HB 157 — Transportation

Section 163.31803, Florida Statutes, is created to read:

Page 2of 17 CODING:

hb0157-02-c2hb0157-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157CS/HB157 2022 163.31803Be MobilityIt feeEnacted creditsby forthe certainLegislature plannedof housingthe communities.—PursuantState toof s.Florida:

163.31801,Section a1. local government must provide mobility fee credits to a residential developer for capital improvements to a transportation system that the Department of Transportation deems necessary to ensure the safe and efficient mobility of people, commerce, and goods to bring a planned housing community into service.

Subsection (3) of section 206.46, Florida Statutes, is amended to read:

206.46 State Transportation Trust Fund.— (3) Unless otherwise specified in the General Appropriations Act, each fiscal year, at least a minimum of 15 percent but not more than 25 percent of all state revenues deposited into the State Transportation Trust Fund, excluding state revenues used for matching federal grants, shall be committed annually by the department for public transportation projects in accordance with chapter 311, ss.

332.003-332.007, chapter 341, and chapter 343.

Section 334.066, Florida Statutes, is created to read:

334.066 Implementing Solutions from Transportation Research and Evaluating Emerging Technologies Living Lab.— (1) The Implementing Solutions from Transportation Research and Evaluating Emerging Technologies Living Lab (I- STREET) is established within the University of Florida.

(2) At a minimum, I-STREET shall:

(a) Conduct and facilitate research on issues related to innovative transportation mobility and safety technology development and deployment in this state and serve as an information exchange and depository for the most current information pertaining to transportation research, education, workforce development, and related issues.

(b) Be a continuing resource for the Legislature, the department, local governments, the nation's metropolitan regions, and the private sector in the area of transportation and related research.

Page 3of 17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 (c) Promote intercampus transportation and related research activities among Florida universities to enhance the ability of these universities to attract federal and private sector funding for transportation and related research.

(d) Provide by July 1, 2023, and each July 1 thereafter, to the Governor, the President of the Senate, and the Speaker of the House of Representatives a comprehensive report that outlines its clearly defined goals and its efforts and progress on reaching those goals.

(3) An advisory board shall be created to periodically review and advise I-STREET concerning its research program.

The board shall consist of nine members with expertise in transportation-related areas, as follows:

(a) A member appointed by the President of the Senate.

(b) A member appointed by the Speaker of the House of Representatives.

(c) The Secretary of Transportation or his or her designee.

(d) The Secretary of Economic Opportunity or his or her designee.

(e) A member of the Florida Transportation Commission.

(f) Four members nominated by the University of Florida's College of Engineering and approved by the university's president.

The College of Engineering's nominees may include representatives of the University of Florida, other academic and Page 4of 17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 research institutions, or private entities.

Section 3.

Such techniques may include, but are not limited to, state-of-the-art technology for pavement, safety,Page and2of other9 aspectsCODING: of highway and bridge design, construction, and maintenance;

Words strickenare deletions;

words underlined are additions.

hb0157-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB157 2022 safety, and other aspects of highway and bridge design, construction, and maintenance;

progressive design-build contractscontracts; as specified in subsection (2);

However, before using an innovative technique that is inconsistent with another provision of law, the department must Pagedocument 5ofin 17writing CODING:the need for the exception and identify what benefits the traveling public and the affected community are anticipated to receive.

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 document in writing the need for the exception and identify what benefits the traveling public and the affected community are anticipated to receive.

(2) IfThe theannual departmentcap determineson thatcontracts itprovided is in thesubsection best(1) interestsdoes ofnot theapply public,to: the department may combine the design and construction phases of a project into a single contract and select the design-build firm in the early stages of a project to ensure that the design-build firm is part of the collaboration and development of the design as part of a step-by-step progression through construction.

Such contract is referred to as a progressive design-build contract.

For progressive design- build contracts, the selection and award processes must include a two-phase process.

For phase one, the department shall competitively award the contract to a design-build firm based upon qualifications.

