Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (February 17, 2021)
Summary
Meeting packet for the Tourism, Infrastructure & Energy Subcommittee meeting on Wednesday, February 17, 2021, from 1:00 PM to 3:00 PM. The agenda and meeting notice list consideration of HB 57 (Transportation) by Andrade and HB 353 (Bicycle Operation Regulations) by Hage, and the notice says the Chair requests that all amendments be filed by 6 p.m. on Tuesday, February 16, 2021. The staff analysis of HB 57 says the bill would reduce the sales tax on each motor vehicle sold in fiscal years 2021-2022 and 2022-2023 by $50 and increase the statutory weight limit of a personal delivery device from 80 pounds to 550 pounds, excluding cargo. It gives an effective date of July 1, 2021. The packet ends with the text of HB 353, which amends s. 316.2065, F.S., on bicycle seats.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Tourism, Infrastructure & Energy
Subcommittee
Wednesday, February 17, 2021
1:00 PM -3:00 PM
Webster Hall (212 Knott)
Meeting Packet
Chris Sprowls Brad Drake
Speaker Chair
The Florida House of Representatives
Commerce Committee
Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls Brad Drake
Speaker Chair
AGENDA
Wednesday, February 17, 2021
Webster Hall (212 Knott)
1:00 PM -3:00 PM
I. Call to Order & Roll Call
II. Welcoming Remarks
III. Consideration of the following bills(s):
HB 57 by Rep. Andrade
Transportation
HB 353 by Rep. Hage
Bicycle Operation Regulations
IV. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4873 Fax: (850) 413-0419
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Tourism, Infrastructure & Energy Subcommittee
Start Date and Time: Wednesday, February 17, 2021 01:00 pm
End Date and Time: Wednesday, February 17, 2021 03:00 pm
Location: Webster Hall (212 Knott)
Duration: 2.00 hrs
Consideration of the following blll(s):
HB 57 Transportation by Andrade
HB 353 Bicycle Operation Regulations by Hage
T he Chair requests that all amendments should be filed by 6 p.m. on Tuesday, February 16, 2021, including
amendments filed by Members of the Committee/Subcommittee.
This meeting will be live-streamed on https://thefloridachannel.org/. Audience seating will be socially
distanced and limited to the press and those persons wishing to provide substantive testimony on the filed
bills or draft legislation. Persons who wish to attend must register at www.myfloridahouse.gov, and pick up
a pass at the Legislative Welcome Center on the 4th Floor of the Capitol beginning two hours before the
start of the meeting. Seating will be available on a first-come, first-served basis. Registration closes three
hours before the meeting starts.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 57 Transportation
SPONSOR(S): Andrade
TIED BILLS: IDEN./SIM. BILLS: SB 1194
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johns
2) Ways & Means Committee
3) Infrastructure & Tourism Appropriations
Subcommittee
4) Commerce Committee
SUMMARY ANALYSIS
The bill contains various provisions related to transportation. In summary, the bill:
• Requires the sales tax on the sale of each motor vehicle sold in fiscal years 2021-2022 and 2022-2023
to be reduced by $50.
• Prohibits governmental entities from prohibiting certain entities holding a certificate of qualification from
the Department of Transportation (DOT) or the appropriate construction license from bidding on road ,
bridge, or other specified public construction service projects.
• Increases the statutory weight limit of a personal delivery device from 80 pounds to 550 pounds,
excluding cargo.
• Authorizes vehicles to display flashing lights if certain conditions exist.
• Authorizes construction vehicles to display flashing blue lights under certain circumstances.
• Authorizes portable radar speed display units to display flashing red or blue lights under certain
circumstances.
• Revises statutory provisions regarding innovative transportation projects.
• Revises financial statement requirements for certificates for qualification of DOT contractors.
• Clarifies that the submission of an application for qualification and subsequent approval does not affect
a project's ability factor or maximum capacity rating.
• Revises construction, engineering, and inspection requirements for airports.
• Revises statutory provisions regarding the State Arbitration Board within DOT, by clarifying court
review, providing subpoena power, and increasing payments to certain board members.
• Defines the term "borrow pit" and requires notification to the Department of Environmental Protection
for certain activities relating to borrow pits.
The bill is likely to a significant negative fiscal impact to state government associated with a reduction in sales
tax on the sale of motor vehicles and an increase in compensation for members of the State Arbitration Board.
Local governments operating airports may see a reduction in expenditures due to the exemption from
construction, engineering, arid inspection requirements in the bill. See Fiscal Analysis for details.
The bill has an effective date of July 1, 2021 .
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Sales Tax on Motor Vehicles
Current Situation
Florida law imposes a six percent tax on certain sales transactions. 1 Unless a specific exemption
applies, sales tax, plus any applicable discretionary sales surtax, is due on all new or used motor
vehicles sold, leased, delivered into, imported into, or used in this state. 2
Sales tax is due on the sales price of the motor vehicle, including any separately itemized charge or fee
for items such as :
• Accessories sold with the vehicle;
• Preparation, settlement, or closing fees;
• Freight, handling, or delivery of the motor vehicle to the dealer;
• Commission; and
• Any other expense or cost of the dealer that the dealer requires the purchaser to pay.
Any separately itemized fee or charge mandated by a state law for titling, licensing , or registering the
motor vehicle, or for recording a lien on the motor vehicle , is not subject to sales and use tax. 3
A motor vehicle dealer may deduct a trade-in allowance from the taxable sales price of a motor vehicle
when , in a single transaction, tangible personal property is traded as part of the motor vehicle sale. If
the sale is between individuals, the purchaser, in a single transaction, must trade an aircraft, boat,
motor vehicle, or mobile home for the motor vehicle being purchased to qualify for the trade-in
allowance.4
A discretionary sales surtax is due on the sale of a motor vehicle when the purchaser's address on the
motor vehicle's registration or title is located within a county imposing a discretionary sales surtax. A
discretionary sales surtax is only applicable to the first $5,000 of the purchase price .5
Effect of the Bill
The bill requires that for fiscal years 2021-2022 and 2022-2023, after calculating the sales tax imposed
by ch. 212, F.S. on the sale of a motor vehicle, the amount due is reduced by $50.
Procurement of Public Construction Services
Current Situation
State Procurement Law
Chapter 287, F.S., governs the state's procurement of personal property and services.
The Legislature recognizes that fair and open competition is a basic tenet of public
procurement. It is essential to the effective and ethical procurement of commod ities and
contractual services that there be a system of uniform procedures utilized by state
1
Ch. 212, F.S. Office of Economic and Demographic Research, 2020 Florida Tax Handbook, p. 163. Available at:
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2020. pdf (last visited December 14, 2020).
2
Florida Department of Revenue, Tax Advisory on Sales and Use Tax on Motor Vehicles, December 2017. Available at:
https://floridarevenue.com/Forms_library/current/gt800030.pdf(last visited December 11, 2020).
3 Id.
4 Id.
s Id.
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agencies in managing and procuring commodities and contractual services, that detailed
justification of agency6 decisions in the procurement of commodities and contractual
services be maintained, and that adherence by the agency and the vendor to specific
ethical considerations be required.7
Depending on the cost and characteristics of the needed goods or services, agencies may utilize a
variety of procurement methods, which include: 8
• Single source contracts, which are Used when an agency determines that only one vendor is
available to provide a commodity or service at the time of purchase;
• Invitations to bid, which are used when an agency determines that standard services or goods
will meet needs, wide competition is available, and the vendor's experience will not greatly
influence the agency's results;
• Requests for proposal, which are used when the procurement requirements allow for
consideration of various solutions and the agency believes more than two or three vendors exist
who can provide the required goods or services; and
• Invitations to negotiate, which are used when negotiations are determined to be necessary to
obtain the best value and involve a request for highly complex, customized, mission-critical
services.
Construction Contracting
Administered by the Department of Business and Professional Regulation (DBPR), ch . 489, F.S.,
relates to various forms of construction contracting and generally requires licensing of construction
contractors . However, there is an exemption for road and railroad construction and services incidental
to such work. 9
Department of Transportation Certification for Qualification
Florida law requires that any contractor desiring to bid on any Department of Transportation (DOT)
construction contract in excess of $250,000 must first be certified by DOT as qualified pursuant to state
law10 and DOT's rules. 11 DOT's rules 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 .12 DOT's
rules provide the requirements for contractors to be certified as qualified to bid for the performance of
road, bridge, or public transportation construction contracts in excess of $250,000.13
6
Section 287.012( 1), F.S., defines the term "agency" as any of the various state officers, departments, boards, commissions, divisions,
bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. "Agency"
does not include the university and college boards of trustees or the state universities and colleges.
7
S. 287.001, F.S.
8
See ss. 287.012(6) and 287.057, F.S.
9
S. 489.103(1 ), F.S. Rule 61G4-12.011, F.A.C., defines the term "services incidental thereto" for the purpose of s. 489.103(1 ), F.S.,
only, to mean all work on bridges, roads, streets, highways, and railroads except building construction and those subcontractor
categories, defined in Sections 489.105(3)(d)-(q), F.S. However, notwithstanding the previous provision, services incidental thereto
specifically includes storm drainage and excavation work necessary for the construction of bridges, roads, streets, highways, and
railroads; and includes directly contracting with a governmental entity for work on bridges, roads, street, highways, and railroads
when any building construction included in the contract is subcontracted to a contractor appropriately licensed under Ch. 489, Part I,
F.S., to perform building construction or those subcontractor categories defined in ss. 489.105(3)(d)-(q), F.S., and such building
construction does not constitute more than 50 percent of the total contract amount.
10 S. 337.14, F.S.
11
DOT's rules regarding contractor qualification are codified in Rule 14-22, F.A.C.
12
S. 337.14(1), F.S.
13
R. 14-22.0011(1), F.A.C.
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Effect of the Bill
The bill provides that a local or regional governmental entity14 procuring certain services via a
competitive solicitation 15 may not prohibit a response from a vendor that possesses a valid certificate of
qualification or license under ch. 489, F.S., corresponding to the contractual services being procured.
Specifically, this provision applies to procurement of contractual services 16 that are limited to the
classes of work for which DOT issues certificates of qualification and that do not involve the
construction, remodeling, repair, or improvement of any building. This applies to all competitive
solicitations issued by a governmental entity on or after October 1, 2021.
Personal Delivery Devices
Current Situation
A personal delivery device (POD) is an electrically powered device that:
• Is operated on sidewalks and crosswalks and intended primarily for transporting property;
• Weighs less than 80 pounds, excluding cargo;
• Has a maximum speed of 10 miles per hour; and
• Is equipped with technology to allow for operation of the device with or without the active control
or monitoring of a natural person. 17
A POD may operate on sidewalks and crosswalks where it has all the rights and duties applicable to a
pedestrian, except that a POD may not unreasonably interfere with pedestrians or traffic and must yield
the right-of-way to pedestrians on the sidewalk or crosswalk. 18
A POD must obey all official traffic and pedestrian control signals and devices, display identifying
information, and be equipped with a braking system. 19 A POD may not:
• Operate on a public highway except to the extent necessary to cross a crosswalk;
• Operate on a sidewalk or crosswalk unless the POD operator is actively controlling or
monitoring its navigation and operation; or
• Transport hazardous materials. 20
Effect of the Bill
The bill increases the statutory weight limit of a POD from 80 pounds to 550 pounds, excluding cargo.
This will allow larger PDDs to assist with such tasks as package delivery.
14
Section 287.102(14), F.S., defines the term "governmental entity" as a political subdivision or agency of this state or of any state of
the United States, including, but not limited to, state government, county, municipality, school district, nonprofit public university or
college, single-purpose or multipurpose special district, single-purpose or multipurpose public authority, metropolitan or consolidated
government, separate legal entity or administrative entity, or any agency of the Federal Government.
15
Section 287.012(6), F.S., defines the term "competitive solicitation" as the process of requesting and receiving two or more sealed
bids, proposals, or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the
method of procurement.
16
Section 287.012(8), F.S., defines the term "contractual service" as the rendering by a contractor of its time and effort rather than the
furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent
contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security;
management systems; management consulting; educational training programs; research and development studies or reports on the
findings of consultants engaged thereunder; and professional, technical, and social services. The term does not include a contract for
the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of a facility, building, portion
of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Ch. 255, F.S., and
rules adopted thereunder.
1
-S 316.003(56).F.S.
"S. 316.2071(1), F.S.
