1998 Florida Code
TITLE XXVI PUBLIC TRANSPORTATION
Chapter 337 Contracting; Acquisition, Disposal, And Use Of Property  
337.221   Claims settlement process.

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 and that the department pursue the recovery of additional costs resulting from substandard goods and services provided to the department.

(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.

1(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.

1Note.--Section 39, ch. 95-257, provides that "[t]he deletion of the language in section 337.221(4), Florida Statutes, 1994 Supplement, shall not be construed by any tribunal as evidence of legislative intent to allow such circuit court proceedings prior to acceptance of the project. It is the intent of the Legislature to return this area of the law to the same status which existed prior to May 25, 1994, the date of the enactment of the deleted language."