For phase two, the design-build firm shall competitively bid construction trade subcontractor packages and, based upon these bids, negotiate with the department a fixed firm price or guaranteed maximum price that meets the project budget and scope as advertised in the request for qualifications.

(3)(2) The annual cap on contracts provided in subsection (1) does not apply to:

Page(b) 6ofProgressive 17Low-bid CODING:design-build milling and resurfacing contracts for complex, high-risk projects with a minimum contract value of $400 million.

Section 3.

Subsection (7) of section 337.11, Florida Page 3of 9 CODING:

hb0157-02-c2hb0157-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157CS/HB157 2022 (b)Statutes, Progressiveis Low-bidamended design-buildto millingread: and resurfacing contracts for complex, high-risk projects with a minimum contract value of $400 million.

Section337.11 4.Contracting authority of department;

Section 337.107, Florida Statutes, is amended to read:

337.107 Contracts for right-of-way services.— (1) The department may enter into contracts pursuant to s.

287.055 for right-of-way services on transportation corridors and transportation facilities.

Right-of-way services include negotiation and acquisition services, appraisal services, demolition and removal of improvements, and asbestos-abatement services.

(2) For a construction project funded in the first 3 years of the department's adopted work program, a landowner with land contiguous to a limited access facility may be allowed, under a department-issued permit, to remove vegetation designated to be removed as part of the construction project on a department right-of-way in an area associated with a limited access facility, within the same limits of removal as identified in the final plans of the project.

Section 5.

Subsections (15) and (16) of section 337.11, Florida Statutes, are renumbered as subsections (16) and (17), respectively, a new subsection (15) is added to that section, and paragraphs (a) and (b) of subsection (7) of that section are amended, to read:

Page 7of 17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 337.11 Contracting authority of department;

Design-build(b) contractsIf the department determines that it is in the best interest of the public, the department may becombine advertisedthe design and awardedconstruction notwithstandingphases of a project into a single contract and select the requirementsdesign-build firm in the early stages of paragraphthe (3)(c).project to ensure that the design-build firm is part of the collaboration and development of the design as part of a step- by-step progression through construction.

Such contract is referred to as a progressive design-build contract.

For progressive design-build contracts, the selection and award process shall include a two-phase process.

For phase one, the department shall competitively award the contract to a design- build firm based upon qualifications.

For phase two, the design- build firm shall competitively bid construction trade and subcontractor packages and, based upon these bids, negotiate Page 4of 9 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB157 2022 with the department a fixed firm price or guaranteed maximum price that meets the project budget and scope, as advertised in the request for qualification.

(c) Design-build contracts and progressive design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (3)(c).

(b)(d)(b) The department shall adopt by rule procedures for administering design-build contracts,contracts includingand progressive design-builddesign- build contracts.

Page3. 8of 17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 3.

8.Page 5of 9 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB157 2022 8.

(15)(e)(c) EachThe contract let by the department for performance of bridge construction or maintenance over navigable waters must containreceive aat provisionleast requiringthree generalletters liabilityof insurance,interest in anorder amount to beproceed determinedwith bya therequest department,for thatproposals. covers third- party personal injury and property damage caused by vessels used by the contractor in the performance of the work.

SectionThe 6.department shall request proposals from no fewer than three of the design-build firms submitting letters of interest.

SubsectionIf (1)a ofdesign-build sectionfirm 337.1101,withdraws Floridafrom Statutes,consideration isafter amendedthe todepartment read:requests proposals, the department may continue if at least two proposals are received.

337.1101Section Contracting4. and procurement authority of the department;

settlements;Subsections (4) and (7) of section 337.14, Florida Statutes, are amended to read:

notification required.— (1) When the department, or any entity or enterprise within the department, determines that it is in the best interest of the public to resolve a protest filed in accordance with s.

120.57(3) of the award of a contract being procured pursuant to s.

337.11 or related to the purchase of personal property or contractual services being procured pursuant to s.

287.057, through a settlement that requires the department to pay a nonselected responsive bidder a total sum of $1 million or Page 9of 17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 more, including any amount paid pursuant to s.

