Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1662
Ì690598^Î690598
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/14/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Appropriations Committee on Transportation, Tourism, and
Economic Development (Collins) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 346 - 1661
4 and insert:
5 (b) The mission of the institute is to advance the state’s
6 transportation infrastructure and systems through research,
7 education, and engagement for a safer and more efficient,
8 resilient, and innovative movement of people and goods
9 throughout this state.
10 (c) The institute shall report to the department and shall
11 be composed of members from the University of Florida, Indian
12 River State College, the University of Central Florida, the
13 University of South Florida, and Florida International
14 University. The department shall select a member to serve as the
15 administrative lead of the institute. The department shall
16 assess the performance of the administrative lead periodically
17 to ensure accountability and assess the attainment of
18 performance goals.
19 (d) The Secretary of Transportation shall appoint a
20 representative of the department to serve as the executive
21 director of the institute. The department shall coordinate with
22 the members of the institute to adopt policies establishing the
23 institute’s executive committee and mission statement.
24 (e) The institute may award grants in alignment with its
25 purpose. Such grants may be directed to member and nonmember
26 institutions that have a proven expertise relevant to the grant,
27 including not-for-profit organizations and institutions of
28 higher education.
29 (f) The department may allocate funds to the institute from
30 the State Transportation Trust Fund. The institute may expend
31 such funds for the institute’s operations and programs to
32 support research and innovation projects that provide solutions
33 for this state’s transportation needs.
34 (g) The institute shall submit an annual report of
35 performance metrics to the Secretary of Transportation and the
36 commission. The report must include, but is not limited to,
37 expenditures of funds allocated to the institute by the
38 department, ongoing and proposed research efforts, and the
39 application and success of past research efforts.
40 (4)(3)
41 (b) The secretary may appoint positions at the level of
42 deputy assistant secretary or director which the secretary deems
43 necessary to accomplish the mission and goals of the department,
44 including, but not limited to, the areas of program
45 responsibility provided in this paragraph, each of whom shall be
46 appointed by and serve at the pleasure of the secretary. The
47 secretary may combine, separate, or delete offices as needed in
48 consultation with the Executive Office of the Governor. The
49 department’s areas of program responsibility include, but are
50 not limited to, all of the following:
51 1. Administration.
52 2. Planning.
53 3. Supply chain and modal development.
54 4. Design.
55 5. Highway operations.
56 6. Right-of-way.
57 7. Toll operations.
58 8. Transportation technology.
59 9. Information technology systems.
60 10. Motor carrier weight inspection.
61 11. Work program and budget.
62 12. Comptroller.
63 13. Construction.
64 14. Statewide corridors.
65 15. Maintenance.
66 16. Forecasting and performance.
67 17. Emergency management.
68 18. Safety.
69 19. Materials.
70 20. Infrastructure and innovation.
71 21. Permitting.
72 22. Traffic operations.
73 23. Operational technology.
74 Section 2. Paragraph (b) of subsection (3) of section
75 311.07, Florida Statutes, is amended to read:
76 311.07 Florida seaport transportation and economic
77 development funding.—
78 (3)
79 (b) Projects eligible for funding by grants under the
80 program are limited to the following port facilities or port
81 transportation projects:
82 1. Transportation facilities within the jurisdiction of the
83 port.
84 2. The dredging or deepening of channels, turning basins,
85 or harbors.
86 3. The construction or rehabilitation of wharves, docks,
87 structures, jetties, piers, storage facilities, cruise
88 terminals, automated people mover systems, or any facilities
89 necessary or useful in connection with any of the foregoing.
90 4. The acquisition of vessel tracking systems, container
91 cranes, or other mechanized equipment used in the movement of
92 cargo or passengers in international commerce.
93 5. The acquisition of land to be used for port purposes.
94 6. The acquisition, improvement, enlargement, or extension
95 of existing port facilities.
96 7. Environmental protection projects which are necessary
97 because of requirements imposed by a state agency as a condition
98 of a permit or other form of state approval; which are necessary
99 for environmental mitigation required as a condition of a state,
100 federal, or local environmental permit; which are necessary for
101 the acquisition of spoil disposal sites and improvements to
102 existing and future spoil sites; or which result from the
103 funding of eligible projects listed in this paragraph.
104 8. Transportation facilities as defined in s. 334.03(30)
105 which are not otherwise part of the Department of
106 Transportation’s adopted work program.
107 9. Intermodal access projects.
108 10. Construction or rehabilitation of port facilities as
109 defined in s. 315.02, excluding any park or recreational
110 facilities, in ports listed in s. 311.09(1) with operating
111 revenues of $5 million or less, provided that such projects
112 create economic development opportunities, capital improvements,
113 and positive financial returns to such ports.
114 11. Seaport master plan or strategic plan development or
115 updates, including the purchase of data to support such plans.
116 12. Spaceport or space industry-related planning or
117 construction of facilities on seaport property which are
118 necessary or useful for advancing the space industry in this
119 state and provide an economic benefit to this state.
120 13. Commercial shipbuilding and manufacturing facilities on
121 seaport property, if such projects provide an economic benefit
122 to the community in which the seaport is located.
123 Section 3. Subsections (1) and (3) of section 311.09,
124 Florida Statutes, are amended to read:
125 311.09 Florida Seaport Transportation and Economic
126 Development Council.—
127 (1) The Florida Seaport Transportation and Economic
128 Development Council is created within the Department of
129 Transportation. The purpose of the council is to support the
130 growth of seaports in this state through review, development,
131 and financing of port transportation and port facilities. The
132 council is composed consists of the following 18 members: the
133 port director, or the port director’s designee, of each of the
134 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce,
135 Palm Beach, Port Everglades, Miami, Port Manatee, St.
136 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
137 Pensacola, Key West, and Fernandina; the secretary of the
138 Department of Transportation or his or her designee; and the
139 secretary of the Department of Commerce or his or her designee.
140 (3) The council shall prepare a 5-year Florida Seaport
141 Mission Plan defining the goals and objectives of the council
142 concerning the development of port facilities and an intermodal
143 transportation system consistent with the goals of the Florida
144 Transportation Plan developed pursuant to s. 339.155. The
145 Florida Seaport Mission Plan shall include specific
146 recommendations for the construction of transportation
147 facilities connecting any port to another transportation mode,
148 the construction of transportation facilities connecting any
149 port to the space and aerospace industries, and for the
150 efficient, cost-effective development of transportation
151 facilities or port facilities for the purpose of enhancing
152 trade, promoting cargo flow, increasing cruise passenger
153 movements, increasing port revenues, and providing economic
154 benefits to the state. The council shall develop a priority list
155 of projects based on these recommendations annually and submit
156 the list to the Department of Transportation. The council shall
157 update the 5-year Florida Seaport Mission Plan annually and
158 shall submit the plan no later than February 1 of each year to
159 the President of the Senate, the Speaker of the House of
160 Representatives, the Department of Commerce, and the Department
161 of Transportation. The council shall develop programs, based on
162 an examination of existing programs in Florida and other states,
163 for the training of minorities and secondary school students in
164 job skills associated with employment opportunities in the
165 maritime industry, and report on progress and recommendations
166 for further action to the President of the Senate and the
167 Speaker of the House of Representatives annually. Each port
168 member of the council shall submit a semiannual report related
169 to his or her port’s operations and support of the state’s
170 economic competitiveness and supply chain. Reports must be
171 submitted to the Department of Transportation and include any
172 information required by the Department of Transportation in
173 consultation with the Department of Commerce. Such reports must
174 include, but are not limited to, all of the following
175 information:
176 (a) Bulk break capacity.
177 (b) Liquid storage and capacity.
178 (c) Fuel storage and capacity.
179 (d) Container capacity.
180 (e) A description of any supply chain disruption.
181 Section 4. Subsection (4) is added to section 311.10,
182 Florida Statutes, to read:
183 311.10 Strategic Port Investment Initiative.—
184 (4) As a condition of receiving a project grant under any
185 program established in this chapter and as a condition of
186 receiving state funds as described in s. 215.31, a seaport
187 located in any county identified in s. 331.304(1), (5), or (7)
188 must include in any agreement with the Department of
189 Transportation that the seaport may not convert any planned or
190 existing land, facility, or infrastructure designated for cargo
191 purposes to any alternative purpose unless the conversion is
192 approved by the seaport at a publicly noticed meeting as a
193 separate line item on the agenda and with a reasonable
194 opportunity for public comment. If the conversion is approved by
195 the seaport, express approval must be obtained by the Florida
196 Seaport Transportation and Economic Development Council and the
197 Florida Transportation Commission upon recommendation by the
198 funding agency. As used in this subsection, the term “cargo
199 purposes” includes, but is not limited to, any facility,
200 activity, property, energy source, or infrastructure asset that
201 supports spaceport activities.
