(1) To implement this policy, the department shall establish a process to resolve claims for additional monetary compensation, time, or other adjustments to the contract.
(2) The department shall document its final decision on all claims, including reasonable support for its decision.
(3) On all claims resolutions resulting in increases of the contract by more than $500,000, a responsible department director, after reasonable inquiry, shall:
(a) Certify that no known facts or circumstances relating to the resolution of the claim indicate any improper intervention or influence, or attempts at any such intervention or influence, on behalf of the consultant or contractor; or
(b) Report to the secretary of the department that facts or circumstances exist that indicate improper intervention or influence, or attempts at such improper intervention or influence, on behalf of the consultant or contractor.
Any such certification or report shall be verified in accordance with s. 92.525.
(4) The recovery for a claim not resolved through the department’s claim settlement process shall only be pursued through state arbitration board or circuit court proceedings, as provided by law.
(5) The department shall annually file a summary report on claim settlements to the transportation committees of the Legislature by October 1 each year. The report shall provide sufficient information to determine whether further inquiry into the claims settlement process is warranted.
History.—s. 13, ch. 87-100; s. 41, ch. 90-136; s. 124, ch. 92-152; s. 71, ch. 94-237; s. 38, ch. 95-257.
Structure Florida Statutes
Title XXVI - Public Transportation
Chapter 337 - Contracting; Acquisition, Disposal, and Use of Property
337.015 - Administration of Public Contracts.
337.023 - Sale of Building; Acceptance of Replacement Building.
337.025 - Innovative Transportation Projects; Department to Establish Program.
337.026 - Authority of Department to Enter Into Agreements for Construction Aggregate Materials.
337.0261 - Construction Aggregate Materials.
337.027 - Authority to Implement a Business Development Program.
337.03 - Authority of Department to Purchase Surplus Properties From the Federal Government.
337.106 - Professional Service Providers; Requirement for Professional Liability Insurance.
337.107 - Contracts for Right-of-Way Services.
337.1075 - Contracts for Planning Services.
337.108 - Hazardous Materials and Pollutants; Indemnification.
337.111 - Contracting for Monuments and Memorials to Military Veterans at Rest Areas.
337.125 - Socially and Economically Disadvantaged Business Enterprises; Notice Requirements.
337.139 - Efforts to Encourage Awarding Contracts to Disadvantaged Business Enterprises.
337.141 - Payment of Construction or Maintenance Contracts.
337.145 - Offsetting Payments.
337.162 - Professional Services.
337.164 - Legislative Intent With Respect to Integrity of Public Contracting Process.
337.165 - Contract Crime; Denial or Revocation of a Certificate of Qualification.
337.166 - Moneys Recovered for Violations of Antitrust Laws.
337.167 - Administrative Procedures; Stays and Injunctions.
337.169 - Effect of Ch. 83-4 on Existing Remedies.
337.185 - State Arbitration Board.
337.19 - Suits by and Against Department; Limitation of Actions; Forum.
337.195 - Limits on Liability.
337.221 - Claims Settlement Process.
337.242 - Acquisition of Rail Corridors.
337.243 - Notification of Land Use Changes in Designated Transportation Corridors.
337.25 - Acquisition, Lease, and Disposal of Real and Personal Property.
337.2505 - Donations for Landscape Projects.
337.26 - Execution and Effect of Instruments of Sale, Lease, or Conveyance Executed by Department.
337.27 - Exercise of Power of Eminent Domain by Department; Procedure; Title; Cost.
337.273 - Transportation Corridors.
337.276 - Issuance of Bonds for Right-of-Way Land Acquisition and State Bridge Construction.
337.29 - Vesting of Title to Roads; Liability for Torts.
337.401 - Use of Right-of-Way for Utilities Subject to Regulation; Permit; Fees.
337.402 - Damage to Public Road Caused by Utility.
337.403 - Interference Caused by Utility; Expenses.
337.404 - Removal or Relocation of Utility Facilities; Notice and Order; Court Review.
337.406 - Unlawful Use of State Transportation Facility Right-of-Way; Penalties.
337.407 - Regulation of Signs and Lights Within Rights-of-Way.