Florida Senate - 2025                      CS for CS for SB 1662
       
       
        
       By the Appropriations Committee on Transportation, Tourism, and
       Economic Development; the Committee on Transportation; and
       Senator Collins
       
       
       
       606-03456-25                                          20251662c2
    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 and mission
   18         of the institute; requiring the institute to report to
   19         the department; providing for membership of the
   20         institute; requiring the department to select a member
   21         to serve as the administrative lead of the institute;
   22         requiring 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 that the Florida Seaport Mission Plan
   43         include certain recommendations; requiring each port
   44         member of the council to submit a certain semiannual
   45         report to the department; amending s. 311.10, F.S.;
   46         requiring seaports located in specified counties to
   47         include certain statements in any agreement with the
   48         department as a condition of receiving certain grants
   49         or state funds; requiring that express approval for
   50         certain seaport conversions be obtained by specified
   51         entities upon recommendation by the funding agency;
   52         defining the term “cargo purposes”; amending s.
   53         316.003, F.S.; revising the definition of the term
   54         “special mobile equipment”; repealing s. 316.0741,
   55         F.S., relating to high-occupancy-vehicle lanes;
   56         amending s. 316.0745, F.S.; deleting language limiting
   57         the state funds that may be withheld due to certain
   58         violations by a public body or official to state funds
   59         for traffic control purposes; providing that such
   60         violations are cause for the withholding of state
   61         funds deposited in the State Transportation Trust
   62         Fund; amending s. 316.550, F.S.; authorizing the
   63         Department of Transportation to issue a mobile crane
   64         special blanket permit for certain purposes; amending
   65         s. 330.27, F.S.; revising definitions and defining
   66         terms; amending s. 330.30, F.S.; requiring a private
   67         airport of public interest to obtain a certain
   68         certificate from the department before allowing
   69         aircraft operations; requiring certain private
   70         airports to obtain a certain certificate from the
   71         department by a specified date; amending s. 331.371,
   72         F.S.; authorizing the department, in consultation with
   73         the Department of Commerce and the Department of
   74         Environmental Protection, to fund certain
   75         infrastructure projects and projects associated with
   76         certain critical infrastructure projects; requiring
   77         such departments to coordinate in funding certain
   78         projects for a specified purpose; amending s. 332.003,
   79         F.S.; revising a short title; amending s. 332.005,
   80         F.S.; requiring airports to provide the Department of
   81         Transportation with the opportunity to use certain
   82         airport property for a specified purpose during a
   83         declared state of emergency; requiring that such use
   84         be conducted pursuant to a written agreement after a
   85         certain period of use; amending s. 332.006, F.S.;
   86         deleting a requirement that the department meet
   87         certain duties and responsibilities within the
   88         resources provided pursuant to a specified chapter;
   89         providing duties and responsibilities of the
   90         department relating to certain educational services;
   91         amending s. 332.007, F.S.; requiring commercial
   92         service airports to establish and maintain a certain
   93         program; defining the term “airport infrastructure”;
   94         requiring that such airports provide a certain annual
   95         certification to the department; requiring that a
   96         certain program report be open to department
   97         inspection and maintained for a specified period;
   98         providing requirements for such program; revising the
   99         list of projects for which the department must provide
  100         priority funding; authorizing the department to fund
  101         eligible projects performed by certain organizations
  102         and postsecondary education institutions; providing
  103         that certain programs are eligible projects;
  104         authorizing the department to provide certain matching
  105         funds; revising the circumstances in which the
  106         department may fund strategic airport investment
  107         projects; amending s. 332.0075, F.S.; revising
  108         definitions; requiring that certain information remain
  109         posted on a governing body’s website for a certain
  110         period; revising the information that must be included
  111         on such website; requiring the quarterly, rather than
  112         annual, update of certain information; revising
  113         information that the governing body of a commercial
  114         service airport must submit to the department
  115         annually; requiring a commercial service airport to
  116         provide certain notifications to the department;
  117         creating s. 332.15, F.S.; requiring the department to
  118         address certain needs in the statewide aviation system
  119         plan and the department’s work program, designate a
  120         certain subject matter expert, conduct a specified
  121         review, and, in coordination with the Department of
  122         Commerce, provide certain coordination and assistance
  123         for the development of a viable advanced air mobility
  124         system plan; amending s. 334.044, F.S.; revising the
  125         powers and duties of the department; amending s.
  126         334.045, F.S.; requiring certain measures developed
  127         and adopted by the Florida Transportation Commission
  128         to assess performance in a specified business
  129         development program, instead of disadvantaged business
  130         enterprise and minority business programs; amending s.
  131         334.27, F.S.; providing powers of certain parking
  132         authorities; authorizing parking authorities to engage
  133         in certain activities upon entering into an interlocal
  134         agreement with certain political subdivisions;
  135         creating s. 334.62, F.S.; providing legislative
  136         findings; establishing the Florida Transportation
  137         Academy within the department; authorizing the
  138         department to coordinate with certain entities for
  139         specified purposes; amending s. 335.182, F.S.;
  140         defining the term “modification of an existing
  141         connection”; revising the definition of the term
  142         “significant change”; amending s. 335.187, F.S.;
  143         authorizing the department to modify or revoke certain
  144         access permits by requiring modification of an
  145         existing connection in certain circumstances; amending
  146         s. 337.027, F.S.; revising the definition of the term
  147         “small business”; amending s. 337.11, F.S.; requiring
  148         the department to give consideration to small business
  149         participation, instead of disadvantaged business
  150         enterprise participation; repealing s. 337.125, F.S.,
  151         relating to socially and economically disadvantaged
  152         business enterprises and notice requirements;
  153         repealing s. 337.135, F.S., relating to socially and
  154         economically disadvantaged business enterprises and
  155         punishment for false representation; repealing s.
  156         337.139, F.S., relating to efforts to encourage
  157         awarding contracts to disadvantaged business
  158         enterprises; amending s. 337.18, F.S.; authorizing the
  159         Secretary of Transportation to require a surety bond
  160         in an amount that is less than the awarded contract
  161         price; amending s. 337.251, F.S.; revising factors
  162         that may be considered by the department when
  163         selecting certain proposals; amending s. 337.401,
  164         F.S.; prohibiting a municipality from prohibiting, or
  165         requiring a permit for, the installation of certain
  166         public sewer transmission lines; amending s. 337.406,
  167         F.S.; prohibiting camping on any portion of the right
  168         of-way of the State Highway System; providing
  169         applicability; amending s. 338.227, F.S.; revising the
  170         purpose for which the department and the Department of
  171         Management Services shall create and implement a
  172         certain outreach program; amending s. 339.08, F.S.;
  173         defining the term “energy policy of the state”;
  174         prohibiting the department from expending state funds
  175         to support projects or programs of certain entities in
  176         certain circumstances; repealing s. 339.0805, F.S.,
  177         relating to funds to be expended with certified
  178         disadvantaged business enterprises, a construction
  179         management development program, and a bond guarantee
  180         program; amending s. 339.2821, F.S.; requiring the
  181         department to ensure that it is supportive of small
  182         businesses, rather than ensuring that small and
  183         minority businesses have equal access to participation
  184         in certain transportation projects; repealing s.
  185         339.287, F.S., relating to electric vehicle charging
  186         stations and infrastructure plan development; amending
  187         s. 339.651, F.S.; authorizing, rather than requiring,
  188         the department to make a certain amount available from
  189         the existing work program to fund certain projects
  190         annually; deleting the scheduled repeal of provisions
  191         relating to Strategic Intermodal System supply chain
  192         demands; amending s. 341.051, F.S.; providing for the
  193         reallocation of certain funds; deleting the scheduled
  194         repeal of provisions providing for the reallocation of
  195         certain funds; amending s. 348.754, F.S.; revising the
  196         types of businesses the Central Florida Expressway
  197         Authority is required to encourage the inclusion of in
  198         certain opportunities; amending s. 349.03, F.S.;
  199         revising membership requirements for the governing
  200         body of the Jacksonville Transportation Authority;
  201         amending ss. 110.205, 322.27, 365.172, 379.2293,
  202         493.6101, and 493.6403, F.S.; conforming cross
  203         references and provisions to changes made by the act;
  204         providing an effective date.
  205          
  206  Be It Enacted by the Legislature of the State of Florida:
  207  
  208         Section 1. Present subsections (3) through (6) of section
  209  20.23, Florida Statutes, are redesignated as subsections (4)
  210  through (7), respectively, a new subsection (3) is added to that
  211  section, and paragraph (d) of subsection (1), paragraphs (a),
  212  (b), and (g) of subsection (2), and paragraph (b) of present
  213  subsection (3) of that section are amended, to read:
  214         20.23 Department of Transportation.—There is created a
  215  Department of Transportation which shall be a decentralized
  216  agency.
  217         (1)
  218         (d) The secretary may appoint up to three assistant
  219  secretaries, who shall serve as the Chief Operations Officer,
  220  Chief Finance and Administration Officer, and Chief Strategic
  221  Development Officer, respectively; be directly responsible to
  222  the secretary; and who shall perform such duties as are assigned
  223  by the secretary. The secretary may also appoint an Executive
  224  Director of Transportation Technology. Such assistant secretary
  225  and executive director positions are exempt from career service
  226  pursuant to s. 110.205(2)(j) and are included in the Senior
  227  Management Service. The secretary shall designate to an
  228  assistant secretary the duties related to enhancing economic
  229  prosperity, including, but not limited to, the responsibility of
  230  liaison with the head of economic development in the Executive
  231  Office of the Governor. Such assistant secretary shall be
  232  directly responsible for providing the Executive Office of the
  233  Governor with investment opportunities and transportation
  234  projects that expand the state’s role as a global hub for trade
  235  and investment and enhance the supply chain system in the state
  236  to process, assemble, and ship goods to markets throughout the
  237  eastern United States, Canada, the Caribbean, and Latin America.
  238  The secretary may delegate to any assistant secretary the
  239  authority to act in the absence of the secretary.
  240         (2)(a)1. The Florida Transportation Commission is hereby
  241  created and shall be composed consist of nine members appointed
  242  by the Governor subject to confirmation by the Senate. Members
  243  of the commission shall serve terms of 4 years each.
  244         2. Members shall be appointed in such a manner as to
  245  equitably represent all geographic areas of the state. Each
  246  member must be a registered voter and a citizen of the state. At
  247  least three members of the commission must be representatives of
  248  or possess expertise in the higher education, transportation, or
  249  workforce development industries Each member of the commission
  250  must also possess business managerial experience in the private
  251  sector.
  252         3. A member of the commission shall represent the
  253  transportation needs of the state as a whole and may not
  254  subordinate the needs of the state to those of any particular
  255  area of the state.
  256         4. The commission is assigned to the Office of the
  257  Secretary of the Department of Transportation for administrative
  258  and fiscal accountability purposes, but it shall otherwise
  259  function independently of the control and direction of the
  260  department.
  261         (b) The commission shall:
  262         1. Recommend major transportation policies for the
  263  Governor’s approval and assure that approved policies and any
  264  revisions are properly executed.
  265         2. Periodically review the status of the state
  266  transportation system, including highway, transit, rail,
  267  seaport, intermodal development, and aviation components of the
  268  system, and recommend improvements to the Governor and the
  269  Legislature.
  270         3. Perform an in-depth evaluation of the annual department
  271  budget request, the Florida Transportation Plan, and the
  272  tentative work program for compliance with all applicable laws
  273  and established departmental policies. Except as specifically
  274  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  275  not consider individual construction projects but shall consider
  276  methods of accomplishing the goals of the department in the most
  277  effective, efficient, and businesslike manner.
  278         4. Monitor the financial status of the department on a
  279  regular basis to assure that the department is managing revenue
  280  and bond proceeds responsibly and in accordance with law and
  281  established policy.
  282         5. Monitor on at least a quarterly basis the efficiency,
  283  productivity, and management of the department using performance
  284  and production standards developed by the commission pursuant to
  285  s. 334.045.
  286         6. Perform an in-depth evaluation of the factors causing
  287  disruption of project schedules in the adopted work program and
  288  recommend to the Governor and the Legislature methods to
  289  eliminate or reduce the disruptive effects of these factors.
  290         7. Recommend to the Governor and the Legislature
  291  improvements to the department’s organization in order to
  292  streamline and optimize the efficiency of the department. In
  293  reviewing the department’s organization, the commission shall
  294  determine if the current district organizational structure is
  295  responsive to this state’s changing economic and demographic
  296  development patterns. The report by the commission must be
  297  delivered to the Governor and the Legislature by December 15
  298  each year, as appropriate. The commission may retain experts as
  299  necessary to carry out this subparagraph, and the department
  300  shall pay the expenses of the experts.
  301         8. Monitor the efficiency, productivity, and management of
  302  the agencies and authorities created under chapters 348 and 349;
  303  the Mid-Bay Bridge Authority re-created pursuant to chapter
  304  2000-411, Laws of Florida; and any authority formed under
  305  chapter 343; and any transit entity that receives funding under
  306  the public transit block grant program pursuant to s. 341.052.
