Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1662
Ì582758UÎ582758
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/18/2025 .
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The Committee on Appropriations (Collins) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 536 - 1571
4 and insert:
5 Section 5. Present subsection (8) of section 311.101,
6 Florida Statutes, is redesignated as subsection (9), a new
7 subsection (8) is added to that section, and subsection (2) of
8 that section is amended, to read:
9 311.101 Intermodal Logistics Center Infrastructure Support
10 Program.—
11 (2) For the purposes of this section, the term “intermodal
12 logistics center,” including, but not limited to, an “inland
13 port,” means a facility or group of facilities serving as a
14 point of intermodal transfer of freight in a specific area
15 physically separated from a seaport where activities relating to
16 transport, logistics, goods distribution, consolidation, or
17 value-added activities are carried out and whose activities and
18 services are designed to support or be supported by conveyance
19 or shipping through one or more seaports listed in s. 311.09 or
20 airports as defined in s. 330.27.
21 (8)(a) There is created within the Department of
22 Transportation an intermodal logistics center working group. The
23 purpose of the working group is to coordinate the planning and
24 development of intermodal logistics centers across this state.
25 The working group shall be composed of the following members:
26 1. The Secretary of Transportation, or his or her designee.
27 2. The Secretary of Commerce, or his or her designee.
28 3. The Commissioner of Agriculture, or his or her designee.
29 4. One member from a seaport listed in s. 311.09(1),
30 appointed by the Secretary of Transportation.
31 5. One member from an airport, appointed by the Secretary
32 of Transportation.
33 6. One member from an intermodal logistics center,
34 appointed by the Secretary of Transportation.
35 7. One member from the agricultural industry, appointed by
36 the Commissioner of Agriculture.
37 8. One member from the trucking industry, appointed by the
38 Secretary of Transportation.
39 9. One member from the freight rail industry, appointed by
40 the Secretary of Transportation.
41 10. One member from the passenger rail industry, appointed
42 by the Secretary of Transportation.
43 11. One member from a business located within an intermodal
44 logistics center, appointed by the Secretary of Commerce.
45 12. One member from a local workforce development board
46 created pursuant to chapter 445, appointed by the president of
47 CareerSource Florida, Inc.
48 (b) The Secretary of Transportation, or his or her
49 designee, shall serve as the chair of the working group. The
50 Secretary of Commerce, or his or her designee, shall serve as
51 vice chair of the working group.
52 (c) Members of the working group shall serve without
53 compensation but are eligible for per diem and travel expenses
54 pursuant to s. 112.061.
55 (d) The working group is responsible for all of the
56 following:
57 1. Conducting a study of regional needs regarding
58 intermodal logistics centers, including a breakdown of urban
59 versus rural locations for intermodal logistics centers.
60 2. Determining the statewide benefits of intermodal
61 logistics centers.
62 3. Evaluating the impact of existing and proposed freight
63 and passenger rail service on existing rail corridors and the
64 need for any additional rail capacity.
65 4. Evaluating key criteria used by the state to expand and
66 develop the intermodal logistics center network through the use
67 of the Strategic Intermodal System created pursuant to ss.
68 339.61-339.651, including any recommended changes to state law.
69 5. Evaluating the readiness of existing and proposed
70 locations for intermodal logistics centers and developing a list
71 of improvements that may be necessary to attract businesses to
72 those centers.
73 6. Evaluating and recommending potential state policies
74 that would enhance the development of a long-term statewide
75 strategy regarding intermodal logistics centers.
76 7. Evaluating the operations of freight logistics zones as
77 defined in s. 311.103(1), including the processes for their
78 designation and funding.
79 (e) On or before January 1, 2027, the working group shall
80 submit a report to the Governor, the President of the Senate,
81 and the Speaker of the House of Representatives providing the
82 working group’s findings and recommendations regarding the
83 responsibilities listed in paragraph (d).
84 (f) This subsection is repealed on June 30, 2027.
85 Section 6. Subsection (83) of section 316.003, Florida
86 Statutes, is amended to read:
87 316.003 Definitions.—The following words and phrases, when
88 used in this chapter, shall have the meanings respectively
89 ascribed to them in this section, except where the context
90 otherwise requires:
91 (83) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or
92 used primarily for the transportation of persons or property and
93 only incidentally operated or moved over a highway, including,
94 but not limited to, ditchdigging apparatus, well-boring
95 apparatus, and road construction and maintenance machinery, such
96 as asphalt spreaders, bituminous mixers, bucket loaders,
97 tractors other than truck tractors, ditchers, leveling graders,
98 finishing machines, motor graders, road rollers, scarifiers,
99 earthmoving carryalls and scrapers, power shovels and draglines,
100 mobile and self-propelled cranes and accessory support vehicles,
101 and earthmoving equipment. The term does not include house
102 trailers, dump trucks, truck-mounted transit mixers, cranes or
103 shovels, or other vehicles designed for the transportation of
104 persons or property to which machinery has been attached.
105 Section 7. Section 316.0741, Florida Statutes, is repealed.
106 Section 8. Subsection (7) of section 316.0745, Florida
107 Statutes, is amended to read:
108 316.0745 Uniform signals and devices.—
109 (7) The Department of Transportation may, upon receipt and
110 investigation of reported noncompliance and after hearing
111 pursuant to 14 days’ notice, direct the removal of any purported
112 traffic control device that fails to meet the requirements of
113 this section, wherever the device is located and without regard
114 to assigned responsibility under s. 316.1895. The public agency
115 erecting or installing the same shall immediately bring it into
116 compliance with the requirements of this section or remove said
117 device or signal upon the direction of the Department of
118 Transportation and may not, for a period of 5 years, install any
119 replacement or new traffic control devices paid for in part or
120 in full with revenues raised by the state unless written prior
121 approval is received from the Department of Transportation. Any
122 additional violation by a public body or official shall be cause
123 for the withholding of state funds deposited in the State
124 Transportation Trust Fund for traffic control purposes until
125 such public body or official demonstrates to the Department of
126 Transportation that it is complying with this section.
127 Section 9. Subsection (3) of section 316.550, Florida
128 Statutes, is amended to read:
129 316.550 Operations not in conformity with law; special
130 permits.—
131 (3) Notwithstanding subsection (2), the Department of
132 Transportation may issue a mobile crane special blanket permit
133 for any of the following purposes:
134 (a) To authorize a mobile crane to operate on and A permit
135 may authorize a self-propelled truck crane operating off the
136 Interstate Highway System while towing to tow a motor vehicle
137 that which does not weigh more than 5,000 pounds if the combined
138 weight of the crane and such motor vehicle does not exceed
139 95,000 pounds. Notwithstanding s. 320.01(7) or (12), mobile
140 truck cranes that tow another motor vehicle under the provision
141 of this subsection shall be taxed under the provisions of s.
142 320.08(5)(b).
143 (b) To authorize a mobile crane and accessory support
144 vehicles that are up to 12 feet in width, 14 feet 6 inches in
145 height, and 100 feet in length to operate on and off the
146 Interstate Highway System at all hours except as restricted
147 under a local travel-related curfew.
148 (c) To authorize a mobile crane and accessory support
149 vehicles that, due to their design for special use, exceed the
150 weight limits established in s. 316.535 to operate on and off
151 the Interstate Highway System.
152 Section 10. Section 330.27, Florida Statutes, is amended to
153 read:
154 330.27 Definitions, when used in ss. 330.29-330.39.—
155 (1) “Air ambulance operation” means a flight with a patient
156 or medical personnel on board for the purpose of medical
157 transportation.
158 (2) “Aircraft” means a powered or unpowered machine or
159 device capable of atmospheric flight, including, but not limited
160 to, an airplane, an autogyro, a glider, a gyrodyne, a
161 helicopter, a lift and cruise, a multicopter, paramotors, a
162 powered lift, a seaplane, a tiltrotor, an ultralight, and a
163 vectored thrust. The term does not include except a parachute or
164 other such device used primarily as safety equipment.
165 (3)(2) “Airport” means a specific an area of land or water
166 or a structure used for, or intended to be used for, aircraft
167 operations, which may include landing and takeoff of aircraft,
168 including appurtenant areas, buildings, facilities, or rights
169 of-way necessary to facilitate such use or intended use. The
170 term includes, but is not limited to, airparks, airports,
171 gliderports, heliports, helistops, seaplane bases, ultralight
172 flightparks, vertiports, and vertistops.
173 (4) “Commercial air tour operation” means a flight
174 conducted for compensation or hire in an aircraft where a
175 purpose of the flight is sightseeing.
176 (5) “Commuter operation” means any scheduled operation
177 conducted by a person operating an aircraft with a frequency of
178 operations of at least five round trips per week on at least one
179 route between two or more points according to the published
180 flight schedule.
181 (6)(3) “Department” means the Department of Transportation.
182 (7)(4) “Limited airport” means any airport limited
183 exclusively to the specific conditions stated on the site
184 approval order or license.
185 (8) “On-demand operation” means any scheduled passenger
186 carrying operation for compensation or hire conducted by a
187 person operating an aircraft with a frequency of operations of
188 fewer than five round trips per week on at least one route
189 between two or more points according to the published flight
190 schedule.
191 (9)(5) “Private airport” means an airport, publicly or
192 privately owned, which is not open or available for use by the
193 public, but may be made available to others by invitation of the
194 owner or manager.
