Chapter 337 — Chapter 337
61 sections in this chapter.
Fla. Stat. § 337.015 Administration of public contracts
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Recognizing that the inefficient and ineffective administration of public contracts inconveniences the traveling public, increases costs to taxpayers, and interferes with commerce, the Legislature hereby determines and declares that:(1) Time is an essential element of the contrac…
Fla. Stat. § 337.02 Purchases by department subject to competitive bids; advertisement; emergency purchases; bid specifications
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(1) Except as provided herein, purchase by the Department of Transportation of commodities, including the advertising and awarding of competitive bids, shall be governed by chapters 283 and 287 and rules adopted by the Department of Management Services pursuant thereto. However, …
Fla. Stat. § 337.023 Sale of building; acceptance of replacement building
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Notwithstanding the provisions of s. 216.292(4)(c), if the department sells a building, the department may accept the construction of a replacement building, in response to a request for proposals, totally or partially in lieu of cash, and may do so without a specific legislative…
Fla. Stat. § 337.025 Innovative transportation projects; department to establish program
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(1) The department may establish a program for transportation projects demonstrating innovative techniques of highway and bridge design, construction, maintenance, and finance which have the intended effect of measuring resiliency and structural integrity and controlling time and…
Fla. Stat. § 337.026 Authority of department to enter into agreements for construction aggregate materials
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(1) The department may pursue procurement techniques that will provide the department with reliable and economic supplies of construction aggregate materials and control time and cost increases on construction projects.(2) The department may enter into agreements with private or …
Fla. Stat. § 337.0261 Construction aggregate materials
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(1) DEFINITIONS.—“Construction aggregate materials” means crushed stone, limestone, dolomite, limerock, shell rock, cemented coquina, sand for use as a component of mortars, concrete, bituminous mixtures, or underdrain filters, and other mined resources providing the basic materi…
Fla. Stat. § 337.02611 Phosphogypsum as a construction aggregate material; study
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(1) The department shall conduct a study to evaluate the suitability of using phosphogypsum as a construction aggregate material as defined in s. 337.0261(1). The department may consider any prior or ongoing studies of phosphogypsum’s road suitability in the fulfillment of this d…
Fla. Stat. § 337.0262 Purchase and use of clay, peat, gravel, sand, or any other solid substance extracted from borrow pits
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(1) The department, and any contractor or subcontractor of the department, may not purchase or use any clay, peat, gravel, sand, or other solid substance extracted from a borrow pit as defined in s. 378.403 unless:(a) Certification is provided to the department, contractor, or su…
Fla. Stat. § 337.027 Authority to implement a business development program
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(1) The department may establish a program for highway projects which would assist small businesses. The purpose of this program is to increase competition, lower prices, and provide increased support to meet the department’s future work program. The program may include, but is n…
Fla. Stat. § 337.03 Authority of department to purchase surplus properties from the Federal Government
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(1) The department is authorized to purchase from the Federal Government any supplies, material, equipment, appliances, or other property at such price and upon such terms as may in the judgment of the department be proper, without first advertising for bids, regardless of the va…
Fla. Stat. § 337.105 Qualifications of professional consultants and other providers of contractual services; performance bonds; and audits of indirect costs
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(1) Before the employment of a professional consultant or other provider of service, the department shall make a finding that the person to be employed is fully qualified to render the desired service. Among the factors to be considered in making this finding are the professional…
Fla. Stat. § 337.106 Professional service providers; requirement for professional liability insurance
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Except for any person or firm providing professional services of a research or training nature, any person or firm rendering legal, architectural, engineering, or other professional services to the department shall have and maintain during the period the services are rendered a p…
Fla. Stat. § 337.107 Contracts for right-of-way services
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The department may enter into contracts pursuant to s. 287.055 for right-of-way services on transportation corridors and transportation facilities. Right-of-way services include negotiation and acquisition services, appraisal services, demolition and removal of improvements, and …
Fla. Stat. § 337.1075 Contracts for planning services
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The department may enter into contracts pursuant to s. 287.055 for professional transportation-related planning services to be provided by planners certified by the American Institute of Certified Planners.
