Florida Senate - 2025 SB 1662
By Senator Collins
14-01009C-25 20251662__
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; authorizing the Secretary of Transportation to
4 appoint a specified number of assistant secretaries;
5 specifying titles for such assistant secretaries;
6 authorizing the secretary to appoint an Executive
7 Director of Transportation Technology; specifying that
8 such assistant secretaries and executive director
9 positions are exempt from career service and are
10 included in the Senior Management Service; revising
11 qualifications for members of the Florida
12 Transportation Commission; deleting a provision
13 related to the independence of the commission;
14 requiring the commission to monitor transit entities
15 that receive certain funding; requiring members of the
16 commission to follow certain standards of conduct;
17 deleting a provision relating to the budget of the
18 commission; providing legislative findings and intent;
19 creating the Florida Transportation Research
20 Institute; specifying the purpose of the institute;
21 requiring the institute to report to the department;
22 providing for membership of the institute; requiring
23 the department to select a member to serve as the
24 administrative lead of the institute; requiring the
25 Secretary of Transportation to appoint a
26 representative of the department to serve as the
27 executive director of the institute; requiring the
28 department to coordinate with the members of the
29 institute to adopt certain policies; authorizing the
30 institute to award certain grants; authorizing the
31 department to allocate funds to the institute from the
32 State Transportation Trust Fund; authorizing the
33 institute to expend funds for certain operations and
34 programs; requiring the institute to submit an annual
35 report to the Secretary of Transportation and the
36 commission; deleting a requirement that major
37 transportation policy initiatives and revisions be
38 submitted to the commission for review; revising the
39 department’s areas of program responsibility; amending
40 s. 212.20, F.S.; requiring the department to
41 distribute a certain amount from the proceeds of a
42 specified tax to the State Transportation Trust Fund
43 for a specified purpose; amending s. 311.07, F.S.;
44 providing that certain spaceport and space industry
45 related facility projects and commercial shipbuilding
46 and manufacturing facility projects are eligible for
47 grant funding under the Florida Seaport Transportation
48 and Economic Development Program; amending s. 311.09,
49 F.S.; revising the purpose of the Florida Seaport
50 Transportation and Economic Development Council;
51 requiring the department to provide administrative
52 support to the council on certain matters; requiring
53 that the Florida Seaport Mission Plan include certain
54 recommendations; requiring each port member of the
55 council to submit a certain semiannual report to the
56 department; amending s. 311.10, F.S.; requiring
57 seaports located in a specified county to include
58 certain statements in any agreement with the
59 department as a condition of receiving certain grants;
60 defining the term “cargo purposes”; repealing s.
61 316.0741, F.S., relating to high-occupancy-vehicle
62 lanes; amending s. 316.0745, F.S.; deleting language
63 limiting the state funds that may be withheld due to
64 certain violations by a public body or official to
65 state funds for traffic control purposes; amending s.
66 330.27, F.S.; revising definitions and defining terms;
67 amending s. 330.30, F.S.; requiring that a private
68 airport of public interest obtain a certain
69 certificate from the department before allowing
70 aircraft operations; requiring that certain private
71 airports obtain a certain certificate from the
72 department by a specified date; amending s. 331.371,
73 F.S.; authorizing the department, in consultation with
74 the Department of Commerce and the Department of
75 Environmental Protection, to fund certain projects
76 associated with certain critical infrastructure
77 projects; requiring that such departments coordinate
78 in funding certain projects for a specified purpose;
79 amending s. 332.003, F.S.; revising a short title;
80 amending s. 332.005, F.S.; requiring airports to
81 provide the Department of Transportation with the
82 opportunity to use certain airport property for a
83 specified purpose during a declared state of
84 emergency; amending s. 332.006, F.S.; providing duties
85 and responsibilities of the department relating to
86 certain educational services, inspections of certain
87 commercial airport facilities, and agreements with
88 other state regulatory agencies; amending s. 332.007,
89 F.S.; requiring the department to require annual
90 comprehensive maintenance program reports from airport
91 sponsors; providing requirements for such reports;
92 defining the term “maintenance”; authorizing the
93 department to withhold certain state funds under
94 certain circumstances; revising the list of projects
95 for which the department must provide priority
96 funding; authorizing the department to fund eligible
97 projects performed by certain organizations and
98 postsecondary education institutions; providing that
99 certain programs are eligible projects; authorizing
100 the department to provide certain matching funds;
101 revising the circumstances in which the department may
102 fund strategic airport investment projects; amending
103 s. 332.0075, F.S.; revising definitions; requiring
104 that certain information remain posted on a governing
105 body’s website for a certain period; revising the
106 information that must be included on such website;
107 requiring the quarterly, rather than annual, update of
108 certain information; revising information that the
109 governing body of a commercial service airport must
110 submit to the department annually; requiring a
111 commercial service airport to provide certain
112 notifications to the department; creating s. 332.15,
113 F.S.; requiring the department to address certain
114 needs in the statewide aviation system plan and the
115 department’s work program, designate a certain subject
116 matter expert, conduct a specified review, and, in
117 coordination with the Department of Commerce, provide
118 certain coordination and assistance for the
119 development of a viable advanced air mobility system
120 plan; amending s. 334.044, F.S.; revising the powers
121 and duties of the department; amending s. 334.045,
122 F.S.; requiring certain measures developed and adopted
123 by the Florida Transportation Commission to assess
124 performance in a specified business development
125 program, instead of disadvantaged business enterprise
126 and minority business programs; creating s. 334.62,
127 F.S.; providing legislative findings; establishing the
128 Florida Transportation Academy within the department;
129 authorizing the department to coordinate with certain
130 entities for specified purposes; amending s. 335.182,
131 F.S.; defining the term “modification of an existing
132 connection”; revising the definition of the term
133 “significant change”; amending s. 335.187, F.S.;
134 authorizing the department to modify or revoke certain
135 access permits by requiring modification of an
136 existing connection in certain circumstances; amending
137 s. 337.027, F.S.; revising the definition of the term
138 “small business”; amending s. 337.11, F.S.; requiring
139 the department to give consideration to small business
140 participation, instead of disadvantaged business
141 enterprise participation; repealing s. 337.125, F.S.,
142 relating to socially and economically disadvantaged
143 business enterprises and notice requirements;
144 repealing s. 337.135, F.S., relating to socially and
145 economically disadvantaged business enterprises and
146 punishment for false representation; repealing s.
147 337.139, F.S., relating to efforts to encourage
148 awarding contracts to disadvantaged business
149 enterprises; amending s. 337.18, F.S.; authorizing the
150 Secretary of Transportation to require a surety bond
151 in an amount that is less than the awarded contract
152 price; amending s. 337.251, F.S.; revising factors
153 that may be considered by the department when
154 selecting certain proposals; amending s. 337.406,
155 F.S.; prohibiting camping on any portion of the right
156 of-way of the State Highway System; providing
157 applicability; amending s. 338.227, F.S.; revising the
158 purpose for which the department and the Department of
159 Management Services shall create and implement a
160 certain outreach program; amending s. 339.08, F.S.;
161 defining the term “energy policy of the state”;
162 prohibiting the department from expending state funds
163 to support projects or programs of certain entities in
164 certain circumstances; repealing s. 339.0805, F.S.,
165 relating to funds to be expended with certified
166 disadvantaged business enterprises, a construction
167 management development program, and a bond guarantee
168 program; amending s. 339.135, F.S.; revising the
169 method of approval upon which certain spending
170 authority may be rolled forward to the next fiscal
171 year; requiring the Executive Office of the Governor
172 to make a certain budget modification upon such
173 approval; deleting the scheduled repeal of a provision
174 authorizing the chair or vice chair of the Legislative
175 Budget Commission to authorize an amendment of the
176 adopted work program in certain circumstances;
177 amending s. 339.2816, F.S.; revising the amount from
178 the State Transportation Trust Fund which may be used
179 annually to fund the Small County Road Assistance
180 Program, beginning with a specified fiscal year;
181 amending s. 339.2818, F.S.; revising the definition of
182 the term “small county”; authorizing the annual use of
183 a certain amount from the State Transportation Trust
184 Fund for the purposes of funding the Small County
185 Outreach Program, beginning with a specified fiscal
186 year; deleting provisions authorizing certain
187 municipalities and local governments to compete for
188 additional project funding, subject to specific
189 appropriations; amending s. 339.2821, F.S.; requiring
190 the department to ensure that it is supportive of
191 small businesses, rather than ensuring that small and
192 minority businesses have equal access to participation
193 in certain transportation projects; repealing s.
194 339.287, F.S., relating to electric vehicle charging
195 stations and infrastructure plan development; amending
196 s. 339.55, F.S.; deleting language providing that
197 certain emergency loans from the state-funded
198 infrastructure bank are subject to approval by the
199 Legislative Budget Commission; amending s. 339.651,
200 F.S.; authorizing, rather than requiring, the
201 department to make a certain amount available to fund
202 certain projects annually; deleting the scheduled
203 repeal of provisions relating to Strategic Intermodal
204 System supply chain demands; amending s. 341.051,
205 F.S.; providing for the reallocation of certain funds;
206 deleting the scheduled repeal of provisions providing
207 for the reallocation of certain funds; amending s.
208 348.754, F.S.; revising the types of businesses the
209 Central Florida Expressway Authority is required to
210 encourage the inclusion of in certain opportunities;
211 amending s. 349.03, F.S.; revising membership
212 requirements for the governing body of the
213 Jacksonville Transportation Authority; requiring the
214 authority to follow a certain business development
215 program; requiring the authority to establish certain
216 protocols and systems and post certain information on
217 a specified website; amending ss. 110.205, 322.27,
218 365.172, 379.2293, 493.6101, and 493.6403, F.S.;
219 conforming cross-references and provisions to changes
220 made by the act; providing an effective date.
221
222 Be It Enacted by the Legislature of the State of Florida:
223
224 Section 1. Present subsections (3) through (6) of section
225 20.23, Florida Statutes, are redesignated as subsections (4)
226 through (7), respectively, a new subsection (3) is added to that
227 section, and paragraph (d) of subsection (1), paragraphs (a),
228 (b), (g), and (i) of subsection (2), and paragraphs (a) and (b)
229 of present subsection (3) of that section are amended, to read:
230 20.23 Department of Transportation.—There is created a
231 Department of Transportation which shall be a decentralized
232 agency.
233 (1)
234 (d) The secretary may appoint up to three assistant
235 secretaries, who shall serve as the Chief Operations Officer,
236 Chief Finance and Administration Officer, and Chief Strategic
237 Development Officer, respectively; be directly responsible to
238 the secretary; and who shall perform such duties as are assigned
239 by the secretary. The secretary may also appoint an Executive
240 Director of Transportation Technology. Such assistant secretary
241 and executive director positions are exempt from career service
242 pursuant to s. 110.205(2)(j) and are included in the Senior
243 Management Service. The secretary shall designate to an
244 assistant secretary the duties related to enhancing economic
245 prosperity, including, but not limited to, the responsibility of
246 liaison with the head of economic development in the Executive
247 Office of the Governor. Such assistant secretary shall be
248 directly responsible for providing the Executive Office of the
249 Governor with investment opportunities and transportation
250 projects that expand the state’s role as a global hub for trade
251 and investment and enhance the supply chain system in the state
252 to process, assemble, and ship goods to markets throughout the
253 eastern United States, Canada, the Caribbean, and Latin America.
254 The secretary may delegate to any assistant secretary the
255 authority to act in the absence of the secretary.
256 (2)(a)1. The Florida Transportation Commission is hereby
257 created and shall be composed consist of nine members appointed
258 by the Governor subject to confirmation by the Senate. Members
259 of the commission shall serve terms of 4 years each.
260 2. Members shall be appointed in such a manner as to
261 equitably represent all geographic areas of the state. Each
262 member must be a registered voter and a citizen of the state. At
263 least three members of the commission must be representatives of
264 or possess expertise in the higher education, transportation, or
265 workforce development industries Each member of the commission
266 must also possess business managerial experience in the private
267 sector.
268 3. A member of the commission shall represent the
269 transportation needs of the state as a whole and may not
270 subordinate the needs of the state to those of any particular
271 area of the state.
272 4. The commission is assigned to the Office of the
273 Secretary of the Department of Transportation for administrative
274 and fiscal accountability purposes, but it shall otherwise
275 function independently of the control and direction of the
276 department.
277 (b) The commission shall:
278 1. Recommend major transportation policies for the
279 Governor’s approval and assure that approved policies and any
280 revisions are properly executed.
281 2. Periodically review the status of the state
282 transportation system, including highway, transit, rail,
283 seaport, intermodal development, and aviation components of the
284 system, and recommend improvements to the Governor and the
285 Legislature.
286 3. Perform an in-depth evaluation of the annual department
287 budget request, the Florida Transportation Plan, and the
288 tentative work program for compliance with all applicable laws
289 and established departmental policies. Except as specifically
290 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
291 not consider individual construction projects but shall consider
292 methods of accomplishing the goals of the department in the most
293 effective, efficient, and businesslike manner.
294 4. Monitor the financial status of the department on a
295 regular basis to assure that the department is managing revenue
296 and bond proceeds responsibly and in accordance with law and
297 established policy.
298 5. Monitor on at least a quarterly basis the efficiency,
299 productivity, and management of the department using performance
300 and production standards developed by the commission pursuant to
301 s. 334.045.
302 6. Perform an in-depth evaluation of the factors causing
303 disruption of project schedules in the adopted work program and
304 recommend to the Governor and the Legislature methods to
305 eliminate or reduce the disruptive effects of these factors.
306 7. Recommend to the Governor and the Legislature
307 improvements to the department’s organization in order to
308 streamline and optimize the efficiency of the department. In
309 reviewing the department’s organization, the commission shall
310 determine if the current district organizational structure is
311 responsive to this state’s changing economic and demographic
312 development patterns. The report by the commission must be
313 delivered to the Governor and the Legislature by December 15
314 each year, as appropriate. The commission may retain experts as
315 necessary to carry out this subparagraph, and the department
316 shall pay the expenses of the experts.
