improvement by
124	a utility commission whose major contracts are to construct and
125	operate a public electric utility system.
126	5. When the project is undertaken as repair or maintenance
127	of an existing public facility.
128	6. When the project is undertaken exclusively as part of a
129	public educational program.
130	7. When the funding source of the project will be
131	diminished or lost because the time required to competitively
132	award the project after the funds become available exceeds the
133	time within which the funding source must be spent.
134	8. When the local government has competitively awarded a
135	project to a private sector contractor and the contractor has
136	abandoned the project before completion or the local government
137	has terminated the contract.
138	9. When the governing board of the local government, after
139	public notice, conducts a public meeting under s. 286.011 and
140	finds by a majority vote of the governing board that it is in
141	the public's best interest to perform the project using its own
142	services, employees, and equipment. The public notice must be
143	published at least 14 days prior to the date of the public
144	meeting at which the governing board takes final action to apply
145	this subparagraph. The notice must identify the project, the
146	estimated cost of the project, and specify that the purpose for
147	the public meeting is to consider whether it is in the public's
148	best interest to perform the project using the local
149	government's own services, employees, and equipment. In deciding
150	whether it is in the public's best interest for local government
151	to perform a project using its own services, employees, and
152	equipment, the governing board may consider the cost of the
153	project, whether the project requires an increase in the number
154	of government employees, an increase in capital expenditures for
155	public facilities, equipment or other capital assets, the impact
156	on local economic development, the impact on small and minority
157	business owners, the impact on state and local tax revenues,
158	whether the private sector contractors provide health insurance
159	and other benefits equivalent to those provided by the local
160	government, and any other factor relevant to what is in the
161	public's best interest.
162	10. When the governing board of the local government
163	determines upon consideration of specific substantive criteria
164	and administrative procedures that it is in the best interest of
165	the local government to award the project to an appropriately
166	licensed private sector contractor according to procedures
167	established by and expressly set forth in a charter, ordinance,
168	or resolution of the local government adopted prior to July 1,
169	1994. The criteria and procedures must be set out in the
170	charter, ordinance, or resolution and must be applied uniformly
171	by the local government to avoid award of any project in an
172	arbitrary or capricious manner. This exception shall apply when
173	all of the following occur:
174	a. When the governing board of the local government, after
175	public notice, conducts a public meeting under s. 286.011 and
176	finds by a two-thirds vote of the governing board that it is in
177	the public's best interest to award the project according to the
178	criteria and procedures established by charter, ordinance, or
179	resolution. The public notice must be published at least 14 days
180	prior to the date of the public meeting at which the governing
181	board takes final action to apply this subparagraph. The notice
182	must identify the project, the estimated cost of the project,
183	and specify that the purpose for the public meeting is to
184	consider whether it is in the public's best interest to award
185	the project using the criteria and procedures permitted by the
186	preexisting ordinance.
187	b. In the event the project is to be awarded by any method
188	other than a competitive selection process, the governing board
189	must find evidence that:
190	(I) There is one appropriately licensed contractor who is
191	uniquely qualified to undertake the project because that
192	contractor is currently under contract to perform work that is
193	affiliated with the project; or
194	(II) The time to competitively award the project will
195	jeopardize the funding for the project, or will materially
196	increase the cost of the project or will create an undue
197	hardship on the public health, safety, or welfare.
198	c. In the event the project is to be awarded by any method
199	other than a competitive selection process, the published notice
200	must clearly specify the ordinance or resolution by which the
201	private sector contractor will be selected and the criteria to
202	be considered.
203	d. In the event the project is to be awarded by a method
204	other than a competitive selection process, the architect or
205	engineer of record has provided a written recommendation that
206	the project be awarded to the private sector contractor without
207	competitive selection; and the consideration by, and the
208	justification of, the government body are documented, in
209	writing, in the project file and are presented to the governing
210	board prior to the approval required in this paragraph.