195 (10) “Private airport of public interest” means a private
196 airport engaged in air ambulance operations, commercial air tour
197 operations, commuter operations, on-demand operations, public
198 charter operations, scheduled operations, or supplemental
199 operations.
200 (11)(6) “Public airport” means an airport, publicly or
201 privately owned, which is open for use by the public.
202 (12) “Public charter operation” means a one-way or round
203 trip charter flight performed by one or more direct air carriers
204 which is arranged and sponsored by a charter operator.
205 (13) “Scheduled operation” means any common carriage
206 passenger-carrying operation for compensation or hire conducted
207 by an air carrier or commercial operator for which the
208 certificateholder or its representative offers in advance the
209 departure location, departure time, and arrival location.
210 (14) “Supplemental operation” means any common carriage
211 operation for compensation or hire conducted with an aircraft
212 for which the departure time, departure location, and arrival
213 location are specifically negotiated with the customer or
214 customer’s representative.
215 (15)(7) “Temporary airport” means an airport at which
216 flight operations are conducted under visual flight rules
217 established by the Federal Aviation Administration and which is
218 used for less than 30 consecutive days with no more than 10
219 operations per day.
220 (8) “Ultralight aircraft” means any aircraft meeting the
221 criteria established by part 103 of the Federal Aviation
222 Regulations.
223 Section 11. Subsections (2) and (4) of section 330.30,
224 Florida Statutes, are amended to read:
225 330.30 Approval of airport sites; registration,
226 certification, and licensure of airports.—
227 (2) LICENSES, CERTIFICATIONS, AND REGISTRATIONS;
228 REQUIREMENTS, RENEWAL, REVOCATION.—
229 (a) Except as provided in subsection (3), the owner or
230 lessee of an airport in this state shall have a public airport
231 license, private airport registration, or temporary airport
232 registration before the operation of aircraft to or from the
233 airport. Application for a license or registration shall be made
234 in a form and manner prescribed by the department.
235 1. For a public airport, upon granting site approval, the
236 department shall issue a license after a final airport
237 inspection finds the airport to be in compliance with all
238 requirements for the license. The license may be subject to any
239 reasonable conditions the department deems necessary to protect
240 the public health, safety, or welfare.
241 2. For a private airport, upon granting site approval, the
242 department shall provide controlled electronic access to the
243 state aviation facility data system to permit the applicant to
244 complete the registration process. Registration shall be
245 completed upon self-certification by the registrant of
246 operational and configuration data deemed necessary by the
247 department.
248 3. For a temporary airport, the department must publish
249 notice of receipt of a completed registration application in the
250 next available publication of the Florida Administrative
251 Register and may not approve a registration application less
252 than 14 days after the date of publication of the notice. The
253 department must approve or deny a registration application
254 within 30 days after receipt of a completed application and must
255 issue the temporary airport registration concurrent with the
256 airport site approval. A completed registration application that
257 is not approved or denied within 30 days after the department
258 receives the completed application is considered approved and
259 shall be issued, subject to such reasonable conditions as are
260 authorized by law. An applicant seeking to claim registration by
261 default under this subparagraph must notify the agency clerk of
262 the department, in writing, of the intent to rely upon the
263 default registration provision of this subparagraph and may not
264 take any action based upon the default registration until after
265 receipt of such notice by the agency clerk.
266 4. A private airport of public interest must obtain a
267 certificate from the department before allowing aircraft
268 operations. The department shall issue a certificate after a
269 final inspection finds the airport to be in compliance with all
270 certificate requirements. The certificate is subject to any
271 reasonable conditions the department deems necessary to protect
272 the public. A private airport that was engaged in operations
273 associated with a private airport of public interest on or
274 before July 1, 2025, must obtain a certificate from the
275 department by July 1, 2030.
276 (b) The department may license a public airport that does
277 not meet standards only if it determines that such exception is
278 justified by unusual circumstances or is in the interest of
279 public convenience and does not endanger the public health,
280 safety, or welfare. Such a license shall bear the designation
281 “special” and shall state the conditions subject to which the
282 license is granted.
283 (c) A temporary airport license or registration shall be
284 valid for less than 30 days and is not renewable. The department
285 may not approve a subsequent temporary airport registration
286 application for the same general location if the purpose or
287 effect is to evade otherwise applicable airport permitting or
288 licensure requirements.
289 (d)1. Each public airport license shall expire no later
290 than 1 year after the effective date of the license, except that
291 the expiration date of a license may be adjusted to provide a
292 maximum license period of 18 months to facilitate airport
293 inspections, recognize seasonal airport operations, or improve
294 administrative efficiency.
295 2. Registration for private airports shall remain valid
296 provided specific elements of airport data, established by the
297 department, are periodically recertified by the airport
298 registrant. The ability to recertify private airport
299 registration data shall be available at all times by electronic
300 submittal. A private airport registration that has not been
301 recertified in the 24-month period following the last
302 certification shall expire, unless the registration period has
303 been adjusted by the department for purposes of informing
304 private airport owners of their registration responsibilities or
305 promoting administrative efficiency. The expiration date of the
306 current registration period will be clearly identifiable from
307 the state aviation facility data system.
308 3. The effective date and expiration date shall be shown on
309 public airport licenses. Upon receiving an application for
310 renewal of an airport license in a form and manner prescribed by
311 the department and receiving a favorable inspection report
312 indicating compliance with all applicable requirements and
313 conditions, the department shall renew the license, subject to
314 any conditions deemed necessary to protect the public health,
315 safety, or welfare.
316 4. The department may require a new site approval for any
317 airport if the license or registration has expired.
318 5. If the renewal application for a public airport license
319 has not been received by the department or no private airport
320 registration recertification has been accomplished within 15
321 days after the date of expiration, the department may revoke the
322 airport license or registration.
323 6. After initial registration, the department may issue a
324 certificate to a private airport of public interest if the
325 airport is found, after a physical inspection, to be in
326 compliance with all certificate requirements. The certificate is
327 subject to any reasonable condition that the department deems
328 necessary to protect the public health, safety, or welfare. A
329 private airport of public interest certificate expires 5 years
330 after the effective date of the certificate.
331 (e) The department may revoke, or refuse to allow or issue,
332 any airport registration or recertification, or any license or
333 license renewal, if it determines:
334 1. That the site has been abandoned as an airport;
335 2. That the airport does not comply with the conditions of
336 the license, license renewal, or site approval;
337 3. That the airport has become either unsafe or unusable
338 for flight operation due to physical or legal changes in
339 conditions that were the subject of approval; or
340 4. That an airport required to file or update a security
341 plan pursuant to paragraph (f) has failed to do so.
342 (f)1. After initial licensure, a license of a publicly or
343 privately owned general aviation airport that is open to the
344 public, that has at least one runway greater than 4,999 feet in
345 length, and that does not host scheduled passenger-carrying
346 commercial service operations regulated under 14 C.F.R. part 139
347 shall not be renewed or reissued unless an approved security
348 plan has been filed with the department, except when the
349 department determines that the airport is working in good faith
350 toward completion and filing of the plan.
351 2. Security plans required by this paragraph must be
352 developed in accordance with the 2004 Security Planning for
353 General Aviation Airports guidelines published by the Florida
354 Airports Council. Certain administrative data from the approved
355 security plan shall be submitted to the Department of Law
356 Enforcement, in a format prescribed by the Department of Law
357 Enforcement, for use in protecting critical infrastructure of
358 the state.
359 3. The department shall not approve a security plan for
360 filing unless it is consistent with Florida Airports Council
361 guidelines.
362 4. An airport required to file a security plan pursuant to
363 this paragraph shall update its plan at least once every 2 years
364 after the initial filing date and file the updated plan with the
365 department. The department shall review the updated plan prior
366 to approving it for filing to determine whether it is consistent
367 with Florida Airports Council guidelines. No renewal license
368 shall be issued to the airport unless the department approves
369 the updated security plan or determines that the airport is
370 working in good faith to update it.
371 (4) EXCEPTIONS.—Private airports with 10 or more based
372 aircraft may request to be inspected and licensed by the
373 department. Private airports licensed according to this
374 subsection shall be considered private airports as defined in s.
375 330.27 s. 330.27(5) in all other respects.
376 Section 12. Section 330.355, Florida Statutes, is created
377 to read:
378 330.355 Prohibition on landing fees for certain aircraft
379 operations.—A publicly owned airport in this state may not
380 charge a landing fee established on or after January 1, 2025,
381 for aircraft operations conducted by an accredited nonprofit
382 institution located in this state which offers a 4-year
383 collegiate aviation program, if such aircraft operations are for
384 flight training necessary for pilot certification and
385 proficiency.
386 Section 13. Section 331.371, Florida Statutes, is amended
387 to read:
388 331.371 Strategic space infrastructure investment.—
389 (1) In consultation with Space Florida, the Department of
390 Transportation may fund spaceport discretionary capacity
391 improvement projects, as defined in s. 331.303, at up to 100
392 percent of the project’s cost if:
393 (a)(1) Important access and on-spaceport-territory space
394 transportation capacity improvements are provided;
395 (b)(2) Capital improvements that strategically position the
396 state to maximize opportunities in international trade are
397 achieved;
398 (c)(3) Goals of an integrated intermodal transportation
399 system for the state are achieved; and
400 (d)(4) Feasibility and availability of matching funds
401 through federal, local, or private partners are demonstrated.