317 8. Monitor the efficiency, productivity, and management of
318 the agencies and authorities created under chapters 348 and 349;
319 the Mid-Bay Bridge Authority re-created pursuant to chapter
320 2000-411, Laws of Florida; and any authority formed under
321 chapter 343; and any transit entity that receives funding under
322 the public transit block grant program pursuant to s. 341.052.
323 The commission shall also conduct periodic reviews of each
324 agency’s and authority’s operations and budget, acquisition of
325 property, management of revenue and bond proceeds, and
326 compliance with applicable laws and generally accepted
327 accounting principles.
328 (g) A member of the commission shall follow the standards
329 of conduct for public officers provided in s. 112.313 may not
330 have any interest, direct or indirect, in any contract,
331 franchise, privilege, or other benefit granted or awarded by the
332 department during the term of his or her appointment and for 2
333 years after the termination of such appointment.
334 (i) The commission shall develop a budget pursuant to
335 chapter 216. The budget is not subject to change by the
336 department, but such budget shall be submitted to the Governor
337 along with the budget of the department.
338 (3) The Legislature finds that the transportation industry
339 is critical to the economic future of this state and that the
340 competitiveness of the industry in this state depends upon the
341 development and maintenance of a qualified workforce and
342 cutting-edge research and innovation. The Legislature further
343 finds that the transportation industry in this state has varied
344 and complex workforce needs ranging from technical and
345 mechanical training to continuing education opportunities for
346 workers with advanced degrees and certifications. The timely
347 need also exists for coordinated research and innovation efforts
348 to promote emerging technologies and innovative construction
349 methods and tools and to address alternative funding mechanisms.
350 It is the intent of the Legislature to support programs designed
351 to address the workforce development needs of the state’s
352 transportation industry.
353 (a) The Florida Transportation Research Institute is
354 created as a consortium of higher education professionals. The
355 purpose of the institute is to drive cutting-edge research,
356 innovation, transformational technologies, and breakthrough
357 solutions and to support workforce development efforts that
358 contribute to this state’s transportation industry.
359 (b) The institute shall report to the department and shall
360 be composed of members from the University of Florida, Indian
361 River State College, the University of Central Florida, and
362 Florida International University. The department shall select a
363 member to serve as the administrative lead of the institute. The
364 department shall assess the performance of the administrative
365 lead periodically to ensure accountability and assess the
366 attainment of performance goals.
367 (c) The Secretary of Transportation shall appoint a
368 representative of the department to serve as the executive
369 director of the institute. The department shall coordinate with
370 the members of the institute to adopt policies establishing the
371 institute’s executive committee and mission statement.
372 (d) The institute may award grants in alignment with its
373 purpose. Such grants may be directed to member and nonmember
374 institutions that have a proven expertise relevant to the grant,
375 including not-for-profit organizations and institutions of
376 higher education.
377 (e) The department may allocate funds to the institute from
378 the State Transportation Trust Fund. The institute may expend
379 such funds for the institute’s operations and programs to
380 support research and innovation projects that provide solutions
381 for this state’s transportation needs.
382 (f) The institute shall submit an annual report of
383 performance metrics to the Secretary of Transportation and the
384 commission. The report must include, but is not limited to,
385 expenditures of funds allocated to the institute by the
386 department, ongoing and proposed research efforts, and the
387 application and success of past research efforts.
388 (4)(a)(3)(a) The central office shall establish
389 departmental policies, rules, procedures, and standards and
390 shall monitor the implementation of such policies, rules,
391 procedures, and standards in order to ensure uniform compliance
392 and quality performance by the districts and central office
393 units that implement transportation programs. Major
394 transportation policy initiatives or revisions shall be
395 submitted to the commission for review.
396 (b) The secretary may appoint positions at the level of
397 deputy assistant secretary or director which the secretary deems
398 necessary to accomplish the mission and goals of the department,
399 including, but not limited to, the areas of program
400 responsibility provided in this paragraph, each of whom shall be
401 appointed by and serve at the pleasure of the secretary. The
402 secretary may combine, separate, or delete offices as needed in
403 consultation with the Executive Office of the Governor. The
404 department’s areas of program responsibility include, but are
405 not limited to, all of the following:
406 1. Administration.
407 2. Planning.
408 3. Supply chain and modal development.
409 4. Design.
410 5. Highway operations.
411 6. Right-of-way.
412 7. Toll operations.
413 8. Transportation technology.
414 9. Information technology systems.
415 10. Motor carrier weight inspection.
416 11. Work program and budget.
417 12. Comptroller.
418 13. Construction.
419 14. Statewide corridors.
420 15. Maintenance.
421 16. Forecasting and performance.
422 17. Emergency management.
423 18. Safety.
424 19. Materials.
425 20. Infrastructure and innovation.
426 21. Permitting.
427 22. Traffic operations.
428 23. Operational technology.
429 Section 2. Paragraph (d) of subsection (6) of section
430 212.20, Florida Statutes, is amended to read:
431 212.20 Funds collected, disposition; additional powers of
432 department; operational expense; refund of taxes adjudicated
433 unconstitutionally collected.—
434 (6) Distribution of all proceeds under this chapter and ss.
435 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
436 (d) The proceeds of all other taxes and fees imposed
437 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
438 and (2)(b) shall be distributed as follows:
439 1. In any fiscal year, the greater of $500 million, minus
440 an amount equal to 4.6 percent of the proceeds of the taxes
441 collected pursuant to chapter 201, or 5.2 percent of all other
442 taxes and fees imposed pursuant to this chapter or remitted
443 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
444 monthly installments into the General Revenue Fund.
445 2. After the distribution under subparagraph 1., 8.9744
446 percent of the amount remitted by a sales tax dealer located
447 within a participating county pursuant to s. 218.61 shall be
448 transferred into the Local Government Half-cent Sales Tax
449 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
450 transferred shall be reduced by 0.1 percent, and the department
451 shall distribute this amount to the Public Employees Relations
452 Commission Trust Fund less $5,000 each month, which shall be
453 added to the amount calculated in subparagraph 3. and
454 distributed accordingly.
455 3. After the distribution under subparagraphs 1. and 2.,
456 0.0966 percent shall be transferred to the Local Government
457 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
458 to s. 218.65.
459 4. After the distributions under subparagraphs 1., 2., and
460 3., 2.0810 percent of the available proceeds shall be
461 transferred monthly to the Revenue Sharing Trust Fund for
462 Counties pursuant to s. 218.215.
463 5. After the distributions under subparagraphs 1., 2., and
464 3., 1.3653 percent of the available proceeds shall be
465 transferred monthly to the Revenue Sharing Trust Fund for
466 Municipalities pursuant to s. 218.215. If the total revenue to
467 be distributed pursuant to this subparagraph is at least as
468 great as the amount due from the Revenue Sharing Trust Fund for
469 Municipalities and the former Municipal Financial Assistance
470 Trust Fund in state fiscal year 1999-2000, no municipality shall
471 receive less than the amount due from the Revenue Sharing Trust
472 Fund for Municipalities and the former Municipal Financial
473 Assistance Trust Fund in state fiscal year 1999-2000. If the
474 total proceeds to be distributed are less than the amount
475 received in combination from the Revenue Sharing Trust Fund for
476 Municipalities and the former Municipal Financial Assistance
477 Trust Fund in state fiscal year 1999-2000, each municipality
478 shall receive an amount proportionate to the amount it was due
479 in state fiscal year 1999-2000.
480 6. Of the remaining proceeds:
481 a. In each fiscal year, the sum of $29,915,500 shall be
482 divided into as many equal parts as there are counties in the
483 state, and one part shall be distributed to each county. The
484 distribution among the several counties must begin each fiscal
485 year on or before January 5th and continue monthly for a total
486 of 4 months. If a local or special law required that any moneys
487 accruing to a county in fiscal year 1999-2000 under the then
488 existing provisions of s. 550.135 be paid directly to the
489 district school board, special district, or a municipal
490 government, such payment must continue until the local or
491 special law is amended or repealed. The state covenants with
492 holders of bonds or other instruments of indebtedness issued by
493 local governments, special districts, or district school boards
494 before July 1, 2000, that it is not the intent of this
495 subparagraph to adversely affect the rights of those holders or
496 relieve local governments, special districts, or district school
497 boards of the duty to meet their obligations as a result of
498 previous pledges or assignments or trusts entered into which
499 obligated funds received from the distribution to county
500 governments under then-existing s. 550.135. This distribution
501 specifically is in lieu of funds distributed under s. 550.135
502 before July 1, 2000.
503 b. The department shall distribute $166,667 monthly to each
504 applicant certified as a facility for a new or retained
505 professional sports franchise pursuant to s. 288.1162. Up to
506 $41,667 shall be distributed monthly by the department to each
507 certified applicant as defined in s. 288.11621 for a facility
508 for a spring training franchise. However, not more than $416,670
509 may be distributed monthly in the aggregate to all certified
510 applicants for facilities for spring training franchises.
511 Distributions begin 60 days after such certification and
512 continue for not more than 30 years, except as otherwise
513 provided in s. 288.11621. A certified applicant identified in
514 this sub-subparagraph may not receive more in distributions than
515 expended by the applicant for the public purposes provided in s.
516 288.1162(5) or s. 288.11621(3).
517 c. The department shall distribute up to $83,333 monthly to
518 each certified applicant as defined in s. 288.11631 for a
519 facility used by a single spring training franchise, or up to
520 $166,667 monthly to each certified applicant as defined in s.
521 288.11631 for a facility used by more than one spring training
522 franchise. Monthly distributions begin 60 days after such
523 certification or July 1, 2016, whichever is later, and continue
524 for not more than 20 years to each certified applicant as
525 defined in s. 288.11631 for a facility used by a single spring
526 training franchise or not more than 25 years to each certified
527 applicant as defined in s. 288.11631 for a facility used by more
528 than one spring training franchise. A certified applicant
529 identified in this sub-subparagraph may not receive more in
530 distributions than expended by the applicant for the public
531 purposes provided in s. 288.11631(3).
532 d. The department shall distribute $15,333 monthly to the
533 State Transportation Trust Fund.
534 e.(I) On or before July 25, 2021, August 25, 2021, and
535 September 25, 2021, the department shall distribute $324,533,334
536 in each of those months to the Unemployment Compensation Trust
537 Fund, less an adjustment for refunds issued from the General
538 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
539 distribution. The adjustments made by the department to the
540 total distributions shall be equal to the total refunds made
541 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
542 subtracted from any single distribution exceeds the
543 distribution, the department may not make that distribution and
544 must subtract the remaining balance from the next distribution.
545 (II) Beginning July 2022, and on or before the 25th day of
546 each month, the department shall distribute $90 million monthly
547 to the Unemployment Compensation Trust Fund.
548 (III) If the ending balance of the Unemployment
549 Compensation Trust Fund exceeds $4,071,519,600 on the last day
550 of any month, as determined from United States Department of the
551 Treasury data, the Office of Economic and Demographic Research
552 shall certify to the department that the ending balance of the
553 trust fund exceeds such amount.
554 (IV) This sub-subparagraph is repealed, and the department
555 shall end monthly distributions under sub-sub-subparagraph (II),
556 on the date the department receives certification under sub-sub
557 subparagraph (III).
558 f. Beginning July 1, 2023, in each fiscal year, the
559 department shall distribute $27.5 million to the Florida
560 Agricultural Promotional Campaign Trust Fund under s. 571.26,
561 for further distribution in accordance with s. 571.265.
562 g. Beginning July 2025, and on or before the 25th day of
563 each month, from the portion of the proceeds of the tax imposed
564 under s. 212.05(1)(e)1.c., the department shall distribute $6.25
565 million to the State Transportation Trust Fund to account for a
566 portion of the impact of electric and hybrid vehicles on the
567 State Highway System.
568 7. All other proceeds must remain in the General Revenue
569 Fund.
570 Section 3. Paragraph (b) of subsection (3) of section
571 311.07, Florida Statutes, is amended to read:
572 311.07 Florida seaport transportation and economic
573 development funding.—
574 (3)
575 (b) Projects eligible for funding by grants under the
576 program are limited to the following port facilities or port
577 transportation projects:
578 1. Transportation facilities within the jurisdiction of the
579 port.
580 2. The dredging or deepening of channels, turning basins,
581 or harbors.
582 3. The construction or rehabilitation of wharves, docks,
583 structures, jetties, piers, storage facilities, cruise
584 terminals, automated people mover systems, or any facilities
585 necessary or useful in connection with any of the foregoing.
586 4. The acquisition of vessel tracking systems, container
587 cranes, or other mechanized equipment used in the movement of
588 cargo or passengers in international commerce.
589 5. The acquisition of land to be used for port purposes.
590 6. The acquisition, improvement, enlargement, or extension
591 of existing port facilities.
592 7. Environmental protection projects which are necessary
593 because of requirements imposed by a state agency as a condition
594 of a permit or other form of state approval; which are necessary
595 for environmental mitigation required as a condition of a state,
596 federal, or local environmental permit; which are necessary for
597 the acquisition of spoil disposal sites and improvements to
598 existing and future spoil sites; or which result from the
599 funding of eligible projects listed in this paragraph.
600 8. Transportation facilities as defined in s. 334.03(30)
601 which are not otherwise part of the Department of
602 Transportation’s adopted work program.
603 9. Intermodal access projects.
604 10. Construction or rehabilitation of port facilities as
605 defined in s. 315.02, excluding any park or recreational
606 facilities, in ports listed in s. 311.09(1) with operating
607 revenues of $5 million or less, provided that such projects
608 create economic development opportunities, capital improvements,
609 and positive financial returns to such ports.
610 11. Seaport master plan or strategic plan development or
611 updates, including the purchase of data to support such plans.
612 12. Spaceport or space industry-related planning or
613 construction of facilities on seaport property which are
614 necessary or useful for advancing the space industry in this
615 state and provide an economic benefit to this state.
616 13. Commercial shipbuilding and manufacturing facilities,
617 when such projects provide an economic benefit to this state.
