Florida Senate - 2025                             CS for SB 1662
       
       
        
       By the Committee on Transportation; and Senator Collins
       
       
       
       
       
       596-02864-25                                          20251662c1
    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; requiring the commission to
   13         monitor transit entities that receive certain funding;
   14         requiring members of the commission to follow certain
   15         standards of conduct; providing legislative findings
   16         and intent; creating the Florida Transportation
   17         Research Institute; specifying the purpose of the
   18         institute; requiring the institute to report to the
   19         department; providing for membership of the institute;
   20         requiring the department to select a member to serve
   21         as the administrative lead of the institute; requiring
   22         the Secretary of Transportation to appoint a
   23         representative of the department to serve as the
   24         executive director of the institute; requiring the
   25         department to coordinate with the members of the
   26         institute to adopt certain policies; authorizing the
   27         institute to award certain grants; authorizing the
   28         department to allocate funds to the institute from the
   29         State Transportation Trust Fund; authorizing the
   30         institute to expend funds for certain operations and
   31         programs; requiring the institute to submit an annual
   32         report to the Secretary of Transportation and the
   33         commission; revising the department’s areas of program
   34         responsibility; amending s. 311.07, F.S.; providing
   35         that certain spaceport and space industry-related
   36         facility projects and commercial shipbuilding and
   37         manufacturing facility projects are eligible for grant
   38         funding under the Florida Seaport Transportation and
   39         Economic Development Program; amending s. 311.09,
   40         F.S.; revising the purpose of the Florida Seaport
   41         Transportation and Economic Development Council;
   42         requiring the department to provide administrative
   43         support to the council on certain matters; requiring
   44         that the Florida Seaport Mission Plan include certain
   45         recommendations; requiring each port member of the
   46         council to submit a certain semiannual report to the
   47         department; amending s. 311.10, F.S.; requiring
   48         seaports located in a specified county to include
   49         certain statements in any agreement with the
   50         department as a condition of receiving certain grants;
   51         defining the term “cargo purposes”; repealing s.
   52         316.0741, F.S., relating to high-occupancy-vehicle
   53         lanes; amending s. 316.0745, F.S.; deleting language
   54         limiting the state funds that may be withheld due to
   55         certain violations by a public body or official to
   56         state funds for traffic control purposes; providing
   57         that such violations are cause for the withholding of
   58         state funds deposited in the State Transportation
   59         Trust Fund; amending s. 330.27, F.S.; revising
   60         definitions and defining terms; amending s. 330.30,
   61         F.S.; requiring a private airport of public interest
   62         to obtain a certain certificate from the department
   63         before allowing aircraft operations; requiring certain
   64         private airports to obtain a certain certificate from
   65         the department by a specified date; amending s.
   66         331.371, F.S.; authorizing the department, in
   67         consultation with the Department of Commerce and the
   68         Department of Environmental Protection, to fund
   69         certain infrastructure projects and projects
   70         associated with certain critical infrastructure
   71         projects; requiring such departments to coordinate in
   72         funding certain projects for a specified purpose;
   73         amending s. 332.003, F.S.; revising a short title;
   74         amending s. 332.005, F.S.; requiring airports to
   75         provide the Department of Transportation with the
   76         opportunity to use certain airport property for a
   77         specified purpose during a declared state of
   78         emergency; requiring that such use be conducted
   79         pursuant to a written agreement after a certain period
   80         of use; amending s. 332.006, F.S.; deleting a
   81         requirement that the department meet certain duties
   82         and responsibilities within the resources provided
   83         pursuant to a specified chapter; providing duties and
   84         responsibilities of the department relating to certain
   85         educational services, inspections of certain
   86         commercial airport facilities, and agreements with
   87         other state regulatory agencies; amending s. 332.007,
   88         F.S.; requiring the department to require annual
   89         comprehensive maintenance program reports from airport
   90         sponsors; providing requirements for such reports;
   91         defining the term “maintenance”; authorizing the
   92         department to withhold certain state funds under
   93         certain circumstances; revising the list of projects
   94         for which the department must provide priority
   95         funding; authorizing the department to fund eligible
   96         projects performed by certain organizations and
   97         postsecondary education institutions; providing that
   98         certain programs are eligible projects; authorizing
   99         the department to provide certain matching funds;
  100         revising the circumstances in which the department may
  101         fund strategic airport investment projects; amending
  102         s. 332.0075, F.S.; revising definitions; requiring
  103         that certain information remain posted on a governing
  104         body’s website for a certain period; revising the
  105         information that must be included on such website;
  106         requiring the quarterly, rather than annual, update of
  107         certain information; revising information that the
  108         governing body of a commercial service airport must
  109         submit to the department annually; requiring a
  110         commercial service airport to provide certain
  111         notifications to the department; creating s. 332.15,
  112         F.S.; requiring the department to address certain
  113         needs in the statewide aviation system plan and the
  114         department’s work program, designate a certain subject
  115         matter expert, conduct a specified review, and, in
  116         coordination with the Department of Commerce, provide
  117         certain coordination and assistance for the
  118         development of a viable advanced air mobility system
  119         plan; amending s. 334.044, F.S.; revising the powers
  120         and duties of the department; amending s. 334.045,
  121         F.S.; requiring certain measures developed and adopted
  122         by the Florida Transportation Commission to assess
  123         performance in a specified business development
  124         program, instead of disadvantaged business enterprise
  125         and minority business programs; creating s. 334.62,
  126         F.S.; providing legislative findings; establishing the
  127         Florida Transportation Academy within the department;
  128         authorizing the department to coordinate with certain
  129         entities for specified purposes; amending s. 335.182,
  130         F.S.; defining the term “modification of an existing
  131         connection”; revising the definition of the term
  132         “significant change”; amending s. 335.187, F.S.;
  133         authorizing the department to modify or revoke certain
  134         access permits by requiring modification of an
  135         existing connection in certain circumstances; amending
  136         s. 337.027, F.S.; revising the definition of the term
  137         “small business”; amending s. 337.11, F.S.; requiring
  138         the department to give consideration to small business
  139         participation, instead of disadvantaged business
  140         enterprise participation; repealing s. 337.125, F.S.,
  141         relating to socially and economically disadvantaged
  142         business enterprises and notice requirements;
  143         repealing s. 337.135, F.S., relating to socially and
  144         economically disadvantaged business enterprises and
  145         punishment for false representation; repealing s.
  146         337.139, F.S., relating to efforts to encourage
  147         awarding contracts to disadvantaged business
  148         enterprises; amending s. 337.18, F.S.; authorizing the
  149         Secretary of Transportation to require a surety bond
  150         in an amount that is less than the awarded contract
  151         price; amending s. 337.251, F.S.; revising factors
  152         that may be considered by the department when
  153         selecting certain proposals; amending s. 337.401,
  154         F.S.; prohibiting a municipality from prohibiting, or
  155         requiring a permit for, the installation of certain
  156         public sewer transmission lines; amending s. 337.406,
  157         F.S.; prohibiting camping on any portion of the right
  158         of-way of the State Highway System; providing
  159         applicability; amending s. 338.227, F.S.; revising the
  160         purpose for which the department and the Department of
  161         Management Services shall create and implement a
  162         certain outreach program; amending s. 339.08, F.S.;
  163         defining the term “energy policy of the state”;
  164         prohibiting the department from expending state funds
  165         to support projects or programs of certain entities in
  166         certain circumstances; repealing s. 339.0805, F.S.,
  167         relating to funds to be expended with certified
  168         disadvantaged business enterprises, a construction
  169         management development program, and a bond guarantee
  170         program; amending s. 339.135, F.S.; revising the
  171         method of approval upon which certain spending
  172         authority may be rolled forward to the next fiscal
  173         year; requiring the Executive Office of the Governor
  174         to make a certain budget modification upon such
  175         approval; deleting the scheduled repeal of a provision
  176         authorizing the chair or vice chair of the Legislative
  177         Budget Commission to authorize an amendment of the
  178         adopted work program in certain circumstances;
  179         amending s. 339.2821, F.S.; requiring the department
  180         to ensure that it is supportive of small businesses,
  181         rather than ensuring that small and minority
  182         businesses have equal access to participation in
  183         certain transportation projects; repealing s. 339.287,
  184         F.S., relating to electric vehicle charging stations
  185         and infrastructure plan development; amending s.
  186         339.55, F.S.; deleting language providing that certain
  187         emergency loans from the state-funded infrastructure
  188         bank are subject to approval by the Legislative Budget
  189         Commission; amending s. 339.651, F.S.; authorizing,
  190         rather than requiring, the department to make a
  191         certain amount available from the existing work
  192         program to fund certain projects annually; deleting
  193         the scheduled repeal of provisions relating to
  194         Strategic Intermodal System supply chain demands;
  195         amending s. 341.051, F.S.; providing for the
  196         reallocation of certain funds; deleting the scheduled
  197         repeal of provisions providing for the reallocation of
  198         certain funds; amending s. 348.754, F.S.; revising the
  199         types of businesses the Central Florida Expressway
  200         Authority is required to encourage the inclusion of in
  201         certain opportunities; amending s. 349.03, F.S.;
  202         revising membership requirements for the governing
  203         body of the Jacksonville Transportation Authority;
  204         requiring the authority to follow a certain business
  205         development program; requiring the authority to
  206         establish certain protocols and systems and post
  207         certain information on a specified website; amending
  208         ss. 110.205, 322.27, 365.172, 379.2293, 493.6101, and
  209         493.6403, F.S.; conforming cross-references and
  210         provisions to changes made by the act; providing an
  211         effective date.
  212          
  213  Be It Enacted by the Legislature of the State of Florida:
  214  
  215         Section 1. Present subsections (3) through (6) of section
  216  20.23, Florida Statutes, are redesignated as subsections (4)
  217  through (7), respectively, a new subsection (3) is added to that
  218  section, and paragraph (d) of subsection (1), paragraphs (a),
  219  (b), and (g) of subsection (2), and paragraph (b) of present
  220  subsection (3) of that section are amended, to read:
  221         20.23 Department of Transportation.—There is created a
  222  Department of Transportation which shall be a decentralized
  223  agency.
  224         (1)
  225         (d) The secretary may appoint up to three assistant
  226  secretaries, who shall serve as the Chief Operations Officer,
  227  Chief Finance and Administration Officer, and Chief Strategic
  228  Development Officer, respectively; be directly responsible to
  229  the secretary; and who shall perform such duties as are assigned
  230  by the secretary. The secretary may also appoint an Executive
  231  Director of Transportation Technology. Such assistant secretary
  232  and executive director positions are exempt from career service
  233  pursuant to s. 110.205(2)(j) and are included in the Senior
  234  Management Service. The secretary shall designate to an
  235  assistant secretary the duties related to enhancing economic
  236  prosperity, including, but not limited to, the responsibility of
  237  liaison with the head of economic development in the Executive
  238  Office of the Governor. Such assistant secretary shall be
  239  directly responsible for providing the Executive Office of the
  240  Governor with investment opportunities and transportation
  241  projects that expand the state’s role as a global hub for trade
  242  and investment and enhance the supply chain system in the state
  243  to process, assemble, and ship goods to markets throughout the
  244  eastern United States, Canada, the Caribbean, and Latin America.
  245  The secretary may delegate to any assistant secretary the
  246  authority to act in the absence of the secretary.
  247         (2)(a)1. The Florida Transportation Commission is hereby
  248  created and shall be composed consist of nine members appointed
  249  by the Governor subject to confirmation by the Senate. Members
  250  of the commission shall serve terms of 4 years each.
  251         2. Members shall be appointed in such a manner as to
  252  equitably represent all geographic areas of the state. Each
  253  member must be a registered voter and a citizen of the state. At
  254  least three members of the commission must be representatives of
  255  or possess expertise in the higher education, transportation, or
  256  workforce development industries Each member of the commission
  257  must also possess business managerial experience in the private
  258  sector.
  259         3. A member of the commission shall represent the
  260  transportation needs of the state as a whole and may not
  261  subordinate the needs of the state to those of any particular
  262  area of the state.
  263         4. The commission is assigned to the Office of the
  264  Secretary of the Department of Transportation for administrative
  265  and fiscal accountability purposes, but it shall otherwise
  266  function independently of the control and direction of the
  267  department.
  268         (b) The commission shall:
  269         1. Recommend major transportation policies for the
  270  Governor’s approval and assure that approved policies and any
  271  revisions are properly executed.
  272         2. Periodically review the status of the state
  273  transportation system, including highway, transit, rail,
  274  seaport, intermodal development, and aviation components of the
  275  system, and recommend improvements to the Governor and the
  276  Legislature.
  277         3. Perform an in-depth evaluation of the annual department
  278  budget request, the Florida Transportation Plan, and the
  279  tentative work program for compliance with all applicable laws
  280  and established departmental policies. Except as specifically
  281  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  282  not consider individual construction projects but shall consider
  283  methods of accomplishing the goals of the department in the most
  284  effective, efficient, and businesslike manner.
  285         4. Monitor the financial status of the department on a
  286  regular basis to assure that the department is managing revenue
  287  and bond proceeds responsibly and in accordance with law and
  288  established policy.
  289         5. Monitor on at least a quarterly basis the efficiency,
  290  productivity, and management of the department using performance
  291  and production standards developed by the commission pursuant to
  292  s. 334.045.
  293         6. Perform an in-depth evaluation of the factors causing
  294  disruption of project schedules in the adopted work program and
  295  recommend to the Governor and the Legislature methods to
  296  eliminate or reduce the disruptive effects of these factors.