211	11. To projects subject to chapter 336.
212	(d)(b)1. If the project is to be awarded based on price,
213	the contract must be awarded to the lowest qualified and
214	responsive bidder in accordance with the applicable county or
215	municipal ordinance or district resolution and in accordance
216	with the applicable contract documents. The county,
217	municipality, or special district may reserve the right to
218	reject all bids and to rebid the project or elect not to proceed
219	with the project. This subsection is not intended to restrict
220	the rights of any local government to reject the low bid of a
221	nonqualified or nonresponsive bidder and to award the contract
222	to any other qualified and responsive bidder in accordance with
223	the standards and procedures of any applicable county or
224	municipal ordinance or any resolution of a special district.
225	2. If the project uses a request for proposal or a request
226	for qualifications, the request must be publicly advertised and
227	the contract must be awarded in accordance with the applicable
228	local ordinances.
229	3. If the project is subject to competitive negotiations,
230	the contract must be awarded in accordance with s. 287.055.
231	(e)(c)If a construction project greater than $200,000, or
232	$50,000 for electrical work, is started after October 1, 1999,
233	and is to be performed by a local government using its own
234	employees in a county or municipality that issues registered
235	contractor licenses and the project would require a licensed
236	contractor under chapter 489 if performed by a private sector
237	contractor, the local government must use a person appropriately
238	registered or certified under chapter 489 to supervise the work.
239	(f)(d)If a construction project greater than $200,000, or
240	$50,000 for electrical work, is started after October 1, 1999,
241	and is to be performed by a local government using its own
242	employees in a county that does not issue registered contractor
243	licenses and the project would require a licensed contractor
244	under chapter 489 if performed by a private sector contractor,
245	the local government must use a person appropriately registered
246	or certified under chapter 489 or a person appropriately
247	licensed under chapter 471 to supervise the work.
248	(g)(e)Projects performed by a local government using its
249	own services and employees must be inspected in the same manner
250	as inspections required for work performed by private sector
251	contractors.
252	(h)(f)A construction project provided for in this
253	subsection may not be divided into more than one project for the
254	purpose of evading this subsection.
255	(i)(g)This subsection does not preempt the requirements
256	of any small-business or disadvantaged-business enterprise
257	program or any local-preference ordinance.
258	Section 2. Effective October 1, 2003, section 330.27,
259	Florida Statutes, is amended to read:
260	330.27 Definitions, when used in ss. 330.29-330.36,
261	330.38, 330.39.--
262	(1) "Aircraft" means a powered or unpowered machine or
263	device capable of atmospheric flightany motor vehicle or
264	contrivance now known, or hereafter invented, which is used or
265	designed for navigation of or flight in the air, except a
266	parachute or other such devicecontrivance designed for such
267	navigation butused primarily as safety equipment.
268	(2) "Airport" means anany area of land or water, or any
269	manmade object or facility located thereon, which is used for,
270	or intended to be used for,use, for thelanding and takeoff of
271	aircraft, includingand any appurtenant areas,which are used,
272	or intended for use, for airport buildings,or other airport
273	facilities, or rights-of-way necessary to facilitate such use or
274	intended use, together with all airport buildings and facilities
275	located thereon.
276	(3) "Airport hazard" means any structure, object of
277	natural growth, or use of land which obstructs the airspace
278	required for the flight of aircraft in landing or taking off at
279	an airport or which is otherwise hazardous to such landing or
280	taking off.
281	(4) "Aviation" means the science and art of flight and
282	includes, but is not limited to, transportation by aircraft; the
283	operation, construction, repair, or maintenance of aircraft,
284	aircraft power plants, and accessories, including the repair,
285	packing, and maintenance of parachutes; the design,
286	establishment, construction, extension, operation, improvement,
287	repair, or maintenance of airports or other air navigation
288	facilities; and instruction in flying or ground subjects
289	pertaining thereto.