202 Section 5. Subsection (83) of section 316.003, Florida
203 Statutes, is amended to read:
204 316.003 Definitions.—The following words and phrases, when
205 used in this chapter, shall have the meanings respectively
206 ascribed to them in this section, except where the context
207 otherwise requires:
208 (83) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or
209 used primarily for the transportation of persons or property and
210 only incidentally operated or moved over a highway, including,
211 but not limited to, ditchdigging apparatus, well-boring
212 apparatus, and road construction and maintenance machinery, such
213 as asphalt spreaders, bituminous mixers, bucket loaders,
214 tractors other than truck tractors, ditchers, leveling graders,
215 finishing machines, motor graders, road rollers, scarifiers,
216 earthmoving carryalls and scrapers, power shovels and draglines,
217 mobile and self-propelled cranes and accessory support vehicles,
218 and earthmoving equipment. The term does not include house
219 trailers, dump trucks, truck-mounted transit mixers, cranes or
220 shovels, or other vehicles designed for the transportation of
221 persons or property to which machinery has been attached.
222 Section 6. Section 316.0741, Florida Statutes, is repealed.
223 Section 7. Subsection (7) of section 316.0745, Florida
224 Statutes, is amended to read:
225 316.0745 Uniform signals and devices.—
226 (7) The Department of Transportation may, upon receipt and
227 investigation of reported noncompliance and after hearing
228 pursuant to 14 days’ notice, direct the removal of any purported
229 traffic control device that fails to meet the requirements of
230 this section, wherever the device is located and without regard
231 to assigned responsibility under s. 316.1895. The public agency
232 erecting or installing the same shall immediately bring it into
233 compliance with the requirements of this section or remove said
234 device or signal upon the direction of the Department of
235 Transportation and may not, for a period of 5 years, install any
236 replacement or new traffic control devices paid for in part or
237 in full with revenues raised by the state unless written prior
238 approval is received from the Department of Transportation. Any
239 additional violation by a public body or official shall be cause
240 for the withholding of state funds deposited in the State
241 Transportation Trust Fund for traffic control purposes until
242 such public body or official demonstrates to the Department of
243 Transportation that it is complying with this section.
244 Section 8. Subsection (3) of section 316.550, Florida
245 Statutes, is amended to read:
246 316.550 Operations not in conformity with law; special
247 permits.—
248 (3) Notwithstanding subsection (2), the Department of
249 Transportation may issue a mobile crane special blanket permit
250 for any of the following purposes:
251 (a) To authorize a mobile crane to operate on and A permit
252 may authorize a self-propelled truck crane operating off the
253 Interstate Highway System while towing to tow a motor vehicle
254 that which does not weigh more than 5,000 pounds if the combined
255 weight of the crane and such motor vehicle does not exceed
256 95,000 pounds. Notwithstanding s. 320.01(7) or (12), mobile
257 truck cranes that tow another motor vehicle under the provision
258 of this subsection shall be taxed under the provisions of s.
259 320.08(5)(b).
260 (b) To authorize a mobile crane and accessory support
261 vehicles that are up to 12 feet in width, 14 feet 6 inches in
262 height, and 100 feet in length to operate on and off the
263 Interstate Highway System at all hours except as restricted
264 under a local travel-related curfew.
265 (c) To authorize a mobile crane and accessory support
266 vehicles that, due to their design for special use, exceed the
267 weight limits established in s. 316.535 to operate on and off
268 the Interstate Highway System.
269 Section 9. Section 330.27, Florida Statutes, is amended to
270 read:
271 330.27 Definitions, when used in ss. 330.29-330.39.—
272 (1) “Air ambulance operation” means a flight with a patient
273 or medical personnel on board for the purpose of medical
274 transportation.
275 (2) “Aircraft” means a powered or unpowered machine or
276 device capable of atmospheric flight, including, but not limited
277 to, an airplane, an autogyro, a glider, a gyrodyne, a
278 helicopter, a lift and cruise, a multicopter, paramotors, a
279 powered lift, a seaplane, a tiltrotor, an ultralight, and a
280 vectored thrust. The term does not include except a parachute or
281 other such device used primarily as safety equipment.
282 (3)(2) “Airport” means a specific an area of land or water
283 or a structure used for, or intended to be used for, aircraft
284 operations, which may include landing and takeoff of aircraft,
285 including appurtenant areas, buildings, facilities, or rights
286 of-way necessary to facilitate such use or intended use. The
287 term includes, but is not limited to, airparks, airports,
288 gliderports, heliports, helistops, seaplane bases, ultralight
289 flightparks, vertiports, and vertistops.
290 (4) “Commercial air tour operation” means a flight
291 conducted for compensation or hire in an aircraft where a
292 purpose of the flight is sightseeing.
293 (5) “Commuter operation” means any scheduled operation
294 conducted by a person operating an aircraft with a frequency of
295 operations of at least five round trips per week on at least one
296 route between two or more points according to the published
297 flight schedule.
298 (6)(3) “Department” means the Department of Transportation.
299 (7)(4) “Limited airport” means any airport limited
300 exclusively to the specific conditions stated on the site
301 approval order or license.
302 (8) “On-demand operation” means any scheduled passenger
303 carrying operation for compensation or hire conducted by a
304 person operating an aircraft with a frequency of operations of
305 fewer than five round trips per week on at least one route
306 between two or more points according to the published flight
307 schedule.
308 (9)(5) “Private airport” means an airport, publicly or
309 privately owned, which is not open or available for use by the
310 public, but may be made available to others by invitation of the
311 owner or manager.
312 (10) “Private airport of public interest” means a private
313 airport engaged in air ambulance operations, commercial air tour
314 operations, commuter operations, on-demand operations, public
315 charter operations, scheduled operations, or supplemental
316 operations.
317 (11)(6) “Public airport” means an airport, publicly or
318 privately owned, which is open for use by the public.
319 (12) “Public charter operation” means a one-way or round
320 trip charter flight performed by one or more direct air carriers
321 which is arranged and sponsored by a charter operator.
322 (13) “Scheduled operation” means any common carriage
323 passenger-carrying operation for compensation or hire conducted
324 by an air carrier or commercial operator for which the
325 certificateholder or its representative offers in advance the
326 departure location, departure time, and arrival location.
327 (14) “Supplemental operation” means any common carriage
328 operation for compensation or hire conducted with an aircraft
329 for which the departure time, departure location, and arrival
330 location are specifically negotiated with the customer or
331 customer’s representative.
332 (15)(7) “Temporary airport” means an airport at which
333 flight operations are conducted under visual flight rules
334 established by the Federal Aviation Administration and which is
335 used for less than 30 consecutive days with no more than 10
336 operations per day.
337 (8) “Ultralight aircraft” means any aircraft meeting the
338 criteria established by part 103 of the Federal Aviation
339 Regulations.
340 Section 10. Subsections (2) and (4) of section 330.30,
341 Florida Statutes, are amended to read:
342 330.30 Approval of airport sites; registration,
343 certification, and licensure of airports.—
344 (2) LICENSES, CERTIFICATIONS, AND REGISTRATIONS;
345 REQUIREMENTS, RENEWAL, REVOCATION.—
346 (a) Except as provided in subsection (3), the owner or
347 lessee of an airport in this state shall have a public airport
348 license, private airport registration, or temporary airport
349 registration before the operation of aircraft to or from the
350 airport. Application for a license or registration shall be made
351 in a form and manner prescribed by the department.
352 1. For a public airport, upon granting site approval, the
353 department shall issue a license after a final airport
354 inspection finds the airport to be in compliance with all
355 requirements for the license. The license may be subject to any
356 reasonable conditions the department deems necessary to protect
357 the public health, safety, or welfare.
358 2. For a private airport, upon granting site approval, the
359 department shall provide controlled electronic access to the
360 state aviation facility data system to permit the applicant to
361 complete the registration process. Registration shall be
362 completed upon self-certification by the registrant of
363 operational and configuration data deemed necessary by the
364 department.
