Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 460
                        Barcode 523252
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Transportation (Sebesta) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15          Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (10) is added to section
19  332.007, Florida Statutes, to read:
20         332.007  Administration and financing of aviation and
21  airport programs and projects; state plan.--
22         (10)  The department may also fund eligible projects
23  performed by not-for-profit organizations that represent a
24  majority of public airports in this state. Eligible projects
25  may include activities associated with aviation master
26  planning, professional education, safety and security
27  planning, enhancing economic development and efficiency at
28  airports in this state, or other planning efforts to improve
29  the viability of airports in this state.
30         Section 2.  Subsection (8) of section 337.11, Florida
31  Statutes, is amended to read:
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 337.11 Contracting authority of department; bids; 2 emergency repairs, supplemental agreements, and change orders; 3 combined design and construction contracts; progress payments; 4 records; requirements of vehicle registration.-- 5 (8)(a) The department shall permit the use of written 6 supplemental agreements, written work orders pursuant to a 7 contingency pay item or contingency supplemental agreement, 8 and written change orders to any contract entered into by the 9 department. Any supplemental agreement shall be reduced to 10 written contract form, approved by the contractor's surety, 11 and executed by the contractor and the department. Any 12 supplemental agreement modifying any item in the original 13 contract must be approved by the head of the department, or 14 his or her designee, and executed by the appropriate person 15 designated by him or her. Any surety issuing a bond under s. 16 337.18 shall be fully liable under such surety bond to the 17 full extent of any modified contract amount up to and 18 including 25 percent over the original contract amount and 19 without regard to the fact that the surety was not aware of or 20 did not approve such modifications. However, if modifications 21 of the original contract amount cumulatively result in 22 modifications of the contract amount in excess of 25 percent 23 of the original contract amount, the surety's approval shall 24 be required to bind the surety under the bond on that portion 25 in excess of 25 percent of the original contract amount. 26 (b) Supplemental agreements and written work orders 27 pursuant to a contingency pay item or contingency supplemental 28 agreement shall be used to clarify the plans and 29 specifications of a contract; to provide for major quantity 30 differences which result in the contractor's work effort 31 exceeding the original contract amount by more than 5 percent; 2 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 to provide for unforeseen work, grade changes, or alterations 2 in plans which could not reasonably have been contemplated or 3 foreseen in the original plans and specifications; to change 4 the limits of construction to meet field conditions; to 5 provide a safe and functional connection to an existing 6 pavement; to settle contract claims; and to make the project 7 functionally operational in accordance with the intent of the 8 original contract. Supplemental agreements may be used to 9 expand the physical limits of a project only to the extent 10 necessary to make the project functionally operational in 11 accordance with the intent of the original contract. The cost 12 of any such agreement extending the physical limits of a 13 project shall not exceed $100,000 or 10 percent of the 14 original contract price, whichever is greater. 15 (c) Written change orders may be issued by the 16 department and accepted by the contractor covering minor 17 changes in the plans, specifications, or quantities of work 18 within the scope of a contract, when prices for the items of 19 work affected are previously established in the contract, but 20 in no event may such change orders extend the physical limits 21 of the work. 22 (d) For the purpose of this section, the term 23 "physical limits" means the length or width of any project and 24 specifically includes drainage facilities not running parallel 25 to the project. The length and width of temporary connections 26 affected by such supplemental agreements shall be established 27 in accordance with current engineering practice. 28 (e) Upon completion and final inspection of the 29 contract work, the department may accept the improvement if it 30 is in substantial compliance with the plans, specifications, 31 special provisions, proposals, and contract and if a proper 3 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 adjustment in the contract price is made. 2 (f) Any supplemental agreement or change order in 3 violation of this section is null and void and unenforceable 4 for payment. 5 Section 3. Section 337.195, Florida Statutes, is 6 created to read: 7 337.195 Limits on liability.-- 8 (1) In a civil action for the death of or injury to a 9 person, or for damage to property, against the Department of 10 Transportation or its agents, consultants, or contractors for 11 work performed on a highway, road, street, bridge, or other 12 transportation facility when the death, injury, or damage 13 resulted from a motor vehicle crash in which the driver of one 14 of the vehicles was under the influence of alcoholic beverages 15 as set forth in s. 316.193, under the influence of any 16 chemical substance as set forth in s. 877.111, or illegally 17 under the influence of any substance controlled under chapter 18 893 to the extent that her or his normal faculties were 19 impaired and operated a vehicle at an unlawful speed as 20 prohibited in s. 316.183 or engaged in reckless driving as 21 prohibited in s. 316.192, it is presumed that the driver's 22 operation of the vehicle was the sole proximate cause of the 23 death, injury, or damage. 