  297         7. Recommend to the Governor and the Legislature
  298  improvements to the department’s organization in order to
  299  streamline and optimize the efficiency of the department. In
  300  reviewing the department’s organization, the commission shall
  301  determine if the current district organizational structure is
  302  responsive to this state’s changing economic and demographic
  303  development patterns. The report by the commission must be
  304  delivered to the Governor and the Legislature by December 15
  305  each year, as appropriate. The commission may retain experts as
  306  necessary to carry out this subparagraph, and the department
  307  shall pay the expenses of the experts.
  308         8. Monitor the efficiency, productivity, and management of
  309  the agencies and authorities created under chapters 348 and 349;
  310  the Mid-Bay Bridge Authority re-created pursuant to chapter
  311  2000-411, Laws of Florida; and any authority formed under
  312  chapter 343; and any transit entity that receives funding under
  313  the public transit block grant program pursuant to s. 341.052.
  314  The commission shall also conduct periodic reviews of each
  315  agency’s and authority’s operations and budget, acquisition of
  316  property, management of revenue and bond proceeds, and
  317  compliance with applicable laws and generally accepted
  318  accounting principles.
  319         (g) A member of the commission shall follow the standards
  320  of conduct for public officers provided in s. 112.313 may not
  321  have any interest, direct or indirect, in any contract,
  322  franchise, privilege, or other benefit granted or awarded by the
  323  department during the term of his or her appointment and for 2
  324  years after the termination of such appointment.
  325         (3)The Legislature finds that the transportation industry
  326  is critical to the economic future of this state and that the
  327  competitiveness of the industry in this state depends upon the
  328  development and maintenance of a qualified workforce and
  329  cutting-edge research and innovation. The Legislature further
  330  finds that the transportation industry in this state has varied
  331  and complex workforce needs ranging from technical and
  332  mechanical training to continuing education opportunities for
  333  workers with advanced degrees and certifications. The timely
  334  need also exists for coordinated research and innovation efforts
  335  to promote emerging technologies and innovative construction
  336  methods and tools and to address alternative funding mechanisms.
  337  It is the intent of the Legislature to support programs designed
  338  to address the workforce development needs of the state’s
  339  transportation industry.
  340         (a) The Florida Transportation Research Institute is
  341  created as a consortium of higher education professionals. The
  342  purpose of the institute is to drive cutting-edge research,
  343  innovation, transformational technologies, and breakthrough
  344  solutions and to support workforce development efforts that
  345  contribute to this state’s transportation industry.
  346         (b) The institute shall report to the department and shall
  347  be composed of members from the University of Florida, Indian
  348  River State College, the University of Central Florida, the
  349  University of South Florida, and Florida International
  350  University. The department shall select a member to serve as the
  351  administrative lead of the institute. The department shall
  352  assess the performance of the administrative lead periodically
  353  to ensure accountability and assess the attainment of
  354  performance goals.
  355         (c) The Secretary of Transportation shall appoint a
  356  representative of the department to serve as the executive
  357  director of the institute. The department shall coordinate with
  358  the members of the institute to adopt policies establishing the
  359  institute’s executive committee and mission statement.
  360         (d) The institute may award grants in alignment with its
  361  purpose. Such grants may be directed to member and nonmember
  362  institutions that have a proven expertise relevant to the grant,
  363  including not-for-profit organizations and institutions of
  364  higher education.
  365         (e) The department may allocate funds to the institute from
  366  the State Transportation Trust Fund. The institute may expend
  367  such funds for the institute’s operations and programs to
  368  support research and innovation projects that provide solutions
  369  for this state’s transportation needs.
  370         (f) The institute shall submit an annual report of
  371  performance metrics to the Secretary of Transportation and the
  372  commission. The report must include, but is not limited to,
  373  expenditures of funds allocated to the institute by the
  374  department, ongoing and proposed research efforts, and the
  375  application and success of past research efforts.
  376         (4)(3)
  377         (b) The secretary may appoint positions at the level of
  378  deputy assistant secretary or director which the secretary deems
  379  necessary to accomplish the mission and goals of the department,
  380  including, but not limited to, the areas of program
  381  responsibility provided in this paragraph, each of whom shall be
  382  appointed by and serve at the pleasure of the secretary. The
  383  secretary may combine, separate, or delete offices as needed in
  384  consultation with the Executive Office of the Governor. The
  385  department’s areas of program responsibility include, but are
  386  not limited to, all of the following:
  387         1. Administration.
  388         2. Planning.
  389         3. Supply chain and modal development.
  390         4. Design.
  391         5. Highway operations.
  392         6. Right-of-way.
  393         7. Toll operations.
  394         8. Transportation technology.
  395         9. Information technology systems.
  396         10. Motor carrier weight inspection.
  397         11. Work program and budget.
  398         12. Comptroller.
  399         13. Construction.
  400         14. Statewide corridors.
  401         15. Maintenance.
  402         16. Forecasting and performance.
  403         17. Emergency management.
  404         18. Safety.
  405         19. Materials.
  406         20. Infrastructure and innovation.
  407         21. Permitting.
  408         22. Traffic operations.
  409         23. Operational technology.
  410         Section 2. Paragraph (b) of subsection (3) of section
  411  311.07, Florida Statutes, is amended to read:
  412         311.07 Florida seaport transportation and economic
  413  development funding.—
  414         (3)
  415         (b) Projects eligible for funding by grants under the
  416  program are limited to the following port facilities or port
  417  transportation projects:
  418         1. Transportation facilities within the jurisdiction of the
  419  port.
  420         2. The dredging or deepening of channels, turning basins,
  421  or harbors.
  422         3. The construction or rehabilitation of wharves, docks,
  423  structures, jetties, piers, storage facilities, cruise
  424  terminals, automated people mover systems, or any facilities
  425  necessary or useful in connection with any of the foregoing.
  426         4. The acquisition of vessel tracking systems, container
  427  cranes, or other mechanized equipment used in the movement of
  428  cargo or passengers in international commerce.
  429         5. The acquisition of land to be used for port purposes.
  430         6. The acquisition, improvement, enlargement, or extension
  431  of existing port facilities.
  432         7. Environmental protection projects which are necessary
  433  because of requirements imposed by a state agency as a condition
  434  of a permit or other form of state approval; which are necessary
  435  for environmental mitigation required as a condition of a state,
  436  federal, or local environmental permit; which are necessary for
  437  the acquisition of spoil disposal sites and improvements to
  438  existing and future spoil sites; or which result from the
  439  funding of eligible projects listed in this paragraph.
  440         8. Transportation facilities as defined in s. 334.03(30)
  441  which are not otherwise part of the Department of
  442  Transportation’s adopted work program.
  443         9. Intermodal access projects.
  444         10. Construction or rehabilitation of port facilities as
  445  defined in s. 315.02, excluding any park or recreational
  446  facilities, in ports listed in s. 311.09(1) with operating
  447  revenues of $5 million or less, provided that such projects
  448  create economic development opportunities, capital improvements,
  449  and positive financial returns to such ports.
  450         11. Seaport master plan or strategic plan development or
  451  updates, including the purchase of data to support such plans.
  452         12. Spaceport or space industry-related planning or
  453  construction of facilities on seaport property which are
  454  necessary or useful for advancing the space industry in this
  455  state and provide an economic benefit to this state.
  456         13. Commercial shipbuilding and manufacturing facilities on
  457  seaport property, if such projects provide an economic benefit
  458  to the community in which the seaport is located.
  459         Section 3. Subsections (1), (2), (3), and (11) of section
  460  311.09, Florida Statutes, are amended to read:
  461         311.09 Florida Seaport Transportation and Economic
  462  Development Council.—
  463         (1) The Florida Seaport Transportation and Economic
  464  Development Council is created within the Department of
  465  Transportation. The purpose of the council is to support the
  466  growth of seaports in this state through review, development,
  467  and financing of port transportation and port facilities. The
  468  council is composed consists of the following 18 members: the
  469  port director, or the port director’s designee, of each of the
  470  ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce,
  471  Palm Beach, Port Everglades, Miami, Port Manatee, St.
  472  Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
  473  Pensacola, Key West, and Fernandina; the secretary of the
  474  Department of Transportation or his or her designee; and the
  475  secretary of the Department of Commerce or his or her designee.
  476         (2) The council shall adopt bylaws governing the manner in
  477  which the business of the council will be conducted. The bylaws
  478  shall specify the procedure by which the chairperson of the
  479  council is elected. The Department of Transportation shall
  480  provide administrative support to the council on matters
  481  relating to the Florida Seaport Transportation and Economic
  482  Development Program and the council.
  483         (3) The council shall prepare a 5-year Florida Seaport
  484  Mission Plan defining the goals and objectives of the council
  485  concerning the development of port facilities and an intermodal
  486  transportation system consistent with the goals of the Florida
  487  Transportation Plan developed pursuant to s. 339.155. The
  488  Florida Seaport Mission Plan shall include specific
  489  recommendations for the construction of transportation
  490  facilities connecting any port to another transportation mode,
  491  the construction of transportation facilities connecting any
  492  port to the space and aerospace industries, and for the
  493  efficient, cost-effective development of transportation
  494  facilities or port facilities for the purpose of enhancing
  495  trade, promoting cargo flow, increasing cruise passenger
  496  movements, increasing port revenues, and providing economic
  497  benefits to the state. The council shall develop a priority list
  498  of projects based on these recommendations annually and submit
  499  the list to the Department of Transportation. The council shall
  500  update the 5-year Florida Seaport Mission Plan annually and
  501  shall submit the plan no later than February 1 of each year to
  502  the President of the Senate, the Speaker of the House of
  503  Representatives, the Department of Commerce, and the Department
  504  of Transportation. The council shall develop programs, based on
  505  an examination of existing programs in Florida and other states,
  506  for the training of minorities and secondary school students in
  507  job skills associated with employment opportunities in the
  508  maritime industry, and report on progress and recommendations
  509  for further action to the President of the Senate and the
  510  Speaker of the House of Representatives annually. Each port
  511  member of the council shall submit a semiannual report related
  512  to his or her port’s operations and support of the state’s
  513  economic competitiveness and supply chain. Reports must be
  514  submitted to the Department of Transportation and include any
  515  information required by the Department of Transportation in
  516  consultation with the Department of Commerce. Such reports must
  517  include, but are not limited to, all of the following
  518  information:
  519         (a) Bulk break capacity.
  520         (b) Liquid storage and capacity.
  521         (c) Fuel storage and capacity.
  522         (d) Container capacity.
  523         (e)A description of any supply chain disruption.
  524         (11) Members of the council shall serve without
  525  compensation but are entitled to receive reimbursement for per
  526  diem and travel expenses as provided in s. 112.061. The council
  527  may elect to provide an administrative staff to provide services
  528  to the council on matters relating to the Florida Seaport
  529  Transportation and Economic Development Program and the council.
  530  The cost for such administrative services shall be paid by all
  531  ports that receive funding from the Florida Seaport
  532  Transportation and Economic Development Program, based upon a
  533  pro rata formula measured by each recipient’s share of the funds
  534  as compared to the total funds disbursed to all recipients
  535  during the year. The share of costs for administrative services
  536  shall be paid in its total amount by the recipient port upon
  537  execution by the port and the Department of Transportation of a
  538  joint participation agreement for each council-approved project,
  539  and such payment is in addition to the matching funds required
  540  to be paid by the recipient port. Except as otherwise exempted
  541  by law, all moneys derived from the Florida Seaport
  542  Transportation and Economic Development Program shall be
  543  expended in accordance with the provisions of s. 287.057.
  544  Seaports subject to competitive negotiation requirements of a
  545  local governing body shall abide by the provisions of s.
  546  287.055.
  547         Section 4. Subsection (4) is added to section 311.10,
  548  Florida Statutes, to read:
  549         311.10 Strategic Port Investment Initiative.—
  550         (4) As a condition of receiving a project grant under any
  551  program established in this chapter and as a condition of
  552  receiving state funds as described in s. 215.31, a seaport
  553  located in any county identified in s. 331.304(1) and (5) must
  554  include in any agreement with the Department of Transportation
  555  that the seaport may not convert any planned or existing land,
  556  facility, or infrastructure designated for cargo purposes to any
  557  alternative purpose unless express approval is obtained by the
  558  Secretary of Transportation and the Secretary of Commerce. As
  559  used in this subsection, the term cargo purposes includes, but
  560  is not limited to, any facility, activity, property, energy
  561  source, or infrastructure asset that supports spaceport
  562  activities.
  563         Section 5. Section 316.0741, Florida Statutes, is repealed.
  564         Section 6. Subsection (7) of section 316.0745, Florida
  565  Statutes, is amended to read:
  566         316.0745 Uniform signals and devices.—
  567         (7) The Department of Transportation may, upon receipt and
  568  investigation of reported noncompliance and after hearing
  569  pursuant to 14 days’ notice, direct the removal of any purported
  570  traffic control device that fails to meet the requirements of
  571  this section, wherever the device is located and without regard
  572  to assigned responsibility under s. 316.1895. The public agency
  573  erecting or installing the same shall immediately bring it into
  574  compliance with the requirements of this section or remove said
  575  device or signal upon the direction of the Department of
  576  Transportation and may not, for a period of 5 years, install any
  577  replacement or new traffic control devices paid for in part or
  578  in full with revenues raised by the state unless written prior
  579  approval is received from the Department of Transportation. Any
  580  additional violation by a public body or official shall be cause
  581  for the withholding of state funds deposited in the State
  582  Transportation Trust Fund for traffic control purposes until
  583  such public body or official demonstrates to the Department of
  584  Transportation that it is complying with this section.
  585         Section 7. Section 330.27, Florida Statutes, is amended to
  586  read:
  587         330.27 Definitions, when used in ss. 330.29-330.39.—
  588         (1) “Air ambulance operation” means a flight with a patient
  589  or medical personnel on board for the purpose of medical
  590  transportation.