365 3. For a temporary airport, the department must publish
366 notice of receipt of a completed registration application in the
367 next available publication of the Florida Administrative
368 Register and may not approve a registration application less
369 than 14 days after the date of publication of the notice. The
370 department must approve or deny a registration application
371 within 30 days after receipt of a completed application and must
372 issue the temporary airport registration concurrent with the
373 airport site approval. A completed registration application that
374 is not approved or denied within 30 days after the department
375 receives the completed application is considered approved and
376 shall be issued, subject to such reasonable conditions as are
377 authorized by law. An applicant seeking to claim registration by
378 default under this subparagraph must notify the agency clerk of
379 the department, in writing, of the intent to rely upon the
380 default registration provision of this subparagraph and may not
381 take any action based upon the default registration until after
382 receipt of such notice by the agency clerk.
383 4. A private airport of public interest must obtain a
384 certificate from the department before allowing aircraft
385 operations. The department shall issue a certificate after a
386 final inspection finds the airport to be in compliance with all
387 certificate requirements. The certificate is subject to any
388 reasonable conditions the department deems necessary to protect
389 the public. A private airport that was engaged in operations
390 associated with a private airport of public interest on or
391 before July 1, 2025, must obtain a certificate from the
392 department by July 1, 2030.
393 (b) The department may license a public airport that does
394 not meet standards only if it determines that such exception is
395 justified by unusual circumstances or is in the interest of
396 public convenience and does not endanger the public health,
397 safety, or welfare. Such a license shall bear the designation
398 “special” and shall state the conditions subject to which the
399 license is granted.
400 (c) A temporary airport license or registration shall be
401 valid for less than 30 days and is not renewable. The department
402 may not approve a subsequent temporary airport registration
403 application for the same general location if the purpose or
404 effect is to evade otherwise applicable airport permitting or
405 licensure requirements.
406 (d)1. Each public airport license shall expire no later
407 than 1 year after the effective date of the license, except that
408 the expiration date of a license may be adjusted to provide a
409 maximum license period of 18 months to facilitate airport
410 inspections, recognize seasonal airport operations, or improve
411 administrative efficiency.
412 2. Registration for private airports shall remain valid
413 provided specific elements of airport data, established by the
414 department, are periodically recertified by the airport
415 registrant. The ability to recertify private airport
416 registration data shall be available at all times by electronic
417 submittal. A private airport registration that has not been
418 recertified in the 24-month period following the last
419 certification shall expire, unless the registration period has
420 been adjusted by the department for purposes of informing
421 private airport owners of their registration responsibilities or
422 promoting administrative efficiency. The expiration date of the
423 current registration period will be clearly identifiable from
424 the state aviation facility data system.
425 3. The effective date and expiration date shall be shown on
426 public airport licenses. Upon receiving an application for
427 renewal of an airport license in a form and manner prescribed by
428 the department and receiving a favorable inspection report
429 indicating compliance with all applicable requirements and
430 conditions, the department shall renew the license, subject to
431 any conditions deemed necessary to protect the public health,
432 safety, or welfare.
433 4. The department may require a new site approval for any
434 airport if the license or registration has expired.
435 5. If the renewal application for a public airport license
436 has not been received by the department or no private airport
437 registration recertification has been accomplished within 15
438 days after the date of expiration, the department may revoke the
439 airport license or registration.
440 6. After initial registration, the department may issue a
441 certificate to a private airport of public interest if the
442 airport is found, after a physical inspection, to be in
443 compliance with all certificate requirements. The certificate is
444 subject to any reasonable condition that the department deems
445 necessary to protect the public health, safety, or welfare. A
446 private airport of public interest certificate expires 5 years
447 after the effective date of the certificate.
448 (e) The department may revoke, or refuse to allow or issue,
449 any airport registration or recertification, or any license or
450 license renewal, if it determines:
451 1. That the site has been abandoned as an airport;
452 2. That the airport does not comply with the conditions of
453 the license, license renewal, or site approval;
454 3. That the airport has become either unsafe or unusable
455 for flight operation due to physical or legal changes in
456 conditions that were the subject of approval; or
457 4. That an airport required to file or update a security
458 plan pursuant to paragraph (f) has failed to do so.
459 (f)1. After initial licensure, a license of a publicly or
460 privately owned general aviation airport that is open to the
461 public, that has at least one runway greater than 4,999 feet in
462 length, and that does not host scheduled passenger-carrying
463 commercial service operations regulated under 14 C.F.R. part 139
464 shall not be renewed or reissued unless an approved security
465 plan has been filed with the department, except when the
466 department determines that the airport is working in good faith
467 toward completion and filing of the plan.
468 2. Security plans required by this paragraph must be
469 developed in accordance with the 2004 Security Planning for
470 General Aviation Airports guidelines published by the Florida
471 Airports Council. Certain administrative data from the approved
472 security plan shall be submitted to the Department of Law
473 Enforcement, in a format prescribed by the Department of Law
474 Enforcement, for use in protecting critical infrastructure of
475 the state.
476 3. The department shall not approve a security plan for
477 filing unless it is consistent with Florida Airports Council
478 guidelines.
479 4. An airport required to file a security plan pursuant to
480 this paragraph shall update its plan at least once every 2 years
481 after the initial filing date and file the updated plan with the
482 department. The department shall review the updated plan prior
483 to approving it for filing to determine whether it is consistent
484 with Florida Airports Council guidelines. No renewal license
485 shall be issued to the airport unless the department approves
486 the updated security plan or determines that the airport is
487 working in good faith to update it.
488 (4) EXCEPTIONS.—Private airports with 10 or more based
489 aircraft may request to be inspected and licensed by the
490 department. Private airports licensed according to this
491 subsection shall be considered private airports as defined in s.
492 330.27 s. 330.27(5) in all other respects.
493 Section 11. Section 331.371, Florida Statutes, is amended
494 to read:
495 331.371 Strategic space infrastructure investment.—
496 (1) In consultation with Space Florida, the Department of
497 Transportation may fund spaceport discretionary capacity
498 improvement projects, as defined in s. 331.303, at up to 100
499 percent of the project’s cost if:
500 (a)(1) Important access and on-spaceport-territory space
501 transportation capacity improvements are provided;
502 (b)(2) Capital improvements that strategically position the
503 state to maximize opportunities in international trade are
504 achieved;
505 (c)(3) Goals of an integrated intermodal transportation
506 system for the state are achieved; and
507 (d)(4) Feasibility and availability of matching funds
508 through federal, local, or private partners are demonstrated.
509 (2)(a) In consultation with the Department of Commerce and
510 the Department of Environmental Protection, the Department of
511 Transportation may fund infrastructure projects, and projects
512 associated with critical infrastructure facilities as defined in
513 s. 692.201, within or outside of a spaceport territory as long
514 as the project supports aerospace or launch support facilities
515 within an adjacent spaceport territory boundary.
516 (b) The Department of Transportation, the Department of
517 Commerce, and the Department of Environmental Protection shall
518 coordinate in funding projects under this subsection to optimize
519 the use of available funds.
520 Section 12. Section 332.003, Florida Statutes, is amended
521 to read:
522 332.003 Florida Airport Development and Accountability
523 Assistance Act; short title.—Sections 332.003-332.007 may be
524 cited as the “Florida Airport Development and Accountability
525 Assistance Act.”
526 Section 13. Section 332.005, Florida Statutes, is amended
527 to read:
528 332.005 Restrictions on authority of Department of
529 Transportation.—
530 (1) This act specifically prohibits the Department of
531 Transportation from regulating commercial air carriers operating
532 within the state pursuant to federal authority and regulations;
533 from participating in or exercising control in the management
534 and operation of a sponsor’s airport, except when officially
535 requested by the sponsor; or from expanding the design or
536 operational capability of the department in the area of airport
537 and aviation consultants’ contract work, other than to provide
538 technical assistance as requested.
539 (2)(a) Notwithstanding subsection (1), upon the declaration
540 of a state of emergency issued by the Governor in preparation
541 for or in response to a natural disaster, airports shall, at no
542 cost to the state, provide the Department of Transportation with
543 the opportunity to use any property that is not within the air
544 navigation facility as defined in s. 332.01(4) for the staging
545 of equipment and personnel to support emergency preparedness and
546 response operations.
547 (b) After 60 days of use under paragraph (a), any further
548 use of airport property by the Department of Transportation must
549 be conducted pursuant to a written agreement between the airport
550 and the department.
