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
HB 729 2021
1 A bill to be entitled
2 An act relating to transportation projects; amending
3 s. 206.46, F.S.; limiting the amount of State
4 Transportation Trust Fund revenues to be committed for
5 certain public transportation projects; amending s.
6 334.044, F.S.; revising the amount of funding
7 allocated by the Department of Transportation to
8 transportation construction projects for the purchase
9 of plant materials; revising the types of projects
10 receiving such allocation; removing a requirement that
11 a certain amount of such allocation be for the
12 purchase of large plant materials; requiring purchased
13 plant materials to be grown in this state; amending s.
14 337.11, F.S.; authorizing the department to enter into
15 certain contracts without advertising and receiving
16 competitive bids under certain circumstances;
17 authorizing the department to combine certain work
18 phases; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (3) of section 206.46, Florida
23 Statutes, is amended to read:
24 206.46 State Transportation Trust Fund.—
25 (3) Each fiscal year, a minimum of 15 percent, but not
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26 more than 25 percent, of all state revenues deposited into the
27 State Transportation Trust Fund shall be committed annually by
28 the department for public transportation projects in accordance
29 with chapter 311, ss. 332.003-332.007, chapter 341, and chapter
30 343.
31 Section 2. Subsection (26) of section 334.044, Florida
32 Statutes, is amended to read:
33 334.044 Powers and duties of the department.—The
34 department shall have the following general powers and duties:
35 (26) To provide for the enhancement of environmental
36 benefits, including air and water quality; to prevent roadside
37 erosion; to conserve the natural roadside growth and scenery;
38 and to provide for the implementation and maintenance of
39 roadside conservation, enhancement, and stabilization programs.
40 A portion At least 1.5 percent of the amount contracted for new
41 construction and widening projects shall be allocated by the
42 department on a statewide basis for the purchase of plant
43 materials. Department districts may not expend funds for
44 landscaping in connection with any project that is limited to
45 resurfacing existing lanes unless the expenditure has been
46 approved by the department's secretary or the secretary's
47 designee. To the greatest extent practical, at least 50 percent
48 of the funds allocated under this subsection shall be allocated
49 for large plant materials and the remaining funds for other
50 plant materials. Except as prohibited by applicable federal law
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51 or regulation, all such plant materials shall be grown in this
52 state and purchased from Florida commercial nursery stock in
53 this state on a uniform competitive bid basis. The department
54 shall develop grades and standards for landscaping materials
55 purchased through this process. To accomplish these activities,
56 the department may contract with nonprofit organizations having
57 the primary purpose of developing youth employment
58 opportunities.
59 Section 3. Paragraph (c) of subsection (6) of section
60 337.11, Florida Statutes, is amended to read:
61 337.11 Contracting authority of department; bids;
62 emergency repairs, supplemental agreements, and change orders;
63 combined design and construction contracts; progress payments;
64 records; requirements of vehicle registration.—
65 (6)
66 (c)1. When the department determines that it is in the
67 best interest of the public for reasons of public concern,
68 economy, improved operations, or safety, and only when
69 circumstances dictate rapid completion of the work, the
70 department may, up to the amount of $250,000, enter into
71 contracts for construction and maintenance without advertising
72 and receiving competitive bids. The department may enter into
73 such contracts only upon a determination that the work is
74 necessary for one of the following reasons:
75 a.1. To ensure timely completion of projects or avoidance
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76 of undue delay for other projects;
77 b.2. To accomplish minor repairs or construction and
78 maintenance activities for which time is of the essence and for
79 which significant cost savings would occur; or
80 c.3. To accomplish nonemergency work necessary to ensure
81 avoidance of adverse conditions that affect the safe and
82 efficient flow of traffic.
83 2. When the department determines that work is necessary
84 to repair or improve conditions on portions of a roadway which
85 may have contributed to one or more fatalities, the department
86 may, up to the amount of $1 million, enter into contracts for
87 construction without advertising and receiving competitive bids.
88 The department may combine the design and construction phases of
89 such work.
90
91 The department shall make a good faith effort to obtain two or
92 more quotes, if available, from qualified contractors before
93 entering into any contract. The department shall give
94 consideration to disadvantaged business enterprise
95 participation. However, when the work exists within the limits
96 of an existing contract, the department shall make a good faith
97 effort to negotiate and enter into a contract with the prime
98 contractor on the existing contract.
99 Section 4. This act shall take effect July 1, 2021.
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Statutes affected:
H 729 Filed: 206.46, 334.044, 337.11