  307  The commission shall also conduct periodic reviews of each
  308  agency’s and authority’s operations and budget, acquisition of
  309  property, management of revenue and bond proceeds, and
  310  compliance with applicable laws and generally accepted
  311  accounting principles.
  312         (g) A member of the commission shall follow the standards
  313  of conduct for public officers provided in s. 112.313 may not
  314  have any interest, direct or indirect, in any contract,
  315  franchise, privilege, or other benefit granted or awarded by the
  316  department during the term of his or her appointment and for 2
  317  years after the termination of such appointment.
  318         (3)The Legislature finds that the transportation industry
  319  is critical to the economic future of this state and that the
  320  competitiveness of the industry in this state depends upon the
  321  development and maintenance of a qualified workforce and
  322  cutting-edge research and innovation. The Legislature further
  323  finds that the transportation industry in this state has varied
  324  and complex workforce needs ranging from technical and
  325  mechanical training to continuing education opportunities for
  326  workers with advanced degrees and certifications. The timely
  327  need also exists for coordinated research and innovation efforts
  328  to promote emerging technologies and innovative construction
  329  methods and tools and to address alternative funding mechanisms.
  330  It is the intent of the Legislature to support programs designed
  331  to address the workforce development needs of the state’s
  332  transportation industry.
  333         (a) The Florida Transportation Research Institute is
  334  created as a consortium of higher education professionals. The
  335  purpose of the institute is to drive cutting-edge research,
  336  innovation, transformational technologies, and breakthrough
  337  solutions and to support workforce development efforts that
  338  contribute to this state’s transportation industry.
  339         (b) The mission of the institute is to advance the state’s
  340  transportation infrastructure and systems through research,
  341  education, and engagement for a safer and more efficient,
  342  resilient, and innovative movement of people and goods
  343  throughout this state.
  344         (c) The institute shall report to the department and shall
  345  be composed of members from the University of Florida, Indian
  346  River State College, the University of Central Florida, the
  347  University of South Florida, and Florida International
  348  University. The department shall select a member to serve as the
  349  administrative lead of the institute. The department shall
  350  assess the performance of the administrative lead periodically
  351  to ensure accountability and assess the attainment of
  352  performance goals.
  353         (d) The Secretary of Transportation shall appoint a
  354  representative of the department to serve as the executive
  355  director of the institute. The department shall coordinate with
  356  the members of the institute to adopt policies establishing the
  357  institute’s executive committee and mission statement.
  358         (e) The institute may award grants in alignment with its
  359  purpose. Such grants may be directed to member and nonmember
  360  institutions that have a proven expertise relevant to the grant,
  361  including not-for-profit organizations and institutions of
  362  higher education.
  363         (f) The department may allocate funds to the institute from
  364  the State Transportation Trust Fund. The institute may expend
  365  such funds for the institute’s operations and programs to
  366  support research and innovation projects that provide solutions
  367  for this state’s transportation needs.
  368         (g) The institute shall submit an annual report of
  369  performance metrics to the Secretary of Transportation and the
  370  commission. The report must include, but is not limited to,
  371  expenditures of funds allocated to the institute by the
  372  department, ongoing and proposed research efforts, and the
  373  application and success of past research efforts.
  374         (4)(3)
  375         (b) The secretary may appoint positions at the level of
  376  deputy assistant secretary or director which the secretary deems
  377  necessary to accomplish the mission and goals of the department,
  378  including, but not limited to, the areas of program
  379  responsibility provided in this paragraph, each of whom shall be
  380  appointed by and serve at the pleasure of the secretary. The
  381  secretary may combine, separate, or delete offices as needed in
  382  consultation with the Executive Office of the Governor. The
  383  department’s areas of program responsibility include, but are
  384  not limited to, all of the following:
  385         1. Administration.
  386         2. Planning.
  387         3. Supply chain and modal development.
  388         4. Design.
  389         5. Highway operations.
  390         6. Right-of-way.
  391         7. Toll operations.
  392         8. Transportation technology.
  393         9. Information technology systems.
  394         10. Motor carrier weight inspection.
  395         11. Work program and budget.
  396         12. Comptroller.
  397         13. Construction.
  398         14. Statewide corridors.
  399         15. Maintenance.
  400         16. Forecasting and performance.
  401         17. Emergency management.
  402         18. Safety.
  403         19. Materials.
  404         20. Infrastructure and innovation.
  405         21. Permitting.
  406         22. Traffic operations.
  407         23. Operational technology.
  408         Section 2. Paragraph (b) of subsection (3) of section
  409  311.07, Florida Statutes, is amended to read:
  410         311.07 Florida seaport transportation and economic
  411  development funding.—
  412         (3)
  413         (b) Projects eligible for funding by grants under the
  414  program are limited to the following port facilities or port
  415  transportation projects:
  416         1. Transportation facilities within the jurisdiction of the
  417  port.
  418         2. The dredging or deepening of channels, turning basins,
  419  or harbors.
  420         3. The construction or rehabilitation of wharves, docks,
  421  structures, jetties, piers, storage facilities, cruise
  422  terminals, automated people mover systems, or any facilities
  423  necessary or useful in connection with any of the foregoing.
  424         4. The acquisition of vessel tracking systems, container
  425  cranes, or other mechanized equipment used in the movement of
  426  cargo or passengers in international commerce.
  427         5. The acquisition of land to be used for port purposes.
  428         6. The acquisition, improvement, enlargement, or extension
  429  of existing port facilities.
  430         7. Environmental protection projects which are necessary
  431  because of requirements imposed by a state agency as a condition
  432  of a permit or other form of state approval; which are necessary
  433  for environmental mitigation required as a condition of a state,
  434  federal, or local environmental permit; which are necessary for
  435  the acquisition of spoil disposal sites and improvements to
  436  existing and future spoil sites; or which result from the
  437  funding of eligible projects listed in this paragraph.
  438         8. Transportation facilities as defined in s. 334.03(30)
  439  which are not otherwise part of the Department of
  440  Transportation’s adopted work program.
  441         9. Intermodal access projects.
  442         10. Construction or rehabilitation of port facilities as
  443  defined in s. 315.02, excluding any park or recreational
  444  facilities, in ports listed in s. 311.09(1) with operating
  445  revenues of $5 million or less, provided that such projects
  446  create economic development opportunities, capital improvements,
  447  and positive financial returns to such ports.
  448         11. Seaport master plan or strategic plan development or
  449  updates, including the purchase of data to support such plans.
  450         12. Spaceport or space industry-related planning or
  451  construction of facilities on seaport property which are
  452  necessary or useful for advancing the space industry in this
  453  state and provide an economic benefit to this state.
  454         13. Commercial shipbuilding and manufacturing facilities on
  455  seaport property, if such projects provide an economic benefit
  456  to the community in which the seaport is located.
  457         Section 3. Subsections (1) and (3) of section 311.09,
  458  Florida Statutes, are amended to read:
  459         311.09 Florida Seaport Transportation and Economic
  460  Development Council.—
  461         (1) The Florida Seaport Transportation and Economic
  462  Development Council is created within the Department of
  463  Transportation. The purpose of the council is to support the
  464  growth of seaports in this state through review, development,
  465  and financing of port transportation and port facilities. The
  466  council is composed consists of the following 18 members: the
  467  port director, or the port director’s designee, of each of the
  468  ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce,
  469  Palm Beach, Port Everglades, Miami, Port Manatee, St.
  470  Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
  471  Pensacola, Key West, and Fernandina; the secretary of the
  472  Department of Transportation or his or her designee; and the
  473  secretary of the Department of Commerce or his or her designee.
  474         (3) The council shall prepare a 5-year Florida Seaport
  475  Mission Plan defining the goals and objectives of the council
  476  concerning the development of port facilities and an intermodal
  477  transportation system consistent with the goals of the Florida
  478  Transportation Plan developed pursuant to s. 339.155. The
  479  Florida Seaport Mission Plan shall include specific
  480  recommendations for the construction of transportation
  481  facilities connecting any port to another transportation mode,
  482  the construction of transportation facilities connecting any
  483  port to the space and aerospace industries, and for the
  484  efficient, cost-effective development of transportation
  485  facilities or port facilities for the purpose of enhancing
  486  trade, promoting cargo flow, increasing cruise passenger
  487  movements, increasing port revenues, and providing economic
  488  benefits to the state. The council shall develop a priority list
  489  of projects based on these recommendations annually and submit
  490  the list to the Department of Transportation. The council shall
  491  update the 5-year Florida Seaport Mission Plan annually and
  492  shall submit the plan no later than February 1 of each year to
  493  the President of the Senate, the Speaker of the House of
  494  Representatives, the Department of Commerce, and the Department
  495  of Transportation. The council shall develop programs, based on
  496  an examination of existing programs in Florida and other states,
  497  for the training of minorities and secondary school students in
  498  job skills associated with employment opportunities in the
  499  maritime industry, and report on progress and recommendations
  500  for further action to the President of the Senate and the
  501  Speaker of the House of Representatives annually. Each port
  502  member of the council shall submit a semiannual report related
  503  to his or her port’s operations and support of the state’s
  504  economic competitiveness and supply chain. Reports must be
  505  submitted to the Department of Transportation and include any
  506  information required by the Department of Transportation in
  507  consultation with the Department of Commerce. Such reports must
  508  include, but are not limited to, all of the following
  509  information:
  510         (a) Bulk break capacity.
  511         (b) Liquid storage and capacity.
  512         (c) Fuel storage and capacity.
  513         (d) Container capacity.
  514         (e)A description of any supply chain disruption.
  515         Section 4. Subsection (4) is added to section 311.10,
  516  Florida Statutes, to read:
  517         311.10 Strategic Port Investment Initiative.—
  518         (4) As a condition of receiving a project grant under any
  519  program established in this chapter and as a condition of
  520  receiving state funds as described in s. 215.31, a seaport
  521  located in any county identified in s. 331.304(1), (5), or (7)
  522  must include in any agreement with the Department of
  523  Transportation that the seaport may not convert any planned or
  524  existing land, facility, or infrastructure designated for cargo
  525  purposes to any alternative purpose unless the conversion is
  526  approved by the seaport at a publicly noticed meeting as a
  527  separate line item on the agenda and with a reasonable
  528  opportunity for public comment. If the conversion is approved by
  529  the seaport, express approval must be obtained by the Florida
  530  Seaport Transportation and Economic Development Council and the
  531  Florida Transportation Commission upon recommendation by the
  532  funding agency. As used in this subsection, the term cargo
  533  purposes includes, but is not limited to, any facility,
  534  activity, property, energy source, or infrastructure asset that
  535  supports spaceport activities.
  536         Section 5. Subsection (83) of section 316.003, Florida
  537  Statutes, is amended to read:
  538         316.003 Definitions.—The following words and phrases, when
  539  used in this chapter, shall have the meanings respectively
  540  ascribed to them in this section, except where the context
  541  otherwise requires:
  542         (83) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or
  543  used primarily for the transportation of persons or property and
  544  only incidentally operated or moved over a highway, including,
  545  but not limited to, ditchdigging apparatus, well-boring
  546  apparatus, and road construction and maintenance machinery, such
  547  as asphalt spreaders, bituminous mixers, bucket loaders,
  548  tractors other than truck tractors, ditchers, leveling graders,
  549  finishing machines, motor graders, road rollers, scarifiers,
  550  earthmoving carryalls and scrapers, power shovels and draglines,
  551  mobile and self-propelled cranes and accessory support vehicles,
  552  and earthmoving equipment. The term does not include house
  553  trailers, dump trucks, truck-mounted transit mixers, cranes or
  554  shovels, or other vehicles designed for the transportation of
  555  persons or property to which machinery has been attached.
  556         Section 6. Section 316.0741, Florida Statutes, is repealed.
  557         Section 7. Subsection (7) of section 316.0745, Florida
  558  Statutes, is amended to read:
  559         316.0745 Uniform signals and devices.—
  560         (7) The Department of Transportation may, upon receipt and
  561  investigation of reported noncompliance and after hearing
  562  pursuant to 14 days’ notice, direct the removal of any purported
  563  traffic control device that fails to meet the requirements of
  564  this section, wherever the device is located and without regard
  565  to assigned responsibility under s. 316.1895. The public agency
  566  erecting or installing the same shall immediately bring it into
  567  compliance with the requirements of this section or remove said
  568  device or signal upon the direction of the Department of
  569  Transportation and may not, for a period of 5 years, install any
  570  replacement or new traffic control devices paid for in part or
  571  in full with revenues raised by the state unless written prior
  572  approval is received from the Department of Transportation. Any
  573  additional violation by a public body or official shall be cause
  574  for the withholding of state funds deposited in the State
  575  Transportation Trust Fund for traffic control purposes until
  576  such public body or official demonstrates to the Department of
  577  Transportation that it is complying with this section.
  578         Section 8. Subsection (3) of section 316.550, Florida
  579  Statutes, is amended to read:
  580         316.550 Operations not in conformity with law; special
  581  permits.—
  582         (3) Notwithstanding subsection (2), the Department of
  583  Transportation may issue a mobile crane special blanket permit
  584  for any of the following purposes:
  585         (a) To authorize a mobile crane to operate on and A permit
  586  may authorize a self-propelled truck crane operating off the
  587  Interstate Highway System while towing to tow a motor vehicle
  588  that which does not weigh more than 5,000 pounds if the combined
  589  weight of the crane and such motor vehicle does not exceed
  590  95,000 pounds. Notwithstanding s. 320.01(7) or (12), mobile
  591  truck cranes that tow another motor vehicle under the provision
  592  of this subsection shall be taxed under the provisions of s.
