Bill Text: FL S0266 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-05 - Laid on Table, refer to CS/CS/CS/HB 287 [S0266 Detail]
Download: Florida-2024-S0266-Comm_Sub.html
Bill Title: Transportation
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-05 - Laid on Table, refer to CS/CS/CS/HB 287 [S0266 Detail]
Download: Florida-2024-S0266-Comm_Sub.html
Florida Senate - 2024 CS for CS for SB 266 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senator Hooper 606-03119-24 2024266c2 1 A bill to be entitled 2 An act relating to transportation; amending s. 206.46, 3 F.S.; prohibiting the Department of Transportation 4 from annually committing more than a certain 5 percentage of revenues derived from state fuel taxes 6 and motor vehicle license-related fees to public 7 transit projects; providing exceptions; amending s. 8 288.9606, F.S.; conforming provisions to changes made 9 by the act; making technical changes; amending s. 10 334.30, F.S.; authorizing the department to enter into 11 comprehensive agreements with private entities or the 12 consortia thereof for the building, operation, 13 ownership, or financing of transportation facilities; 14 conforming provisions to changes made by the act; 15 replacing the term “public-private partnership 16 agreement” with the term “comprehensive agreement”; 17 requiring a private entity to provide an independent 18 traffic and revenue study prepared by a certain 19 expert; providing a requirement for such study; 20 revising the timeframe within which the department 21 must publish a certain notice of receipt of an 22 unsolicited proposal for a public-private 23 transportation project; authorizing the department to 24 enter into an interim agreement with a private entity 25 regarding a qualifying project; providing that an 26 interim agreement does not obligate the department to 27 enter into a comprehensive agreement and is not 28 required under certain circumstances; providing 29 requirements for an interim agreement; conforming 30 provisions to changes made by the act; authorizing the 31 secretary of the department to authorize comprehensive 32 agreements for a term of up to 75 years for certain 33 projects; making technical changes; requiring the 34 department to notify the Division of Bond Finance of 35 the State Board of Administration before entering into 36 an interim agreement or comprehensive agreement; 37 amending s. 336.044, F.S.; prohibiting a local 38 governmental entity from adopting certain standards or 39 specifications concerning asphalt pavement material; 40 amending s. 337.11, F.S.; requiring the department to 41 receive three letters of interest before proceeding 42 with requests for proposals for certain contracts; 43 making technical changes; amending s. 337.18, F.S.; 44 authorizing the department to allow the issuance of 45 multiple contract performance and payment bonds in 46 succession to meet certain requirements; revising the 47 timeframe for certain actions against the contractor 48 or the surety; specifying a timeframe for when an 49 action for recovery of retainage must be instituted; 50 amending s. 337.195, F.S.; revising a presumption 51 regarding the proximate cause of death, injury, or 52 damage in a civil suit against the department; 53 defining terms; providing for immunity for contractors 54 under certain circumstances; conforming provisions 55 related to certain limitations on liability relating 56 to traffic control plans; making technical changes; 57 providing construction; providing that certain 58 provisions do not preclude liability when the 59 contractor’s negligence is the proximate cause of the 60 personal injury, property damage, or death; revising a 61 presumption regarding a design engineer’s degree of 62 care and skill; deleting immunity for certain persons 63 and entities; creating s. 339.2820, F.S.; creating 64 within the department a local agency program for a 65 specified purpose; requiring the department to update 66 certain project cost estimates at a specified time and 67 include a contingency amount as part of the project 68 cost estimate; authorizing the department to oversee 69 certain projects; requiring local agencies to 70 prioritize budgeting certain local projects through 71 their respective M.P.O.’s or governing boards for a 72 specified purpose; specifying that certain funds are 73 available only to local agencies that are certified by 74 the department; requiring local agencies to include in 75 certain contracts a specified document and a 76 contingency amount for costs incurred due to 77 unforeseen conditions; amending s. 339.2825, F.S.; 78 conforming a provision to changes made by the act; 79 providing an effective date. 80 81 Be It Enacted by the Legislature of the State of Florida: 82 83 Section 1. Subsection (6) is added to section 206.46, 84 Florida Statutes, to read: 85 206.46 State Transportation Trust Fund.