290	(3)(5)"Department" means the Department of
291	Transportation.
292	(4)(6) "Limited airport" means anyan airport, publicly or
293	privately owned,limited exclusively to the specific conditions
294	stated on the site approval order or license.
295	(7) "Operation of aircraft" or "operate aircraft" means
296	the use, navigation, or piloting of aircraft in the airspace
297	over this state or upon any airport within this state.
298	(8) "Political subdivision" means any county,
299	municipality, district, port or aviation commission or
300	authority, or similar entity authorized to establish or operate
301	an airport in this state.
302	(5)(9)"Private airport" means an airport, publicly or
303	privately owned, which is not open or available for use by the
304	public,used primarily by the licensee but may be madewhich is
305	available to othersfor use by invitation of the owner or
306	manager licensee. Services may be provided if authorized by the
307	department.
308	(6)(10)"Public airport" means an airport, publicly or
309	privately owned, which meets minimum safety and service
310	standards andis open for use by the public.
311	(7)(11) "Temporary airport" means anyan airport, publicly
312	or privately owned, that will be used for a period of less than
313	3090days with no more than 10 operations per day.
314	(8)(12) "Ultralight aircraft" means any heavier-than-air,
315	motorized aircraft meetingwhich meets the criteria for maximum
316	weight, fuel capacity, and airspeed established for such
317	aircraft by the Federal Aviation Administration underPart 103
318	of the Federal Aviation Regulations.
319	Section 3. Effective October 1, 2003, section 330.29,
320	Florida Statutes, is amended to read:
321	330.29 Administration and enforcement; rules; requirements
322	standardsfor airport sites and airports.--It is the duty of the
323	department to:
324	(1) Administer and enforce the provisions of this chapter.
325	(2) Establish requirements for airport site approval,
326	licensure, and registrationminimum standards for airport sites
327	and airports under its licensing jurisdiction.
328	(3) Establish and maintain a state aviation facility data
329	system to facilitate licensing and registration of all airports.
330	(4)(3)Adopt rules pursuant to ss. 120.536(1) and 120.54
331	to implement the provisions of this chapter.
332	Section 4. Effective October 1, 2003, section 330.30,
333	Florida Statutes, is amended to read:
334	330.30 Approval of airport sites; registration and
335	licensurelicensing of airports; fees.--
336	(1) SITE APPROVALS; REQUIREMENTS, FEES,EFFECTIVE PERIOD,
337	REVOCATION.--
338	(a) Except as provided in subsection (3), the owner or
339	lessee of any proposed airport shall, prior to sitethe
340	acquisition of the site or prior to theconstruction or
341	establishment of the proposed airport, obtain approval of the
342	airport site from the department. Applications for approval of a
343	site and for an original license shall be jointly made inona
344	form and manner prescribed by the department and shall be
345	accompanied by a site approval fee of $100. The department,
346	after inspection of the airport site,shall grant the site
347	approval if it is satisfied:
348	1. That the site hasis adequate area allocated for the
349	airport as proposed.airport;
350	2. That the proposed airport, if constructed or
351	established, will conform to licensing or registration
352	requirementsminimum standards of safety and will comply with
353	the applicable local government land development regulations or
354	county or municipal zoning requirements.;
355	3. That all affectednearby airports, local governments
356	municipalities, and property owners have been notified and any
357	comments submitted by them have been given adequate
358	consideration.; and
359	4. That safe air-traffic patterns can be established
360	worked out for the proposed airport withand forall existing
361	airports and approved airport sites in its vicinity.
362	(b) Site approval shall be granted for public airports
363	only after a favorable department inspection of the proposed
364	site.
365	(c) Site approval shall be granted for private airports
366	only after receipt of documentation in a form and manner the
367	department deems necessary to satisfy the conditions in
368	paragraph (a).