402 (2)(a) In consultation with the Department of Commerce and
403 the Department of Environmental Protection, the Department of
404 Transportation may fund infrastructure projects, and projects
405 associated with critical infrastructure facilities as defined in
406 s. 692.201, within or outside of a spaceport territory as long
407 as the project supports aerospace or launch support facilities
408 within an adjacent spaceport territory boundary.
409 (b) The Department of Transportation, the Department of
410 Commerce, and the Department of Environmental Protection shall
411 coordinate in funding projects under this subsection to optimize
412 the use of available funds.
413 Section 14. Section 332.003, Florida Statutes, is amended
414 to read:
415 332.003 Florida Airport Development and Accountability
416 Assistance Act; short title.—Sections 332.003-332.007 may be
417 cited as the “Florida Airport Development and Accountability
418 Assistance Act.”
419 Section 15. Section 332.005, Florida Statutes, is amended
420 to read:
421 332.005 Restrictions on authority of Department of
422 Transportation.—
423 (1) This act specifically prohibits the Department of
424 Transportation from regulating commercial air carriers operating
425 within the state pursuant to federal authority and regulations;
426 from participating in or exercising control in the management
427 and operation of a sponsor’s airport, except when officially
428 requested by the sponsor; or from expanding the design or
429 operational capability of the department in the area of airport
430 and aviation consultants’ contract work, other than to provide
431 technical assistance as requested.
432 (2)(a) Notwithstanding subsection (1), upon the declaration
433 of a state of emergency issued by the Governor in preparation
434 for or in response to a natural disaster, airports shall, at no
435 cost to the state, provide the Department of Transportation with
436 the opportunity to use any property that is not subject to an
437 existing lease agreement with a third party and that is not
438 within the air navigation facility as defined in s. 332.01(4)
439 for the staging of equipment and personnel to support emergency
440 preparedness and response operations.
441 (b) After 60 days of use under paragraph (a), any further
442 use of airport property by the Department of Transportation must
443 be conducted pursuant to a written agreement between the airport
444 and the department.
445 Section 16. Section 332.006, Florida Statutes, is amended
446 to read:
447 332.006 Duties and responsibilities of the Department of
448 Transportation.—The Department of Transportation shall, within
449 the resources provided to the department pursuant to chapter
450 216:
451 (1) Provide coordination and assistance for the development
452 of a viable aviation system in this state. To support the
453 system, a statewide aviation system plan shall be developed and
454 periodically updated which summarizes 5-year, 10-year, and 20
455 year airport and aviation needs within the state. The statewide
456 aviation system plan shall be consistent with the goals of the
457 Florida Transportation Plan developed pursuant to s. 339.155.
458 The statewide aviation system plan shall not preempt local
459 airport master plans adopted in compliance with federal and
460 state requirements.
461 (2) Advise and assist the Governor in all aviation matters.
462 (3) Upon request, assist airport sponsors, both financially
463 and technically, in airport master planning.
464 (4) Upon request, provide financial and technical
465 assistance to public agencies which operate public-use airports
466 by making department personnel and department-owned facilities
467 and equipment available on a cost-reimbursement basis to such
468 agencies for special needs of limited duration. The requirement
469 relating to reimbursement of personnel costs may be waived by
470 the department in those cases in which the assistance provided
471 by its personnel was of a limited nature or duration.
472 (5) Participate in research and development programs
473 relating to airports.
474 (6) Administer department participation in the program of
475 aviation and airport grants as provided for in ss. 332.003
476 332.007.
477 (7) Develop, promote, and distribute supporting information
478 and educational services, including, but not limited to,
479 educational services with a focus on retention and growth of the
480 aviation industry workforce.
481 (8) Encourage the maximum allocation of federal funds to
482 local airport projects in this state.
483 (9) Support the development of land located within the
484 boundaries of airports for the purpose of industrial or other
485 uses compatible with airport operations with the objective of
486 assisting airports in this state to become fiscally self
487 supporting. Such assistance may include providing state moneys
488 on a matching basis to airport sponsors for capital
489 improvements, including, but not limited to, fixed-base
490 operation facilities, parking areas, industrial park utility
491 systems, and road and rail transportation systems which are on
492 airport property.
493 Section 17. Subsection (5), paragraph (a) of subsection
494 (7), and subsections (8) and (9) of section 332.007, Florida
495 Statutes, are amended, and paragraph (c) is added to subsection
496 (2) of that section, to read:
497 332.007 Administration and financing of aviation and
498 airport programs and projects; state plan.—
499 (2)
500 (c) Each commercial service airport as defined in s.
501 332.0075 shall establish and maintain a comprehensive airport
502 infrastructure program to ensure the ongoing preservation of
503 airport infrastructure and facilities in safe and serviceable
504 condition. For purposes of this paragraph, the term “airport
505 infrastructure” means the facilities, systems, and structural
506 components of an airport necessary for the safe and efficient
507 movement of people and goods. Beginning November 1, 2025, and
508 annually thereafter, each commercial service airport shall
509 provide a certification to the department, in a manner
510 prescribed by the department, that it has established and
511 maintains a comprehensive airport infrastructure program. The
512 comprehensive airport infrastructure program report, and related
513 documents and records, must be open to inspection by the
514 department and maintained by the airport for at least 5 years.
515 The comprehensive airport infrastructure program must, at a
516 minimum, include all of the following:
517 1. Identification of airport infrastructure subject to
518 inspection and the schedule for the completion of such
519 inspections, taking into consideration the age, type, intended
520 use, and criticality of the infrastructure to undisrupted
521 commercial or cargo operations.
522 2. A preventative maintenance program for routine
523 maintenance of airport infrastructure, for both commercial and
524 cargo operations.
525 3. A plan to complete any necessary repairs to, or
526 rehabilitation or reconstruction of, airport infrastructure,
527 including prioritization and anticipated timeframe for
528 completion of the work.
529 4. A progress report of inspections and their outcomes,
530 preventative maintenance, and previously identified repair to,
531 or rehabilitation or reconstruction of, airport infrastructure.
532 The progress report must include any changes in timeline for
533 completion, changes in cost estimates, and reasons any
534 inspection, preventative maintenance, or repair or
535 rehabilitation did not take place.
536 (5) Only those projects or programs provided for in this
537 act that will contribute to the implementation of the state
538 aviation system plan, that are consistent with the energy policy
539 of the state as defined in s. 339.08(6)(a), that are consistent
540 with and will contribute to the implementation of any airport
541 master plan or layout plan, and that are consistent, to the
542 maximum extent feasible, with the approved local government
543 comprehensive plans of the units of government in which the
544 airport is located are eligible for the expenditure of state
545 funds in accordance with fund participation rates and priorities
546 established herein.
547 (7) Subject to the availability of appropriated funds in
548 addition to aviation fuel tax revenues, the department may
549 participate in the capital cost of eligible public airport and
550 aviation discretionary capacity improvement projects. The annual
551 legislative budget request shall be based on the funding
552 required for discretionary capacity improvement projects in the
553 aviation and airport work program.
554 (a) The department shall provide priority funding in
555 support of:
556 1. Terminal and parking expansion projects that increase
557 capacity at airports providing commercial service in counties
558 with a population of 500,000 or less.
559 2. Land acquisition which provides additional capacity at
560 the qualifying international airport or at that airport’s
561 supplemental air carrier airport.
562 3.2. Runway and taxiway projects that add capacity or are
563 necessary to accommodate technological changes in the aviation
564 industry.
565 4.3. Airport access transportation projects that improve
566 direct airport access and are approved by the airport sponsor.
567 5.4. International terminal projects that increase
568 international gate capacity.
569 6. Projects that improve safety and efficiency of airport
570 operations.
571 7. Emerging technology projects, workforce development
572 projects, and projects that benefit the strategic intermodal
573 system through intermodal connectivity.
574 (8) The department may also fund eligible projects
575 performed by not-for-profit organizations that represent a
576 majority of public airports in this state and postsecondary
577 education institutions as defined in s. 1008.47 that support the
578 training of pilots, air traffic control personnel, or aircraft
579 maintenance technical personnel. Eligible projects may include
580 activities associated with aviation master planning,
581 professional education, safety and security planning, enhancing
582 economic development and efficiency at airports in this state,
583 or other planning efforts to improve the viability and safety of
584 airports in this state. Programs that support the transition of
585 honorably discharged military personnel to the aviation industry
586 are also eligible projects under this subsection. The department
587 may provide matching funds for eligible projects funded by the
588 Department of Commerce.
589 (9) The department may fund strategic airport investment
590 projects at up to 100 percent of the project’s cost if:
591 (a) Important access and on-airport capacity improvements
592 are provided;
593 (b) Capital improvements that strategically position the
594 state to maximize opportunities in tourism, international trade,
595 logistics, and the aviation industry are provided;
596 (c) Goals of an integrated intermodal transportation system
597 for the state are achieved; and
598 (d) Feasibility and availability of matching funds through
599 federal, local, or private partners are demonstrated.
600 Section 18. Paragraphs (a), (b), and (d) of subsection (1),
601 subsection (2), and paragraph (a) of subsection (5) of section
602 332.0075, Florida Statutes, are amended, and paragraph (c) is
603 added to subsection (5) of that section, to read:
604 332.0075 Commercial service airports; transparency and
605 accountability; penalty.—
606 (1) As used in this section, the term:
607 (a) “Commercial service airport” means an airport providing
608 commercial service, including large, medium, small, and nonhub
609 airports as classified a primary airport as defined in 49 U.S.C.