  593  320.08(5)(b).
  594         (b) To authorize a mobile crane and accessory support
  595  vehicles that are up to 12 feet in width, 14 feet 6 inches in
  596  height, and 100 feet in length to operate on and off the
  597  Interstate Highway System at all hours except as restricted
  598  under a local travel-related curfew.
  599         (c) To authorize a mobile crane and accessory support
  600  vehicles that, due to their design for special use, exceed the
  601  weight limits established in s. 316.535 to operate on and off
  602  the Interstate Highway System.
  603         Section 9. Section 330.27, Florida Statutes, is amended to
  604  read:
  605         330.27 Definitions, when used in ss. 330.29-330.39.—
  606         (1) “Air ambulance operation” means a flight with a patient
  607  or medical personnel on board for the purpose of medical
  608  transportation.
  609         (2) “Aircraft” means a powered or unpowered machine or
  610  device capable of atmospheric flight, including, but not limited
  611  to, an airplane, an autogyro, a glider, a gyrodyne, a
  612  helicopter, a lift and cruise, a multicopter, paramotors, a
  613  powered lift, a seaplane, a tiltrotor, an ultralight, and a
  614  vectored thrust. The term does not include except a parachute or
  615  other such device used primarily as safety equipment.
  616         (3)(2) “Airport” means a specific an area of land or water
  617  or a structure used for, or intended to be used for, aircraft
  618  operations, which may include landing and takeoff of aircraft,
  619  including appurtenant areas, buildings, facilities, or rights
  620  of-way necessary to facilitate such use or intended use. The
  621  term includes, but is not limited to, airparks, airports,
  622  gliderports, heliports, helistops, seaplane bases, ultralight
  623  flightparks, vertiports, and vertistops.
  624         (4) “Commercial air tour operation” means a flight
  625  conducted for compensation or hire in an aircraft where a
  626  purpose of the flight is sightseeing.
  627         (5) “Commuter operation” means any scheduled operation
  628  conducted by a person operating an aircraft with a frequency of
  629  operations of at least five round trips per week on at least one
  630  route between two or more points according to the published
  631  flight schedule.
  632         (6)(3) “Department” means the Department of Transportation.
  633         (7)(4) “Limited airport” means any airport limited
  634  exclusively to the specific conditions stated on the site
  635  approval order or license.
  636         (8) “On-demand operation” means any scheduled passenger
  637  carrying operation for compensation or hire conducted by a
  638  person operating an aircraft with a frequency of operations of
  639  fewer than five round trips per week on at least one route
  640  between two or more points according to the published flight
  641  schedule.
  642         (9)(5) “Private airport” means an airport, publicly or
  643  privately owned, which is not open or available for use by the
  644  public, but may be made available to others by invitation of the
  645  owner or manager.
  646         (10) “Private airport of public interest” means a private
  647  airport engaged in air ambulance operations, commercial air tour
  648  operations, commuter operations, on-demand operations, public
  649  charter operations, scheduled operations, or supplemental
  650  operations.
  651         (11)(6) “Public airport” means an airport, publicly or
  652  privately owned, which is open for use by the public.
  653         (12) “Public charter operation” means a one-way or round
  654  trip charter flight performed by one or more direct air carriers
  655  which is arranged and sponsored by a charter operator.
  656         (13) “Scheduled operation” means any common carriage
  657  passenger-carrying operation for compensation or hire conducted
  658  by an air carrier or commercial operator for which the
  659  certificateholder or its representative offers in advance the
  660  departure location, departure time, and arrival location.
  661         (14) “Supplemental operation” means any common carriage
  662  operation for compensation or hire conducted with an aircraft
  663  for which the departure time, departure location, and arrival
  664  location are specifically negotiated with the customer or
  665  customer’s representative.
  666         (15)(7) “Temporary airport” means an airport at which
  667  flight operations are conducted under visual flight rules
  668  established by the Federal Aviation Administration and which is
  669  used for less than 30 consecutive days with no more than 10
  670  operations per day.
  671         (8) “Ultralight aircraft” means any aircraft meeting the
  672  criteria established by part 103 of the Federal Aviation
  673  Regulations.
  674         Section 10. Subsections (2) and (4) of section 330.30,
  675  Florida Statutes, are amended to read:
  676         330.30 Approval of airport sites; registration,
  677  certification, and licensure of airports.—
  678         (2) LICENSES, CERTIFICATIONS, AND REGISTRATIONS;
  679  REQUIREMENTS, RENEWAL, REVOCATION.—
  680         (a) Except as provided in subsection (3), the owner or
  681  lessee of an airport in this state shall have a public airport
  682  license, private airport registration, or temporary airport
  683  registration before the operation of aircraft to or from the
  684  airport. Application for a license or registration shall be made
  685  in a form and manner prescribed by the department.
  686         1. For a public airport, upon granting site approval, the
  687  department shall issue a license after a final airport
  688  inspection finds the airport to be in compliance with all
  689  requirements for the license. The license may be subject to any
  690  reasonable conditions the department deems necessary to protect
  691  the public health, safety, or welfare.
  692         2. For a private airport, upon granting site approval, the
  693  department shall provide controlled electronic access to the
  694  state aviation facility data system to permit the applicant to
  695  complete the registration process. Registration shall be
  696  completed upon self-certification by the registrant of
  697  operational and configuration data deemed necessary by the
  698  department.
  699         3. For a temporary airport, the department must publish
  700  notice of receipt of a completed registration application in the
  701  next available publication of the Florida Administrative
  702  Register and may not approve a registration application less
  703  than 14 days after the date of publication of the notice. The
  704  department must approve or deny a registration application
  705  within 30 days after receipt of a completed application and must
  706  issue the temporary airport registration concurrent with the
  707  airport site approval. A completed registration application that
  708  is not approved or denied within 30 days after the department
  709  receives the completed application is considered approved and
  710  shall be issued, subject to such reasonable conditions as are
  711  authorized by law. An applicant seeking to claim registration by
  712  default under this subparagraph must notify the agency clerk of
  713  the department, in writing, of the intent to rely upon the
  714  default registration provision of this subparagraph and may not
  715  take any action based upon the default registration until after
  716  receipt of such notice by the agency clerk.
  717         4. A private airport of public interest must obtain a
  718  certificate from the department before allowing aircraft
  719  operations. The department shall issue a certificate after a
  720  final inspection finds the airport to be in compliance with all
  721  certificate requirements. The certificate is subject to any
  722  reasonable conditions the department deems necessary to protect
  723  the public. A private airport that was engaged in operations
  724  associated with a private airport of public interest on or
  725  before July 1, 2025, must obtain a certificate from the
  726  department by July 1, 2030.
  727         (b) The department may license a public airport that does
  728  not meet standards only if it determines that such exception is
  729  justified by unusual circumstances or is in the interest of
  730  public convenience and does not endanger the public health,
  731  safety, or welfare. Such a license shall bear the designation
  732  “special” and shall state the conditions subject to which the
  733  license is granted.
  734         (c) A temporary airport license or registration shall be
  735  valid for less than 30 days and is not renewable. The department
  736  may not approve a subsequent temporary airport registration
  737  application for the same general location if the purpose or
  738  effect is to evade otherwise applicable airport permitting or
  739  licensure requirements.
  740         (d)1. Each public airport license shall expire no later
  741  than 1 year after the effective date of the license, except that
  742  the expiration date of a license may be adjusted to provide a
  743  maximum license period of 18 months to facilitate airport
  744  inspections, recognize seasonal airport operations, or improve
  745  administrative efficiency.
  746         2. Registration for private airports shall remain valid
  747  provided specific elements of airport data, established by the
  748  department, are periodically recertified by the airport
  749  registrant. The ability to recertify private airport
  750  registration data shall be available at all times by electronic
  751  submittal. A private airport registration that has not been
  752  recertified in the 24-month period following the last
  753  certification shall expire, unless the registration period has
  754  been adjusted by the department for purposes of informing
  755  private airport owners of their registration responsibilities or
  756  promoting administrative efficiency. The expiration date of the
  757  current registration period will be clearly identifiable from
  758  the state aviation facility data system.
  759         3. The effective date and expiration date shall be shown on
  760  public airport licenses. Upon receiving an application for
  761  renewal of an airport license in a form and manner prescribed by
  762  the department and receiving a favorable inspection report
  763  indicating compliance with all applicable requirements and
  764  conditions, the department shall renew the license, subject to
  765  any conditions deemed necessary to protect the public health,
  766  safety, or welfare.
  767         4. The department may require a new site approval for any
  768  airport if the license or registration has expired.
  769         5. If the renewal application for a public airport license
  770  has not been received by the department or no private airport
  771  registration recertification has been accomplished within 15
  772  days after the date of expiration, the department may revoke the
  773  airport license or registration.
  774         6. After initial registration, the department may issue a
  775  certificate to a private airport of public interest if the
  776  airport is found, after a physical inspection, to be in
  777  compliance with all certificate requirements. The certificate is
  778  subject to any reasonable condition that the department deems
  779  necessary to protect the public health, safety, or welfare. A
  780  private airport of public interest certificate expires 5 years
  781  after the effective date of the certificate.
  782         (e) The department may revoke, or refuse to allow or issue,
  783  any airport registration or recertification, or any license or
  784  license renewal, if it determines:
  785         1. That the site has been abandoned as an airport;
  786         2. That the airport does not comply with the conditions of
  787  the license, license renewal, or site approval;
  788         3. That the airport has become either unsafe or unusable
  789  for flight operation due to physical or legal changes in
  790  conditions that were the subject of approval; or
  791         4. That an airport required to file or update a security
  792  plan pursuant to paragraph (f) has failed to do so.
  793         (f)1. After initial licensure, a license of a publicly or
  794  privately owned general aviation airport that is open to the
  795  public, that has at least one runway greater than 4,999 feet in
  796  length, and that does not host scheduled passenger-carrying
  797  commercial service operations regulated under 14 C.F.R. part 139
  798  shall not be renewed or reissued unless an approved security
  799  plan has been filed with the department, except when the
  800  department determines that the airport is working in good faith
  801  toward completion and filing of the plan.
  802         2. Security plans required by this paragraph must be
  803  developed in accordance with the 2004 Security Planning for
  804  General Aviation Airports guidelines published by the Florida
  805  Airports Council. Certain administrative data from the approved
  806  security plan shall be submitted to the Department of Law
  807  Enforcement, in a format prescribed by the Department of Law
  808  Enforcement, for use in protecting critical infrastructure of
  809  the state.
  810         3. The department shall not approve a security plan for
  811  filing unless it is consistent with Florida Airports Council
  812  guidelines.
  813         4. An airport required to file a security plan pursuant to
  814  this paragraph shall update its plan at least once every 2 years
  815  after the initial filing date and file the updated plan with the
  816  department. The department shall review the updated plan prior
  817  to approving it for filing to determine whether it is consistent
  818  with Florida Airports Council guidelines. No renewal license
  819  shall be issued to the airport unless the department approves
  820  the updated security plan or determines that the airport is
  821  working in good faith to update it.
  822         (4) EXCEPTIONS.—Private airports with 10 or more based
  823  aircraft may request to be inspected and licensed by the
  824  department. Private airports licensed according to this
  825  subsection shall be considered private airports as defined in s.
  826  330.27 s. 330.27(5) in all other respects.
  827         Section 11. Section 331.371, Florida Statutes, is amended
  828  to read:
  829         331.371 Strategic space infrastructure investment.—
  830         (1) In consultation with Space Florida, the Department of
  831  Transportation may fund spaceport discretionary capacity
  832  improvement projects, as defined in s. 331.303, at up to 100
  833  percent of the project’s cost if:
  834         (a)(1) Important access and on-spaceport-territory space
  835  transportation capacity improvements are provided;
  836         (b)(2) Capital improvements that strategically position the
  837  state to maximize opportunities in international trade are
  838  achieved;
  839         (c)(3) Goals of an integrated intermodal transportation
  840  system for the state are achieved; and
  841         (d)(4) Feasibility and availability of matching funds
  842  through federal, local, or private partners are demonstrated.
  843         (2)(a) In consultation with the Department of Commerce and
  844  the Department of Environmental Protection, the Department of
  845  Transportation may fund infrastructure projects, and projects
  846  associated with critical infrastructure facilities as defined in
  847  s. 692.201, within or outside of a spaceport territory as long
  848  as the project supports aerospace or launch support facilities
  849  within an adjacent spaceport territory boundary.