  591         (2) “Aircraft” means a powered or unpowered machine or
  592  device capable of atmospheric flight, including, but not limited
  593  to, an airplane, an autogyro, a glider, a gyrodyne, a
  594  helicopter, a lift and cruise, a multicopter, paramotors, a
  595  powered lift, a seaplane, a tiltrotor, an ultralight, and a
  596  vectored thrust. The term does not include except a parachute or
  597  other such device used primarily as safety equipment.
  598         (3)(2) “Airport” means a specific an area of land or water
  599  or a structure used for, or intended to be used for, aircraft
  600  operations, which may include landing and takeoff of aircraft,
  601  including appurtenant areas, buildings, facilities, or rights
  602  of-way necessary to facilitate such use or intended use. The
  603  term includes, but is not limited to, airparks, airports,
  604  gliderports, heliports, helistops, seaplane bases, ultralight
  605  flightparks, vertiports, and vertistops.
  606         (4) “Commercial air tour operation” means a flight
  607  conducted for compensation or hire in an aircraft where a
  608  purpose of the flight is sightseeing.
  609         (5) “Commuter operation” means any scheduled operation
  610  conducted by a person operating an aircraft with a frequency of
  611  operations of at least five round trips per week on at least one
  612  route between two or more points according to the published
  613  flight schedule.
  614         (6)(3) “Department” means the Department of Transportation.
  615         (7)(4) “Limited airport” means any airport limited
  616  exclusively to the specific conditions stated on the site
  617  approval order or license.
  618         (8) “On-demand operation” means any scheduled passenger
  619  carrying operation for compensation or hire conducted by a
  620  person operating an aircraft with a frequency of operations of
  621  fewer than five round trips per week on at least one route
  622  between two or more points according to the published flight
  623  schedule.
  624         (9)(5) “Private airport” means an airport, publicly or
  625  privately owned, which is not open or available for use by the
  626  public, but may be made available to others by invitation of the
  627  owner or manager.
  628         (10) “Private airport of public interest” means a private
  629  airport engaged in air ambulance operations, commercial air tour
  630  operations, commuter operations, on-demand operations, public
  631  charter operations, scheduled operations, or supplemental
  632  operations.
  633         (11)(6) “Public airport” means an airport, publicly or
  634  privately owned, which is open for use by the public.
  635         (12) “Public charter operation” means a one-way or round
  636  trip charter flight performed by one or more direct air carriers
  637  which is arranged and sponsored by a charter operator.
  638         (13) “Scheduled operation” means any common carriage
  639  passenger-carrying operation for compensation or hire conducted
  640  by an air carrier or commercial operator for which the
  641  certificateholder or its representative offers in advance the
  642  departure location, departure time, and arrival location.
  643         (14) “Supplemental operation” means any common carriage
  644  operation for compensation or hire conducted with an aircraft
  645  for which the departure time, departure location, and arrival
  646  location are specifically negotiated with the customer or
  647  customer’s representative.
  648         (15)(7) “Temporary airport” means an airport at which
  649  flight operations are conducted under visual flight rules
  650  established by the Federal Aviation Administration and which is
  651  used for less than 30 consecutive days with no more than 10
  652  operations per day.
  653         (8) “Ultralight aircraft” means any aircraft meeting the
  654  criteria established by part 103 of the Federal Aviation
  655  Regulations.
  656         Section 8. Subsections (2) and (4) of section 330.30,
  657  Florida Statutes, are amended to read:
  658         330.30 Approval of airport sites; registration,
  659  certification, and licensure of airports.—
  660         (2) LICENSES, CERTIFICATIONS, AND REGISTRATIONS;
  661  REQUIREMENTS, RENEWAL, REVOCATION.—
  662         (a) Except as provided in subsection (3), the owner or
  663  lessee of an airport in this state shall have a public airport
  664  license, private airport registration, or temporary airport
  665  registration before the operation of aircraft to or from the
  666  airport. Application for a license or registration shall be made
  667  in a form and manner prescribed by the department.
  668         1. For a public airport, upon granting site approval, the
  669  department shall issue a license after a final airport
  670  inspection finds the airport to be in compliance with all
  671  requirements for the license. The license may be subject to any
  672  reasonable conditions the department deems necessary to protect
  673  the public health, safety, or welfare.
  674         2. For a private airport, upon granting site approval, the
  675  department shall provide controlled electronic access to the
  676  state aviation facility data system to permit the applicant to
  677  complete the registration process. Registration shall be
  678  completed upon self-certification by the registrant of
  679  operational and configuration data deemed necessary by the
  680  department.
  681         3. For a temporary airport, the department must publish
  682  notice of receipt of a completed registration application in the
  683  next available publication of the Florida Administrative
  684  Register and may not approve a registration application less
  685  than 14 days after the date of publication of the notice. The
  686  department must approve or deny a registration application
  687  within 30 days after receipt of a completed application and must
  688  issue the temporary airport registration concurrent with the
  689  airport site approval. A completed registration application that
  690  is not approved or denied within 30 days after the department
  691  receives the completed application is considered approved and
  692  shall be issued, subject to such reasonable conditions as are
  693  authorized by law. An applicant seeking to claim registration by
  694  default under this subparagraph must notify the agency clerk of
  695  the department, in writing, of the intent to rely upon the
  696  default registration provision of this subparagraph and may not
  697  take any action based upon the default registration until after
  698  receipt of such notice by the agency clerk.
  699         4. A private airport of public interest must obtain a
  700  certificate from the department before allowing aircraft
  701  operations. The department shall issue a certificate after a
  702  final inspection finds the airport to be in compliance with all
  703  certificate requirements. The certificate is subject to any
  704  reasonable conditions the department deems necessary to protect
  705  the public. A private airport that was engaged in operations
  706  associated with a private airport of public interest on or
  707  before July 1, 2025, must obtain a certificate from the
  708  department by July 1, 2030.
  709         (b) The department may license a public airport that does
  710  not meet standards only if it determines that such exception is
  711  justified by unusual circumstances or is in the interest of
  712  public convenience and does not endanger the public health,
  713  safety, or welfare. Such a license shall bear the designation
  714  “special” and shall state the conditions subject to which the
  715  license is granted.
  716         (c) A temporary airport license or registration shall be
  717  valid for less than 30 days and is not renewable. The department
  718  may not approve a subsequent temporary airport registration
  719  application for the same general location if the purpose or
  720  effect is to evade otherwise applicable airport permitting or
  721  licensure requirements.
  722         (d)1. Each public airport license shall expire no later
  723  than 1 year after the effective date of the license, except that
  724  the expiration date of a license may be adjusted to provide a
  725  maximum license period of 18 months to facilitate airport
  726  inspections, recognize seasonal airport operations, or improve
  727  administrative efficiency.
  728         2. Registration for private airports shall remain valid
  729  provided specific elements of airport data, established by the
  730  department, are periodically recertified by the airport
  731  registrant. The ability to recertify private airport
  732  registration data shall be available at all times by electronic
  733  submittal. A private airport registration that has not been
  734  recertified in the 24-month period following the last
  735  certification shall expire, unless the registration period has
  736  been adjusted by the department for purposes of informing
  737  private airport owners of their registration responsibilities or
  738  promoting administrative efficiency. The expiration date of the
  739  current registration period will be clearly identifiable from
  740  the state aviation facility data system.
  741         3. The effective date and expiration date shall be shown on
  742  public airport licenses. Upon receiving an application for
  743  renewal of an airport license in a form and manner prescribed by
  744  the department and receiving a favorable inspection report
  745  indicating compliance with all applicable requirements and
  746  conditions, the department shall renew the license, subject to
  747  any conditions deemed necessary to protect the public health,
  748  safety, or welfare.
  749         4. The department may require a new site approval for any
  750  airport if the license or registration has expired.
  751         5. If the renewal application for a public airport license
  752  has not been received by the department or no private airport
  753  registration recertification has been accomplished within 15
  754  days after the date of expiration, the department may revoke the
  755  airport license or registration.
  756         6. After initial registration, the department may issue a
  757  certificate to a private airport of public interest if the
  758  airport is found, after a physical inspection, to be in
  759  compliance with all certificate requirements. The certificate is
  760  subject to any reasonable condition that the department deems
  761  necessary to protect the public health, safety, or welfare. A
  762  private airport of public interest certificate expires 5 years
  763  after the effective date of the certificate.
  764         (e) The department may revoke, or refuse to allow or issue,
  765  any airport registration or recertification, or any license or
  766  license renewal, if it determines:
  767         1. That the site has been abandoned as an airport;
  768         2. That the airport does not comply with the conditions of
  769  the license, license renewal, or site approval;
  770         3. That the airport has become either unsafe or unusable
  771  for flight operation due to physical or legal changes in
  772  conditions that were the subject of approval; or
  773         4. That an airport required to file or update a security
  774  plan pursuant to paragraph (f) has failed to do so.
  775         (f)1. After initial licensure, a license of a publicly or
  776  privately owned general aviation airport that is open to the
  777  public, that has at least one runway greater than 4,999 feet in
  778  length, and that does not host scheduled passenger-carrying
  779  commercial service operations regulated under 14 C.F.R. part 139
  780  shall not be renewed or reissued unless an approved security
  781  plan has been filed with the department, except when the
  782  department determines that the airport is working in good faith
  783  toward completion and filing of the plan.
  784         2. Security plans required by this paragraph must be
  785  developed in accordance with the 2004 Security Planning for
  786  General Aviation Airports guidelines published by the Florida
  787  Airports Council. Certain administrative data from the approved
  788  security plan shall be submitted to the Department of Law
  789  Enforcement, in a format prescribed by the Department of Law
  790  Enforcement, for use in protecting critical infrastructure of
  791  the state.
  792         3. The department shall not approve a security plan for
  793  filing unless it is consistent with Florida Airports Council
  794  guidelines.
  795         4. An airport required to file a security plan pursuant to
  796  this paragraph shall update its plan at least once every 2 years
  797  after the initial filing date and file the updated plan with the
  798  department. The department shall review the updated plan prior
  799  to approving it for filing to determine whether it is consistent
  800  with Florida Airports Council guidelines. No renewal license
  801  shall be issued to the airport unless the department approves
  802  the updated security plan or determines that the airport is
  803  working in good faith to update it.
  804         (4) EXCEPTIONS.—Private airports with 10 or more based
  805  aircraft may request to be inspected and licensed by the
  806  department. Private airports licensed according to this
  807  subsection shall be considered private airports as defined in s.
  808  330.27 s. 330.27(5) in all other respects.
  809         Section 9. Section 331.371, Florida Statutes, is amended to
  810  read:
  811         331.371 Strategic space infrastructure investment.—
  812         (1) In consultation with Space Florida, the Department of
  813  Transportation may fund spaceport discretionary capacity
  814  improvement projects, as defined in s. 331.303, at up to 100
  815  percent of the project’s cost if:
  816         (a)(1) Important access and on-spaceport-territory space
  817  transportation capacity improvements are provided;
  818         (b)(2) Capital improvements that strategically position the
  819  state to maximize opportunities in international trade are
  820  achieved;
  821         (c)(3) Goals of an integrated intermodal transportation
  822  system for the state are achieved; and
  823         (d)(4) Feasibility and availability of matching funds
  824  through federal, local, or private partners are demonstrated.
  825         (2)(a) In consultation with the Department of Commerce and
  826  the Department of Environmental Protection, the Department of
  827  Transportation may fund infrastructure projects, and projects
  828  associated with critical infrastructure facilities as defined in
  829  s. 692.201, within or outside of a spaceport territory as long
  830  as the project supports aerospace or launch support facilities
  831  within an adjacent spaceport territory boundary.
  832         (b) The Department of Transportation, the Department of
  833  Commerce, and the Department of Environmental Protection shall
  834  coordinate in funding projects under this subsection to optimize
  835  the use of available funds.
  836         Section 10. Section 332.003, Florida Statutes, is amended
  837  to read:
  838         332.003 Florida Airport Development and Accountability
  839  Assistance Act; short title.—Sections 332.003-332.007 may be
  840  cited as the “Florida Airport Development and Accountability
  841  Assistance Act.”
  842         Section 11. Section 332.005, Florida Statutes, is amended
  843  to read:
  844         332.005 Restrictions on authority of Department of
  845  Transportation.—
  846         (1) This act specifically prohibits the Department of
  847  Transportation from regulating commercial air carriers operating
  848  within the state pursuant to federal authority and regulations;
  849  from participating in or exercising control in the management
  850  and operation of a sponsor’s airport, except when officially
  851  requested by the sponsor; or from expanding the design or
  852  operational capability of the department in the area of airport
  853  and aviation consultants’ contract work, other than to provide
  854  technical assistance as requested.
  855         (2)(a) Notwithstanding subsection (1), upon the declaration
  856  of a state of emergency issued by the Governor in preparation
  857  for or in response to a natural disaster, airports shall, at no
  858  cost to the state, provide the Department of Transportation with
  859  the opportunity to use any property that is not within the air
  860  navigation facility as defined in s. 332.01(4) for the staging
  861  of equipment and personnel to support emergency preparedness and
  862  response operations.
  863         (b) After 60 days of use under paragraph (a), any further
  864  use of airport property by the Department of Transportation must
  865  be conducted pursuant to a written agreement between the airport
  866  and the department.