610 s. 47102 which is classified as a large, medium, or small hub
611 airport by the Federal Aviation Administration.
612 (b) “Consent agenda” means an agenda which consists of
613 items voted on collectively or as a group and which does not
614 provide the opportunity for public comment on each such item
615 before approval or disapproval by the governing body.
616 (d) “Governing body” means the governing body of the
617 county, municipality, or special district that operates a
618 commercial service airport. The term also includes an appointed
619 board or oversight entity serving as the governing body for
620 purposes of a commercial service airport on behalf of a county,
621 municipality, or special district.
622 (2) Each governing body shall establish and maintain a
623 website to post information relating to the operation of a
624 commercial service airport. The information must remain posted
625 on the website for 5 years or for the entirety of the period
626 during which the document is actively in use, whichever is
627 longer, and must include all of the following, including:
628 (a) All published notices of meetings and published meeting
629 agendas of the governing body.
630 (b) The official minutes of each meeting of the governing
631 body, which must shall be posted within 7 business days after
632 the date of the meeting in which the minutes were approved.
633 (c) The approved budget for the commercial service airport
634 for the current fiscal year, which shall be posted within 7
635 business days after the date of adoption. Budgets must remain on
636 the website for 5 2 years after the conclusion of the fiscal
637 year for which they were adopted.
638 (d) Copies of the current airport master plan and the
639 immediately preceding airport master plan for the commercial
640 service airport and a link to the current airport master plan
641 for the commercial service airport on the commercial service
642 airport’s website.
643 (e) A link to all financial and statistical reports for the
644 commercial service airport on the Federal Aviation
645 Administration’s website.
646 (f) Any contract or contract amendment for the purchase of
647 commodities or contractual services executed by or on behalf of
648 the commercial service airport in excess of the threshold amount
649 provided in s. 287.017 for CATEGORY FIVE, which must shall be
650 posted no later than 7 business days after the commercial
651 service airport executes the contract or contract amendment.
652 However, a contract or contract amendment may not reveal
653 information made confidential or exempt by law. Each commercial
654 service airport must redact confidential or exempt information
655 from each contract or contract amendment before posting a copy
656 on its website.
657 (g) Position and rate information for each employee of the
658 commercial service airport, including, at a minimum, the
659 employee’s position title, position description, and annual or
660 hourly salary. This information must shall be updated quarterly
661 annually.
662 (5)(a) Each November 1, the governing body of each
663 commercial service airport shall submit the following
664 information to the department:
665 1. Its approved budget for the current fiscal year.
666 2. Any financial reports submitted to the Federal Aviation
667 Administration during the previous calendar year.
668 3. A link to its website.
669 4. A statement, verified as provided in s. 92.525, that it
670 has complied with part III of chapter 112, chapter 287, and this
671 section.
672 5. The most recent copies of its strategic plans.
673 6. Contracts related to any financial awards received
674 through federally funded grant programs for the preceding year.
675 (c) A commercial service airport shall:
676 1. Notify the department within 48 hours after receiving a
677 communication or directive from a federal agency relating to
678 public health testing or the transfer of unauthorized aliens
679 into this state.
680 2. Notify the department as soon as is reasonably possible,
681 but no later than 48 hours, after the discovery of a potential
682 cybersecurity breach or other occurrence impacting the traveling
683 public, a disruption in state aviation operations directly
684 impacting multiple airports within this state, or an incident
685 occurring on airport property which requires coordination with
686 multiple local, state, or federal agencies.
687 Section 19. Section 332.15, Florida Statutes, is created to
688 read:
689 332.15 Advanced air mobility.—The Department of
690 Transportation shall:
691 (1) Address the need for vertiports, advanced air mobility,
692 and other advances in aviation technology in the statewide
693 aviation system plan required under s. 332.006(1) and, as
694 appropriate, in the department’s work program.
695 (2) Designate a subject matter expert on advanced air
696 mobility within the department to serve as a resource for local
697 jurisdictions navigating advances in aviation technology.
698 (3) Conduct a review of airport hazard zone regulations.
699 (4) In coordination with the Department of Commerce,
700 provide coordination and assistance for the development of a
701 viable advanced air mobility system plan in this state. The
702 department shall incorporate the plan into the statewide
703 aviation system plan required under s. 332.006(1) to identify
704 and develop statewide corridors of need and opportunities for
705 industry growth.
706 Section 20. Subsections (5) and (26) of section 334.044,
707 Florida Statutes, are amended, and subsections (37), (38), and
708 (39) are added to that section, to read:
709 334.044 Powers and duties of the department.—The department
710 shall have the following general powers and duties:
711 (5) To purchase, lease, or otherwise acquire property and
712 materials, including the purchase of promotional items as part
713 of public information and education campaigns for the promotion
714 of environmental management, scenic highways, traffic and train
715 safety awareness, alternatives to single-occupant vehicle
716 travel, commercial motor vehicle safety, workforce development,
717 electric vehicle use and charging stations, autonomous vehicles,
718 and context classification design for electric vehicles and
719 autonomous vehicles; to purchase, lease, or otherwise acquire
720 equipment and supplies; and to sell, exchange, or otherwise
721 dispose of any property that is no longer needed by the
722 department.
723 (26) To provide for the enhancement of environmental
724 benefits, including air and water quality; to prevent roadside
725 erosion; to conserve the natural roadside growth and scenery;
726 and to provide for the implementation and maintenance of
727 roadside conservation, enhancement, and stabilization programs.
728 (a) On an annual basis, an amount equal to at least 1.5
729 percent of the total amount contracted for the average of the
730 previous 3 completed fiscal years of construction projects shall
731 be allocated by the department on a statewide basis for the
732 purchase of plant materials to enhance State Highway System
733 rights-of-way and arterial facilities. Such funds must be
734 allocated on a statewide basis. Department districts may not
735 expend funds for landscaping in connection with any project that
736 is limited to resurfacing existing lanes unless the expenditure
737 has been approved by the department’s secretary or the
738 secretary’s designee.
739 (b) To the greatest extent practical, at least 50 percent
740 of the funds allocated under paragraph (a) this subsection shall
741 be allocated for large plant materials and the remaining funds
742 for other plant materials.
743 (c) Except as prohibited by applicable federal law or
744 regulation, all plant materials shall be purchased from Florida
745 commercial nursery stock in this state on a uniform competitive
746 bid basis. The department shall develop grades and standards for
747 landscaping materials purchased through this process, which must
748 include standards for landscaping materials native to specific
749 regions of this state which are reflective of this state’s
750 heritage and natural landscapes. To accomplish these activities,
751 the department may contract with nonprofit organizations having
752 the primary purpose of developing youth employment
753 opportunities.
754 (37) Notwithstanding s. 287.022 or s. 287.025, to directly
755 enter into insurance contracts with local, national, or
756 international insurance companies for the purchase of insurance
757 coverage that the department is contractually and legally
758 required to provide.
759 (38) Notwithstanding s. 287.14, to purchase or acquire
760 heavy equipment and motor vehicles for roadway operations and
761 emergency response purposes regardless of whether the department
762 exchanges or ceases to operate any department-owned heavy
763 equipment or motor vehicles.
764 (39) To adopt rules for the purpose of compliance with 49
765 C.F.R. part 26 and any other applicable federal law.
766 Section 21. Subsection (1) of section 334.045, Florida
767 Statutes, is amended to read:
768 334.045 Transportation performance and productivity
769 standards; development; measurement; application.—
770 (1) The Florida Transportation Commission shall develop and
771 adopt measures for evaluating the performance and productivity
772 of the department. The measures may be both quantitative and
773 qualitative and must, to the maximum extent practical, assess
774 those factors that are within the department’s control. The
775 measures must, at a minimum, assess performance in the following
776 areas:
777 (a) Production;
778 (b) Finance and administration;
779 (c) Preservation of the current state system;
780 (d) Safety of the current state system;
781 (e) Capacity improvements: highways and all public
782 transportation modes; and
783 (f) The business development program established under s.
784 337.027 Disadvantaged business enterprise and minority business
785 programs.
786 Section 22. Subsection (3) is added to section 334.27,
787 Florida Statutes, to read:
788 334.27 Governmental transportation entities; property
789 acquired for transportation purposes; limitation on soil or
790 groundwater contamination liability.—
791 (3) A parking authority established under the laws of this
792 state or any of its counties, municipalities, or political
793 subdivisions shall have full power to conduct business; to
794 operate, manage, and control facilities; and to provide services
795 to contiguous geographical boundaries of such counties,
796 municipalities, or political subdivisions that originally
797 chartered such authority. The parking authority may engage in
798 activities outside of its chartering jurisdiction upon entering
799 into an interlocal agreement with the governing body of the
800 affected contiguous county, municipality, or political
801 subdivision, as applicable.
802 Section 23. Section 334.62, Florida Statutes, is created to
803 read:
804 334.62 Florida Transportation Academy.—The Legislature
805 finds that the growth and sustainability of the transportation
806 industry workforce is vital to the continued success and
807 efficiency of the state’s supply chain and economic
808 competitiveness. In order to prioritize the continued need for
809 transportation industry workforce development programs, the
810 Florida Transportation Academy is established within the
811 department. In order to support, promote, and sustain workforce
812 development efforts in the transportation sector, the department
813 may do all of the following:
814 (1) Coordinate with the Department of Corrections to
815 identify and create certification and training opportunities for
816 nonviolent, scheduled-release inmates and create a notification
817 process between the Department of Corrections and the department
818 for nonviolent inmates with imminent scheduled-release dates who
819 are expected to seek employment upon release.