— 86 (6) The department may not annually commit more than 20 87 percent of the revenues derived from state fuel taxes and motor 88 vehicle license-related fees deposited into the State 89 Transportation Trust Fund to public transit projects, in 90 accordance with chapter 341. However, this subsection does not 91 apply to either of the following: 92 (a) A public transit project that uses revenues derived 93 from state fuel taxes and motor vehicle license-related fees to 94 match funds made available by the Federal Government. 95 (b) A public transit project included in the transportation 96 improvement program adopted pursuant to s. 339.175(8) and 97 approved by a supermajority vote of the board of county 98 commissioners where the project is located. 99 Section 2. Subsections (6) and (7) of section 288.9606, 100 Florida Statutes, are amended to read: 101 288.9606 Issue of revenue bonds.— 102 (6) The proceeds of any bonds of the corporation may not be 103 used, in any manner, to acquire any building or facility that 104 will be, during the pendency of the financing, used by, occupied 105 by, leased to, or paid for by any state, county, or municipal 106 agency or entity. This subsection does not prohibit the use of 107 proceeds of bonds of the corporation for the purpose of 108 financing the acquisition or construction of a transportation 109 facility under a comprehensivepublic-private partnership110 agreement authorized by s. 334.30. 111 (7) Notwithstanding any provision of this section, the 112 corporation in its corporate capacity may, without authorization 113 from a public agency under s. 163.01(7), issue revenue bonds or 114 other evidence of indebtedness under this section to: 115 (a) Finance the undertaking of any project within the state 116 that promotes renewable energy as defined in s. 366.91 or s. 117 377.803; 118 (b) Finance the undertaking of any project within the state 119 that is a project contemplated or allowed under s. 406 of the 120 American Recovery and Reinvestment Act of 2009;or121 (c) If permitted by federal law, finance qualifying 122 improvement projects within the state under s. 163.08; or.123 (d) Finance the costs of acquisition or construction of a 124 transportation facility by a private entity or consortium of 125 private entities under a comprehensivepublic-private126partnershipagreement authorized by s. 334.30. 127 Section 3. Present subsections (8) through (13) of section 128 334.30, Florida Statutes, are redesignated as subsections (9) 129 through (14), respectively, a new subsection (8) is added to 130 that section, and subsections (1), (2), and (6) and present 131 subsections (8), (10), (11), and (13) of that section are 132 amended, to read: 133 334.30 Public-private transportation facilities.—The 134 Legislature finds and declares that there is a public need for 135 the rapid construction of safe and efficient transportation 136 facilities for the purpose of traveling within the state, and 137 that it is in the public’s interest to provide for the 138 construction of additional safe, convenient, and economical 139 transportation facilities. 140 (1) The department may receive or solicit proposals and, 141 with legislative approval as evidenced by approval of the 142 project in the department’s work program, enter into 143 comprehensive agreements with private entities, or consortia 144 thereof, for the building, operation, ownership, or financing of 145 transportation facilities. The department may advance projects 146 programmed in the adopted 5-year work program or projects 147 increasing transportation capacity and greater than $500 million 148 in the 10-year Strategic Intermodal Plan using funds provided by 149 public-private partnerships or private entities to be reimbursed 150 from department funds for the project as programmed in the 151 adopted work program. The department shall by rule establish an 152 application fee for the submission of unsolicited proposals 153 under this section. The fee must be sufficient to pay the costs 154 of evaluating the proposals. The department may engage the 155 services of private consultants to assist in the evaluation. 156 Before approval, the department must determine that the proposed 157 project: 158 (a) Is in the public’s best interest; 159 (b) Would not require state funds to be used unless the 160 project is on the State Highway System; 161 (c) Would have adequate safeguards in place to ensure that 162 no additional costs or service disruptions would be realized by 163 the traveling public and residents of the state in the event of 164 default or cancellation of the comprehensive agreement by the 165 department; 166 (d) Would have adequate safeguards in place to ensure that 167 the department or the private entity has the opportunity to add 168 capacity to the proposed project and other transportation 169 facilities serving similar origins and destinations; and 170 (e) Would be owned by the department upon completion or 171 termination of the comprehensive agreement. 