  867         Section 12. Section 332.006, Florida Statutes, to read:
  868         332.006 Duties and responsibilities of the Department of
  869  Transportation.—The Department of Transportation shall, within
  870  the resources provided to the department pursuant to chapter
  871  216:
  872         (1) Provide coordination and assistance for the development
  873  of a viable aviation system in this state. To support the
  874  system, a statewide aviation system plan shall be developed and
  875  periodically updated which summarizes 5-year, 10-year, and 20
  876  year airport and aviation needs within the state. The statewide
  877  aviation system plan shall be consistent with the goals of the
  878  Florida Transportation Plan developed pursuant to s. 339.155.
  879  The statewide aviation system plan shall not preempt local
  880  airport master plans adopted in compliance with federal and
  881  state requirements.
  882         (2) Advise and assist the Governor in all aviation matters.
  883         (3) Upon request, assist airport sponsors, both financially
  884  and technically, in airport master planning.
  885         (4) Upon request, provide financial and technical
  886  assistance to public agencies which operate public-use airports
  887  by making department personnel and department-owned facilities
  888  and equipment available on a cost-reimbursement basis to such
  889  agencies for special needs of limited duration. The requirement
  890  relating to reimbursement of personnel costs may be waived by
  891  the department in those cases in which the assistance provided
  892  by its personnel was of a limited nature or duration.
  893         (5) Participate in research and development programs
  894  relating to airports.
  895         (6) Administer department participation in the program of
  896  aviation and airport grants as provided for in ss. 332.003
  897  332.007.
  898         (7) Develop, promote, and distribute supporting information
  899  and educational services, including, but not limited to,
  900  educational services with a focus on retention and growth of the
  901  aviation industry workforce.
  902         (8) Encourage the maximum allocation of federal funds to
  903  local airport projects in this state.
  904         (9) Support the development of land located within the
  905  boundaries of airports for the purpose of industrial or other
  906  uses compatible with airport operations with the objective of
  907  assisting airports in this state to become fiscally self
  908  supporting. Such assistance may include providing state moneys
  909  on a matching basis to airport sponsors for capital
  910  improvements, including, but not limited to, fixed-base
  911  operation facilities, parking areas, industrial park utility
  912  systems, and road and rail transportation systems which are on
  913  airport property.
  914         (10) When deemed appropriate by the department, conduct
  915  inspections of commercial airport facilities that have received
  916  state funding, including, but not limited to, the inspection of
  917  terminal facilities, baggage systems, and fixed guideway
  918  transportation systems in accordance with s. 341.061. The
  919  department may enter into agreements with other state regulatory
  920  agencies, including, but not limited to, the Department of
  921  Business and Professional Regulation and the Department of
  922  Health, for the purpose of conducting such inspections.
  923         Section 13. Subsection (5), paragraph (a) of subsection
  924  (7), and subsections (8) and (9) of section 332.007, Florida
  925  Statutes, are amended, and paragraph (c) is added to subsection
  926  (2) of that section, to read:
  927         332.007 Administration and financing of aviation and
  928  airport programs and projects; state plan.—
  929         (2)
  930         (c) The department shall require each airport sponsor to
  931  submit an annual comprehensive maintenance program report that
  932  provides details relating to maintenance and inspections of
  933  airport infrastructure. The report must include a schedule of
  934  inspections, locations at which inspections and maintenance are
  935  performed, a list of required maintenance needs, any remedial
  936  action required or taken after an inspection, and details of
  937  follow-up inspections. For purposes of this paragraph, the term
  938  “maintenance means any preventive or routine work necessary to
  939  maintain airport infrastructure in good condition, which is
  940  essential for the safe operation of airport infrastructure. If
  941  the comprehensive maintenance program report includes evidence
  942  of failure to perform routine maintenance, the department may
  943  withhold state funds intended for use for capital expansion
  944  projects until the airport sponsor takes corrective action to
  945  address the failure. Records of materials and equipment used for
  946  maintenance and repair work must be maintained by the airport
  947  sponsor as required by the department.
  948         (5) Only those projects or programs provided for in this
  949  act that will contribute to the implementation of the state
  950  aviation system plan, that are consistent with the energy policy
  951  of the state as defined in s. 339.08(6)(a), that are consistent
  952  with and will contribute to the implementation of any airport
  953  master plan or layout plan, and that are consistent, to the
  954  maximum extent feasible, with the approved local government
  955  comprehensive plans of the units of government in which the
  956  airport is located are eligible for the expenditure of state
  957  funds in accordance with fund participation rates and priorities
  958  established herein.
  959         (7) Subject to the availability of appropriated funds in
  960  addition to aviation fuel tax revenues, the department may
  961  participate in the capital cost of eligible public airport and
  962  aviation discretionary capacity improvement projects. The annual
  963  legislative budget request shall be based on the funding
  964  required for discretionary capacity improvement projects in the
  965  aviation and airport work program.
  966         (a) The department shall provide priority funding in
  967  support of:
  968         1. Terminal and parking expansion projects that increase
  969  capacity at airports providing commercial service in counties
  970  with a population of 500,000 or less.
  971         2. Land acquisition which provides additional capacity at
  972  the qualifying international airport or at that airport’s
  973  supplemental air carrier airport.
  974         3.2. Runway and taxiway projects that add capacity or are
  975  necessary to accommodate technological changes in the aviation
  976  industry.
  977         4.3. Airport access transportation projects that improve
  978  direct airport access and are approved by the airport sponsor.
  979         5.4. International terminal projects that increase
  980  international gate capacity.
  981         6. Projects that improve safety and efficiency of airport
  982  operations.
  983         7. Emerging technology projects, workforce development
  984  projects, and projects that benefit the strategic intermodal
  985  system through intermodal connectivity.
  986         (8) The department may also fund eligible projects
  987  performed by not-for-profit organizations and postsecondary
  988  education institutions as defined in s. 1008.47 which support
  989  the training of pilots, air traffic control personnel, or
  990  aircraft maintenance technical personnel that represent a
  991  majority of public airports in this state. Eligible projects may
  992  include activities associated with aviation master planning,
  993  professional education, safety and security planning, enhancing
  994  economic development and efficiency at airports in this state,
  995  or other planning efforts to improve the viability and safety of
  996  airports in this state. Programs that support the transition of
  997  honorably discharged military personnel to the aviation industry
  998  are also eligible projects under this subsection. The department
  999  may provide matching funds for eligible projects funded by the
 1000  Department of Commerce.
 1001         (9) The department may fund strategic airport investment
 1002  projects at up to 100 percent of the project’s cost if:
 1003         (a) Important access and on-airport capacity improvements
 1004  are provided;
 1005         (b) Capital improvements that strategically position the
 1006  state to maximize opportunities in tourism, international trade,
 1007  logistics, and the aviation industry are provided;
 1008         (c) Goals of an integrated intermodal transportation system
 1009  for the state are achieved; and
 1010         (d) Feasibility and availability of matching funds through
 1011  federal, local, or private partners are demonstrated.
 1012         Section 14. Paragraphs (a), (b), and (d) of subsection (1),
 1013  subsection (2), and paragraph (a) of subsection (5) of section
 1014  332.0075, Florida Statutes, are amended, and paragraph (c) is
 1015  added to subsection (5) of that section, to read:
 1016         332.0075 Commercial service airports; transparency and
 1017  accountability; penalty.—
 1018         (1) As used in this section, the term:
 1019         (a) “Commercial service airport” means an airport providing
 1020  commercial service, including large, medium, small, and nonhub
 1021  airports as classified a primary airport as defined in 49 U.S.C.
 1022  s. 47102 which is classified as a large, medium, or small hub
 1023  airport by the Federal Aviation Administration.
 1024         (b) “Consent agenda” means an agenda which consists of
 1025  items voted on collectively or as a group and which does not
 1026  provide the opportunity for public comment on each such item
 1027  before approval or disapproval by the governing body.
 1028         (d) “Governing body” means the governing body of the
 1029  county, municipality, or special district that operates a
 1030  commercial service airport. The term also includes an appointed
 1031  board or oversight entity serving as the governing body for
 1032  purposes of a commercial service airport on behalf of a county,
 1033  municipality, or special district.
 1034         (2) Each governing body shall establish and maintain a
 1035  website to post information relating to the operation of a
 1036  commercial service airport. The information must remain posted
 1037  on the website for 5 years or for the entirety of the period
 1038  during which the document is actively in use, whichever is
 1039  longer, and must include all of the following, including:
 1040         (a) All published notices of meetings and published meeting
 1041  agendas of the governing body.
 1042         (b) The official minutes of each meeting of the governing
 1043  body, which must shall be posted within 7 business days after
 1044  the date of the meeting in which the minutes were approved.
 1045         (c) The approved budget for the commercial service airport
 1046  for the current fiscal year, which shall be posted within 7
 1047  business days after the date of adoption. Budgets must remain on
 1048  the website for 5 2 years after the conclusion of the fiscal
 1049  year for which they were adopted.
 1050         (d) Copies of the current airport master plan and the
 1051  immediately preceding airport master plan for the commercial
 1052  service airport and a link to the current airport master plan
 1053  for the commercial service airport on the commercial service
 1054  airport’s website.
 1055         (e) A link to all financial and statistical reports for the
 1056  commercial service airport on the Federal Aviation
 1057  Administration’s website.
 1058         (f) Any contract or contract amendment for the purchase of
 1059  commodities or contractual services executed by or on behalf of
 1060  the commercial service airport in excess of the threshold amount
 1061  provided in s. 287.017 for CATEGORY FIVE, which must shall be
 1062  posted no later than 7 business days after the commercial
 1063  service airport executes the contract or contract amendment.
 1064  However, a contract or contract amendment may not reveal
 1065  information made confidential or exempt by law. Each commercial
 1066  service airport must redact confidential or exempt information
 1067  from each contract or contract amendment before posting a copy
 1068  on its website.
 1069         (g) Position and rate information for each employee of the
 1070  commercial service airport, including, at a minimum, the
 1071  employee’s position title, position description, and annual or
 1072  hourly salary. This information must shall be updated quarterly
 1073  annually.
 1074         (5)(a) Each November 1, the governing body of each
 1075  commercial service airport shall submit the following
 1076  information to the department:
 1077         1. Its approved budget for the current fiscal year.
 1078         2. Any financial reports submitted to the Federal Aviation
 1079  Administration during the previous calendar year.
 1080         3. A link to its website.
 1081         4. A statement, verified as provided in s. 92.525, that it
 1082  has complied with part III of chapter 112, chapter 287, and this
 1083  section.
 1084         5. The most recent copies of its strategic plans.
 1085         6. Contracts related to any financial awards received
 1086  through federally funded grant programs for the preceding year.
 1087         (c)A commercial service airport shall:
 1088         1. Notify the department within 48 hours after receiving a
 1089  communication or directive from a federal agency relating to
 1090  public health testing or the transfer of unauthorized aliens
 1091  into this state.
 1092         2. Notify the department as soon as is reasonably possible,
 1093  but no later than 48 hours, after the discovery of a potential
 1094  cybersecurity breach or other occurrence impacting the traveling
 1095  public, a disruption in state aviation operations directly
 1096  impacting multiple airports within this state, or an incident
 1097  occurring on airport property which requires coordination with
 1098  multiple local, state, or federal agencies.
 1099         Section 15. Section 332.15, Florida Statutes, is created to
 1100  read:
 1101         332.15 Advanced air mobility.—The Department of
 1102  Transportation shall:
 1103         (1) Address the need for vertiports, advanced air mobility,
 1104  and other advances in aviation technology in the statewide
 1105  aviation system plan required under s. 332.006(1) and, as
 1106  appropriate, in the department’s work program.
 1107         (2) Designate a subject matter expert on advanced air
 1108  mobility within the department to serve as a resource for local
 1109  jurisdictions navigating advances in aviation technology.
 1110         (3) Conduct a review of airport hazard zone regulations.
 1111         (4) In coordination with the Department of Commerce,
 1112  provide coordination and assistance for the development of a
 1113  viable advanced air mobility system plan in this state. The
 1114  department shall incorporate the plan into the statewide
 1115  aviation system plan required under s. 332.006(1) to identify
 1116  and develop statewide corridors of need and opportunities for
 1117  industry growth.
 1118         Section 16. Subsection (5) of section 334.044, Florida
 1119  Statutes, is amended, and subsections (37), (38), and (39) are
 1120  added to that section, to read:
 1121         334.044 Powers and duties of the department.—The department
 1122  shall have the following general powers and duties:
 1123         (5) To purchase, lease, or otherwise acquire property and
 1124  materials, including the purchase of promotional items as part
 1125  of public information and education campaigns for the promotion
 1126  of environmental management, scenic highways, traffic and train
 1127  safety awareness, alternatives to single-occupant vehicle
 1128  travel, commercial motor vehicle safety, workforce development,
 1129  electric vehicle use and charging stations, autonomous vehicles,
 1130  and context classification design for electric vehicles and
 1131  autonomous vehicles; to purchase, lease, or otherwise acquire
 1132  equipment and supplies; and to sell, exchange, or otherwise
 1133  dispose of any property that is no longer needed by the
 1134  department.
 1135         (37) Notwithstanding s. 287.022 or s. 287.025, to directly
 1136  enter into insurance contracts with local, national, or
 1137  international insurance companies for the purchase of insurance
 1138  coverage that the department is contractually and legally
 1139  required to provide.
 1140         (38)Notwithstanding s. 287.14, to purchase or acquire
 1141  heavy equipment and motor vehicles for roadway operations and
 1142  emergency response purposes regardless of whether the department
 1143  exchanges or ceases to operate any department-owned heavy
 1144  equipment or motor vehicles.