820 (2) Coordinate with the Department of Juvenile Justice and
821 its educational partners to create certification and training
822 opportunities for eligible youth.
823 (3) Coordinate with veterans’ organizations to encourage
824 veterans with honorable military discharge to pursue employment
825 opportunities within the transportation industry, including, but
826 not limited to, employment as pilots, mechanics, and air traffic
827 controllers.
828 (4) Coordinate with the Department of Commerce,
829 CareerSource Florida, Inc., and regional business organizations,
830 within and outside of the transportation industry, to further
831 understand recruitment and retention needs and job-seeker
832 pipelines.
833 (5) Coordinate with the American Council of Engineering
834 Companies and the Florida Transportation Builders Association to
835 optimize workforce recruitment and retention and assess future
836 needs across the transportation industry in this state.
837 Section 24. Present paragraph (b) of subsection (3) of
838 section 335.182, Florida Statutes, is redesignated as paragraph
839 (c) and amended, and a new paragraph (b) is added to that
840 subsection, to read:
841 335.182 Regulation of connections to roads on State Highway
842 System; definitions.—
843 (3) As used in this act, the term:
844 (b) “Modification of an existing connection” means the
845 relocation, alteration, or closure of the connection.
846 (c)(b) “Significant change” means:
847 1. A change in the use of the property, including the
848 development of land, structures, or facilities;, or
849 2. An expansion of the size of the property, structures, or
850 facilities causing an increase in the trip generation of the
851 property exceeding 25 percent more trip generation, (either peak
852 hour or daily,) and exceeding 100 vehicles per day more than the
853 existing use.
854 Section 25. Subsections (3) and (4) of section 335.187,
855 Florida Statutes, are amended to read:
856 335.187 Unpermitted connections; existing access permits;
857 nonconforming permits; modification and revocation of permits.—
858 (3) The department may issue a nonconforming access permit
859 if denying after finding that to deny an access permit would
860 leave the property without a reasonable means of access to the
861 State Highway System. The department may specify limits on the
862 maximum vehicular use of the connection and may condition be
863 conditioned on the availability of future alternative means of
864 access for which access permits can be obtained.
865 (4) After written notice and the opportunity for a hearing,
866 as provided for in s. 120.60, the department may modify or
867 revoke an access permit issued after July 1, 1988, by requiring
868 modification Relocation, alteration, or closure of an existing
869 connection if:
870 (a) A significant change occurs in the use, design, or
871 traffic flow of the connection; or
872 (b) It would jeopardize the safety of the public or have a
873 negative impact upon the operational characteristics of the
874 highway.
875 Section 26. Section 337.027, Florida Statutes, is amended
876 to read:
877 337.027 Authority to implement a business development
878 program.—
879 (1) The department may establish a program for highway
880 projects which would assist small businesses. The purpose of
881 this program is to increase competition, lower prices, and
882 provide increased support to meet the department’s future work
883 program. The program may include, but is not limited to, setting
884 aside contracts, providing preference points for the use of
885 small businesses, providing special assistance in bidding and
886 contract completion, waiving bond requirements, and implementing
887 other strategies that would increase competition.
888 (2) For purposes of this section, the term “small business”
889 means a business with yearly average gross receipts of less than
890 $25 $15 million for road and bridge contracts and less than $10
891 $6.5 million for professional and nonprofessional services
892 contracts. A business’ average gross receipts is determined by
893 averaging its annual gross receipts over the last 3 years,
894 including the receipts of any affiliate as defined in s.
895 337.165.
896 (3) The department may provide notice of opportunities for
897 businesses qualified for this program.
898 (4) The department may adopt rules to implement this
899 section.
900 Section 27. Subsection (6) of section 337.11, Florida
901 Statutes, is amended to read:
902 337.11 Contracting authority of department; bids; emergency
903 repairs, supplemental agreements, and change orders; combined
904 design and construction contracts; progress payments; records;
905 requirements of vehicle registration.—
906 (6)(a) If the secretary determines that an emergency in
907 regard to the restoration or repair of any state transportation
908 facility exists such that the delay incident to giving
909 opportunity for competitive bidding would be detrimental to the
910 interests of the state, the provisions for competitive bidding
911 do not apply; and the department may enter into contracts for
912 restoration or repair without giving opportunity for competitive
913 bidding on such contracts. Within 30 days after such
914 determination and contract execution, the head of the department
915 shall file with the Executive Office of the Governor a written
916 statement of the conditions and circumstances constituting such
917 emergency.
918 (b) If the secretary determines that delays on a contract
919 for maintenance exist due to administrative challenges, bid
920 protests, defaults or terminations and the further delay would
921 reduce safety on the transportation facility or seriously hinder
922 the department’s ability to preserve the state’s investment in
923 that facility, competitive bidding provisions may be waived and
924 the department may enter into a contract for maintenance on the
925 facility. However, contracts for maintenance executed under the
926 provisions of this paragraph shall be interim in nature and
927 shall be limited in duration to a period of time not to exceed
928 the length of the delay necessary to complete the competitive
929 bidding process and have the contract in place.
930 (c) When the department determines that it is in the best
931 interest of the public for reasons of public concern, economy,
932 improved operations, or safety, and only when circumstances
933 dictate rapid completion of the work, the department may, up to
934 the amount of $500,000, enter into contracts for construction
935 and maintenance without advertising and receiving competitive
936 bids. The department may enter into such contracts only upon a
937 determination that the work is necessary for one of the
938 following reasons:
939 1. To ensure timely completion of projects or avoidance of
940 undue delay for other projects;
941 2. To accomplish minor repairs or construction and
942 maintenance activities for which time is of the essence and for
943 which significant cost savings would occur; or
944 3. To accomplish nonemergency work necessary to ensure
945 avoidance of adverse conditions that affect the safe and
946 efficient flow of traffic.
947
948 The department shall make a good faith effort to obtain two or
949 more quotes, if available, from qualified contractors before
950 entering into any contract. The department shall give
951 consideration to small disadvantaged business enterprise
952 participation. However, when the work exists within the limits
953 of an existing contract, the department shall make a good faith
954 effort to negotiate and enter into a contract with the prime
955 contractor on the existing contract.
956 Section 28. Section 337.125, Florida Statutes, is repealed.
957 Section 29. Section 337.135, Florida Statutes, is repealed.
958 Section 30. Section 337.139, Florida Statutes, is repealed.
959 Section 31. Paragraph (a) of subsection (1) of section
960 337.18, Florida Statutes, is amended to read:
961 337.18 Surety bonds for construction or maintenance
962 contracts; requirement with respect to contract award; bond
963 requirements; defaults; damage assessments.—
964 (1)(a) A surety bond shall be required of the successful
965 bidder in an amount equal to the awarded contract price.
966 However, the department may choose, in its discretion and
967 applicable only to multiyear maintenance contracts, to allow for
968 incremental annual contract bonds that cumulatively total the
969 full, awarded, multiyear contract price;. The department may
970 also choose, in its discretion and applicable only to phased
971 design-build contracts under s. 337.11(7)(b), to allow the
972 issuance of multiple contract performance and payment bonds in
973 succession to align with each phase of the contract to meet the
974 bonding requirement in this subsection; and, at the discretion
975 of the Secretary of Transportation and notwithstanding any
976 bonding requirement under s. 337.18, to require a surety bond in
977 an amount that is less than the awarded contract price.
978 1. The department may waive the requirement for all or a
979 portion of a surety bond if:
980 a. The contract price is $250,000 or less and the
981 department determines that the project is of a noncritical
982 nature and that nonperformance will not endanger public health,
983 safety, or property;
984 b. The prime contractor is a qualified nonprofit agency for
985 the blind or for the other severely handicapped under s.
986 413.036(2); or
987 c. The prime contractor is using a subcontractor that is a
988 qualified nonprofit agency for the blind or for the other
989 severely handicapped under s. 413.036(2). However, the
990 department may not waive more than the amount of the
991 subcontract.
992 2. If the department determines that it is in the best
993 interests of the department to reduce the bonding requirement
994 for a project and that to do so will not endanger public health,
995 safety, or property, the department may waive the requirement of
996 a surety bond in an amount equal to the awarded contract price
997 for a project having a contract price of $250 million or more
998 and, in its place, may set a surety bond amount that is a
999 portion of the total contract price and provide an alternate
1000 means of security for the balance of the contract amount that is
1001 not covered by the surety bond or provide for incremental surety
1002 bonding and provide an alternate means of security for the
1003 balance of the contract amount that is not covered by the surety
1004 bond. Such alternative means of security may include letters of
1005 credit, United States bonds and notes, parent company
1006 guarantees, and cash collateral. The department may require
1007 alternate means of security if a surety bond is waived. The
1008 surety on such bond shall be a surety company authorized to do
1009 business in the state. All bonds shall be payable to the
1010 department and conditioned for the prompt, faithful, and
1011 efficient performance of the contract according to plans and
1012 specifications and within the time period specified, and for the
1013 prompt payment of all persons defined in s. 713.01 furnishing
1014 labor, material, equipment, and supplies for work provided in
1015 the contract; however, whenever an improvement, demolition, or
1016 removal contract price is $25,000 or less, the security may, in
1017 the discretion of the bidder, be in the form of a cashier’s
1018 check, bank money order of any state or national bank, certified
1019 check, or postal money order. The department shall adopt rules
1020 to implement this subsection. Such rules shall include
1021 provisions under which the department shall refuse to accept
1022 bonds on contracts when a surety wrongfully fails or refuses to
1023 settle or provide a defense for claims or actions arising under
1024 a contract for which the surety previously furnished a bond.