369	(d)(b)Site approval may be granted subject to any
370	reasonable conditions which the department deemsmay deem
371	necessary to protect the public health, safety, or welfare.
372	(e)Such Approval shall remain validin effect for a
373	period of 2 years after the date of issueissuance of the site
374	approval order, unless sooner revoked by the department or
375	unless, prior to the expiration of the 2-year period, a public
376	airport license is issued or private airport registration
377	completedfor an airport located on the approved site has been
378	issued pursuant to subsection (2) prior to the expiration date.
379	(f) The department may extend a site approval may be
380	extended for subsequent periods of 2 years per extension fora
381	maximum of 2 years upon good cause shown by the owner or lessee
382	of the airport site.
383	(g)(c) The department may revoke a sitesuchapproval if
384	it determines:
385	1. That there has been an abandonment of the site has been
386	abandonedas an airport site;
387	2. That there has been a failure within a reasonable time
388	to develop the site has not been developed as an airport within
389	a reasonable time period or development does nottocomply with
390	the conditions of the siteapproval;
391	3. That, except as required for in-flight emergencies,the
392	operation of aircraft have operatedof a nonemergency nature has
393	occurredon the site; or
394	4. That, because of changed physical or legal conditions
395	or circumstances, the site is no longer usable for theaviation
396	purposes due to physical or legal changes in conditions that
397	were the subject of thefor which the approval wasgranted.
398	(2) LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,
399	RENEWAL, REVOCATION.--
400	(a) Except as provided in subsection (3), the owner or
401	lessee of anyan airport in this state shall have either a
402	public airportmust obtain a license or private airport
403	registration prior to the operation of aircraft to or from the
404	facilityon the airport. An Application for asuch license or
405	registration shall be made inon a form and mannerprescribed by
406	the department and shall be accomplished jointly with an
407	application for site approval. Upon granting site approval:,
408	making a favorable final airport inspection report indicating
409	compliance with all license requirements, and receiving the
410	appropriate license fee, the department shall issue a license to
411	the applicant, subject to any reasonable conditions that the
412	department may deem necessary to protect the public health,
413	safety, or welfare.
414	1. For a public airport, the department shall issue a
415	license after a final airport inspection finds the facility to
416	be in compliance with all requirements for the license. The
417	license may be subject to any reasonable conditions that the
418	department may deem necessary to protect the public health,
419	safety, or welfare.
420	2. For a private airport, the department shall provide
421	controlled electronic access to the state aviation facility data
422	system to permit the applicant to complete the registration
423	process. Registration shall be completed upon self-certification
424	by the registrant of operational and configuration data deemed
425	necessary by the department.
426	(b) The department mayis authorized to license a public
427	an airport that does not meet all of the minimumstandards only
428	if it determines that such exception is justified by unusual
429	circumstances or is in the interest of public convenience and
430	does not endanger the public health, safety, or welfare. Such a
431	license shall bear the designation "special" and shall state the
432	conditions subject to which the license is granted.
433	(c) The department may license a public airport or a
434	private airport may registerauthorize a siteas a temporary
435	airport providedif it finds, after inspection of the site,that
436	the airport will not endanger the public health, safety, or
437	welfare and the airport meets the temporary airport requirements
438	established by the department. A temporary airport license or
439	registration shall be valid for lessSuch authorization shall
440	expire not later than 3090 days after issuanceand is not
441	renewable.
442	(d) The license fees for the four categories of airport
443	licenses are:
444	1. Public airport: $100.
445	2. Private airport: $70.
446	3. Limited airport: $50.
447	4. Temporary airport: $25.
448
449	Airports owned or operated by the state, a county, or a
450	municipality and emergency helistops operated by licensed
451	hospitals are required to be licensed but are exempt from the
452	payment of site approval fees and annual license fees.