618 Section 4. Subsections (1), (2), (3), and (11) of section
619 311.09, Florida Statutes, are amended to read:
620 311.09 Florida Seaport Transportation and Economic
621 Development Council.—
622 (1) The Florida Seaport Transportation and Economic
623 Development Council is created within the Department of
624 Transportation. The purpose of the council is to support the
625 growth of seaports in this state through review, development,
626 and financing of port transportation and port facilities. The
627 council is composed consists of the following 18 members: the
628 port director, or the port director’s designee, of each of the
629 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce,
630 Palm Beach, Port Everglades, Miami, Port Manatee, St.
631 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
632 Pensacola, Key West, and Fernandina; the secretary of the
633 Department of Transportation or his or her designee; and the
634 secretary of the Department of Commerce or his or her designee.
635 (2) The council shall adopt bylaws governing the manner in
636 which the business of the council will be conducted. The bylaws
637 shall specify the procedure by which the chairperson of the
638 council is elected. The Department of Transportation shall
639 provide administrative support to the council on matters
640 relating to the Florida Seaport Transportation and Economic
641 Development Program and the council.
642 (3) The council shall prepare a 5-year Florida Seaport
643 Mission Plan defining the goals and objectives of the council
644 concerning the development of port facilities and an intermodal
645 transportation system consistent with the goals of the Florida
646 Transportation Plan developed pursuant to s. 339.155. The
647 Florida Seaport Mission Plan shall include specific
648 recommendations for the construction of transportation
649 facilities connecting any port to another transportation mode,
650 the construction of transportation facilities connecting any
651 port to the space and aerospace industries, and for the
652 efficient, cost-effective development of transportation
653 facilities or port facilities for the purpose of enhancing
654 trade, promoting cargo flow, increasing cruise passenger
655 movements, increasing port revenues, and providing economic
656 benefits to the state. The council shall develop a priority list
657 of projects based on these recommendations annually and submit
658 the list to the Department of Transportation. The council shall
659 update the 5-year Florida Seaport Mission Plan annually and
660 shall submit the plan no later than February 1 of each year to
661 the President of the Senate, the Speaker of the House of
662 Representatives, the Department of Commerce, and the Department
663 of Transportation. The council shall develop programs, based on
664 an examination of existing programs in Florida and other states,
665 for the training of minorities and secondary school students in
666 job skills associated with employment opportunities in the
667 maritime industry, and report on progress and recommendations
668 for further action to the President of the Senate and the
669 Speaker of the House of Representatives annually. Each port
670 member of the council shall submit a semiannual report related
671 to his or her port’s operations and support of the state’s
672 economic competitiveness and supply chain. Reports must be
673 submitted to the Department of Transportation and include any
674 information required by the Department of Transportation in
675 consultation with the Department of Commerce. Such reports must
676 include, but are not limited to, all of the following
677 information:
678 (a) Bulk break capacity.
679 (b) Liquid storage and capacity.
680 (c) Fuel storage and capacity.
681 (d) Container capacity.
682 (e) A description of any supply chain disruption.
683 (11) Members of the council shall serve without
684 compensation but are entitled to receive reimbursement for per
685 diem and travel expenses as provided in s. 112.061. The council
686 may elect to provide an administrative staff to provide services
687 to the council on matters relating to the Florida Seaport
688 Transportation and Economic Development Program and the council.
689 The cost for such administrative services shall be paid by all
690 ports that receive funding from the Florida Seaport
691 Transportation and Economic Development Program, based upon a
692 pro rata formula measured by each recipient’s share of the funds
693 as compared to the total funds disbursed to all recipients
694 during the year. The share of costs for administrative services
695 shall be paid in its total amount by the recipient port upon
696 execution by the port and the Department of Transportation of a
697 joint participation agreement for each council-approved project,
698 and such payment is in addition to the matching funds required
699 to be paid by the recipient port. Except as otherwise exempted
700 by law, all moneys derived from the Florida Seaport
701 Transportation and Economic Development Program shall be
702 expended in accordance with the provisions of s. 287.057.
703 Seaports subject to competitive negotiation requirements of a
704 local governing body shall abide by the provisions of s.
705 287.055.
706 Section 5. Subsection (4) is added to section 311.10,
707 Florida Statutes, to read:
708 311.10 Strategic Port Investment Initiative.—
709 (4) As a condition of receiving a project grant under any
710 program established in this chapter and as a condition of
711 receiving state funds as described in s. 215.31, a seaport
712 located in any county identified in s. 331.304(1) and (5) must
713 include in any agreement with the Department of Transportation
714 that the seaport may not convert any planned or existing land,
715 facility, or infrastructure designated for cargo purposes to any
716 alternative purpose unless express approval is obtained by the
717 Secretary of Transportation and the Secretary of Commerce. As
718 used in this subsection, the term “cargo purposes” includes, but
719 is not limited to, any facility, activity, property, energy
720 source, or infrastructure asset that supports spaceport
721 activities.
722 Section 6. Section 316.0741, Florida Statutes, is repealed.
723 Section 7. Subsection (7) of section 316.0745, Florida
724 Statutes, is amended to read:
725 316.0745 Uniform signals and devices.—
726 (7) The Department of Transportation may, upon receipt and
727 investigation of reported noncompliance and after hearing
728 pursuant to 14 days’ notice, direct the removal of any purported
729 traffic control device that fails to meet the requirements of
730 this section, wherever the device is located and without regard
731 to assigned responsibility under s. 316.1895. The public agency
732 erecting or installing the same shall immediately bring it into
733 compliance with the requirements of this section or remove said
734 device or signal upon the direction of the Department of
735 Transportation and may not, for a period of 5 years, install any
736 replacement or new traffic control devices paid for in part or
737 in full with revenues raised by the state unless written prior
738 approval is received from the Department of Transportation. Any
739 additional violation by a public body or official shall be cause
740 for the withholding of state funds for traffic control purposes
741 until such public body or official demonstrates to the
742 Department of Transportation that it is complying with this
743 section.
744 Section 8. Section 330.27, Florida Statutes, is amended to
745 read:
746 330.27 Definitions, when used in ss. 330.29-330.39.—
747 (1) “Air ambulance operation” means a flight with a patient
748 or medical personnel on board for the purpose of medical
749 transportation.
750 (2) “Aircraft” means a powered or unpowered machine or
751 device capable of atmospheric flight, including, but not limited
752 to, an airplane, an autogyro, a glider, a gyrodyne, a
753 helicopter, a lift and cruise, a multicopter, paramotors, a
754 powered lift, a seaplane, a tiltrotor, an ultralight, and a
755 vectored thrust. The term does not include except a parachute or
756 other such device used primarily as safety equipment.
757 (3)(2) “Airport” means a specific an area of land or water
758 or a structure used for, or intended to be used for, aircraft
759 operations, which may include landing and takeoff of aircraft,
760 including appurtenant areas, buildings, facilities, or rights
761 of-way necessary to facilitate such use or intended use. The
762 term includes, but is not limited to, airparks, airports,
763 gliderports, heliports, helistops, seaplane bases, ultralight
764 flightparks, vertiports, and vertistops.
765 (4) “Commercial air tour operation” means a flight
766 conducted for compensation or hire in an aircraft where a
767 purpose of the flight is sightseeing.
768 (5) “Commuter operation” means any scheduled operation
769 conducted by a person operating an aircraft with a frequency of
770 operations of at least five round trips per week on at least one
771 route between two or more points according to the published
772 flight schedule.
773 (6)(3) “Department” means the Department of Transportation.
774 (7)(4) “Limited airport” means any airport limited
775 exclusively to the specific conditions stated on the site
776 approval order or license.
777 (8) “On-demand operation” means any scheduled passenger
778 carrying operation for compensation or hire conducted by a
779 person operating an aircraft with a frequency of operations of
780 fewer than five round trips per week on at least one route
781 between two or more points according to the published flight
782 schedule.
783 (9)(5) “Private airport” means an airport, publicly or
784 privately owned, which is not open or available for use by the
785 public, but may be made available to others by invitation of the
786 owner or manager.
787 (10) “Private airport of public interest” means a private
788 airport engaged in air ambulance operations, commercial air tour
789 operations, commuter operations, on-demand operations, public
790 charter operations, scheduled operations, or supplemental
791 operations.
792 (11)(6) “Public airport” means an airport, publicly or
793 privately owned, which is open for use by the public.
794 (12) “Public charter operation” means a one-way or round
795 trip charter flight performed by one or more direct air carriers
796 which is arranged and sponsored by a charter operator.
797 (13) “Scheduled operation” means any common carriage
798 passenger-carrying operation for compensation or hire conducted
799 by an air carrier or commercial operator for which the
800 certificateholder or its representative offers in advance the
801 departure location, departure time, and arrival location.
802 (14) “Supplemental operation” means any common carriage
803 operation for compensation or hire conducted with an aircraft
804 for which the departure time, departure location, and arrival
805 location are specifically negotiated with the customer or
806 customer’s representative.
807 (15)(7) “Temporary airport” means an airport at which
808 flight operations are conducted under visual flight rules
809 established by the Federal Aviation Administration and which is
810 used for less than 30 consecutive days with no more than 10
811 operations per day.
812 (8) “Ultralight aircraft” means any aircraft meeting the
813 criteria established by part 103 of the Federal Aviation
814 Regulations.
815 Section 9. Subsections (2) and (4) of section 330.30,
816 Florida Statutes, are amended to read:
817 330.30 Approval of airport sites; registration,
818 certification, and licensure of airports.—
819 (2) LICENSES, CERTIFICATIONS, AND REGISTRATIONS;
820 REQUIREMENTS, RENEWAL, REVOCATION.—
821 (a) Except as provided in subsection (3), the owner or
822 lessee of an airport in this state shall have a public airport
823 license, private airport registration, or temporary airport
824 registration before the operation of aircraft to or from the
825 airport. Application for a license or registration shall be made
826 in a form and manner prescribed by the department.
827 1. For a public airport, upon granting site approval, the
828 department shall issue a license after a final airport
829 inspection finds the airport to be in compliance with all
830 requirements for the license. The license may be subject to any
831 reasonable conditions the department deems necessary to protect
832 the public health, safety, or welfare.
833 2. For a private airport, upon granting site approval, the
834 department shall provide controlled electronic access to the
835 state aviation facility data system to permit the applicant to
836 complete the registration process. Registration shall be
837 completed upon self-certification by the registrant of
838 operational and configuration data deemed necessary by the
839 department.
840 3. For a temporary airport, the department must publish
841 notice of receipt of a completed registration application in the
842 next available publication of the Florida Administrative
843 Register and may not approve a registration application less
844 than 14 days after the date of publication of the notice. The
845 department must approve or deny a registration application
846 within 30 days after receipt of a completed application and must
847 issue the temporary airport registration concurrent with the
848 airport site approval. A completed registration application that
849 is not approved or denied within 30 days after the department
850 receives the completed application is considered approved and
851 shall be issued, subject to such reasonable conditions as are
852 authorized by law. An applicant seeking to claim registration by
853 default under this subparagraph must notify the agency clerk of
854 the department, in writing, of the intent to rely upon the
855 default registration provision of this subparagraph and may not
856 take any action based upon the default registration until after
857 receipt of such notice by the agency clerk.
858 4. A private airport of public interest must obtain a
859 certificate from the department before allowing aircraft
860 operations. The department shall issue a certificate after a
861 final inspection finds the airport to be in compliance with all
862 certificate requirements. The certificate is subject to any
863 reasonable conditions the department deems necessary to protect
864 the public. A private airport that was engaged in operations
865 associated with a private airport of public interest on or
866 before July 1, 2025, must obtain a certificate from the
867 department by July 1, 2030.
868 (b) The department may license a public airport that does
869 not meet standards only if it determines that such exception is
870 justified by unusual circumstances or is in the interest of
871 public convenience and does not endanger the public health,
872 safety, or welfare. Such a license shall bear the designation
873 “special” and shall state the conditions subject to which the
874 license is granted.
875 (c) A temporary airport license or registration shall be
876 valid for less than 30 days and is not renewable. The department
877 may not approve a subsequent temporary airport registration
878 application for the same general location if the purpose or
879 effect is to evade otherwise applicable airport permitting or
880 licensure requirements.
881 (d)1. Each public airport license shall expire no later
882 than 1 year after the effective date of the license, except that
883 the expiration date of a license may be adjusted to provide a
884 maximum license period of 18 months to facilitate airport
885 inspections, recognize seasonal airport operations, or improve
886 administrative efficiency.
887 2. Registration for private airports shall remain valid
888 provided specific elements of airport data, established by the
889 department, are periodically recertified by the airport
890 registrant. The ability to recertify private airport
891 registration data shall be available at all times by electronic
892 submittal. A private airport registration that has not been
893 recertified in the 24-month period following the last
894 certification shall expire, unless the registration period has
895 been adjusted by the department for purposes of informing
896 private airport owners of their registration responsibilities or
897 promoting administrative efficiency. The expiration date of the
898 current registration period will be clearly identifiable from
899 the state aviation facility data system.
900 3. The effective date and expiration date shall be shown on
901 public airport licenses. Upon receiving an application for
902 renewal of an airport license in a form and manner prescribed by
903 the department and receiving a favorable inspection report
904 indicating compliance with all applicable requirements and
905 conditions, the department shall renew the license, subject to
906 any conditions deemed necessary to protect the public health,
907 safety, or welfare.
908 4. The department may require a new site approval for any
909 airport if the license or registration has expired.
910 5. If the renewal application for a public airport license
911 has not been received by the department or no private airport
912 registration recertification has been accomplished within 15
913 days after the date of expiration, the department may revoke the
914 airport license or registration.
915 6. After initial registration, the department may issue a
916 certificate to a private airport of public interest if the
917 airport is found, after a physical inspection, to be in
918 compliance with all certificate requirements. The certificate is
919 subject to any reasonable condition that the department deems
920 necessary to protect the public health, safety, or welfare. A
921 private airport of public interest certificate expires 5 years
922 after the effective date of the certificate.
923 (e) The department may revoke, or refuse to allow or issue,
924 any airport registration or recertification, or any license or
925 license renewal, if it determines:
926 1. That the site has been abandoned as an airport;
927 2. That the airport does not comply with the conditions of
928 the license, license renewal, or site approval;
929 3. That the airport has become either unsafe or unusable
930 for flight operation due to physical or legal changes in
931 conditions that were the subject of approval; or
932 4. That an airport required to file or update a security
933 plan pursuant to paragraph (f) has failed to do so.
