PCS for CS/HB 157 (2022) — An act relating to transportation
Summary
PCS for CS/HB 157 (2022), a bill text entitled an act relating to transportation. Section 1 creates section 163.31803, Florida Statutes, under which a local government must provide mobility fee credits to a residential developer for capital improvements to a transportation system that the Department of Transportation deems necessary to bring a planned housing community into service. Section 2 creates section 334.066, establishing the Implementing Solutions from Transportation Research and Evaluating Emerging Technologies Living Lab (I-STREET) within the University of Florida, with a report due by July 1, 2023, and each July 1 thereafter, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Section 10 provides that the act takes effect July 1, 2022.
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“PCS for CS/HB 157 (2022) — An act relating to transportation.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/HB 157 2022
1 A bill to be entitled
2 An act relating to transportation; creating s.
3 163.31803, F.S.; requiring local governments to issue
4 mobility fee credits under a specified circumstance;
5 creating s. 334.066, F.S.; establishing the
6 Implementing Solutions from Transportation Research
7 and Evaluating Emerging Technologies Living Lab (I -
8 STREET) within the University of Florida; specifying
9 the duties of I-STREET; requiring I-STREET to annually
10 provide the Governor and the Legislature with a
11 certain report; requiring the creation of a certain
12 advisory board; specifying the composition of the
13 board; amending s. 337.025, F.S.; providing that the
14 Department of Transportation's program for innovative
15 transportation projects may include progressive
16 design-build contracts; authorizing the department to
17 enter into a progressive design-build contract if it
18 makes a certain determination; providing procedures
19 and requirements for progressive design-build
20 contracts; revising contracts exempt from a specified
21 annual monetary cap on contracts; amending s. 337.107,
22 F.S.; authorizing landowners to permit with the
23 department to remove vegetation under specified
24 circumstances; amending s. 337.11, F.S.; revising the
25 department's authority relating to design-build
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26 contracts; revising rulemaking authority; requiring
27 specified department contracts to contain specified
28 insurance provisions; amending s. 337.1101, F.S.;
29 revising the calculation of a certain settlement paid
30 to a nonselected responsive bidder; amending s.
31 337.14, F.S.; revising a dollar limit of proposed
32 budget estimates of construction contracts for which
33 an applying contractor may submit certain financial
34 statements; revising procedures relating to
35 certificates of qualification issued by the department
36 to construction contractors seeking certification to
37 bid on certain contracts; exempting progressive
38 design-build prequalifications from a certain
39 restriction on contractors and their affiliates;
40 amending s. 337.168, F.S.; deleting a public records
41 exemption for certain documents revealing the identity
42 of a potential bidder; amending s. 338.165, F.S.;
43 revising the length of time between when the
44 department must revise its toll rates to inflation;
45 providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 163.31803, Florida Statutes, is created
50 to read:
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51 163.31803 Mobility fee credits for certain planned housing
52 communities.—Pursuant to s. 163.31801, a local government must
53 provide mobility fee credits to a residential developer for
54 capital improvements to a transportation system that the
55 Department of Transportation deems necessary to ensure the safe
56 and efficient mobility of people, commerce, and goods to bring a
57 planned housing community into service.
58 Section 2. Section 334.066, Florida Statutes, is created
59 to read:
60 334.066 Implementing Solutions from Transportation
61 Research and Evaluating Emerging Technologies Living Lab.—
62 (1) The Implementing Solutions from Transportation
63 Research and Evaluating Emerging Technologies Living Lab (I-
64 STREET) is established within the University of Florida.
65 (2) At a minimum, I-STREET shall:
66 (a) Conduct and facilitate research on issues related to
67 innovative transportation mobility and safety technology
68 development and deployment in this state and serve as an
69 information exchange and depository for the most current
70 information pertaining to transportation research, education,
71 workforce development, and related issues.