  850         (b) The Department of Transportation, the Department of
  851  Commerce, and the Department of Environmental Protection shall
  852  coordinate in funding projects under this subsection to optimize
  853  the use of available funds.
  854         Section 12. Section 332.003, Florida Statutes, is amended
  855  to read:
  856         332.003 Florida Airport Development and Accountability
  857  Assistance Act; short title.—Sections 332.003-332.007 may be
  858  cited as the “Florida Airport Development and Accountability
  859  Assistance Act.”
  860         Section 13. Section 332.005, Florida Statutes, is amended
  861  to read:
  862         332.005 Restrictions on authority of Department of
  863  Transportation.—
  864         (1) This act specifically prohibits the Department of
  865  Transportation from regulating commercial air carriers operating
  866  within the state pursuant to federal authority and regulations;
  867  from participating in or exercising control in the management
  868  and operation of a sponsor’s airport, except when officially
  869  requested by the sponsor; or from expanding the design or
  870  operational capability of the department in the area of airport
  871  and aviation consultants’ contract work, other than to provide
  872  technical assistance as requested.
  873         (2)(a) Notwithstanding subsection (1), upon the declaration
  874  of a state of emergency issued by the Governor in preparation
  875  for or in response to a natural disaster, airports shall, at no
  876  cost to the state, provide the Department of Transportation with
  877  the opportunity to use any property that is not within the air
  878  navigation facility as defined in s. 332.01(4) for the staging
  879  of equipment and personnel to support emergency preparedness and
  880  response operations.
  881         (b) After 60 days of use under paragraph (a), any further
  882  use of airport property by the Department of Transportation must
  883  be conducted pursuant to a written agreement between the airport
  884  and the department.
  885         Section 14. Section 332.006, Florida Statutes, is amended
  886  to read:
  887         332.006 Duties and responsibilities of the Department of
  888  Transportation.—The Department of Transportation shall, within
  889  the resources provided to the department pursuant to chapter
  890  216:
  891         (1) Provide coordination and assistance for the development
  892  of a viable aviation system in this state. To support the
  893  system, a statewide aviation system plan shall be developed and
  894  periodically updated which summarizes 5-year, 10-year, and 20
  895  year airport and aviation needs within the state. The statewide
  896  aviation system plan shall be consistent with the goals of the
  897  Florida Transportation Plan developed pursuant to s. 339.155.
  898  The statewide aviation system plan shall not preempt local
  899  airport master plans adopted in compliance with federal and
  900  state requirements.
  901         (2) Advise and assist the Governor in all aviation matters.
  902         (3) Upon request, assist airport sponsors, both financially
  903  and technically, in airport master planning.
  904         (4) Upon request, provide financial and technical
  905  assistance to public agencies which operate public-use airports
  906  by making department personnel and department-owned facilities
  907  and equipment available on a cost-reimbursement basis to such
  908  agencies for special needs of limited duration. The requirement
  909  relating to reimbursement of personnel costs may be waived by
  910  the department in those cases in which the assistance provided
  911  by its personnel was of a limited nature or duration.
  912         (5) Participate in research and development programs
  913  relating to airports.
  914         (6) Administer department participation in the program of
  915  aviation and airport grants as provided for in ss. 332.003
  916  332.007.
  917         (7) Develop, promote, and distribute supporting information
  918  and educational services, including, but not limited to,
  919  educational services with a focus on retention and growth of the
  920  aviation industry workforce.
  921         (8) Encourage the maximum allocation of federal funds to
  922  local airport projects in this state.
  923         (9) Support the development of land located within the
  924  boundaries of airports for the purpose of industrial or other
  925  uses compatible with airport operations with the objective of
  926  assisting airports in this state to become fiscally self
  927  supporting. Such assistance may include providing state moneys
  928  on a matching basis to airport sponsors for capital
  929  improvements, including, but not limited to, fixed-base
  930  operation facilities, parking areas, industrial park utility
  931  systems, and road and rail transportation systems which are on
  932  airport property.
  933         Section 15. Subsection (5), paragraph (a) of subsection
  934  (7), and subsections (8) and (9) of section 332.007, Florida
  935  Statutes, are amended, and paragraph (c) is added to subsection
  936  (2) of that section, to read:
  937         332.007 Administration and financing of aviation and
  938  airport programs and projects; state plan.—
  939         (2)
  940         (c) Each commercial service airport as defined in s.
  941  332.0075 shall establish and maintain a comprehensive airport
  942  infrastructure program to ensure the ongoing preservation of
  943  airport infrastructure and facilities in safe and serviceable
  944  condition. For purposes of this paragraph, the term “airport
  945  infrastructure means the facilities, systems, and structural
  946  components of an airport necessary for the safe and efficient
  947  movement of people and goods. Beginning November 1, 2025, and
  948  annually thereafter, each commercial service airport shall
  949  provide a certification to the department, in a manner
  950  prescribed by the department, that it has established and
  951  maintains a comprehensive airport infrastructure program. The
  952  comprehensive airport infrastructure program report, and related
  953  documents and records, must be open to inspection by the
  954  department and maintained by the airport for at least 5 years.
  955  The comprehensive airport infrastructure program must, at a
  956  minimum, include all of the following:
  957         1. Identification of airport infrastructure subject to
  958  inspection and the schedule for the completion of such
  959  inspections, taking into consideration the age, type, intended
  960  use, and criticality of the infrastructure to undisrupted
  961  commercial or cargo operations.
  962         2. A preventative maintenance program for routine
  963  maintenance of airport infrastructure, for both commercial and
  964  cargo operations.
  965         3. A plan to complete any necessary repairs to, or
  966  rehabilitation or reconstruction of, airport infrastructure,
  967  including prioritization and anticipated timeframe for
  968  completion of the work.
  969         4. A progress report of inspections and their outcomes,
  970  preventative maintenance, and previously identified repair to,
  971  or rehabilitation or reconstruction of, airport infrastructure.
  972  The progress report must include any changes in timeline for
  973  completion, changes in cost estimates, and reasons any
  974  inspection, preventative maintenance, or repair or
  975  rehabilitation did not take place.
  976         (5) Only those projects or programs provided for in this
  977  act that will contribute to the implementation of the state
  978  aviation system plan, that are consistent with the energy policy
  979  of the state as defined in s. 339.08(6)(a), that are consistent
  980  with and will contribute to the implementation of any airport
  981  master plan or layout plan, and that are consistent, to the
  982  maximum extent feasible, with the approved local government
  983  comprehensive plans of the units of government in which the
  984  airport is located are eligible for the expenditure of state
  985  funds in accordance with fund participation rates and priorities
  986  established herein.
  987         (7) Subject to the availability of appropriated funds in
  988  addition to aviation fuel tax revenues, the department may
  989  participate in the capital cost of eligible public airport and
  990  aviation discretionary capacity improvement projects. The annual
  991  legislative budget request shall be based on the funding
  992  required for discretionary capacity improvement projects in the
  993  aviation and airport work program.
  994         (a) The department shall provide priority funding in
  995  support of:
  996         1. Terminal and parking expansion projects that increase
  997  capacity at airports providing commercial service in counties
  998  with a population of 500,000 or less.
  999         2. Land acquisition which provides additional capacity at
 1000  the qualifying international airport or at that airport’s
 1001  supplemental air carrier airport.
 1002         3.2. Runway and taxiway projects that add capacity or are
 1003  necessary to accommodate technological changes in the aviation
 1004  industry.
 1005         4.3. Airport access transportation projects that improve
 1006  direct airport access and are approved by the airport sponsor.
 1007         5.4. International terminal projects that increase
 1008  international gate capacity.
 1009         6. Projects that improve safety and efficiency of airport
 1010  operations.
 1011         7. Emerging technology projects, workforce development
 1012  projects, and projects that benefit the strategic intermodal
 1013  system through intermodal connectivity.
 1014         (8) The department may also fund eligible projects
 1015  performed by not-for-profit organizations and postsecondary
 1016  education institutions as defined in s. 1008.47 which support
 1017  the training of pilots, air traffic control personnel, or
 1018  aircraft maintenance technical personnel that represent a
 1019  majority of public airports in this state. Eligible projects may
 1020  include activities associated with aviation master planning,
 1021  professional education, safety and security planning, enhancing
 1022  economic development and efficiency at airports in this state,
 1023  or other planning efforts to improve the viability and safety of
 1024  airports in this state. Programs that support the transition of
 1025  honorably discharged military personnel to the aviation industry
 1026  are also eligible projects under this subsection. The department
 1027  may provide matching funds for eligible projects funded by the
 1028  Department of Commerce.
 1029         (9) The department may fund strategic airport investment
 1030  projects at up to 100 percent of the project’s cost if:
 1031         (a) Important access and on-airport capacity improvements
 1032  are provided;
 1033         (b) Capital improvements that strategically position the
 1034  state to maximize opportunities in tourism, international trade,
 1035  logistics, and the aviation industry are provided;
 1036         (c) Goals of an integrated intermodal transportation system
 1037  for the state are achieved; and
 1038         (d) Feasibility and availability of matching funds through
 1039  federal, local, or private partners are demonstrated.
 1040         Section 16. Paragraphs (a), (b), and (d) of subsection (1),
 1041  subsection (2), and paragraph (a) of subsection (5) of section
 1042  332.0075, Florida Statutes, are amended, and paragraph (c) is
 1043  added to subsection (5) of that section, to read:
 1044         332.0075 Commercial service airports; transparency and
 1045  accountability; penalty.—
 1046         (1) As used in this section, the term:
 1047         (a) “Commercial service airport” means an airport providing
 1048  commercial service, including large, medium, small, and nonhub
 1049  airports as classified a primary airport as defined in 49 U.S.C.
 1050  s. 47102 which is classified as a large, medium, or small hub
 1051  airport by the Federal Aviation Administration.
 1052         (b) “Consent agenda” means an agenda which consists of
 1053  items voted on collectively or as a group and which does not
 1054  provide the opportunity for public comment on each such item
 1055  before approval or disapproval by the governing body.
 1056         (d) “Governing body” means the governing body of the
 1057  county, municipality, or special district that operates a
 1058  commercial service airport. The term also includes an appointed
 1059  board or oversight entity serving as the governing body for
 1060  purposes of a commercial service airport on behalf of a county,
 1061  municipality, or special district.
 1062         (2) Each governing body shall establish and maintain a
 1063  website to post information relating to the operation of a
 1064  commercial service airport. The information must remain posted
 1065  on the website for 5 years or for the entirety of the period
 1066  during which the document is actively in use, whichever is
 1067  longer, and must include all of the following, including:
 1068         (a) All published notices of meetings and published meeting
 1069  agendas of the governing body.
 1070         (b) The official minutes of each meeting of the governing
 1071  body, which must shall be posted within 7 business days after
 1072  the date of the meeting in which the minutes were approved.
 1073         (c) The approved budget for the commercial service airport
 1074  for the current fiscal year, which shall be posted within 7
 1075  business days after the date of adoption. Budgets must remain on
 1076  the website for 5 2 years after the conclusion of the fiscal
 1077  year for which they were adopted.
 1078         (d) Copies of the current airport master plan and the
 1079  immediately preceding airport master plan for the commercial
 1080  service airport and a link to the current airport master plan
 1081  for the commercial service airport on the commercial service
 1082  airport’s website.
 1083         (e) A link to all financial and statistical reports for the
 1084  commercial service airport on the Federal Aviation
 1085  Administration’s website.
 1086         (f) Any contract or contract amendment for the purchase of
 1087  commodities or contractual services executed by or on behalf of
 1088  the commercial service airport in excess of the threshold amount
 1089  provided in s. 287.017 for CATEGORY FIVE, which must shall be
 1090  posted no later than 7 business days after the commercial
 1091  service airport executes the contract or contract amendment.
 1092  However, a contract or contract amendment may not reveal
 1093  information made confidential or exempt by law. Each commercial
 1094  service airport must redact confidential or exempt information
 1095  from each contract or contract amendment before posting a copy
 1096  on its website.
 1097         (g) Position and rate information for each employee of the
 1098  commercial service airport, including, at a minimum, the
 1099  employee’s position title, position description, and annual or
 1100  hourly salary. This information must shall be updated quarterly
 1101  annually.
 1102         (5)(a) Each November 1, the governing body of each
 1103  commercial service airport shall submit the following
 1104  information to the department:
 1105         1. Its approved budget for the current fiscal year.
 1106         2. Any financial reports submitted to the Federal Aviation
 1107  Administration during the previous calendar year.
 1108         3. A link to its website.
 1109         4. A statement, verified as provided in s. 92.525, that it
 1110  has complied with part III of chapter 112, chapter 287, and this
 1111  section.
 1112         5. The most recent copies of its strategic plans.
 1113         6. Contracts related to any financial awards received
 1114  through federally funded grant programs for the preceding year.
 1115         (c)A commercial service airport shall:
 1116         1. Notify the department within 48 hours after receiving a
 1117  communication or directive from a federal agency relating to
 1118  public health testing or the transfer of unauthorized aliens
 1119  into this state.