934 (f)1. After initial licensure, a license of a publicly or
935 privately owned general aviation airport that is open to the
936 public, that has at least one runway greater than 4,999 feet in
937 length, and that does not host scheduled passenger-carrying
938 commercial service operations regulated under 14 C.F.R. part 139
939 shall not be renewed or reissued unless an approved security
940 plan has been filed with the department, except when the
941 department determines that the airport is working in good faith
942 toward completion and filing of the plan.
943 2. Security plans required by this paragraph must be
944 developed in accordance with the 2004 Security Planning for
945 General Aviation Airports guidelines published by the Florida
946 Airports Council. Certain administrative data from the approved
947 security plan shall be submitted to the Department of Law
948 Enforcement, in a format prescribed by the Department of Law
949 Enforcement, for use in protecting critical infrastructure of
950 the state.
951 3. The department shall not approve a security plan for
952 filing unless it is consistent with Florida Airports Council
953 guidelines.
954 4. An airport required to file a security plan pursuant to
955 this paragraph shall update its plan at least once every 2 years
956 after the initial filing date and file the updated plan with the
957 department. The department shall review the updated plan prior
958 to approving it for filing to determine whether it is consistent
959 with Florida Airports Council guidelines. No renewal license
960 shall be issued to the airport unless the department approves
961 the updated security plan or determines that the airport is
962 working in good faith to update it.
963 (4) EXCEPTIONS.—Private airports with 10 or more based
964 aircraft may request to be inspected and licensed by the
965 department. Private airports licensed according to this
966 subsection shall be considered private airports as defined in s.
967 330.27 s. 330.27(5) in all other respects.
968 Section 10. Section 331.371, Florida Statutes, is amended
969 to read:
970 331.371 Strategic space infrastructure investment.—
971 (1) In consultation with Space Florida, the Department of
972 Transportation may fund spaceport discretionary capacity
973 improvement projects, as defined in s. 331.303, at up to 100
974 percent of the project’s cost if:
975 (a)(1) Important access and on-spaceport-territory space
976 transportation capacity improvements are provided;
977 (b)(2) Capital improvements that strategically position the
978 state to maximize opportunities in international trade are
979 achieved;
980 (c)(3) Goals of an integrated intermodal transportation
981 system for the state are achieved; and
982 (d)(4) Feasibility and availability of matching funds
983 through federal, local, or private partners are demonstrated.
984 (2)(a) In consultation with the Department of Commerce and
985 the Department of Environmental Protection, the Department of
986 Transportation may fund wastewater projects, stormwater
987 projects, water capacity projects, and projects associated with
988 critical infrastructure facilities as defined in s. 692.201
989 within or outside of a spaceport territory as long as the
990 project supports aerospace or launch support facilities within
991 an adjacent spaceport territory boundary.
992 (b) The Department of Transportation, the Department of
993 Commerce, and the Department of Environmental Protection shall
994 coordinate in funding projects under this subsection to optimize
995 the use of available funds.
996 Section 11. Section 332.003, Florida Statutes, is amended
997 to read:
998 332.003 Florida Airport Development and Accountability
999 Assistance Act; short title.—Sections 332.003-332.007 may be
1000 cited as the “Florida Airport Development and Accountability
1001 Assistance Act.”
1002 Section 12. Section 332.005, Florida Statutes, is amended
1003 to read:
1004 332.005 Restrictions on authority of Department of
1005 Transportation.—
1006 (1) This act specifically prohibits the Department of
1007 Transportation from regulating commercial air carriers operating
1008 within the state pursuant to federal authority and regulations;
1009 from participating in or exercising control in the management
1010 and operation of a sponsor’s airport, except when officially
1011 requested by the sponsor; or from expanding the design or
1012 operational capability of the department in the area of airport
1013 and aviation consultants’ contract work, other than to provide
1014 technical assistance as requested.
1015 (2) Notwithstanding subsection (1), upon the declaration of
1016 a state of emergency issued by the Governor in preparation for
1017 or in response to a natural disaster, airports shall, at no cost
1018 to the state, provide the Department of Transportation with the
1019 opportunity to use any property that is not within the air
1020 navigation facility as defined in s. 332.01(4) for the staging
1021 of equipment and personnel to support emergency preparedness and
1022 response operations.
1023 Section 13. Subsection (7) of section 332.006, Florida
1024 Statutes, is amended, and subsection (10) is added to that
1025 section, to read:
1026 332.006 Duties and responsibilities of the Department of
1027 Transportation.—The Department of Transportation shall, within
1028 the resources provided pursuant to chapter 216:
1029 (7) Develop, promote, and distribute supporting information
1030 and educational services, including, but not limited to,
1031 educational services with a focus on retention and growth of the
1032 aviation industry workforce.
1033 (10) When deemed appropriate by the department, conduct
1034 inspections of commercial airport facilities that have received
1035 state funding, including, but not limited to, the inspection of
1036 terminal facilities, baggage systems, and fixed guideway
1037 transportation systems in accordance with s. 341.061. The
1038 department may enter into agreements with other state regulatory
1039 agencies, including, but not limited to, the Department of
1040 Business and Professional Regulation and the Department of
1041 Health, for the purpose of conducting such inspections.
1042 Section 14. Subsection (5), paragraph (a) of subsection
1043 (7), and subsections (8) and (9) of section 332.007, Florida
1044 Statutes, are amended, and paragraph (c) is added to subsection
1045 (2) of that section, to read:
1046 332.007 Administration and financing of aviation and
1047 airport programs and projects; state plan.—
1048 (2)
1049 (c) The department shall require each airport sponsor to
1050 submit an annual comprehensive maintenance program report that
1051 provides details relating to maintenance and inspections of
1052 airport infrastructure. The report must include a schedule of
1053 inspections, locations at which inspections and maintenance are
1054 performed, a list of required maintenance needs, any remedial
1055 action required or taken after an inspection, and details of
1056 follow-up inspections. For purposes of this paragraph, the term
1057 “maintenance” means any preventive or routine work necessary to
1058 maintain airport infrastructure in good condition, which is
1059 essential for the safe operation of airport infrastructure. If
1060 the comprehensive maintenance program report includes evidence
1061 of failure to perform routine maintenance, the department may
1062 withhold state funds intended for use for capital expansion
1063 projects until the airport sponsor takes corrective action to
1064 address the failure. Records of materials and equipment used for
1065 maintenance and repair work must be maintained by the airport
1066 sponsor as required by the department.
1067 (5) Only those projects or programs provided for in this
1068 act that will contribute to the implementation of the state
1069 aviation system plan, that are consistent with the energy policy
1070 of the state as defined in s. 339.08(6)(a), that are consistent
1071 with and will contribute to the implementation of any airport
1072 master plan or layout plan, and that are consistent, to the
1073 maximum extent feasible, with the approved local government
1074 comprehensive plans of the units of government in which the
1075 airport is located are eligible for the expenditure of state
1076 funds in accordance with fund participation rates and priorities
1077 established herein.
1078 (7) Subject to the availability of appropriated funds in
1079 addition to aviation fuel tax revenues, the department may
1080 participate in the capital cost of eligible public airport and
1081 aviation discretionary capacity improvement projects. The annual
1082 legislative budget request shall be based on the funding
1083 required for discretionary capacity improvement projects in the
1084 aviation and airport work program.
1085 (a) The department shall provide priority funding in
1086 support of:
1087 1. Terminal and parking expansion projects that increase
1088 capacity at airports providing commercial service in counties
1089 with a population of 500,000 or less.
1090 2. Land acquisition which provides additional capacity at
1091 the qualifying international airport or at that airport’s
1092 supplemental air carrier airport.
1093 3.2. Runway and taxiway projects that add capacity or are
1094 necessary to accommodate technological changes in the aviation
1095 industry.
1096 4.3. Airport access transportation projects that improve
1097 direct airport access and are approved by the airport sponsor.
1098 5.4. International terminal projects that increase
1099 international gate capacity.
1100 6. Projects that improve safety and efficiency of airport
1101 operations.
1102 7. Emerging technology projects, workforce development
1103 projects, and projects that benefit the strategic intermodal
1104 system through intermodal connectivity.
1105 (8) The department may also fund eligible projects
1106 performed by not-for-profit organizations and postsecondary
1107 education institutions as defined in s. 1008.47 which support
1108 the training of pilots, air traffic control personnel, or
1109 aircraft maintenance technical personnel that represent a
1110 majority of public airports in this state. Eligible projects may
1111 include activities associated with aviation master planning,
1112 professional education, safety and security planning, enhancing
1113 economic development and efficiency at airports in this state,
1114 or other planning efforts to improve the viability and safety of
1115 airports in this state. Programs that support the transition of
1116 honorably discharged military personnel to the aviation industry
1117 are also eligible projects under this subsection. The department
1118 may provide matching funds for eligible projects funded by the
1119 Department of Commerce.
1120 (9) The department may fund strategic airport investment
1121 projects at up to 100 percent of the project’s cost if:
1122 (a) Important access and on-airport capacity improvements
1123 are provided;
1124 (b) Capital improvements that strategically position the
1125 state to maximize opportunities in tourism, international trade,
1126 logistics, and the aviation industry are provided;
1127 (c) Goals of an integrated intermodal transportation system
1128 for the state are achieved; and
1129 (d) Feasibility and availability of matching funds through
1130 federal, local, or private partners are demonstrated.
1131 Section 15. Paragraphs (a), (b), and (d) of subsection (1),
1132 subsection (2), and paragraph (a) of subsection (5) of section
1133 332.0075, Florida Statutes, are amended, and paragraph (c) is
1134 added to subsection (5) of that section, to read:
1135 332.0075 Commercial service airports; transparency and
1136 accountability; penalty.—
1137 (1) As used in this section, the term:
1138 (a) “Commercial service airport” means an airport providing
1139 commercial service, including large, medium, small, and nonhub
1140 airports as classified a primary airport as defined in 49 U.S.C.
1141 s. 47102 which is classified as a large, medium, or small hub
1142 airport by the Federal Aviation Administration.
1143 (b) “Consent agenda” means an agenda which consists of
1144 items voted on collectively or as a group and which does not
1145 provide the opportunity for public comment on each such item
1146 before approval or disapproval by the governing body.
1147 (d) “Governing body” means the governing body of the
1148 county, municipality, or special district that operates a
1149 commercial service airport. The term also includes an appointed
1150 board or oversight entity serving as the governing body for
1151 purposes of a commercial service airport on behalf of a county,
1152 municipality, or special district.
1153 (2) Each governing body shall establish and maintain a
1154 website to post information relating to the operation of a
1155 commercial service airport. The information must remain posted
1156 on the website for 5 years or for the entirety of the period
1157 during which the document is actively in use, whichever is
1158 longer, and must include all of the following, including:
1159 (a) All published notices of meetings and published meeting
1160 agendas of the governing body.
1161 (b) The official minutes of each meeting of the governing
1162 body, which must shall be posted within 7 business days after
1163 the date of the meeting in which the minutes were approved.
1164 (c) The approved budget for the commercial service airport
1165 for the current fiscal year, which shall be posted within 7
1166 business days after the date of adoption. Budgets must remain on
1167 the website for 5 2 years after the conclusion of the fiscal
1168 year for which they were adopted.
1169 (d) Copies of the current airport master plan and the
1170 immediately preceding airport master plan for the commercial
1171 service airport and a link to the current airport master plan
1172 for the commercial service airport on the commercial service
1173 airport’s website.
1174 (e) A link to all financial and statistical reports for the
1175 commercial service airport on the Federal Aviation
1176 Administration’s website.
1177 (f) Any contract or contract amendment for the purchase of
1178 commodities or contractual services executed by or on behalf of
1179 the commercial service airport in excess of the threshold amount
1180 provided in s. 287.017 for CATEGORY FIVE, which must shall be
1181 posted no later than 7 business days after the commercial
1182 service airport executes the contract or contract amendment.
1183 However, a contract or contract amendment may not reveal
1184 information made confidential or exempt by law. Each commercial
1185 service airport must redact confidential or exempt information
1186 from each contract or contract amendment before posting a copy
1187 on its website.
1188 (g) Position and rate information for each employee of the
1189 commercial service airport, including, at a minimum, the
1190 employee’s position title, position description, and annual or
1191 hourly salary. This information must shall be updated quarterly
1192 annually.
1193 (5)(a) Each November 1, the governing body of each
1194 commercial service airport shall submit the following
1195 information to the department:
1196 1. Its approved budget for the current fiscal year.
1197 2. Any financial reports submitted to the Federal Aviation
1198 Administration during the previous calendar year.
1199 3. A link to its website.
1200 4. A statement, verified as provided in s. 92.525, that it
1201 has complied with part III of chapter 112, chapter 287, and this
1202 section.
1203 5. The most recent copies of its strategic plans.
1204 6. Contracts related to any financial awards received
1205 through federally funded grant programs for the preceding year.
1206 (c) A commercial service airport shall:
1207 1. Notify the department within 48 hours after receiving a
1208 communication or directive from a federal agency relating to
1209 public health testing or the transfer of unauthorized aliens
1210 into this state.
1211 2. Notify the department as soon as is reasonably possible,
1212 but no later than 48 hours, after the discovery of an incident
1213 or issue of statewide concern, including, but not limited to, an
1214 incident or issue that puts the safety of the traveling public
1215 at risk, a potential cybersecurity risk or breach, or as defined
1216 by the department.
1217 Section 16. Section 332.15, Florida Statutes, is created to
1218 read:
1219 332.15 Advanced air mobility.—The Department of
1220 Transportation shall, within the resources provided pursuant to
1221 chapter 216:
1222 (1) Address the need for vertiports, advanced air mobility,
1223 and other advances in aviation technology in the statewide
1224 aviation system plan required under s. 332.006(1) and, as
1225 appropriate, in the department’s work program.
1226 (2) Designate a subject matter expert on advanced air
1227 mobility within the department to serve as a resource for local
1228 jurisdictions navigating advances in aviation technology.
1229 (3) Conduct a review of airport hazard zone regulations.