172 173 The department shall ensure that all reasonable costs to the 174 state, related to transportation facilities that are not part of 175 the State Highway System, are borne by the private entity. The 176 department shall also ensure that all reasonable costs to the 177 state and substantially affected local governments and 178 utilities, related to the private transportation facility, are 179 borne by the private entity for transportation facilities that 180 are owned by private entities. For projects on the State Highway 181 System, the department may use state resources to participate in 182 funding and financing the project as provided for under the 183 department’s enabling legislation. Because the Legislature 184 recognizes that private entities or consortia thereof would 185 perform a governmental or public purpose or function when they 186 enter into comprehensive agreements with the department to 187 design, build, operate, own, or finance transportation 188 facilities, the transportation facilities, including leasehold 189 interests thereof, are exempt from ad valorem taxes as provided 190 in chapter 196 to the extent property is owned by the state or 191 other government entity, and from intangible taxes as provided 192 in chapter 199 and special assessments of the state, any city, 193 town, county, special district, political subdivision of the 194 state, or any other governmental entity. The private entities or 195 consortia thereof are exempt from tax imposed by chapter 201 on 196 all documents or obligations to pay money which arise out of the 197 comprehensive agreements to design, build, operate, own, lease, 198 or finance transportation facilities. Any private entities or 199 consortia thereof must pay any applicable corporate taxes as 200 provided in chapter 220, and reemployment assistance taxes as 201 provided in chapter 443, and sales and use tax as provided in 202 chapter 212 shall be applicable. The private entities or 203 consortia thereof must also register and collect the tax imposed 204 by chapter 212 on all their direct sales and leases that are 205 subject to tax under chapter 212. The comprehensive agreement 206 between the private entity or consortia thereof and the 207 department establishing a transportation facility under this 208 chapter constitutes documentation sufficient to claim any 209 exemption under this section. 210 (2) Comprehensive agreements entered into pursuant to this 211 section may authorize the private entity to impose tolls or 212 fares for the use of the facility. The following provisions 213shallapply to such agreements: 214 (a) With the exception of the Florida Turnpike System, the 215 department may lease existing toll facilities through public 216 private partnerships. The comprehensivepublic-private217partnershipagreement must ensure that the transportation 218 facility is properly operated, maintained, and renewed in 219 accordance with department standards. 220 (b) The department may develop new toll facilities or 221 increase capacity on existing toll facilities through public 222 private partnerships. The comprehensivepublic-private223partnershipagreement must ensure that the toll facility is 224 properly operated, maintained, and renewed in accordance with 225 department standards. 226 (c) Any toll revenues shall be regulated by the department 227 pursuant to s. 338.165(3). The regulations governing the future 228 increase of toll or fare revenues shall be included in the 229 comprehensivepublic-private partnershipagreement. 230 (d) The department shall provide the analysis required in 231 subparagraph (6)(e)2. to the Legislative Budget Commission 232 created pursuant to s. 11.90 for review and approval prior to 233 awarding a contract on a lease of an existing toll facility. 234 (e) The department shall include provisions in the 235 comprehensivepublic-private partnershipagreement whichthat236 ensure a negotiated portion of revenues from tolled or fare 237 generating projects are returned to the department over the life 238 of the comprehensivepublic-private partnershipagreement. In 239 the case of a lease of an existing toll facility, the department 240 shall receive a portion of funds upon closing on the 241 comprehensive agreementagreementsand shall also include 242 provisions in the comprehensive agreement to receive payment of 243 a portion of excess revenues over the life of the public-private 244 partnership. 245 (f) The private entity shall provide an independent 246investment gradetraffic and revenue study prepared by aan247internationally recognizedtraffic and revenue expert as part of 248 the private entity proposal. The study must bethat isaccepted 249 by the national bond rating agencies before closing on the 250 financing that supports the comprehensive agreement for the 251 public-private partnership project. The private entity shall 252 also provide a finance plan that identifies the project cost, 253 revenues by source, financing, major assumptions, internal rate 254 of return on private investments, and whether any government 255 funds are assumed to deliver a cost-feasible project, and a 256 total cash flow analysis beginning with implementation of the 257 project and extending for the term of the comprehensive 258 agreement. 