19
S. 316.0271(2), F.S.
20
S. 316.2071(3), F.S.
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Flashing Blue Lights
Current Situation
Florida law prohibits the display of blue lights on any vehicle or equipment, except police vehicles and
vehicles of the Department of Corrections or any county correctional agency when responding to
emergencies. 21
Road or street maintenance equipment, road or street maintenance vehicles, road service vehicles,
refuse collection vehicles, petroleum tankers, and mail carrier vehicles may display amber lights when
in operation or where a hazard exists. 22 Additionally, road maintenance and construction equipment
and vehicles may display flashing white lights or flashing white strobe lights when in operation and
where a hazard exists. 23
The Manual on Uniform Traffic Control Devices (MUTCD), adopted by DOT pursuant s. 316.0745, F.S.,
describes portable changeable message signs as temporary traffic control devices installed for
temporary use with the flexibility to display a variety of messages, including warning messages where
traffic speed is expected to drop substantially. 24 Warning lights used in a temporary traffic control zone,
in either a steady burn or a flashing mode, are yellow in color as required by the MUTCD. 25 In addition,
the MUTCD provides that "If a changeable message sign displaying approach speeds is installed, the
legend YOUR SPEED XX MPH or such similar legend should be displayed. The color of the
changeable message legend should be a yellow legend on a black background or the reverse of these
colors." 26
Effect of the Bill
The bill authorizes construction vehicles within a work zone on roadways with a posted speed limit of
55 mph or higher to show or display flashing blue lights while performing paving operations or where a
hazard exists. Additionally, under the direction of a law enforcement officer, the bill authorizes portable
radar speed display units to show or display flashing red or blue lights when placed in advance of a
work zone on roadways with a posted speed limit of 55 mph or higher and when workers are present.
Flashing Lights on Vehicles
Current Situation
Florida law prohibits the use of flashing lights on vehicles except:
• As a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is
lawfully stopped or disabled upon the highway;
• When a motorist intermittently flashes his or her vehicle's headlamps at an oncoming vehicle
notwithstanding the motorist's intent for doing so; and
• For certain lamps authorized in statute, which may flash, including various types of emergency
vehicles. 27
With the exception of funeral processions, 28 Florida law does not expressly authorize the use of hazard
lights on moving vehicles. The Florida Driver Handbook indicates that a driver should not use
21
S. 316.2397(2), F.S.
22
S. 316.2397(4), F.S.
23
S. 316.2397(5), F.S.
24
MUTCD, Section 6F.60, available at https://mutcd.fuwa.dot.gov/pdfs/2009rlr2/mutcd2009rlr2edition.pdf(last visited December
14, 2020).
25
MUTCD, Section lA.13 definition of"waming light."
26
MUTCD, Section 2B.13.
27
S. 316.2397(7), F.S.
28
S. 316.1974(3)(c), F.S.
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emergency flashers in instances of low visibility or rain, and may only use emergency flashers when a
vehicle is disabled or stopped on the side of the road. 29
Effect of the Bill
The bill authorizes the use of flashing lights on vehicles during periods of extreme low visibility on
roadways with a posted speed limit of 55 mph or higher.
Innovative Transportation Projects
Current Situation
Innovative Transportation Projects
Current law authorizes DOT to establish a program for transportation projects that demonstrate
innovative techniques of highway and bridge design, construction, maintenance, and finance which
have the intended effect of measuring resiliency and structural integrity and controlling time and cost
increases on construction projects . These techniques may include, but are not limited to, state-of-the-
art technology for pavement, safety, and other aspects of highway and bridge design, construction, and
maintenance; innovative bidding and financing techniques; accelerated construction procedures; and
techniques that have the potential to reduce project life cycle costs. To the maximum extent practical,
DOT must use the existing standard process to award and administer construction and maintenance
contracts. When specific innovative techniques are to be used, DOT is not required to adhere to
provisions of law that would prevent it from using the innovative technique. However, before using an
innovative technique that is inconsistent with another provision of law, DOT must document the need
for the exception and identify what benefits the traveling public and the affected community are
anticipated to receive. 30
DOT may enter into no more than $120 million in contracts annually for the purposes of innovative
transportation projects. 31 This annual cap on contracts for innovative transportation projects does not
apply to :
• Turnpike enterprise projects.
• Transportation projects funded by the American Recovery and Reinvestment Act of 2009.32
Design-Build Contracts
Under current law, DOT may combine the design and construction phases of a building, a major bridge,
a limited access facility, or a rail corridor project into a single contract, referred to as a design-build
contract, if DOT determines that doing so is in the best interests of the public. 33 DOT, by rule, 34 must
adopt procedures for administering design-build contracts, including certain statutorily required
requirements and procedures. 35
Effect of the Bill
The bill replaces the total $120 million annual cap on contracts for innovative transportation projects
with a $120 million annual cap for design-build contracts.
The bill also removes redundant language regarding the exception for turnpike enterprise projects. The
bill removes the exception for projects funded by the American Recovery and Reinvestment Act of
29
Department of Highway Safety and Motor Vehicles, Florida Driver Handbook, available at:
https://www3. flhsmv.gov/handbooks/englishdriverhandbook.pdf (last visited December 14, 2020).
30
S. 337.025(1), F.S.
3 1 Id.
32
S. 337.025(2), F.S .
33
S. 337. l l(7)(a), F.S.
34
DOT's rules regarding design-build contracts are codified in Rule 14-91, F.A.C.
35
S. 337.1 l(7)(b), F.S.
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2009. The bill provides the annual cap on contracts does not apply to low-bid design-build milling 36 and
resurfacing contracts.
Application for Qualification
Current Situation
Any contractor that desires to bid for the performance of any DOT construction contract in excess of
$250,000 must first be certified by DOT as qualified. 37
A contractor who is not already qualified and in good standing with DOT as of January 1, 2019, and
who desires to bid on DOT contracts in excess of $50 million must have satisfactorily completed two
projects, each in excess of $15 million, for DOT or for any other state's department of transportation. 38
Each application for certification must be accompanied by the contractor's latest annual financial
statement, which must have been completed within the last 12 months. If the application or the annual
financial statement shows the contractor's financial condition more than four months prior to the date
on which DOT receives the application, the contractor must also submit an interim financial statement
and an updated application. Each required annual or interim financial statement must be audited and
accompanied by the opinion of a certified public accountant. 39
Effect of the Bill
The bill provides that any contractor who desires to bid on contracts in excess of $50 million must be
certified by DOT as qualified in addition to meeting existing experience requirements.
The bill requires each application for certification to be accompanied by audited, certified financial
statements prepared in accordance with United States generally accepted accounting principles and
United States generally accepted auditing standards by a certified public accountant licensed in this
state or another state. The applying contractor's audited, certified financial statements must specifically
address the applying contractor and must have been prepared within the immediately preceding 12
months. DOT may not consider any financial information relating to the parent entity of the applying
contractor, if any. DOT may not certify as qualified any applying contractor that fails to submit the
required audited, certified financial statements.
If the application or the annual financial statement shows the applying contractor's financial condition
more than four months before the date on which DOT receives the application, the applying contractor
must also submit interim audited, certified financial statements prepared in accordance with United
States generally accepted accounting and auditing principles and standards. Financial statements must
be prepared by a certified public accountant licensed in this state or another state.
Certificate of Qualification
Current Situation
Current law provides that if an applicant for a certificate of qualification is found to possess the
prescribed qualifications, DOT must issue to him or her a certificate of qualification that, unless revoked
by DOT 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 DOT prescribes. Submission of a new application does not affect
expiration of the certificate of qualification. 40
36
Pavement milling, is a process that removes part of a paved surface, such as a parking lot or road. Milling can remove just the
surface of the pavement, or anywhere up to the entire depth, referred to as full depth removal.
https://www.dykespaving.com/blog/how-does-pavement-milling-work/ (last visited January 22, 2021 ).
37
S, 337.14(1), F.S. DOT's rules regarding qualifications to bid are contained in Rule. 14-22, F.A.C.
38
S. 337.14(1), F.S.
39 Id.
40
S. 337.14(4), F.S.
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The Ability Factor is a performance score which a contractor receives from DOT upon completion of a
project. The initial ability factor is based on the applicant's organization, management, work experience,
and letters of recommendation. 41
The Maximum Capacity Rating is the total aggregate dollar amount of uncompleted work an applicant
may have under contract at one time either as a prime contractor and/or subcontractor, regardless of its
location or with whom contracted. 42
Effect of the Bill
The bill provides that the submission of an application of qualification and subsequent approval of such
application do not affect the ability factor of the project, or the maximum capacity rating of the project.
Construction, Engineering, and Inspection at Airports
Current Situation
Under current law, a contractor, 43 or his or her affiliate44 qualified with DOT may not also qualify to
provide testing services, or construction, engineering, and inspection (CEI) services to DOT. 45 This
limitation does not apply to any design-build prequalification 46 and does not apply when DOT otherwise
determines by written order entered at least 30 days before advertisement that the limitation is not in
the public's best interests with respect to a particular contract for testing services or CEI services.
DOT has adopted procedures governing conflicts of interest involving professional services consultant
contracts and design-build contracts. The procedures contain a set of matrices illustrating the variety of
scenarios encountered with prime contractor or subcontractors and when DOT would consider the
arrangement a conflict. 47
In 2019, the Legislature passed HB 905, 48 which provided that for a construction project wholly or
partially funded by DOT and administered by a local governmental entity, the same entity may not
perform both design services and CEI services. That bill exempted certain seaports from that provision.
According to the Florida Airports Council, the 2019 statutory changes relating to CEI requirements will
increase construction costs, increase project schedules due to additional coordination with consultants,
and reduce project efficiency. Depending on the project, airports may leverage different delivery
methods for CEI activities. Additionally, airports indicate that they deliver more than road projects and
that DOT's professional services requirements do not always accommodate airport construction
projects. 49 The Florida Airports Council maintains that due to the unique and specialized nature of
airports, they need to remain agile in the projects they delivery to ensure that each project is completed
in a safe, timely, and cost effective manner. 50
41
R. 14.22-003, F.A.C.
42
R. 14-22.003, F.A.C.
43
Section 337. l65(l)(d), F.S., defines the term "contractor" as any person who bids or applies to bid on work let by the department or
any counterpart agency of any other state or of the Federal Government or who provides professional services to the department or
other such agency. The term "contractor" includes the officers, directors, executives, shareholders active in management, employees,
and agents of the contractor.
44
Section 33 7 .165(1 )(a), F.S., defines the term "affiliate" as a predecessor or successor of a contractor under the same, or substantially
the same, control or a group of business entities which are connected or associated so that one entity controls or has the power to
control each of the other business entities. The term "affiliate" includes the officers, directors, executives, shareholders active in
management, employees, and agents of the affiliate. The ownership by one business entity ofa controlling interest in another business
entity or a pooling of equipment or income among business entities shall be prima facie evidence that one business entity is an affiliate
of another.
45
S. 337.14, F.S.
46
Design-build prequalification is pursuant to s. 337.11(7), F.S.
47
DOT Topic No.: 375-030-006-c, Conflict of Interest Procedure f1J1· Department Contracts. (Au-;ust 2008)
48
Ch.2019-153, L.O.F.
49
Email from Darrick McGhee, Florida Airports Council, Re. HB: 1441-Airport Contracts. (Jan. 21, 2020).
50
Email from Darrick McGhee, Florida Airports Council, Re. House Bill: 1441-Contracted Airport Projects. (Feb. 1, 2020).
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Effect of the Bill
The bill amends s. 337.14(7), F.S., by providing an exemption for airports from the requirement that, for
a project wholly or partially funded by DOT and administered by a local governmental entity, the same
entity may not perform both design services and CEI services. This exemption is identical to the one
currently in place for seaports.
State Arbitration Board
Current Situation
State Arbitration Board
Florida law creates the State Arbitration Board (board) within DOT to facilitate the prompt settlement of
claims 51 for additional compensation arising out of construction and maintenance contracts between
DOT and its various contractors. 52
Florida law provides that every contractual claim in an amount up to $250,000 per contract or, at the
claimant's option, up to $1 million per contract or, upon agreement of the parties, up to $2 million per
contract, which cannot be resolved by negotiation between DOT and the contractor must be arbitrated
by the board after DOT's acceptance of the project. However, either party may request that the claim
be submitted to binding private arbitration. A court of law may not consider the settlement of a claim
until the board arbitration process has been exhausted. 53
The board is composed of three members: one member is appointed by the head of DOT; 54 one
member is elected by those construction or maintenance companies who are under contract with DOT;
and the third member is chosen by agreement of the other two members. Whenever the third member
has a conflict of interest regarding an affiliation with one of the parties, the other two members select an
alternate member for that hearing. The head of DOT may select an alternative or substitute to serve as
DOT's member for any hearing or term. Each member serves a two-year term. The board elects a
chair, each term, who is the administrator of the board and custodian of its records. 55
An arbitration hearing may be requested by DOT or by a contractor who has a dispute with DOT which,
under the board's rules, 56 may be the subject of arbitration. For all contracts entered into after June 30,
1993, the request must be made to the board within 820 days after the final acceptance of the work.