1230 (4) In coordination with the Department of Commerce,
1231 provide coordination and assistance for the development of a
1232 viable advanced air mobility system plan in this state. The
1233 department shall incorporate the plan into the statewide
1234 aviation system plan required under s. 332.006(1) to identify
1235 and develop statewide corridors of need and opportunities for
1236 industry growth.
1237 Section 17. Subsections (5) and (26) of section 334.044,
1238 Florida Statutes, are amended, and subsections (37), (38), and
1239 (39) are added to that section, to read:
1240 334.044 Powers and duties of the department.—The department
1241 shall have the following general powers and duties:
1242 (5) To purchase, lease, or otherwise acquire property and
1243 materials, including the purchase of promotional items as part
1244 of public information and education campaigns for the promotion
1245 of environmental management, scenic highways, traffic and train
1246 safety awareness, alternatives to single-occupant vehicle
1247 travel, commercial motor vehicle safety, workforce development,
1248 electric vehicle use and charging stations, autonomous vehicles,
1249 and context classification design for electric vehicles and
1250 autonomous vehicles; to purchase, lease, or otherwise acquire
1251 equipment and supplies; and to sell, exchange, or otherwise
1252 dispose of any property that is no longer needed by the
1253 department.
1254 (26) To provide for the enhancement of environmental
1255 benefits, including air and water quality; to prevent roadside
1256 erosion; to conserve the natural roadside growth and scenery;
1257 and to provide for the implementation and maintenance of
1258 roadside conservation, enhancement, and stabilization programs.
1259 (a) On an annual basis, an amount equal to at least 1.5
1260 percent of the total amount contracted for construction projects
1261 shall be allocated by the department on a statewide basis for
1262 the purchase of plant materials, which may also be used in
1263 maintenance projects to enhance State Highway System rights-of
1264 way and arterial facilities. Such funds must be allocated on a
1265 statewide basis. Department districts may not expend funds for
1266 landscaping in connection with any project that is limited to
1267 resurfacing existing lanes unless the expenditure has been
1268 approved by the department’s secretary or the secretary’s
1269 designee.
1270 (b) To the greatest extent practical, at least 50 percent
1271 of the funds allocated under paragraph (a) this subsection shall
1272 be allocated for large plant materials and the remaining funds
1273 for other plant materials.
1274 (c) Except as prohibited by applicable federal law or
1275 regulation, all plant materials shall be purchased from Florida
1276 commercial nursery stock in this state on a uniform competitive
1277 bid basis. The department shall develop grades and standards for
1278 landscaping materials purchased through this process, which must
1279 include standards for landscaping materials native to specific
1280 regions of this state which are reflective of this state’s
1281 heritage and natural landscapes. To accomplish these activities,
1282 the department may contract with nonprofit organizations having
1283 the primary purpose of developing youth employment
1284 opportunities.
1285 (d) To increase cost predictability and programming needs,
1286 for a project with a total contracted construction cost greater
1287 than $500 million, 0.5 percent of the total construction cost
1288 shall be expended on the purchase of plant materials under
1289 paragraph (a) in the fiscal year in which construction begins
1290 and the remaining 1 percent may be expended incrementally over
1291 the next 5 fiscal years.
1292 (e) Projects authorized in s. 215 of chapter 2023-239, Laws
1293 of Florida, and in budget amendment EOG #2024-B0112 and
1294 subsequently adopted into the department’s 5-year work program
1295 are exempt from this subsection. This paragraph expires upon the
1296 completion of the authorized projects.
1297 (37) Notwithstanding s. 287.022 or s. 287.025, to directly
1298 enter into insurance contracts with local, national, or
1299 international insurance companies for the purchase of insurance
1300 coverage that the department is contractually and legally
1301 required to provide.
1302 (38) Notwithstanding s. 287.14, to purchase or acquire
1303 heavy equipment and motor vehicles for roadway operations and
1304 emergency response purposes regardless of whether the department
1305 exchanges or ceases to operate any department-owned heavy
1306 equipment or motor vehicles.
1307 (39) To adopt rules for the purpose of compliance with 49
1308 C.F.R. part 26 and any other applicable federal law.
1309 Section 18. Subsection (1) of section 334.045, Florida
1310 Statutes, is amended to read:
1311 334.045 Transportation performance and productivity
1312 standards; development; measurement; application.—
1313 (1) The Florida Transportation Commission shall develop and
1314 adopt measures for evaluating the performance and productivity
1315 of the department. The measures may be both quantitative and
1316 qualitative and must, to the maximum extent practical, assess
1317 those factors that are within the department’s control. The
1318 measures must, at a minimum, assess performance in the following
1319 areas:
1320 (a) Production;
1321 (b) Finance and administration;
1322 (c) Preservation of the current state system;
1323 (d) Safety of the current state system;
1324 (e) Capacity improvements: highways and all public
1325 transportation modes; and
1326 (f) The business development program established under s.
1327 337.027 Disadvantaged business enterprise and minority business
1328 programs.
1329 Section 19. Section 334.62, Florida Statutes, is created to
1330 read:
1331 334.62 Florida Transportation Academy.—The Legislature
1332 finds that the growth and sustainability of the transportation
1333 industry workforce is vital to the continued success and
1334 efficiency of the state’s supply chain and economic
1335 competitiveness. In order to prioritize the continued need for
1336 transportation industry workforce development programs, the
1337 Florida Transportation Academy is established within the
1338 department. In order to support, promote, and sustain workforce
1339 development efforts in the transportation sector, the department
1340 may do all of the following:
1341 (1) Coordinate with the Department of Corrections to
1342 identify and create certification and training opportunities for
1343 nonviolent, scheduled-release inmates and create a notification
1344 process between the Department of Corrections and the department
1345 for nonviolent inmates with imminent scheduled-release dates who
1346 are expected to seek employment upon release.
1347 (2) Coordinate with the Department of Juvenile Justice and
1348 its educational partners to create certification and training
1349 opportunities for eligible youth.
1350 (3) Coordinate with veterans’ organizations to encourage
1351 veterans with honorable military discharge to pursue employment
1352 opportunities within the transportation industry, including, but
1353 not limited to, employment as pilots, mechanics, and air traffic
1354 controllers.
1355 (4) Coordinate with the Department of Commerce,
1356 CareerSource Florida, Inc., and regional business organizations,
1357 within and outside of the transportation industry, to further
1358 understand recruitment and retention needs and job-seeker
1359 pipelines.
1360 (5) Coordinate with the American Council of Engineering
1361 Companies and the Florida Transportation Builders Association to
1362 optimize workforce recruitment and retention and assess future
1363 needs across the transportation industry in this state.
1364 Section 20. Present paragraph (b) of subsection (3) of
1365 section 335.182, Florida Statutes, is redesignated as paragraph
1366 (c) and amended, and a new paragraph (b) is added to that
1367 subsection, to read:
1368 335.182 Regulation of connections to roads on State Highway
1369 System; definitions.—
1370 (3) As used in this act, the term:
1371 (b) “Modification of an existing connection” means the
1372 relocation, alteration, or closure of the connection.
1373 (c)(b) “Significant change” means:
1374 1. A change in the use of the property, including the
1375 development of land, structures, or facilities;, or
1376 2. An expansion of the size of the property, structures, or
1377 facilities causing an increase in the trip generation of the
1378 property exceeding 25 percent more trip generation, (either peak
1379 hour or daily,) and exceeding 100 vehicles per day more than the
1380 existing use.
1381 Section 21. Subsections (3) and (4) of section 335.187,
1382 Florida Statutes, are amended to read:
1383 335.187 Unpermitted connections; existing access permits;
1384 nonconforming permits; modification and revocation of permits.—
1385 (3) The department may issue a nonconforming access permit
1386 if denying after finding that to deny an access permit would
1387 leave the property without a reasonable means of access to the
1388 State Highway System. The department may specify limits on the
1389 maximum vehicular use of the connection and may condition be
1390 conditioned on the availability of future alternative means of
1391 access for which access permits can be obtained.
1392 (4) After written notice and the opportunity for a hearing,
1393 as provided for in s. 120.60, the department may modify or
1394 revoke an access permit issued after July 1, 1988, by requiring
1395 modification Relocation, alteration, or closure of an existing
1396 connection if:
1397 (a) A significant change occurs in the use, design, or
1398 traffic flow of the connection; or
1399 (b) It would jeopardize the safety of the public or have a
1400 negative impact upon the operational characteristics of the
1401 highway.
1402 Section 22. Subsection (2) of section 337.027, Florida
1403 Statutes, is amended to read:
1404 337.027 Authority to implement a business development
1405 program.—
1406 (2) For purposes of this section, the term “small business”
1407 means a business with yearly average gross receipts of less than
1408 $25 $15 million for road and bridge contracts and less than $10
1409 $6.5 million for professional and nonprofessional services
1410 contracts. A business’ average gross receipts is determined by
1411 averaging its annual gross receipts over the last 3 years,
1412 including the receipts of any affiliate as defined in s.
1413 337.165.
1414 Section 23. Subsection (6) of section 337.11, Florida
1415 Statutes, is amended to read:
1416 337.11 Contracting authority of department; bids; emergency
1417 repairs, supplemental agreements, and change orders; combined
1418 design and construction contracts; progress payments; records;
1419 requirements of vehicle registration.—
1420 (6)(a) If the secretary determines that an emergency in
1421 regard to the restoration or repair of any state transportation
1422 facility exists such that the delay incident to giving
1423 opportunity for competitive bidding would be detrimental to the
1424 interests of the state, the provisions for competitive bidding
1425 do not apply; and the department may enter into contracts for
1426 restoration or repair without giving opportunity for competitive
1427 bidding on such contracts. Within 30 days after such
1428 determination and contract execution, the head of the department
1429 shall file with the Executive Office of the Governor a written
1430 statement of the conditions and circumstances constituting such
1431 emergency.
1432 (b) If the secretary determines that delays on a contract
1433 for maintenance exist due to administrative challenges, bid
1434 protests, defaults or terminations and the further delay would
1435 reduce safety on the transportation facility or seriously hinder
1436 the department’s ability to preserve the state’s investment in
1437 that facility, competitive bidding provisions may be waived and
1438 the department may enter into a contract for maintenance on the
1439 facility. However, contracts for maintenance executed under the
1440 provisions of this paragraph shall be interim in nature and
1441 shall be limited in duration to a period of time not to exceed
1442 the length of the delay necessary to complete the competitive
1443 bidding process and have the contract in place.
1444 (c) When the department determines that it is in the best
1445 interest of the public for reasons of public concern, economy,
1446 improved operations, or safety, and only when circumstances
1447 dictate rapid completion of the work, the department may, up to
1448 the amount of $500,000, enter into contracts for construction
1449 and maintenance without advertising and receiving competitive
1450 bids. The department may enter into such contracts only upon a
1451 determination that the work is necessary for one of the
1452 following reasons:
1453 1. To ensure timely completion of projects or avoidance of
1454 undue delay for other projects;
1455 2. To accomplish minor repairs or construction and
1456 maintenance activities for which time is of the essence and for
1457 which significant cost savings would occur; or
1458 3. To accomplish nonemergency work necessary to ensure
1459 avoidance of adverse conditions that affect the safe and
1460 efficient flow of traffic.
1461
1462 The department shall make a good faith effort to obtain two or
1463 more quotes, if available, from qualified contractors before
1464 entering into any contract. The department shall give
1465 consideration to small disadvantaged business enterprise
1466 participation. However, when the work exists within the limits
1467 of an existing contract, the department shall make a good faith
1468 effort to negotiate and enter into a contract with the prime
1469 contractor on the existing contract.
1470 Section 24. Section 337.125, Florida Statutes, is repealed.
1471 Section 25. Section 337.135, Florida Statutes, is repealed.
1472 Section 26. Section 337.139, Florida Statutes, is repealed.
1473 Section 27. Paragraph (a) of subsection (1) of section
1474 337.18, Florida Statutes, is amended to read:
1475 337.18 Surety bonds for construction or maintenance
1476 contracts; requirement with respect to contract award; bond
1477 requirements; defaults; damage assessments.—
1478 (1)(a) A surety bond shall be required of the successful
1479 bidder in an amount equal to the awarded contract price.
1480 However, the department may choose, in its discretion and
1481 applicable only to multiyear maintenance contracts, to allow for
1482 incremental annual contract bonds that cumulatively total the
1483 full, awarded, multiyear contract price;. The department may
1484 also choose, in its discretion and applicable only to phased
1485 design-build contracts under s. 337.11(7)(b), to allow the
1486 issuance of multiple contract performance and payment bonds in
1487 succession to align with each phase of the contract to meet the
1488 bonding requirement in this subsection; and, at the discretion
1489 of the Secretary of Transportation and notwithstanding any
1490 bonding requirement under s. 337.18, to require a surety bond in
1491 an amount that is less than the awarded contract price.
1492 1. The department may waive the requirement for all or a
1493 portion of a surety bond if:
1494 a. The contract price is $250,000 or less and the
1495 department determines that the project is of a noncritical
1496 nature and that nonperformance will not endanger public health,
1497 safety, or property;
1498 b. The prime contractor is a qualified nonprofit agency for
1499 the blind or for the other severely handicapped under s.
1500 413.036(2); or
1501 c. The prime contractor is using a subcontractor that is a
1502 qualified nonprofit agency for the blind or for the other
1503 severely handicapped under s. 413.036(2). However, the
1504 department may not waive more than the amount of the
1505 subcontract.
