Florida Senate - 2023 CS for CS for CS for SB 1250
By the Committee on Fiscal Policy; the Appropriations Committee
on Transportation, Tourism, and Economic Development; the
Committee on Transportation; and Senator DiCeglie
594-04259-23 20231250c3
1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 amending s. 206.46, F.S.; increasing the maximum
4 amount of debt service coverage that must be
5 transferred from the State Transportation Trust Fund
6 to the Right-of-Way Acquisition and Bridge
7 Construction Trust Fund; amending s. 215.616, F.S.;
8 increasing the maximum term of state bonds for federal
9 aid highway construction; amending s. 288.9606, F.S.;
10 providing construction regarding the proceeds of bonds
11 of the Florida Development Finance Corporation;
12 revising purposes for which the corporation may,
13 without certain authorization from a public agency,
14 issue revenue bonds or other evidence of indebtedness;
15 amending s. 311.101, F.S.; authorizing the department
16 to provide up to 100 percent of project costs for
17 certain eligible projects in rural areas of
18 opportunity; amending s. 316.0777, F.S.; defining the
19 term “law enforcement agency”; authorizing
20 installation of an automated license plate recognition
21 system within the right-of-way of any road on the
22 State Highway System for a specified purpose;
23 providing that such installations are solely within
24 the department’s discretion and must be in accordance
25 with placement and installation guidelines developed
26 by the department; prohibiting use of an automated
27 license plate recognition system to issue a notice of
28 violation or a traffic citation; requiring removal of
29 such a system within a specified timeframe at the
30 expense of the requesting law enforcement agency upon
31 notification by the department; providing that the
32 department is not liable for any damages resulting
33 from the requesting law enforcement agency’s operation
34 of such a system; providing for a maximum period of
35 retention of certain records generated through the use
36 of an automated license plate recognition system;
37 amending s. 330.30, F.S.; prohibiting the department
38 from requiring an applicant to provide a written
39 memorandum of understanding or letter of agreement
40 with other airport sites regarding air traffic pattern
41 separation procedures under certain circumstances;
42 providing exceptions; amending s. 332.007, F.S.;
43 authorizing the department, subject to the
44 availability of appropriated funds, to fund up to 100
45 percent of eligible project costs of certain projects
46 at specified publicly owned, publicly operated
47 airports with no scheduled commercial service;
48 providing prioritization criteria; providing for
49 allocation of any remaining funds; amending s.
50 334.044, F.S.; revising the department’s powers and
51 duties; amending s. 337.025, F.S.; increasing the
52 annual cap on contracts that the department may enter
53 into for innovative transportation projects; revising
54 exceptions to such cap; amending s. 337.11, F.S.;
55 increasing the maximum cost of contracts for
56 construction and maintenance which the department may
57 enter into without advertising and receiving
58 competitive bids; revising requirements for design
59 build contracts; authorizing the department to enter
60 into phased design-build contracts under certain
61 circumstances; providing requirements for design-build
62 and phased design-build contracts; requiring the
63 department to adopt rules for administering phased
64 design-build contracts; amending s. 339.175, F.S.;
65 abolishing the Chairs Coordinating Committee;
66 requiring metropolitan planning organizations serving
67 specified counties to submit a certain feasibility
68 report by a specified date, with certain goals;
69 amending s. 341.052, F.S.; requiring that public
70 transportation development plans of eligible providers
71 of public transit block grants be consistent with the
72 long-range transportation plans of the metropolitan
73 planning area in which the providers are located;
74 amending s. 341.061, F.S.; requiring the department to
75 adopt by rule minimum safety standards for certain
76 fixed-guideway transportation systems; requiring the
77 department to conduct certain structural inspections
78 and follow certain safety protocols during such
79 inspections; amending s. 341.071, F.S.; revising
80 requirements of annual public transit provider
81 reports; requiring each public transit provider to
82 publish on its website, rather than in the local
83 newspaper, certain performance measures; repealing
84 part IV of ch. 348, F.S., relating to the Santa Rosa
85 Bay Bridge Authority; transferring the governance and
86 control of the Santa Rosa Bay Bridge Authority to the
87 department; transferring the remaining assets,
88 facilities, property, and property rights of the
89 authority to the department; providing that the
90 department succeeds to all powers of the authority;
91 authorizing the department to review other contracts,
92 financial obligations, and contractual obligations and
93 liabilities of the authority and to assume legal
94 liability for such obligations determined by the
95 department to be necessary for the continued operation
96 of the bridge system; authorizing the department to
97 transfer the bridge system, or any portion thereof, to
98 become part of the turnpike system; providing
99 effective dates.