 1120         2. Notify the department as soon as is reasonably possible,
 1121  but no later than 48 hours, after the discovery of a potential
 1122  cybersecurity breach or other occurrence impacting the traveling
 1123  public, a disruption in state aviation operations directly
 1124  impacting multiple airports within this state, or an incident
 1125  occurring on airport property which requires coordination with
 1126  multiple local, state, or federal agencies.
 1127         Section 17. Section 332.15, Florida Statutes, is created to
 1128  read:
 1129         332.15 Advanced air mobility.—The Department of
 1130  Transportation shall:
 1131         (1) Address the need for vertiports, advanced air mobility,
 1132  and other advances in aviation technology in the statewide
 1133  aviation system plan required under s. 332.006(1) and, as
 1134  appropriate, in the department’s work program.
 1135         (2) Designate a subject matter expert on advanced air
 1136  mobility within the department to serve as a resource for local
 1137  jurisdictions navigating advances in aviation technology.
 1138         (3) Conduct a review of airport hazard zone regulations.
 1139         (4) In coordination with the Department of Commerce,
 1140  provide coordination and assistance for the development of a
 1141  viable advanced air mobility system plan in this state. The
 1142  department shall incorporate the plan into the statewide
 1143  aviation system plan required under s. 332.006(1) to identify
 1144  and develop statewide corridors of need and opportunities for
 1145  industry growth.
 1146         Section 18. Subsection (5) of section 334.044, Florida
 1147  Statutes, is amended, and subsections (37), (38), and (39) are
 1148  added to that section, to read:
 1149         334.044 Powers and duties of the department.—The department
 1150  shall have the following general powers and duties:
 1151         (5) To purchase, lease, or otherwise acquire property and
 1152  materials, including the purchase of promotional items as part
 1153  of public information and education campaigns for the promotion
 1154  of environmental management, scenic highways, traffic and train
 1155  safety awareness, alternatives to single-occupant vehicle
 1156  travel, commercial motor vehicle safety, workforce development,
 1157  electric vehicle use and charging stations, autonomous vehicles,
 1158  and context classification design for electric vehicles and
 1159  autonomous vehicles; to purchase, lease, or otherwise acquire
 1160  equipment and supplies; and to sell, exchange, or otherwise
 1161  dispose of any property that is no longer needed by the
 1162  department.
 1163         (37) Notwithstanding s. 287.022 or s. 287.025, to directly
 1164  enter into insurance contracts with local, national, or
 1165  international insurance companies for the purchase of insurance
 1166  coverage that the department is contractually and legally
 1167  required to provide.
 1168         (38)Notwithstanding s. 287.14, to purchase or acquire
 1169  heavy equipment and motor vehicles for roadway operations and
 1170  emergency response purposes regardless of whether the department
 1171  exchanges or ceases to operate any department-owned heavy
 1172  equipment or motor vehicles.
 1173         (39) To adopt rules for the purpose of compliance with 49
 1174  C.F.R. part 26 and any other applicable federal law.
 1175         Section 19. Subsection (1) of section 334.045, Florida
 1176  Statutes, is amended to read:
 1177         334.045 Transportation performance and productivity
 1178  standards; development; measurement; application.—
 1179         (1) The Florida Transportation Commission shall develop and
 1180  adopt measures for evaluating the performance and productivity
 1181  of the department. The measures may be both quantitative and
 1182  qualitative and must, to the maximum extent practical, assess
 1183  those factors that are within the department’s control. The
 1184  measures must, at a minimum, assess performance in the following
 1185  areas:
 1186         (a) Production;
 1187         (b) Finance and administration;
 1188         (c) Preservation of the current state system;
 1189         (d) Safety of the current state system;
 1190         (e) Capacity improvements: highways and all public
 1191  transportation modes; and
 1192         (f) The business development program established under s.
 1193  337.027 Disadvantaged business enterprise and minority business
 1194  programs.
 1195         Section 20. Subsection (3) is added to section 334.27,
 1196  Florida Statutes, to read:
 1197         334.27 Governmental transportation entities; property
 1198  acquired for transportation purposes; limitation on soil or
 1199  groundwater contamination liability.—
 1200         (3) A parking authority established under the laws of this
 1201  state or any of its counties, municipalities, or political
 1202  subdivisions shall have full power to conduct business; to
 1203  operate, manage, and control facilities; and to provide services
 1204  to contiguous geographical boundaries of such counties,
 1205  municipalities, or political subdivisions that originally
 1206  chartered such authority. The parking authority may engage in
 1207  activities outside of its chartering jurisdiction upon entering
 1208  into an interlocal agreement with the governing body of the
 1209  affected contiguous county, municipality, or political
 1210  subdivision, as applicable.
 1211         Section 21. Section 334.62, Florida Statutes, is created to
 1212  read:
 1213         334.62 Florida Transportation Academy.—The Legislature
 1214  finds that the growth and sustainability of the transportation
 1215  industry workforce is vital to the continued success and
 1216  efficiency of the state’s supply chain and economic
 1217  competitiveness. In order to prioritize the continued need for
 1218  transportation industry workforce development programs, the
 1219  Florida Transportation Academy is established within the
 1220  department. In order to support, promote, and sustain workforce
 1221  development efforts in the transportation sector, the department
 1222  may do all of the following:
 1223         (1) Coordinate with the Department of Corrections to
 1224  identify and create certification and training opportunities for
 1225  nonviolent, scheduled-release inmates and create a notification
 1226  process between the Department of Corrections and the department
 1227  for nonviolent inmates with imminent scheduled-release dates who
 1228  are expected to seek employment upon release.
 1229         (2) Coordinate with the Department of Juvenile Justice and
 1230  its educational partners to create certification and training
 1231  opportunities for eligible youth.
 1232         (3) Coordinate with veterans organizations to encourage
 1233  veterans with honorable military discharge to pursue employment
 1234  opportunities within the transportation industry, including, but
 1235  not limited to, employment as pilots, mechanics, and air traffic
 1236  controllers.
 1237         (4) Coordinate with the Department of Commerce,
 1238  CareerSource Florida, Inc., and regional business organizations,
 1239  within and outside of the transportation industry, to further
 1240  understand recruitment and retention needs and job-seeker
 1241  pipelines.
 1242         (5) Coordinate with the American Council of Engineering
 1243  Companies and the Florida Transportation Builders Association to
 1244  optimize workforce recruitment and retention and assess future
 1245  needs across the transportation industry in this state.
 1246         Section 22. Present paragraph (b) of subsection (3) of
 1247  section 335.182, Florida Statutes, is redesignated as paragraph
 1248  (c) and amended, and a new paragraph (b) is added to that
 1249  subsection, to read:
 1250         335.182 Regulation of connections to roads on State Highway
 1251  System; definitions.—
 1252         (3) As used in this act, the term:
 1253         (b)Modification of an existing connection” means the
 1254  relocation, alteration, or closure of the connection.
 1255         (c)(b) “Significant change” means:
 1256         1. A change in the use of the property, including the
 1257  development of land, structures, or facilities;, or
 1258         2. An expansion of the size of the property, structures, or
 1259  facilities causing an increase in the trip generation of the
 1260  property exceeding 25 percent more trip generation, (either peak
 1261  hour or daily,) and exceeding 100 vehicles per day more than the
 1262  existing use.
 1263         Section 23. Subsections (3) and (4) of section 335.187,
 1264  Florida Statutes, are amended to read:
 1265         335.187 Unpermitted connections; existing access permits;
 1266  nonconforming permits; modification and revocation of permits.—
 1267         (3) The department may issue a nonconforming access permit
 1268  if denying after finding that to deny an access permit would
 1269  leave the property without a reasonable means of access to the
 1270  State Highway System. The department may specify limits on the
 1271  maximum vehicular use of the connection and may condition be
 1272  conditioned on the availability of future alternative means of
 1273  access for which access permits can be obtained.
 1274         (4) After written notice and the opportunity for a hearing,
 1275  as provided for in s. 120.60, the department may modify or
 1276  revoke an access permit issued after July 1, 1988, by requiring
 1277  modification Relocation, alteration, or closure of an existing
 1278  connection if:
 1279         (a) A significant change occurs in the use, design, or
 1280  traffic flow of the connection; or
 1281         (b) It would jeopardize the safety of the public or have a
 1282  negative impact upon the operational characteristics of the
 1283  highway.
 1284         Section 24. Subsection (2) of section 337.027, Florida
 1285  Statutes, is amended to read:
 1286         337.027 Authority to implement a business development
 1287  program.—
 1288         (2) For purposes of this section, the term “small business”
 1289  means a business with yearly average gross receipts of less than
 1290  $25 $15 million for road and bridge contracts and less than $10
 1291  $6.5 million for professional and nonprofessional services
 1292  contracts. A business’ average gross receipts is determined by
 1293  averaging its annual gross receipts over the last 3 years,
 1294  including the receipts of any affiliate as defined in s.
 1295  337.165.
 1296         Section 25. Subsection (6) of section 337.11, Florida
 1297  Statutes, is amended to read:
 1298         337.11 Contracting authority of department; bids; emergency
 1299  repairs, supplemental agreements, and change orders; combined
 1300  design and construction contracts; progress payments; records;
 1301  requirements of vehicle registration.—
 1302         (6)(a) If the secretary determines that an emergency in
 1303  regard to the restoration or repair of any state transportation
 1304  facility exists such that the delay incident to giving
 1305  opportunity for competitive bidding would be detrimental to the
 1306  interests of the state, the provisions for competitive bidding
 1307  do not apply; and the department may enter into contracts for
 1308  restoration or repair without giving opportunity for competitive
 1309  bidding on such contracts. Within 30 days after such
 1310  determination and contract execution, the head of the department
 1311  shall file with the Executive Office of the Governor a written
 1312  statement of the conditions and circumstances constituting such
 1313  emergency.
 1314         (b) If the secretary determines that delays on a contract
 1315  for maintenance exist due to administrative challenges, bid
 1316  protests, defaults or terminations and the further delay would
 1317  reduce safety on the transportation facility or seriously hinder
 1318  the department’s ability to preserve the state’s investment in
 1319  that facility, competitive bidding provisions may be waived and
 1320  the department may enter into a contract for maintenance on the
 1321  facility. However, contracts for maintenance executed under the
 1322  provisions of this paragraph shall be interim in nature and
 1323  shall be limited in duration to a period of time not to exceed
 1324  the length of the delay necessary to complete the competitive
 1325  bidding process and have the contract in place.
 1326         (c) When the department determines that it is in the best
 1327  interest of the public for reasons of public concern, economy,
 1328  improved operations, or safety, and only when circumstances
 1329  dictate rapid completion of the work, the department may, up to
 1330  the amount of $500,000, enter into contracts for construction
 1331  and maintenance without advertising and receiving competitive
 1332  bids. The department may enter into such contracts only upon a
 1333  determination that the work is necessary for one of the
 1334  following reasons:
 1335         1. To ensure timely completion of projects or avoidance of
 1336  undue delay for other projects;
 1337         2. To accomplish minor repairs or construction and
 1338  maintenance activities for which time is of the essence and for
 1339  which significant cost savings would occur; or
 1340         3. To accomplish nonemergency work necessary to ensure
 1341  avoidance of adverse conditions that affect the safe and
 1342  efficient flow of traffic.
 1343  
 1344  The department shall make a good faith effort to obtain two or
 1345  more quotes, if available, from qualified contractors before
 1346  entering into any contract. The department shall give
 1347  consideration to small disadvantaged business enterprise
 1348  participation. However, when the work exists within the limits
 1349  of an existing contract, the department shall make a good faith
 1350  effort to negotiate and enter into a contract with the prime
 1351  contractor on the existing contract.
 1352         Section 26. Section 337.125, Florida Statutes, is repealed.
 1353         Section 27. Section 337.135, Florida Statutes, is repealed.
 1354         Section 28. Section 337.139, Florida Statutes, is repealed.
 1355         Section 29. Paragraph (a) of subsection (1) of section
 1356  337.18, Florida Statutes, is amended to read:
 1357         337.18 Surety bonds for construction or maintenance
 1358  contracts; requirement with respect to contract award; bond
 1359  requirements; defaults; damage assessments.—
 1360         (1)(a) A surety bond shall be required of the successful
 1361  bidder in an amount equal to the awarded contract price.
 1362  However, the department may choose, in its discretion and
 1363  applicable only to multiyear maintenance contracts, to allow for
 1364  incremental annual contract bonds that cumulatively total the
 1365  full, awarded, multiyear contract price;. The department may
 1366  also choose, in its discretion and applicable only to phased
 1367  design-build contracts under s. 337.11(7)(b), to allow the
 1368  issuance of multiple contract performance and payment bonds in
 1369  succession to align with each phase of the contract to meet the
 1370  bonding requirement in this subsection; and, at the discretion
 1371  of the Secretary of Transportation and notwithstanding any
 1372  bonding requirement under s. 337.18, to require a surety bond in
 1373  an amount that is less than the awarded contract price.