259 (6) The procurement of public-private partnerships by the 260 department shall follow the provisions of this section. Sections 261 337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18, 262 337.185, 337.19, 337.221, and 337.251 mayshallnot apply to 263 procurements under this section unless a provision is included 264 in the procurement documents. The department shall ensure that 265 generally accepted business practices for exemptions provided by 266 this subsection are part of the procurement process or are 267 included in the comprehensivepublic-private partnership268 agreement. 269 (a) The department may request proposals from private 270 entities for public-private transportation projects or, if the 271 department receives an unsolicited proposal, the department 272 shall publish a notice in the Florida Administrative Register 273 and a newspaper of general circulation at least once a week for 274 2 weeks stating that the department has received the proposal 275 and will accept, for between 30 and 120 days after the initial 276 date of publication as determined by the department based on the 277 complexity of the project, other proposals for the same project 278 purpose. A copy of the notice must be mailed to each local 279 government in the affected area. 280 (b) Public-private partnerships shall be qualified by the 281 department as part of the procurement process as outlined in the 282 procurement documents, provided such process ensures that the 283 private firm meets at least the minimum department standards for 284 qualification in department rule for professional engineering 285 services and road and bridge contracting prior to submitting a 286 proposal under the procurement. 287 (c) The department shall ensure that procurement documents 288 include provisions for performance of the private entity and 289 payment of subcontractors, including, but not limited to, surety 290 bonds, letters of credit, parent company guarantees, and lender 291 and equity partner guarantees. The department shall balance the 292 structure of the security package for the public-private 293 partnership that ensures performance and payment of 294 subcontractors with the cost of the security to ensure the most 295 efficient pricing. 296 (d) After the public notification period has expired, the 297 department shall rank the proposals in order of preference. In 298 ranking the proposals, the department may consider factors that 299 include, but are not limited to, professional qualifications, 300 general business terms, innovative engineering or cost-reduction 301 terms, finance plans, and the need for state funds to deliver 302 the project. If the department is not satisfied with the results 303 of the negotiations, the department may, at its sole discretion, 304 terminate negotiations with the proposer. If these negotiations 305 are unsuccessful, the department may go to the second-ranked and 306 lower-ranked firms, in order, using this same procedure. If only 307 one proposal is received, the department may negotiate in good 308 faith and, if the department is not satisfied with the results 309 of the negotiations, the department may, at its sole discretion, 310 terminate negotiations with the proposer. Notwithstanding this 311 subsection, the department may, at its discretion, reject all 312 proposals at any point in the process up to completion of a 313 contract with the proposer. 314 (e) The department shall provide an independent analysis of 315 the proposed public-private partnership that demonstrates the 316 cost-effectiveness and overall public benefit at the following 317 times: 318 1. Prior to moving forward with the procurement; and 319 2. If the procurement moves forward, prior to awarding the 320 contract. 321 (8) Before or in connection with the negotiation of a 322 comprehensive agreement, the department may enter into an 323 interim agreement with the private entity proposing the 324 development or operation of a qualifying project. An interim 325 agreement does not obligate the department to enter into a 326 comprehensive agreement. The interim agreement is discretionary 327 with the parties and is not required on a project for which the 328 parties may proceed directly to a comprehensive agreement 329 without the need for an interim agreement. An interim agreement 330 must be limited to any of the following provisions that: 331 (a) Authorize the private entity to commence activities for 332 which it may be compensated related to the proposed qualifying 333 project, including, but not limited to, project planning and 334 development, designing, environmental analysis and mitigation, 335 surveying, other activities concerning any part of the proposed 336 qualifying project, and ascertaining the availability of 337 financing for the proposed facility or facilities. 338 (b) Establish the process and timing for the negotiation of 339 the comprehensive agreement. 340 (c) Contain such other provisions related to an aspect of 341 the development or operation of a qualifying project which the 342 department and the private entity deem appropriate. 