100
101 Be It Enacted by the Legislature of the State of Florida:
102
103 Section 1. Subsection (2) of section 206.46, Florida
104 Statutes, is amended to read:
105 206.46 State Transportation Trust Fund.—
106 (2) Notwithstanding any other law, from the revenues
107 deposited into the State Transportation Trust Fund a maximum of
108 7 percent in each fiscal year shall be transferred into the
109 Right-of-Way Acquisition and Bridge Construction Trust Fund
110 created in s. 215.605, as needed to meet the requirements of the
111 documents authorizing the bonds issued or proposed to be issued
112 under ss. 215.605 and 337.276 or at a minimum amount sufficient
113 to pay for the debt service coverage requirements of outstanding
114 bonds. Notwithstanding the 7 percent annual transfer authorized
115 in this subsection, the annual amount transferred under this
116 subsection may not exceed an amount necessary to provide the
117 required debt service coverage levels for a maximum debt service
118 not to exceed $425 $350 million. Such transfer shall be payable
119 primarily from the motor and diesel fuel taxes transferred to
120 the State Transportation Trust Fund from the Fuel Tax Collection
121 Trust Fund.
122 Section 2. Subsection (3) of section 215.616, Florida
123 Statutes, is amended to read:
124 215.616 State bonds for federal aid highway construction.—
125 (3) The term of the bonds may shall not exceed a term of 18
126 12 years. Before Prior to the issuance of bonds, the Department
127 of Transportation must shall determine that annual debt service
128 on all bonds issued pursuant to this section does not exceed 10
129 percent of annual apportionments to the department for federal
130 highway aid in accordance with the provisions of Title 23 of the
131 United States Code.
132 Section 3. Subsections (6) and (7) of section 288.9606,
133 Florida Statutes, are amended to read:
134 288.9606 Issue of revenue bonds.—
135 (6) The proceeds of any bonds of the corporation may not be
136 used, in any manner, to acquire any building or facility that
137 will be, during the pendency of the financing, used by, occupied
138 by, leased to, or paid for by any state, county, or municipal
139 agency or entity. This subsection does not prohibit the use of
140 proceeds of bonds of the corporation for the purpose of
141 financing the acquisition or construction of a transportation
142 facility under a public-private partnership agreement authorized
143 under s. 334.30.
144 (7) Notwithstanding any provision of this section, the
145 corporation in its corporate capacity may, without authorization
146 from a public agency under s. 163.01(7), issue revenue bonds or
147 other evidence of indebtedness under this section to:
148 (a) Finance the undertaking of any project within the state
149 that promotes renewable energy as defined in s. 366.91 or s.
150 377.803;
151 (b) Finance the undertaking of any project within the state
152 that is a project contemplated or allowed under s. 406 of the
153 American Recovery and Reinvestment Act of 2009; or
154 (c) If permitted by federal law, finance qualifying
155 improvement projects within the state under s. 163.08; or
156 (d) Finance the costs of acquisition or construction of a
157 transportation facility by a private entity or consortium of
158 private entities under a public-private partnership agreement
159 authorized under s. 334.30.
160 Section 4. Subsection (6) of section 311.101, Florida
161 Statutes, is amended to read:
162 311.101 Intermodal Logistics Center Infrastructure Support
163 Program.—
164 (6) The department shall provide up to 50 percent of
165 project costs for eligible projects. For eligible projects in
166 rural areas of opportunity designated in accordance with s.
167 288.0656(7)(a), the department may provide up to 100 percent of
168 project costs.
169 Section 5. Section 316.0777, Florida Statutes, is amended
170 to read:
171 316.0777 Automated license plate recognition systems;
172 installation within the rights-of-way of the State Highway
173 System; public records exemption.—
174 (1) As used in this section, the term:
175 (a) “Active,” “criminal intelligence information,” and
176 “criminal investigative information” have the same meanings as
177 provided in s. 119.011(3).
