Florida Senate - 2026 SB By Senator DiCeglie 18-01233-26 20261080__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to transportation; amending s. 337.11, 2 F.S.; authorizing the Department of Transportation to make direct payments to a first-tier subcontractor under certain circumstances; requiring that amounts paid to such subcontractor be deducted from amounts due the contractor; amending s. 337.18, F.S.; 7 requiring the department and a surety to enter into a takeover agreement that requires the surety’s completion contractor to meet certain requirements and that requires the surety to follow certain contract procedures when the surety is engaged by the department under certain circumstances; providing an effective date. 14

Be It Enacted by the Legislature of the State of Florida: 16

Section 1. Paragraph

(

d) is added to subsection (11) of

Section 2. Present subsection (6) of

section 337.18, 40 Florida Statutes, is redesignated as subsection (7), and a new subsection (6) is added to that section, to read: 42 337.18 Surety bonds for construction or maintenance contracts; requirement with respect to contract award; bond requirements; defaults; damage assessments.— 45

(6) If the department declares a default on the part of a contractor for cause attributable to the contractor and engages the surety to perform pursuant to the terms of the bond, the department and the surety must enter into a takeover agreement requiring the surety’s completion contractor to meet the prequalification requirements of the original contract bid solicitation and requiring the surety to follow the contract’s procedures regarding the completion contractor default and certification of disbursement of payment to subcontractors. 54

Section 3. This act shall take effect July 1, 2026. 55