 1374         1. The department may waive the requirement for all or a
 1375  portion of a surety bond if:
 1376         a. The contract price is $250,000 or less and the
 1377  department determines that the project is of a noncritical
 1378  nature and that nonperformance will not endanger public health,
 1379  safety, or property;
 1380         b. The prime contractor is a qualified nonprofit agency for
 1381  the blind or for the other severely handicapped under s.
 1382  413.036(2); or
 1383         c. The prime contractor is using a subcontractor that is a
 1384  qualified nonprofit agency for the blind or for the other
 1385  severely handicapped under s. 413.036(2). However, the
 1386  department may not waive more than the amount of the
 1387  subcontract.
 1388         2. If the department determines that it is in the best
 1389  interests of the department to reduce the bonding requirement
 1390  for a project and that to do so will not endanger public health,
 1391  safety, or property, the department may waive the requirement of
 1392  a surety bond in an amount equal to the awarded contract price
 1393  for a project having a contract price of $250 million or more
 1394  and, in its place, may set a surety bond amount that is a
 1395  portion of the total contract price and provide an alternate
 1396  means of security for the balance of the contract amount that is
 1397  not covered by the surety bond or provide for incremental surety
 1398  bonding and provide an alternate means of security for the
 1399  balance of the contract amount that is not covered by the surety
 1400  bond. Such alternative means of security may include letters of
 1401  credit, United States bonds and notes, parent company
 1402  guarantees, and cash collateral. The department may require
 1403  alternate means of security if a surety bond is waived. The
 1404  surety on such bond shall be a surety company authorized to do
 1405  business in the state. All bonds shall be payable to the
 1406  department and conditioned for the prompt, faithful, and
 1407  efficient performance of the contract according to plans and
 1408  specifications and within the time period specified, and for the
 1409  prompt payment of all persons defined in s. 713.01 furnishing
 1410  labor, material, equipment, and supplies for work provided in
 1411  the contract; however, whenever an improvement, demolition, or
 1412  removal contract price is $25,000 or less, the security may, in
 1413  the discretion of the bidder, be in the form of a cashier’s
 1414  check, bank money order of any state or national bank, certified
 1415  check, or postal money order. The department shall adopt rules
 1416  to implement this subsection. Such rules shall include
 1417  provisions under which the department shall refuse to accept
 1418  bonds on contracts when a surety wrongfully fails or refuses to
 1419  settle or provide a defense for claims or actions arising under
 1420  a contract for which the surety previously furnished a bond.
 1421         Section 30. Subsection (3) of section 337.251, Florida
 1422  Statutes, is amended to read:
 1423         337.251 Lease of property for joint public-private
 1424  development and areas above or below department property.—
 1425         (3) A proposal must be selected by the department based on
 1426  competitive bidding, except that the department may consider
 1427  other relevant factors specified in the request for proposals.
 1428  The department may consider such factors as the value of
 1429  property exchanges, the cost of construction, and other
 1430  recurring costs for the benefit of the department by the lessee
 1431  in lieu of direct revenue to the department if such other
 1432  factors are of equal value including innovative proposals to
 1433  involve small minority businesses. The department may name a
 1434  board of advisers which may be composed of accountants, real
 1435  estate appraisers, design engineers, or other experts
 1436  experienced in the type of development proposed. The board of
 1437  advisers shall review the feasibility of the proposals,
 1438  recommend acceptance or rejection of each proposal, and rank
 1439  each feasible proposal in the order of technical feasibility and
 1440  benefit provided to the department. The board of advisers shall
 1441  be reasonably compensated for the services provided and all
 1442  department costs for evaluating the proposals shall be
 1443  reimbursed from a proposal application fee to be set by the
 1444  department and paid by the applicants. The board of advisers
 1445  shall not be subject to selection under the provisions of
 1446  chapter 287.
 1447         Section 31. Section (2) of section 337.401, Florida
 1448  Statutes, is amended to read:
 1449         337.401 Use of right-of-way for utilities subject to
 1450  regulation; permit; fees.—
 1451         (2)(a) The authority may grant to any person who is a
 1452  resident of this state, or to any corporation which is organized
 1453  under the laws of this state or licensed to do business within
 1454  this state, the use of a right-of-way for the utility in
 1455  accordance with such rules or regulations as the authority may
 1456  adopt. A utility may not be installed, located, or relocated
 1457  unless authorized by a written permit issued by the authority.
 1458  However, for public roads or publicly owned rail corridors under
 1459  the jurisdiction of the department, a utility relocation
 1460  schedule and relocation agreement may be executed in lieu of a
 1461  written permit. The permit must require the permitholder to be
 1462  responsible for any damage resulting from the issuance of such
 1463  permit. The authority may initiate injunctive proceedings as
 1464  provided in s. 120.69 to enforce provisions of this subsection
 1465  or any rule or order issued or entered into pursuant thereto. A
 1466  permit application required under this subsection by a county or
 1467  municipality having jurisdiction and control of the right-of-way
 1468  of any public road must be processed and acted upon in
 1469  accordance with the timeframes provided in subparagraphs
 1470  (7)(d)7., 8., and 9.
 1471         (b) Notwithstanding paragraph (a), a municipality may not
 1472  prohibit, or require a permit for, the installation of a public
 1473  sewer transmission line placed and maintained within and under
 1474  publicly dedicated rights-of-way as part of a septic-to-sewer
 1475  conversion where the work is being performed under permits
 1476  issued by the Department of Transportation pursuant to this
 1477  chapter and the Department of Environmental Protection, or its
 1478  delegate, pursuant to chapter 403.
 1479         Section 32. Subsection (4) of section 337.406, Florida
 1480  Statutes, is amended to read:
 1481         337.406 Unlawful use of state transportation facility
 1482  right-of-way; penalties.—
 1483         (4)(a) Camping is prohibited on any portion of the right
 1484  of-way of the State Highway System that is within 100 feet of a
 1485  bridge, causeway, overpass, or ramp.
 1486         (b) This subsection does not apply to a person who has
 1487  acquired the appropriate permits and is actively navigating the
 1488  federally designated Florida National Scenic Trail recognized by
 1489  the state in s. 260.012(6).
 1490         Section 33. Subsection (4) of section 338.227, Florida
 1491  Statutes, is amended to read:
 1492         338.227 Turnpike revenue bonds.—
 1493         (4) The Department of Transportation and the Department of
 1494  Management Services shall create and implement an outreach
 1495  program designed to enhance the participation of small minority
 1496  persons and minority business enterprises in all contracts
 1497  entered into by their respective departments for services
 1498  related to the financing of department projects for the
 1499  Strategic Intermodal System Plan developed pursuant to s.
 1500  339.64. These services shall include, but are not limited to,
 1501  bond counsel and bond underwriters.
 1502         Section 34. Subsection (6) is added to section 339.08,
 1503  Florida Statutes, to read:
 1504         339.08 Use of moneys in State Transportation Trust Fund.—
 1505         (6)(a)As used in this subsection, the term “energy policy
 1506  of the state” means the energy policy described in s. 377.601
 1507  and includes any intended or actual measure, obligation, target,
 1508  or timeframe related to a reduction in carbon dioxide emissions.
 1509         (b) The department may not expend any state funds as
 1510  described in s. 215.31 to support a project or program of any of
 1511  the following entities if such entities adopt or promote energy
 1512  policy goals inconsistent with the energy policy of the state:
 1513         1. A public transit provider as defined in s. 341.031(1).
 1514         2. An authority created pursuant to chapter 343, chapter
 1515  348, or chapter 349.
 1516         3. A public-use airport as defined in s. 332.004.
 1517         4. A port listed in s. 311.09(1).
 1518         Section 35. Section 339.0805, Florida Statutes, is
 1519  repealed.
 1520         Section 36. Paragraph (b) of subsection (3) and paragraph
 1521  (c) of subsection (4) of section 339.2821, Florida Statutes, are
 1522  amended to read:
 1523         339.2821 Economic development transportation projects.—
 1524         (3)
 1525         (b) The department must ensure that it is supportive of
 1526  small businesses as defined in s. 337.027(2) small and minority
 1527  businesses have equal access to participate in transportation
 1528  projects funded pursuant to this section.
 1529         (4) A contract between the department and a governmental
 1530  body for a transportation project must:
 1531         (c) Require that the governmental body provide the
 1532  department with progress reports. Each progress report must
 1533  contain:
 1534         1. A narrative description of the work completed and
 1535  whether the work is proceeding according to the transportation
 1536  project schedule;
 1537         2. A description of each change order executed by the
 1538  governmental body;
 1539         3. A budget summary detailing planned expenditures compared
 1540  to actual expenditures; and
 1541         4. The identity of each small or minority business used as
 1542  a contractor or subcontractor.
 1543         Section 37. Section 339.287, Florida Statutes, is repealed.
 1544         Section 38. Subsections (3) and (7) of section 339.651,
 1545  Florida Statutes, are amended to read:
 1546         339.651 Strategic Intermodal System supply chain demands.—
 1547         (3) The department may shall make up to $20 million
 1548  available each year for fiscal years 2023-2024 through 2027
 1549  2028, from the existing work program revenues, to fund projects
 1550  that meet the public purpose of providing increased capacity and
 1551  enhanced capabilities to move and store construction aggregate.
 1552  Applicants eligible for project funding under this section are
 1553  seaports listed in s. 311.09 and rail lines and rail facilities.
 1554         (7) This section shall stand repealed on July 1, 2028.
 1555         Section 39. Paragraph (b) of subsection (6) of section
 1556  341.051, Florida Statutes, is amended to read:
 1557         341.051 Administration and financing of public transit and
 1558  intercity bus service programs and projects.—
 1559         (6) ANNUAL APPROPRIATION.—
 1560         (b) If funds are allocated to projects that qualify for the
 1561  New Starts Transit Program in the current fiscal year and a
 1562  project will not be ready for production by June 30, those funds
 1563  must The remaining unallocated New Starts Transit Program funds
 1564  as of June 30, 2024, shall be reallocated for the purpose of the
 1565  Strategic Intermodal System within the State Transportation
 1566  Trust Fund for the next fiscal year. This paragraph expires June
 1567  30, 2026.
 1568  
 1569  For purposes of this section, the term “net operating costs”
 1570  means all operating costs of a project less any federal funds,
 1571  fares, or other sources of income to the project.
 1572         Section 40. Subsection (5) of section 348.754, Florida
 1573  Statutes, is amended to read:
 1574         348.754 Purposes and powers.—
 1575         (5) The authority shall encourage the inclusion of local
 1576  and small local-, small-, minority-, and women-owned businesses
 1577  in its procurement and contracting opportunities.
 1578         Section 41. Subsection (2) of section 349.03, Florida
 1579  Statutes, is amended to read:
 1580         349.03 Jacksonville Transportation Authority.—
 1581         (2) The governing body of the authority shall be composed
 1582  consist of seven members. Four Three members shall be appointed
 1583  by the Governor and confirmed by the Senate. Of the four members
 1584  appointed by the Governor, one must be a resident of Duval
 1585  County and three must be residents of Clay County, St. Johns
 1586  County, or Nassau County. Three members shall be appointed by
 1587  the mayor of the City of Jacksonville subject to confirmation by
 1588  the council of the City of Jacksonville. The seventh member
 1589  shall be the district secretary of the Department of
 1590  Transportation serving in the district that contains the City of
 1591  Jacksonville. Except for the seventh member, Members appointed
 1592  by the mayor of the City of Jacksonville must shall be residents
 1593  and qualified electors of Duval County.
 1594         Section 42. Paragraphs (j) and (m) of subsection (2) of
 1595  section 110.205, Florida Statutes, are amended to read:
 1596         110.205 Career service; exemptions.—
 1597         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1598  covered by this part include the following:
 1599         (j) The appointed secretaries and the State Surgeon
 1600  General, assistant secretaries, deputy secretaries, and deputy
 1601  assistant secretaries of all departments; the executive
 1602  directors, assistant executive directors, deputy executive
 1603  directors, and deputy assistant executive directors of all
 1604  departments; the directors of all divisions and those positions
 1605  determined by the department to have managerial responsibilities
 1606  comparable to such positions, which positions include, but are
 1607  not limited to, program directors, assistant program directors,
 1608  district administrators, deputy district administrators, the
 1609  Director of Central Operations Services of the Department of
 1610  Children and Families, the State Transportation Development
 1611  Administrator, the State Public Transportation and Modal
 1612  Administrator, district secretaries, district directors of
 1613  transportation development, transportation operations,
 1614  transportation support, and the managers of the offices of the
 1615  Department of Transportation specified in s. 20.23(4)(b) s.
 1616  20.23(3)(b). Unless otherwise fixed by law, the department shall
 1617  set the salary and benefits of these positions and the positions
 1618  of county health department directors and county health
 1619  department administrators of the Department of Health in
 1620  accordance with the rules of the Senior Management Service.