178 (b) “Agency” has the same meaning as provided in s.
179 119.011.
180 (c) “Automated license plate recognition system” means a
181 system of one or more mobile or fixed high-speed cameras
182 combined with computer algorithms to convert images of license
183 plates into computer-readable data.
184 (d) “Criminal justice agency” has the same meaning as
185 provided in s. 119.011.
186 (2)(a) As used in this subsection, the term “law
187 enforcement agency” means an agency that has a primary mission
188 of preventing and detecting crime and enforcing state penal,
189 criminal, traffic, and motor vehicle laws and in furtherance of
190 that mission employs law enforcement officers as defined in s.
191 943.10(1).
192 (b) At the discretion of the Department of Transportation,
193 an automated license plate recognition system may be installed
194 within the rights-of-way, as defined in s. 334.03(21), of any
195 road on the State Highway System when installed at the request
196 of a law enforcement agency for the purpose of collecting active
197 criminal intelligence information or active criminal
198 investigative information as those terms are described in s.
199 119.011(3). Such installations must be in accordance with
200 placement and installation guidelines developed by the
201 Department of Transportation. An automated license plate
202 recognition system may not be used to issue a notice of
203 violation or a traffic citation. An automated license plate
204 recognition system must be removed within 30 days after the
205 Department of Transportation notifies the requesting law
206 enforcement agency that such removal must occur.
207 (c) Installation and removal of an automated license plate
208 recognition system is at the sole expense of the requesting law
209 enforcement agency. The Department of Transportation is not
210 liable for any damages caused to any person by the requesting
211 law enforcement agency’s operation of such a system.
212 (d) Records containing images and data generated through
213 use of an automated license plate recognition system may not be
214 retained longer than the maximum period provided in the
215 retention schedule established pursuant to s. 316.0778.
216 (3)(2) The following information held by an agency is
217 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
218 of the State Constitution:
219 (a) Images and data containing or providing personal
220 identifying information obtained through the use of an automated
221 license plate recognition system.
222 (b) Personal identifying information of an individual in
223 data generated or resulting from images obtained through the use
224 of an automated license plate recognition system.
225 (4)(3) Such information may be disclosed as follows:
226 (a) Any such information may be disclosed by or to a
227 criminal justice agency in the performance of the criminal
228 justice agency’s official duties.
229 (b) Any such information relating to a license plate
230 registered to an individual may be disclosed to the individual,
231 unless such information constitutes active criminal intelligence
232 information or active criminal investigative information.
233 (5)(4) This exemption applies to such information held by
234 an agency before, on, or after the effective date of this
235 exemption.
236 Section 6. Effective upon this act becoming a law, present
237 paragraphs (d) through (g) of subsection (1) of section 330.30,
238 Florida Statutes, are redesignated as paragraphs (e) through
239 (h), respectively, and a new paragraph (d) is added to that
240 subsection, to read:
241 330.30 Approval of airport sites; registration and
242 licensure of airports.—
243 (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
244 REVOCATION.—
245 (d) For the purpose of granting site approval, the
246 department may not require an applicant to provide a written
247 memorandum of understanding or letter of agreement with other
248 airport sites regarding air traffic pattern separation
249 procedures unless such memorandum or letter is required by the
250 Federal Aviation Administration or is deemed necessary by the
251 department.
252 Section 7. Subsection (10) is added to section 332.007,
253 Florida Statutes, to read:
254 332.007 Administration and financing of aviation and
255 airport programs and projects; state plan.—
256 (10) Subject to the availability of appropriated funds, and
257 unless otherwise provided in the General Appropriations Act or
258 the substantive bill implementing the General Appropriations
259 Act, the department may fund up to 100 percent of eligible
260 project costs of all of the following at a publicly owned,
261 publicly operated airport located in a rural community as
262 defined in s. 288.0656 which does not have any scheduled
263 commercial service:
264 (a) The capital cost of runway and taxiway projects that
265 add capacity. Such projects must be prioritized based on the
266 amount of available nonstate matching funds.
267 (b) Economic development transportation projects pursuant
268 to s. 339.2821.