1025 Section 32. Subsection (3) of section 337.251, Florida
1026 Statutes, is amended to read:
1027 337.251 Lease of property for joint public-private
1028 development and areas above or below department property.—
1029 (3) A proposal must be selected by the department based on
1030 competitive bidding, except that the department may consider
1031 other relevant factors specified in the request for proposals.
1032 The department may consider such factors as the value of
1033 property exchanges, the cost of construction, and other
1034 recurring costs for the benefit of the department by the lessee
1035 in lieu of direct revenue to the department if such other
1036 factors are of equal value including innovative proposals to
1037 involve small minority businesses. The department may name a
1038 board of advisers which may be composed of accountants, real
1039 estate appraisers, design engineers, or other experts
1040 experienced in the type of development proposed. The board of
1041 advisers shall review the feasibility of the proposals,
1042 recommend acceptance or rejection of each proposal, and rank
1043 each feasible proposal in the order of technical feasibility and
1044 benefit provided to the department. The board of advisers shall
1045 be reasonably compensated for the services provided and all
1046 department costs for evaluating the proposals shall be
1047 reimbursed from a proposal application fee to be set by the
1048 department and paid by the applicants. The board of advisers
1049 shall not be subject to selection under the provisions of
1050 chapter 287.
1051 Section 33. Section (2) of section 337.401, Florida
1052 Statutes, is amended to read:
1053 337.401 Use of right-of-way for utilities subject to
1054 regulation; permit; fees.—
1055 (2)(a) The authority may grant to any person who is a
1056 resident of this state, or to any corporation which is organized
1057 under the laws of this state or licensed to do business within
1058 this state, the use of a right-of-way for the utility in
1059 accordance with such rules or regulations as the authority may
1060 adopt. A utility may not be installed, located, or relocated
1061 unless authorized by a written permit issued by the authority.
1062 However, for public roads or publicly owned rail corridors under
1063 the jurisdiction of the department, a utility relocation
1064 schedule and relocation agreement may be executed in lieu of a
1065 written permit. The permit must require the permitholder to be
1066 responsible for any damage resulting from the issuance of such
1067 permit. The authority may initiate injunctive proceedings as
1068 provided in s. 120.69 to enforce provisions of this subsection
1069 or any rule or order issued or entered into pursuant thereto. A
1070 permit application required under this subsection by a county or
1071 municipality having jurisdiction and control of the right-of-way
1072 of any public road must be processed and acted upon in
1073 accordance with the timeframes provided in subparagraphs
1074 (7)(d)7., 8., and 9.
1075 (b) Notwithstanding paragraph (a), a municipality may not
1076 prohibit, or require a permit for, the installation of a public
1077 sewer transmission line placed and maintained within and under
1078 publicly dedicated rights-of-way as part of a septic-to-sewer
1079 conversion where the work is being performed under permits
1080 issued by the Department of Transportation pursuant to this
1081 chapter and the Department of Environmental Protection, or its
1082 delegate, pursuant to chapter 403.
1083 Section 34. Subsection (4) of section 337.406, Florida
1084 Statutes, is amended to read:
1085 337.406 Unlawful use of state transportation facility
1086 right-of-way; penalties.—
1087 (4)(a) Camping is prohibited on any portion of the right
1088 of-way of the State Highway System that is within 100 feet of a
1089 bridge, causeway, overpass, or ramp.
1090 (b) This subsection does not apply to a person who has
1091 acquired the appropriate permits and is actively navigating the
1092 federally designated Florida National Scenic Trail recognized by
1093 the state in s. 260.012(6).
1094 Section 35. Subsection (4) of section 338.227, Florida
1095 Statutes, is amended to read:
1096 338.227 Turnpike revenue bonds.—
1097 (4) The Department of Transportation and the Department of
1098 Management Services shall create and implement an outreach
1099 program designed to enhance the participation of small minority
1100 persons and minority business enterprises in all contracts
1101 entered into by their respective departments for services
1102 related to the financing of department projects for the
1103 Strategic Intermodal System Plan developed pursuant to s.
1104 339.64. These services shall include, but are not limited to,
1105 bond counsel and bond underwriters.
1106 Section 36. Subsection (6) is added to section 339.08,
1107 Florida Statutes, to read:
1108 339.08 Use of moneys in State Transportation Trust Fund.—
1109 (6)(a) As used in this subsection, the term “energy policy
1110 of the state” means the energy policy described in s. 377.601
1111 and includes any intended or actual measure, obligation, target,
1112 or timeframe related to a reduction in carbon dioxide emissions.
1113 (b) The department may not expend any state funds as
1114 described in s. 215.31 to support a project or program of any of
1115 the following entities if such entities adopt or promote energy
1116 policy goals inconsistent with the energy policy of the state:
1117 1. A public transit provider as defined in s. 341.031(1).
1118 2. An authority created pursuant to chapter 343, chapter
1119 348, or chapter 349.
1120 3. A public-use airport as defined in s. 332.004.
1121 4. A port listed in s. 311.09(1).
1122 Section 37. Section 339.0805, Florida Statutes, is
1123 repealed.
1124 Section 38. Paragraph (a) of subsection (4) of section
1125 339.135, Florida Statutes, is amended to read:
1126 339.135 Work program; legislative budget request;
1127 definitions; preparation, adoption, execution, and amendment.—
1128 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
1129 (a)1. To assure that no district or county is penalized for
1130 local efforts to improve the State Highway System, the
1131 department shall, for the purpose of developing a tentative work
1132 program, allocate funds for new construction to the districts,
1133 except for the turnpike enterprise, based on equal parts of
1134 population and motor fuel tax collections. Funds for
1135 resurfacing, bridge repair and rehabilitation, bridge fender
1136 system construction or repair, public transit projects except
1137 public transit block grants as provided in s. 341.052 and rural
1138 transit operating block grants as provided in s. 341.0525, and
1139 other programs with quantitative needs assessments shall be
1140 allocated based on the results of these assessments. The
1141 department may not transfer any funds allocated to a district
1142 under this paragraph to any other district except as provided in
1143 subsection (7). Funds for public transit block grants shall be
1144 allocated to the districts pursuant to s. 341.052. Funds for
1145 rural transit operating block grants shall be allocated to the
1146 districts pursuant to s. 341.0525. Funds for the intercity bus
1147 program provided for under s. 5311(f) of the federal
1148 nonurbanized area formula program shall be administered and
1149 allocated directly to eligible bus carriers as defined in s.
1150 341.031(12) at the state level rather than the district. In
1151 order to provide state funding to support the intercity bus
1152 program provided for under provisions of the federal 5311(f)
1153 program, the department shall allocate an amount equal to the
1154 federal share of the 5311(f) program from amounts calculated
1155 pursuant to s. 206.46(3).
1156 2. Notwithstanding the provisions of subparagraph 1., the
1157 department shall allocate at least 50 percent of any new
1158 discretionary highway capacity funds to the Florida Strategic
1159 Intermodal System created pursuant to s. 339.61. Any remaining
1160 new discretionary highway capacity funds shall be allocated to
1161 the districts for new construction as provided in subparagraph
1162 1. For the purposes of this subparagraph, the term “new
1163 discretionary highway capacity funds” means any funds available
1164 to the department above the prior year funding level for
1165 capacity improvements, which the department has the discretion
1166 to allocate to highway projects.
1167 Section 39. Paragraph (b) of subsection (3) and paragraph
1168 (c) of subsection (4) of section 339.2821, Florida Statutes, are
1169 amended to read:
1170 339.2821 Economic development transportation projects.—
1171 (3)
1172 (b) The department must ensure that it is supportive of
1173 small businesses as defined in s. 337.027(2) small and minority
1174 businesses have equal access to participate in transportation
1175 projects funded pursuant to this section.
1176 (4) A contract between the department and a governmental
1177 body for a transportation project must:
1178 (c) Require that the governmental body provide the
1179 department with progress reports. Each progress report must
1180 contain:
1181 1. A narrative description of the work completed and
1182 whether the work is proceeding according to the transportation
1183 project schedule;
1184 2. A description of each change order executed by the
1185 governmental body;
1186 3. A budget summary detailing planned expenditures compared
1187 to actual expenditures; and
1188 4. The identity of each small or minority business used as
1189 a contractor or subcontractor.