343 (9)(8)The department may enter into comprehensivepublic344private partnershipagreements that include extended terms 345 providing annual payments for performance based on the 346 availability of service or the facility being open to traffic or 347 based on the level of traffic using the facility. In addition to 348 other provisions in this section, the following provisionsshall349 apply: 350 (a) The annual payments under any such comprehensive 351 agreement mustshallbe included in the department’s tentative 352 work program developed under s. 339.135 and the long-range 353 transportation plan for the applicable metropolitan planning 354 organization developed under s. 339.175. The department shall 355 ensure that annual payments on multiyear comprehensivepublic356private partnershipagreements are prioritized ahead of new 357 capacity projects in the development and updating of the 358 tentative work program. 359 (b) The annual payments are subject to annual appropriation 360 by the Legislature as provided in the General Appropriations Act 361 in support of the first year of the tentative work program. 362 (11)(10)BeforePrior toentering into any comprehensive 363suchagreement in whichwherefunds are committed from the State 364 Transportation Trust Fund, the project must be prioritized as 365 follows: 366 (a) The department, in coordination with the local 367 metropolitan planning organization, shall prioritize projects 368 included in the Strategic Intermodal System 10-year and long 369 range cost-feasible plans. 370 (b) The department, in coordination with the local 371 metropolitan planning organization or local government where 372 there is no metropolitan planning organization, shall prioritize 373 projects, for facilities not on the Strategic Intermodal System, 374 included in the metropolitan planning organization cost-feasible 375 transportation improvement plan and long-range transportation 376 plan. 377 (12)(11)ComprehensivePublic-private partnership378 agreements under this section areshall belimited to a term not 379 exceeding 50 years. Upon making written findings that a 380 comprehensiveanagreement under this section requires a term in 381 excess of 50 years, the secretary of the department may 382 authorize a term of up to 75 years for projects that are 383 partially or completely funded from project user fees. 384 Comprehensive agreements under this section mayshallnot have a 385 term in excess of 75 years unless specifically approved by the 386 Legislature. The department shall identify each new project 387 under this section with a term exceeding 75 years in the 388 transmittal letter that accompanies the submittal of the 389 tentative work program to the Governor and the Legislature in 390 accordance with s. 339.135. 391 (14)(13)In connection with a proposal to finance or 392 refinance a transportation facility pursuant to this section, 393 the department shall consult with the Division of Bond Finance 394 of the State Board of Administration. The department shall 395 notify the division before entering into an interim agreement or 396 comprehensive agreement and provide the division with the 397 information necessary to provide timely consultation and 398 recommendations. The Division of Bond Finance may make an 399 independent recommendation to the Executive Office of the 400 Governor. 401 Section 4. Subsection (5) of section 336.044, Florida 402 Statutes, is amended to read: 403 336.044 Use of recyclable materials in construction.— 404 (5) Notwithstanding any law, rule, or ordinance to the 405 contrary, a local governmental entity may not adopt standards or 406 specifications that are contrary to the department standards or 407 specifications for permissible use of reclaimed asphalt pavement 408 material or deem reclaimed asphalt pavement material asin409construction. For purposes of this section, such material may410not be consideredsolid waste. 411 Section 5. Paragraph (e) of subsection (7) and subsection 412 (13) of section 337.11, Florida Statutes, are amended to read: 413 337.11 Contracting authority of department; bids; emergency 414 repairs, supplemental agreements, and change orders; combined 415 design and construction contracts; progress payments; records; 416 requirements of vehicle registration.— 417 (7) 418 (e) For design-build contracts and phased design-build 419 contracts, the department must receive at least three letters of 420 interest in order to proceed with a request for proposals. The 421 department shall request proposals from no fewer than three of 422 thedesign-buildfirms submitting letters of interest. If a 423design-buildfirm withdraws from consideration after the 424 department requests proposals, the department may continue if at 425 least two proposals are received. 426 (13) Any motor vehicle used inEach contract let by the427department forthe performance of road or bridge construction or 428 maintenance work on a department project mustshall require all429motor vehicles that the contractor operates or causes to be430operated in this state tobe registered in compliance with 431 chapter 320. 