Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. PCS (434036) for CS for SB 1044
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Albritton) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 334.179, Florida Statutes, is created to
    6  read:
    7         334.179 Departmental standards or specifications for
    8  permissible use of aggregates.—Notwithstanding any law, rule, or
    9  ordinance to the contrary, a local government may not adopt
   10  standards or specifications that are contrary to the
   11  departmental standards or specifications for permissible use of
   12  aggregates that have been certified for use. For purposes of
   13  this section, the term “certified for use” means that the
   14  aggregates have been certified by the producer in accordance
   15  with departmental rule. This section does not apply to a
   16  multicounty independent special district created by a special
   17  act of the Legislature.
   18         Section 2. Present subsection (5) of section 336.044,
   19  Florida Statutes, is redesignated as subsection (6), and a new
   20  subsection (5) is added to that section, to read:
   21         336.044 Use of recyclable materials in construction.—
   22         (5) Notwithstanding any law, rule, or ordinance to the
   23  contrary, local governmental entities may not adopt standards or
   24  specifications that are contrary to the departmental standards
   25  or specifications for permissible use of reclaimed asphalt
   26  pavement material in construction. For purposes of this section,
   27  such material may not be considered solid waste.
   28         Section 3. Subsection (1) of section 337.025, Florida
   29  Statutes, is amended to read:
   30         337.025 Innovative transportation highway projects;
   31  department to establish program.—
   32         (1) The department may is authorized to establish a program
   33  for transportation highway projects demonstrating innovative
   34  techniques of highway and bridge design, construction,
   35  maintenance, and finance which have the intended effect of
   36  measuring resiliency and structural integrity and controlling
   37  time and cost increases on construction projects. Such
   38  techniques may include, but are not limited to, state-of-the-art
   39  technology for pavement, safety, and other aspects of highway
   40  and bridge design, construction, and maintenance; innovative
   41  bidding and financing techniques; accelerated construction
   42  procedures; and those techniques that have the potential to
   43  reduce project life cycle costs. To the maximum extent
   44  practical, the department must use the existing process to award
   45  and administer construction and maintenance contracts. When
   46  specific innovative techniques are to be used, the department is
   47  not required to adhere to those provisions of law that would
   48  prevent, preclude, or in any way prohibit the department from
   49  using the innovative technique. However, before prior to using
   50  an innovative technique that is inconsistent with another
   51  provision of law, the department must document in writing the
   52  need for the exception and identify what benefits the traveling
   53  public and the affected community are anticipated to receive.
   54  The department may enter into no more than $120 million in
   55  contracts annually for the purposes authorized by this section.
   56         Section 4. Subsections (1) and (7) of section 337.14,
   57  Florida Statutes, are amended to read:
   58         337.14 Application for qualification; certificate of
   59  qualification; restrictions; request for hearing.—
   60         (1) Any contractor person desiring to bid for the
   61  performance of any construction contract in excess of $250,000
   62  which the department proposes to let must first be certified by
   63  the department as qualified pursuant to this section and rules
   64  of the department. The rules of the department must shall
   65  address the qualification of contractors persons to bid on
   66  construction contracts in excess of $250,000 and must shall
   67  include requirements with respect to the equipment, past record,
   68  experience, financial resources, and organizational personnel of
   69  the applying contractor which are applicant necessary to perform
   70  the specific class of work for which the contractor person seeks
   71  certification. Any contractor who is not qualified and is in
   72  good standing with the department as of January 1, 2019, and who
   73  desires to bid on contracts in excess of $50 million must have
   74  satisfactorily completed two projects, each in excess of $15
   75  million, for the department or for any other state department of
   76  transportation. The department may limit the dollar amount of
   77  any contract upon which a contractor person is qualified to bid
   78  or the aggregate total dollar volume of contracts such
   79  contractor person is allowed to have under contract at any one
   80  time. Each applying contractor applicant seeking qualification
   81  to bid on construction contracts in excess of $250,000 shall
   82  furnish the department a statement under oath, on such forms as
   83  the department may prescribe, setting forth detailed information
   84  as required on the application. Each application for
   85  certification must shall be accompanied by an audited, certified
   86  financial statement prepared in accordance with generally
   87  accepted accounting principles and generally accepted auditing
   88  standards by a certified public accountant licensed under state