 1145         (39) To adopt rules for the purpose of compliance with 49
 1146  C.F.R. part 26 and any other applicable federal law.
 1147         Section 17. Subsection (1) of section 334.045, Florida
 1148  Statutes, is amended to read:
 1149         334.045 Transportation performance and productivity
 1150  standards; development; measurement; application.—
 1151         (1) The Florida Transportation Commission shall develop and
 1152  adopt measures for evaluating the performance and productivity
 1153  of the department. The measures may be both quantitative and
 1154  qualitative and must, to the maximum extent practical, assess
 1155  those factors that are within the department’s control. The
 1156  measures must, at a minimum, assess performance in the following
 1157  areas:
 1158         (a) Production;
 1159         (b) Finance and administration;
 1160         (c) Preservation of the current state system;
 1161         (d) Safety of the current state system;
 1162         (e) Capacity improvements: highways and all public
 1163  transportation modes; and
 1164         (f) The business development program established under s.
 1165  337.027 Disadvantaged business enterprise and minority business
 1166  programs.
 1167         Section 18. Section 334.62, Florida Statutes, is created to
 1168  read:
 1169         334.62 Florida Transportation Academy.—The Legislature
 1170  finds that the growth and sustainability of the transportation
 1171  industry workforce is vital to the continued success and
 1172  efficiency of the state’s supply chain and economic
 1173  competitiveness. In order to prioritize the continued need for
 1174  transportation industry workforce development programs, the
 1175  Florida Transportation Academy is established within the
 1176  department. In order to support, promote, and sustain workforce
 1177  development efforts in the transportation sector, the department
 1178  may do all of the following:
 1179         (1) Coordinate with the Department of Corrections to
 1180  identify and create certification and training opportunities for
 1181  nonviolent, scheduled-release inmates and create a notification
 1182  process between the Department of Corrections and the department
 1183  for nonviolent inmates with imminent scheduled-release dates who
 1184  are expected to seek employment upon release.
 1185         (2) Coordinate with the Department of Juvenile Justice and
 1186  its educational partners to create certification and training
 1187  opportunities for eligible youth.
 1188         (3) Coordinate with veterans organizations to encourage
 1189  veterans with honorable military discharge to pursue employment
 1190  opportunities within the transportation industry, including, but
 1191  not limited to, employment as pilots, mechanics, and air traffic
 1192  controllers.
 1193         (4) Coordinate with the Department of Commerce,
 1194  CareerSource Florida, Inc., and regional business organizations,
 1195  within and outside of the transportation industry, to further
 1196  understand recruitment and retention needs and job-seeker
 1197  pipelines.
 1198         (5) Coordinate with the American Council of Engineering
 1199  Companies and the Florida Transportation Builders Association to
 1200  optimize workforce recruitment and retention and assess future
 1201  needs across the transportation industry in this state.
 1202         Section 19. Present paragraph (b) of subsection (3) of
 1203  section 335.182, Florida Statutes, is redesignated as paragraph
 1204  (c) and amended, and a new paragraph (b) is added to that
 1205  subsection, to read:
 1206         335.182 Regulation of connections to roads on State Highway
 1207  System; definitions.—
 1208         (3) As used in this act, the term:
 1209         (b)Modification of an existing connection” means the
 1210  relocation, alteration, or closure of the connection.
 1211         (c)(b) “Significant change” means:
 1212         1. A change in the use of the property, including the
 1213  development of land, structures, or facilities;, or
 1214         2. An expansion of the size of the property, structures, or
 1215  facilities causing an increase in the trip generation of the
 1216  property exceeding 25 percent more trip generation, (either peak
 1217  hour or daily,) and exceeding 100 vehicles per day more than the
 1218  existing use.
 1219         Section 20. Subsections (3) and (4) of section 335.187,
 1220  Florida Statutes, are amended to read:
 1221         335.187 Unpermitted connections; existing access permits;
 1222  nonconforming permits; modification and revocation of permits.—
 1223         (3) The department may issue a nonconforming access permit
 1224  if denying after finding that to deny an access permit would
 1225  leave the property without a reasonable means of access to the
 1226  State Highway System. The department may specify limits on the
 1227  maximum vehicular use of the connection and may condition be
 1228  conditioned on the availability of future alternative means of
 1229  access for which access permits can be obtained.
 1230         (4) After written notice and the opportunity for a hearing,
 1231  as provided for in s. 120.60, the department may modify or
 1232  revoke an access permit issued after July 1, 1988, by requiring
 1233  modification Relocation, alteration, or closure of an existing
 1234  connection if:
 1235         (a) A significant change occurs in the use, design, or
 1236  traffic flow of the connection; or
 1237         (b) It would jeopardize the safety of the public or have a
 1238  negative impact upon the operational characteristics of the
 1239  highway.
 1240         Section 21. Subsection (2) of section 337.027, Florida
 1241  Statutes, is amended to read:
 1242         337.027 Authority to implement a business development
 1243  program.—
 1244         (2) For purposes of this section, the term “small business”
 1245  means a business with yearly average gross receipts of less than
 1246  $25 $15 million for road and bridge contracts and less than $10
 1247  $6.5 million for professional and nonprofessional services
 1248  contracts. A business’ average gross receipts is determined by
 1249  averaging its annual gross receipts over the last 3 years,
 1250  including the receipts of any affiliate as defined in s.
 1251  337.165.
 1252         Section 22. Subsection (6) of section 337.11, Florida
 1253  Statutes, is amended to read:
 1254         337.11 Contracting authority of department; bids; emergency
 1255  repairs, supplemental agreements, and change orders; combined
 1256  design and construction contracts; progress payments; records;
 1257  requirements of vehicle registration.—
 1258         (6)(a) If the secretary determines that an emergency in
 1259  regard to the restoration or repair of any state transportation
 1260  facility exists such that the delay incident to giving
 1261  opportunity for competitive bidding would be detrimental to the
 1262  interests of the state, the provisions for competitive bidding
 1263  do not apply; and the department may enter into contracts for
 1264  restoration or repair without giving opportunity for competitive
 1265  bidding on such contracts. Within 30 days after such
 1266  determination and contract execution, the head of the department
 1267  shall file with the Executive Office of the Governor a written
 1268  statement of the conditions and circumstances constituting such
 1269  emergency.
 1270         (b) If the secretary determines that delays on a contract
 1271  for maintenance exist due to administrative challenges, bid
 1272  protests, defaults or terminations and the further delay would
 1273  reduce safety on the transportation facility or seriously hinder
 1274  the department’s ability to preserve the state’s investment in
 1275  that facility, competitive bidding provisions may be waived and
 1276  the department may enter into a contract for maintenance on the
 1277  facility. However, contracts for maintenance executed under the
 1278  provisions of this paragraph shall be interim in nature and
 1279  shall be limited in duration to a period of time not to exceed
 1280  the length of the delay necessary to complete the competitive
 1281  bidding process and have the contract in place.
 1282         (c) When the department determines that it is in the best
 1283  interest of the public for reasons of public concern, economy,
 1284  improved operations, or safety, and only when circumstances
 1285  dictate rapid completion of the work, the department may, up to
 1286  the amount of $500,000, enter into contracts for construction
 1287  and maintenance without advertising and receiving competitive
 1288  bids. The department may enter into such contracts only upon a
 1289  determination that the work is necessary for one of the
 1290  following reasons:
 1291         1. To ensure timely completion of projects or avoidance of
 1292  undue delay for other projects;
 1293         2. To accomplish minor repairs or construction and
 1294  maintenance activities for which time is of the essence and for
 1295  which significant cost savings would occur; or
 1296         3. To accomplish nonemergency work necessary to ensure
 1297  avoidance of adverse conditions that affect the safe and
 1298  efficient flow of traffic.
 1299  
 1300  The department shall make a good faith effort to obtain two or
 1301  more quotes, if available, from qualified contractors before
 1302  entering into any contract. The department shall give
 1303  consideration to small disadvantaged business enterprise
 1304  participation. However, when the work exists within the limits
 1305  of an existing contract, the department shall make a good faith
 1306  effort to negotiate and enter into a contract with the prime
 1307  contractor on the existing contract.
 1308         Section 23. Section 337.125, Florida Statutes, is repealed.
 1309         Section 24. Section 337.135, Florida Statutes, is repealed.
 1310         Section 25. Section 337.139, Florida Statutes, is repealed.
 1311         Section 26. Paragraph (a) of subsection (1) of section
 1312  337.18, Florida Statutes, is amended to read:
 1313         337.18 Surety bonds for construction or maintenance
 1314  contracts; requirement with respect to contract award; bond
 1315  requirements; defaults; damage assessments.—
 1316         (1)(a) A surety bond shall be required of the successful
 1317  bidder in an amount equal to the awarded contract price.
 1318  However, the department may choose, in its discretion and
 1319  applicable only to multiyear maintenance contracts, to allow for
 1320  incremental annual contract bonds that cumulatively total the
 1321  full, awarded, multiyear contract price;. The department may
 1322  also choose, in its discretion and applicable only to phased
 1323  design-build contracts under s. 337.11(7)(b), to allow the
 1324  issuance of multiple contract performance and payment bonds in
 1325  succession to align with each phase of the contract to meet the
 1326  bonding requirement in this subsection; and, at the discretion
 1327  of the Secretary of Transportation and notwithstanding any
 1328  bonding requirement under s. 337.18, to require a surety bond in
 1329  an amount that is less than the awarded contract price.
 1330         1. The department may waive the requirement for all or a
 1331  portion of a surety bond if:
 1332         a. The contract price is $250,000 or less and the
 1333  department determines that the project is of a noncritical
 1334  nature and that nonperformance will not endanger public health,
 1335  safety, or property;
 1336         b. The prime contractor is a qualified nonprofit agency for
 1337  the blind or for the other severely handicapped under s.
 1338  413.036(2); or
 1339         c. The prime contractor is using a subcontractor that is a
 1340  qualified nonprofit agency for the blind or for the other
 1341  severely handicapped under s. 413.036(2). However, the
 1342  department may not waive more than the amount of the
 1343  subcontract.
 1344         2. If the department determines that it is in the best
 1345  interests of the department to reduce the bonding requirement
 1346  for a project and that to do so will not endanger public health,
 1347  safety, or property, the department may waive the requirement of
 1348  a surety bond in an amount equal to the awarded contract price
 1349  for a project having a contract price of $250 million or more
 1350  and, in its place, may set a surety bond amount that is a
 1351  portion of the total contract price and provide an alternate
 1352  means of security for the balance of the contract amount that is
 1353  not covered by the surety bond or provide for incremental surety
 1354  bonding and provide an alternate means of security for the
 1355  balance of the contract amount that is not covered by the surety
 1356  bond. Such alternative means of security may include letters of
 1357  credit, United States bonds and notes, parent company
 1358  guarantees, and cash collateral. The department may require
 1359  alternate means of security if a surety bond is waived. The
 1360  surety on such bond shall be a surety company authorized to do
 1361  business in the state. All bonds shall be payable to the
 1362  department and conditioned for the prompt, faithful, and
 1363  efficient performance of the contract according to plans and
 1364  specifications and within the time period specified, and for the
 1365  prompt payment of all persons defined in s. 713.01 furnishing
 1366  labor, material, equipment, and supplies for work provided in
 1367  the contract; however, whenever an improvement, demolition, or
 1368  removal contract price is $25,000 or less, the security may, in
 1369  the discretion of the bidder, be in the form of a cashier’s
 1370  check, bank money order of any state or national bank, certified
 1371  check, or postal money order. The department shall adopt rules
 1372  to implement this subsection. Such rules shall include
 1373  provisions under which the department shall refuse to accept
 1374  bonds on contracts when a surety wrongfully fails or refuses to
 1375  settle or provide a defense for claims or actions arising under
 1376  a contract for which the surety previously furnished a bond.
 1377         Section 27. Subsection (3) of section 337.251, Florida
 1378  Statutes, is amended to read:
 1379         337.251 Lease of property for joint public-private
 1380  development and areas above or below department property.—
 1381         (3) A proposal must be selected by the department based on
 1382  competitive bidding, except that the department may consider
 1383  other relevant factors specified in the request for proposals.
 1384  The department may consider such factors as the value of
 1385  property exchanges, the cost of construction, and other
 1386  recurring costs for the benefit of the department by the lessee
 1387  in lieu of direct revenue to the department if such other
 1388  factors are of equal value including innovative proposals to
 1389  involve small minority businesses. The department may name a
 1390  board of advisers which may be composed of accountants, real
 1391  estate appraisers, design engineers, or other experts
 1392  experienced in the type of development proposed. The board of
 1393  advisers shall review the feasibility of the proposals,
 1394  recommend acceptance or rejection of each proposal, and rank
 1395  each feasible proposal in the order of technical feasibility and
 1396  benefit provided to the department. The board of advisers shall
 1397  be reasonably compensated for the services provided and all
 1398  department costs for evaluating the proposals shall be
 1399  reimbursed from a proposal application fee to be set by the
 1400  department and paid by the applicants. The board of advisers
 1401  shall not be subject to selection under the provisions of
 1402  chapter 287.
 1403         Section 28. Section (2) of section 337.401, Florida
 1404  Statutes, is amended to read:
 1405         337.401 Use of right-of-way for utilities subject to
 1406  regulation; permit; fees.—
 1407         (2)(a) The authority may grant to any person who is a
 1408  resident of this state, or to any corporation which is organized
 1409  under the laws of this state or licensed to do business within
 1410  this state, the use of a right-of-way for the utility in
 1411  accordance with such rules or regulations as the authority may
 1412  adopt. A utility may not be installed, located, or relocated
 1413  unless authorized by a written permit issued by the authority.