The board must conduct the hearing within 45 days of the request. The party requesting the board's
consideration must give notice of the hearing to each board member. If the board finds that a third party
is necessary to resolve the dispute, the board may vote to dismiss the claim, which may thereafter be
pursued in accordance with the Florida law. 57
All members must be present to conduct a meeting. Upon being called into session, the board must
promptly proceed to a determination of the issue or issues in dispute. 58
When a valid contract is in effect defining the rights, duties, and liabilities of the parties with respect to
any matter in dispute, the board may only determine the proper interpretation and application of the
appropriate contract provisions. Any investigation made by less than the whole membership of the
51
For the purpose of s. 337.185, F.S., the term "claim" means the aggregate of all outstanding claims by a party arising out of a
construction or maintenance contract.
52
S. 337.185(1), F.S.
53
S. 337.185(1), F.S.
54
The head of DOT is the Secretary of Transportation.
55
S. 337.185(2), F.S.
56
Current State Arbitration Board procedures are available at: https://cdn.ymaws.com/ftba.site-
ym.com/resource/resmgr/website_files/arbitration_board/11-l 9-20_State_Arbitration_B.pdf (last visited December 22, 2020).
57
S. 337.185(3), F.S.
58
S. 337.185(4), F.S.
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board must be by authority of a written directive by the chair, and the investigation must be summarized
in writing and considered by the board as part of the record of its proceedings.59
The board must hand down its order within 60 days after it is called into session. If all three members of
the board do not agree, the order of the majority constitutes the order of the board. 60
The board members may receive compensation for the performance of their duties from administrative
fees received by the board, except that a DOT employee may not receive compensation from the
board. The compensation amount is determined by the board, but may not exceed $125 per hour, up to
$1,000 per day for each member authorized to receive compensation. This does not prevent the
member elected by construction or maintenance companies from being an employee of an association
affiliated with the industry, even if the sole responsibility of that member is service on the board. Travel
expenses for the industry member may be paid by an industry association, if necessary. The board
may allocate funds annually for clerical and other administrative services. 61
The party requesting arbitration must pay a fee to the board in accordance with a schedule established
by it, to cover the cost of administration and compensation of the board, not to exceed:
• $500 per claim which is $25,000 or less;
• $1,000 per claim which is in excess of $25,000 but not exceeding $50,000;
• $1,500 per claim which is in excess of $50,000 but not exceeding $100,000;
• $2,000 per claim which is in excess of $100,000 but not exceeding $200,000;
• $3,000 per claim which is in excess of $200,000 but not exceeding $300,000;
• $4,000 per claim which is in excess of $300,000 but not exceeding $400,000; and
• $5,000 per claim which is in excess of $400,000. 62
The board in its order may apportion the above fees, and the cost of recording and preparing a
transcript of the hearing, among the parties in accordance with the board's finding of liability. 63
Effect of the Bill
The bill revises statutory provisions relating to the State Arbitration Board. The bill defines the following
terms for purposes of the board:
"Claim" -- the aggregate of all outstanding written requests for additional monetary compensation,
time, or other adjustments to the contract, the entitlement or impact of which is disputed by DOT.
"Contractor" -- a person or firm having a contract for rendering services to DOT relating to the
construction or maintenance of a transportation facility.
"Final acceptance" -- the contractor has completely performed the work provided for under the
contract, DOT or its agent has determined that the contractor has satisfactorily completed the work
provided for under the contract, and DOT or its agent has submitted written notice of final
acceptance to the contractor.
The bill requires that every claim of up to $250,000 per contract be arbitrated by the board and may not
go to private arbitration. An award issued by the board pursuant to this provision is final and
enforceable by a court of law.
A contractor may submit a claim greater than $250,000 up to $1 million per contract or, upon
agreement of the parties, up to $2 million per contract to be arbitrated by the board. An award issued
59
S. 337.185(5), F.S.
60
S. 337.185(6), F.S.
61
S. 337.185(7), F.S.
62
S. 337.185(8), F.S.
63
S. 337.185(9), F.S.
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by the board pursuant to this provision is final if a request for a trial de novo 64 is not filed within the time
provided by Rule 1.830, Florida Rules of Civil Procedure. 65 At the trial de novo, the court may not admit
evidence that there has been an arbitration proceeding, the nature or amount of the award, or any other
matter concerning the conduct of the arbitration proceeding, except that testimony given at an
arbitration hearing may be used for any purpose otherwise permitted by the Florida Evidence Code. 66 If
a request for trial de novo is not filed within the time provided, the award issued by the board is final
and enforceable by a court of law.
An arbitration request may not be made to the board before final acceptance, but must be made within
820 days after final acceptance.
The board must still schedule a hearing within 45 days after an arbitration request and, if possible, must
now conduct the hearing within 90 days after the request instead of the previous 45 day deadline.
The bill authorizes the board to administer oaths and conduct the proceedings as provided by the rules
of the court. The bill requires the hearing must be conducted informally, with the presentation of
testimony and evidence being kept to a minimum. The bill requires matters to be presented to the
arbitrators primarily through the statements and arguments of counsel. The board must address the
scope of discovery, presentation of testimony, and evidence at a preliminary hearing by considering the
size, subject matter, and complexity of the dispute. Any party to the arbitration may petition the board,
for good cause shown, to issue subpoenas for the attendance of witnesses and the production of
books, records, documents, and other evidence at the arbitration and may petition the board for orders
compelling such attendance and production at the arbitration. Subpoenas must be served and are
enforceable in the manner provided by law.
The board must issue its award within 45 days after the conclusion of the arbitration hearing. If all three
members of the board do not agree, the award agreed to by the majority of the board constitutes the
award of the board.
The board is still composed of three members who are selected in the same manner as in current law.
If a member has a conflict of interest, an alternative member is appointed in the same manner as the
original appointment. Each member serves a 4-year term instead of the current 2-year term. The board
still elects a chair for each term, who is the administrator of the board and custodian of its records.
The presence of all board members is required to conduct a meeting. A meeting may be conducted
either in person or via virtual videoconferencing. 67
The bill requires all board members, including DOT employees appointed to serve, to receive
compensation for the performance of their duties from deposits made by the parties based on an
estimate of compensation. All deposits will be held in escrow by the chair in advance of the hearing.
Each member eligible for compensation is compensated at $200 per hour (currently $150 per hour), up
to $1,500 per day (currently up to $1,000 per day). A member must be reimbursed for the actual cost of
his or her travel expenses. The board may annually allocate funds for clerical and other administrative
services.
The bill maintains the filing fees provided in current law keeps the authorization for the board to
apportion the filing fees and the cost of recording and preparing a transcript of the hearing among the
parties in its award.
64
A trial de novo refers to a new trial on the entire case and is conducted as ifthere had been no trial in the first instance.
https://definitions.uslegal.com/t/trial-de-novo/ (last visited December 22, 2020).
65
Rule 1.830, Florida Rules of Civil Procedure relates to voluntary binding arbitration. The rule provides that a voluntary binding
arbitration decision may be appealed within 30 days after service of the decision on the parties. Appeal is limited to the grounds
specified ins. 44.104(10), F.S.
66
Ch. 90, F.S.
67
In Florida law, this is often referred to as via "communications media technology."
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Resource Extraction Reclamation Act
Current Situation
Federal Law
The Federal Mine Safety and Health Act of 1977, 68 authorizes the United States Secretary of Labor to
promulgate and enforce safety and health standards regarding working conditions of employees
engaged in underground and surface mineral extraction (mining), related operations, and preparation
and milling of the minerals extracted. 69
The Occupational Safety and Health Act of 197070 (OSHAct) gives the United States Secretary of Labor
authority over all working conditions of employees engaged in business affecting commerce except
those conditions with respect to which other Federal agencies exercise statutory authority to prescribe
or enforce regulations affecting occupational safety or health. The OSHAct also provides that states
may operate their own occupational safety and health programs under a plan approved by the United
States Secretary of Labor. 71
Pursuant to a 1979 interagency agreement between the federal Mine Safety and Health Administration
and the Occupational Safety and Health Administration (OSHA), "borrow pits" are subject to OSHA
jurisdiction except those borrow pits located on mine property or related to mining. 72
State Law
Currently, the term "borrow pit" is not defined in Florida statutes.
Part Ill of Ch. 378, F.S., contains the Resource Extraction Reclamation Act, 73 which prohibits an
operator74 from beginning the process of extracting clay, peat, gravel, sand, or any other solid
substance of commercial value found in natural deposits or in the earth, except fuller's earth clay,
heavy minerals, limestone, or phosphate, which are regulated elsewhere in Ch. 378, F.S., at a new
mine 75 without notifying the secretary of the Department of Environmental Protection (DEP) of the
intention to mine. 76 The operator's notice of intent to mine must consist of the operator's estimated life
of the mine and the operator's signed acknowledgment of the performance standards provided in s.
378.803, F.S. 77
The act also provides that after January 1, 1989, all operators of existing mines for the extraction of
resources as described above must meet the performance standards provided bys. 378.803, F.S., for
any new surface area disturbed at such mines. 78
68
Pub. L. 91-173 as amended by Pub. L. 95-164
69
United States Department of Labor, Mine Safety and Health Administration, !nteragency Agreement Between the Mine Safety and
Health Administration and the Occupational Safety and Health Administration, available at: https://www.msha.gov/msha-and-osha-
memorandum (last visited January 21, 2021 ).
70
Pub. L. 91-596
71
United States Department of Labor, Mine Safety and Health Administration, lnteragency Agreement Between the Mine Safety and
Health Administration and the Occupational Safety and Health Administration.
72
Id For purposes of the federal interagency agreement, the term "borrow pit" means an area ofland where the overburden, consisting
of unconsolidated rock, glacial debris, other earth material overlying bedrock is extracted from the surface. Extraction occurs on a
one-time only basis or only intermittently as need occurs, for use as fill materials by the extracting party in the form in which it is
extracted. No milling is involved, except for the use ofa scalping screen to remove large rocks, wood and trash. The material is used
by the extracting party more for its bulk than its intrinsic qualities on land which is relatively near the borrow pit.
73
S.378.401, F.S.
74
S. 378.403(13), F.S., defines the term "operator" as any person engaged in an operation.
75
Section 348.403(10), F.S., defines the term "mine" as an area of\and upon which mining operations have been conducted, are being
conducted, or are planned to be conducted, as the term is commonly used in the trade.
76
S. 378.801(1), F.S.
77
S.378.801(2), F.S.
78
S. 378.802, F.S.
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Section 378.803, F.S., provides the following performance standards for the reclamation of other
resources: 79
• Reclamation must achieve the stormwater, drainage, wetlands, and other surface and
groundwater requirements of DEP and the appropriate water management district.
• The final slopes must be at such an angle as to minimize the possibility of slides and may not
exceed the natural angle of repose of the material being mined.
• Provisions for safety to persons, wildlife, and adjoining property must be provided.
• Any overburden and spoil must be left in a configuration which is in accordance with accepted
soil conservation practices and which is suitable for the proposed future use of the land.
• Reclamation must be designed to avoid the collection of water in pools which are, or are likely to
become, noxious, odious, or foul.
• All reclamation activities must, to the extent possible, be coordinated with resource extraction
and in any event must be initiated at the earliest practicable time.
• Reclamation activities must be consistent with all applicable local government ordinances at
least as stringent as the criteria and standards contained in s. 378.803, F.S.
Effect of the Bill
The bill defines the term "borrow pit" for purposes of the Resource Extraction Reclamation Act, as an
area of land upon which excavation of surface resources has been conducted, is being conducted, or is
planned to be conducted, as the term is commonly used in the trade, and is not considered a mine.
Such resources are limited to soil, organic soil, sand, or clay that can be removed with construction
excavating equipment and loaded on a haul truck with no additional processing.
The bill provides that an operator may not begin the operation of a borrow pit at a new location without
notifying the secretary of DEP of the intention to extract. The operator's notice of intent to extract must
consist of the operator's estimated life of the extraction location and the operator's signed
acknowledgment of the performance standards provided by s. 378.803, F.S.
The bill provides that all operators of existing locations, instead of mines, for the extraction of resources
as described ins. 378.801, F.S., must meet the performance standards provided bys. 378.803, F.S. for
any new surface area disturbed at such locations.
Effective Date
The bill has an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1 Amends s. 212.08, F.S., relating to sales, rental, use, consumption, distribution, and storage
tax; specified exemptions.
Section 2 Creates s. 287.05705, F.S., relating to procurements of road, bridge, and other specified
public construction services.
Section 3 Amends s. 316.003, F.S., providing definitions.
Section 4 Amends s. 316.2397, F.S., relating to certain lights prohibited; exceptions.
Section 5 Amends s. 337.025, F.S., relating to innovative transportation projects.