   89  law or licensed by another state. Each audited, certified
   90  financial statement must be for the applying contractor and must
   91  have been prepared within the immediately preceding 12-month
   92  period. The department may not consider any financial
   93  information of the parent entity of the applying contractor, if
   94  any. The department may not certify as qualified any applying
   95  contractor that fails to submit the audited, certified financial
   96  statement as required under this subsection the latest annual
   97  financial statement of the applicant completed within the last
   98  12 months. If the application or the annual financial statement
   99  shows the financial condition of the applying contractor
  100  applicant more than 4 months prior to the date on which the
  101  application is received by the department, then the applying
  102  contractor must also submit an interim, audited financial
  103  statement prepared in accordance with generally accepted
  104  accounting principles and generally accepted auditing standards
  105  by a certified public accountant licensed under state law or
  106  licensed by another state an interim financial statement must be
  107  submitted and be accompanied by an updated application. The
  108  interim financial statement must cover the period from the end
  109  date of the annual statement and must show the financial
  110  condition of the applying contractor applicant no more than 4
  111  months prior to the date that the interim financial statement is
  112  received by the department. However, upon the request of by the
  113  applying contractor applicant, an application and accompanying
  114  annual or interim financial statement received by the department
  115  within 15 days after either 4-month period under this subsection
  116  shall be considered timely. Each required annual or interim
  117  financial statement must be audited and accompanied by the
  118  opinion of a certified public accountant. An applying contractor
  119  applicant desiring to bid exclusively for the performance of
  120  construction contracts with proposed budget estimates of less
  121  than $1 million may submit reviewed annual or reviewed interim
  122  financial statements prepared by a certified public accountant.
  123  The information required by this subsection is confidential and
  124  exempt from the provisions of s. 119.07(1). The department shall
  125  act upon the application for qualification within 30 days after
  126  the department determines that the application is complete. The
  127  department may waive the requirements of this subsection for
  128  projects having a contract price of $500,000 or less if the
  129  department determines that the project is of a noncritical
  130  nature and the waiver will not endanger public health, safety,
  131  or property.
  132         (7) A “contractor” as defined in s. 337.165(1)(d) or his or
  133  her “affiliate” as defined in s. 337.165(1)(a) qualified with
  134  the department under this section may not also qualify under s.
  135  287.055 or s. 337.105 to provide testing services, construction,
  136  engineering, and inspection services to the department. This
  137  limitation does not apply to any design-build prequalification
  138  under s. 337.11(7) and does not apply when the department
  139  otherwise determines by written order entered at least 30 days
  140  before advertisement that the limitation is not in the best
  141  interests of the public with respect to a particular contract
  142  for testing services, construction, engineering, and inspection
  143  services. This subsection does not authorize a contractor to
  144  provide testing services, or provide construction, engineering,
  145  and inspection services, to the department in connection with a
  146  construction contract under which the contractor is performing
  147  any work. Notwithstanding any other provision of law to the
  148  contrary, for a project that is wholly or partially funded by
  149  the department and administered by a local governmental entity,
  150  except for a seaport listed in s. 311.09, the entity performing
  151  design and construction engineering and inspection services may
  152  not be the same entity.
  153         Section 5. Subsection (1) of section 337.185, Florida
  154  Statutes, is amended to read:
  155         337.185 State Arbitration Board.—
  156         (1) To facilitate the prompt settlement of claims for
  157  additional compensation arising out of construction and
  158  maintenance contracts between the department and the various
  159  contractors with whom it transacts business, the Legislature
  160  does hereby establish the State Arbitration Board, referred to
  161  in this section as the “board.” For the purpose of this section,
  162  the term “claim” means the aggregate of all outstanding claims
  163  by a party arising out of a construction or maintenance
  164  contract. Every contractual claim in an amount up to $250,000
  165  per contract or, at the claimant’s option, up to $1 million
  166  $500,000 per contract or, upon agreement of the parties, up to
  167  $2 million $1 million per contract which that cannot be resolved
  168  by negotiation between the department and the contractor must
  169  shall be arbitrated by the board after acceptance of the project
  170  by the department. As an exception, either party to the dispute
  171  may request that the claim be submitted to binding private
  172  arbitration. A court of law may not consider the settlement of
  173  such a claim until the process established by this section has
  174  been exhausted.