 1414  However, for public roads or publicly owned rail corridors under
 1415  the jurisdiction of the department, a utility relocation
 1416  schedule and relocation agreement may be executed in lieu of a
 1417  written permit. The permit must require the permitholder to be
 1418  responsible for any damage resulting from the issuance of such
 1419  permit. The authority may initiate injunctive proceedings as
 1420  provided in s. 120.69 to enforce provisions of this subsection
 1421  or any rule or order issued or entered into pursuant thereto. A
 1422  permit application required under this subsection by a county or
 1423  municipality having jurisdiction and control of the right-of-way
 1424  of any public road must be processed and acted upon in
 1425  accordance with the timeframes provided in subparagraphs
 1426  (7)(d)7., 8., and 9.
 1427         (b) Notwithstanding paragraph (a), a municipality may not
 1428  prohibit, or require a permit for, the installation of a public
 1429  sewer transmission line placed and maintained within and under
 1430  publicly dedicated rights-of-way as part of a septic-to-sewer
 1431  conversion where the work is being performed under permits
 1432  issued by the Department of Transportation pursuant to this
 1433  chapter and the Department of Environmental Protection, or its
 1434  delegate, pursuant to chapter 403.
 1435         Section 29. Subsection (4) of section 337.406, Florida
 1436  Statutes, is amended to read:
 1437         337.406 Unlawful use of state transportation facility
 1438  right-of-way; penalties.—
 1439         (4)(a) Camping is prohibited on any portion of the right
 1440  of-way of the State Highway System that is within 100 feet of a
 1441  bridge, causeway, overpass, or ramp.
 1442         (b) This subsection does not apply to a person who has
 1443  acquired the appropriate permits and is actively navigating the
 1444  federally designated Florida National Scenic Trail recognized by
 1445  the state in s. 260.012(6).
 1446         Section 30. Subsection (4) of section 338.227, Florida
 1447  Statutes, is amended to read:
 1448         338.227 Turnpike revenue bonds.—
 1449         (4) The Department of Transportation and the Department of
 1450  Management Services shall create and implement an outreach
 1451  program designed to enhance the participation of small minority
 1452  persons and minority business enterprises in all contracts
 1453  entered into by their respective departments for services
 1454  related to the financing of department projects for the
 1455  Strategic Intermodal System Plan developed pursuant to s.
 1456  339.64. These services shall include, but are not limited to,
 1457  bond counsel and bond underwriters.
 1458         Section 31. Subsection (6) is added to section 339.08,
 1459  Florida Statutes, to read:
 1460         339.08 Use of moneys in State Transportation Trust Fund.—
 1461         (6)(a)As used in this subsection, the term “energy policy
 1462  of the state” means the energy policy described in s. 377.601
 1463  and includes any intended or actual measure, obligation, target,
 1464  or timeframe related to a reduction in carbon dioxide emissions.
 1465         (b) The department may not expend any state funds as
 1466  described in s. 215.31 to support a project or program of any of
 1467  the following entities if such entities adopt or promote energy
 1468  policy goals inconsistent with the energy policy of the state:
 1469         1. A public transit provider as defined in s. 341.031(1).
 1470         2. An authority created pursuant to chapter 343, chapter
 1471  348, or chapter 349.
 1472         3. A public-use airport as defined in s. 332.004.
 1473         4. A port listed in s. 311.09(1).
 1474         Section 32. Section 339.0805, Florida Statutes, is
 1475  repealed.
 1476         Section 33. Paragraph (c) of subsection (6) and paragraph
 1477  (h) of subsection (7) of section 339.135, Florida Statutes, are
 1478  amended to read:
 1479         339.135 Work program; legislative budget request;
 1480  definitions; preparation, adoption, execution, and amendment.—
 1481         (6) EXECUTION OF THE BUDGET.—
 1482         (c) Notwithstanding the provisions of ss. 216.301(2) and
 1483  216.351, any unexpended balance remaining at the end of the
 1484  fiscal year in the appropriations to the department for special
 1485  categories; aid to local governments; lump sums for project
 1486  phases which are part of the adopted work program, and for which
 1487  contracts have been executed or bids have been let; and for
 1488  right-of-way land acquisition and relocation assistance for
 1489  parcels from project phases in the adopted work program for
 1490  which appraisals have been completed and approved, may be
 1491  certified forward as fixed capital outlay at the end of each
 1492  fiscal year, to be certified by the head of the state agency on
 1493  or before August 1 of each year to the Executive Office of the
 1494  Governor, showing in detail the commitment or to whom obligated
 1495  and the amount of such commitment or obligation. On or before
 1496  September 1 of each year, the Executive Office of the Governor
 1497  shall review and approve or disapprove, consistent with
 1498  legislative policy and intent, any or all of the items and
 1499  amounts certified by the head of the state agency and shall
 1500  furnish the Chief Financial Officer, the legislative
 1501  appropriations committees, and the Auditor General a detailed
 1502  listing of the items and amounts approved as legal encumbrances
 1503  against the undisbursed balances of such appropriations. In the
 1504  event such certification is not made and the balance of the
 1505  appropriation has reverted and the obligation is proven to be
 1506  legal, due, and unpaid, then the same must shall be presented to
 1507  the Legislature for its consideration. Such certification as
 1508  herein required must shall be in the form and on the date
 1509  approved by the Executive Office of the Governor. Any project
 1510  phases in the adopted work program not certified forward are
 1511  shall be available for roll forward for the next fiscal year of
 1512  the adopted work program. Spending authority associated with
 1513  such project phases may be rolled forward to the next fiscal
 1514  year upon approval by the procedures set forth in s. 216.177.
 1515  Upon approval, the Executive Office of the Governor shall modify
 1516  the original approved operating budget for fixed capital outlay
 1517  expenditures Legislative Budget Commission. Increases in
 1518  spending authority are shall be limited to amounts of unexpended
 1519  balances by appropriation category. Any project phase certified
 1520  forward for which bids have been let but subsequently rejected
 1521  is shall be available for roll forward in the adopted work
 1522  program for the next fiscal year. Spending authority associated
 1523  with such project phases may be rolled forward into the current
 1524  year from funds certified forward. The amount certified forward
 1525  may include contingency allowances for right-of-way acquisition
 1526  and relocation, asphalt and petroleum product escalation
 1527  clauses, and contract overages, which allowances must shall be
 1528  separately identified in the certification detail. Right-of-way
 1529  acquisition and relocation and contract overages contingency
 1530  allowances must shall be based on documented historical
 1531  patterns. These contingency amounts must shall be incorporated
 1532  in the certification for each specific category, but when a
 1533  category has an excess and another category has a deficiency,
 1534  the Executive Office of the Governor is authorized to transfer
 1535  the excess to the deficient account.
 1536         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 1537         (h)1. Any work program amendment that also adds a new
 1538  project, or phase thereof, to the adopted work program in excess
 1539  of $3 million is subject to approval by the Legislative Budget
 1540  Commission. Any work program amendment submitted under this
 1541  paragraph must include, as supplemental information, a list of
 1542  projects, or phases thereof, in the current 5-year adopted work
 1543  program which are eligible for the funds within the
 1544  appropriation category being used for the proposed amendment.
 1545  The department shall provide a narrative with the rationale for
 1546  not advancing an existing project, or phase thereof, in lieu of
 1547  the proposed amendment.
 1548         2. If the department submits an amendment to the
 1549  Legislative Budget Commission and the commission does not meet
 1550  or consider the amendment within 30 days after its submittal,
 1551  the chair and vice chair of the commission may authorize the
 1552  amendment to be approved pursuant to s. 216.177. This
 1553  subparagraph expires July 1, 2025.
 1554         Section 34. Paragraph (b) of subsection (3) and paragraph
 1555  (c) of subsection (4) of section 339.2821, Florida Statutes, are
 1556  amended to read:
 1557         339.2821 Economic development transportation projects.—
 1558         (3)
 1559         (b) The department must ensure that it is supportive of
 1560  small businesses as defined in s. 337.027(2) small and minority
 1561  businesses have equal access to participate in transportation
 1562  projects funded pursuant to this section.
 1563         (4) A contract between the department and a governmental
 1564  body for a transportation project must:
 1565         (c) Require that the governmental body provide the
 1566  department with progress reports. Each progress report must
 1567  contain:
 1568         1. A narrative description of the work completed and
 1569  whether the work is proceeding according to the transportation
 1570  project schedule;
 1571         2. A description of each change order executed by the
 1572  governmental body;
 1573         3. A budget summary detailing planned expenditures compared
 1574  to actual expenditures; and
 1575         4. The identity of each small or minority business used as
 1576  a contractor or subcontractor.
 1577         Section 35. Section 339.287, Florida Statutes, is repealed.
 1578         Section 36. Paragraph (c) of subsection (2) of section
 1579  339.55, Florida Statutes, is amended to read:
 1580         339.55 State-funded infrastructure bank.—
 1581         (2) The bank may lend capital costs or provide credit
 1582  enhancements for:
 1583         (c)1. Emergency loans for damages incurred to public-use
 1584  commercial deepwater seaports, public-use airports, and other
 1585  public-use transit and intermodal facilities that are within an
 1586  area that is part of an official state declaration of emergency
 1587  pursuant to chapter 252 and all other applicable laws. Such
 1588  loans:
 1589         a. May not exceed 24 months in duration except in extreme
 1590  circumstances, for which the Secretary of Transportation may
 1591  grant up to 36 months upon making written findings specifying
 1592  the conditions requiring a 36-month term.
 1593         b. Require application from the recipient to the department
 1594  that includes documentation of damage claims filed with the
 1595  Federal Emergency Management Agency or an applicable insurance
 1596  carrier and documentation of the recipient’s overall financial
 1597  condition.
 1598         c. Are subject to approval by the Secretary of
 1599  Transportation and the Legislative Budget Commission.
 1600         2. Loans provided under this paragraph must be repaid upon
 1601  receipt by the recipient of eligible program funding for damages
 1602  in accordance with the claims filed with the Federal Emergency
 1603  Management Agency or an applicable insurance carrier, but no
 1604  later than the duration of the loan.
 1605         Section 37. Subsections (3) and (7) of section 339.651,
 1606  Florida Statutes, are amended to read:
 1607         339.651 Strategic Intermodal System supply chain demands.—
 1608         (3) The department may shall make up to $20 million
 1609  available each year for fiscal years 2023-2024 through 2027
 1610  2028, from the existing work program revenues, to fund projects
 1611  that meet the public purpose of providing increased capacity and
 1612  enhanced capabilities to move and store construction aggregate.
 1613  Applicants eligible for project funding under this section are
 1614  seaports listed in s. 311.09 and rail lines and rail facilities.
 1615         (7) This section shall stand repealed on July 1, 2028.
 1616         Section 38. Paragraph (b) of subsection (6) of section
 1617  341.051, Florida Statutes, is amended to read:
 1618         341.051 Administration and financing of public transit and
 1619  intercity bus service programs and projects.—
 1620         (6) ANNUAL APPROPRIATION.—
 1621         (b) If funds are allocated to projects that qualify for the
 1622  New Starts Transit Program in the current fiscal year and a
 1623  project will not be ready for production by June 30, those funds
 1624  must The remaining unallocated New Starts Transit Program funds
 1625  as of June 30, 2024, shall be reallocated for the purpose of the
 1626  Strategic Intermodal System within the State Transportation
 1627  Trust Fund for the next fiscal year. This paragraph expires June
 1628  30, 2026.
 1629  
 1630  For purposes of this section, the term “net operating costs”
 1631  means all operating costs of a project less any federal funds,
 1632  fares, or other sources of income to the project.
 1633         Section 39. Subsection (5) of section 348.754, Florida
 1634  Statutes, is amended to read:
 1635         348.754 Purposes and powers.—
 1636         (5) The authority shall encourage the inclusion of local
 1637  and small local-, small-, minority-, and women-owned businesses
 1638  in its procurement and contracting opportunities.
 1639         Section 40. Subsection (2) of section 349.03, Florida
 1640  Statutes, is amended, and subsections (4) and (5) are added to
 1641  that section, to read:
 1642         349.03 Jacksonville Transportation Authority.—
 1643         (2) The governing body of the authority shall be composed
 1644  consist of seven members. Four Three members shall be appointed
 1645  by the Governor and confirmed by the Senate. Of the four members
 1646  appointed by the Governor, one must be a resident of Duval
 1647  County and three must be residents of Clay County, St. Johns
 1648  County, or Nassau County. Three members shall be appointed by
 1649  the mayor of the City of Jacksonville subject to confirmation by
 1650  the council of the City of Jacksonville. The seventh member
 1651  shall be the district secretary of the Department of
 1652  Transportation serving in the district that contains the City of
 1653  Jacksonville. Except for the seventh member, Members appointed
 1654  by the mayor of the City of Jacksonville must shall be residents
 1655  and qualified electors of Duval County.
 1656         (4) The authority shall follow the business development
 1657  program established by the department pursuant to s. 337.027.
 1658         (5) The authority shall establish protocols and systems in
 1659  accordance with the requirements of ss. 112.061(16) and
 1660  215.985(6) and (14) and post all related information on the
 1661  authority’s publicly accessible website.