Fla. Stat. § 337.108 Hazardous materials and pollutants; indemnification
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(1) For purposes of this section:(a) The term “hazardous materials” shall have the same meaning as provided in s. 768.128(1)(a).(b) The term “pollutants” shall have the same meaning as provided in s. 376.031.(c) The term “contractor” means any person or firm having a contract for…
Fla. Stat. § 337.11 Contracting authority of department; bids; emergency repairs, supplemental agreements, and change orders; combined design and construction contracts; progress payments; records; requirements of vehicle registration
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(1) The department shall have authority to enter into contracts for the construction and maintenance of all roads designated as part of the State Highway System or the State Park Road System or of any roads placed under its supervision by law. The department shall also have autho…
Fla. Stat. § 337.1101 Contracting and procurement authority of the department; settlements; notification required
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(1) When the department, or any entity or enterprise within the department, determines that it is in the best interest of the public to resolve a protest filed in accordance with s. 120.57(3) of the award of a contract being procured pursuant to s. 337.11 or related to the purcha…
Fla. Stat. § 337.111 Contracting for monuments and memorials to military veterans at rest areas
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The Department of Transportation is authorized to enter into contract with any not-for-profit group or organization that has been operating for not less than 2 years for the installation of monuments and memorials honoring Florida’s military veterans at highway rest areas around …
Fla. Stat. § 337.125 Socially and economically disadvantaged business enterprises; notice requirements
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(1) When contract goals are established, in order to document that a subcontract is with a certified socially and economically disadvantaged business enterprise, the prime contractor must either submit a disadvantaged business enterprise utilization form which has been signed by …
Fla. Stat. § 337.135 Socially and economically disadvantaged business enterprises; punishment for false representation
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(1) It is unlawful for any individual to fraudulently represent an entity as a socially and economically disadvantaged business enterprise for purposes of qualifying for certification as such an enterprise under a program of the department designed to assist socially and economic…
Fla. Stat. § 337.139 Efforts to encourage awarding contracts to disadvantaged business enterprises
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In implementing chapter 90-136, Laws of Florida, the Department of Transportation shall institute procedures to encourage the awarding of contracts for professional services and construction to disadvantaged business enterprises. For the purposes of this section, the term “disadv…
Fla. Stat. § 337.14 Application for qualification; certificate of qualification; restrictions; request for hearing
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(1) Any contractor desiring to bid for the performance of any construction contract in excess of $250,000 which the department proposes to let must first be certified by the department as qualified pursuant to this section and rules of the department. The rules of the department …
Fla. Stat. § 337.141 Payment of construction or maintenance contracts
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(1) As used in this section, the terms “dispute” or “pending claim” refer to a dispute or pending claim between the prime contractor and the department.(2) Each contract for construction or maintenance entered into pursuant to this chapter shall provide for final payment within 7…
Fla. Stat. § 337.145 Offsetting payments
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(1) After settlement, arbitration, or final adjudication of any claim of the department for work done pursuant to a construction contract with any party, the department may offset such amount from payments due for work done on any construction contract, excluding amounts owed to …
Fla. Stat. § 337.16 Disqualification of delinquent contractors from bidding; determination of contractor nonresponsibility; denial, suspension, and revocation of certificates of qualification; grounds; hearing
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(1) A contractor shall not be qualified to bid when an investigation by the department discloses that such contractor is delinquent on a previously awarded contract, and in such case the contractor’s certificate of qualification shall be suspended or revoked. Any contractor whose…
Fla. Stat. § 337.162 Professional services
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Professional services provided to the department that fall below acceptable professional standards may result in transportation project delays, overruns, and reduced facility life. To minimize these effects and ensure that quality services are received, the Legislature hereby dec…
Fla. Stat. § 337.164 Legislative intent with respect to integrity of public contracting process
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Recognizing that the preservation of the integrity of the public contracting process of the department is vital to the development of a balanced and efficient transportation system and is a matter of interest to all the people of the state, the Legislature determines and declares…
Fla. Stat. § 337.165 Contract crime; denial or revocation of a certificate of qualification
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(1) The following words and phrases, when used in this section, have the following meanings:(a) The term “affiliate” means a predecessor or successor of a contractor under the same, or substantially the same, control or a group of business entities which are connected or associat…
Fla. Stat. § 337.166 Moneys recovered for violations of antitrust laws
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In accordance with the provisions of s. 16.53, 30 percent of all moneys recovered from a contractor or its affiliate on behalf of the state by reason of any decree or settlement in any state or federal antitrust claim prosecuted by the Attorney General shall be deposited in the L…
Fla. Stat. § 337.167 Administrative procedures; stays and injunctions
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(1) A certificate to bid on a department contract, or to supply services to the department, is intended to assist the department in determining in advance the performance capabilities of entities seeking to supply goods and services to the department and is not a “license” as def…
Fla. Stat. § 337.168 Confidentiality of official estimates and bid analysis and monitoring system
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(1) A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration.(…
Fla. Stat. § 337.169 Effect of ch. 83-4 on existing remedies
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The provisions of chapter 83-4, Laws of Florida, are not in derogation of existing remedies available to the department, and such remedies remain in full force and effect.
