Florida Statutes Title XXVI Chapter 337 - Contracting; Acquisition, Disposal, And Use Of Property

• 337.015 - Administration Of Public Contracts.
  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...
• 337.02 - Purchases By Department Subject To Competitive Bids; Advertisement; Emergency Purchases; Bid Specifications.
  (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...
• 337.023 - Sale Of Building; Acceptance Of Replacement Building.
  Notwithstanding the provisions of s. 216.292(2)(b)2., if the department sells a building, the department may accept the construction of a replacement building, in response to...
• 337.025 - Innovative Highway Projects; Department To Establish Program.
  (1) The department is authorized to establish a program for highway projects demonstrating innovative techniques of highway construction, maintenance, and finance which have the intended effect...
• 337.026 - Authority Of Department To Enter Into Agreements For Construction Aggregate Materials.
  (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...
• 337.0261 - Construction Aggregate Materials.
  (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...
• 337.03 - Authority Of Department To Purchase Surplus Properties From The Federal Government.
  (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...
• 337.105 - Qualifications Of Professional Consultants And Other Providers Of Contractual Services; Performance Bonds; And Audits Of Indirect Costs.
  (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...
• 337.106 - Professional Service Providers; Requirement For Professional Liability Insurance.
  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...
• 337.107 - Contracts For Right-of-way Services.
  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...
• 337.1075 - Contracts For Planning Services.
  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...
• 337.108 - Hazardous Materials And Pollutants; Indemnification.
  (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...
• 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.
  (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...
• 337.111 - Contracting For Monuments And Memorials To Military Veterans At Rest Areas.
  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...
• 337.125 - Socially And Economically Disadvantaged Business Enterprises; Notice Requirements.
  (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...
• 337.135 - Socially And Economically Disadvantaged Business Enterprises; Punishment For False Representation.
  (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...
• 337.139 - Efforts To Encourage Awarding Contracts To Disadvantaged Business Enterprises.
  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...
• 337.14 - Application For Qualification; Certificate Of Qualification; Restrictions; Request For Hearing.
  (1) Any person desiring to bid for the performance of any construction contract in excess of $250,000 which the department proposes to let must first be...
• 337.141 - Payment Of Construction Or Maintenance Contracts.
  (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...
• 337.145 - Offsetting Payments.
  (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...
• 337.16 - Disqualification Of Delinquent Contractors From Bidding; Determination Of Contractor Nonresponsibility; Denial, Suspension, And Revocation Of Certificates Of Qualification; Grounds; Hearing.
  (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,...
• 337.162 - Professional Services.
  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...
• 337.164 - Legislative Intent With Respect To Integrity Of Public Contracting Process.
  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...
• 337.165 - Contract Crime; Denial Or Revocation Of A Certificate Of Qualification.
  (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...
• 337.166 - Moneys Recovered For Violations Of Antitrust Laws.
  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...
• 337.167 - Administrative Procedures; Stays And Injunctions.
  (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...
• 337.168 - Confidentiality Of Official Estimates, Identities Of Potential Bidders, And Bid Analysis And Monitoring System.
  (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....
• 337.169 - Effect Of Ch. 83-4 On Existing Remedies.
  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...
• 337.17 - Bid Guaranty.
  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...
• 337.175 - Retainage.
  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,...
• 337.18 - Surety Bonds For Construction Or Maintenance Contracts; Requirement With Respect To Contract Award; Bond Requirements; Defaults; Damage Assessments.
  (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...
• 337.185 - State Arbitration Board.
  (1) To facilitate the prompt settlement of claims for additional compensation arising out of construction and maintenance contracts between the department and the various contractors with...
• 337.19 - Suits By And Against Department; Limitation Of Actions; Forum.
  (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...
• 337.195 - Limits On Liability.
  (1) In a civil action for the death of or injury to a person, or for damage to property, against the Department of Transportation or its...
• 337.221 - Claims Settlement Process.
  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...
• 337.242 - Acquisition Of Rail Corridors.
  (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...
• 337.243 - Notification Of Land Use Changes In Designated Transportation Corridors.
  (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...
• 337.25 - Acquisition, Lease, And Disposal Of Real And Personal Property.
  (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...
• 337.2505 - Donations For Landscape Projects.
  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...
• 337.251 - Lease Of Property For Joint Public-private Development And Areas Above Or Below Department Property.
  (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,...
• 337.26 - Execution And Effect Of Instruments Of Sale, Lease, Or Conveyance Executed By Department.
  (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...
• 337.27 - Exercise Of Power Of Eminent Domain By Department; Procedure; Title; Cost.
  (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,...
• 337.273 - Transportation Corridors.
  (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...
• 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.
  (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...
• 337.274 - Authority Of Department Agent Or Employee To Enter Lands, Waters, And Premises Of Another In The Performance Of Duties.
  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,...
• 337.276 - Issuance Of Bonds For Right-of-way Land Acquisition And State Bridge Construction.
  (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...
• 337.29 - Vesting Of Title To Roads; Liability For Torts.
  (1) Title to all roads designated in the State Highway System or State Park Road System shall be in the state, unless otherwise provided herein.(2) Upon the...
• 337.401 - Use Of Right-of-way For Utilities Subject To Regulation; Permit; Fees.
  (1)(a) The department and local governmental entities, referred to in ss. 337.401-337.404 as the “authority,” that have jurisdiction and control of public roads or publicly owned...
• 337.402 - Damage To Public Road Caused By Utility.
  When any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a...
• 337.403 - Interference Caused By Utility; Expenses.
  (1) If a utility that is placed upon, under, over, or along any public road or publicly owned rail corridor is found by the authority to...
• 337.404 - Removal Or Relocation Of Utility Facilities; Notice And Order; Court Review.
  (1) Whenever it becomes necessary for the authority to perform utility work as provided in s. 337.403, the owner of the utility or the owner’s chief...
• 337.405 - Trees Or Other Vegetation Within Rights-of-way Of State Highway System Or Publicly Owned Rail Corridors; Removal Or Damage; Penalty.
  (1) The removal, cutting, marring, defacing, or destruction of any trees or other vegetation, either by direct personal action or by causing any other person to...
• 337.406 - Unlawful Use Of State Transportation Facility Right-of-way; Penalties.
  (1) Except when leased as provided in s. 337.25(5) or otherwise authorized by the rules of the department, it is unlawful to make any use of...
• 337.4061 - Definitions; Unlawful Use Of State-maintained Road Right-of-way By Nonfranchised Cable And Video Services.
  (1) As used in this section, the term:(a) “Cable service” means:1. The one-way transmission to subscribers of video programming or any other programming service; and2. Subscriber interaction, if any,...
• 337.407 - Regulation Of Signs And Lights Within Rights-of-way.
  (1) No person shall erect any sign, as defined in chapter 479, or light within the right-of-way limits of any road on the interstate highway system,...
• 337.408 - Regulation Of Bus Stops, Benches, Transit Shelters, Street Light Poles, Waste Disposal Receptacles, And Modular News Racks Within Rights-of-way.
  (1) Benches or transit shelters, including advertising displayed on benches or transit shelters, may be installed within the right-of-way limits of any municipal, county, or state...
• 337.409 - Willfully Or Maliciously Removing, Damaging, Destroying, Altering, Or Appropriating Benches, Transit Shelters, Waste Receptacles, Or Advertising Displayed Thereon; Penalty.
  Any person who willfully or maliciously removes, damages, destroys, tampers with or alters in any way a bench, transit shelter, or waste receptacle, or advertising...

Last modified: September 23, 2016