79
Section 378.403(17), F.S., defines the term "resource" as soil, clay, peat, stone, gravel, sand, limerock, metallic ore, or any other
solid substance of commercial value found in natural deposits on or in the earth, except phosphate, which is regulated by part III.
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Section 6 Amends s. 337.14, F.S., relating to application for qualification; certificate of qualification;
restrictions; request for hearing.
Section 7 Amends s. 337.185, F.S., relating to the State Arbitration Board.
Section 8 Amends s. 378.403, F.S., providing definitions.
Section 9 Amends s. 378.801, F.S., relating to other resources; notice of intent to extract required.
Section 10 Amends s. 378.802, F.S., relating to existing extraction locations.
Section 11 Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The Revenue Estimating Impact Conference has not met regarding the $50 reduction in sales tax
due on the sale of each motor vehicle in the state. However, there will likely be a significant
negative fiscal impact to General Revenue and various trust funds.
2. Expenditures:
The bill requires and increases hourly compensation for members of the State Arbitration Board
from $150 to $200, and increases the daily maximum compensation from $1,000 to $1,500 per
member. The bill also authorizes board members who are DOT employees to receive
compensation for service on the board. 80 However, both current law and the bill require parties
bringing arbitrations to the board to pay filing fees, based on the amount of the dispute, to defray
the costs of operating the board. However, the filing fees do not increase, and it is unknown if they
will cover the increased cost of the board.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
This bill does not appear to impact local government revenues.
2. Expenditures:
Local governments operating airports may see a reduction in expenditures due to the exemption
from the construction, engineering, and inspection requirements in the bill. However, the cost
savings are associated with specific projects; therefore, this reduction in expenditures is
indeterminate.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The reduction in sales tax on the sale of motor vehicles will reduce the sales tax paid by consumers by
$50 per motor vehicle sold.
D. FISCAL COMMENTS:
None.
80
Under current law, board members who are DOT employees may not receive additional compensation for service on the board.
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Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
8 . RULE-MAKING AUTHORITY:
The bill does not authorize rulemaking, nor does it require rulemaking
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill authorizes the State Arbitration Board to meet via virtual video conferencing; however, the
generally used term in statute is "communications media technology, "81 and the state has rules 82
governing the use of communications media technology by state agencies. While the statutory
definition of communications media technology does not specifically mention virtual videoconferencing,
it allows for digital video by any method available, which appears to include virtual videoconferencing .
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not Applicable.
81
Section 120.54(5)(b)2, F.S., defines the term "'communications media technology" as the electronic transmission of printed matter,
audio, full-motion video, freeze-frame video, compressed video, and digital video by any method available.
82
R. 28-109, F.A.C.
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 57 2021
1 A bill to be entitled
2 An act relating to transportation; amending s. 212.08,
3 F.S.; reducing motor vehicle sales tax for certai n
4 fiscal years; creating s. 287.05705, F.S.; providing
5 that certain governmental entities may not prohibit
6 certain vendors from responding to competitive
7 solicitations of certain contractual services;
8 providing applicability; amending s. 316.003, F.S.;
9 revising the definition of the term "personal delivery
10 device"; amending s. 316.2397, F.S.; revising
11 provi sions authorizing vehicles to show or display
12 flashing lights; amending s. 337.025, F.S.; revising
13 the type of transportation project contracts that are
14 subject to an annual cap; revising application of such
15 cap; amending s. 337.14, F.S.; requiring contractors
16 wishing to bid on certain contracts to first be
17 certified by the Department of Transportation as
18 qualified; revising requirements for applying for and
19 issuing a certi ficat e of quali fica tion; providing
20 construction with respec t to submi ssion and approval
21 of an application for such certificate; exempting
22 airports from certain restrictions regarding entit ie s
23 performing engineering a nd inspection services;
24 amending s . 337 .18 5 , F . S .; revi s ing and providing
25 definitions; r evising requirements for arbitration of
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26 certain contracts by the State Arbitration Board;
27 revising requirements regarding arbitration requests,
28 hearings, procedures, and awards; revising membership
29 and meeting requirements; revising compensation of
30 board members; amending s. 378.403, F.S.; defining the
31 term "borrow pit"; amending s. 378.801, F.S.;
32 prohibiting operation of a borrow pit at a new
33 location without notifying the Secretary of
34 Environmental Protection of the intent to extract;
35 conforming provisions; amending s. 378.802, F.S.;
36 revising application of provisions to exclude existing
37 mines; providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Paragraph (ppp) is added to subsection (7) of
42 section 212.08, Florida Statutes, to read:
43 212.08 Sales, rental, use, consumption, distribution, and
44 storage tax; specified exemptions.-The sale at retail, the
45 rental, the use, the consumption, the distribution, and the
46 storage to be used or consumed in this state of the following
47 are hereby specifically exempt from the tax imposed by this
48 chapter.
49 (7) MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any
50 entity by this chapter do not inure to any transaction that is
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51 otherwise taxable under this chapter when payment is made by a
52 representative or employee of the entity by any means,
53 including, but not limited to, cash, check, or credit card, even
54 when that representative or employee is subsequently reimbursed
55 by the entity. In addition, exemptions provided to any entity by
56 this subsection do not inure to any transaction that is
57 otherwise taxable under this chapter unless the entity has
58 obtained a sales tax exemption certificate from the department
59 or the entity obtains or provides other documentation as
60 required by the department. Eligible purchases or leases made
61 with such a certificate must be in strict compliance with this
62 subsection and departmental rules, and any person who makes an
63 exempt purchase with a certificate that is not in strict
64 compliance with this subsection and the rules is liable for and
65 shall pay the tax. The department may adopt rules to administer
66 this subsection.
67 (ppp) Motor vehicle sales tax for specified fiscal years.-
68 For fiscal years 2021-2022 and 2022-2023, after calculating the
69 sales tax imposed by this chapter on the sale of a motor
70 vehicle, the amount due shall be reduced by $50.
71 Section 2. Section 287.05705, Florida Statutes, is created
72 to read:
73 287.05705 Procurements of road, bridge, and other
74 specified public construction services.-
75 (1) With respect to competitive solicitations for the
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76 procurement of contractual services that are limited to the
77 classes of work for which the Department of Transportation
78 issues certificates of qualification pursuant to s. 337. 14,
79 which services do not involve the construction, remodeling,
80 repair, or improvement of any building, a local or regional
81 governmental entity procuring such services may not prohibit a
82 response from a vendor possessing a valid certificate of
83 qualification under s. 337.14 or license under chapter 489
84 corresponding to the contractual services being procured .
85 (2) This section applies to all competitive solicitations
86 issued by a governmental entity on or after October 1, 2021.
87 Section 3. Paragraph (b) of subsection (56) of section
88 316.003, Florida Statutes, is amended to read:
89 316.003 Definitions.-The following words and phrases, when
90 used in this chapter, shall have the meanings respectively
91 ascribed to them in this section, except where the context
92 otherwise requires:
93 (56) PERSONAL DELIVERY DEVICE.-An electrically powered
94 device that:
95 (b) Weighs less than 550 -8-G- pounds, excluding cargo;
96
97 A personal delivery device is not considered a vehicle unless
98 expressly defined by law as a vehicle. A mobile carrier is not
99 considered a personal delivery device.
100 Section 4. Subsection (10) of section 316.2397, Florida
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101 Statutes, is renumbered as subsection (12), subsections (2) and
102 (7) are amended, and new subsections (10) and (11) are added to
103 that section, to read:
104 316.2397 Certain lights prohibited; exceptions.-
105 (2) It is expressly prohibited for any vehicle or
106 equipment, except police vehicles and vehicles and equipment
107 specified in subsections (10) and (11), to show or display blue
108 lights. However, vehicles owned, operated, or leased by the
109 Department of Corrections or any county correctional agency may
11 0 show or display blue lights when responding to emergencies.
111 (7) Flashing lights are prohibited on vehicles except:
112 (a) As a means of indicating a right or left turn, to
113 change lanes, or to indicate that the vehicle is lawfully
114 stopped or disabled upon the highway;
115 (b) When a motorist intermittently flashes his or her
116 vehicle's headlamps at an oncoming vehicle notwithstanding the
117 motorist's intent for doing so;
118 (c) During p eriods of extreme low visibility on roadways
11 9 with a posted speed limit of 55 mph or higher; and
120 J.s!l_+et- For the lamps authorized under subsections (1),
12 1 (2), (3), (4), and (9), s. 316.2065, or s. 316.235 (6) which may
122 flash.
123 (10) Construction vehicles within a work zone on roadways
124 with a posted speed limit of 55 mph or higher may show or
125 displa y flashing blue lights while performing paving operations
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126 or where a hazard exists.
127 (11) Under the direction of a law enforcement officer,
128 portable radar speed display units in advance of a work zone on
129 roadways with a posted speed limit of 55 mph or higher may show
130 or display flashing red and blue lights when workers are
131 present.
132 Section 5. Section 337.025, Florida Statutes, is amended
133 to read:
134 337.025 Innovative transportation projects; department to
135 establish program.-
136 (1) The department may establish a program for
137 transportation projects demonstrating innovative techniques of
138 highway and bridge design, construction, maintenance, and
139 finance which have the intended effect of measuring resiliency
140 and structural integrity and controlling time and cost increases
141 on construction projects. Such techniques may include, but are
142 not limited to, state-of-the-art technology for pavement,
143 safety, and other aspects of highway and bridge design,
144 construction, and maintenance; innovative bidding and financing
145 techniques; accelerated construction procedures; and those
146 techniques that have the potential to reduce project life cycle
147 costs. To the maximum extent practical, the department must use
148 the existing process to award and administer construction and
149 maintenance contracts. When specific innovative techniques are
150 to be used, the department is not required to adhere to those
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151 provisions of law that would prevent, preclude, or in any way
152 prohibit the department from using the innovative technique.
153 However, before using an innovative technique that is
154 inconsistent with another provision of law, the department must
155 document in writing the need for the exception and identify what
156 benefits the traveling public and the affected community are
157 anticipated to receive. The department may enter into no more
158 than $120 million in design-build contracts awarded annually
159 pursuant to s. 337.11(7) for the purposes authorized by this
160 section.
161 (2) The annual cap on contracts provided in subsection (1)
162 does shall not apply to:
163 (a) Turnpike enterprise projects, and turnpike enterprise
164 projects shall not be counted toward the department's annual
165 ~.
166 (b) Low-bid design-build milling and resurfacing contracts
167 Transportation projects funded by the American Recovery and
168 Reinvestment Act of 2009.
169 Section 6. Subsections ( 1) , ( 4) , and ( 7) of section
170 337.14, Florida Statutes, are amended to read:
171 337.14 Application for qualification; certificate of
172 qualification; restrictions; request for hearing.-
173 (1) Any contractor desiring to bid for the performance of
174 any construction contract in excess of $250,000 which the
175 department proposes to let must first be certified by the
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176 department as qualified pursuant to this section and rules of
177 the department. The rules of the department must address the
178 qualification of contractors to bid on construction contracts in
179 excess of $250,000 and must include requirements with respect to
180 the equipment, past record, experience, financial resources, and
181 organizational personnel of the applying contractor which are
182 necessary to perform the specific class of work for which the
183 contractor seeks certification. Any contractor who desires to
184 bid on contracts in excess of $50 million and who is not
185 qualified and in good standing with the department as of January
186 1, 2019, must first be certified by the department as qualified
187 and desires to bid on contracts in excess of $50 million must
188 have satisfactorily completed two projects, each in excess of
189 $15 million, for the department or for any other state
190 department of transportation. The department may limit the
191 dollar amount of any contract upon which a contractor is
192 qualified to bid or the aggregate total dollar volume of
193 contracts such contractor is allowed to have under contract at
194 any one time. Each applying contractor seeking qualification to
195 bid on construction contracts in excess of $250,000 shall
196 furnish the department a statement under oath, on such forms as
197 the department may prescribe, setting forth detailed information
198 as required on the application. Each application for
199 certification must be accompanied by audited, certified
200 financial statements prepared in accordance with generally
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201 accepted accounting principles and auditing standards by a
202 certified public accountant licensed in this state or another
203 state. The audited, certified financial statements must be for
204 the applying contractor and must have been prepared the latest
205 annual finan c ia l statement of the applying contractor completed
206 within the immediatel y precedi n g ±a-s-t- 12 months. The department
207 may not consider any financial information of the parent entity
208 of the appl y ing contractor, if any. The department may not
209 certify as qualified any applying contractor that fails to
2 10 submit the audited, certified financial statements required by
2 11 this subsection. If the application or the annual financial
212 statement shows the financial condition of the applying
213 contractor more than 4 months before prior to the date on which
214 the application is received by the department, the applicant
215 must also submit a-ft interim audited, certified financial
216 statements prepared in accordance with generally accepted
217 accounting principles and auditing standards by a certified
2 18 public accountant licensed in this state or another state
21 9 statement and an updated app li cation must be submitted. The
220 interim financial statements statement must cover the period
221 from the end date of the annual statement and must show the
22 2 financial condition of the applying contractor no more than 4
223 months befo r e prior to the date that the interim financial
224 statements are statement io received by the department. However,
225 upon the request of the.applying contractor, an application and
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226 accompanying annual or interim financial statement received by
227 the department within 15 days after either 4-month period under
228 this subsection shall be considered timely. Each required annual
229 o r i n t erim f i n a n c i al statement must be audited and accompanied
230 by t he opin io n of a cert if i ed public accountant. An applying
231 contractor desiring to bid exclusively for the performance of
232 construction contracts with proposed budget estimates of less
233 than $1 million may submit reviewed annual or reviewed interim
234 financial statements prepared by a certified public accountant.