24 (2) A contractor who constructs or repairs a highway, 25 road, street, bridge or other transportation facility for the 26 Department of Transportation is not liable to a claimant for 27 personal injury, property damage, or death arising from the 28 performance of the construction or repair if, at the time of 29 the personal injury, property damage, or death, the contractor 30 is in compliance with contract documents material to the 31 condition that was the proximate cause of the personal injury, 4 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 property damage, or death. 2 (3) In all cases involving personal injury, property 3 damage, or death, a person or entity who contracts to prepare 4 or provide engineering plans for the construction or repair of 5 a highway, road, street, bridge, or other transportation 6 facility for the Department of Transportation is not liable to 7 a claimant for personal injury, property damage, or death 8 arising from the preparation of such engineering plans if the 9 engineer prepared such engineering plans using that degree of 10 care and skill ordinarily exercised by other engineers in the 11 field under similar conditions, and similar localities, and 12 with due regard for acceptable engineering standards and 13 principles. Nothing herein shall be interpreted or construed 14 to alter or affect any claim of the Department of 15 Transportation against such engineer or engineering firm. 16 Section 4. Section 339.64, Florida Statutes, is 17 amended to read: 18 339.64 Strategic Intermodal System Plan.-- 19 (1) The department shall develop, in cooperation with 20 metropolitan planning organizations, regional planning 21 councils, local governments, the Statewide Intermodal 22 Transportation Advisory Council and other transportation 23 providers, a Strategic Intermodal System Plan. The plan shall 24 be consistent with the Florida Transportation Plan developed 25 pursuant to s. 339.155 and shall be updated at least once 26 every 5 years, subsequent to updates of the Florida 27 Transportation Plan. 28 (2) In association with the continued development of 29 the initial Strategic Intermodal System Plan and other 30 transportation plans, the Florida Transportation Commission, 31 as part of its work program review process, shall conduct an 5 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 annual assessment of the progress that the department and its 2 transportation partners have made in realizing the goals of 3 economic development, improved mobility, and increased 4 intermodal connectivity need for an improved philosophical 5 approach to regional and intermodal input in the planning for 6 and governing of the Strategic Intermodal System and other 7 transportation systems. The Florida Transportation Commission 8 shall coordinate with the department, the Statewide Intermodal 9 Transportation Advisory Council, and other appropriate 10 entities when developing this assessment. The Florida 11 Transportation Commission shall deliver a report to the 12 Governor and Legislature no later than 14 days after the 13 regular session begins by December 15, 2003, with 14 recommendations as necessary to fully implement the Strategic 15 Intermodal System. 16 (3)(a) During the development of updates to the 17 Strategic Intermodal System Plan and the development of all 18 subsequent updates, the department shall provide metropolitan 19 planning organizations, regional planning councils, local 20 governments, transportation providers, affected public 21 agencies, and citizens with an opportunity to participate in 22 and comment on the development of the proposed plan or update. 23 (b) The department also shall coordinate with federal, 24 regional, and local partners the planning for the Strategic 25 Highway Network and the Strategic Rail Corridor Network 26 transportation facilities that either are included in the 27 Strategic Intermodal System or that provide a direct 28 connection between military installations and the Strategic 29 Intermodal System. In addition, the department shall 30 coordinate with regional and local partners to determine 31 whether the road and other transportation infrastructure that 6 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 connect military installations to the Strategic Intermodal 2 System, the Strategic Highway Network, or the Strategic Rail 3 Corridor are regionally significant and should be included in 4 the Strategic Intermodal System Plan. 5 (4) The Strategic Intermodal System Plan shall include 6 the following: 7 (a) A needs assessment. 8 (b) A project prioritization process. 9 (c) A map of facilities designated as Strategic 10 Intermodal System facilities; and facilities that are emerging 11 in importance that are likely to become part of the system in 12 the future; and planned facilities that will meet the 13 established criteria. 14 (d) A finance plan based on reasonable projections of 15 anticipated revenues, including both 10-year and 20-year 16 cost-feasible components. 17 (e) An assessment of the impacts of proposed 18 improvements to Strategic Intermodal System corridors on 19 military installations that are either located directly on the 20 Strategic Intermodal System or located on the Strategic 21 Highway Network or Strategic Rail Corridor Network. 