 1662         Section 41. Paragraphs (j) and (m) of subsection (2) of
 1663  section 110.205, Florida Statutes, are amended to read:
 1664         110.205 Career service; exemptions.—
 1665         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1666  covered by this part include the following:
 1667         (j) The appointed secretaries and the State Surgeon
 1668  General, assistant secretaries, deputy secretaries, and deputy
 1669  assistant secretaries of all departments; the executive
 1670  directors, assistant executive directors, deputy executive
 1671  directors, and deputy assistant executive directors of all
 1672  departments; the directors of all divisions and those positions
 1673  determined by the department to have managerial responsibilities
 1674  comparable to such positions, which positions include, but are
 1675  not limited to, program directors, assistant program directors,
 1676  district administrators, deputy district administrators, the
 1677  Director of Central Operations Services of the Department of
 1678  Children and Families, the State Transportation Development
 1679  Administrator, the State Public Transportation and Modal
 1680  Administrator, district secretaries, district directors of
 1681  transportation development, transportation operations,
 1682  transportation support, and the managers of the offices of the
 1683  Department of Transportation specified in s. 20.23(4)(b) s.
 1684  20.23(3)(b). Unless otherwise fixed by law, the department shall
 1685  set the salary and benefits of these positions and the positions
 1686  of county health department directors and county health
 1687  department administrators of the Department of Health in
 1688  accordance with the rules of the Senior Management Service.
 1689         (m) All assistant division director, deputy division
 1690  director, and bureau chief positions in any department, and
 1691  those positions determined by the department to have managerial
 1692  responsibilities comparable to such positions, which include,
 1693  but are not limited to:
 1694         1. Positions in the Department of Health and the Department
 1695  of Children and Families which are assigned primary duties of
 1696  serving as the superintendent or assistant superintendent of an
 1697  institution.
 1698         2. Positions in the Department of Corrections which are
 1699  assigned primary duties of serving as the warden, assistant
 1700  warden, colonel, or major of an institution or that are assigned
 1701  primary duties of serving as the circuit administrator or deputy
 1702  circuit administrator.
 1703         3. Positions in the Department of Transportation which are
 1704  assigned primary duties of serving as regional toll managers and
 1705  managers of offices, as specified in s. 20.23(4)(b) and (5)(c)
 1706  s. 20.23(3)(b) and (4)(c).
 1707         4. Positions in the Department of Environmental Protection
 1708  which are assigned the duty of an Environmental Administrator or
 1709  program administrator.
 1710         5. Positions in the Department of Health which are assigned
 1711  the duties of Environmental Administrator, Assistant County
 1712  Health Department Director, and County Health Department
 1713  Financial Administrator.
 1714         6. Positions in the Department of Highway Safety and Motor
 1715  Vehicles which are assigned primary duties of serving as
 1716  captains in the Florida Highway Patrol.
 1717  
 1718  Unless otherwise fixed by law, the department shall set the
 1719  salary and benefits of the positions listed in this paragraph in
 1720  accordance with the rules established for the Selected Exempt
 1721  Service.
 1722         Section 42. Paragraph (d) of subsection (3) of section
 1723  322.27, Florida Statutes, is amended to read:
 1724         322.27 Authority of department to suspend or revoke driver
 1725  license or identification card.—
 1726         (3) There is established a point system for evaluation of
 1727  convictions of violations of motor vehicle laws or ordinances,
 1728  and violations of applicable provisions of s. 403.413(6)(b) when
 1729  such violations involve the use of motor vehicles, for the
 1730  determination of the continuing qualification of any person to
 1731  operate a motor vehicle. The department is authorized to suspend
 1732  the license of any person upon showing of its records or other
 1733  good and sufficient evidence that the licensee has been
 1734  convicted of violation of motor vehicle laws or ordinances, or
 1735  applicable provisions of s. 403.413(6)(b), amounting to 12 or
 1736  more points as determined by the point system. The suspension
 1737  shall be for a period of not more than 1 year.
 1738         (d) The point system shall have as its basic element a
 1739  graduated scale of points assigning relative values to
 1740  convictions of the following violations:
 1741         1. Reckless driving, willful and wanton—4 points.
 1742         2. Leaving the scene of a crash resulting in property
 1743  damage of more than $50—6 points.
 1744         3. Unlawful speed, or unlawful use of a wireless
 1745  communications device, resulting in a crash—6 points.
 1746         4. Passing a stopped school bus:
 1747         a. Not causing or resulting in serious bodily injury to or
 1748  death of another—4 points.
 1749         b. Causing or resulting in serious bodily injury to or
 1750  death of another—6 points.
 1751         c. Points may not be imposed for a violation of passing a
 1752  stopped school bus as provided in s. 316.172(1)(a) or (b) when
 1753  enforced by a school bus infraction detection system pursuant to
 1754  s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
 1755  when enforced by a school bus infraction detection system
 1756  pursuant to s. 316.173 may not be used for purposes of setting
 1757  motor vehicle insurance rates.
 1758         5. Unlawful speed:
 1759         a. Not in excess of 15 miles per hour of lawful or posted
 1760  speed—3 points.
 1761         b. In excess of 15 miles per hour of lawful or posted
 1762  speed—4 points.
 1763         c. Points may not be imposed for a violation of unlawful
 1764  speed as provided in s. 316.1895 or s. 316.183 when enforced by
 1765  a traffic infraction enforcement officer pursuant to s.
 1766  316.1896. In addition, a violation of s. 316.1895 or s. 316.183
 1767  when enforced by a traffic infraction enforcement officer
 1768  pursuant to s. 316.1896 may not be used for purposes of setting
 1769  motor vehicle insurance rates.
 1770         6. A violation of a traffic control signal device as
 1771  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
 1772  However, points may not be imposed for a violation of s.
 1773  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
 1774  stop at a traffic signal and when enforced by a traffic
 1775  infraction enforcement officer. In addition, a violation of s.
 1776  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
 1777  stop at a traffic signal and when enforced by a traffic
 1778  infraction enforcement officer may not be used for purposes of
 1779  setting motor vehicle insurance rates.
 1780         7. Unlawfully driving a vehicle through a railroad-highway
 1781  grade crossing—6 points.
 1782         8. All other moving violations (including parking on a
 1783  highway outside the limits of a municipality)—3 points. However,
 1784  points may not be imposed for a violation of s. 316.0741 or s.
 1785  316.2065(11); and points may be imposed for a violation of s.
 1786  316.1001 only when imposed by the court after a hearing pursuant
 1787  to s. 318.14(5).
 1788         9. Any moving violation covered in this paragraph,
 1789  excluding unlawful speed and unlawful use of a wireless
 1790  communications device, resulting in a crash—4 points.
 1791         10. Any conviction under s. 403.413(6)(b)—3 points.
 1792         11. Any conviction under s. 316.0775(2)—4 points.
 1793         12. A moving violation covered in this paragraph which is
 1794  committed in conjunction with the unlawful use of a wireless
 1795  communications device within a school safety zone—2 points, in
 1796  addition to the points assigned for the moving violation.
 1797         Section 43. Subsection (13) of section 365.172, Florida
 1798  Statutes, is amended to read:
 1799         365.172 Emergency communications.—
 1800         (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
 1801  IMPLEMENTATION.—To balance the public need for reliable
 1802  emergency communications services through reliable wireless
 1803  systems and the public interest served by governmental zoning
 1804  and land development regulations and notwithstanding any other
 1805  law or local ordinance to the contrary, the following standards
 1806  shall apply to a local government’s actions, as a regulatory
 1807  body, in the regulation of the placement, construction, or
 1808  modification of a wireless communications facility. This
 1809  subsection may not, however, be construed to waive or alter the
 1810  provisions of s. 286.011 or s. 286.0115. For the purposes of
 1811  this subsection only, “local government” shall mean any
 1812  municipality or county and any agency of a municipality or
 1813  county only. The term “local government” does not, however,
 1814  include any airport, as defined in s. 330.27 by s. 330.27(2),
 1815  even if it is owned or controlled by or through a municipality,
 1816  county, or agency of a municipality or county. Further,
 1817  notwithstanding anything in this section to the contrary, this
 1818  subsection does not apply to or control a local government’s
 1819  actions as a property or structure owner in the use of any
 1820  property or structure owned by such entity for the placement,
 1821  construction, or modification of wireless communications
 1822  facilities. In the use of property or structures owned by the
 1823  local government, however, a local government may not use its
 1824  regulatory authority so as to avoid compliance with, or in a
 1825  manner that does not advance, the provisions of this subsection.
 1826         (a) Colocation among wireless providers is encouraged by
 1827  the state.
 1828         1.a. Colocations on towers, including nonconforming towers,
 1829  that meet the requirements in sub-sub-subparagraphs (I), (II),
 1830  and (III), are subject to only building permit review, which may
 1831  include a review for compliance with this subparagraph. Such
 1832  colocations are not subject to any design or placement
 1833  requirements of the local government’s land development
 1834  regulations in effect at the time of the colocation that are
 1835  more restrictive than those in effect at the time of the initial
 1836  antennae placement approval, to any other portion of the land
 1837  development regulations, or to public hearing review. This sub
 1838  subparagraph may not preclude a public hearing for any appeal of
 1839  the decision on the colocation application.
 1840         (I) The colocation does not increase the height of the
 1841  tower to which the antennae are to be attached, measured to the
 1842  highest point of any part of the tower or any existing antenna
 1843  attached to the tower;
 1844         (II) The colocation does not increase the ground space
 1845  area, commonly known as the compound, approved in the site plan
 1846  for equipment enclosures and ancillary facilities; and
 1847         (III) The colocation consists of antennae, equipment
 1848  enclosures, and ancillary facilities that are of a design and
 1849  configuration consistent with all applicable regulations,
 1850  restrictions, or conditions, if any, applied to the initial
 1851  antennae placed on the tower and to its accompanying equipment
 1852  enclosures and ancillary facilities and, if applicable, applied
 1853  to the tower supporting the antennae. Such regulations may
 1854  include the design and aesthetic requirements, but not
 1855  procedural requirements, other than those authorized by this
 1856  section, of the local government’s land development regulations
 1857  in effect at the time the initial antennae placement was
 1858  approved.
 1859         b. Except for a historic building, structure, site, object,
 1860  or district, or a tower included in sub-subparagraph a.,
 1861  colocations on all other existing structures that meet the
 1862  requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
 1863  to no more than building permit review, and an administrative
 1864  review for compliance with this subparagraph. Such colocations
 1865  are not subject to any portion of the local government’s land
 1866  development regulations not addressed herein, or to public
 1867  hearing review. This sub-subparagraph may not preclude a public
 1868  hearing for any appeal of the decision on the colocation
 1869  application.
 1870         (I) The colocation does not increase the height of the
 1871  existing structure to which the antennae are to be attached,
 1872  measured to the highest point of any part of the structure or
 1873  any existing antenna attached to the structure;
 1874         (II) The colocation does not increase the ground space
 1875  area, otherwise known as the compound, if any, approved in the
 1876  site plan for equipment enclosures and ancillary facilities;
 1877         (III) The colocation consists of antennae, equipment
 1878  enclosures, and ancillary facilities that are of a design and
 1879  configuration consistent with any applicable structural or
 1880  aesthetic design requirements and any requirements for location
 1881  on the structure, but not prohibitions or restrictions on the
 1882  placement of additional colocations on the existing structure or
 1883  procedural requirements, other than those authorized by this
 1884  section, of the local government’s land development regulations
 1885  in effect at the time of the colocation application; and
 1886         (IV) The colocation consists of antennae, equipment
 1887  enclosures, and ancillary facilities that are of a design and
 1888  configuration consistent with all applicable restrictions or
 1889  conditions, if any, that do not conflict with sub-sub
 1890  subparagraph (III) and were applied to the initial antennae
 1891  placed on the structure and to its accompanying equipment
 1892  enclosures and ancillary facilities and, if applicable, applied
 1893  to the structure supporting the antennae.
 1894         c. Regulations, restrictions, conditions, or permits of the
 1895  local government, acting in its regulatory capacity, that limit
 1896  the number of colocations or require review processes
 1897  inconsistent with this subsection do not apply to colocations
 1898  addressed in this subparagraph.
 1899         d. If only a portion of the colocation does not meet the
 1900  requirements of this subparagraph, such as an increase in the
 1901  height of the proposed antennae over the existing structure
 1902  height or a proposal to expand the ground space approved in the
 1903  site plan for the equipment enclosure, where all other portions
 1904  of the colocation meet the requirements of this subparagraph,
 1905  that portion of the colocation only may be reviewed under the
 1906  local government’s regulations applicable to an initial
 1907  placement of that portion of the facility, including, but not
 1908  limited to, its land development regulations, and within the
 1909  review timeframes of subparagraph (d)2., and the rest of the
 1910  colocation shall be reviewed in accordance with this
 1911  subparagraph. A colocation proposal under this subparagraph that
 1912  increases the ground space area, otherwise known as the
 1913  compound, approved in the original site plan for equipment
 1914  enclosures and ancillary facilities by no more than a cumulative
 1915  amount of 400 square feet or 50 percent of the original compound
 1916  size, whichever is greater, shall, however, require no more than
 1917  administrative review for compliance with the local government’s
 1918  regulations, including, but not limited to, land development
 1919  regulations review, and building permit review, with no public
 1920  hearing review. This sub-subparagraph does not preclude a public
 1921  hearing for any appeal of the decision on the colocation
 1922  application.
 1923         2. If a colocation does not meet the requirements of
 1924  subparagraph 1., the local government may review the application
 1925  under the local government’s regulations, including, but not
 1926  limited to, land development regulations, applicable to the
 1927  placement of initial antennae and their accompanying equipment
 1928  enclosure and ancillary facilities.
 1929         3. If a colocation meets the requirements of subparagraph
 1930  1., the colocation may not be considered a modification to an
 1931  existing structure or an impermissible modification of a
 1932  nonconforming structure.