269
270 Any remaining funds must be allocated for projects specified in
271 subsection (6).
272 Section 8. Subsection (5) of section 334.044, Florida
273 Statutes, is amended, and subsection (36) is added to that
274 section, to read:
275 334.044 Powers and duties of the department.—The department
276 shall have the following general powers and duties:
277 (5) To purchase, lease, or otherwise acquire property and
278 materials, including the purchase of promotional items as part
279 of public information and education campaigns for the promotion
280 of scenic highways, traffic and train safety awareness,
281 alternatives to single-occupant vehicle travel, and commercial
282 motor vehicle safety, electric vehicle use and charging
283 stations, autonomous vehicles, and context design for electric
284 vehicles and autonomous vehicles; to purchase, lease, or
285 otherwise acquire equipment and supplies; and to sell, exchange,
286 or otherwise dispose of any property that is no longer needed by
287 the department.
288 (36) To expend funds, at the department’s discretion, for
289 training, testing, and licensing for full-time employees of the
290 department who are required to have a valid Class A or Class B
291 commercial driver license as a condition of employment with the
292 department.
293 Section 9. Section 337.025, Florida Statutes, is amended to
294 read:
295 337.025 Innovative transportation projects; department to
296 establish program.—
297 (1) The department may establish a program for
298 transportation projects demonstrating innovative techniques of
299 highway and bridge design, construction, maintenance, and
300 finance which have the intended effect of measuring resiliency
301 and structural integrity and controlling time and cost increases
302 on construction projects. Such techniques may include, but are
303 not limited to, state-of-the-art technology for pavement,
304 safety, and other aspects of highway and bridge design,
305 construction, and maintenance; innovative bidding and financing
306 techniques; accelerated construction procedures; and those
307 techniques that have the potential to reduce project life cycle
308 costs. To the maximum extent practical, the department must use
309 the existing process to award and administer construction and
310 maintenance contracts. When specific innovative techniques are
311 to be used, the department is not required to adhere to those
312 provisions of law that would prevent, preclude, or in any way
313 prohibit the department from using the innovative technique.
314 However, before using an innovative technique that is
315 inconsistent with another provision of law, the department must
316 document in writing the need for the exception and identify what
317 benefits the traveling public and the affected community are
318 anticipated to receive. The department may enter into no more
319 than $200 $120 million in contracts awarded annually for the
320 purposes authorized by this section.
321 (2) The annual cap on contracts provided in subsection (1)
322 does not apply to:
323 (a) turnpike enterprise projects.
324 (b) Low-bid design-build milling and resurfacing contracts.
325 Section 10. Paragraph (c) of subsection (6) and subsection
326 (7) of section 337.11, Florida Statutes, are amended to read:
327 337.11 Contracting authority of department; bids; emergency
328 repairs, supplemental agreements, and change orders; combined
329 design and construction contracts; progress payments; records;
330 requirements of vehicle registration.—
331 (6)
332 (c) When the department determines that it is in the best
333 interest of the public for reasons of public concern, economy,
334 improved operations, or safety, and only when circumstances
335 dictate rapid completion of the work, the department may, up to
336 the amount of $500,000 $250,000, enter into contracts for
337 construction and maintenance without advertising and receiving
338 competitive bids. The department may enter into such contracts
339 only upon a determination that the work is necessary for one of
340 the following reasons:
341 1. To ensure timely completion of projects or avoidance of
342 undue delay for other projects;
343 2. To accomplish minor repairs or construction and
344 maintenance activities for which time is of the essence and for
345 which significant cost savings would occur; or
346 3. To accomplish nonemergency work necessary to ensure
347 avoidance of adverse conditions that affect the safe and
348 efficient flow of traffic.
349
350 The department shall make a good faith effort to obtain two or
351 more quotes, if available, from qualified contractors before
352 entering into any contract. The department shall give
353 consideration to disadvantaged business enterprise
354 participation. However, when the work exists within the limits
355 of an existing contract, the department shall make a good faith
356 effort to negotiate and enter into a contract with the prime
357 contractor on the existing contract.
358 (7)(a) If the department determines that it is in the best
359 interests of the public, the department may combine the design
360 and construction phases of a building, a major bridge, a limited
361 access facility, or a rail corridor project into a single
362 contract. Such contract is referred to as a design-build
363 contract.