551 Section 14. Section 332.006, Florida Statutes, is amended
552 to read:
553 332.006 Duties and responsibilities of the Department of
554 Transportation.—The Department of Transportation shall, within
555 the resources provided to the department pursuant to chapter
556 216:
557 (1) Provide coordination and assistance for the development
558 of a viable aviation system in this state. To support the
559 system, a statewide aviation system plan shall be developed and
560 periodically updated which summarizes 5-year, 10-year, and 20
561 year airport and aviation needs within the state. The statewide
562 aviation system plan shall be consistent with the goals of the
563 Florida Transportation Plan developed pursuant to s. 339.155.
564 The statewide aviation system plan shall not preempt local
565 airport master plans adopted in compliance with federal and
566 state requirements.
567 (2) Advise and assist the Governor in all aviation matters.
568 (3) Upon request, assist airport sponsors, both financially
569 and technically, in airport master planning.
570 (4) Upon request, provide financial and technical
571 assistance to public agencies which operate public-use airports
572 by making department personnel and department-owned facilities
573 and equipment available on a cost-reimbursement basis to such
574 agencies for special needs of limited duration. The requirement
575 relating to reimbursement of personnel costs may be waived by
576 the department in those cases in which the assistance provided
577 by its personnel was of a limited nature or duration.
578 (5) Participate in research and development programs
579 relating to airports.
580 (6) Administer department participation in the program of
581 aviation and airport grants as provided for in ss. 332.003
582 332.007.
583 (7) Develop, promote, and distribute supporting information
584 and educational services, including, but not limited to,
585 educational services with a focus on retention and growth of the
586 aviation industry workforce.
587 (8) Encourage the maximum allocation of federal funds to
588 local airport projects in this state.
589 (9) Support the development of land located within the
590 boundaries of airports for the purpose of industrial or other
591 uses compatible with airport operations with the objective of
592 assisting airports in this state to become fiscally self
593 supporting. Such assistance may include providing state moneys
594 on a matching basis to airport sponsors for capital
595 improvements, including, but not limited to, fixed-base
596 operation facilities, parking areas, industrial park utility
597 systems, and road and rail transportation systems which are on
598 airport property.
599 Section 15. Subsection (5), paragraph (a) of subsection
600 (7), and subsections (8) and (9) of section 332.007, Florida
601 Statutes, are amended, and paragraph (c) is added to subsection
602 (2) of that section, to read:
603 332.007 Administration and financing of aviation and
604 airport programs and projects; state plan.—
605 (2)
606 (c) Each commercial service airport as defined in s.
607 332.0075 shall establish and maintain a comprehensive airport
608 infrastructure program to ensure the ongoing preservation of
609 airport infrastructure and facilities in safe and serviceable
610 condition. For purposes of this paragraph, the term “airport
611 infrastructure” means the facilities, systems, and structural
612 components of an airport necessary for the safe and efficient
613 movement of people and goods. Beginning November 1, 2025, and
614 annually thereafter, each commercial service airport shall
615 provide a certification to the department, in a manner
616 prescribed by the department, that it has established and
617 maintains a comprehensive airport infrastructure program. The
618 comprehensive airport infrastructure program report, and related
619 documents and records, must be open to inspection by the
620 department and maintained by the airport for at least 5 years.
621 The comprehensive airport infrastructure program must, at a
622 minimum, include all of the following:
623 1. Identification of airport infrastructure subject to
624 inspection and the schedule for the completion of such
625 inspections, taking into consideration the age, type, intended
626 use, and criticality of the infrastructure to undisrupted
627 commercial or cargo operations.
628 2. A preventative maintenance program for routine
629 maintenance of airport infrastructure, for both commercial and
630 cargo operations.
631 3. A plan to complete any necessary repairs to, or
632 rehabilitation or reconstruction of, airport infrastructure,
633 including prioritization and anticipated timeframe for
634 completion of the work.
635 4. A progress report of inspections and their outcomes,
636 preventative maintenance, and previously identified repair to,
637 or rehabilitation or reconstruction of, airport infrastructure.
638 The progress report must include any changes in timeline for
639 completion, changes in cost estimates, and reasons any
640 inspection, preventative maintenance, or repair or
641 rehabilitation did not take place.
642 (5) Only those projects or programs provided for in this
643 act that will contribute to the implementation of the state
644 aviation system plan, that are consistent with the energy policy
645 of the state as defined in s. 339.08(6)(a), that are consistent
646 with and will contribute to the implementation of any airport
647 master plan or layout plan, and that are consistent, to the
648 maximum extent feasible, with the approved local government
649 comprehensive plans of the units of government in which the
650 airport is located are eligible for the expenditure of state
651 funds in accordance with fund participation rates and priorities
652 established herein.
653 (7) Subject to the availability of appropriated funds in
654 addition to aviation fuel tax revenues, the department may
655 participate in the capital cost of eligible public airport and
656 aviation discretionary capacity improvement projects. The annual
657 legislative budget request shall be based on the funding
658 required for discretionary capacity improvement projects in the
659 aviation and airport work program.
660 (a) The department shall provide priority funding in
661 support of:
662 1. Terminal and parking expansion projects that increase
663 capacity at airports providing commercial service in counties
664 with a population of 500,000 or less.
665 2. Land acquisition which provides additional capacity at
666 the qualifying international airport or at that airport’s
667 supplemental air carrier airport.
668 3.2. Runway and taxiway projects that add capacity or are
669 necessary to accommodate technological changes in the aviation
670 industry.
671 4.3. Airport access transportation projects that improve
672 direct airport access and are approved by the airport sponsor.
673 5.4. International terminal projects that increase
674 international gate capacity.
675 6. Projects that improve safety and efficiency of airport
676 operations.
677 7. Emerging technology projects, workforce development
678 projects, and projects that benefit the strategic intermodal
679 system through intermodal connectivity.
680 (8) The department may also fund eligible projects
681 performed by not-for-profit organizations and postsecondary
682 education institutions as defined in s. 1008.47 which support
683 the training of pilots, air traffic control personnel, or
684 aircraft maintenance technical personnel that represent a
685 majority of public airports in this state. Eligible projects may
686 include activities associated with aviation master planning,
687 professional education, safety and security planning, enhancing
688 economic development and efficiency at airports in this state,
689 or other planning efforts to improve the viability and safety of
690 airports in this state. Programs that support the transition of
691 honorably discharged military personnel to the aviation industry
692 are also eligible projects under this subsection. The department
693 may provide matching funds for eligible projects funded by the
694 Department of Commerce.
695 (9) The department may fund strategic airport investment
696 projects at up to 100 percent of the project’s cost if:
697 (a) Important access and on-airport capacity improvements
698 are provided;
699 (b) Capital improvements that strategically position the
700 state to maximize opportunities in tourism, international trade,
701 logistics, and the aviation industry are provided;
702 (c) Goals of an integrated intermodal transportation system
703 for the state are achieved; and
704 (d) Feasibility and availability of matching funds through
705 federal, local, or private partners are demonstrated.
706 Section 16. Paragraphs (a), (b), and (d) of subsection (1),
707 subsection (2), and paragraph (a) of subsection (5) of section
708 332.0075, Florida Statutes, are amended, and paragraph (c) is
709 added to subsection (5) of that section, to read:
710 332.0075 Commercial service airports; transparency and
711 accountability; penalty.—
712 (1) As used in this section, the term:
713 (a) “Commercial service airport” means an airport providing
714 commercial service, including large, medium, small, and nonhub
715 airports as classified a primary airport as defined in 49 U.S.C.
716 s. 47102 which is classified as a large, medium, or small hub
717 airport by the Federal Aviation Administration.
718 (b) “Consent agenda” means an agenda which consists of
719 items voted on collectively or as a group and which does not
720 provide the opportunity for public comment on each such item
721 before approval or disapproval by the governing body.
722 (d) “Governing body” means the governing body of the
723 county, municipality, or special district that operates a
724 commercial service airport. The term also includes an appointed
725 board or oversight entity serving as the governing body for
726 purposes of a commercial service airport on behalf of a county,
727 municipality, or special district.
728 (2) Each governing body shall establish and maintain a
729 website to post information relating to the operation of a
730 commercial service airport. The information must remain posted
731 on the website for 5 years or for the entirety of the period
732 during which the document is actively in use, whichever is
733 longer, and must include all of the following, including:
734 (a) All published notices of meetings and published meeting
735 agendas of the governing body.
736 (b) The official minutes of each meeting of the governing
737 body, which must shall be posted within 7 business days after
738 the date of the meeting in which the minutes were approved.