453	(d)(e)1. Each public airport license shallwillexpire no
454	later than 1 year after the effective date of the license,
455	except that the expiration date of a license may be adjusted to
456	provide a maximum license period of 18 months to facilitate
457	airport inspections, recognize seasonal airport operations, or
458	improve administrative efficiency. If the expiration date for a
459	public airport is adjusted, the appropriate license fee shall be
460	determined by prorating the annual fee based on the length of
461	the adjusted license period.
462	2. RegistrationThe license period for privateall
463	airports shall remain valid provided specific elements of
464	airport data, established by the department, are periodically
465	recertified by the airport registrant. The ability to recertify
466	private airport registration data shall be available at all
467	times by electronic submittal. A private airport registration
468	that has not been recertified in the 24-month period following
469	the last certification shall expire, unless the registration
470	period has been adjusted by the department for purposes of
471	informing private airport owners of their registration
472	responsibilities or promoting administrative efficiency. The
473	expiration date of the current registration period will be
474	clearly identifiable from the state aviation facility data
475	systemother than public airports will be set by the department,
476	but shall not exceed a period of 5 years. In determining the
477	license period for such airports, the department shall consider
478	the number of based aircraft, the airport location relative to
479	adjacent land uses and other airports, and any other factors
480	deemed by the department to be critical to airport operation and
481	safety.
482	3. The effective date and expiration date shall be shown
483	on public airport licensesstated on the face of the license.
484	Upon receiving an application for renewal of an airporta
485	license inon a form and manner prescribed by the department and
486	receiving, makinga favorable inspection report indicating
487	compliance with all applicable requirements and conditions, and
488	receiving the appropriate annual license fee, the department
489	shall renew the license, subject to any conditions deemed
490	necessary to protect the public health, safety, or welfare.
491	4. The department may require a new site approval for any
492	an airport if the license or registrationof the airport has
493	expirednot been renewed by the expiration date.
494	5. If the renewal application for a public airport license
495	hasand fees have not been received by the department or no
496	private airport registration recertification has been
497	accomplished within 15 days after the date of expiration of the
498	license, the department may revokeclose the airport license or
499	registration.
500	(e)(f) The department may revoke, or refuse to allow or
501	issue, any airport registration or recertification, or any
502	license or license renewal thereof, or refuse to issue a
503	renewal, if it determines:
504	1. That the sitethere has been abandoned as an
505	abandonment of the airport as such;
506	2. That the airport does notthere has been a failure to
507	comply with the conditions of the license, licenseor renewal,
508	or site approvalthereof; or
509	3. That, because of changed physical or legal conditions
510	or circumstances,the airport has become either unsafe or
511	unusable for flight operation due to physical or legal changes
512	in conditions that were the subject of approvalthe aeronautical
513	purposes for which the license or renewal was issued.
514	(3) EXEMPTIONS.--The provisions of this section do not
515	apply to:
516	(a) An airport owned or operated by the United States.
517	(b) An ultralight aircraft landing area; except that any
518	public ultralight airport located more thanwithin5 nautical
519	miles from aof another public airport or military airport,
520	exceptorany ultralight landing area with more than 10
521	ultralight aircraft operating atfrom the site is subject to the
522	provisions of this section.
523	(c) A helistop used solely in conjunction with a
524	construction project undertaken pursuant to the performance of a
525	state contract if the purpose of the helicopter operations at
526	the site is to expedite construction.
527	(d) An airport under the jurisdiction or control of a
528	county or municipal aviation authority or a county or municipal
529	port authority or the Florida Space Authority; however, the
530	department shall license any such airport if such authority does
531	not elect to exercise its exemption under this subsection.
532	(d)(e)A helistop used by mosquito control or emergency
533	services, not to include areas where permanent facilities are
534	installed, such as hospital landing sites.
535	(e)(f)An airport which meets the criteria of s.