22 (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY 23 COUNCIL.-- 24 (a) The Statewide Intermodal Transportation Advisory 25 Council is created to advise and make recommendations to the 26 Legislature and the department on policies, planning, and 27 funding of intermodal transportation projects. The council's 28 responsibilities shall include: 29 1. Advising the department on the policies, planning, 30 and implementation of strategies related to intermodal 31 transportation. 7 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 2. Providing advice and recommendations to the 2 Legislature on funding for projects to move goods and people 3 in the most efficient and effective manner for the State of 4 Florida. 5 (b) MEMBERSHIP.--Members of the Statewide Intermodal 6 Transportation Advisory Council shall consist of the 7 following: 8 1. Six Five intermodal industry representatives 9 selected by the Governor as follows: 10 a. One representative from an airport involved in the 11 movement of freight and people from their airport facility to 12 another transportation mode. 13 b. One individual representing a fixed-route, 14 local-government transit system. 15 c. One representative from an intercity bus company 16 providing regularly scheduled bus travel as determined by 17 federal regulations. 18 d. One representative from a spaceport. 19 e. One representative from intermodal trucking 20 companies. 21 f. One representative having command responsibilities 22 of a major military installation. 23 2. Three intermodal industry representatives selected 24 by the President of the Senate as follows: 25 a. One representative from major-line railroads. 26 b. One representative from seaports listed in s. 27 311.09(1) from the Atlantic Coast. 28 c. One representative from an airport involved in the 29 movement of freight and people from their airport facility to 30 another transportation mode. 31 3. Three intermodal industry representatives selected 8 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 by the Speaker of the House of Representatives as follows: 2 a. One representative from short-line railroads. 3 b. One representative from seaports listed in s. 4 311.09(1) from the Gulf Coast. 5 c. One representative from intermodal trucking 6 companies. In no event may this representative be employed by 7 the same company that employs the intermodal trucking company 8 representative selected by the Governor. 9 (c) Initial appointments to the council must be made 10 no later than 30 days after the effective date of this 11 section. 12 1. The initial appointments made by the President of 13 the Senate and the Speaker of the House of Representatives 14 shall serve terms concurrent with those of the respective 15 appointing officer. Beginning January 15, 2005, and for all 16 subsequent appointments, council members appointed by the 17 President of the Senate and the Speaker of the House of 18 Representatives shall serve 2-year terms, concurrent with the 19 term of the respective appointing officer. 20 2. The initial appointees, and all subsequent 21 appointees, made by the Governor shall serve 2-year terms. 22 3. Vacancies on the council shall be filled in the 23 same manner as the initial appointments. 24 (d) Each member of the council shall be allowed one 25 vote. The council shall select a chair from among its 26 membership. Meetings shall be held at the call of the chair, 27 but not less frequently than quarterly. The members of the 28 council shall be reimbursed for per diem and travel expenses 29 as provided in s. 112.061. 30 (e) The department shall provide administrative staff 31 support and shall ensure that council meetings are 9 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 electronically recorded. Such recordings and all documents 2 received, prepared for, or used by the council in conducting 3 its business shall be preserved pursuant to chapters 119 and 4 257. 5 Section 5. This act shall take effect upon becoming a 6 law. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to transportation; amending s. 16 332.007, F.S.; giving the Department of 17 Transportation the discretion to fund certain 18 eligible aviation planning projects to be 19 performed by not-for-profit organizations 20 representing a majority of public airports; 21 amending s. 337.11, F.S.; adding written work 22 orders to the type of documents covered by the 23 Department of Transportation's contracting 24 laws; specifying changes to surety bondholder's 25 liability under certain circumstances; creating 26 s. 337.195, F.S.; providing presumptions 27 relating to liability in certain actions 28 against the Department of Transportation; 29 limiting liability, in certain circumstances, 30 of contractors and engineers doing work for 31 that department; amending s. 339.64, F.S.; 10 2:22 PM 03/25/05 s0460c-tr16-b02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 460 Barcode 523252 1 directing the Florida Transportation Commission 2 to include as part of its annual work program 3 review an assessment of the department's 4 progress on the Strategic Intermodal System; 5 requiring an annual report; directing the 6 department to coordinate with federal, 7 regional, and local entities for transportation 8 planning that impacts military installations; 9 requiring the Strategic Intermodal System Plan 10 to include an assessment of the impacts of 11 proposed projects on military installations; 12 adding a military representative to the 13 Governor's appointees to the Strategic 14 Intermodal Transportation Advisory Council; 15 deleting obsolete provisions; providing an 16 effective date. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 2:22 PM 03/25/05 s0460c-tr16-b02