739 (c) The approved budget for the commercial service airport
740 for the current fiscal year, which shall be posted within 7
741 business days after the date of adoption. Budgets must remain on
742 the website for 5 2 years after the conclusion of the fiscal
743 year for which they were adopted.
744 (d) Copies of the current airport master plan and the
745 immediately preceding airport master plan for the commercial
746 service airport and a link to the current airport master plan
747 for the commercial service airport on the commercial service
748 airport’s website.
749 (e) A link to all financial and statistical reports for the
750 commercial service airport on the Federal Aviation
751 Administration’s website.
752 (f) Any contract or contract amendment for the purchase of
753 commodities or contractual services executed by or on behalf of
754 the commercial service airport in excess of the threshold amount
755 provided in s. 287.017 for CATEGORY FIVE, which must shall be
756 posted no later than 7 business days after the commercial
757 service airport executes the contract or contract amendment.
758 However, a contract or contract amendment may not reveal
759 information made confidential or exempt by law. Each commercial
760 service airport must redact confidential or exempt information
761 from each contract or contract amendment before posting a copy
762 on its website.
763 (g) Position and rate information for each employee of the
764 commercial service airport, including, at a minimum, the
765 employee’s position title, position description, and annual or
766 hourly salary. This information must shall be updated quarterly
767 annually.
768 (5)(a) Each November 1, the governing body of each
769 commercial service airport shall submit the following
770 information to the department:
771 1. Its approved budget for the current fiscal year.
772 2. Any financial reports submitted to the Federal Aviation
773 Administration during the previous calendar year.
774 3. A link to its website.
775 4. A statement, verified as provided in s. 92.525, that it
776 has complied with part III of chapter 112, chapter 287, and this
777 section.
778 5. The most recent copies of its strategic plans.
779 6. Contracts related to any financial awards received
780 through federally funded grant programs for the preceding year.
781 (c) A commercial service airport shall:
782 1. Notify the department within 48 hours after receiving a
783 communication or directive from a federal agency relating to
784 public health testing or the transfer of unauthorized aliens
785 into this state.
786 2. Notify the department as soon as is reasonably possible,
787 but no later than 48 hours, after the discovery of a potential
788 cybersecurity breach or other occurrence impacting the traveling
789 public, a disruption in state aviation operations directly
790 impacting multiple airports within this state, or an incident
791 occurring on airport property which requires coordination with
792 multiple local, state, or federal agencies.
793 Section 17. Section 332.15, Florida Statutes, is created to
794 read:
795 332.15 Advanced air mobility.—The Department of
796 Transportation shall:
797 (1) Address the need for vertiports, advanced air mobility,
798 and other advances in aviation technology in the statewide
799 aviation system plan required under s. 332.006(1) and, as
800 appropriate, in the department’s work program.
801 (2) Designate a subject matter expert on advanced air
802 mobility within the department to serve as a resource for local
803 jurisdictions navigating advances in aviation technology.
804 (3) Conduct a review of airport hazard zone regulations.
805 (4) In coordination with the Department of Commerce,
806 provide coordination and assistance for the development of a
807 viable advanced air mobility system plan in this state. The
808 department shall incorporate the plan into the statewide
809 aviation system plan required under s. 332.006(1) to identify
810 and develop statewide corridors of need and opportunities for
811 industry growth.
812 Section 18. Subsection (5) of section 334.044, Florida
813 Statutes, is amended, and subsections (37), (38), and (39) are
814 added to that section, to read:
815 334.044 Powers and duties of the department.—The department
816 shall have the following general powers and duties:
817 (5) To purchase, lease, or otherwise acquire property and
818 materials, including the purchase of promotional items as part
819 of public information and education campaigns for the promotion
820 of environmental management, scenic highways, traffic and train
821 safety awareness, alternatives to single-occupant vehicle
822 travel, commercial motor vehicle safety, workforce development,
823 electric vehicle use and charging stations, autonomous vehicles,
824 and context classification design for electric vehicles and
825 autonomous vehicles; to purchase, lease, or otherwise acquire
826 equipment and supplies; and to sell, exchange, or otherwise
827 dispose of any property that is no longer needed by the
828 department.
829 (37) Notwithstanding s. 287.022 or s. 287.025, to directly
830 enter into insurance contracts with local, national, or
831 international insurance companies for the purchase of insurance
832 coverage that the department is contractually and legally
833 required to provide.
834 (38) Notwithstanding s. 287.14, to purchase or acquire
835 heavy equipment and motor vehicles for roadway operations and
836 emergency response purposes regardless of whether the department
837 exchanges or ceases to operate any department-owned heavy
838 equipment or motor vehicles.
839 (39) To adopt rules for the purpose of compliance with 49
840 C.F.R. part 26 and any other applicable federal law.
841 Section 19. Subsection (1) of section 334.045, Florida
842 Statutes, is amended to read:
843 334.045 Transportation performance and productivity
844 standards; development; measurement; application.—
845 (1) The Florida Transportation Commission shall develop and
846 adopt measures for evaluating the performance and productivity
847 of the department. The measures may be both quantitative and
848 qualitative and must, to the maximum extent practical, assess
849 those factors that are within the department’s control. The
850 measures must, at a minimum, assess performance in the following
851 areas:
852 (a) Production;
853 (b) Finance and administration;
854 (c) Preservation of the current state system;
855 (d) Safety of the current state system;
856 (e) Capacity improvements: highways and all public
857 transportation modes; and
858 (f) The business development program established under s.
859 337.027 Disadvantaged business enterprise and minority business
860 programs.
861 Section 20. Subsection (3) is added to section 334.27,
862 Florida Statutes, to read:
863 334.27 Governmental transportation entities; property
864 acquired for transportation purposes; limitation on soil or
865 groundwater contamination liability.—
866 (3) A parking authority established under the laws of this
867 state or any of its counties, municipalities, or political
868 subdivisions shall have full power to conduct business; to
869 operate, manage, and control facilities; and to provide services
870 to contiguous geographical boundaries of such counties,
871 municipalities, or political subdivisions that originally
872 chartered such authority. The parking authority may engage in
873 activities outside of its chartering jurisdiction upon entering
874 into an interlocal agreement with the governing body of the
875 affected contiguous county, municipality, or political
876 subdivision, as applicable.
877 Section 21. Section 334.62, Florida Statutes, is created to
878 read:
879 334.62 Florida Transportation Academy.—The Legislature
880 finds that the growth and sustainability of the transportation
881 industry workforce is vital to the continued success and
882 efficiency of the state’s supply chain and economic
883 competitiveness. In order to prioritize the continued need for
884 transportation industry workforce development programs, the
885 Florida Transportation Academy is established within the
886 department. In order to support, promote, and sustain workforce
887 development efforts in the transportation sector, the department
888 may do all of the following:
889 (1) Coordinate with the Department of Corrections to
890 identify and create certification and training opportunities for
891 nonviolent, scheduled-release inmates and create a notification
892 process between the Department of Corrections and the department
893 for nonviolent inmates with imminent scheduled-release dates who
894 are expected to seek employment upon release.
895 (2) Coordinate with the Department of Juvenile Justice and
896 its educational partners to create certification and training
897 opportunities for eligible youth.
898 (3) Coordinate with veterans’ organizations to encourage
899 veterans with honorable military discharge to pursue employment
900 opportunities within the transportation industry, including, but
901 not limited to, employment as pilots, mechanics, and air traffic
902 controllers.
903 (4) Coordinate with the Department of Commerce,
904 CareerSource Florida, Inc., and regional business organizations,
905 within and outside of the transportation industry, to further
906 understand recruitment and retention needs and job-seeker
907 pipelines.
908 (5) Coordinate with the American Council of Engineering
909 Companies and the Florida Transportation Builders Association to
910 optimize workforce recruitment and retention and assess future
911 needs across the transportation industry in this state.
912 Section 22. Present paragraph (b) of subsection (3) of
913 section 335.182, Florida Statutes, is redesignated as paragraph
914 (c) and amended, and a new paragraph (b) is added to that
915 subsection, to read:
916 335.182 Regulation of connections to roads on State Highway
917 System; definitions.—
918 (3) As used in this act, the term:
919 (b) “Modification of an existing connection” means the
920 relocation, alteration, or closure of the connection.
921 (c)(b) “Significant change” means:
922 1. A change in the use of the property, including the
923 development of land, structures, or facilities;, or
924 2. An expansion of the size of the property, structures, or
925 facilities causing an increase in the trip generation of the
926 property exceeding 25 percent more trip generation, (either peak
927 hour or daily,) and exceeding 100 vehicles per day more than the
928 existing use.