432 Section 6. Paragraphs (a) and (d) of subsection (1) of 433 section 337.18, Florida Statutes, are amended to read: 434 337.18 Surety bonds for construction or maintenance 435 contracts; requirement with respect to contract award; bond 436 requirements; defaults; damage assessments.— 437 (1)(a) A surety bond shall be required of the successful 438 bidder in an amount equal to the awarded contract price. 439 However, the department may choose, in its discretion and 440 applicable only to multiyear maintenance contracts, to allow for 441 incremental annual contract bonds that cumulatively total the 442 full, awarded, multiyear contract price. The department may also 443 choose, in its discretion and applicable only to phased design 444 build construction contracts under s. 337.11(7)(b), to allow the 445 issuance of multiple contract performance and payment bonds in 446 succession to align with each phase of the contract to meet the 447 bonding requirement in this subsection. 448 1. The department may waive the requirement for all or a 449 portion of a surety bond if: 450 a. The contract price is $250,000 or less and the 451 department determines that the project is of a noncritical 452 nature and that nonperformance will not endanger public health, 453 safety, or property; 454 b. The prime contractor is a qualified nonprofit agency for 455 the blind or for the other severely handicapped under s. 456 413.036(2); or 457 c. The prime contractor is using a subcontractor that is a 458 qualified nonprofit agency for the blind or for the other 459 severely handicapped under s. 413.036(2). However, the 460 department may not waive more than the amount of the 461 subcontract. 462 2. If the Secretary of Transportation or the secretary’s 463 designee determines that it is in the best interests of the 464 department to reduce the bonding requirement for a project and 465 that to do so will not endanger public health, safety, or 466 property, the department may waive the requirement of a surety 467 bond in an amount equal to the awarded contract price for a 468 project having a contract price of $250 million or more and, in 469 its place, may set a surety bond amount that is a portion of the 470 total contract price and provide an alternate means of security 471 for the balance of the contract amount that is not covered by 472 the surety bond or provide for incremental surety bonding and 473 provide an alternate means of security for the balance of the 474 contract amount that is not covered by the surety bond. Such 475 alternative means of security may include letters of credit, 476 United States bonds and notes, parent company guarantees, and 477 cash collateral. The department may require alternate means of 478 security if a surety bond is waived. The surety on such bond 479 shall be a surety company authorized to do business in the 480 state. All bonds shall be payable to the department and 481 conditioned for the prompt, faithful, and efficient performance 482 of the contract according to plans and specifications and within 483 the time period specified, and for the prompt payment of all 484 persons defined in s. 713.01 furnishing labor, material, 485 equipment, and supplies for work provided in the contract; 486 however, whenever an improvement, demolition, or removal 487 contract price is $25,000 or less, the security may, in the 488 discretion of the bidder, be in the form of a cashier’s check, 489 bank money order of any state or national bank, certified check, 490 or postal money order. The department shall adopt rules to 491 implement this subsection. Such rules shall include provisions 492 under which the department shall refuse to accept bonds on 493 contracts when a surety wrongfully fails or refuses to settle or 494 provide a defense for claims or actions arising under a contract 495 for which the surety previously furnished a bond. 496 (d) An action, except for an action for recovery of 497 retainage, must be instituted by a claimant, whether in privity 498 with the contractor or not, against the contractor or the surety 499 on the payment bond or the payment provisions of a combined 500 payment and performance bond within 365 days after the 501 performance of the labor or completion of delivery of the 502 materials or supplies. An action for recovery of retainage must 503 be instituted against the contractor or the surety within 365 504 days after final acceptance of the contract work by the 505 department. A claimant may not waive in advance his or her right 506 to bring an action under the bond against the surety. In any 507 action brought to enforce a claim against a payment bond under 508 this section, the prevailing party is entitled to recover a 509 reasonable fee for the services of his or her attorney for trial 510 and appeal or for arbitration, in an amount to be determined by 511 the court, which fee must be taxed as part of the prevailing 512 party’s costs, as allowed in equitable actions. 513 Section 7. Section 337.195, Florida Statutes, is amended to 514 read: 515 337.195 Limits on liability.