72 (b) Be a continuing resource for the Legislature, the
73 department, local governments, the nation's metropolitan
74 regions, and the private sector in the area of transportation
75 and related research.
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76 (c) Promote intercampus transportation and related
77 research activities among Florida universities to enhance the
78 ability of these universities to attract federal and private
79 sector funding for transportation and related research.
80 (d) Provide by July 1, 2023, and each July 1 thereafter,
81 to the Governor, the President of the Senate, and the Speaker of
82 the House of Representatives a comprehensive report that
83 outlines its clearly defined goals and its efforts and progress
84 on reaching those goals.
85 (3) An advisory board shall be created to periodically
86 review and advise I-STREET concerning its research program. The
87 board shall consist of nine members with expertise in
88 transportation-related areas, as follows:
89 (a) A member appointed by the President of the Senate.
90 (b) A member appointed by the Speaker of the House of
91 Representatives.
92 (c) The Secretary of Transportation or his or her
93 designee.
94 (d) The Secretary of Economic Opportunity or his or her
95 designee.
96 (e) A member of the Florida Transportation Commission.
97 (f) Four members nominated by the University of Florida's
98 College of Engineering and approved by the university's
99 president. The College of Engineering's nominees may include
100 representatives of the University of Florida, other academic and
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101 research institutions, or private entities.
102 Section 3. Section 337.025, Florida Statutes, is amended
103 to read:
104 337.025 Innovative transportation projects; department to
105 establish program.—
106 (1) The department may establish a program for
107 transportation projects demonstrating innovative techniques of
108 highway and bridge design, construction, maintenance, and
109 finance which have the intended effect of measuring resiliency
110 and structural integrity and controlling time and cost increases
111 on construction projects. Such techniques may include, but are
112 not limited to, state-of-the-art technology for pavement,
113 safety, and other aspects of highway and bridge design,
114 construction, and maintenance; innovative bidding and financing
115 techniques; progressive design-build contracts as specified in
116 subsection (2); accelerated construction procedures; and those
117 techniques that have the potential to reduce project life cycle
118 costs. To the maximum extent practical, the department must use
119 the existing process to award and administer construction and
120 maintenance contracts. When specific innovative techniques are
121 to be used, the department is not required to adhere to those
122 provisions of law that would prevent, preclude, or in any way
123 prohibit the department from using the innovative technique.
124 However, before using an innovative technique that is
125 inconsistent with another provision of law, the department must
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126 document in writing the need for the exception and identify what
127 benefits the traveling public and the affected community are
128 anticipated to receive. The department may enter into no more
129 than $120 million in contracts awarded annually for the purposes
130 authorized by this section.
131 (2) If the department determines that it is in the best
132 interests of the public, the department may combine the design
133 and construction phases of a project into a single contract and
134 select the design-build firm in the early stages of a project to
135 ensure that the design-build firm is part of the collaboration
136 and development of the design as part of a step-by-step
137 progression through construction. Such contract is referred to
138 as a progressive design-build contract. For progressive design-
139 build contracts, the selection and award processes must include
140 a two-phase process. For phase one, the department shall
141 competitively award the contract to a design-build firm based
142 upon qualifications. For phase two, the design-build firm shall
143 competitively bid construction trade subcontractor packages and,
144 based upon these bids, negotiate with the department a fixed
145 firm price or guaranteed maximum price that meets the project
146 budget and scope as advertised in the request for
147 qualifications.
148 (3) The annual cap on contracts provided in subsection (1)
149 does not apply to:
150 (a) Turnpike enterprise projects.
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151 (b) Progressive design-build contracts for complex, high-
152 risk projects with a minimum contract value of $400 million Low-
153 bid design-build milling and resurfacing contracts.
154 Section 4. Section 337.107, Florida Statutes, is amended
155 to read:
156 337.107 Contracts for right-of-way services.—
157 (1) The department may enter into contracts pursuant to s.
