Senate Bill 1364 (2021) — Transportation projects
SB 1364
Florida Bills
Florida Senate - 2021 SB 1364 By Senator Brodeur 9-01692B-21 20211364__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to transportation projects; amending 2 s. 206.46, F.S.; limiting the amount of State 3 Transportation Trust Fund revenues to be committed for 4 certain public transportation projects; amending s. 5 334.044, F.S.; revising the amount of funding 6 allocated by the Department of Transportation to 7 transportation construction projects for the purchase 8 of plant materials; revising the types of projects 9 receiving such allocation; removing a requirement that 10 a certain amount of such allocation be for the 11 purchase of large plant materials; requiring purchased 12 plant materials to be grown in this state; amending s. 13 337.11, F.S.; authorizing the department to enter into 14 certain contracts without advertising and receiving 15 competitive bids under certain circumstances; 16 authorizing the department to combine certain work 17 phases; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21
Section 1. Subsection (3) of
section 206.46, Florida 22 Statutes, is amended to read: 23 206.46 State Transportation Trust Fund.— 24
(3) Each fiscal year, a minimum of 15 percent, but not more 25 than 25 percent, of all state revenues deposited into the State 26 Transportation Trust Fund shall be committed annually by the 27 department for public transportation projects in accordance with 28
chapter 311, ss. 332.003-332.007,
chapter 341, and
chapter 343. 29 Florida Senate - 2021 SB 1364 9-01692B-21 20211364__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions.
Section 2. Subsection (26) of
section 334.044, Florida 30 Statutes, is amended to read: 31 334.044 Powers and duties of the department.—The department 32 shall have the following general powers and duties: 33
(26) To provide for the enhancement of environmental 34 benefits, including air and water quality; to prevent roadside 35 erosion; to conserve the natural roadside growth and scenery; 36 and to provide for the implementation and maintenance of 37 roadside conservation, enhancement, and stabilization programs. 38 A portion At least 1.5 percent of the amount contracted for new 39 construction and widening projects shall be allocated by the 40 department on a statewide basis for the purchase of plant 41 materials.
Department districts may not expend funds for 42 landscaping in connection with any project that is limited to 43 resurfacing existing lanes unless the expenditure has been 44 approved by the department’s secretary or the secretary’s 45 designee. To the greatest extent practical, at least 50 percent 46 of the funds allocated under this subsection shall be allocated 47 for large plant materials and the remaining funds for other 48 plant materials.
Except as prohibited by applicable federal law 49 or regulation, all such plant materials shall be grown in this 50 state and purchased from Florida commercial nursery stock in 51 this state on a uniform competitive bid basis. The department 52 shall develop grades and standards for landscaping materials 53 purchased through this process. To accomplish these activities, 54 the department may contract with nonprofit organizations having 55 the primary purpose of developing youth employment 56 opportunities. 57
Section 3. Paragraph (
c) of subsection (6) of
section 58 Florida Senate - 2021 SB 1364 9-01692B-21 20211364__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. 337.11, Florida Statutes, is amended to read: 59 337.11 Contracting authority of department; bids; emergency 60 repairs, supplemental agreements, and change orders; combined 61 design and construction contracts; progress payments; records; 62 requirements of vehicle registration.— 63 (6) 64 (c)1.
When the department determines that it is in the best 65 interest of the public for reasons of public concern, economy, 66 improved operations, or safety, and only when circumstances 67 dictate rapid completion of the work, the department may, up to 68 the amount of $250,000, enter into contracts for construction 69 and maintenance without advertising and receiving competitive 70 bids. The department may enter into such contracts only upon a 71 determination that the work is necessary for one of the 72 following reasons: 73 a.1.
To ensure timely completion of projects or avoidance 74 of undue delay for other projects; 75 b.2. To accomplish minor repairs or construction and 76 maintenance activities for which time is of the essence and for 77 which significant cost savings would occur; or 78 c.3. To accomplish nonemergency work necessary to ensure 79 avoidance of adverse conditions that affect the safe and 80 efficient flow of traffic. 81 2.
When the department determines that work is necessary to 82 repair or improve conditions on portions of a roadway which may 83 have contributed to one or more fatalities, the department may, 84 up to the amount of $1 million, enter into contracts for 85 construction without advertising and receiving competitive bids. 86 The department may combine the design and construction phases of 87 Florida Senate - 2021 SB 1364 9-01692B-21 20211364__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. such work. 88 89 The department shall make a good faith effort to obtain two or 90 more quotes, if available, from qualified contractors before 91 entering into any contract.
The department shall give 92 consideration to disadvantaged business enterprise 93 participation. However, when the work exists within the limits 94 of an existing contract, the department shall make a good faith 95 effort to negotiate and enter into a contract with the prime 96 contractor on the existing contract. 97