— 516 (1) In a civil action for the death of or injury to a 517 person, or for damage to property, against the Department of 518 Transportation or its agents, consultants, or contractors for 519 work performed on a highway, road, street, bridge, or other 520 transportation facility when the death, injury, or damage 521 resulted from a motor vehicle crash within a construction zone 522 in which the driver of one of the vehicles was under the 523 influence of alcoholic beverages as set forth in s. 316.193, 524 under the influence of any chemical substance as set forth in s. 525 877.111, or illegally under the influence of any substance 526 controlled under chapter 893, excluding low-THC cannabis, to the 527 extent that her or his normal faculties were impaired or that 528 she or he operated a vehicle recklessly as defined in s. 529 316.192, it is presumed that the driver’s operation of the 530 vehicle was the sole proximate cause of her or his own death, 531 injury, or damage. This presumption can be overcome if the gross 532 negligence or intentional misconduct of the Department of 533 Transportation, or of its agents, consultants, or contractors, 534 was a proximate cause of the driver’s death, injury, or damage. 535 (2)(a) For purposes of this section, the term: 536 1. “Contract documents” has the same meaning as in the 537 department’s Standard Specifications for Road and Bridge 538 Construction applicable under the contract between the 539 department and the contractor. 540 2. “Contractor” means a person or an entity, at any 541 contractual tier, including any member of a design-build team 542 pursuant to s. 337.11, who constructs, maintains, or repairs a 543 highway, road, street, bridge, or other transportation facility 544 for the department in connection with a department project. 545 3. “Design engineer” means a person or an entity, including 546 the design consultant of a design-build team, who contracts at 547 any tier to prepare or provide engineering plans, including 548 traffic control plans, for the construction or repair of a 549 highway, road, street, bridge, or other department 550 transportation facility for the department or in connection with 551 a department project. 552 4. “Traffic control plans” means the maintenance of traffic 553 plans designed by a professional engineer, or otherwise in 554 accordance with the department’s standard plans, and approved by 555 the department. 556 (b) A contractor is not liable for personal injury, 557 property damage, or death arising from any of the following: 558 1. The performance of the construction, maintenance, or 559 repair of the transportation facility, if, at the time the 560 personal injury, property damage, or death occurred, the 561 contractor was in compliance with the contract documents 562 material to the personal injury, property damage, or death. 563 2. Acts or omissions of a third party that furnishes or 564 contracts at any contractual level to furnish services or 565 materials to the transportation facility, including any 566 subcontractor; sub-subcontractor; laborer; materialman; owner, 567 lessor, or driver of a motor vehicle, trailer, semitrailer, 568 truck, heavy truck, truck tractor, or commercial motor vehicle, 569 as those terms are defined in s. 320.01; or any person who 570 performs services as an architect, a landscape architect, an 571 interior designer, an engineer, or a surveyor and mapper. 572 3. Acts or omissions of a third party who trespasses within 573 the limits of the transportation facility or otherwise is not 574 authorized to enter the area of the transportation facility in 575 which the personal injury, property damage, or death occurred. 576 4. Acts or omissions of a third party who damages, 577 modifies, moves, or removes any traffic control device, warning 578 device, barrier, or other facility or device used for the 579 public’s safety and conveniencewho constructs, maintains, or580repairs a highway, road, street, bridge, or other transportation581facility for the Department of Transportation is not liable to a582claimant for personal injury, property damage, or death arising583from the performance of the construction, maintenance, or repair584if, at the time of the personal injury, property damage, or585death, the contractor was in compliance with contract documents586material to the condition that was the proximate cause of the587personal injury, property damage, or death. 588 (c)(a)The limitationslimitationon liability contained in 589 this subsection dodoesnot apply when the proximate cause of 590 the personal injury, property damage, or death is a latent 591 condition, defect, error, or omission that was created by the 592 contractor and not a defect, error, or omission in the contract 593 documents; or when the proximate cause of the personal injury, 594 property damage, or death was the contractor’s failure to 595perform, update, orcomply with themaintenance of thetraffic 596 control planssafety planas required by the contract documents. 597 (d)(b)Nothing inThis subsection may notshallbe 598 interpreted or construed as relieving the contractor of any 599 obligation to provide the departmentof Transportationwith 600 written notice of any apparent error or omission in the contract 601 documents, or as relieving the contractor of his or her contract 602 responsibility to manage the work of others performing under the 603 contract. 