364 (b) If the department determines that it is in the best
365 interests of the public, the department may combine the design
366 and construction phases of a project fully funded in the work
367 program into a single contract and select the design-build firm
368 in the early stages of a project to ensure that the design-build
369 firm is part of the collaboration and development of the design
370 as part of a step-by-step progression through construction. Such
371 a contract is referred to as a phased design-build contract. For
372 phased design-build contracts, selection and award must include
373 a two-phase process. For phase one, the department shall
374 competitively award the contract to a design-build firm based
375 upon qualifications. For phase two, the design-build firm shall
376 competitively bid construction trade subcontractor packages and,
377 based upon these bids, negotiate with the department a fixed
378 firm price or guaranteed maximum price that meets the project
379 budget and scope as advertised in the request for
380 qualifications.
381 (c) Design-build contracts and phased design-build
382 contracts may be advertised and awarded notwithstanding the
383 requirements of paragraph (3)(c). However, construction
384 activities may not begin on any portion of such projects for
385 which the department has not yet obtained title to the necessary
386 rights-of-way and easements for the construction of that portion
387 of the project has vested in the state or a local governmental
388 entity and all railroad crossing and utility agreements have
389 been executed. Title to rights-of-way shall be deemed to have
390 vested in the state when the title has been dedicated to the
391 public or acquired by prescription.
392 (d)(b) The department shall adopt by rule procedures for
393 administering design-build and phased design-build contracts.
394 Such procedures shall include, but not be limited to:
395 1. Prequalification requirements.
396 2. Public announcement procedures.
397 3. Scope of service requirements.
398 4. Letters of interest requirements.
399 5. Short-listing criteria and procedures.
400 6. Bid proposal requirements.
401 7. Technical review committee.
402 8. Selection and award processes.
403 9. Stipend requirements.
404 (e)(c) The department must receive at least three letters
405 of interest in order to proceed with a request for proposals.
406 The department shall request proposals from no fewer than three
407 of the design-build firms submitting letters of interest. If a
408 design-build firm withdraws from consideration after the
409 department requests proposals, the department may continue if at
410 least two proposals are received.
411 Section 11. Paragraph (i) of subsection (6) of section
412 339.175, Florida Statutes, is amended to read:
413 339.175 Metropolitan planning organization.—
414 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
415 privileges, and authority of an M.P.O. are those specified in
416 this section or incorporated in an interlocal agreement
417 authorized under s. 163.01. Each M.P.O. shall perform all acts
418 required by federal or state laws or rules, now and subsequently
419 applicable, which are necessary to qualify for federal aid. It
420 is the intent of this section that each M.P.O. shall be involved
421 in the planning and programming of transportation facilities,
422 including, but not limited to, airports, intercity and high
423 speed rail lines, seaports, and intermodal facilities, to the
424 extent permitted by state or federal law.
425 (i) By December 31, 2023, There is created the Chairs
426 Coordinating Committee, composed of the M.P.O.’s serving Citrus,
427 Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and
428 Sarasota Counties must submit to the Governor, the President of
429 the Senate, and the Speaker of the House of Representatives a
430 feasibility report exploring the benefits, costs, and process of
431 consolidation into a single M.P.O. serving the contiguous
432 urbanized area, the goal of which is to. The committee must, at
433 a minimum:
434 1. Coordinate transportation projects deemed to be
435 regionally significant by the committee.
436 2. Review the impact of regionally significant land use
437 decisions on the region.
438 3. Review all proposed regionally significant
439 transportation projects in the respective transportation
440 improvement programs which affect more than one of the M.P.O.’s
441 represented on the committee.
442 4. Institute a conflict resolution process to address any
443 conflict that may arise in the planning and programming of such
444 regionally significant projects.