 1933         4. The owner of the existing tower on which the proposed
 1934  antennae are to be colocated shall remain responsible for
 1935  compliance with any applicable condition or requirement of a
 1936  permit or agreement, or any applicable condition or requirement
 1937  of the land development regulations to which the existing tower
 1938  had to comply at the time the tower was permitted, including any
 1939  aesthetic requirements, provided the condition or requirement is
 1940  not inconsistent with this paragraph.
 1941         5. An existing tower, including a nonconforming tower, may
 1942  be structurally modified in order to permit colocation or may be
 1943  replaced through no more than administrative review and building
 1944  permit review, and is not subject to public hearing review, if
 1945  the overall height of the tower is not increased and, if a
 1946  replacement, the replacement tower is a monopole tower or, if
 1947  the existing tower is a camouflaged tower, the replacement tower
 1948  is a like-camouflaged tower. This subparagraph may not preclude
 1949  a public hearing for any appeal of the decision on the
 1950  application.
 1951         (b)1. A local government’s land development and
 1952  construction regulations for wireless communications facilities
 1953  and the local government’s review of an application for the
 1954  placement, construction, or modification of a wireless
 1955  communications facility shall only address land development or
 1956  zoning issues. In such local government regulations or review,
 1957  the local government may not require information on or evaluate
 1958  a wireless provider’s business decisions about its service,
 1959  customer demand for its service, or quality of its service to or
 1960  from a particular area or site, unless the wireless provider
 1961  voluntarily offers this information to the local government. In
 1962  such local government regulations or review, a local government
 1963  may not require information on or evaluate the wireless
 1964  provider’s designed service unless the information or materials
 1965  are directly related to an identified land development or zoning
 1966  issue or unless the wireless provider voluntarily offers the
 1967  information. Information or materials directly related to an
 1968  identified land development or zoning issue may include, but are
 1969  not limited to, evidence that no existing structure can
 1970  reasonably be used for the antennae placement instead of the
 1971  construction of a new tower, that residential areas cannot be
 1972  served from outside the residential area, as addressed in
 1973  subparagraph 3., or that the proposed height of a new tower or
 1974  initial antennae placement or a proposed height increase of a
 1975  modified tower, replacement tower, or colocation is necessary to
 1976  provide the provider’s designed service. Nothing in this
 1977  paragraph shall limit the local government from reviewing any
 1978  applicable land development or zoning issue addressed in its
 1979  adopted regulations that does not conflict with this section,
 1980  including, but not limited to, aesthetics, landscaping, land
 1981  use-based location priorities, structural design, and setbacks.
 1982         2. Any setback or distance separation required of a tower
 1983  may not exceed the minimum distance necessary, as determined by
 1984  the local government, to satisfy the structural safety or
 1985  aesthetic concerns that are to be protected by the setback or
 1986  distance separation.
 1987         3. A local government may exclude the placement of wireless
 1988  communications facilities in a residential area or residential
 1989  zoning district but only in a manner that does not constitute an
 1990  actual or effective prohibition of the provider’s service in
 1991  that residential area or zoning district. If a wireless provider
 1992  demonstrates to the satisfaction of the local government that
 1993  the provider cannot reasonably provide its service to the
 1994  residential area or zone from outside the residential area or
 1995  zone, the municipality or county and provider shall cooperate to
 1996  determine an appropriate location for a wireless communications
 1997  facility of an appropriate design within the residential area or
 1998  zone. The local government may require that the wireless
 1999  provider reimburse the reasonable costs incurred by the local
 2000  government for this cooperative determination. An application
 2001  for such cooperative determination may not be considered an
 2002  application under paragraph (d).
 2003         4. A local government may impose a reasonable fee on
 2004  applications to place, construct, or modify a wireless
 2005  communications facility only if a similar fee is imposed on
 2006  applicants seeking other similar types of zoning, land use, or
 2007  building permit review. A local government may impose fees for
 2008  the review of applications for wireless communications
 2009  facilities by consultants or experts who conduct code compliance
 2010  review for the local government but any fee is limited to
 2011  specifically identified reasonable expenses incurred in the
 2012  review. A local government may impose reasonable surety
 2013  requirements to ensure the removal of wireless communications
 2014  facilities that are no longer being used.
 2015         5. A local government may impose design requirements, such
 2016  as requirements for designing towers to support colocation or
 2017  aesthetic requirements, except as otherwise limited in this
 2018  section, but may not impose or require information on compliance
 2019  with building code type standards for the construction or
 2020  modification of wireless communications facilities beyond those
 2021  adopted by the local government under chapter 553 and that apply
 2022  to all similar types of construction.
 2023         (c) Local governments may not require wireless providers to
 2024  provide evidence of a wireless communications facility’s
 2025  compliance with federal regulations, except evidence of
 2026  compliance with applicable Federal Aviation Administration
 2027  requirements under 14 C.F.R. part 77, as amended, and evidence
 2028  of proper Federal Communications Commission licensure, or other
 2029  evidence of Federal Communications Commission authorized
 2030  spectrum use, but may request the Federal Communications
 2031  Commission to provide information as to a wireless provider’s
 2032  compliance with federal regulations, as authorized by federal
 2033  law.
 2034         (d)1. A local government shall grant or deny each properly
 2035  completed application for a colocation under subparagraph (a)1.
 2036  based on the application’s compliance with the local
 2037  government’s applicable regulations, as provided for in
 2038  subparagraph (a)1. and consistent with this subsection, and
 2039  within the normal timeframe for a similar building permit review
 2040  but in no case later than 45 business days after the date the
 2041  application is determined to be properly completed in accordance
 2042  with this paragraph.
 2043         2. A local government shall grant or deny each properly
 2044  completed application for any other wireless communications
 2045  facility based on the application’s compliance with the local
 2046  government’s applicable regulations, including but not limited
 2047  to land development regulations, consistent with this subsection
 2048  and within the normal timeframe for a similar type review but in
 2049  no case later than 90 business days after the date the
 2050  application is determined to be properly completed in accordance
 2051  with this paragraph.
 2052         3.a. An application is deemed submitted or resubmitted on
 2053  the date the application is received by the local government. If
 2054  the local government does not notify the applicant in writing
 2055  that the application is not completed in compliance with the
 2056  local government’s regulations within 20 business days after the
 2057  date the application is initially submitted or additional
 2058  information resubmitted, the application is deemed, for
 2059  administrative purposes only, to be properly completed and
 2060  properly submitted. However, the determination may not be deemed
 2061  as an approval of the application. If the application is not
 2062  completed in compliance with the local government’s regulations,
 2063  the local government shall so notify the applicant in writing
 2064  and the notification must indicate with specificity any
 2065  deficiencies in the required documents or deficiencies in the
 2066  content of the required documents which, if cured, make the
 2067  application properly completed. Upon resubmission of information
 2068  to cure the stated deficiencies, the local government shall
 2069  notify the applicant, in writing, within the normal timeframes
 2070  of review, but in no case longer than 20 business days after the
 2071  additional information is submitted, of any remaining
 2072  deficiencies that must be cured. Deficiencies in document type
 2073  or content not specified by the local government do not make the
 2074  application incomplete. Notwithstanding this sub-subparagraph,
 2075  if a specified deficiency is not properly cured when the
 2076  applicant resubmits its application to comply with the notice of
 2077  deficiencies, the local government may continue to request the
 2078  information until such time as the specified deficiency is
 2079  cured. The local government may establish reasonable timeframes
 2080  within which the required information to cure the application
 2081  deficiency is to be provided or the application will be
 2082  considered withdrawn or closed.
 2083         b. If the local government fails to grant or deny a
 2084  properly completed application for a wireless communications
 2085  facility within the timeframes set forth in this paragraph, the
 2086  application shall be deemed automatically approved and the
 2087  applicant may proceed with placement of the facilities without
 2088  interference or penalty. The timeframes specified in
 2089  subparagraph 2. may be extended only to the extent that the
 2090  application has not been granted or denied because the local
 2091  government’s procedures generally applicable to all other
 2092  similar types of applications require action by the governing
 2093  body and such action has not taken place within the timeframes
 2094  specified in subparagraph 2. Under such circumstances, the local
 2095  government must act to either grant or deny the application at
 2096  its next regularly scheduled meeting or, otherwise, the
 2097  application is deemed to be automatically approved.
 2098         c. To be effective, a waiver of the timeframes set forth in
 2099  this paragraph must be voluntarily agreed to by the applicant
 2100  and the local government. A local government may request, but
 2101  not require, a waiver of the timeframes by the applicant, except
 2102  that, with respect to a specific application, a one-time waiver
 2103  may be required in the case of a declared local, state, or
 2104  federal emergency that directly affects the administration of
 2105  all permitting activities of the local government.
 2106         (e) The replacement of or modification to a wireless
 2107  communications facility, except a tower, that results in a
 2108  wireless communications facility not readily discernibly
 2109  different in size, type, and appearance when viewed from ground
 2110  level from surrounding properties, and the replacement or
 2111  modification of equipment that is not visible from surrounding
 2112  properties, all as reasonably determined by the local
 2113  government, are subject to no more than applicable building
 2114  permit review.
 2115         (f) Any other law to the contrary notwithstanding, the
 2116  Department of Management Services shall negotiate, in the name
 2117  of the state, leases for wireless communications facilities that
 2118  provide access to state government-owned property not acquired
 2119  for transportation purposes, and the Department of
 2120  Transportation shall negotiate, in the name of the state, leases
 2121  for wireless communications facilities that provide access to
 2122  property acquired for state rights-of-way. On property acquired
 2123  for transportation purposes, leases shall be granted in
 2124  accordance with s. 337.251. On other state government-owned
 2125  property, leases shall be granted on a space available, first
 2126  come, first-served basis. Payments required by state government
 2127  under a lease must be reasonable and must reflect the market
 2128  rate for the use of the state government-owned property. The
 2129  Department of Management Services and the Department of
 2130  Transportation are authorized to adopt rules for the terms and
 2131  conditions and granting of any such leases.
 2132         (g) If any person adversely affected by any action, or
 2133  failure to act, or regulation, or requirement of a local
 2134  government in the review or regulation of the wireless
 2135  communication facilities files an appeal or brings an
 2136  appropriate action in a court or venue of competent
 2137  jurisdiction, following the exhaustion of all administrative
 2138  remedies, the matter shall be considered on an expedited basis.
 2139         Section 44. Subsection (2) of section 379.2293, Florida
 2140  Statutes, is amended to read:
 2141         379.2293 Airport activities within the scope of a federally
 2142  approved wildlife hazard management plan or a federal or state
 2143  permit or other authorization for depredation or harassment.—
 2144         (2) An airport authority or other entity owning or
 2145  operating an airport, as defined in s. 330.27 s. 330.27(2), is
 2146  not subject to any administrative or civil penalty, restriction,
 2147  or other sanction with respect to any authorized action taken in
 2148  a non-negligent manner for the purpose of protecting human life
 2149  or aircraft safety from wildlife hazards.
 2150         Section 45. Subsection (22) of section 493.6101, Florida
 2151  Statutes, is amended to read:
 2152         493.6101 Definitions.—
 2153         (22) “Repossession” means the recovery of a motor vehicle
 2154  as defined under s. 320.01(1), a mobile home as defined in s.
 2155  320.01(2), a motorboat as defined under s. 327.02, an aircraft
 2156  as defined in s. 330.27 s. 330.27(1), a personal watercraft as
 2157  defined in s. 327.02, an all-terrain vehicle as defined in s.
 2158  316.2074, farm equipment as defined under s. 686.402, or
 2159  industrial equipment, by an individual who is authorized by the
 2160  legal owner, lienholder, or lessor to recover, or to collect
 2161  money payment in lieu of recovery of, that which has been sold
 2162  or leased under a security agreement that contains a
 2163  repossession clause. As used in this subsection, the term
 2164  “industrial equipment” includes, but is not limited to,
 2165  tractors, road rollers, cranes, forklifts, backhoes, and
 2166  bulldozers. The term “industrial equipment” also includes other
 2167  vehicles that are propelled by power other than muscular power
 2168  and that are used in the manufacture of goods or used in the
 2169  provision of services. A repossession is complete when a
 2170  licensed recovery agent is in control, custody, and possession
 2171  of such repossessed property. Property that is being repossessed
 2172  shall be considered to be in the control, custody, and
 2173  possession of a recovery agent if the property being repossessed
 2174  is secured in preparation for transport from the site of the
 2175  recovery by means of being attached to or placed on the towing
 2176  or other transport vehicle or if the property being repossessed
 2177  is being operated or about to be operated by an employee of the
 2178  recovery agency.
 2179         Section 46. Paragraph (c) of subsection (1) of section
 2180  493.6403, Florida Statutes, is amended to read:
 2181         493.6403 License requirements.—
 2182         (1) In addition to the license requirements set forth in
 2183  this chapter, each individual or agency shall comply with the
 2184  following additional requirements:
 2185         (c) An applicant for a Class “E” license shall have at
 2186  least 1 year of lawfully gained, verifiable, full-time
 2187  experience in one, or a combination of more than one, of the
 2188  following:
 2189         1. Repossession of motor vehicles as defined in s.
 2190  320.01(1), mobile homes as defined in s. 320.01(2), motorboats
 2191  as defined in s. 327.02, aircraft as defined in s. 330.27 s.
 2192  330.27(1), personal watercraft as defined in s. 327.02, all
 2193  terrain vehicles as defined in s. 316.2074, farm equipment as
 2194  defined under s. 686.402, or industrial equipment as defined in
 2195  s. 493.6101(22).
 2196         2. Work as a Class “EE” licensed intern.
 2197         Section 47. This act shall take effect July 1, 2025.