1190 Section 40. Section 339.287, Florida Statutes, is repealed.
1191 Section 41. Paragraph (a) of subsection (5) of section
1192 339.63, Florida Statutes, is amended to read:
1193 339.63 System facilities designated; additions and
1194 deletions.—
1195 (5)(a) The Secretary of Transportation shall designate a
1196 planned facility as part of the Strategic Intermodal System upon
1197 request of the facility if it meets the criteria and thresholds
1198 established by the department pursuant to subsection (4), is
1199 meets the definition of an “intermodal logistics center” as
1200 defined in s. 311.101(2), and has been designated in a local
1201 comprehensive plan or local government development order as an
1202 intermodal logistics center or an equivalent planning term. For
1203 the purpose of this section, the term “intermodal logistics
1204 center” means a facility or group of facilities, including, but
1205 not limited to, an inland port, serving as a point of intermodal
1206 transfer of freight in a specific area physically separated from
1207 a seaport whose activities relating to transport, logistics,
1208 goods distribution, consolidation, or value-added activities are
1209 carried out and whose activities and services are designed to
1210 support or be supported by one or more seaports, as provided in
1211 s. 311.09, or an airport whose activities and services are
1212 designed to support the transport, logistics, goods
1213 distribution, consolidation, or value-added activities related
1214 to airborne cargo.
1215 Section 42. Subsections (3) and (7) of section 339.651,
1216 Florida Statutes, are amended to read:
1217 339.651 Strategic Intermodal System supply chain demands.—
1218 (3) The department may shall make up to $20 million
1219 available each year for fiscal years 2023-2024 through 2027
1220 2028, from the existing work program revenues, to fund projects
1221 that meet the public purpose of providing increased capacity and
1222 enhanced capabilities to move and store construction aggregate.
1223 Applicants eligible for project funding under this section are
1224 seaports listed in s. 311.09 and rail lines and rail facilities.
1225 (7) This section shall stand repealed on July 1, 2028.
1226 Section 43. Paragraph (b) of subsection (6) of section
1227 341.051, Florida Statutes, is amended to read:
1228 341.051 Administration and financing of public transit and
1229 intercity bus service programs and projects.—
1230 (6) ANNUAL APPROPRIATION.—
1231 (b) If funds are allocated to projects that qualify for the
1232 New Starts Transit Program in the current fiscal year and a
1233 project will not be ready for production by June 30, those funds
1234 must The remaining unallocated New Starts Transit Program funds
1235 as of June 30, 2024, shall be reallocated for the purpose of the
1236 Strategic Intermodal System within the State Transportation
1237 Trust Fund for the next fiscal year. This paragraph expires June
1238 30, 2026.
1239
1240 For purposes of this section, the term “net operating costs”
1241 means all operating costs of a project less any federal funds,
1242 fares, or other sources of income to the project.
1243 Section 44. Subsections (1) and (6) of section 341.052,
1244 Florida Statutes, are amended to read:
1245 341.052 Public transit block grant program; administration;
1246 eligible projects; limitation.—
1247 (1) There is created a public transit block grant program
1248 which shall be administered by the department. Block grant funds
1249 shall only be provided to “Section 9” providers and “Section 18”
1250 providers designated by the United States Department of
1251 Transportation pursuant to 49 U.S.C. s. 5307 and community
1252 transportation coordinators as defined in chapter 427. Eligible
1253 providers must establish public transportation development plans
1254 consistent, to the maximum extent feasible, with approved local
1255 government comprehensive plans of the units of local government
1256 in which the provider is located and the long-range
1257 transportation plans of the metropolitan planning organization
1258 in which the provider is located. In developing public
1259 transportation development plans, eligible providers must
1260 solicit comments from local workforce development boards
1261 established under chapter 445. The development plans must
1262 address how the public transit provider will work with the
1263 appropriate local workforce development board to provide
1264 services to participants in the welfare transition program.
1265 Eligible providers must provide information to the local
1266 workforce development board serving the county in which the
1267 provider is located regarding the availability of transportation
1268 services to assist program participants.
1269 (6) The department shall distribute 85 percent of the
1270 public transit block grant funds to “Section 9” and “Section 18”
1271 providers designated by the United States Department of
1272 Transportation pursuant to 49 U.S.C. s. 5307. The funds shall be
1273 distributed to such “Section 9” providers, and to “Section 18”
1274 providers that are not designated as community transportation
1275 coordinators pursuant to chapter 427, according to the following
1276 formula, except that at least $20,000 shall be distributed to
1277 each eligible provider if application of the formula provides
1278 less than that amount for any such provider:
1279 (a) One-third shall be distributed according to the
1280 percentage that an eligible provider’s county population in the
1281 most recent year for which those population figures are
1282 available from the state census repository is of the total
1283 population of all counties served by eligible providers.
1284 (b) One-third shall be distributed according to the
1285 percentage that the total revenue miles provided by an eligible
1286 provider, as verified by the most recent National Transit
1287 Database “Section 15” report to the Federal Transit
1288 Administration or a similar audited report submitted to the
1289 department, is of the total revenue miles provided by eligible
1290 providers in the state in that year.
1291 (c) One-third shall be distributed according to the
1292 percentage that the total passengers carried by an eligible
1293 provider, as verified by the most recent National Transit
1294 Database “Section 15” report submitted to the Federal Transit
1295 Administration or a similar audited report submitted to the
1296 department, is of the total number of passengers carried by
1297 eligible providers in the state in that year.
1298 Section 45. Section 341.0525, Florida Statutes, is created
1299 to read:
1300 341.0525 Rural transit operating block grant program;
1301 administration; eligible projects.—
1302 (1) There is created a rural transit operating block grant
1303 program that shall be administered by the department. Rural
1304 transit block grant funds are available only to public transit
1305 providers not eligible to receive public transit block grants
1306 pursuant to s. 341.052.
1307 (2) At least $3 million must be allocated annually from the
1308 State Transportation Trust Fund for the program. At least
1309 $20,000 must be distributed to each eligible provider if
1310 application of the following formula provides less than that
1311 amount for any such provider:
1312 (a) One-third must be distributed according to the
1313 percentage that an eligible provider’s non-urbanized county
1314 population in the most recent year official population estimate
1315 pursuant to s. 186.901 is of the total population of all
1316 counties served by eligible providers.
1317 (b) One-third must be distributed according to the
1318 percentage that the total non-urbanized revenue miles provided
1319 by an eligible provider, as verified by the most recent National
1320 Transit Database report or a similar audited report submitted to
1321 the department, is of the total rural revenue miles provided by
1322 eligible providers in the state in that year.
1323 (c) One-third must be distributed according to the
1324 percentage that the total non-urbanized passengers carried by an
1325 eligible provider, as verified by the most recent National
1326 Transit Database report or a similar audited report submitted to
1327 the department, is of the total number of passengers carried by
1328 eligible providers in the state in that year.
1329 (3) Grant funds must be used to pay public transit
1330 operating costs. State participation in such costs may not
1331 exceed 50 percent of such costs or an amount equal to the total
1332 revenue, excluding farebox, charter, and advertising revenue and
1333 federal funds, received by the provider for operating costs,
1334 whichever amount is less.
1335 (4)(a) An eligible public transit provider may not use
1336 block grant funds to supplant local tax revenues made available
1337 to such provider for operations in the previous year; however,
1338 the Secretary of Transportation may waive this provision for
1339 public transit providers located in a county recovering from a
1340 state of emergency declared pursuant to part I of chapter 252.
1341 (b) The state may not give any county more than 39 percent
1342 of the funds available for distribution under this section or
1343 more than the amount that local revenue sources provide to that
1344 county for its transit system.
1345 (5) To remain eligible to receive funding under the
1346 program, eligible public transit providers must comply with s.
1347 341.071(1) and (2).
1348 (6)(a) Any funds distributed to an eligible provider
1349 pursuant to subsection (2) which cannot be expended within the
1350 limitations of the program must be returned to the department
1351 for redistribution to other eligible providers.
1352 (b) The department may consult with an eligible provider,
1353 before distributing funds to that provider, to determine whether
1354 the provider can expend its total block grant within the
1355 limitations of the program. If the department and the provider
1356 agree that the total block grant amount cannot be expended, the
1357 provider may agree to accept a block grant amount of less than
1358 the total amount, in which case the funds that exceed such
1359 lesser agreed-upon amount must be redistributed to other
1360 eligible providers.
1361 (c) If an audit reveals that an eligible provider expended
1362 block grant funds on unauthorized uses, the provider must repay
1363 to the department an amount equal to the funds expended for
1364 unauthorized uses. The department shall redistribute such
1365 repayments to other eligible providers.
1366
1367 ================= T I T L E A M E N D M E N T ================
1368 And the title is amended as follows:
1369 Delete lines 19 - 195
1370 and insert:
1371 the Department of Transportation; providing for
1372 membership of the institute; requiring the department
1373 to select a member to serve as the administrative lead
1374 of the institute; requiring the Secretary of
1375 Transportation to appoint a representative of the
1376 department to serve as the executive director of the
1377 institute; requiring the department to coordinate with
1378 the members of the institute to adopt certain
1379 policies; authorizing the institute to award certain
1380 grants; authorizing the department to allocate funds
1381 to the institute from the State Transportation Trust
1382 Fund; authorizing the institute to expend funds for
1383 certain operations and programs; requiring the
1384 institute to submit an annual report to the Secretary
1385 of Transportation and the commission; revising the
1386 department’s areas of program responsibility; amending
1387 s. 311.07, F.S.; providing that certain spaceport and
1388 space industry-related facility projects and
1389 commercial shipbuilding and manufacturing facility
1390 projects are eligible for grant funding under the
1391 Florida Seaport Transportation and Economic
1392 Development Program; amending s. 311.09, F.S.;
1393 revising the purpose of the Florida Seaport
1394 Transportation and Economic Development Council;
1395 requiring that the Florida Seaport Mission Plan
1396 include certain recommendations; requiring each port
1397 member of the council to submit a certain semiannual
1398 report to the department; amending s. 311.10, F.S.;
1399 requiring seaports located in specified counties to
1400 include certain statements in any agreement with the
1401 department as a condition of receiving certain grants
1402 or state funds; requiring that express approval for
1403 certain seaport conversions be obtained by specified
1404 entities upon recommendation by the funding agency;
1405 defining the term “cargo purposes”; amending s.