158 287.055 for right-of-way services on transportation corridors
159 and transportation facilities. Right-of-way services include
160 negotiation and acquisition services, appraisal services,
161 demolition and removal of improvements, and asbestos-abatement
162 services.
163 (2) For a construction project funded in the first 3 years
164 of the department’s adopted work program, a landowner with land
165 contiguous to a limited access facility may be allowed, under a
166 department-issued permit, to remove vegetation designated to be
167 removed as part of the construction project on a department
168 right-of-way in an area associated with a limited access
169 facility, within the same limits of removal as identified in the
170 final plans of the project.
171 Section 5. Subsections (15) and (16) of section 337.11,
172 Florida Statutes, are renumbered as subsections (16) and (17)
173 respectively, subsection (15) is added to that section, and
174 paragraphs (a) and (b) of subsection (7) are amended to read:
175 337.11 Contracting authority of department; bids;
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176 emergency repairs, supplemental agreements, and change orders;
177 combined design and construction contracts; progress payments;
178 records; requirements of vehicle registration.—
179 (7)(a) If the department determines that it is in the best
180 interests of the public, the department may combine the design
181 and construction phases of a building, a major bridge, a limited
182 access facility, or a rail corridor project into a single
183 contract. Such contract is referred to as a design-build
184 contract. Design-build contracts may be advertised and awarded
185 notwithstanding the requirements of paragraph (3)(c). However,
186 construction activities may not begin on any portion of such
187 projects for which the department has not yet obtained title to
188 the necessary rights-of-way and easements for the construction
189 of that portion of the project has vested in the state or a
190 local governmental entity and all railroad crossing and utility
191 agreements have been executed. Title to rights-of-way shall be
192 deemed to have vested in the state when the title has been
193 dedicated to the public or acquired by prescription.
194 (b) The department shall adopt by rule procedures for
195 administering design-build contracts, including progressive
196 design-build contracts. Such procedures shall include, but not
197 be limited to:
198 1. Prequalification requirements.
199 2. Public announcement procedures.
200 3. Scope of service requirements.
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201 4. Letters of interest requirements.
202 5. Short-listing criteria and procedures.
203 6. Bid proposal requirements.
204 7. Technical review committee.
205 8. Selection and award processes.
206 9. Stipend requirements.
207 (15) Each contract let by the department for performance
208 of bridge construction or maintenance over navigable waters must
209 contain a provision requiring general liability insurance, in an
210 amount to be determined by the department, that covers third-
211 party personal injury and property damage caused by vessels used
212 by the contractor in the performance of the work.
213 Section 6. Subsection (1) of section 337.1101, Florida
214 Statutes, is amended to read:
215 337.1101 Contracting and procurement authority of the
216 department; settlements; notification required.—
217 (1) When the department, or any entity or enterprise
218 within the department, determines that it is in the best
219 interest of the public to resolve a protest filed in accordance
220 with s. 120.57(3) of the award of a contract being procured
221 pursuant to s. 337.11 or related to the purchase of personal
222 property or contractual services being procured pursuant to s.
223 287.057, through a settlement that requires the department to
224 pay a nonselected responsive bidder a total sum of $1 million or
225 more, including any amount paid pursuant to s. 334.049, any
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226 amount paid pursuant to s. 337.11(8) which is not included in
227 the department's work program approved by the Legislature as
228 part of the General Appropriations Act, or any amount paid
229 pursuant to any other law, the department must:
230 (a) Document in a written memorandum by the secretary the
231 specific reasons that such settlement and payment to a
232 nonselected responsive bidder is in the best interest of the
233 state. The written memorandum must be included and maintained in
234 the department's permanent files concerning the procurement and
235 must include:
236 1. A description of the property rights, patent rights,
237 copyrights, trademarks, or the engineering design or other
238 design work that the department will acquire or retain as a
239 result of such settlement; and
240 2. The specific appropriation in the existing General
241 Appropriations Act which the department intends to use to
242 provide such payment.