235 The information required by this subsection is confidential and
236 exempt from s. 119.07(1). The department shall act upon the
237 application for qualification within 30 days after the
238 department determines that the application is complete. The
239 department may waive the requirements of this subsection for
240 projects having a contract price of $500,000 or less if the
241 department determines that the project is of a noncritical
242 nature and the waiver will not endanger public health, safety,
243 or property.
244 (4) If the applicant is found to possess the prescribed
245 qualifications, the department shall issue to him or her a
246 certificate of qualification that, unless thereafter revoked by
247 the department for good cause, will be valid for a period of 18
248 months after the date of the applicant's financial statement or
249 such shorter period as the department prescribes. Submission of
250 an application and subsequent approval do shall not affect
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251 expiration of the certificate of qualification, the ability
252 factor of the project, or the maximum capacity rating of the
253 project. If the department finds that an application is
254 incomplete or contains inadequate information or information
255 that cannot be verified, the department may request in writing
256 that the applicant provide the necessary information to complete
257 the application or provide the source from which any information
258 in the application may be verified. If the applicant fails to
259 comply with the initial written request within a reasonable
260 period of time as specified therein, the department shall
261 request the information a second time. If the applicant fails to
262 comply with the second request within a reasonable period of
263 time as specified therein, the application shall be denied.
264 (7) A "contractor" as defined in s. 337 .165 (1) (d) or his
265 or her "affiliate" as defined in s. 337 .165 (1) (a) qualified with
266 the department under this section may not also qualify under s.
267 287.055 ors. 337.105 to provide testing services, construction,
268 engineering, and inspection services to the department. This
269 limitation does not apply to any design-build prequalification
270 under s. 337.11(7) and does not apply when the department
271 otherwise determines by written order entered at least 30 days
272 before advertisement that the limitation is not in the best
273 interests of the public with respect to a particular contract
274 for testing services, construction, engineering, and inspection
275 services. This subsection does not authorize a contractor to
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276 provide testing services, or provide construction, engineering,
277 and inspection services, to the department in connection with a
278 construction contract under which the contractor is performing
279 any work. Notwithstanding any other provision of law to the
280 contrary, for a project that is wholly or partially funded by
281 the department and administered by a local governmental entity,
282 except for a seaport listed ins. 311.09 or an airport as
283 defined ins. 332.004, the entity performing design and
284 construction engineering and inspection services may not be the
285 same entity.
286 Section 7. Section 337.185, Florida Statutes, is amended
287 to read:
288 (Substantial rewording of section. See
289 s. 337.185, F.S. , for present text.)
290 337.185 State Arbitration Board.-
291 (1) To facilitate the prompt resolution of claims arisin g
292 out of or in connection with a construction or maintenance
293 contract with the department, the Legislature has established
294 the State Arbitration Board, referred to in this section as the
295 "board."
296 (2) As used in this section, the term:
297 (a) "Claim" means the aggregate of all outstanding written
298 requests for additional monetary compensation, time, or other
299 adjustments to the contract, the entitlement or impact of which
300 is disputed by the department.
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301 (b) "Contractor" means a person or firm having a contract
302 for rendering services to the department relating to the
303 construction or maintenance of a transportation facility.
304 (c) "Final acceptance" means that the contractor has
305 completely performed the work provided for under the contract,
306 the department or its agent has determined that the contractor
307 has satisfactorily completed the work provided for under the
308 contract, and the department or its agent has submitted written
309 notice of final acceptance to the contractor.
310 (3) Every claim in an amount of up to $250,000 per
311 contract will be arbitrated by the board. An award issued by the
312 board pursuant to this section is final and enforceable by a
313 court of law.
314 (4) The contractor may submit a claim greater than
315 $250,000 up to $1 million per contract or, upon agreement of the
316 parties, up to $2 million per contract to be arbitrated by the
317 board. An award issued by the board pursuant to this subsection
318 is final if a request for a trial de novo is not filed within
319 the time provided by Rule 1.830, Florida Rules of Civil
320 Procedure. At the trial de novo, the court may not admit
321 evidence that there has been an arbitration proceeding, the
322 nature or amount of the award, or any other matter concerning
323 the conduct of the arbitration proceeding, except that testimony
324 given at an arbitration hearing may be used for any purpose
325 otherwise permitted by the Florida Evidence Code. If a request
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326 for trial de novo is not filed within the time provided, the
327 award issued by the board is final and enforceable by a court of
328 law.
329 (5) An arbitration request may not be made to the board
330 before final acceptance but must be made to the board within 820
3 31 days after final acceptance .
332 (6) The board shall schedule a hearing within 45 days
333 after an arbitration request and, if possible, shall conduct the
334 hearing within 90 days after the request. The board may
335 administer oaths and conduct the proceedings as provided by the
336 rules of the court. The hearing shall be conducted informally.
3 37 Presentation of testimony and evidence shall be kept to a
338 minimum, and matters shall be presented to the arbitrators
339 p rimarily throu g h the statements and arguments of counsel. The
340 board shall address the scope of discovery, presentation of
34 1 testimon y , and evidence at a preliminary hearing by considering
342 the size, subject matter, and complexity · of the dispute. An y
343 part y to the arbitration may petition the board, for good cause
344 shown, to issue subpoenas for the attendance of witnesses and
345 the production of books, records, documents, and other evidence
346 at the arbitration and may petition the board for orders
347 compelling such attendance and production at the arbitration.
348 Subpoenas shall be served and are enforceable in the manner
349 provided by law .
350 (7) The board must issue an award within 45 days after the
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351 conclusion of the arbitration hearing. If all three members of
352 the board do not agree, the award agreed to by the majority
353 shall constitute the award of the board.
354 (8) The board shall be composed of three members. The
355 first member shall be appointed by the Secretary of
356 Transportation, and the second member shall be elected by those
357 construction or maintenance companies that are under contract
358 with the department. The third member shall be chosen by
359 agreement of the first and second members. If the first or
360 second member has a conflict of interest regarding affiliation
361 with one of the parties to an arbitration hearing, the
362 appointing entity shall appoint an alternate member for that
363 hearing. If the third member has such a conflict of interest,
364 the first and second members shall select an alternate member.
365 Each member shall serve a 4- y ear term. The board shall elect a
366 chair for each term, who shall be the administrator of the board
367 and custodian of its records.
368 ( 9) The presence of all board members is required to
369 conduct a meeting in person or via virtual videoconferencing.
370 (10) The members of the board shall receive compensation
371 for the performance of their duties from deposits made by the
372 parties based on an estimate of compensation by the board. All
373 deposits will be held in escrow by the chair in advance of the
374 hearing. Each member eligible for compensation shall be
375 compensated at $200 per hour, up to a maximum of $1,500 per day.
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376 A member shall be reimbursed for the actual cost of his or her
377 travel expenses. The board may allocate funds annually for
378 clerical and other administrative services.
379 (11) To cover the cost of administration and initial
380 compensation of the board, the party requesting arbitration
38 1 shall pay a filing fee to the board, according to a schedule
382 established b y the board, of:
3 83 (a) Up to $500 for a claim that is $25,000 or less.
3 84 (b) Up to $1,000 for a claim that is more than $25,000 but
385 is $50,000 or less.
386 ( c) Up to $1,500 for a claim that is more than $50,000 but
3 87 is $100,000 or less.
388 (d) Up to $2,000 for a claim that is more than $100,000
389 but is $200 , 000 or less.
390 (e) UJ2 to $3,000 for a claim that is more than $200,000
391 but is $300,000 or less.
392 ( f) UJ2 to $4,000 for a claim that is more than $300,000
393 but is $400,000 or less.
394 (g ) Up to $5,000 for a claim that is more than $400,000.
395
396 The board ma y apportion the filing fees and the cost of
397 recording and preparing a transcript of the hearing among the
398 parties in its award.
399 Section 8. Subsections (3) through (19) of section
400 378.403, Florida Statutes, are renumbered as subsections (4)
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401 through (20), respectively, and a new subsection (3) is added to
402 that section to read:
403 378.403 Definitions.-As used in this part, the term:
404 ( 3) "Borrow pit" means an area of land upon which
405 excavation of surface resources has been conducted, is being
406 conducted, or is planned to be conducted, as the term is
407 commonly used in the trade, and is not considered a mine. Such
408 resources are limited to soil, organic soil, sand, or clay that
409 can be removed with construction excavating equipment and loaded
410 on a haul truck with no additional processing.
411 Section 9. Section 378.801, Florida Statutes, is amended
412 to read:
413 378.801 Other resources; notice of intent to extract ffi-i.fte
414 required.-
415 (1) An Ne operator may not begin the operation of a borrow
416 pit, or the process of extracting clay, peat, gravel, sand, or
417 any other solid substance of commercial value found in natural
418 deposits or in the earth, except fuller's earth clay, heavy
419 minerals, limestone, or phosphate, which are regulated elsewhere
420 in this chapter, at a new location m-i-fte without notifying the
421 secretary of the intention to extract m4-fte.
422 (2) The operator's notice of intent to extract ffi-i.fte shall
423 consist of the operator's estimated life of the extraction
424 location m-i-fte and the operator's signed acknowledgment of the
425 performance standards provided bys. 378.803 .
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426 Section 10. Section 378.802, Florida Statutes, is amended
427 to read:
428 378.802 Existing extraction locations mines.-After January
429 1, 1989, all operators of existing locations mines for the
430 extraction of resources as described ins. 378.801 shall meet
431 the performance standards provided bys. 378.803 for any new
432 surface area disturbed at such locations mines.
433 Section 11. This act shall take effect July 1, 2021.
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TOURISM, INFRASTRUCTURE & SUBCOMMITTEE
HB 57 by Rep. Andrade
TRANSPORTATION
AMENDMENT SUMMARY
FEBRUARY 17, 2021
Amendment 1 (Strike-All Amendment) by Rep. Andrade (# 212831)
• Removes provisions for a $50 sales tax reduction on the purchase of motor
vehicles.
• Authorizes use of blue lights on construction vehicles including paving machines
and compaction rollers.
• Revises provisions regarding innovative transportation projects to indicate that
the $120 million cap for these projects does not apply to low-bid design-build
milling and resurfacing contracts.
• Revises provisions regarding a contractor’s submission of interim financial
statements to the Department of Transportation (DOT) to authorize DOT to
request, but not automatically require, their submission.
• Clarifies that the ability factor and the maximum capacity rating apply to the
applicant instead of the project.
• Revises provisions regarding the State Arbitration Board (board):
o Provides references to the Florida Rules of Civil Procedure and the Florida
Evidence Code.
o Provides that arbitration awards are enforceable in a court of competent
jurisdiction.
o Clarifies that board meetings may be conducted in person or via
communications media technology.
o Reinstates a provision that a DOT employee that serves on the board may
not be compensated by the board.
o Ties the reimbursement of board members’ travel expenses to the state’s
generally applicable travel reimbursement law.
1
Amendment 1a to Amendment 1 by Rep. Slosberg (# 495985)
• Applies the prohibition against texting or using a wireless communications device
while driving in a school zone or construction zone to a motor vehicle that is
stopped and waiting for an emergency vehicle to pass.
• Creates the First Responder Protection Act, prohibiting the use of a wireless
communications device in the immediate vicinity of first responders in the line of
duty.
o Provides legislative intent regarding safety.
o Authorizes law enforcement to stop vehicles and issue citations to persons
who are driving in the immediate vicinity of first responders while using a
wireless communications device.
o Prohibits a person from operating a motor vehicle while using a wireless
communications device in a handheld manner in the immediate vicinity of
a first responder in the line of duty.
o Provides exceptions.
o Requires a law enforcement officer to notify the motor vehicle operator of
his or her right to decline a search of the wireless communications device.
o Provides that a violation is a moving violation and provides for points on
the violator’s driver’s license.
o Provides for the distribution of fine proceeds to the Emergency Medical
Services Trust Fund within the Department of Health.
o Requires the traffic citation to contain certain information, and requires the
Department of Highway Safety and Motor Vehicles to issue a report
summarizing the information.