929 Section 23. Subsections (3) and (4) of section 335.187,
930 Florida Statutes, are amended to read:
931 335.187 Unpermitted connections; existing access permits;
932 nonconforming permits; modification and revocation of permits.—
933 (3) The department may issue a nonconforming access permit
934 if denying after finding that to deny an access permit would
935 leave the property without a reasonable means of access to the
936 State Highway System. The department may specify limits on the
937 maximum vehicular use of the connection and may condition be
938 conditioned on the availability of future alternative means of
939 access for which access permits can be obtained.
940 (4) After written notice and the opportunity for a hearing,
941 as provided for in s. 120.60, the department may modify or
942 revoke an access permit issued after July 1, 1988, by requiring
943 modification Relocation, alteration, or closure of an existing
944 connection if:
945 (a) A significant change occurs in the use, design, or
946 traffic flow of the connection; or
947 (b) It would jeopardize the safety of the public or have a
948 negative impact upon the operational characteristics of the
949 highway.
950 Section 24. Subsection (2) of section 337.027, Florida
951 Statutes, is amended to read:
952 337.027 Authority to implement a business development
953 program.—
954 (2) For purposes of this section, the term “small business”
955 means a business with yearly average gross receipts of less than
956 $25 $15 million for road and bridge contracts and less than $10
957 $6.5 million for professional and nonprofessional services
958 contracts. A business’ average gross receipts is determined by
959 averaging its annual gross receipts over the last 3 years,
960 including the receipts of any affiliate as defined in s.
961 337.165.
962 Section 25. Subsection (6) of section 337.11, Florida
963 Statutes, is amended to read:
964 337.11 Contracting authority of department; bids; emergency
965 repairs, supplemental agreements, and change orders; combined
966 design and construction contracts; progress payments; records;
967 requirements of vehicle registration.—
968 (6)(a) If the secretary determines that an emergency in
969 regard to the restoration or repair of any state transportation
970 facility exists such that the delay incident to giving
971 opportunity for competitive bidding would be detrimental to the
972 interests of the state, the provisions for competitive bidding
973 do not apply; and the department may enter into contracts for
974 restoration or repair without giving opportunity for competitive
975 bidding on such contracts. Within 30 days after such
976 determination and contract execution, the head of the department
977 shall file with the Executive Office of the Governor a written
978 statement of the conditions and circumstances constituting such
979 emergency.
980 (b) If the secretary determines that delays on a contract
981 for maintenance exist due to administrative challenges, bid
982 protests, defaults or terminations and the further delay would
983 reduce safety on the transportation facility or seriously hinder
984 the department’s ability to preserve the state’s investment in
985 that facility, competitive bidding provisions may be waived and
986 the department may enter into a contract for maintenance on the
987 facility. However, contracts for maintenance executed under the
988 provisions of this paragraph shall be interim in nature and
989 shall be limited in duration to a period of time not to exceed
990 the length of the delay necessary to complete the competitive
991 bidding process and have the contract in place.
992 (c) When the department determines that it is in the best
993 interest of the public for reasons of public concern, economy,
994 improved operations, or safety, and only when circumstances
995 dictate rapid completion of the work, the department may, up to
996 the amount of $500,000, enter into contracts for construction
997 and maintenance without advertising and receiving competitive
998 bids. The department may enter into such contracts only upon a
999 determination that the work is necessary for one of the
1000 following reasons:
1001 1. To ensure timely completion of projects or avoidance of
1002 undue delay for other projects;
1003 2. To accomplish minor repairs or construction and
1004 maintenance activities for which time is of the essence and for
1005 which significant cost savings would occur; or
1006 3. To accomplish nonemergency work necessary to ensure
1007 avoidance of adverse conditions that affect the safe and
1008 efficient flow of traffic.
1009
1010 The department shall make a good faith effort to obtain two or
1011 more quotes, if available, from qualified contractors before
1012 entering into any contract. The department shall give
1013 consideration to small disadvantaged business enterprise
1014 participation. However, when the work exists within the limits
1015 of an existing contract, the department shall make a good faith
1016 effort to negotiate and enter into a contract with the prime
1017 contractor on the existing contract.
1018 Section 26. Section 337.125, Florida Statutes, is repealed.
1019 Section 27. Section 337.135, Florida Statutes, is repealed.
1020 Section 28. Section 337.139, Florida Statutes, is repealed.
1021 Section 29. Paragraph (a) of subsection (1) of section
1022 337.18, Florida Statutes, is amended to read:
1023 337.18 Surety bonds for construction or maintenance
1024 contracts; requirement with respect to contract award; bond
1025 requirements; defaults; damage assessments.—
1026 (1)(a) A surety bond shall be required of the successful
1027 bidder in an amount equal to the awarded contract price.
1028 However, the department may choose, in its discretion and
1029 applicable only to multiyear maintenance contracts, to allow for
1030 incremental annual contract bonds that cumulatively total the
1031 full, awarded, multiyear contract price;. The department may
1032 also choose, in its discretion and applicable only to phased
1033 design-build contracts under s. 337.11(7)(b), to allow the
1034 issuance of multiple contract performance and payment bonds in
1035 succession to align with each phase of the contract to meet the
1036 bonding requirement in this subsection; and, at the discretion
1037 of the Secretary of Transportation and notwithstanding any
1038 bonding requirement under s. 337.18, to require a surety bond in
1039 an amount that is less than the awarded contract price.
1040 1. The department may waive the requirement for all or a
1041 portion of a surety bond if:
1042 a. The contract price is $250,000 or less and the
1043 department determines that the project is of a noncritical
1044 nature and that nonperformance will not endanger public health,
1045 safety, or property;
1046 b. The prime contractor is a qualified nonprofit agency for
1047 the blind or for the other severely handicapped under s.
1048 413.036(2); or
1049 c. The prime contractor is using a subcontractor that is a
1050 qualified nonprofit agency for the blind or for the other
1051 severely handicapped under s. 413.036(2). However, the
1052 department may not waive more than the amount of the
1053 subcontract.
1054 2. If the department determines that it is in the best
1055 interests of the department to reduce the bonding requirement
1056 for a project and that to do so will not endanger public health,
1057 safety, or property, the department may waive the requirement of
1058 a surety bond in an amount equal to the awarded contract price
1059 for a project having a contract price of $250 million or more
1060 and, in its place, may set a surety bond amount that is a
1061 portion of the total contract price and provide an alternate
1062 means of security for the balance of the contract amount that is
1063 not covered by the surety bond or provide for incremental surety
1064 bonding and provide an alternate means of security for the
1065 balance of the contract amount that is not covered by the surety
1066 bond. Such alternative means of security may include letters of
1067 credit, United States bonds and notes, parent company
1068 guarantees, and cash collateral. The department may require
1069 alternate means of security if a surety bond is waived. The
1070 surety on such bond shall be a surety company authorized to do
1071 business in the state. All bonds shall be payable to the
1072 department and conditioned for the prompt, faithful, and
1073 efficient performance of the contract according to plans and
1074 specifications and within the time period specified, and for the
1075 prompt payment of all persons defined in s. 713.01 furnishing
1076 labor, material, equipment, and supplies for work provided in
1077 the contract; however, whenever an improvement, demolition, or
1078 removal contract price is $25,000 or less, the security may, in
1079 the discretion of the bidder, be in the form of a cashier’s
1080 check, bank money order of any state or national bank, certified
1081 check, or postal money order. The department shall adopt rules
1082 to implement this subsection. Such rules shall include
1083 provisions under which the department shall refuse to accept
1084 bonds on contracts when a surety wrongfully fails or refuses to
1085 settle or provide a defense for claims or actions arising under
1086 a contract for which the surety previously furnished a bond.
1087 Section 30. Subsection (3) of section 337.251, Florida
1088 Statutes, is amended to read:
1089 337.251 Lease of property for joint public-private
1090 development and areas above or below department property.—
1091 (3) A proposal must be selected by the department based on
1092 competitive bidding, except that the department may consider
1093 other relevant factors specified in the request for proposals.