 1621         (m) All assistant division director, deputy division
 1622  director, and bureau chief positions in any department, and
 1623  those positions determined by the department to have managerial
 1624  responsibilities comparable to such positions, which include,
 1625  but are not limited to:
 1626         1. Positions in the Department of Health and the Department
 1627  of Children and Families which are assigned primary duties of
 1628  serving as the superintendent or assistant superintendent of an
 1629  institution.
 1630         2. Positions in the Department of Corrections which are
 1631  assigned primary duties of serving as the warden, assistant
 1632  warden, colonel, or major of an institution or that are assigned
 1633  primary duties of serving as the circuit administrator or deputy
 1634  circuit administrator.
 1635         3. Positions in the Department of Transportation which are
 1636  assigned primary duties of serving as regional toll managers and
 1637  managers of offices, as specified in s. 20.23(4)(b) and (5)(c)
 1638  s. 20.23(3)(b) and (4)(c).
 1639         4. Positions in the Department of Environmental Protection
 1640  which are assigned the duty of an Environmental Administrator or
 1641  program administrator.
 1642         5. Positions in the Department of Health which are assigned
 1643  the duties of Environmental Administrator, Assistant County
 1644  Health Department Director, and County Health Department
 1645  Financial Administrator.
 1646         6. Positions in the Department of Highway Safety and Motor
 1647  Vehicles which are assigned primary duties of serving as
 1648  captains in the Florida Highway Patrol.
 1649  
 1650  Unless otherwise fixed by law, the department shall set the
 1651  salary and benefits of the positions listed in this paragraph in
 1652  accordance with the rules established for the Selected Exempt
 1653  Service.
 1654         Section 43. Paragraph (d) of subsection (3) of section
 1655  322.27, Florida Statutes, is amended to read:
 1656         322.27 Authority of department to suspend or revoke driver
 1657  license or identification card.—
 1658         (3) There is established a point system for evaluation of
 1659  convictions of violations of motor vehicle laws or ordinances,
 1660  and violations of applicable provisions of s. 403.413(6)(b) when
 1661  such violations involve the use of motor vehicles, for the
 1662  determination of the continuing qualification of any person to
 1663  operate a motor vehicle. The department is authorized to suspend
 1664  the license of any person upon showing of its records or other
 1665  good and sufficient evidence that the licensee has been
 1666  convicted of violation of motor vehicle laws or ordinances, or
 1667  applicable provisions of s. 403.413(6)(b), amounting to 12 or
 1668  more points as determined by the point system. The suspension
 1669  shall be for a period of not more than 1 year.
 1670         (d) The point system shall have as its basic element a
 1671  graduated scale of points assigning relative values to
 1672  convictions of the following violations:
 1673         1. Reckless driving, willful and wanton—4 points.
 1674         2. Leaving the scene of a crash resulting in property
 1675  damage of more than $50—6 points.
 1676         3. Unlawful speed, or unlawful use of a wireless
 1677  communications device, resulting in a crash—6 points.
 1678         4. Passing a stopped school bus:
 1679         a. Not causing or resulting in serious bodily injury to or
 1680  death of another—4 points.
 1681         b. Causing or resulting in serious bodily injury to or
 1682  death of another—6 points.
 1683         c. Points may not be imposed for a violation of passing a
 1684  stopped school bus as provided in s. 316.172(1)(a) or (b) when
 1685  enforced by a school bus infraction detection system pursuant to
 1686  s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
 1687  when enforced by a school bus infraction detection system
 1688  pursuant to s. 316.173 may not be used for purposes of setting
 1689  motor vehicle insurance rates.
 1690         5. Unlawful speed:
 1691         a. Not in excess of 15 miles per hour of lawful or posted
 1692  speed—3 points.
 1693         b. In excess of 15 miles per hour of lawful or posted
 1694  speed—4 points.
 1695         c. Points may not be imposed for a violation of unlawful
 1696  speed as provided in s. 316.1895 or s. 316.183 when enforced by
 1697  a traffic infraction enforcement officer pursuant to s.
 1698  316.1896. In addition, a violation of s. 316.1895 or s. 316.183
 1699  when enforced by a traffic infraction enforcement officer
 1700  pursuant to s. 316.1896 may not be used for purposes of setting
 1701  motor vehicle insurance rates.
 1702         6. A violation of a traffic control signal device as
 1703  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
 1704  However, points may not be imposed for a violation of s.
 1705  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
 1706  stop at a traffic signal and when enforced by a traffic
 1707  infraction enforcement officer. In addition, a violation of s.
 1708  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
 1709  stop at a traffic signal and when enforced by a traffic
 1710  infraction enforcement officer may not be used for purposes of
 1711  setting motor vehicle insurance rates.
 1712         7. Unlawfully driving a vehicle through a railroad-highway
 1713  grade crossing—6 points.
 1714         8. All other moving violations (including parking on a
 1715  highway outside the limits of a municipality)—3 points. However,
 1716  points may not be imposed for a violation of s. 316.0741 or s.
 1717  316.2065(11); and points may be imposed for a violation of s.
 1718  316.1001 only when imposed by the court after a hearing pursuant
 1719  to s. 318.14(5).
 1720         9. Any moving violation covered in this paragraph,
 1721  excluding unlawful speed and unlawful use of a wireless
 1722  communications device, resulting in a crash—4 points.
 1723         10. Any conviction under s. 403.413(6)(b)—3 points.
 1724         11. Any conviction under s. 316.0775(2)—4 points.
 1725         12. A moving violation covered in this paragraph which is
 1726  committed in conjunction with the unlawful use of a wireless
 1727  communications device within a school safety zone—2 points, in
 1728  addition to the points assigned for the moving violation.
 1729         Section 44. Subsection (13) of section 365.172, Florida
 1730  Statutes, is amended to read:
 1731         365.172 Emergency communications.—
 1732         (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
 1733  IMPLEMENTATION.—To balance the public need for reliable
 1734  emergency communications services through reliable wireless
 1735  systems and the public interest served by governmental zoning
 1736  and land development regulations and notwithstanding any other
 1737  law or local ordinance to the contrary, the following standards
 1738  shall apply to a local government’s actions, as a regulatory
 1739  body, in the regulation of the placement, construction, or
 1740  modification of a wireless communications facility. This
 1741  subsection may not, however, be construed to waive or alter the
 1742  provisions of s. 286.011 or s. 286.0115. For the purposes of
 1743  this subsection only, “local government” shall mean any
 1744  municipality or county and any agency of a municipality or
 1745  county only. The term “local government” does not, however,
 1746  include any airport, as defined in s. 330.27 by s. 330.27(2),
 1747  even if it is owned or controlled by or through a municipality,
 1748  county, or agency of a municipality or county. Further,
 1749  notwithstanding anything in this section to the contrary, this
 1750  subsection does not apply to or control a local government’s
 1751  actions as a property or structure owner in the use of any
 1752  property or structure owned by such entity for the placement,
 1753  construction, or modification of wireless communications
 1754  facilities. In the use of property or structures owned by the
 1755  local government, however, a local government may not use its
 1756  regulatory authority so as to avoid compliance with, or in a
 1757  manner that does not advance, the provisions of this subsection.
 1758         (a) Colocation among wireless providers is encouraged by
 1759  the state.
 1760         1.a. Colocations on towers, including nonconforming towers,
 1761  that meet the requirements in sub-sub-subparagraphs (I), (II),
 1762  and (III), are subject to only building permit review, which may
 1763  include a review for compliance with this subparagraph. Such
 1764  colocations are not subject to any design or placement
 1765  requirements of the local government’s land development
 1766  regulations in effect at the time of the colocation that are
 1767  more restrictive than those in effect at the time of the initial
 1768  antennae placement approval, to any other portion of the land
 1769  development regulations, or to public hearing review. This sub
 1770  subparagraph may not preclude a public hearing for any appeal of
 1771  the decision on the colocation application.
 1772         (I) The colocation does not increase the height of the
 1773  tower to which the antennae are to be attached, measured to the
 1774  highest point of any part of the tower or any existing antenna
 1775  attached to the tower;
 1776         (II) The colocation does not increase the ground space
 1777  area, commonly known as the compound, approved in the site plan
 1778  for equipment enclosures and ancillary facilities; and
 1779         (III) The colocation consists of antennae, equipment
 1780  enclosures, and ancillary facilities that are of a design and
 1781  configuration consistent with all applicable regulations,
 1782  restrictions, or conditions, if any, applied to the initial
 1783  antennae placed on the tower and to its accompanying equipment
 1784  enclosures and ancillary facilities and, if applicable, applied
 1785  to the tower supporting the antennae. Such regulations may
 1786  include the design and aesthetic requirements, but not
 1787  procedural requirements, other than those authorized by this
 1788  section, of the local government’s land development regulations
 1789  in effect at the time the initial antennae placement was
 1790  approved.
 1791         b. Except for a historic building, structure, site, object,
 1792  or district, or a tower included in sub-subparagraph a.,
 1793  colocations on all other existing structures that meet the
 1794  requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
 1795  to no more than building permit review, and an administrative
 1796  review for compliance with this subparagraph. Such colocations
 1797  are not subject to any portion of the local government’s land
 1798  development regulations not addressed herein, or to public
 1799  hearing review. This sub-subparagraph may not preclude a public
 1800  hearing for any appeal of the decision on the colocation
 1801  application.
 1802         (I) The colocation does not increase the height of the
 1803  existing structure to which the antennae are to be attached,
 1804  measured to the highest point of any part of the structure or
 1805  any existing antenna attached to the structure;
 1806         (II) The colocation does not increase the ground space
 1807  area, otherwise known as the compound, if any, approved in the
 1808  site plan for equipment enclosures and ancillary facilities;
 1809         (III) The colocation consists of antennae, equipment
 1810  enclosures, and ancillary facilities that are of a design and
 1811  configuration consistent with any applicable structural or
 1812  aesthetic design requirements and any requirements for location
 1813  on the structure, but not prohibitions or restrictions on the
 1814  placement of additional colocations on the existing structure or
 1815  procedural requirements, other than those authorized by this
 1816  section, of the local government’s land development regulations
 1817  in effect at the time of the colocation application; and
 1818         (IV) The colocation consists of antennae, equipment
 1819  enclosures, and ancillary facilities that are of a design and
 1820  configuration consistent with all applicable restrictions or
 1821  conditions, if any, that do not conflict with sub-sub
 1822  subparagraph (III) and were applied to the initial antennae
 1823  placed on the structure and to its accompanying equipment
 1824  enclosures and ancillary facilities and, if applicable, applied
 1825  to the structure supporting the antennae.
 1826         c. Regulations, restrictions, conditions, or permits of the
 1827  local government, acting in its regulatory capacity, that limit
 1828  the number of colocations or require review processes
 1829  inconsistent with this subsection do not apply to colocations
 1830  addressed in this subparagraph.
 1831         d. If only a portion of the colocation does not meet the
 1832  requirements of this subparagraph, such as an increase in the
 1833  height of the proposed antennae over the existing structure
 1834  height or a proposal to expand the ground space approved in the
 1835  site plan for the equipment enclosure, where all other portions
 1836  of the colocation meet the requirements of this subparagraph,
 1837  that portion of the colocation only may be reviewed under the
 1838  local government’s regulations applicable to an initial
 1839  placement of that portion of the facility, including, but not
 1840  limited to, its land development regulations, and within the
 1841  review timeframes of subparagraph (d)2., and the rest of the
 1842  colocation shall be reviewed in accordance with this
 1843  subparagraph. A colocation proposal under this subparagraph that
 1844  increases the ground space area, otherwise known as the
 1845  compound, approved in the original site plan for equipment
 1846  enclosures and ancillary facilities by no more than a cumulative
 1847  amount of 400 square feet or 50 percent of the original compound
 1848  size, whichever is greater, shall, however, require no more than
 1849  administrative review for compliance with the local government’s
 1850  regulations, including, but not limited to, land development
 1851  regulations review, and building permit review, with no public
 1852  hearing review. This sub-subparagraph does not preclude a public
 1853  hearing for any appeal of the decision on the colocation
 1854  application.
 1855         2. If a colocation does not meet the requirements of
 1856  subparagraph 1., the local government may review the application
 1857  under the local government’s regulations, including, but not
 1858  limited to, land development regulations, applicable to the
 1859  placement of initial antennae and their accompanying equipment
 1860  enclosure and ancillary facilities.
 1861         3. If a colocation meets the requirements of subparagraph
 1862  1., the colocation may not be considered a modification to an
 1863  existing structure or an impermissible modification of a
 1864  nonconforming structure.
 1865         4. The owner of the existing tower on which the proposed
 1866  antennae are to be colocated shall remain responsible for
 1867  compliance with any applicable condition or requirement of a
 1868  permit or agreement, or any applicable condition or requirement
 1869  of the land development regulations to which the existing tower
 1870  had to comply at the time the tower was permitted, including any
 1871  aesthetic requirements, provided the condition or requirement is
 1872  not inconsistent with this paragraph.