536	330.27(7)(11)used exclusively for aerial application or
537	spraying of crops on a seasonal basis, not to include any
538	licensed airport where permanent crop aerial application or
539	spraying facilities are installed, if the period of operation
540	does not exceed 30 days per calendar year. Such proposed
541	airports, which will be located within 3 miles of existing
542	airports or approved airport sites, shall establishwork out
543	safe air-traffic patterns with such existing airports or
544	approved airport sites, by memorandums of understanding, or by
545	letters of agreement between the parties representing the
546	airports or sites.
547	(f) Navigable waterways used for the takeoff and landing
548	of aircraft, including any land, building, structure, or any
549	other contrivance that facilitates private use or intended
550	private use.
551	(4) EXCEPTIONS.--Private airports with 10 or more based
552	aircraft may request to be inspected and licensed by the
553	department. Private airports licensed according to this
554	subsection shall be considered private airports as defined in s.
555	330.27(5) in all other respects.
556	Section 5. Effective October 1, 2003, subsections (2) and
557	(3) of section 330.35, Florida Statutes, are amended to read:
558	330.35 Airport zoning, approach zoneprotection.--
559	(2) Airports licensed for generalpublic use under the
560	provisions of s. 330.30 are eligible for airport zoningapproach
561	zone protection, and the procedure shall be the same as is
562	prescribed in chapter 333.
563	(3) The department is granted all powers conferred upon
564	political subdivisions of this state by chapter 333 to regulate
565	airport hazards at state-owned publicairports. The procedure
566	shall be to form a joint zoning board with the political
567	subdivision of the state in which the state-owned publicairport
568	is located as prescribed in chapter 333.
569	Section 6. Section 336.467, Florida Statutes, is amended
570	to read:
571	336.467 County-state right-of-way acquisition
572	agreements.--A county or other governmental entitymay enter
573	into an agreement with the department to provide for the
574	department to acquire rights-of-way for the county or other
575	governmental entity, provided the highway project is to be
576	funded by the 80-percent portion of the constitutional gas tax
577	allocated to that county and requires the acquisition of at
578	least 10 parcels of land, the total cost of which will equal or
579	exceed $100,000.
580	Section 7. Subsections (1), (4), and (7) of section
581	337.14, Florida Statutes, are amended to read:
582	337.14 Application for qualification; certificate of
583	qualification; restrictions; request for hearing.--
584	(1) Any person desiring to bid for the performance of any
585	construction contract in excess of $250,000 which the department
586	proposes to let must first be certified by the department as
587	qualified pursuant to this section and rules of the department.
588	The rules of the department shall address the qualification of
589	persons to bid on construction contracts in excess of $250,000
590	and shall include requirements with respect to the equipment,
591	past record, experience, financial resources, and organizational
592	personnel of the applicant necessary to perform the specific
593	class of work for which the person seeks certification. The
594	department is authorized to limit the dollar amount of any
595	contract upon which a person is qualified to bid or the
596	aggregate total dollar volume of contracts such person is
597	allowed to have under contract at any one time. Each applicant
598	seeking qualification to bid on construction contracts in excess
599	of $250,000 shall furnish the department a statement under oath,
600	on such forms as the department may prescribe, setting forth
601	detailed information as required on the application. Each
602	application for certification shall be accompanied by the latest
603	annual financial statement of the applicant completed within the
604	last 12 months. If the annual financial statement shows the
605	financial condition of the applicant more than 4 months prior to
606	the date on which the application is received by the department,
607	then an interim financial statement must also be submitted. The
608	interim financial statement must cover the period from the end
609	date of the annual statement and must show the financial
610	condition of the applicant no more than 4 months prior to the
611	date on which the application is received by the department.
612	Each required annual or interim financial statement must be
613	audited and accompanied by the opinion of a certified public
614	accountant or a public accountant approved by the department.
615	The information required by this subsection is confidential and
616	exempt from the provisions of s. 119.07(1). The department shall
617	act upon the application for qualification within 30 days after
618	the department determines that the application is completeit is
619	presented.