604 (e)(c)Nothing inThis subsection may notshallbe 605 interpreted or construed to alter or affect any claim of the 606 departmentof Transportationagainst such contractor. 607 (f)(d)This subsection does not affect any claim of any 608 entity against such contractor, which claim is associated with 609 such entity’s facilities on or in departmentof Transportation610 roads or other transportation facilities. 611 (g) This subsection may not be interpreted or construed to 612 alter or amend any of the provisions of chapter 440, which shall 613 take precedence in the event of any conflict with this 614 subsection. 615 (h) This subsection does not preclude liability where the 616 contractor’s negligence is the proximate cause of the personal 617 injury, property damage, or death. 618 (3) In all cases involving personal injury, property 619 damage, or death, a design engineer isperson or entity who620contracts to prepare or provide engineering plans for the621construction or repair of a highway, road, street, bridge, or622other transportation facility for the Department of623Transportation shall bepresumed to have preparedsuch624 engineering plans using the degree of care and skill ordinarily 625 exercised by other engineers in the field under similar 626 conditions and in similar localities and with due regard for 627 acceptable engineering standards and principles if the 628 engineering plans conformed to the department’sDepartment of629Transportation’sdesign standards material to the condition or 630 defect that was the proximate cause of the personal injury, 631 property damage, or death. This presumption can be overcome only 632 upon a showing of the design engineer’sperson’s or entity’s633 gross negligence in the preparation of the engineering plans and 634 mayshallnot be interpreted or construed to alter or affect any 635 claim of the departmentof Transportationagainst such design 636 engineerperson or entity. The limitation on liability contained 637 in this subsection doesshallnot apply to any hidden or 638 undiscoverable condition created by the design engineer. This 639 subsection does not affect any claim of any entity against such 640 design engineeror engineering firm, which claim is associated 641 with such entity’s facilities on or in departmentof642Transportationroads or other transportation facilities. 643(4) In any civil action for death, injury, or damages644against the Department of Transportation or its agents,645consultants, engineers, or contractors for work performed on a646highway, road, street, bridge, or other transportation facility,647if the department, its agents, consultants, engineers, or648contractors are immune from liability pursuant to this section649or are not parties to the litigation, they may not be named on650the jury verdict form or be found to be at fault or responsible651for the injury, death, or damage that gave rise to the damages.652 Section 8. Section 339.2820, Florida Statutes, is created 653 to read: 654 339.2820 Local agency program.— 655 (1) There is created within the department a local agency 656 program for the purpose of providing assistance to subrecipient 657 agencies, which include counties, municipalities, 658 intergovernmental agencies, and other eligible governmental 659 entities, to develop, design, and construct transportation 660 facilities using federal funds allocated to the department from 661 federal agencies which are suballocated to local agencies. The 662 department shall update the project cost estimate in the year 663 the project is granted to the local agency and include a 664 contingency amount as part of the project cost estimate. 665 (2) The department is authorized to oversee projects funded 666 by the Federal Highway Administration. 667 (3) Local agencies shall prioritize budgeting local 668 projects through their respective M.P.O.’s or governing boards 669 so that those organizations or boards may receive reimbursement 670 for the services they provide to the public which are in 671 compliance with applicable federal laws, rules, and regulations. 672 (4) Federal-aid highway funds are available only to local 673 agencies that are certified by the department based on the 674 agencies’ qualifications, experience, and ability to comply with 675 federal requirements, and their ability to undertake and 676 satisfactorily complete the work. 677 (5) Local agencies shall include in their contracts to 678 develop, design, or construct transportation facilities the 679 department’s Division I General Requirements and Covenants for 680 local agencies as well as a contingency amount to cover costs 681 incurred due to unforeseen conditions. 682 Section 9. Subsection (3) of section 339.2825, Florida 683 Statutes, is amended to read: 684 339.2825 Approval of contractor-financed projects.— 685 (3) This section does not apply to a comprehensivepublic686private partnershipagreement authorized in s. 334.30(2)(a). 687 Section 10. This act shall take effect July 1, 2024.