  175         Section 6. Paragraph (a) of subsection (3) of section
  176  338.26, Florida Statutes, is amended to read:
  177         338.26 Alligator Alley toll road.—
  178         (3)(a) Fees generated from tolls shall be deposited in the
  179  State Transportation Trust Fund and shall be used:
  180         1. To reimburse outstanding contractual obligations;
  181         2. To operate and maintain the highway and toll facilities,
  182  including reconstruction and restoration;
  183         3. To pay for those projects that are funded with Alligator
  184  Alley toll revenues and that are contained in the 1993-1994
  185  adopted work program or the 1994-1995 tentative work program
  186  submitted to the Legislature on February 22, 1994; and
  187         4. By interlocal agreement effective July 1, 2019 2014,
  188  through no later than June 30, 2027 2019, to reimburse a county
  189  or another local governmental entity for the direct actual costs
  190  of operating the fire station at mile marker 63 on Alligator
  191  Alley, which shall may be used by the a county or another local
  192  governmental entity to provide fire, rescue, and emergency
  193  management services exclusively to the public on Alligator
  194  Alley. The local governmental entity must contribute 10 percent
  195  of the direct actual operating costs. The amount of
  196  reimbursement to the local governmental entity may not exceed
  197  $1.4 million in any state fiscal year. At the end of the term of
  198  the interlocal agreement, the ownership and title of all fire,
  199  rescue, and emergency equipment used at the fire station during
  200  the term of the interlocal agreement transfers to the state.
  201         Section 7. Subsection (2) of section 339.2818, Florida
  202  Statutes, is amended to read:
  203         339.2818 Small County Outreach Program.—
  204         (2) For the purposes of this section, the term “small
  205  county” means any county that has a population of 200,000
  206  170,000 or less as determined by the most recent official
  207  estimate pursuant to s. 186.901.
  208         Section 8. This act shall take effect July 1, 2019.
  210  ================= T I T L E  A M E N D M E N T ================
  211  And the title is amended as follows:
  212         Delete everything before the enacting clause
  213  and insert:
  214                        A bill to be entitled                      
  215         An act relating to the Department of Transportation;
  216         creating s. 334.179, F.S.; prohibiting local
  217         governments from adopting standards or specifications
  218         that are contrary to the department standards or
  219         specifications for permissible use of aggregates that
  220         have been certified for use; defining the term
  221         “certified for use”; providing applicability; amending
  222         s. 336.044, F.S.; prohibiting local governmental
  223         entities from adopting standards or specifications
  224         that are contrary to the department standards or
  225         specifications for permissible use of reclaimed
  226         asphalt pavement material in construction; providing
  227         that, for certain purposes, such material may not be
  228         considered solid waste; amending s. 337.025, F.S.;
  229         authorizing the department to establish a program for
  230         transportation projects that demonstrate certain
  231         innovative techniques for measuring resiliency and
  232         structural integrity and controlling time and cost
  233         increases; amending s. 337.14, F.S.; requiring that
  234         any contractor, instead of any person, desiring to bid
  235         for the performance of certain construction contracts
  236         first be certified by the department as qualified;
  237         conforming provisions to changes made by the act;
  238         requiring a contractor who is not qualified and is in
  239         good standing with the department as of a specified
  240         date and who desires to bid on certain contracts to
  241         have satisfactorily completed certain projects;
  242         revising requirements related to certain financial
  243         statements; prohibiting the entity performing design
  244         and construction engineering and inspection services
  245         from being the same entity for certain projects;
  246         amending s. 337.185, F.S.; increasing the maximum
  247         amounts per contract of certain contractual claims
  248         that must be arbitrated by the State Arbitration Board
  249         under certain circumstances; amending s. 338.26, F.S.;
  250         revising provisions of an interlocal agreement for use
  251         of specified fees to reimburse a local governmental
  252         entity for the direct actual costs of operating a
  253         specified fire station; requiring a contribution by
  254         the local governmental entity; providing for the
  255         transfer of specified equipment; amending s. 339.2818,
  256         F.S.; redefining the term “county”; providing an
  257         effective date.