334.049, any amount paid pursuant to s.

337.11(8) which is not included in the department's work program approved by the Legislature as part of the General Appropriations Act, or any amount paid pursuant to any other law, the department must:

(a) Document in a written memorandum by the secretary the specific reasons that such settlement and payment to a nonselected responsive bidder is in the best interest of the state.

The written memorandum must be included and maintained in the department's permanent files concerning the procurement and must include:

1.

A description of the property rights, patent rights, copyrights, trademarks, or the engineering design or other design work that the department will acquire or retain as a result of such settlement;

and 2.

The specific appropriation in the existing General Appropriations Act which the department intends to use to provide such payment.

(b) Provide prior written notification to the President of the Senate, the Speaker of the House of Representatives, the Senate and House of Representatives minority leaders, the chair and vice chair of the Legislative Budget Commission, and the Attorney General at least 5 business days, or as soon thereafter as practicable, before the department makes the settlement agreement final.

Such written notification must include the Page 10 of17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 written memorandum required pursuant to paragraph (a).

(c) Provide, at the time settlement discussions regarding any such payment have begun in earnest, written notification of such discussions to the President of the Senate, the Speaker of the House of Representatives, the Senate and House of Representatives minority leaders, the chair and vice chair of the Legislative Budget Commission, and the Attorney General.

Section 7.

Subsections (1), (4), and (7) of section 337.14, Florida Statutes, are amended to read:

request for hearing.— (1)(4) AnyIf contractorthe desiringapplicant is found to bidpossess forthe prescribed qualifications, the performancedepartment ofshall anyissue constructionto contracthim inor excessher a certificate of $250,000qualification whichthat, unless thereafter revoked by the department proposesfor togood letcause, mustwill first be certifiedvalid byfor a period of 18 months after the departmentdate asof qualifiedthe pursuantapplicant's tofinancial thisstatement sectionor andsuch rulesshorter ofperiod as the department.department prescribes.

The rules of the department must address the qualification of contractors to bid on construction contracts in excess of $250,000 and must include requirements with respect to the equipment, past record, experience, financial resources, and organizational personnel of the applying contractor which are necessary to perform the specific class of work for which the contractor seeks certification.

Any contractor who desires to bid on contracts in excess of $50 million and who is not qualified and in good standing with the department as of January 1, 2019, must first be certified by the department as qualified Page 11 of17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 and must have satisfactorily completed two projects, each in excess of $15 million, for the department or for any other state department of transportation.

The department may limit the dollar amount of any contract upon which a contractor is qualified to bid or the aggregate total dollar volume of contracts such contractor is allowed to have under contract at any one time.

Each applying contractor seeking qualification to bid on construction contracts in excess of $250,000 shall furnish the department a statement under oath, on such forms as the department may prescribe, setting forth detailed information as required on the application.

Each application for certification must be accompanied by audited, certified financial statements prepared in accordance with generally accepted accounting principles and auditing standards by a certified public accountant licensed in this state or another state.

The audited, certified financial statements must be for the applying contractor and must have been prepared within the immediately preceding 12 months.

The department may not consider any financial information of the parent entity of the applying contractor, if any.

The department may not certify as qualified any applying contractor who fails to submit the audited, certified financial statements required by this subsection.

If the application or the annual financial statement shows the financial condition of the applying contractor more than 4 months before the date on which the application is received by Page 12 of17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 the department, the applicant must also submit interim audited, certified financial statements prepared in accordance with generally accepted accounting principles and auditing standards by a certified public accountant licensed in this state or another state.

The interim financial statements must cover the period from the end date of the annual statement and must show the financial condition of the applying contractor no more than 4 months before the date that the interim financial statements are received by the department.

However, upon the request of the applying contractor, an application and accompanying annual or interim financial statement received by the department within 15 days after either 4-month period under this subsection shall be considered timely.

