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Senator Baker moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 1668-1691

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and insert:

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     Section 29.  Subsections (7), (8), (9), (10), (11), (12),

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(13), (14), and (15) of section 337.11, Florida Statutes, are

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renumbered as subsections (8), (9), (10), (11), (12), (13), (14),

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(15), and (16), respectively,  subsection (7) is added to that

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section, and paragraph (a) of new subsection (8) of that section

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is amended, to read:

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     337.11  Contracting authority of department; bids; emergency

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repairs, supplemental agreements, and change orders; combined

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design and construction contracts; progress payments; records;

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requirements of vehicle registration.--

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     (7) If the department determines that it is in the best

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interest of the public, the department may pay a stipend to

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unsuccessful firms who have submitted responsive proposals for

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construction or maintenance contracts. The decision and amount of

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a stipend will be based upon department analysis of the estimated

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proposal development costs and the anticipated degree of

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competition during the procurement process. Stipends shall be

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used to encourage competition and compensate unsuccessful firms

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for a portion of their proposal development costs. The department

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shall retain the right to use ideas from unsuccessful firms that

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accept a stipend.

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

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

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combine the design and construction phases of a building, a major

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bridge, a limited access facility, or a rail corridor project

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into a single contract. Such contract is referred to as a design-

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build contract. The department's goal shall be to procure up to

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25 percent of the construction contracts which add capacity in

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the 5-year adopted work program as design-build contracts by July

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1, 2013. Design-build contracts may be advertised and awarded

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

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construction activities may not begin on any portion of such

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projects for which the department has not yet obtained title to

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the necessary rights-of-way and easements for the construction of

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that portion of the project has vested in the state or a local

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governmental entity and all railroad crossing and utility

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agreements have been executed. Title to rights-of-way shall be

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deemed to have vested in the state when the title has been

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dedicated to the public or acquired by prescription.

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     (b)  The department shall adopt by rule procedures for

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administering design-build contracts. Such procedures shall

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include, but not be limited to:

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     1.  Prequalification requirements.

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     2.  Public announcement procedures.

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     3.  Scope of service requirements.

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     4.  Letters of interest requirements.

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     5.  Short-listing criteria and procedures.

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     6.  Bid proposal requirements.

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     7.  Technical review committee.

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     8.  Selection and award processes.

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     9. Stipend requirements.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 142, after the semicolon,

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insert:

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authorizing the department to pay stipends to unsuccessful

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bidders on construction and maintenance contracts;

5/1/2008  12:41:00 PM     TR.20.09452