445 Section 12. Subsection (1) of section 341.052, Florida
446 Statutes, is amended to read:
447 341.052 Public transit block grant program; administration;
448 eligible projects; limitation.—
449 (1) There is created a public transit block grant program
450 which shall be administered by the department. Block grant funds
451 shall only be provided to “Section 9” providers and “Section 18”
452 providers designated by the United States Department of
453 Transportation and community transportation coordinators as
454 defined in chapter 427. Eligible providers must establish public
455 transportation development plans consistent, to the maximum
456 extent feasible, with approved local government comprehensive
457 plans of the units of local government in which the provider is
458 located and the long-range transportation plans of the
459 metropolitan planning area in which the provider is located. In
460 developing public transportation development plans, eligible
461 providers must solicit comments from local workforce development
462 boards established under chapter 445. The development plans must
463 address how the public transit provider will work with the
464 appropriate local workforce development board to provide
465 services to participants in the welfare transition program.
466 Eligible providers must provide information to the local
467 workforce development board serving the county in which the
468 provider is located regarding the availability of transportation
469 services to assist program participants.
470 Section 13. Paragraph (a) of subsection (1) of section
471 341.061, Florida Statutes, is amended to read:
472 341.061 Transit safety standards; inspections and system
473 safety reviews.—
474 (1)(a) The department shall adopt by rule minimum safety
475 standards for governmentally owned fixed-guideway transportation
476 systems, and privately owned or operated fixed-guideway
477 transportation systems operating in this state which are
478 financed wholly or partly by state funds, and any governmentally
479 or privately owned fixed-guideway transportation systems
480 operating in this state which are located within an independent
481 special district created by local act which have boundaries
482 within two contiguous counties. Standards must be site-specific
483 for fixed-guideway transportation systems and shall be developed
484 jointly by the department and representatives of the affected
485 systems, giving full consideration to nationwide industry safety
486 norms relating to the development and operation of fixed
487 guideway transportation systems. The department shall conduct
488 structural safety inspections in adherence with s. 335.074 for
489 any fixed-guideway transportation systems that are raised or
490 have bridges, as appropriate. Inspectors must follow
491 departmental safety protocols during safety inspections,
492 including requiring the suspension of system service to ensure
493 safety and welfare of inspectors and the traveling public during
494 such inspections.
495 Section 14. Subsections (2) and (3) of section 341.071,
496 Florida Statutes, are amended to read:
497 341.071 Transit productivity and performance measures;
498 reports.—
499 (2) Each public transit provider shall establish
500 productivity and performance measures, which must be approved by
501 the department and which must be selected from measures
502 developed pursuant to s. 341.041(3). Each provider shall, by
503 January 31 of each year, report to the department relative to
504 these measures. In approving these measures, the department
505 shall give consideration to the goals and objectives of each
506 system, the needs of the local area, and the role for public
507 transit in the local area. The report must include the shall
508 also specifically address potential enhancements to productivity
509 and performance which would have the effect of increasing
510 farebox recovery ratio.
511 (3) Each public transit provider shall publish on its
512 website in the local newspaper of its area the productivity and
513 performance measures established for the year and a report that
514 which provides quantitative data relative to the attainment of
515 established productivity and performance measures.
516 Section 15. Effective upon this act becoming a law, part IV
517 of chapter 348, Florida Statutes, consisting of ss. 348.965,
518 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 348.972,
519 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 348.9781,
520 Florida Statutes, is repealed.
521 Section 16. Effective upon this act becoming a law, the
522 governance and control of the Santa Rosa Bay Bridge Authority is
523 transferred to the Department of Transportation.
524 (1) Since the Santa Rosa Bay Bridge Authority’s bridge
525 system was transferred to the department under the terms of the
526 lease-purchase agreement and a settlement agreement between the
527 department and the authority which was effective as of the close
528 of business on June 30, 2022, any remaining assets, facilities,
529 tangible and intangible property, and any rights in such
530 property, and other legal rights of the authority are
531 transferred to the department. The department succeeds to all
532 powers of the authority. The department may review other
533 contracts, financial obligations, and contractual obligations
534 and liabilities of the authority and may assume legal liability
535 for such obligations that are determined by the department to be
536 necessary for the continued operation of the bridge system.
537 (2) The bridge system, or any portion thereof, may be
538 transferred by the department and become part of the turnpike
539 system under the Florida Turnpike Enterprise Law, ss. 338.22
540 338.241, Florida Statutes.
541 Section 17. Except as otherwise expressly provided in this
542 act and except for this section, which shall take effect upon
543 this act becoming a law, this act shall take effect July 1,
544 2023.