1094 The department may consider such factors as the value of
1095 property exchanges, the cost of construction, and other
1096 recurring costs for the benefit of the department by the lessee
1097 in lieu of direct revenue to the department if such other
1098 factors are of equal value including innovative proposals to
1099 involve small minority businesses. The department may name a
1100 board of advisers which may be composed of accountants, real
1101 estate appraisers, design engineers, or other experts
1102 experienced in the type of development proposed. The board of
1103 advisers shall review the feasibility of the proposals,
1104 recommend acceptance or rejection of each proposal, and rank
1105 each feasible proposal in the order of technical feasibility and
1106 benefit provided to the department. The board of advisers shall
1107 be reasonably compensated for the services provided and all
1108 department costs for evaluating the proposals shall be
1109 reimbursed from a proposal application fee to be set by the
1110 department and paid by the applicants. The board of advisers
1111 shall not be subject to selection under the provisions of
1112 chapter 287.
1113 Section 31. Section (2) of section 337.401, Florida
1114 Statutes, is amended to read:
1115 337.401 Use of right-of-way for utilities subject to
1116 regulation; permit; fees.—
1117 (2)(a) The authority may grant to any person who is a
1118 resident of this state, or to any corporation which is organized
1119 under the laws of this state or licensed to do business within
1120 this state, the use of a right-of-way for the utility in
1121 accordance with such rules or regulations as the authority may
1122 adopt. A utility may not be installed, located, or relocated
1123 unless authorized by a written permit issued by the authority.
1124 However, for public roads or publicly owned rail corridors under
1125 the jurisdiction of the department, a utility relocation
1126 schedule and relocation agreement may be executed in lieu of a
1127 written permit. The permit must require the permitholder to be
1128 responsible for any damage resulting from the issuance of such
1129 permit. The authority may initiate injunctive proceedings as
1130 provided in s. 120.69 to enforce provisions of this subsection
1131 or any rule or order issued or entered into pursuant thereto. A
1132 permit application required under this subsection by a county or
1133 municipality having jurisdiction and control of the right-of-way
1134 of any public road must be processed and acted upon in
1135 accordance with the timeframes provided in subparagraphs
1136 (7)(d)7., 8., and 9.
1137 (b) Notwithstanding paragraph (a), a municipality may not
1138 prohibit, or require a permit for, the installation of a public
1139 sewer transmission line placed and maintained within and under
1140 publicly dedicated rights-of-way as part of a septic-to-sewer
1141 conversion where the work is being performed under permits
1142 issued by the Department of Transportation pursuant to this
1143 chapter and the Department of Environmental Protection, or its
1144 delegate, pursuant to chapter 403.
1145 Section 32. Subsection (4) of section 337.406, Florida
1146 Statutes, is amended to read:
1147 337.406 Unlawful use of state transportation facility
1148 right-of-way; penalties.—
1149 (4)(a) Camping is prohibited on any portion of the right
1150 of-way of the State Highway System that is within 100 feet of a
1151 bridge, causeway, overpass, or ramp.
1152 (b) This subsection does not apply to a person who has
1153 acquired the appropriate permits and is actively navigating the
1154 federally designated Florida National Scenic Trail recognized by
1155 the state in s. 260.012(6).
1156 Section 33. Subsection (4) of section 338.227, Florida
1157 Statutes, is amended to read:
1158 338.227 Turnpike revenue bonds.—
1159 (4) The Department of Transportation and the Department of
1160 Management Services shall create and implement an outreach
1161 program designed to enhance the participation of small minority
1162 persons and minority business enterprises in all contracts
1163 entered into by their respective departments for services
1164 related to the financing of department projects for the
1165 Strategic Intermodal System Plan developed pursuant to s.
1166 339.64. These services shall include, but are not limited to,
1167 bond counsel and bond underwriters.
1168 Section 34. Subsection (6) is added to section 339.08,
1169 Florida Statutes, to read:
1170 339.08 Use of moneys in State Transportation Trust Fund.—
1171 (6)(a) As used in this subsection, the term “energy policy
1172 of the state” means the energy policy described in s. 377.601
1173 and includes any intended or actual measure, obligation, target,
1174 or timeframe related to a reduction in carbon dioxide emissions.
1175 (b) The department may not expend any state funds as
1176 described in s. 215.31 to support a project or program of any of
1177 the following entities if such entities adopt or promote energy
1178 policy goals inconsistent with the energy policy of the state:
1179 1. A public transit provider as defined in s. 341.031(1).
1180 2. An authority created pursuant to chapter 343, chapter
1181 348, or chapter 349.
1182 3. A public-use airport as defined in s. 332.004.
1183 4. A port listed in s. 311.09(1).
1184 Section 35. Section 339.0805, Florida Statutes, is
1185 repealed.
1186 Section 36. Paragraph (b) of subsection (3) and paragraph
1187 (c) of subsection (4) of section 339.2821, Florida Statutes, are
1188 amended to read:
1189 339.2821 Economic development transportation projects.—
1190 (3)
1191 (b) The department must ensure that it is supportive of
1192 small businesses as defined in s. 337.027(2) small and minority
1193 businesses have equal access to participate in transportation
1194 projects funded pursuant to this section.
1195 (4) A contract between the department and a governmental
1196 body for a transportation project must:
1197 (c) Require that the governmental body provide the
1198 department with progress reports. Each progress report must
1199 contain:
1200 1. A narrative description of the work completed and
1201 whether the work is proceeding according to the transportation
1202 project schedule;
1203 2. A description of each change order executed by the
1204 governmental body;
1205 3. A budget summary detailing planned expenditures compared
1206 to actual expenditures; and
1207 4. The identity of each small or minority business used as
1208 a contractor or subcontractor.
1209 Section 37. Section 339.287, Florida Statutes, is repealed.
1210 Section 38. Subsections (3) and (7) of section 339.651,
1211 Florida Statutes, are amended to read:
1212 339.651 Strategic Intermodal System supply chain demands.—
1213 (3) The department may shall make up to $20 million
1214 available each year for fiscal years 2023-2024 through 2027
1215 2028, from the existing work program revenues, to fund projects
1216 that meet the public purpose of providing increased capacity and
1217 enhanced capabilities to move and store construction aggregate.
1218 Applicants eligible for project funding under this section are
1219 seaports listed in s. 311.09 and rail lines and rail facilities.
1220 (7) This section shall stand repealed on July 1, 2028.
1221 Section 39. Paragraph (b) of subsection (6) of section
1222 341.051, Florida Statutes, is amended to read:
1223 341.051 Administration and financing of public transit and
1224 intercity bus service programs and projects.—
1225 (6) ANNUAL APPROPRIATION.—
1226 (b) If funds are allocated to projects that qualify for the
1227 New Starts Transit Program in the current fiscal year and a
1228 project will not be ready for production by June 30, those funds
1229 must The remaining unallocated New Starts Transit Program funds
1230 as of June 30, 2024, shall be reallocated for the purpose of the
1231 Strategic Intermodal System within the State Transportation
1232 Trust Fund for the next fiscal year. This paragraph expires June
1233 30, 2026.
1234
1235 For purposes of this section, the term “net operating costs”
1236 means all operating costs of a project less any federal funds,
1237 fares, or other sources of income to the project.
1238 Section 40. Subsection (5) of section 348.754, Florida
1239 Statutes, is amended to read:
1240 348.754 Purposes and powers.—
1241 (5) The authority shall encourage the inclusion of local
1242 and small local-, small-, minority-, and women-owned businesses
1243 in its procurement and contracting opportunities.
1244 Section 41. Subsection (2) of section 349.03, Florida
1245 Statutes, is amended to read:
1246 349.03 Jacksonville Transportation Authority.—
1247 (2) The governing body of the authority shall be composed
1248 consist of seven members. Four Three members shall be appointed
1249 by the Governor and confirmed by the Senate. Of the four members
1250 appointed by the Governor, one must be a resident of Duval
1251 County and three must be residents of Clay County, St. Johns
1252 County, or Nassau County. Three members shall be appointed by
1253 the mayor of the City of Jacksonville subject to confirmation by
1254 the council of the City of Jacksonville. The seventh member
1255 shall be the district secretary of the Department of
1256 Transportation serving in the district that contains the City of
1257 Jacksonville. Except for the seventh member, Members appointed
1258 by the mayor of the City of Jacksonville must shall be residents
1259 and qualified electors of Duval County.