1506 2. If the department determines that it is in the best
1507 interests of the department to reduce the bonding requirement
1508 for a project and that to do so will not endanger public health,
1509 safety, or property, the department may waive the requirement of
1510 a surety bond in an amount equal to the awarded contract price
1511 for a project having a contract price of $250 million or more
1512 and, in its place, may set a surety bond amount that is a
1513 portion of the total contract price and provide an alternate
1514 means of security for the balance of the contract amount that is
1515 not covered by the surety bond or provide for incremental surety
1516 bonding and provide an alternate means of security for the
1517 balance of the contract amount that is not covered by the surety
1518 bond. Such alternative means of security may include letters of
1519 credit, United States bonds and notes, parent company
1520 guarantees, and cash collateral. The department may require
1521 alternate means of security if a surety bond is waived. The
1522 surety on such bond shall be a surety company authorized to do
1523 business in the state. All bonds shall be payable to the
1524 department and conditioned for the prompt, faithful, and
1525 efficient performance of the contract according to plans and
1526 specifications and within the time period specified, and for the
1527 prompt payment of all persons defined in s. 713.01 furnishing
1528 labor, material, equipment, and supplies for work provided in
1529 the contract; however, whenever an improvement, demolition, or
1530 removal contract price is $25,000 or less, the security may, in
1531 the discretion of the bidder, be in the form of a cashier’s
1532 check, bank money order of any state or national bank, certified
1533 check, or postal money order. The department shall adopt rules
1534 to implement this subsection. Such rules shall include
1535 provisions under which the department shall refuse to accept
1536 bonds on contracts when a surety wrongfully fails or refuses to
1537 settle or provide a defense for claims or actions arising under
1538 a contract for which the surety previously furnished a bond.
1539 Section 28. Subsection (3) of section 337.251, Florida
1540 Statutes, is amended to read:
1541 337.251 Lease of property for joint public-private
1542 development and areas above or below department property.—
1543 (3) A proposal must be selected by the department based on
1544 competitive bidding, except that the department may consider
1545 other relevant factors specified in the request for proposals.
1546 The department may consider such factors as the value of
1547 property exchanges, the cost of construction, and other
1548 recurring costs for the benefit of the department by the lessee
1549 in lieu of direct revenue to the department if such other
1550 factors are of equal value including innovative proposals to
1551 involve small minority businesses. The department may name a
1552 board of advisers which may be composed of accountants, real
1553 estate appraisers, design engineers, or other experts
1554 experienced in the type of development proposed. The board of
1555 advisers shall review the feasibility of the proposals,
1556 recommend acceptance or rejection of each proposal, and rank
1557 each feasible proposal in the order of technical feasibility and
1558 benefit provided to the department. The board of advisers shall
1559 be reasonably compensated for the services provided and all
1560 department costs for evaluating the proposals shall be
1561 reimbursed from a proposal application fee to be set by the
1562 department and paid by the applicants. The board of advisers
1563 shall not be subject to selection under the provisions of
1564 chapter 287.
1565 Section 29. Subsection (4) of section 337.406, Florida
1566 Statutes, is amended to read:
1567 337.406 Unlawful use of state transportation facility
1568 right-of-way; penalties.—
1569 (4)(a) Camping is prohibited on any portion of the right
1570 of-way of the State Highway System that is within 100 feet of a
1571 bridge, causeway, overpass, or ramp.
1572 (b) This subsection does not apply to a person who has
1573 acquired the appropriate permits and is actively navigating the
1574 federally designated Florida National Scenic Trail recognized by
1575 the state in s. 260.012(6).
1576 Section 30. Subsection (4) of section 338.227, Florida
1577 Statutes, is amended to read:
1578 338.227 Turnpike revenue bonds.—
1579 (4) The Department of Transportation and the Department of
1580 Management Services shall create and implement an outreach
1581 program designed to enhance the participation of small minority
1582 persons and minority business enterprises in all contracts
1583 entered into by their respective departments for services
1584 related to the financing of department projects for the
1585 Strategic Intermodal System Plan developed pursuant to s.
1586 339.64. These services shall include, but are not limited to,
1587 bond counsel and bond underwriters.
1588 Section 31. Subsection (6) is added to section 339.08,
1589 Florida Statutes, to read:
1590 339.08 Use of moneys in State Transportation Trust Fund.—
1591 (6)(a) As used in this subsection, the term “energy policy
1592 of the state” means the energy policy described in s. 377.601
1593 and includes any intended or actual measure, obligation, target,
1594 or timeframe related to a reduction in carbon dioxide emissions.
1595 (b) The department may not expend any state funds as
1596 described in s. 215.31 to support a project or program of any of
1597 the following entities if such entities adopt or promote energy
1598 policy goals inconsistent with the energy policy of the state:
1599 1. A public transit provider as defined in s. 341.031(1).
1600 2. An authority created pursuant to chapter 343, chapter
1601 348, or chapter 349.
1602 3. A public-use airport as defined in s. 332.004.
1603 4. A port listed in s. 311.09(1).
1604 Section 32. Section 339.0805, Florida Statutes, is
1605 repealed.
1606 Section 33. Paragraph (c) of subsection (6) and paragraph
1607 (h) of subsection (7) of section 339.135, Florida Statutes, are
1608 amended to read:
1609 339.135 Work program; legislative budget request;
1610 definitions; preparation, adoption, execution, and amendment.—
1611 (6) EXECUTION OF THE BUDGET.—
1612 (c) Notwithstanding the provisions of ss. 216.301(2) and
1613 216.351, any unexpended balance remaining at the end of the
1614 fiscal year in the appropriations to the department for special
1615 categories; aid to local governments; lump sums for project
1616 phases which are part of the adopted work program, and for which
1617 contracts have been executed or bids have been let; and for
1618 right-of-way land acquisition and relocation assistance for
1619 parcels from project phases in the adopted work program for
1620 which appraisals have been completed and approved, may be
1621 certified forward as fixed capital outlay at the end of each
1622 fiscal year, to be certified by the head of the state agency on
1623 or before August 1 of each year to the Executive Office of the
1624 Governor, showing in detail the commitment or to whom obligated
1625 and the amount of such commitment or obligation. On or before
1626 September 1 of each year, the Executive Office of the Governor
1627 shall review and approve or disapprove, consistent with
1628 legislative policy and intent, any or all of the items and
1629 amounts certified by the head of the state agency and shall
1630 furnish the Chief Financial Officer, the legislative
1631 appropriations committees, and the Auditor General a detailed
1632 listing of the items and amounts approved as legal encumbrances
1633 against the undisbursed balances of such appropriations. In the
1634 event such certification is not made and the balance of the
1635 appropriation has reverted and the obligation is proven to be
1636 legal, due, and unpaid, then the same must shall be presented to
1637 the Legislature for its consideration. Such certification as
1638 herein required must shall be in the form and on the date
1639 approved by the Executive Office of the Governor. Any project
1640 phases in the adopted work program not certified forward are
1641 shall be available for roll forward for the next fiscal year of
1642 the adopted work program. Spending authority associated with
1643 such project phases may be rolled forward to the next fiscal
1644 year upon approval by the procedures set forth in s. 216.177.
1645 Upon approval, the Executive Office of the Governor shall modify
1646 the original approved operating budget for fixed capital outlay
1647 expenditures Legislative Budget Commission. Increases in
1648 spending authority are shall be limited to amounts of unexpended
1649 balances by appropriation category. Any project phase certified
1650 forward for which bids have been let but subsequently rejected
1651 is shall be available for roll forward in the adopted work
1652 program for the next fiscal year. Spending authority associated
1653 with such project phases may be rolled forward into the current
1654 year from funds certified forward. The amount certified forward
1655 may include contingency allowances for right-of-way acquisition
1656 and relocation, asphalt and petroleum product escalation
1657 clauses, and contract overages, which allowances must shall be
1658 separately identified in the certification detail. Right-of-way
1659 acquisition and relocation and contract overages contingency
1660 allowances must shall be based on documented historical
1661 patterns. These contingency amounts must shall be incorporated
1662 in the certification for each specific category, but when a
1663 category has an excess and another category has a deficiency,
1664 the Executive Office of the Governor is authorized to transfer
1665 the excess to the deficient account.
1666 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
1667 (h)1. Any work program amendment that also adds a new
1668 project, or phase thereof, to the adopted work program in excess
1669 of $3 million is subject to approval by the Legislative Budget
1670 Commission. Any work program amendment submitted under this
1671 paragraph must include, as supplemental information, a list of
1672 projects, or phases thereof, in the current 5-year adopted work
1673 program which are eligible for the funds within the
1674 appropriation category being used for the proposed amendment.
1675 The department shall provide a narrative with the rationale for
1676 not advancing an existing project, or phase thereof, in lieu of
1677 the proposed amendment.
1678 2. If the department submits an amendment to the
1679 Legislative Budget Commission and the commission does not meet
1680 or consider the amendment within 30 days after its submittal,
1681 the chair and vice chair of the commission may authorize the
1682 amendment to be approved pursuant to s. 216.177. This
1683 subparagraph expires July 1, 2025.
1684 Section 34. Subsection (3) of section 339.2816, Florida
1685 Statutes, is amended to read:
1686 339.2816 Small County Road Assistance Program.—
1687 (3) Beginning with fiscal year 2025-2026, up to $50 1999
1688 2000 until fiscal year 2009-2010, and beginning again with
1689 fiscal year 2012-2013, up to $25 million annually from the State
1690 Transportation Trust Fund may be used for the purposes of
1691 funding the Small County Road Assistance Program as described in
1692 this section.
1693 Section 35. Subsections (2), (7), and (8) of section
1694 339.2818, Florida Statutes, are amended to read:
1695 339.2818 Small County Outreach Program.—
1696 (2) For the purposes of this section, the term “small
1697 county” means any county that has a population of 200,000 or
1698 less as determined by the most recent official estimate pursuant
1699 to s. 186.901. The term also includes:
1700 (a) A municipality within a rural area of opportunity or a
1701 rural area of opportunity community designated under s.
1702 288.0656(7)(a), which may compete for funding using the criteria
1703 listed in paragraph (4)(c) at up to 100 percent of project
1704 costs, excluding capacity improvement projects; and
1705 (b) A local government either wholly or partially within
1706 the Everglades Agricultural Area as defined in s. 373.4592(15),
1707 the Peace River Basin, or the Suwannee River Basin, which may
1708 compete for funding using the criteria listed in paragraph
1709 (4)(c) at up to 100 percent of project costs on state or county
1710 roads used primarily as farm-to-market connections between rural
1711 agricultural areas and market distribution centers, excluding
1712 capacity improvement projects.
1713 (7) Beginning with the 2025-2026 fiscal year, at least $50
1714 million annually from the State Transportation Trust Fund may be
1715 used for the purposes of funding the Small County Outreach
1716 Program Subject to a specific appropriation in addition to funds
1717 annually appropriated for projects under this section, a
1718 municipality within a rural area of opportunity or a rural area
1719 of opportunity community designated under s. 288.0656(7)(a) may
1720 compete for the additional project funding using the criteria
1721 listed in subsection (4) at up to 100 percent of project costs,
1722 excluding capacity improvement projects.
1723 (8) Subject to a specific appropriation in addition to
1724 funds appropriated for projects under this section, a local
1725 government either wholly or partially within the Everglades
1726 Agricultural Area as defined in s. 373.4592(15), the Peace River
1727 Basin, or the Suwannee River Basin may compete for additional
1728 funding using the criteria listed in paragraph (4)(c) at up to
1729 100 percent of project costs on state or county roads used
1730 primarily as farm-to-market connections between rural
1731 agricultural areas and market distribution centers, excluding
1732 capacity improvement projects.
1733 Section 36. Paragraph (b) of subsection (3) and paragraph
1734 (c) of subsection (4) of section 339.2821, Florida Statutes, are
1735 amended to read:
1736 339.2821 Economic development transportation projects.—
1737 (3)
1738 (b) The department must ensure that it is supportive of
1739 small businesses as defined in s. 337.027(2) small and minority
1740 businesses have equal access to participate in transportation
1741 projects funded pursuant to this section.
1742 (4) A contract between the department and a governmental
1743 body for a transportation project must:
1744 (c) Require that the governmental body provide the
1745 department with progress reports. Each progress report must
1746 contain:
1747 1. A narrative description of the work completed and
1748 whether the work is proceeding according to the transportation
1749 project schedule;
1750 2. A description of each change order executed by the
1751 governmental body;
1752 3. A budget summary detailing planned expenditures compared
1753 to actual expenditures; and
1754 4. The identity of each small or minority business used as
1755 a contractor or subcontractor.
1756 Section 37. Section 339.287, Florida Statutes, is repealed.
1757 Section 38. Paragraph (c) of subsection (2) of section
1758 339.55, Florida Statutes, is amended to read:
1759 339.55 State-funded infrastructure bank.—
1760 (2) The bank may lend capital costs or provide credit
1761 enhancements for:
1762 (c)1. Emergency loans for damages incurred to public-use
1763 commercial deepwater seaports, public-use airports, and other
1764 public-use transit and intermodal facilities that are within an
1765 area that is part of an official state declaration of emergency
1766 pursuant to chapter 252 and all other applicable laws. Such
1767 loans:
1768 a. May not exceed 24 months in duration except in extreme
1769 circumstances, for which the Secretary of Transportation may
1770 grant up to 36 months upon making written findings specifying
1771 the conditions requiring a 36-month term.
1772 b. Require application from the recipient to the department
1773 that includes documentation of damage claims filed with the
1774 Federal Emergency Management Agency or an applicable insurance
1775 carrier and documentation of the recipient’s overall financial
1776 condition.
1777 c. Are subject to approval by the Secretary of
1778 Transportation and the Legislative Budget Commission.
1779 2. Loans provided under this paragraph must be repaid upon
1780 receipt by the recipient of eligible program funding for damages
1781 in accordance with the claims filed with the Federal Emergency
1782 Management Agency or an applicable insurance carrier, but no
1783 later than the duration of the loan.
1784 Section 39. Subsections (3) and (7) of section 339.651,
1785 Florida Statutes, are amended to read:
1786 339.651 Strategic Intermodal System supply chain demands.—
1787 (3) The department may shall make up to $20 million
1788 available each year for fiscal years 2023-2024 through 2027
1789 2028, from existing work program revenues, to fund projects that
1790 meet the public purpose of providing increased capacity and
1791 enhanced capabilities to move and store construction aggregate
1792 and transportation infrastructure-related materials. Applicants
1793 eligible for project funding under this section are seaports
1794 listed in s. 311.09 and rail lines and rail facilities.
1795 (7) This section shall stand repealed on July 1, 2028.