Fla. Stat. § 337.17 Bid guaranty
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The department shall only require guaranty with each bid for a construction contract in excess of $150,000 in an amount to be specified by the department which shall not exceed 10 percent of the preliminary estimate of the cost of the work. The guaranty may, in the discretion of …
Fla. Stat. § 337.175 Retainage
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The department may provide in its construction contracts for retaining a portion of the amount due a contractor for work that the contractor has completed, until completion and final acceptance of the project by the department. If the department allows, contractors may substitute…
Fla. Stat. § 337.18 Surety bonds for construction or maintenance contracts; requirement with respect to contract award; bond requirements; defaults; damage assessments
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(1)(a) A surety bond shall be required of the successful bidder in an amount equal to the awarded contract price. However, the department may choose, in its discretion and applicable only to multiyear maintenance contracts, to allow for incremental annual contract bonds that cumu…
Fla. Stat. § 337.185 State Arbitration Board
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(1) To facilitate the prompt resolution of claims arising out of or in connection with a construction or maintenance contract with the department, the Legislature establishes the State Arbitration Board, referred to in this section as the “board.”(2) As used in this section, the …
Fla. Stat. § 337.19 Suits by and against department; limitation of actions; forum
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(1) Suits at law and in equity may be brought and maintained by and against the department on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive issued by the department pursuant to the written agree…
Fla. Stat. § 337.195 Limits on liability
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(1) As used in this section, the term:(a) “Contract documents” has the same meaning as in the applicable contract between the department and the contractor.(b) “Contractor” means a person or an entity, at any contractual tier, including any member of a design-build team pursuant …
Fla. Stat. § 337.221 Claims settlement process
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It is the intent of the Legislature that a process be created to resolve contractual claims between the department and providers of goods and services and that the department pursue the recovery of additional costs resulting from substandard goods and services provided to the dep…
Fla. Stat. § 337.242 Acquisition of rail corridors
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(1) The Department of Transportation shall contact each railroad company operating in this state and express the department’s interest in acquiring rail corridors and shall request notification as specified in 49 C.F.R. s. 1152.22(a)(6).(2) The department shall maintain a map of …
Fla. Stat. § 337.243 Notification of land use changes in designated transportation corridors
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(1) If a local government designates a transportation corridor that includes a facility on the State Highway System in its local government comprehensive plan and has adopted a transportation corridor management ordinance, the local governmental entity shall give reasonable notic…
Fla. Stat. § 337.25 Acquisition, lease, and disposal of real and personal property
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(1)(a) The department may purchase, lease, exchange, or otherwise acquire any land, property interests, buildings, or other improvements, including personal property within such buildings or on such lands, necessary to secure or use transportation rights-of-way for existing, prop…
Fla. Stat. § 337.2505 Donations for landscape projects
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The Department of Transportation is authorized to accept donations of plans, materials, installation, and maintenance for landscape projects on the State Highway System.(1) The department shall adopt rules for review and permitting of landscape donations. The rules must include, …
Fla. Stat. § 337.251 Lease of property for joint public-private development and areas above or below department property
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(1) The department may lease to public agencies or private entities, for a term not to exceed 99 years, the use of department property, including rights-of-way, for joint public-private transportation purposes to further economic development in this state and generate revenue for…
Fla. Stat. § 337.26 Execution and effect of instruments of sale, lease, or conveyance executed by department
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(1) An instrument of sale, lease, or conveyance executed in the name of the department, and signed by the department’s chief administrative officer of the district in which the property is located, or, if the property is located on the turnpike system, by the chief administrative…
Fla. Stat. § 337.27 Exercise of power of eminent domain by department; procedure; title; cost
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(1) The power of eminent domain is vested in the department to condemn all necessary lands and property, including rights of access, air, view, and light, whether public or private, for the purpose of securing and utilizing transportation rights-of-way, including, but not limited…
Fla. Stat. § 337.273 Transportation corridors
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(1) It is hereby found and declared that:(a) Immediate and decisive action must be taken to plan, designate, and develop transportation corridors within this state in order that the public health, safety, and welfare may be protected, preserved, and improved by planning for futur…
Fla. Stat. § 337.2735 Recording of municipal maps of reservation for transportation corridors and transportation facilities; establishment of building setback lines; restrictions on issuance of development permits; hearings
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(1) The governing body of a municipality may approve maps of reservation for any transportation facility or transportation corridor within the municipality’s jurisdiction. Any such maps shall delineate the limits of the transportation corridor or of the proposed rights-of-way for…
Fla. Stat. § 337.274 Authority of department agent or employee to enter lands, waters, and premises of another in the performance of duties
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The department and its authorized agents and employees are authorized to enter upon any lands, waters, and premises, upon giving reasonable notice to the landowner, for the purpose of making surveys, soundings, drillings, appraisals, environmental assessments, archaeological asse…
Fla. Stat. § 337.276 Issuance of bonds for right-of-way land acquisition and state bridge construction
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(1) The Division of Bond Finance of the State Board of Administration is authorized, in accordance with s. 215.605, to issue state bonds on behalf of the department to finance right-of-way land acquisition and to finance state bridge construction. The total amount of bonds to be …