1260
1261 ================= T I T L E A M E N D M E N T ================
1262 And the title is amended as follows:
1263 Delete lines 17 - 207
1264 and insert:
1265 Research Institute; specifying the purpose and mission
1266 of the institute; requiring the institute to report to
1267 the department; providing for membership of the
1268 institute; requiring the department to select a member
1269 to serve as the administrative lead of the institute;
1270 requiring the Secretary of Transportation to appoint a
1271 representative of the department to serve as the
1272 executive director of the institute; requiring the
1273 department to coordinate with the members of the
1274 institute to adopt certain policies; authorizing the
1275 institute to award certain grants; authorizing the
1276 department to allocate funds to the institute from the
1277 State Transportation Trust Fund; authorizing the
1278 institute to expend funds for certain operations and
1279 programs; requiring the institute to submit an annual
1280 report to the Secretary of Transportation and the
1281 commission; revising the department’s areas of program
1282 responsibility; amending s. 311.07, F.S.; providing
1283 that certain spaceport and space industry-related
1284 facility projects and commercial shipbuilding and
1285 manufacturing facility projects are eligible for grant
1286 funding under the Florida Seaport Transportation and
1287 Economic Development Program; amending s. 311.09,
1288 F.S.; revising the purpose of the Florida Seaport
1289 Transportation and Economic Development Council;
1290 requiring that the Florida Seaport Mission Plan
1291 include certain recommendations; requiring each port
1292 member of the council to submit a certain semiannual
1293 report to the department; amending s. 311.10, F.S.;
1294 requiring seaports located in specified counties to
1295 include certain statements in any agreement with the
1296 department as a condition of receiving certain grants
1297 or state funds; requiring that express approval for
1298 certain seaport conversions be obtained by specified
1299 entities upon recommendation by the funding agency;
1300 defining the term “cargo purposes”; amending s.
1301 316.003, F.S.; revising the definition of the term
1302 “special mobile equipment”; repealing s. 316.0741,
1303 F.S., relating to high-occupancy-vehicle lanes;
1304 amending s. 316.0745, F.S.; deleting language limiting
1305 the state funds that may be withheld due to certain
1306 violations by a public body or official to state funds
1307 for traffic control purposes; providing that such
1308 violations are cause for the withholding of state
1309 funds deposited in the State Transportation Trust
1310 Fund; amending s. 316.550, F.S.; authorizing the
1311 Department of Transportation to issue a mobile crane
1312 special blanket permit for certain purposes; amending
1313 s. 330.27, F.S.; revising definitions and defining
1314 terms; amending s. 330.30, F.S.; requiring a private
1315 airport of public interest to obtain a certain
1316 certificate from the department before allowing
1317 aircraft operations; requiring certain private
1318 airports to obtain a certain certificate from the
1319 department by a specified date; amending s. 331.371,
1320 F.S.; authorizing the department, in consultation with
1321 the Department of Commerce and the Department of
1322 Environmental Protection, to fund certain
1323 infrastructure projects and projects associated with
1324 certain critical infrastructure projects; requiring
1325 such departments to coordinate in funding certain
1326 projects for a specified purpose; amending s. 332.003,
1327 F.S.; revising a short title; amending s. 332.005,
1328 F.S.; requiring airports to provide the Department of
1329 Transportation with the opportunity to use certain
1330 airport property for a specified purpose during a
1331 declared state of emergency; requiring that such use
1332 be conducted pursuant to a written agreement after a
1333 certain period of use; amending s. 332.006, F.S.;
1334 deleting a requirement that the department meet
1335 certain duties and responsibilities within the
1336 resources provided pursuant to a specified chapter;
1337 providing duties and responsibilities of the
1338 department relating to certain educational services;
1339 amending s. 332.007, F.S.; requiring commercial
1340 service airports to establish and maintain a certain
1341 program; defining the term “airport infrastructure”;
1342 requiring that such airports provide a certain annual
1343 certification to the department; requiring that a
1344 certain program report be open to department
1345 inspection and maintained for a specified period;
1346 providing requirements for such program; revising the
1347 list of projects for which the department must provide
1348 priority funding; authorizing the department to fund
1349 eligible projects performed by certain organizations
1350 and postsecondary education institutions; providing
1351 that certain programs are eligible projects;
1352 authorizing the department to provide certain matching
1353 funds; revising the circumstances in which the
1354 department may fund strategic airport investment
1355 projects; amending s. 332.0075, F.S.; revising
1356 definitions; requiring that certain information remain
1357 posted on a governing body’s website for a certain
1358 period; revising the information that must be included
1359 on such website; requiring the quarterly, rather than
1360 annual, update of certain information; revising
1361 information that the governing body of a commercial
1362 service airport must submit to the department
1363 annually; requiring a commercial service airport to
1364 provide certain notifications to the department;
1365 creating s. 332.15, F.S.; requiring the department to
1366 address certain needs in the statewide aviation system
1367 plan and the department’s work program, designate a
1368 certain subject matter expert, conduct a specified
1369 review, and, in coordination with the Department of
1370 Commerce, provide certain coordination and assistance
1371 for the development of a viable advanced air mobility
1372 system plan; amending s. 334.044, F.S.; revising the
1373 powers and duties of the department; amending s.
1374 334.045, F.S.; requiring certain measures developed
1375 and adopted by the Florida Transportation Commission
1376 to assess performance in a specified business
1377 development program, instead of disadvantaged business
1378 enterprise and minority business programs; amending s.
1379 334.27, F.S.; providing powers of certain parking
1380 authorities; authorizing parking authorities to engage
1381 in certain activities upon entering into an interlocal
1382 agreement with certain political subdivisions;
1383 creating s. 334.62, F.S.; providing legislative
1384 findings; establishing the Florida Transportation
1385 Academy within the department; authorizing the
1386 department to coordinate with certain entities for
1387 specified purposes; amending s. 335.182, F.S.;
1388 defining the term “modification of an existing
1389 connection”; revising the definition of the term
1390 “significant change”; amending s. 335.187, F.S.;
1391 authorizing the department to modify or revoke certain
1392 access permits by requiring modification of an
1393 existing connection in certain circumstances; amending
1394 s. 337.027, F.S.; revising the definition of the term
1395 “small business”; amending s. 337.11, F.S.; requiring
1396 the department to give consideration to small business
1397 participation, instead of disadvantaged business
1398 enterprise participation; repealing s. 337.125, F.S.,
1399 relating to socially and economically disadvantaged
1400 business enterprises and notice requirements;
1401 repealing s. 337.135, F.S., relating to socially and
1402 economically disadvantaged business enterprises and
1403 punishment for false representation; repealing s.
1404 337.139, F.S., relating to efforts to encourage
1405 awarding contracts to disadvantaged business
1406 enterprises; amending s. 337.18, F.S.; authorizing the
1407 Secretary of Transportation to require a surety bond
1408 in an amount that is less than the awarded contract
1409 price; amending s. 337.251, F.S.; revising factors
1410 that may be considered by the department when
1411 selecting certain proposals; amending s. 337.401,
1412 F.S.; prohibiting a municipality from prohibiting, or
1413 requiring a permit for, the installation of certain
1414 public sewer transmission lines; amending s. 337.406,
1415 F.S.; prohibiting camping on any portion of the right
1416 of-way of the State Highway System; providing
1417 applicability; amending s. 338.227, F.S.; revising the
1418 purpose for which the department and the Department of
1419 Management Services shall create and implement a
1420 certain outreach program; amending s. 339.08, F.S.;
1421 defining the term “energy policy of the state”;
1422 prohibiting the department from expending state funds
1423 to support projects or programs of certain entities in
1424 certain circumstances; repealing s. 339.0805, F.S.,
1425 relating to funds to be expended with certified
1426 disadvantaged business enterprises, a construction
1427 management development program, and a bond guarantee
1428 program; amending s. 339.2821, F.S.; requiring the
1429 department to ensure that it is supportive of small
1430 businesses, rather than ensuring that small and
1431 minority businesses have equal access to participation
1432 in certain transportation projects; repealing s.
1433 339.287, F.S., relating to electric vehicle charging
1434 stations and infrastructure plan development; amending
1435 s. 339.651, F.S.; authorizing, rather than requiring,
1436 the department to make a certain amount available from
1437 the existing work program to fund certain projects
1438 annually; deleting the scheduled repeal of provisions
1439 relating to Strategic Intermodal System supply chain
1440 demands; amending s. 341.051, F.S.; providing for the
1441 reallocation of certain funds; deleting the scheduled
1442 repeal of provisions providing for the reallocation of
1443 certain funds; amending s. 348.754, F.S.; revising the
1444 types of businesses the Central Florida Expressway
1445 Authority is required to encourage the inclusion of in
1446 certain opportunities; amending s. 349.03, F.S.;
1447 revising membership requirements for the governing
1448 body of the Jacksonville Transportation Authority;
1449 amending