Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1080
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Rules (DiCeglie) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to subsection (11) of
    6  section 337.11, Florida Statutes, to read:
    7         337.11 Contracting authority of department; bids; emergency
    8  repairs, supplemental agreements, and change orders; combined
    9  design and construction contracts; progress payments; records;
   10  requirements of vehicle registration.—
   11         (11)
   12         (d)1. The department may make direct payments to a first
   13  tier subcontractor. Such payments do not create any enforceable
   14  third-party beneficiary rights. The department shall adopt by
   15  rule procedures to implement this paragraph. Such procedures
   16  must establish the circumstances under which such payments may
   17  be made and must include, at a minimum, all of the following:
   18         a. The contractor has not requested payment from the
   19  department for at least 6 months.
   20         b. There is a binding, written subcontract between the
   21  contractor and the subcontractor, and the department is in
   22  possession of a complete copy of the subcontract.
   23         c. The subcontractor has performed work that is unpaid by
   24  the contractor, and the department has sufficient documentation
   25  of such unpaid work.
   26         d. There is no legitimate dispute between the contractor
   27  and the subcontractor.
   28         e. The department has provided written notice to the
   29  payment and performance bond surety at least 30 days before
   30  releasing a payment under this paragraph, and the surety has not
   31  objected in writing within the 30-day period based on a
   32  documented dispute or claim regarding the unpaid work or
   33  payment.
   34         2. Amounts paid by the department pursuant to rules adopted
   35  under this paragraph must be deducted from amounts otherwise due
   36  to the contractor.
   37         Section 2. Present subsection (6) of section 337.18,
   38  Florida Statutes, is redesignated as subsection (7), and a new
   39  subsection (6) is added to that section, to read:
   40         337.18 Surety bonds for construction or maintenance
   41  contracts; requirement with respect to contract award; bond
   42  requirements; defaults; damage assessments.—
   43         (6) If the department and the surety enter into a takeover
   44  agreement, such agreement must set forth procedures regarding
   45  the surety’s certification of disbursement of payment to
   46  subcontractors.
   47         Section 3. This act shall take effect July 1, 2026.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50  And the title is amended as follows:
   51         Delete everything before the enacting clause
   52  and insert:
   53                        A bill to be entitled                      
   54         An act relating to transportation; amending s. 337.11,
   55         F.S.; authorizing the Department of Transportation to
   56         make direct payments to a first-tier subcontractor;
   57         providing construction; requiring the department to
   58         adopt rules establishing certain procedures; providing
   59         requirements for such procedures; requiring that
   60         amounts paid to a first-tier subcontractor be deducted
   61         from amounts otherwise due to the contractor; amending
   62         s. 337.18, F.S.; requiring that a takeover agreement
   63         between the department and a surety set forth certain
   64         procedures; providing an effective date.
   65