Amendment 1b to Amendment 1 by Rep. Brown (# 203019)
• Requires the Central Florida Expressway Authority to consult with, instead of
obtain consent from, the Secretary of the Department of Transportation prior to
constructing any extensions, additions, or improvements to the expressway
system in Lake County.
2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Andrade offered the following:
4
5 .Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 287.05705, Florida Statutes, is created
8 to read:
9 287.05705 Procurements of road, bridge, and other
10 specified public construction services.-
11 (1) With respect to competitive solicitations for the
12 procurement of contractual services that are limited to the
13 classes of work for which the Department of Transportation
14 issues certificates of qualification pursuant to s. 337.14,
15 which services do not involve the construction, remodeling,
16 repair, or improvement of any building, a governmental entity
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
17 procuring such services may not prohibit a response from a
18 vendor possessing a valid certificate of qualification under s.
19 337.14 or license under chapter 489 corresponding to the
20 contractual services being procured.
21 (2) This section applies to all competitive solicitations
22 issued by a governmental entity on or after October 1, 2021.
23 Section 2. Paragraph (b) of subsection (56) of section
24 316.003, Florida Statutes, is amended to read:
25 316.003 Definitions.-The following words and phrases, when
26 used in this chapter, shall have the meanings respectively
27 ascribed to them in this section, except where the context
28 otherwise requires:
29 (56) PERSONAL DELIVERY DEVICE.-An electrically powered
30 device that:
31 (b) Weighs less than 550 -&e- pounds, excluding cargo;
32
33 A personal delivery device is not considered a vehicle unless
34 expressly defined by law as a vehicle. A mobile carrier is not
35 considered a personal delivery device.
36 Section 3. Subsection (10) of section 316.2397, Florida
37 Statutes, is renumbered as subsection (12), subsections (2) and
38 (7) are amended, and new subsections (10) and (11) are added to
39 that section, to read:
40 316.2397 Certain lights prohibited; exceptions.-
41 (2) It is expressly prohibited for any vehicle or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
42 equipment, except police vehicles and road construction
43 equipment specified in subsections (10) and (11), to show or
44 display blue lights. However, vehicles owned, operated, or
45 leased by the Department of Corrections or any county
46 correctional agency may show or display blue lights when
47 responding to emergencies.
48 (7) Flashing lights are prohibited on vehicles except:
49 (a) As a means of indicating a right or left turn, to
50 change lanes, or to indicate that the vehicle is lawfully
51 stopped or disabled upon the highway;
52 (b) When a motorist intermittently flashes his or her
53 vehicle's headlamps at an oncoming vehicle notwithstanding the
54 motorist's intent for doing so;
55 (c) During periods of extreme low visibility on roadways
56 with a posted speed limit of 55 mph or higher; and
57 J__gl-te+ For the lamps authorized under subsections (1),
58 (2), (3), (4), and (9), s. 316.2065, or s. 316.235 (6) which may
59 flash.
60 (10) Paving machines or compaction rollers within a work
61 zone area on roadways with a posted speed limit of 55 mph or
62 higher may show or display flashing blue lights while performing
63 paving operations or where a hazard exists.
64 (11) Under the direction of a law enforcement officer,
65 portable radar speed display units in advance of a work zone
66 area on roadways with a posted speed limit of 55 mph or higher
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
67 may show or display flashing red and blue lights when workers
68 are present.
69 Section 4. Section 337.025, Florida Statutes, is amended
70 to read:
71 337.025 Innovative transportation projects; department to
72 establish program.-
73 (1) The department may establish a program for
74 transportation projects demonstrating innovative techniques of
75 highway and bridge design, construction, maintenance, and
76 finance which have the intended effect of measuring resiliency
77 and structural integrity and controlling time and cost increases
78 on construction projects. Such techniques may include, but are
79 not limited to, state-of-the-art technology for pavement,
80 safety, and other aspects of highway and bridge design,
81 construction, and maintenance; innovative bidding and financing
82 techniques; accelerated construction procedures; and those
83 techniques that have the potential to reduce project life cycle
84 costs. To the maximum extent practical, the department must use
85 the existing process to award and administer construction and
86 maintenance contracts. When specific innovative techniques are
87 to be used, the department is not required to adhere to those
88 provisions of law that would prevent, preclude, or in any way
89 prohibit the department from using the innovative technique.
90 However, before using an innovative technique that is
91 inconsistent with another provision of law, the department must
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Bill No. HB 57 (2021)
Amendment No. 1
92 document in writing the need for the exception and identify what
93 benefits the traveling public and the affected community are
94 anticipated to receive. The department may enter into no more
95 than $120 million in contracts annually for the purposes
96 authorized by this section.
97 (2) The annual cap on contracts provided in subsection (1)
98 does shall not apply to:
99 (a) Turnpike enterprise projects , and turnpike enterprise
100 projects shall not be counted to~.ard the department ' s annual
101 eap.
102 (b) Low-bid design-build milling and resurfacing contracts
103 Transportation projects funded by the American Recovery and
104 Reinvestment Act of 2009.
105 Section 5. Subsections ( 1) , ( 4) , and ( 7) of section
106 337.14, Florida Statutes, are amended to read:
107 337.14 Application for qualification; certificate of
108 qualification; restrictions; request for hearing.-
109 (1) Any contractor desiring to bid for the performance of
110 any construction contract in excess of $250,000 which the
111 department proposes to let must first be certified by the
112 department as qualified pursuant to this section and rules of
113 the department. The rules of the department must address the
114 qualification of contractors to bid on construction contracts in
115 excess of $250,000 and must include requirements with respect to
116 the equipment, past record, experience, financial resources, and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
117 organizational personnel of the applying contractor which are
118 necessary to perform the specific class of work for which the
119 contractor seeks certification. Any contractor who desires to
120 bid on contracts in excess of $50 million and who is not
121 qualified and in good standing with the department as of January
122 1, 2019, must first be certified by the department as qualified
123 and desires to bid on contracts in excess of $50 fflillion must
124 have satisfactorily completed two projects, each in excess of
125 $15 million, for the department or for any other state
126 department of transportation. The department may limit the
127 dollar amount of any contract upon which a contractor is
128 qualified to bid or the aggregate total dollar volume of
129 contracts such contractor is allowed to have under contract at
130 any one time. Each applying contractor seeking qualification to
131 bid on construction contracts in excess of $250,000 shall
132 furnish the department a statement under oath, on such forms as
133 the department may prescribe, setting forth detailed information
134 as required on the application. Each application for
135 certification must be accompanied by audited, certified
136 financial statements prepared in accordance with generally
137 accepted accounting principles and auditing standards by a
138 certified public accountant licensed in this state or another
139 state. The audited, certified financial statements must be for
140 the applying contractor and must have been prepared the latest
141 annual financial statefflcnt of the applying contractor cofflpleted
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Bill No. HB 57 (2021)
Amendment No. 1
142 within the immediately preceding ±-a-94:- 12 months. The department
143 may not consider any financial information of the parent entity
144 of the applying contractor, if any. The department may not
145 certify as qualified any applying contractor that fails to
146 submit the audited, certified financial statements required by
147 this subsection. If the application or the annual financial
148 statement shows the financial condition of the applying
149 contractor more than 4 months before prior to the date on which
150 the application is received by the department, a reviewed
151 interim financial statement or an interim audited, certified
152 financial statement prepared in accordance with generally
153 accepted accounting principles and auditing standards by a
154 certified public accountant licensed in this state or another
155 state may be requested by the department statement and an
156 updated application must be submitted. The interim financial
157 statements, if requested, statement must cover the period from
158 the end date of the annual statement and must show the financial
159 condition of the applying contractor no more than 4 months
160 before prior to the date that the interim financial statements
161 are statement is received by the department. However, upon the
162 request of the applying contractor, an application and
163 accompanying annual or interim financial statement received by
164 the department within 15 days after either 4-month period under
165 this subsection shall be considered timely. Bach required annual
166 or interim financial statement must be audited and accompanied
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
167 by the opinion of a certified public accountant . An applying
168 contractor desiring to bid exclusively for the performance of
169 construction contracts with proposed budget estimates of less
170 than $1 million may submit reviewed annual or reviewed interim
171 financial statements prepared by a certified public accountant.
172 The information required by this subsection is confidential and
173 exempt from s. 119.07(1). The department shall act upon the
174 application for qualification within 30 days after the
175 department determines that the application is complete. The
176 department may waive the requirements of this subsection for
177 projects having a contract price of $500,000 or less if the
178 department determines that the project is of a noncritical
179 nature and the waiver will not endanger public health, safety,
180 or property.
181 (4) If the applicant is found to possess the prescribed
182 qualifications, the department shall issue to him or her a
183 certificate of qualification that, unless thereafter revoked by
184 the department for good cause, will be valid for a period of 18
185 months after the date of the applicant's financial statement or
186 such shorter period as the department prescribes. Submission of
187 an application and subsequent approval do shall not affect
188 expiration of the certificate of qualification , the ability
189 factor of the applicant, or the maximum capacity rating of the
190 applicant. If the department finds that an application is
191 incomplete or contains inadequate information or information
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Bill No. HB 57 (2021)
Amendment No. 1
192 that cannot be verified, the department may request in writing
193 that the applicant provide the necessary information to complete
194 the application or provide the source from which any information
195 in the application may be verified. If the applicant fails to
196 comply with the initial written request within a reasonable
197 period of time as specified therein, the department shall
198 request the information a second time. If the applicant fails to
199 comply with the second request within a reasonable period of
200 time as specified therein, the application shall be denied.
201 (7) A "contractor" as defined ins. 337.165(1) (d) or his
202 or her "affiliate" as defined in s. 337. 165 ( 1) (a) qualified with
203 the department under this section may not also qualify under s.
204 287.055 ors. 337.105 to provide testing services, construction,
205 engineering, and inspection services to the department. This
206 limitation does not apply to any design-build prequalification
207 under s. 337.11(7) and does not apply when the department
208 otherwise determines by written order entered at least 30 days
209 before advertisement that the limitation is not in the best
210 interests of the public with respect to a particular contract
211 for testing services, construction, engineering, and inspection
212 services. This subsection does not authorize a contractor to
213 provide testing services, or provide construction, engineering,
214 and inspection services, to the department in connection with a
215 construction contract under which the contractor is performing
216 any work. Notwithstanding any other provision of law to the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
217 contrary, for a project that is wholly or partially funded by
218 the department and administered by a local governmental entity,
219 except for a seaport listed ins. 311.09 or an airport as
220 defined ins. 332.004, the entity performing design and
221 construction engineering and inspection services may not be the
222 same entity.
223 Section 6. Section 337.185, Florida Statutes, is amended
224 to read:
225 (Substantial rewording of section. See
226 s. 337.185, F.S., for present text.)
227 337.185 State Arbitration Board.-
228 (1) To facilitate the prompt resolution of claims arising
229 out of or in connection with a construction or maintenance
230 contract with the department, the Legislature has established
231 the State Arbitration Board, referred to in this section as the
232 "board."
233 (2) As used in this section, the term:
234 (a) "Claim" means the aggregate of all outstanding written
235 requests for additional monetary compensation, time, or other
236 adjustments to the contract, the entitlement or impact of which
237 is disputed with the department and could not be resolved by
238 negotiations between the department and the contractor.
239 (b) "Contractor" means a person or firm having a contract
240 for rendering services to the department relating to the
241 construction or maintenance of a transportation facility.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
242 (c) "Final acceptance" means that the contractor has
243 completely performed the work provided for under the contract,
244 the department or its agent has determined that the contractor
245 has satisfactorily completed the work provided for under the
246 contract, and the department or its agent has submitted written
247 notice of final acceptance to the contractor.
248 ( 3) Every claim in an amount of up to $250,000 per
249 contract that could not be resolved by negotiations between the
250 department and the contractor shall be arbitrated by the board.
251 An award issued by the board pursuant to this subsection is
252 final and enforceable by a court of competent jurisdiction.
253 (4) The contractor may submit a claim greater than
254 $250JOOO up to $1 million per contract or, upon agreement of the
255 parties, up to $2 million per contract to be arbitrated by the
256 board. An award issued by the board pursuant to this subsection
257 is final if a request for a trial de novo is not filed within
258 the time provided by Rule 1.830, Florida Rules of Civil
259 Procedure. At the trial de novo, the court may not admit
260 evidence that there has been an arbitration proceeding, the
261 nature or amount of the award, or any other matter concerning
262 the conduct of the arbitration proceeding, except that testimony
263 given at an arbitration hearing may be used for any purpose
264 otherwise permitted by the Florida Evidence Code. If a request
265 for trial de novo is not filed within the time provided, the
266 award issued by the board is final and enforceable by a court of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
267 competent jurisdiction.
