2024 Session Off to a Sluggish Start

By Allen Douglas Executive Director, FES and ACEC Florida

In a typical year, there are roughly 3,000 bills filed in the Florida legislature, and less than 10% pass. With only six weeks before the start of the 2024 legislative session, just over 700 bills have been filed. We can expect the month of December and the first week of January to be very busy.

ACEC Florida and FES have proposed legislation to clarify that Construction Engineering and Inspection (CEI) professionals working as sub-consultants have sovereign immunity protection on Florida Department of Transportation (FDOT) road and bridge projects as agents of the state. The need for the legislation arises from a recent 4th Circuit Court decision that held CEI professionals do not have the protection because they do not have a contract with FDOT.

Senator Jennifer Bradley and Representative Kaylee Tuck are sponsoring the legislation. Representative Tuck has filed HB 619, and we are awaiting the Senate bill.

Additionally, we are currently tracking about three dozen bills, most of which are not significant at this point but could lead to certain statutes or issues where future amendments could make them consequential. There are a handful of bills filed that have our attention.

These include:

• HB 149 — CONTINUING CONTRACTS would raise the threshold for construction projects that must comply with the Consultant’s Competitive Negotiation Act (CCNA) from $4 million to $10 million. Supporters assert the threshold should be raised to account for increased construction costs over the last few years to avoid delays on these smaller projects. A Senate bill has not yet been filed.

  HB 149 also includes a provision specific to FDOT requiring the selection of three to five geotechnical and material testing firms under a continuing contract, and authorizing work to the selected firms on a “rotational and equitable" basis.

• HB 479 — ALTERNATIVE MOBILITY FUNDING SYSTEMS would limit the use of impact fees in areas being developed but would allow undefined alternatives for local governments.

FES and ACEC Florida continue to work with the Department of Environmental Protection (DEP) on the proposed stormwater rule requiring a 55% reduction in nitrogen and phosphorus for new development and transportation projects. The rule has been adopted by the DEP, but due to the associated costs must be ratified by the legislature.

We expect a ratification bill to be filed, and we expect opposition from many interested parties. Should the legislature choose not to adopt the rule, the rulemaking process would need to begin again, or the legislature could codify all or parts of the rule into statute.

Efforts are also underway to create a funding mechanism for work in the water resources arena. A recent report from Florida TaxWatch emphasizes the need for a funding system similar to FDOT’s work program. ACEC Florida and FES have supported such a proposal for several years and welcome the research done by Florida TaxWatch. Obviously, these are crucial issues for Florida’s engineering community. There will be many more before the session ends in March. Please stay tuned.

Editor’s Note: This article was written on November 30, so expect that much more information will be available at publication. A complete legislative report with updated information can be found by visiting either the FES (fleng.org) or ACEC Florida (acecfl.org) websites.