620	(4) If the applicant is found to possess the prescribed
621	qualifications, the department shall issue to him or her a
622	certificate of qualification that, unless thereafter revoked by
623	the department for good cause, will be valid for a period of 18
624	months after the date of the applicant's financial statement or
625	such shorter period as the department prescribes. Submission of
626	an application shall not affect expiration of the certificate of
627	qualification.If the department finds that an application is
628	incomplete or contains inadequate information or information
629	that cannot be verified, the department may request in writing
630	that the applicant provide the necessary information to complete
631	the application or provide the source from which any information
632	in the application may be verified. If the applicant fails to
633	comply with the initial written request within a reasonable
634	period of time as specified therein, the department shall
635	request the information a second time. If the applicant fails to
636	comply with the second request within a reasonable period of
637	time as specified therein, the application shall be denied.
638	(7) No "contractor" as defined in s. 337.165(1)(d) or his
639	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
640	the department under this section may also qualify under s.
641	287.055 or s. 337.105 to provide testing services or
642	construction, engineering, and inspection services to the
643	department. This limitation shall not apply to any design-build
644	prequalification under s. 337.11(7).
645	Section 8. Subsection (4) of section 337.18, Florida
646	Statutes, is amended to read:
647	337.18 Surety bonds; requirement with respect to contract
648	award; defaults; damage assessments.--
649	(4)(a) If the department determines and adequately
650	documents that the timely completion of any project will provide
651	a substantial benefit to the public health, safety, or welfare;
652	will limit the disruptive effect of construction on the
653	community; or is cost beneficial on a revenue-producing project,
654	the contract for such project may provide for an incentive
655	payment payable to the contractor for early completion of the
656	project or critical phases of the work and for additional
657	damages to be assessed against the contractor for the completion
658	of the project or critical phases of the work in excess of the
659	time specified. All contracts containing such provisions shall
660	be approved by the head of the department or his or her
661	designee. The amount of such incentive payment or such
662	additional damages shall be established in the contract based on
663	an analysis of the cost savings to the traveling public or
664	revenue projections for a revenue producing projectbut shall
665	not exceed $10,000 per calendar day, except that for revenue
666	producing projects the amounts and periods of the incentive may
667	be greater if an analysis indicates that additional revenues
668	projected to be received upon completion of the project will
669	exceed the cost of the incentive payments. Any liquidated
670	damages provided for under subsection (2) and any additional
671	damages provided for under this subsection shall be payable to
672	the department because of the contractor's failure to complete
673	the contract work within the time stipulated in the contract or
674	within such additional time as may have been granted by the
675	department.
676	(b) The department shall adopt rules to implement this
677	subsection. Such rules shall include procedures and criteria for
678	the selection of projects on which incentive payments and
679	additional damages may be provided for by contract.
680	Section 9. Subsection (1) of section 337.401, Florida
681	Statutes, is amended to read:
682	337.401 Use of right-of-way for utilities subject to
683	regulation; permit; fees.--
684	(1) The department and local governmental entities,
685	referred to in ss. 337.401-337.404 as the "authority," that have
686	jurisdiction and control of public roads or publicly owned rail
687	corridors are authorized to prescribe and enforce reasonable
688	rules or regulations with reference to the placing and
689	maintaining along, across, or on any road or publicly owned rail
690	corridors under their respective jurisdictions any electric
691	transmission, telephone, telegraph, or other communications
692	services lines; pole lines; poles; railways; ditches; sewers;
693	water, heat, or gas mains; pipelines; fences; gasoline tanks and
694	pumps; or other structures hereinafter referred to as the
695	"utility." The department may enter into a permit-delegation
696	agreement with a governmental entity if issuance of a permit is
697	based on requirements that the department finds will ensure the
698	safety and integrity of facilities of the Department of
699	Transportation.
700	Section 10. Except as otherwise provided herein, this act
701	shall take effect upon becoming a law.