2 68 (5) An arbitration request may not be made to the board
269 before final acceptance but must be made to the board within 820
270 days aft e r final acceptance.
271 (6) The board shall schedule a hearing within 45 days
272 after an arbitration request and, if possible, shall conduct the
273 hearing within 90 days after the request. The board may
274 administer oaths and conduct the proceedings as provided by the
275 Florida Rules of Civil Procedure and the Florida Evidence Code.
276 The hearing may be conducted informally. Presentation of
277 testimony and evidence shall be kept to a minimum, and matters
278 shall be presented to the board primarily through the statements
279 and arguments of counsel. The board shall address the scope of
280 discovery, presentation of testimony, and evidence at a
281 preliminary hearing by considering the size, subject matter, and
282 complexity of the dispute. Any party to the arbitration may
283 petition the board, for good cause shown, to issue subpoenas for
284 the attendance of witnesses and the production of books,
285 records, documents, and other evidence at the arbitration and
286 ma y petition the board for orders compelling such attendance and
287 production at the arbitration. Subpoenas shall be served and are
288 enforceable in the manner provided in the Florida Rules of Civil
289 Procedure.
290 (7) The board must issue an award within 45 days after the
291 conclusion of the arbitration hearing. If all three members of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
292 the board do not agree, the award agreed to by the majority of
293 the board shall constitute the award of the board.
294 (8) The board shall be composed of three members. The
295 first member shall be appointed by the Secretary of
296 Transportation, and the second member shall be elected by those
297 construction or maintenance companies that are under contract
298 with the department. The third member shall be chosen by
299 agreement of the first and second members. If the first or
300 second member has a conflict of interest regarding affiliation
301 with one of the parties to an arbitration hearing , the
302 appointing entity shall appoint an alternate member for that
303 hearing . If the third member has such a conflict of interest,
304 the first and second members shall select an alternate member.
305 Each member shall serve a 4-year term. The board shall elect a
306 chair for each term, who shall be the administrator of the board
307 and custodian of its records.
308 (9) The presence of all board members is required to
309 conduct a meeting either in person or by means of communications
310 media technology used in accordance with rules adopted by the
311 Administration Commission under s. 120.54(5).
312 (10) The members of the board may receive compensation for
313 the performance of their duties from deposits made by the
314 parties based on an estimate of compensation by the board,
315 except that no employee of the department may receive
316 compensation from the board. All deposits shall be held in
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
317 escrow in advance of the hearing. Each member eligible for
318 compensation shall be compensated at a rate of $200 per hour, up
319 to a maximum of $1,500 per day. Members of the board are
320 entitled to receive per diem and travel expenses pursuant to s.
321 112.061. The board may allocate funds annually for clerical and
322 other administrative services.
323 (11) To cover the cost of administration and initial
324 compensation of the board, the party requesting arbitration
325 shall pay a filing fee to the board, according to a schedule
326 established by the board, of:
327 (a) Up to $500 for a claim that is $25,000 or less.
328 (b) Up to $1,000 for a claim that is more than $25,000 but
329 is $50,000 or less.
330 (c) Up to $1,500 for a claim that is more than $50,000 but
331 is $100,000 or less.
332 (d) Up to $2,000 for a claim that is more than $100,000
333 but is $200,000 or less.
334 (e) Up to $3,000 for a claim that is more than $200,000
335 but is $300,000 or less.
336 (f) Up to $4,000 for a claim that is more than $300,000
337 but is $400,000 or less.
338 (g) Up to $5,000 for a claim that is more than $400,000.
339
340 The board may apportion the filing fees and the cost of
341 recording and preparing a transcript of the hearing among the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
342 parties in its award.
343 Section 7. Subsections (3) through (19) of section
344 378.403, Florida Statutes, are renumbered as subsections (4)
345 through (20), respectively, and a new subsection (3) is added to
346 that section to read:
347 378.403 Definitions.-As used in this part, the term:
348 (3) "Borrow pit" means an area of land upon which
349 excavation of surface resources has been conducted, is being
350 conducted, or is planned to be conducted, as the term is
351 commonly used in the trade, and is not considered a mine. Such
352 resources are limited to soil, organic soil, sand, or clay that
353 can be removed with construction excavating equipment and loaded
354 on a haul truck with no additional processing.
355 Section 8. Section 378.801, Florida Statutes, is amended
356 to read:
357 378.801 Other resources; notice of intent to extract m-i-fle
358 required.-
359 (1) An Ne operator may not begin the operation of a borrow
360 pit, or the process of extracting clay, peat, gravel, sand, or
361 any other solid substance of commercial value found in natural
362 deposits or in the earth, except fuller's earth clay, heavy
363 minerals, limestone, or phosphate, which are regulated elsewhere
364 in this chapter, at a new location ffl4-R.e without notifying the
365 secretary of the intention to extract ffl4-R.e.
366 (2) The operator's notice of intent to extract ffl4-R.e shall
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
367 consist of the operator's estimated life of the extraction
368 location m-±-fte and the operator's signed acknowledgment of the
369 performance standards provided bys. 378.803.
370 Section 9. Section 378.802, Florida Statutes, is amended
371 to read:
372 378.802 Existing extraction loca t ions mines.-After January
373 1, 1989, all operators of existing locations mines for the
374 extraction of resources as described ins. 378.801 shall meet
375 the performance standards provided bys. 378.803 for any new
376 surface area disturbed at such locations mines.
377 Section 10. This act shall take effect July 1, 2021.
378
379
380 T I T L E A ME N D ME N T
381 Remove everything before the enacting clause and insert:
382 An act relating to transportation; creating s. 287.05705, F.S.;
383 providing that governmental entities may not prohibit certain
384 vendors from responding to competitive solicitations of certain
385 contractual services; providing applicability; amending s.
386 316.003, F.S.; revising the definition of the term "personal
387 delivery device"; amending s. 316.2397, F.S.; revising
388 provisions authorizing certain equipment to show or display
389 flashing lights; amending s. 337.025, F.S.; revising the
390 application of the cap on innovative transportation projects;
391 amending s. 337.14, F.S.; requiring contractors wishing to bid
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1
392 on certain contracts to first be certified by the Department of
393 Transportation as qualified; revising requirements for applying
394 for and issuing a certificate of qualification; revising
395 provisions regarding interim financial statements; providing
396 construction with respect to submission and approval of an
397 application for such certificate; exempting airports from
398 certain restrictions regarding entities performing construction,
399 engineering, and inspection services; amending s. 337.185, F.S.;
400 revising and providing definitions; revising requirements for
401 arbitration of certain contracts by the State Arbitration Board;
402 revising requirements regarding arbitration requests, hearings,
403 procedures, and awards; revising membership and meeting
404 requirements; revising compensation of board members; amending
405 s. 378.403, F.S.; defining the term "borrow pit"; amending s.
406 378.801, F.S.; prohibiting operation of a borrow pit at a new
407 location without notifying the Secretary of Environmental
408 Protection of the intent to extract; conforming provisions;
409 amending s. 378.802, F.S.; revising application of provisions to
410 exclude existing mines; providing an effective date.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Slosberg offered the following:
4
5 Amendment to Amendment (212831) by Representative Andrade
6 (with title amendment)
7 Between lines 68 and 69 of the amendment, insert:
8 Section 4. Paragraph (a) of subsection (3) of section
9 316.305, Florida Statutes, is amended, and subsection (4) of
10 that section is republished, to read:
11 316.305 Wireless communications devices; prohibition.—
12 (3)(a) A person may not operate a motor vehicle while
13 manually typing or entering multiple letters, numbers, symbols,
14 or other characters into a wireless communications device or
15 while sending or reading data on such a device for the purpose
16 of nonvoice interpersonal communication, including, but not
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
17 limited to, communication methods known as texting, e-mailing,
18 and instant messaging. As used in this section, the term
19 "wireless communications device" means any handheld device used
20 or capable of being used in a handheld manner, that is designed
21 or intended to receive or transmit text or character-based
22 messages, access or store data, or connect to the Internet or
23 any communications service as defined in s. 812.15 and that
24 allows text communications. For the purposes of this paragraph,
25 a motor vehicle that is stationary is not being operated and is
26 not subject to the prohibition in this paragraph, except when a
27 motor vehicle is stopped and remains in position until an
28 authorized emergency vehicle has passed as required by s.
29 316.126(1)(a).
30 (4)(a) Any person who violates paragraph (3)(a) commits a
31 noncriminal traffic infraction, punishable as a nonmoving
32 violation as provided in chapter 318.
33 (b) Any person who commits a second or subsequent
34 violation of paragraph (3)(a) within 5 years after the date of a
35 prior conviction for a violation of paragraph (3)(a) commits a
36 noncriminal traffic infraction, punishable as a moving violation
37 as provided in chapter 318.
38 Section 5. Paragraph (a) of subsection (3) of section
39 316.306, Florida Statutes, is amended, and subsection (4) of
40 that section is republished, to read:
41 316.306 School and work zones; prohibition on the use of a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
42 wireless communications device in a handheld manner.—
43 (3)(a)1. A person may not operate a motor vehicle while
44 using a wireless communications device in a handheld manner in a
45 designated school crossing, school zone, or work zone area as
46 defined in s. 316.003(105). This subparagraph shall only be
47 applicable to work zone areas if construction personnel are
48 present or are operating equipment on the road or immediately
49 adjacent to the work zone area. For the purposes of this
50 paragraph, a motor vehicle that is stationary is not being
51 operated and is not subject to the prohibition in this
52 paragraph, except when a motor vehicle is stopped and remains in
53 position until an authorized emergency vehicle has passed as
54 required by s. 316.126(1)(a).
55 2.a. During the period from October 1, 2019, through
56 December 31, 2019, a law enforcement officer may stop motor
57 vehicles to issue verbal or written warnings to persons who are
58 in violation of subparagraph 1. for the purposes of informing
59 and educating such persons of this section. This sub-
60 subparagraph shall stand repealed on October 1, 2020.
61 b. Effective January 1, 2020, a law enforcement officer
62 may stop motor vehicles and issue citations to persons who are
63 driving while using a wireless communications device in a
64 handheld manner in violation of subparagraph 1.
65 (4)(a) Any person who violates this section commits a
66 noncriminal traffic infraction, punishable as a moving
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
67 violation, as provided in chapter 318, and shall have 3 points
68 assessed against his or her driver license as set forth in s.
69 322.27(3)(d)7. For a first offense under this section, in lieu
70 of the penalty specified in s. 318.18 and the assessment of
71 points, a person who violates this section may elect to
72 participate in a wireless communications device driving safety
73 program approved by the Department of Highway Safety and Motor
74 Vehicles. Upon completion of such program, the penalty specified
75 in s. 318.18 and associated costs may be waived by the clerk of
76 the court and the assessment of points must be waived.
77 (b) The clerk of the court may dismiss a case and assess
78 court costs in accordance with s. 318.18(11)(a) for a nonmoving
79 traffic infraction for a person who is cited for a first time
80 violation of this section if the person shows the clerk proof of
81 purchase of equipment that enables his or her personal wireless
82 communications device to be used in a hands-free manner.
83 Section 6. Section 316.307, Florida Statutes, is created
84 to read:
85 316.307 Immediate vicinity of first responders;
86 prohibition on the use of a wireless communications device in a
87 handheld manner.—
88 (1) This section shall be known as the “First Responder
89 Protection Act.”
90 (2) For purposes of this section, the term:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
91 (a) "First responder" means a law enforcement officer or
92 correctional officer as defined in s. 943.10, a firefighter as
93 defined in s. 633.102, or an emergency medical technician or
94 paramedic as defined in s. 401.23 who is a full-time paid
95 employee, part-time paid employee, or unpaid volunteer.
96 (b) "In the line of duty" means:
97 1. Engaging in law enforcement activities;
98 2. Performing an activity relating to fire suppression and
99 prevention;
100 3. Responding to a hazardous material emergency;
101 4. Performing rescue activity;
102 5. Providing emergency medical services;
103 6. Performing disaster relief activity; or
104 7. Otherwise engaging in emergency response activity.
105 (c) "Wireless communications device" has the same meaning
106 as provided in s. 316.305(3)(a). The term includes, but is not
107 limited to, a cell phone, a tablet, a laptop, a two-way
108 messaging device, or an electronic game that is used or capable
109 of being used in a handheld manner. The term does not include a
110 safety, security, or convenience feature built into a motor
111 vehicle which does not require the use of a handheld device.
112 (3) It is the intent of the Legislature to:
113 (a) Improve roadway safety for all first responders,
114 vehicle operators, vehicle passengers, bicyclists, pedestrians,
115 and other road users.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
116 (b) Prevent crashes related to the act of driving while
117 using a wireless communications device in a handheld manner when
118 operating a motor vehicle while the vehicle is in motion.