 1873         5. An existing tower, including a nonconforming tower, may
 1874  be structurally modified in order to permit colocation or may be
 1875  replaced through no more than administrative review and building
 1876  permit review, and is not subject to public hearing review, if
 1877  the overall height of the tower is not increased and, if a
 1878  replacement, the replacement tower is a monopole tower or, if
 1879  the existing tower is a camouflaged tower, the replacement tower
 1880  is a like-camouflaged tower. This subparagraph may not preclude
 1881  a public hearing for any appeal of the decision on the
 1882  application.
 1883         (b)1. A local government’s land development and
 1884  construction regulations for wireless communications facilities
 1885  and the local government’s review of an application for the
 1886  placement, construction, or modification of a wireless
 1887  communications facility shall only address land development or
 1888  zoning issues. In such local government regulations or review,
 1889  the local government may not require information on or evaluate
 1890  a wireless provider’s business decisions about its service,
 1891  customer demand for its service, or quality of its service to or
 1892  from a particular area or site, unless the wireless provider
 1893  voluntarily offers this information to the local government. In
 1894  such local government regulations or review, a local government
 1895  may not require information on or evaluate the wireless
 1896  provider’s designed service unless the information or materials
 1897  are directly related to an identified land development or zoning
 1898  issue or unless the wireless provider voluntarily offers the
 1899  information. Information or materials directly related to an
 1900  identified land development or zoning issue may include, but are
 1901  not limited to, evidence that no existing structure can
 1902  reasonably be used for the antennae placement instead of the
 1903  construction of a new tower, that residential areas cannot be
 1904  served from outside the residential area, as addressed in
 1905  subparagraph 3., or that the proposed height of a new tower or
 1906  initial antennae placement or a proposed height increase of a
 1907  modified tower, replacement tower, or colocation is necessary to
 1908  provide the provider’s designed service. Nothing in this
 1909  paragraph shall limit the local government from reviewing any
 1910  applicable land development or zoning issue addressed in its
 1911  adopted regulations that does not conflict with this section,
 1912  including, but not limited to, aesthetics, landscaping, land
 1913  use-based location priorities, structural design, and setbacks.
 1914         2. Any setback or distance separation required of a tower
 1915  may not exceed the minimum distance necessary, as determined by
 1916  the local government, to satisfy the structural safety or
 1917  aesthetic concerns that are to be protected by the setback or
 1918  distance separation.
 1919         3. A local government may exclude the placement of wireless
 1920  communications facilities in a residential area or residential
 1921  zoning district but only in a manner that does not constitute an
 1922  actual or effective prohibition of the provider’s service in
 1923  that residential area or zoning district. If a wireless provider
 1924  demonstrates to the satisfaction of the local government that
 1925  the provider cannot reasonably provide its service to the
 1926  residential area or zone from outside the residential area or
 1927  zone, the municipality or county and provider shall cooperate to
 1928  determine an appropriate location for a wireless communications
 1929  facility of an appropriate design within the residential area or
 1930  zone. The local government may require that the wireless
 1931  provider reimburse the reasonable costs incurred by the local
 1932  government for this cooperative determination. An application
 1933  for such cooperative determination may not be considered an
 1934  application under paragraph (d).
 1935         4. A local government may impose a reasonable fee on
 1936  applications to place, construct, or modify a wireless
 1937  communications facility only if a similar fee is imposed on
 1938  applicants seeking other similar types of zoning, land use, or
 1939  building permit review. A local government may impose fees for
 1940  the review of applications for wireless communications
 1941  facilities by consultants or experts who conduct code compliance
 1942  review for the local government but any fee is limited to
 1943  specifically identified reasonable expenses incurred in the
 1944  review. A local government may impose reasonable surety
 1945  requirements to ensure the removal of wireless communications
 1946  facilities that are no longer being used.
 1947         5. A local government may impose design requirements, such
 1948  as requirements for designing towers to support colocation or
 1949  aesthetic requirements, except as otherwise limited in this
 1950  section, but may not impose or require information on compliance
 1951  with building code type standards for the construction or
 1952  modification of wireless communications facilities beyond those
 1953  adopted by the local government under chapter 553 and that apply
 1954  to all similar types of construction.
 1955         (c) Local governments may not require wireless providers to
 1956  provide evidence of a wireless communications facility’s
 1957  compliance with federal regulations, except evidence of
 1958  compliance with applicable Federal Aviation Administration
 1959  requirements under 14 C.F.R. part 77, as amended, and evidence
 1960  of proper Federal Communications Commission licensure, or other
 1961  evidence of Federal Communications Commission authorized
 1962  spectrum use, but may request the Federal Communications
 1963  Commission to provide information as to a wireless provider’s
 1964  compliance with federal regulations, as authorized by federal
 1965  law.
 1966         (d)1. A local government shall grant or deny each properly
 1967  completed application for a colocation under subparagraph (a)1.
 1968  based on the application’s compliance with the local
 1969  government’s applicable regulations, as provided for in
 1970  subparagraph (a)1. and consistent with this subsection, and
 1971  within the normal timeframe for a similar building permit review
 1972  but in no case later than 45 business days after the date the
 1973  application is determined to be properly completed in accordance
 1974  with this paragraph.
 1975         2. A local government shall grant or deny each properly
 1976  completed application for any other wireless communications
 1977  facility based on the application’s compliance with the local
 1978  government’s applicable regulations, including but not limited
 1979  to land development regulations, consistent with this subsection
 1980  and within the normal timeframe for a similar type review but in
 1981  no case later than 90 business days after the date the
 1982  application is determined to be properly completed in accordance
 1983  with this paragraph.
 1984         3.a. An application is deemed submitted or resubmitted on
 1985  the date the application is received by the local government. If
 1986  the local government does not notify the applicant in writing
 1987  that the application is not completed in compliance with the
 1988  local government’s regulations within 20 business days after the
 1989  date the application is initially submitted or additional
 1990  information resubmitted, the application is deemed, for
 1991  administrative purposes only, to be properly completed and
 1992  properly submitted. However, the determination may not be deemed
 1993  as an approval of the application. If the application is not
 1994  completed in compliance with the local government’s regulations,
 1995  the local government shall so notify the applicant in writing
 1996  and the notification must indicate with specificity any
 1997  deficiencies in the required documents or deficiencies in the
 1998  content of the required documents which, if cured, make the
 1999  application properly completed. Upon resubmission of information
 2000  to cure the stated deficiencies, the local government shall
 2001  notify the applicant, in writing, within the normal timeframes
 2002  of review, but in no case longer than 20 business days after the
 2003  additional information is submitted, of any remaining
 2004  deficiencies that must be cured. Deficiencies in document type
 2005  or content not specified by the local government do not make the
 2006  application incomplete. Notwithstanding this sub-subparagraph,
 2007  if a specified deficiency is not properly cured when the
 2008  applicant resubmits its application to comply with the notice of
 2009  deficiencies, the local government may continue to request the
 2010  information until such time as the specified deficiency is
 2011  cured. The local government may establish reasonable timeframes
 2012  within which the required information to cure the application
 2013  deficiency is to be provided or the application will be
 2014  considered withdrawn or closed.
 2015         b. If the local government fails to grant or deny a
 2016  properly completed application for a wireless communications
 2017  facility within the timeframes set forth in this paragraph, the
 2018  application shall be deemed automatically approved and the
 2019  applicant may proceed with placement of the facilities without
 2020  interference or penalty. The timeframes specified in
 2021  subparagraph 2. may be extended only to the extent that the
 2022  application has not been granted or denied because the local
 2023  government’s procedures generally applicable to all other
 2024  similar types of applications require action by the governing
 2025  body and such action has not taken place within the timeframes
 2026  specified in subparagraph 2. Under such circumstances, the local
 2027  government must act to either grant or deny the application at
 2028  its next regularly scheduled meeting or, otherwise, the
 2029  application is deemed to be automatically approved.
 2030         c. To be effective, a waiver of the timeframes set forth in
 2031  this paragraph must be voluntarily agreed to by the applicant
 2032  and the local government. A local government may request, but
 2033  not require, a waiver of the timeframes by the applicant, except
 2034  that, with respect to a specific application, a one-time waiver
 2035  may be required in the case of a declared local, state, or
 2036  federal emergency that directly affects the administration of
 2037  all permitting activities of the local government.
 2038         (e) The replacement of or modification to a wireless
 2039  communications facility, except a tower, that results in a
 2040  wireless communications facility not readily discernibly
 2041  different in size, type, and appearance when viewed from ground
 2042  level from surrounding properties, and the replacement or
 2043  modification of equipment that is not visible from surrounding
 2044  properties, all as reasonably determined by the local
 2045  government, are subject to no more than applicable building
 2046  permit review.
 2047         (f) Any other law to the contrary notwithstanding, the
 2048  Department of Management Services shall negotiate, in the name
 2049  of the state, leases for wireless communications facilities that
 2050  provide access to state government-owned property not acquired
 2051  for transportation purposes, and the Department of
 2052  Transportation shall negotiate, in the name of the state, leases
 2053  for wireless communications facilities that provide access to
 2054  property acquired for state rights-of-way. On property acquired
 2055  for transportation purposes, leases shall be granted in
 2056  accordance with s. 337.251. On other state government-owned
 2057  property, leases shall be granted on a space available, first
 2058  come, first-served basis. Payments required by state government
 2059  under a lease must be reasonable and must reflect the market
 2060  rate for the use of the state government-owned property. The
 2061  Department of Management Services and the Department of
 2062  Transportation are authorized to adopt rules for the terms and
 2063  conditions and granting of any such leases.
 2064         (g) If any person adversely affected by any action, or
 2065  failure to act, or regulation, or requirement of a local
 2066  government in the review or regulation of the wireless
 2067  communication facilities files an appeal or brings an
 2068  appropriate action in a court or venue of competent
 2069  jurisdiction, following the exhaustion of all administrative
 2070  remedies, the matter shall be considered on an expedited basis.
 2071         Section 45. Subsection (2) of section 379.2293, Florida
 2072  Statutes, is amended to read:
 2073         379.2293 Airport activities within the scope of a federally
 2074  approved wildlife hazard management plan or a federal or state
 2075  permit or other authorization for depredation or harassment.—
 2076         (2) An airport authority or other entity owning or
 2077  operating an airport, as defined in s. 330.27 s. 330.27(2), is
 2078  not subject to any administrative or civil penalty, restriction,
 2079  or other sanction with respect to any authorized action taken in
 2080  a non-negligent manner for the purpose of protecting human life
 2081  or aircraft safety from wildlife hazards.
 2082         Section 46. Subsection (22) of section 493.6101, Florida
 2083  Statutes, is amended to read:
 2084         493.6101 Definitions.—
 2085         (22) “Repossession” means the recovery of a motor vehicle
 2086  as defined under s. 320.01(1), a mobile home as defined in s.
 2087  320.01(2), a motorboat as defined under s. 327.02, an aircraft
 2088  as defined in s. 330.27 s. 330.27(1), a personal watercraft as
 2089  defined in s. 327.02, an all-terrain vehicle as defined in s.
 2090  316.2074, farm equipment as defined under s. 686.402, or
 2091  industrial equipment, by an individual who is authorized by the
 2092  legal owner, lienholder, or lessor to recover, or to collect
 2093  money payment in lieu of recovery of, that which has been sold
 2094  or leased under a security agreement that contains a
 2095  repossession clause. As used in this subsection, the term
 2096  “industrial equipment” includes, but is not limited to,
 2097  tractors, road rollers, cranes, forklifts, backhoes, and
 2098  bulldozers. The term “industrial equipment” also includes other
 2099  vehicles that are propelled by power other than muscular power
 2100  and that are used in the manufacture of goods or used in the
 2101  provision of services. A repossession is complete when a
 2102  licensed recovery agent is in control, custody, and possession
 2103  of such repossessed property. Property that is being repossessed
 2104  shall be considered to be in the control, custody, and
 2105  possession of a recovery agent if the property being repossessed
 2106  is secured in preparation for transport from the site of the
 2107  recovery by means of being attached to or placed on the towing
 2108  or other transport vehicle or if the property being repossessed
 2109  is being operated or about to be operated by an employee of the
 2110  recovery agency.
 2111         Section 47. Paragraph (c) of subsection (1) of section
 2112  493.6403, Florida Statutes, is amended to read:
 2113         493.6403 License requirements.—
 2114         (1) In addition to the license requirements set forth in
 2115  this chapter, each individual or agency shall comply with the
 2116  following additional requirements:
 2117         (c) An applicant for a Class “E” license shall have at
 2118  least 1 year of lawfully gained, verifiable, full-time
 2119  experience in one, or a combination of more than one, of the
 2120  following:
 2121         1. Repossession of motor vehicles as defined in s.
 2122  320.01(1), mobile homes as defined in s. 320.01(2), motorboats
 2123  as defined in s. 327.02, aircraft as defined in s. 330.27 s.
 2124  330.27(1), personal watercraft as defined in s. 327.02, all
 2125  terrain vehicles as defined in s. 316.2074, farm equipment as
 2126  defined under s. 686.402, or industrial equipment as defined in
 2127  s. 493.6101(22).
 2128         2. Work as a Class “EE” licensed intern.
 2129         Section 48. This act shall take effect July 1, 2025.