1796 Section 40. Paragraph (b) of subsection (6) of section
1797 341.051, Florida Statutes, is amended to read:
1798 341.051 Administration and financing of public transit and
1799 intercity bus service programs and projects.—
1800 (6) ANNUAL APPROPRIATION.—
1801 (b) If funds are allocated to projects that qualify for the
1802 New Starts Transit Program in the current fiscal year and a
1803 project will not be ready for production by June 30, those funds
1804 must The remaining unallocated New Starts Transit Program funds
1805 as of June 30, 2024, shall be reallocated for the purpose of the
1806 Strategic Intermodal System within the State Transportation
1807 Trust Fund for the next fiscal year. This paragraph expires June
1808 30, 2026.
1809
1810 For purposes of this section, the term “net operating costs”
1811 means all operating costs of a project less any federal funds,
1812 fares, or other sources of income to the project.
1813 Section 41. Subsection (5) of section 348.754, Florida
1814 Statutes, is amended to read:
1815 348.754 Purposes and powers.—
1816 (5) The authority shall encourage the inclusion of local
1817 and small local-, small-, minority-, and women-owned businesses
1818 in its procurement and contracting opportunities.
1819 Section 42. Subsection (2) of section 349.03, Florida
1820 Statutes, is amended, and subsections (4) and (5) are added to
1821 that section, to read:
1822 349.03 Jacksonville Transportation Authority.—
1823 (2) The governing body of the authority shall be composed
1824 consist of seven members. Four Three members, one of whom is a
1825 resident of the City of Jacksonville and three of whom are
1826 residents of Clay County, Duval County, or St. Johns County,
1827 shall be appointed by the Governor and confirmed by the Senate.
1828 Three members shall be appointed by the mayor of the City of
1829 Jacksonville subject to confirmation by the council of the City
1830 of Jacksonville. The seventh member shall be the district
1831 secretary of the Department of Transportation serving in the
1832 district that contains the City of Jacksonville. Except for the
1833 seventh member, Members appointed by the mayor of the City of
1834 Jacksonville must shall be residents and qualified electors of
1835 Duval County.
1836 (4) The authority shall follow the business development
1837 program established by the department pursuant to s. 337.027.
1838 (5) The authority shall establish protocols and systems in
1839 accordance with the requirements of ss. 112.061(16) and
1840 215.985(6) and (14) and post all related information on the
1841 authority’s publicly accessible website.
1842 Section 43. Paragraphs (j) and (m) of subsection (2) of
1843 section 110.205, Florida Statutes, are amended to read:
1844 110.205 Career service; exemptions.—
1845 (2) EXEMPT POSITIONS.—The exempt positions that are not
1846 covered by this part include the following:
1847 (j) The appointed secretaries and the State Surgeon
1848 General, assistant secretaries, deputy secretaries, and deputy
1849 assistant secretaries of all departments; the executive
1850 directors, assistant executive directors, deputy executive
1851 directors, and deputy assistant executive directors of all
1852 departments; the directors of all divisions and those positions
1853 determined by the department to have managerial responsibilities
1854 comparable to such positions, which positions include, but are
1855 not limited to, program directors, assistant program directors,
1856 district administrators, deputy district administrators, the
1857 Director of Central Operations Services of the Department of
1858 Children and Families, the State Transportation Development
1859 Administrator, the State Public Transportation and Modal
1860 Administrator, district secretaries, district directors of
1861 transportation development, transportation operations,
1862 transportation support, and the managers of the offices of the
1863 Department of Transportation specified in s. 20.23(4)(b) s.
1864 20.23(3)(b). Unless otherwise fixed by law, the department shall
1865 set the salary and benefits of these positions and the positions
1866 of county health department directors and county health
1867 department administrators of the Department of Health in
1868 accordance with the rules of the Senior Management Service.
1869 (m) All assistant division director, deputy division
1870 director, and bureau chief positions in any department, and
1871 those positions determined by the department to have managerial
1872 responsibilities comparable to such positions, which include,
1873 but are not limited to:
1874 1. Positions in the Department of Health and the Department
1875 of Children and Families which are assigned primary duties of
1876 serving as the superintendent or assistant superintendent of an
1877 institution.
1878 2. Positions in the Department of Corrections which are
1879 assigned primary duties of serving as the warden, assistant
1880 warden, colonel, or major of an institution or that are assigned
1881 primary duties of serving as the circuit administrator or deputy
1882 circuit administrator.
1883 3. Positions in the Department of Transportation which are
1884 assigned primary duties of serving as regional toll managers and
1885 managers of offices, as specified in s. 20.23(4)(b) and (5)(c)
1886 s. 20.23(3)(b) and (4)(c).
1887 4. Positions in the Department of Environmental Protection
1888 which are assigned the duty of an Environmental Administrator or
1889 program administrator.
1890 5. Positions in the Department of Health which are assigned
1891 the duties of Environmental Administrator, Assistant County
1892 Health Department Director, and County Health Department
1893 Financial Administrator.
1894 6. Positions in the Department of Highway Safety and Motor
1895 Vehicles which are assigned primary duties of serving as
1896 captains in the Florida Highway Patrol.
1897
1898 Unless otherwise fixed by law, the department shall set the
1899 salary and benefits of the positions listed in this paragraph in
1900 accordance with the rules established for the Selected Exempt
1901 Service.
1902 Section 44. Paragraph (d) of subsection (3) of section
1903 322.27, Florida Statutes, is amended to read:
1904 322.27 Authority of department to suspend or revoke driver
1905 license or identification card.—
1906 (3) There is established a point system for evaluation of
1907 convictions of violations of motor vehicle laws or ordinances,
1908 and violations of applicable provisions of s. 403.413(6)(b) when
1909 such violations involve the use of motor vehicles, for the
1910 determination of the continuing qualification of any person to
1911 operate a motor vehicle. The department is authorized to suspend
1912 the license of any person upon showing of its records or other
1913 good and sufficient evidence that the licensee has been
1914 convicted of violation of motor vehicle laws or ordinances, or
1915 applicable provisions of s. 403.413(6)(b), amounting to 12 or
1916 more points as determined by the point system. The suspension
1917 shall be for a period of not more than 1 year.
1918 (d) The point system shall have as its basic element a
1919 graduated scale of points assigning relative values to
1920 convictions of the following violations:
1921 1. Reckless driving, willful and wanton—4 points.
1922 2. Leaving the scene of a crash resulting in property
1923 damage of more than $50—6 points.
1924 3. Unlawful speed, or unlawful use of a wireless
1925 communications device, resulting in a crash—6 points.
1926 4. Passing a stopped school bus:
1927 a. Not causing or resulting in serious bodily injury to or
1928 death of another—4 points.
1929 b. Causing or resulting in serious bodily injury to or
1930 death of another—6 points.
1931 c. Points may not be imposed for a violation of passing a
1932 stopped school bus as provided in s. 316.172(1)(a) or (b) when
1933 enforced by a school bus infraction detection system pursuant to
1934 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
1935 when enforced by a school bus infraction detection system
1936 pursuant to s. 316.173 may not be used for purposes of setting
1937 motor vehicle insurance rates.
1938 5. Unlawful speed:
1939 a. Not in excess of 15 miles per hour of lawful or posted
1940 speed—3 points.
1941 b. In excess of 15 miles per hour of lawful or posted
1942 speed—4 points.
1943 c. Points may not be imposed for a violation of unlawful
1944 speed as provided in s. 316.1895 or s. 316.183 when enforced by
1945 a traffic infraction enforcement officer pursuant to s.
1946 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
1947 when enforced by a traffic infraction enforcement officer
1948 pursuant to s. 316.1896 may not be used for purposes of setting
1949 motor vehicle insurance rates.
1950 6. A violation of a traffic control signal device as
1951 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1952 However, points may not be imposed for a violation of s.
1953 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1954 stop at a traffic signal and when enforced by a traffic
1955 infraction enforcement officer. In addition, a violation of s.
1956 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1957 stop at a traffic signal and when enforced by a traffic
1958 infraction enforcement officer may not be used for purposes of
1959 setting motor vehicle insurance rates.
1960 7. Unlawfully driving a vehicle through a railroad-highway
1961 grade crossing—6 points.
1962 8. All other moving violations (including parking on a
1963 highway outside the limits of a municipality)—3 points. However,
1964 points may not be imposed for a violation of s. 316.0741 or s.
1965 316.2065(11); and points may be imposed for a violation of s.
1966 316.1001 only when imposed by the court after a hearing pursuant
1967 to s. 318.14(5).
1968 9. Any moving violation covered in this paragraph,
1969 excluding unlawful speed and unlawful use of a wireless
1970 communications device, resulting in a crash—4 points.
1971 10. Any conviction under s. 403.413(6)(b)—3 points.
1972 11. Any conviction under s. 316.0775(2)—4 points.
1973 12. A moving violation covered in this paragraph which is
1974 committed in conjunction with the unlawful use of a wireless
1975 communications device within a school safety zone—2 points, in
1976 addition to the points assigned for the moving violation.
1977 Section 45. Subsection (13) of section 365.172, Florida
1978 Statutes, is amended to read:
1979 365.172 Emergency communications.—
1980 (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
1981 IMPLEMENTATION.—To balance the public need for reliable
1982 emergency communications services through reliable wireless
1983 systems and the public interest served by governmental zoning
1984 and land development regulations and notwithstanding any other
1985 law or local ordinance to the contrary, the following standards
1986 shall apply to a local government’s actions, as a regulatory
1987 body, in the regulation of the placement, construction, or
1988 modification of a wireless communications facility. This
1989 subsection may not, however, be construed to waive or alter the
1990 provisions of s. 286.011 or s. 286.0115. For the purposes of
1991 this subsection only, “local government” shall mean any
1992 municipality or county and any agency of a municipality or
1993 county only. The term “local government” does not, however,
1994 include any airport, as defined in s. 330.27 by s. 330.27(2),
1995 even if it is owned or controlled by or through a municipality,
1996 county, or agency of a municipality or county. Further,
1997 notwithstanding anything in this section to the contrary, this
1998 subsection does not apply to or control a local government’s
1999 actions as a property or structure owner in the use of any
2000 property or structure owned by such entity for the placement,
2001 construction, or modification of wireless communications
2002 facilities. In the use of property or structures owned by the
2003 local government, however, a local government may not use its
2004 regulatory authority so as to avoid compliance with, or in a
2005 manner that does not advance, the provisions of this subsection.
2006 (a) Colocation among wireless providers is encouraged by
2007 the state.
2008 1.a. Colocations on towers, including nonconforming towers,
2009 that meet the requirements in sub-sub-subparagraphs (I), (II),
2010 and (III), are subject to only building permit review, which may
2011 include a review for compliance with this subparagraph. Such
2012 colocations are not subject to any design or placement
2013 requirements of the local government’s land development
2014 regulations in effect at the time of the colocation that are
2015 more restrictive than those in effect at the time of the initial
2016 antennae placement approval, to any other portion of the land
2017 development regulations, or to public hearing review. This sub
2018 subparagraph may not preclude a public hearing for any appeal of
2019 the decision on the colocation application.
2020 (I) The colocation does not increase the height of the
2021 tower to which the antennae are to be attached, measured to the
2022 highest point of any part of the tower or any existing antenna
2023 attached to the tower;
2024 (II) The colocation does not increase the ground space
2025 area, commonly known as the compound, approved in the site plan
2026 for equipment enclosures and ancillary facilities; and
2027 (III) The colocation consists of antennae, equipment
2028 enclosures, and ancillary facilities that are of a design and
2029 configuration consistent with all applicable regulations,
2030 restrictions, or conditions, if any, applied to the initial
2031 antennae placed on the tower and to its accompanying equipment
2032 enclosures and ancillary facilities and, if applicable, applied
2033 to the tower supporting the antennae. Such regulations may
2034 include the design and aesthetic requirements, but not
2035 procedural requirements, other than those authorized by this
2036 section, of the local government’s land development regulations
2037 in effect at the time the initial antennae placement was
2038 approved.
2039 b. Except for a historic building, structure, site, object,
2040 or district, or a tower included in sub-subparagraph a.,
2041 colocations on all other existing structures that meet the
2042 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
2043 to no more than building permit review, and an administrative
2044 review for compliance with this subparagraph. Such colocations
2045 are not subject to any portion of the local government’s land
2046 development regulations not addressed herein, or to public
2047 hearing review. This sub-subparagraph may not preclude a public
2048 hearing for any appeal of the decision on the colocation
2049 application.
2050 (I) The colocation does not increase the height of the
2051 existing structure to which the antennae are to be attached,
2052 measured to the highest point of any part of the structure or
2053 any existing antenna attached to the structure;
2054 (II) The colocation does not increase the ground space
2055 area, otherwise known as the compound, if any, approved in the
2056 site plan for equipment enclosures and ancillary facilities;
2057 (III) The colocation consists of antennae, equipment
2058 enclosures, and ancillary facilities that are of a design and
2059 configuration consistent with any applicable structural or
2060 aesthetic design requirements and any requirements for location
2061 on the structure, but not prohibitions or restrictions on the
2062 placement of additional colocations on the existing structure or
2063 procedural requirements, other than those authorized by this
2064 section, of the local government’s land development regulations
2065 in effect at the time of the colocation application; and
2066 (IV) The colocation consists of antennae, equipment
2067 enclosures, and ancillary facilities that are of a design and
2068 configuration consistent with all applicable restrictions or
2069 conditions, if any, that do not conflict with sub-sub
2070 subparagraph (III) and were applied to the initial antennae
2071 placed on the structure and to its accompanying equipment
2072 enclosures and ancillary facilities and, if applicable, applied
2073 to the structure supporting the antennae.
2074 c. Regulations, restrictions, conditions, or permits of the
2075 local government, acting in its regulatory capacity, that limit
2076 the number of colocations or require review processes
2077 inconsistent with this subsection do not apply to colocations
2078 addressed in this subparagraph.