119 (c) Reduce injuries, deaths, property damage, health care
120 costs, health insurance rates, and automobile insurance rates
121 related to motor vehicle crashes.
122 (d) Authorize law enforcement officers to stop motor
123 vehicles and issue citations to persons who are driving in the
124 immediate vicinity of first responders who are in the line of
125 duty while using a wireless communications device in a handheld
126 manner as provided in subsection (3).
127 (4)(a)1. A person may not operate a motor vehicle while
128 using a wireless communications device in a handheld manner in
129 the immediate vicinity of first responders who are in the line
130 of duty. This subparagraph shall only be applicable to areas
131 where first responders are present or are carrying out their
132 duties on the road or immediately adjacent to such areas. For
133 the purposes of this paragraph, a motor vehicle that is
134 stationary is not being operated and is not subject to the
135 prohibition in this paragraph, except when a motor vehicle is
136 stopped and remains in position until an authorized emergency
137 vehicle has passed as required by s. 316.126(1)(a).
138 2.a. During the period from July 1, 2021, through
139 September 30, 2021, a law enforcement officer may stop motor
140 vehicles to issue verbal or written warnings to persons who are
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
141 in violation of subparagraph 1. for the purposes of informing
142 and educating such persons of this section. This sub-
143 subparagraph shall stand repealed on July 1, 2022.
144 b. Effective October 1, 2021, a law enforcement officer
145 may stop motor vehicles and issue citations to persons who are
146 driving while using a wireless communications device in a
147 handheld manner in violation of subparagraph 1.
148 (b) Paragraph (a) does not apply to a motor vehicle
149 operator who is:
150 1. Performing official duties as an operator of an
151 authorized emergency vehicle as defined in s. 322.01, a law
152 enforcement or fire service professional, or an emergency
153 medical services professional.
154 2. Reporting criminal or suspicious activity to law
155 enforcement authorities.
156 3. Receiving messages that are:
157 a. Related to the operation or navigation of the motor
158 vehicle;
159 b. Safety-related information, including emergency,
160 traffic, or weather alerts;
161 c. Data used primarily by the motor vehicle; or
162 d. Radio broadcasts.
163 4. Using a device or system in a hands-free manner for
164 navigation purposes.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
165 5. Using a wireless communications device hands-free or
166 hands-free in voice-operated mode, including, but not limited
167 to, a factory-installed or after-market Bluetooth device.
168 6. Operating an autonomous vehicle, as defined in s.
169 316.003, in autonomous mode.
170 (c) A law enforcement officer who stops a motor vehicle
171 for a violation of paragraph (a) must inform the motor vehicle
172 operator of his or her right to decline a search of his or her
173 wireless communications device and may not:
174 1. Access the wireless communications device without a
175 warrant.
176 2. Confiscate the wireless communications device while
177 awaiting issuance of a warrant to access such device.
178 3. Obtain consent from the motor vehicle operator to
179 search his or her wireless communications device through
180 coercion or other improper method. Consent to search a motor
181 vehicle operator's wireless communications device must be
182 voluntary and unequivocal.
183 (d) Only in the event of a crash resulting in death or
184 serious bodily injury, as defined in s. 316.027, may a user's
185 billing records for a wireless communications device, or the
186 testimony of or written statements from appropriate authorities
187 receiving such messages, be admissible as evidence in any
188 proceeding to determine whether a violation of subparagraph
189 (a)1. has been committed.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
190 (e) Law enforcement officers must indicate the type of
191 wireless communications device in the comment section of the
192 uniform traffic citation.
193 (5)(a) A person who violates this section commits a
194 noncriminal traffic infraction, punishable as a moving
195 violation, as provided in chapter 318, and shall have 3 points
196 assessed against his or her driver license as set forth in s.
197 322.27(3)(d)7. For a first offense under this section, in lieu
198 of the penalty specified in s. 318.18 and the assessment of
199 points, a person who violates this section may elect to
200 participate in a wireless communications device driving safety
201 program approved by the Department of Highway Safety and Motor
202 Vehicles. Upon completion of such program, the penalty specified
203 in s. 318.18 and associated costs may be waived by the clerk of
204 the court and the assessment of points must be waived.
205 (b) The clerk of the court may dismiss a case and assess
206 court costs in accordance with s. 318.18(11)(a) for a nonmoving
207 traffic infraction for a person who is cited for a first-time
208 violation of this section if the person shows the clerk proof of
209 purchase of equipment that enables his or her personal wireless
210 communications device to be used in a hands-free manner.
211 (6) Notwithstanding s. 318.21, all proceeds collected
212 pursuant to s. 318.18 for violations of this section must be
213 remitted to the Department of Revenue for deposit into the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
214 Emergency Medical Services Trust Fund of the Department of
215 Health.
216 (7) When a law enforcement officer issues a citation for a
217 violation of this section, the law enforcement officer must
218 record the race and ethnicity of the violator. All law
219 enforcement agencies must maintain such information and must
220 report such information to the department in a form and manner
221 determined by the department. Beginning March 1, 2022, the
222 department shall annually report the data collected under this
223 subsection to the Governor, the President of the Senate, and the
224 Speaker of the House of Representatives. The data collected must
225 be reported at least by statewide totals for local law
226 enforcement agencies, state law enforcement agencies, and state
227 university law enforcement agencies. The statewide total for
228 local law enforcement agencies must combine the data for the
229 county sheriffs and the municipal law enforcement agencies.
230
231 -----------------------------------------------------
232 T I T L E A M E N D M E N T
233 Remove line 389 of the amendment and insert:
234 flashing lights; amending ss. 316.305 and 316.606,
235 F.S.; applying the prohibition against texting while
236 driving and the prohibition against using a wireless
237 communications device in a handheld manner in a
238 designated school crossing, school zone, or work zone
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
239 area to a motor vehicle that is stopped and remains in
240 position until an authorized emergency vehicle has
241 passed; providing penalties; creating s. 316.307,
242 F.S.; providing a short title; providing definitions;
243 providing legislative intent; prohibiting a person
244 from operating a motor vehicle while using a wireless
245 communications device in a handheld manner in the
246 immediate vicinity of certain first responders;
247 providing applicability; providing construction;
248 authorizing a law enforcement officer during a
249 specified period to stop motor vehicles to issue
250 warnings; authorizing a law enforcement officer, on
251 and after a specified date, to stop motor vehicles and
252 issue citations; providing exceptions to such
253 prohibition; requiring a law enforcement officer who
254 stops a motor vehicle for a violation to inform the
255 motor vehicle operator of his or her right to decline
256 a search of his or her wireless communications device;
257 prohibiting the law enforcement officer from taking
258 specified actions; requiring certain consent to search
259 a motor vehicle operator's wireless communications
260 device; providing that a user's billing records for a
261 wireless communications device or the testimony of or
262 written statements from certain authorities are
263 admissible as evidence in crashes resulting in death
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1a
264 or serious bodily injury for certain purposes;
265 requiring that law enforcement officers indicate
266 specified information in the uniform traffic citation;
267 providing penalties; authorizing first-time offenders
268 to participate in a wireless communications device
269 driving safety program; authorizing a clerk of the
270 court to dismiss a case and assess court costs under
271 certain circumstances; requiring the deposit of fines
272 into the Emergency Medical Services Trust Fund of the
273 Department of Health; requiring law enforcement
274 officers to record the race and ethnicity of violators
275 when issuing a citation for a violation; requiring all
276 law enforcement agencies to maintain such information
277 and report it to the Department of Highway Safety and
278 Motor Vehicles in a form and manner determined by the
279 department; requiring the department to annually
280 report the data to the Governor and Legislature;
281 providing report requirements; amending s. 337.025,
282 F.S.; revising the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1b
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Brown offered the following:
4
5 Amendment to Amendment (212831) by Representative Andrade
6 (with title amendment)
7 Between lines 342 and 343 of the amendment, insert:
8 Section 7. Paragraph (c) of subsection (1) of section
9 348.754, Florida Statutes, is amended to read:
10 348.754 Purposes and powers.—
11 (1)
12 (c) Notwithstanding any other provision of this section to
13 the contrary, to ensure the continued financial feasibility of
14 the portion of the Wekiva Parkway to be constructed by the
15 department, the authority may not, without the prior
16 consultation with consent of the secretary of the department,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 57 (2021)
Amendment No. 1b
17 construct any extensions, additions, or improvements to the
18 expressway system in Lake County.
19
20 -----------------------------------------------------
21 T I T L E A M E N D M E N T
22 Remove line 404 of the amendment and insert:
23 requirements; revising compensation of board members; amending
24 s. 348.754; F.S.; prohibiting the Central Florida Expressway
25 Authority from performing certain activities in Lake County
26 without prior consultation of the Secretary of the Department of
27 Transportation; amending
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 353 Bicycle Operation Regulations
SPONSOR(S): Hage
TIED BILLS: IDEN./SIM. BILLS: SB 738
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnso
2) Commerce Committee
SUMMARY ANALYSIS
Florida law requires that a person riding a bicycle must ride upon or astride a permanent and regular seat
attached to the bicycle. A violation of this provision is a noncriminal traffic infraction, punishable as a
pedestrian violation. However, manufacturers are now offering bicycles designed to be operated without seats,
which, under Florida law, are unlawful and subject their riders to pedestrian citations.
The bill authorizes a bicycle to be operated without a seat if it was designed by the manufacturer to be
operated without one.
State and local governments may see a reduction in revenues associated with no longer issuing citations for
riding a bicycle without a seat.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0353.TIE.D0CX
DATE 2/10/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida law defines the term "bicycle" to mean every vehicle propelled solely by human power, having
two tandem wheels, and including any device generally recognized as a bicycle though equipped with
two front or two rear wheels. The term does not include a scooter or similar device.1
Section 316.2065, F.S., provides the state's bicycle regulations . Included in those regulations is a
provision prohibiting a person from operating a bicycle other than upon or astride a permanent and
regular seat attached to the bicycle. 2 A violation is a noncriminal traffic infraction, punishable as a
pedestrian violation as provided in ch. 318, F.S. 3 The base fine is $15; 4 however, with various
additional fees the total fine is up to $56.50. 5
Manufacturers are now offering self-propelled vehicles that meet the definition of a bicycle, but are
designed to be operated without a seat. Manufacturers emphasize that these vehicles provide a low
impact and full body workout. 6 However, with the statutory requirement that bicycles have a seat, it is
unlawful to ride one of these vehicles in Florida, and riders are subject to citations .
Effect of the Bill
The bill amends s. 316.2065, F.S., authorizing a bicycle to be operated without a seat if the bicycle was
designed by the manufacturer to be operated without one.
The bill has an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1 Amends s. 316.2065, F.S., relating to bicycle regulations.
Section 2 Provides for an effective date of July 1, 2021 .
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues :
To the extent there is a decrease in the number of citations issued for operating bicycles without
seats, the state may realize a reduction in revenue . However, the fiscal impact cannot be quantified
and is indeterminate.
1
s. 316.003(4), F.S.
2
S. 316.2065(2), F.S.
3
S. 316.2065(19), F.S.
4
S. 318.18(1), F.S.
5
Florida Association of Clerks of Court, 2020 Distribution Schedule, p. 21. Available at:
https://cdn.ymaws.com/www.tlclerks.com/resource/resmgr/advisories/advisories_ 2021 /21 bul1005 _Attach_2_ 2020 _ Dist.pdf (last
visited February 4, 2021).
6
See for example the Elliptigo, https://www.elliptigo.com/ (last visited February 4, 2021 ).
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DATE: 2/10/2021
2. Expenditures:
None.
8. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
To the extent there is a decrease in the number of citations issued for operating bicycles without
seats, local governments may realize a reduction in revenue. However, the fiscal impact cannot be
quantified and is indeterminate.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Bicycle riders will no longer be subject to citations associated with operating bicycles without seats, if
the bicycle is designed to be operated without a seat.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenue in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
8. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking, nor does it require rulemaking .
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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DATE: 2/10/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 353 2021
1 A bill to be entitled
2 An act relating to bicycle operation regulations;
3 amending s. 316.2065, F.S.; providing an exception to
4 the requirement that a person operating a bicycle ride
5 upon or astride a seat attached thereto; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (2) of section 316.2065, Florida
11 Statutes, is amended to read:
12 316.2065 Bicycle regulations.-
13 (2) A person operating a bicycle may not ride other than
14 upon or astride a permanent and regular seat attached thereto
15 unless the bicycle was designed by the manufacturer to be ridden
16 without a seat .
17 Section 2. This act shall take effect July 1, 2021.
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CODING: Words stricken are deletions; words underlined are additions.
hb0353-00
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