243 (b) Provide prior written notification to the President of
244 the Senate, the Speaker of the House of Representatives, the
245 Senate and House of Representatives minority leaders, the chair
246 and vice chair of the Legislative Budget Commission, and the
247 Attorney General at least 5 business days, or as soon thereafter
248 as practicable, before the department makes the settlement
249 agreement final. Such written notification must include the
250 written memorandum required pursuant to paragraph (a).
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251 (c) Provide, at the time settlement discussions regarding
252 any such payment have begun in earnest, written notification of
253 such discussions to the President of the Senate, the Speaker of
254 the House of Representatives, the Senate and House of
255 Representatives minority leaders, the chair and vice chair of
256 the Legislative Budget Commission, and the Attorney General.
257 Section 7. Subsections (1), (4), and (7) of section
258 337.14, Florida Statutes, are amended to read:
259 337.14 Application for qualification; certificate of
260 qualification; restrictions; request for hearing.—
261 (1) Any contractor desiring to bid for the performance of
262 any construction contract in excess of $250,000 which the
263 department proposes to let must first be certified by the
264 department as qualified pursuant to this section and rules of
265 the department. The rules of the department must address the
266 qualification of contractors to bid on construction contracts in
267 excess of $250,000 and must include requirements with respect to
268 the equipment, past record, experience, financial resources, and
269 organizational personnel of the applying contractor which are
270 necessary to perform the specific class of work for which the
271 contractor seeks certification. Any contractor who desires to
272 bid on contracts in excess of $50 million and who is not
273 qualified and in good standing with the department as of January
274 1, 2019, must first be certified by the department as qualified
275 and must have satisfactorily completed two projects, each in
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276 excess of $15 million, for the department or for any other state
277 department of transportation. The department may limit the
278 dollar amount of any contract upon which a contractor is
279 qualified to bid or the aggregate total dollar volume of
280 contracts such contractor is allowed to have under contract at
281 any one time. Each applying contractor seeking qualification to
282 bid on construction contracts in excess of $250,000 shall
283 furnish the department a statement under oath, on such forms as
284 the department may prescribe, setting forth detailed information
285 as required on the application. Each application for
286 certification must be accompanied by audited, certified
287 financial statements prepared in accordance with generally
288 accepted accounting principles and auditing standards by a
289 certified public accountant licensed in this state or another
290 state. The audited, certified financial statements must be for
291 the applying contractor and must have been prepared within the
292 immediately preceding 12 months. The department may not consider
293 any financial information of the parent entity of the applying
294 contractor, if any. The department may not certify as qualified
295 any applying contractor who fails to submit the audited,
296 certified financial statements required by this subsection. If
297 the application or the annual financial statement shows the
298 financial condition of the applying contractor more than 4
299 months before the date on which the application is received by
300 the department, the applicant must also submit interim audited,
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301 certified financial statements prepared in accordance with
302 generally accepted accounting principles and auditing standards
303 by a certified public accountant licensed in this state or
304 another state. The interim financial statements must cover the
305 period from the end date of the annual statement and must show
306 the financial condition of the applying contractor no more than
307 4 months before the date that the interim financial statements
308 are received by the department. However, upon the request of the
309 applying contractor, an application and accompanying annual or
310 interim financial statement received by the department within 15
311 days after either 4-month period under this subsection shall be
312 considered timely. An applying contractor desiring to bid
313 exclusively for the performance of construction contracts with
314 proposed budget estimates of less than $2 $1 million may submit
315 reviewed annual or reviewed interim financial statements
316 prepared by a certified public accountant. The information
317 required by this subsection is confidential and exempt from s.
318 119.07(1). The department shall act upon the application for
319 qualification within 30 days after the department determines
320 that the application is complete. The department may waive the
321 requirements of this subsection for projects having a contract
322 price of $500,000 or less if the department determines that the
323 project is of a noncritical nature and the waiver will not
324 endanger public health, safety, or property.