An applying contractor desiring to bid exclusively for the performance of construction contracts with proposed budget estimates of less than $2 $1 million may submit reviewed annual or reviewed interim financial statements prepared by a certified public accountant.

The information required by this subsection is confidential and exempt from s.

119.07(1).

The department shall act upon the application for qualification within 30 days after the department determines that the application is complete.

The department may waive the requirements of this subsection for projects having a contract price of $500,000 or less if the department determines that the project is of a noncritical nature and the waiver will not endanger public health, safety, or property.

Page 13 of17 CODING:

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 (4) If the applicant is found to possess the prescribed qualifications, the department shall issue to him or her a certificate of qualification that, unless thereafter revoked by the department for good cause, will be valid for a period of 18 months after the date of the applicant's financial statement or such shorter period as the department prescribes.

If the request isPage approved6of by9 theCODING: department, the current maximum capacity rating of the applicant must remain in place until expiration of the current certificate of qualification.

If the department finds that an application is incomplete or contains inadequate information or information that cannot be verified, the department may request in writing that the applicant provide the necessary information to complete the application or provide the source from which any information in the application may be verified.

If the applicant fails to comply with the initial written request within a reasonable period of time as specified therein, the department shall request the information a second time.

If the applicant fails to comply with the second request within a reasonable period of time as specified therein, the Page 14 of17 CODING:

hb0157-02-c2hb0157-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157CS/HB157 2022 applicationis shallapproved beby denied.the department, the current maximum capacity rating of the applicant will remain in place until expiration of the current certificate of qualification.

If the department finds that an application is incomplete or contains inadequate information or information that cannot be verified, the department may request in writing that the applicant provide the necessary information to complete the application or provide the source from which any information in the application may be verified.

If the applicant fails to comply with the initial written request within a reasonable period of time as specified therein, the department shall request the information a second time.

If the applicant fails to comply with the second request within a reasonable period of time as specified therein, the application shall be denied.

337.11(7) and does not apply when the department otherwise determines by written order entered at least 30 days before advertisement that the limitation is not in the best interests of the public with respect to a particular contract for testing services, construction,Page engineering,7of and9 inspectionCODING: services.

Words strickenare deletions;

words underlined are additions.

hb0157-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB157 2022 construction, engineering, and inspection services.

Section 8.5.

Page337.168 15Confidentiality of17of CODING:official estimates, identities of potential bidders, and bid analysis and monitoring system.— (2) A document that reveals the identity of a person who has requested or obtained a bid package, plan, or specifications pertaining to any project to be let by the department is confidential and exempt from the provisions of s.

Words strickenare deletions;

words underlined are additions.

hb0157-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157 2022 337.168 Confidentiality of official estimates, identities of potential bidders, and bid analysis and monitoring system.— (2) A document that reveals the identity of a person who has requested or obtained a bid package, plan, or specifications pertaining to any project to be let by the department is confidential and exempt from the provisions of s.

A document that reveals the identity of a person who has requested or obtained a bid package, plan, or specifications pertaining to any project to be let by the department before the 2 working days before the deadline for obtainingPage bid8of packages,9 plans,CODING: or specifications remains a public record subject to s.

119.07(1).

Section 9.

Subsection (3) of section 338.165, Florida Statutes, is amended to read:

338.165 Continuation of tolls.— (3) Notwithstanding any other provision of law, the department, including the turnpike enterprise, shall index toll rates on existing toll facilities to the annual Consumer Price Index or similar inflation indicators.

Toll rate adjustments for inflation under this subsection may be made no more frequently than once a year and must be made no less frequently than once every 10 5 years as necessary to accommodate cash toll rate schedules.

Toll rates may be increased beyond these limits as Page 16 of17 CODING:

hb0157-02-c2hb0157-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB157CS/HB157 2022 directedobtaining bybid bondpackages, documents,plans, covenants, or governingspecifications bodyremains authorizationa orpublic pursuantrecord subject to departments. administrative rule.

Section119.07(1). 10.

Section 6.

Page 179of of179 CODING:

hb0157-02-c2hb0157-01-c1