1406 311.101, F.S.; revising the definition of the term
1407 “intermodal logistics center”; creating an intermodal
1408 logistics center working group within the department;
1409 providing the composition of the working group
1410 membership; specifying that members of the working
1411 group serve without compensation but are eligible for
1412 per diem and travel expenses; providing
1413 responsibilities of the working group; requiring the
1414 working group to submit a report to the Governor and
1415 the Legislature by a specified date; providing for the
1416 future repeal of the working group; amending s.
1417 316.003, F.S.; revising the definition of the term
1418 “special mobile equipment”; repealing s. 316.0741,
1419 F.S., relating to high-occupancy-vehicle lanes;
1420 amending s. 316.0745, F.S.; deleting language limiting
1421 the state funds that may be withheld due to certain
1422 violations by a public body or official to state funds
1423 for traffic control purposes; providing that such
1424 violations are cause for the withholding of state
1425 funds deposited in the State Transportation Trust
1426 Fund; amending s. 316.550, F.S.; authorizing the
1427 Department of Transportation to issue a mobile crane
1428 special blanket permit for certain purposes; amending
1429 s. 330.27, F.S.; revising definitions and defining
1430 terms; amending s. 330.30, F.S.; requiring a private
1431 airport of public interest to obtain a certain
1432 certificate from the department before allowing
1433 aircraft operations; requiring certain private
1434 airports to obtain a certain certificate from the
1435 department by a specified date; creating s. 330.355,
1436 F.S.; prohibiting publicly owned airports from
1437 charging a landing fee established on or after a
1438 specified date for certain aircraft operations;
1439 amending s. 331.371, F.S.; authorizing the department,
1440 in consultation with the Department of Commerce and
1441 the Department of Environmental Protection, to fund
1442 certain infrastructure projects and projects
1443 associated with certain critical infrastructure
1444 projects; requiring such departments to coordinate in
1445 funding certain projects for a specified purpose;
1446 amending s. 332.003, F.S.; revising a short title;
1447 amending s. 332.005, F.S.; requiring airports to
1448 provide the Department of Transportation with the
1449 opportunity to use certain airport property for a
1450 specified purpose during a declared state of
1451 emergency; requiring that such use be conducted
1452 pursuant to a written agreement after a certain period
1453 of use; amending s. 332.006, F.S.; deleting a
1454 requirement that the department meet certain duties
1455 and responsibilities within the resources provided
1456 pursuant to a specified chapter; providing duties and
1457 responsibilities of the department relating to certain
1458 educational services; amending s. 332.007, F.S.;
1459 requiring commercial service airports to establish and
1460 maintain a certain program; defining the term “airport
1461 infrastructure”; requiring that such airports provide
1462 a certain annual certification to the department;
1463 requiring that a certain program report be open to
1464 department inspection and maintained for a specified
1465 period; providing requirements for such program;
1466 revising the list of projects for which the department
1467 must provide priority funding; authorizing the
1468 department to fund eligible projects performed by
1469 certain organizations and postsecondary education
1470 institutions; providing that certain programs are
1471 eligible projects; authorizing the department to
1472 provide certain matching funds; revising the
1473 circumstances in which the department may fund
1474 strategic airport investment projects; amending s.
1475 332.0075, F.S.; revising definitions; requiring that
1476 certain information remain posted on a governing
1477 body’s website for a certain period; revising the
1478 information that must be included on such website;
1479 requiring the quarterly, rather than annual, update of
1480 certain information; revising information that the
1481 governing body of a commercial service airport must
1482 submit to the department annually; requiring a
1483 commercial service airport to provide certain
1484 notifications to the department; creating s. 332.15,
1485 F.S.; requiring the department to address certain
1486 needs in the statewide aviation system plan and the
1487 department’s work program, designate a certain subject
1488 matter expert, conduct a specified review, and, in
1489 coordination with the Department of Commerce, provide
1490 certain coordination and assistance for the
1491 development of a viable advanced air mobility system
1492 plan; amending s. 334.044, F.S.; revising the general
1493 powers and duties of the department; amending s.
1494 334.045, F.S.; requiring certain measures developed
1495 and adopted by the Florida Transportation Commission
1496 to assess performance in a specified business
1497 development program, instead of disadvantaged business
1498 enterprise and minority business programs; amending s.
1499 334.27, F.S.; providing powers of certain parking
1500 authorities; authorizing parking authorities to engage
1501 in certain activities upon entering into an interlocal
1502 agreement with certain political subdivisions;
1503 creating s. 334.62, F.S.; providing legislative
1504 findings; establishing the Florida Transportation
1505 Academy within the department; authorizing the
1506 department to coordinate with certain entities for
1507 specified purposes; amending s. 335.182, F.S.;
1508 defining the term “modification of an existing
1509 connection”; revising the definition of the term
1510 “significant change”; amending s. 335.187, F.S.;
1511 authorizing the department to modify or revoke certain
1512 access permits by requiring modification of an
1513 existing connection in certain circumstances; amending
1514 s. 337.027, F.S.; revising the definition of the term
1515 “small business”; authorizing the department to
1516 provide notice of certain opportunities; amending s.
1517 337.11, F.S.; requiring the department to give
1518 consideration to small business participation, instead
1519 of disadvantaged business enterprise participation;
1520 repealing s. 337.125, F.S., relating to socially and
1521 economically disadvantaged business enterprises and
1522 notice requirements; repealing s. 337.135, F.S.,
1523 relating to socially and economically disadvantaged
1524 business enterprises and punishment for false
1525 representation; repealing s. 337.139, F.S., relating
1526 to efforts to encourage awarding contracts to
1527 disadvantaged business enterprises; amending s.
1528 337.18, F.S.; authorizing the Secretary of
1529 Transportation to require a surety bond in an amount
1530 that is less than the awarded contract price; amending
1531 s. 337.251, F.S.; revising factors that may be
1532 considered by the department when selecting certain
1533 proposals; amending s. 337.401, F.S.; prohibiting a
1534 municipality from prohibiting, or requiring a permit
1535 for, the installation of certain public sewer
1536 transmission lines; amending s. 337.406, F.S.;
1537 prohibiting camping on any portion of the right-of-way
1538 of the State Highway System; providing applicability;
1539 amending s. 338.227, F.S.; revising the purpose for
1540 which the department and the Department of Management
1541 Services shall create and implement a certain outreach
1542 program; amending s. 339.08, F.S.; defining the term
1543 “energy policy of the state”; prohibiting the
1544 department from expending state funds to support
1545 projects or programs of certain entities in certain
1546 circumstances; repealing s. 339.0805, F.S., relating
1547 to funds to be expended with certified disadvantaged
1548 business enterprises, a construction management
1549 development program, and a bond guarantee program;
1550 amending s. 339.135, F.S.; requiring that funds for
1551 rural transit operating block grants be allocated in a
1552 certain manner; amending s. 339.2821, F.S.; requiring
1553 the department to ensure that it is supportive of
1554 small businesses, rather than ensuring that small and
1555 minority businesses have equal access to participation
1556 in certain transportation projects; repealing s.
1557 339.287, F.S., relating to electric vehicle charging
1558 stations and infrastructure plan development; amending
1559 s. 339.63, F.S.; deleting the definition of the term
1560 “intermodal logistics center”; amending s. 339.651,
1561 F.S.; authorizing, rather than requiring, the
1562 department to make a certain amount available from the
1563 existing work program to fund certain projects
1564 annually; deleting the scheduled repeal of provisions
1565 relating to Strategic Intermodal System supply chain
1566 demands; amending s. 341.051, F.S.; providing for the
1567 reallocation of certain funds; deleting the scheduled
1568 repeal of provisions providing for the reallocation of
1569 certain funds; amending s. 341.052, F.S.; revising the
1570 list of providers to which certain block grant funds
1571 shall be provided; revising the specified report used
1572 to verify certain data; creating s. 341.0525, F.S.;
1573 creating a rural transit operating block grant program
1574 that shall be administered by the department;
1575 requiring the annual allocation of certain funds from
1576 the State Transportation Trust Fund for the program;
1577 providing for the distribution of funds to each
1578 eligible public transit provider in at least a certain
1579 amount; providing authorized uses of grant funds;
1580 prohibiting state participation in certain costs above
1581 a specified percentage or amount; prohibiting an
1582 eligible public transit provider from using block
1583 grant funds in a certain manner; providing an
1584 exception; prohibiting the state from giving a county
1585 more than a specified percentage of available funds or
1586 a certain amount; providing eligibility requirements;
1587 requiring an eligible provider to return funds under
1588 certain circumstances; authorizing the department to
1589 consult with an eligible provider before distributing
1590 funds to make a certain determination; requiring an
1591 eligible provider to repay to the department funds
1592 expended on unauthorized uses if revealed in an audit;
1593 requiring the department to redistribute returned and
1594 repaid funds to other eligible providers; amending s.
1595 348.754, F.S.; revising the