2079 d. If only a portion of the colocation does not meet the
2080 requirements of this subparagraph, such as an increase in the
2081 height of the proposed antennae over the existing structure
2082 height or a proposal to expand the ground space approved in the
2083 site plan for the equipment enclosure, where all other portions
2084 of the colocation meet the requirements of this subparagraph,
2085 that portion of the colocation only may be reviewed under the
2086 local government’s regulations applicable to an initial
2087 placement of that portion of the facility, including, but not
2088 limited to, its land development regulations, and within the
2089 review timeframes of subparagraph (d)2., and the rest of the
2090 colocation shall be reviewed in accordance with this
2091 subparagraph. A colocation proposal under this subparagraph that
2092 increases the ground space area, otherwise known as the
2093 compound, approved in the original site plan for equipment
2094 enclosures and ancillary facilities by no more than a cumulative
2095 amount of 400 square feet or 50 percent of the original compound
2096 size, whichever is greater, shall, however, require no more than
2097 administrative review for compliance with the local government’s
2098 regulations, including, but not limited to, land development
2099 regulations review, and building permit review, with no public
2100 hearing review. This sub-subparagraph does not preclude a public
2101 hearing for any appeal of the decision on the colocation
2102 application.
2103 2. If a colocation does not meet the requirements of
2104 subparagraph 1., the local government may review the application
2105 under the local government’s regulations, including, but not
2106 limited to, land development regulations, applicable to the
2107 placement of initial antennae and their accompanying equipment
2108 enclosure and ancillary facilities.
2109 3. If a colocation meets the requirements of subparagraph
2110 1., the colocation may not be considered a modification to an
2111 existing structure or an impermissible modification of a
2112 nonconforming structure.
2113 4. The owner of the existing tower on which the proposed
2114 antennae are to be colocated shall remain responsible for
2115 compliance with any applicable condition or requirement of a
2116 permit or agreement, or any applicable condition or requirement
2117 of the land development regulations to which the existing tower
2118 had to comply at the time the tower was permitted, including any
2119 aesthetic requirements, provided the condition or requirement is
2120 not inconsistent with this paragraph.
2121 5. An existing tower, including a nonconforming tower, may
2122 be structurally modified in order to permit colocation or may be
2123 replaced through no more than administrative review and building
2124 permit review, and is not subject to public hearing review, if
2125 the overall height of the tower is not increased and, if a
2126 replacement, the replacement tower is a monopole tower or, if
2127 the existing tower is a camouflaged tower, the replacement tower
2128 is a like-camouflaged tower. This subparagraph may not preclude
2129 a public hearing for any appeal of the decision on the
2130 application.
2131 (b)1. A local government’s land development and
2132 construction regulations for wireless communications facilities
2133 and the local government’s review of an application for the
2134 placement, construction, or modification of a wireless
2135 communications facility shall only address land development or
2136 zoning issues. In such local government regulations or review,
2137 the local government may not require information on or evaluate
2138 a wireless provider’s business decisions about its service,
2139 customer demand for its service, or quality of its service to or
2140 from a particular area or site, unless the wireless provider
2141 voluntarily offers this information to the local government. In
2142 such local government regulations or review, a local government
2143 may not require information on or evaluate the wireless
2144 provider’s designed service unless the information or materials
2145 are directly related to an identified land development or zoning
2146 issue or unless the wireless provider voluntarily offers the
2147 information. Information or materials directly related to an
2148 identified land development or zoning issue may include, but are
2149 not limited to, evidence that no existing structure can
2150 reasonably be used for the antennae placement instead of the
2151 construction of a new tower, that residential areas cannot be
2152 served from outside the residential area, as addressed in
2153 subparagraph 3., or that the proposed height of a new tower or
2154 initial antennae placement or a proposed height increase of a
2155 modified tower, replacement tower, or colocation is necessary to
2156 provide the provider’s designed service. Nothing in this
2157 paragraph shall limit the local government from reviewing any
2158 applicable land development or zoning issue addressed in its
2159 adopted regulations that does not conflict with this section,
2160 including, but not limited to, aesthetics, landscaping, land
2161 use-based location priorities, structural design, and setbacks.
2162 2. Any setback or distance separation required of a tower
2163 may not exceed the minimum distance necessary, as determined by
2164 the local government, to satisfy the structural safety or
2165 aesthetic concerns that are to be protected by the setback or
2166 distance separation.
2167 3. A local government may exclude the placement of wireless
2168 communications facilities in a residential area or residential
2169 zoning district but only in a manner that does not constitute an
2170 actual or effective prohibition of the provider’s service in
2171 that residential area or zoning district. If a wireless provider
2172 demonstrates to the satisfaction of the local government that
2173 the provider cannot reasonably provide its service to the
2174 residential area or zone from outside the residential area or
2175 zone, the municipality or county and provider shall cooperate to
2176 determine an appropriate location for a wireless communications
2177 facility of an appropriate design within the residential area or
2178 zone. The local government may require that the wireless
2179 provider reimburse the reasonable costs incurred by the local
2180 government for this cooperative determination. An application
2181 for such cooperative determination may not be considered an
2182 application under paragraph (d).
2183 4. A local government may impose a reasonable fee on
2184 applications to place, construct, or modify a wireless
2185 communications facility only if a similar fee is imposed on
2186 applicants seeking other similar types of zoning, land use, or
2187 building permit review. A local government may impose fees for
2188 the review of applications for wireless communications
2189 facilities by consultants or experts who conduct code compliance
2190 review for the local government but any fee is limited to
2191 specifically identified reasonable expenses incurred in the
2192 review. A local government may impose reasonable surety
2193 requirements to ensure the removal of wireless communications
2194 facilities that are no longer being used.
2195 5. A local government may impose design requirements, such
2196 as requirements for designing towers to support colocation or
2197 aesthetic requirements, except as otherwise limited in this
2198 section, but may not impose or require information on compliance
2199 with building code type standards for the construction or
2200 modification of wireless communications facilities beyond those
2201 adopted by the local government under chapter 553 and that apply
2202 to all similar types of construction.
2203 (c) Local governments may not require wireless providers to
2204 provide evidence of a wireless communications facility’s
2205 compliance with federal regulations, except evidence of
2206 compliance with applicable Federal Aviation Administration
2207 requirements under 14 C.F.R. part 77, as amended, and evidence
2208 of proper Federal Communications Commission licensure, or other
2209 evidence of Federal Communications Commission authorized
2210 spectrum use, but may request the Federal Communications
2211 Commission to provide information as to a wireless provider’s
2212 compliance with federal regulations, as authorized by federal
2213 law.
2214 (d)1. A local government shall grant or deny each properly
2215 completed application for a colocation under subparagraph (a)1.
2216 based on the application’s compliance with the local
2217 government’s applicable regulations, as provided for in
2218 subparagraph (a)1. and consistent with this subsection, and
2219 within the normal timeframe for a similar building permit review
2220 but in no case later than 45 business days after the date the
2221 application is determined to be properly completed in accordance
2222 with this paragraph.
2223 2. A local government shall grant or deny each properly
2224 completed application for any other wireless communications
2225 facility based on the application’s compliance with the local
2226 government’s applicable regulations, including but not limited
2227 to land development regulations, consistent with this subsection
2228 and within the normal timeframe for a similar type review but in
2229 no case later than 90 business days after the date the
2230 application is determined to be properly completed in accordance
2231 with this paragraph.
2232 3.a. An application is deemed submitted or resubmitted on
2233 the date the application is received by the local government. If
2234 the local government does not notify the applicant in writing
2235 that the application is not completed in compliance with the
2236 local government’s regulations within 20 business days after the
2237 date the application is initially submitted or additional
2238 information resubmitted, the application is deemed, for
2239 administrative purposes only, to be properly completed and
2240 properly submitted. However, the determination may not be deemed
2241 as an approval of the application. If the application is not
2242 completed in compliance with the local government’s regulations,
2243 the local government shall so notify the applicant in writing
2244 and the notification must indicate with specificity any
2245 deficiencies in the required documents or deficiencies in the
2246 content of the required documents which, if cured, make the
2247 application properly completed. Upon resubmission of information
2248 to cure the stated deficiencies, the local government shall
2249 notify the applicant, in writing, within the normal timeframes
2250 of review, but in no case longer than 20 business days after the
2251 additional information is submitted, of any remaining
2252 deficiencies that must be cured. Deficiencies in document type
2253 or content not specified by the local government do not make the
2254 application incomplete. Notwithstanding this sub-subparagraph,
2255 if a specified deficiency is not properly cured when the
2256 applicant resubmits its application to comply with the notice of
2257 deficiencies, the local government may continue to request the
2258 information until such time as the specified deficiency is
2259 cured. The local government may establish reasonable timeframes
2260 within which the required information to cure the application
2261 deficiency is to be provided or the application will be
2262 considered withdrawn or closed.
2263 b. If the local government fails to grant or deny a
2264 properly completed application for a wireless communications
2265 facility within the timeframes set forth in this paragraph, the
2266 application shall be deemed automatically approved and the
2267 applicant may proceed with placement of the facilities without
2268 interference or penalty. The timeframes specified in
2269 subparagraph 2. may be extended only to the extent that the
2270 application has not been granted or denied because the local
2271 government’s procedures generally applicable to all other
2272 similar types of applications require action by the governing
2273 body and such action has not taken place within the timeframes
2274 specified in subparagraph 2. Under such circumstances, the local
2275 government must act to either grant or deny the application at
2276 its next regularly scheduled meeting or, otherwise, the
2277 application is deemed to be automatically approved.
2278 c. To be effective, a waiver of the timeframes set forth in
2279 this paragraph must be voluntarily agreed to by the applicant
2280 and the local government. A local government may request, but
2281 not require, a waiver of the timeframes by the applicant, except
2282 that, with respect to a specific application, a one-time waiver
2283 may be required in the case of a declared local, state, or
2284 federal emergency that directly affects the administration of
2285 all permitting activities of the local government.
2286 (e) The replacement of or modification to a wireless
2287 communications facility, except a tower, that results in a
2288 wireless communications facility not readily discernibly
2289 different in size, type, and appearance when viewed from ground
2290 level from surrounding properties, and the replacement or
2291 modification of equipment that is not visible from surrounding
2292 properties, all as reasonably determined by the local
2293 government, are subject to no more than applicable building
2294 permit review.
2295 (f) Any other law to the contrary notwithstanding, the
2296 Department of Management Services shall negotiate, in the name
2297 of the state, leases for wireless communications facilities that
2298 provide access to state government-owned property not acquired
2299 for transportation purposes, and the Department of
2300 Transportation shall negotiate, in the name of the state, leases
2301 for wireless communications facilities that provide access to
2302 property acquired for state rights-of-way. On property acquired
2303 for transportation purposes, leases shall be granted in
2304 accordance with s. 337.251. On other state government-owned
2305 property, leases shall be granted on a space available, first
2306 come, first-served basis. Payments required by state government
2307 under a lease must be reasonable and must reflect the market
2308 rate for the use of the state government-owned property. The
2309 Department of Management Services and the Department of
2310 Transportation are authorized to adopt rules for the terms and
2311 conditions and granting of any such leases.
2312 (g) If any person adversely affected by any action, or
2313 failure to act, or regulation, or requirement of a local
2314 government in the review or regulation of the wireless
2315 communication facilities files an appeal or brings an
2316 appropriate action in a court or venue of competent
2317 jurisdiction, following the exhaustion of all administrative
2318 remedies, the matter shall be considered on an expedited basis.
2319 Section 46. Subsection (2) of section 379.2293, Florida
2320 Statutes, is amended to read:
2321 379.2293 Airport activities within the scope of a federally
2322 approved wildlife hazard management plan or a federal or state
2323 permit or other authorization for depredation or harassment.—
2324 (2) An airport authority or other entity owning or
2325 operating an airport, as defined in s. 330.27 s. 330.27(2), is
2326 not subject to any administrative or civil penalty, restriction,
2327 or other sanction with respect to any authorized action taken in
2328 a non-negligent manner for the purpose of protecting human life
2329 or aircraft safety from wildlife hazards.
2330 Section 47. Subsection (22) of section 493.6101, Florida
2331 Statutes, is amended to read:
2332 493.6101 Definitions.—
2333 (22) “Repossession” means the recovery of a motor vehicle
2334 as defined under s. 320.01(1), a mobile home as defined in s.
2335 320.01(2), a motorboat as defined under s. 327.02, an aircraft
2336 as defined in s. 330.27 s. 330.27(1), a personal watercraft as
2337 defined in s. 327.02, an all-terrain vehicle as defined in s.
2338 316.2074, farm equipment as defined under s. 686.402, or
2339 industrial equipment, by an individual who is authorized by the
2340 legal owner, lienholder, or lessor to recover, or to collect
2341 money payment in lieu of recovery of, that which has been sold
2342 or leased under a security agreement that contains a
2343 repossession clause. As used in this subsection, the term
2344 “industrial equipment” includes, but is not limited to,
2345 tractors, road rollers, cranes, forklifts, backhoes, and
2346 bulldozers. The term “industrial equipment” also includes other
2347 vehicles that are propelled by power other than muscular power
2348 and that are used in the manufacture of goods or used in the
2349 provision of services. A repossession is complete when a
2350 licensed recovery agent is in control, custody, and possession
2351 of such repossessed property. Property that is being repossessed
2352 shall be considered to be in the control, custody, and
2353 possession of a recovery agent if the property being repossessed
2354 is secured in preparation for transport from the site of the
2355 recovery by means of being attached to or placed on the towing
2356 or other transport vehicle or if the property being repossessed
2357 is being operated or about to be operated by an employee of the
2358 recovery agency.
2359 Section 48. Paragraph (c) of subsection (1) of section
2360 493.6403, Florida Statutes, is amended to read:
2361 493.6403 License requirements.—
2362 (1) In addition to the license requirements set forth in
2363 this chapter, each individual or agency shall comply with the
2364 following additional requirements:
2365 (c) An applicant for a Class “E” license shall have at
2366 least 1 year of lawfully gained, verifiable, full-time
2367 experience in one, or a combination of more than one, of the
2368 following:
2369 1. Repossession of motor vehicles as defined in s.
2370 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
2371 as defined in s. 327.02, aircraft as defined in s. 330.27 s.
2372 330.27(1), personal watercraft as defined in s. 327.02, all
2373 terrain vehicles as defined in s. 316.2074, farm equipment as
2374 defined under s. 686.402, or industrial equipment as defined in
2375 s. 493.6101(22).
2376 2. Work as a Class “EE” licensed intern.
2377 Section 49. This act shall take effect July 1, 2025.