325 (4) If the applicant is found to possess the prescribed
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326 qualifications, the department shall issue to him or her a
327 certificate of qualification that, unless thereafter revoked by
328 the department for good cause, will be valid for a period of 18
329 months after the date of the applicant's financial statement or
330 such shorter period as the department prescribes. Submission of
331 an application does and subsequent approval do not affect
332 expiration of the certificate of qualification, the ability
333 factor of the applicant, or the maximum capacity rating of the
334 applicant. An applicant may submit a written request with a
335 timely submitted application to keep an existing certificate of
336 qualification in place until the expiration date. If the request
337 is approved by the department, the current maximum capacity
338 rating of the applicant must remain in place until expiration of
339 the current certificate of qualification. If the department
340 finds that an application is incomplete or contains inadequate
341 information or information that cannot be verified, the
342 department may request in writing that the applicant provide the
343 necessary information to complete the application or provide the
344 source from which any information in the application may be
345 verified. If the applicant fails to comply with the initial
346 written request within a reasonable period of time as specified
347 therein, the department shall request the information a second
348 time. If the applicant fails to comply with the second request
349 within a reasonable period of time as specified therein, the
350 application shall be denied.
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351 (7) A "contractor" as defined in s. 337.165(1)(d) or his
352 or her "affiliate" as defined in s. 337.165(1)(a) qualified with
353 the department under this section may not also qualify under s.
354 287.055 or s. 337.105 to provide testing services, construction,
355 engineering, and inspection services to the department. This
356 limitation does not apply to any design-build, including
357 progressive design-build, prequalification under s. 337.11(7)
358 and does not apply when the department otherwise determines by
359 written order entered at least 30 days before advertisement that
360 the limitation is not in the best interests of the public with
361 respect to a particular contract for testing services,
362 construction, engineering, and inspection services. This
363 subsection does not authorize a contractor to provide testing
364 services, or provide construction, engineering, and inspection
365 services, to the department in connection with a construction
366 contract under which the contractor is performing any work.
367 Notwithstanding any other provision of law to the contrary, for
368 a project that is wholly or partially funded by the department
369 and administered by a local governmental entity, except for a
370 seaport listed in s. 311.09 or an airport as defined in s.
371 332.004, the entity performing design and construction
372 engineering and inspection services may not be the same entity.
373 Section 8. Subsection (2) of Section 337.168, Florida
374 Statutes, is amended to read:
375 337.168 Confidentiality of official estimates, identities
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376 of potential bidders, and bid analysis and monitoring system.—
377 (2) A document that reveals the identity of a person who
378 has requested or obtained a bid package, plan, or specifications
379 pertaining to any project to be let by the department is
380 confidential and exempt from the provisions of s. 119.07(1) for
381 the period that begins 2 working days before the deadline for
382 obtaining bid packages, plans, or specifications and ends with
383 the letting of the bid. A document that reveals the identity of
384 a person who has requested or obtained a bid package, plan, or
385 specifications pertaining to any project to be let by the
386 department before the 2 working days before the deadline for
387 obtaining bid packages, plans, or specifications remains a
388 public record subject to s. 119.07(1).
389 Section 9. Subsection (3) of section 338.165, Florida
390 Statutes, is amended to read:
391 338.165 Continuation of tolls.—
392 (3) Notwithstanding any other provision of law, the
393 department, including the turnpike enterprise, shall index toll
394 rates on existing toll facilities to the annual Consumer Price
395 Index or similar inflation indicators. Toll rate adjustments for
396 inflation under this subsection may be made no more frequently
397 than once a year and must be made no less frequently th an once
398 every 10 5 years as necessary to accommodate cash toll rate
399 schedules. Toll rates may be increased beyond these limits as
400 directed by bond documents, covenants, or governing body
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401 authorization or pursuant to department administrative rule.
402 Section 10. This act shall take effect July 1, 2022.
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