Florida Senate - 2025 CS for CS for CS for SB 1662
By the Committee on Appropriations; the Appropriations Committee
on Transportation, Tourism, and Economic Development; the
Committee on Transportation; and Senator Collins
576-03701-25 20251662c3
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 of Transportation; providing for
20 membership of the institute; requiring the department
21 to select a member to serve as the administrative lead
22 of the institute; requiring the Secretary of
23 Transportation to appoint a representative of the
24 department to serve as the executive director of the
25 institute; requiring the department to coordinate with
26 the members of the institute to adopt certain
27 policies; authorizing the institute to award certain
28 grants; authorizing the department to allocate funds
29 to the institute from the State Transportation Trust
30 Fund; authorizing the institute to expend funds for
31 certain operations and programs; requiring the
32 institute to submit an annual report to the Secretary
33 of Transportation and the commission; revising the
34 department’s areas of program responsibility; amending
35 s. 311.07, F.S.; providing that certain spaceport and
36 space industry-related facility projects and
37 commercial shipbuilding and manufacturing facility
38 projects are eligible for grant funding under the
39 Florida Seaport Transportation and Economic
40 Development Program; amending s. 311.09, F.S.;
41 revising the purpose of the Florida Seaport
42 Transportation and Economic Development Council;
43 requiring that the Florida Seaport Mission Plan
44 include certain recommendations; requiring each port
45 member of the council to submit a certain semiannual
46 report to the department; amending s. 311.10, F.S.;
47 requiring seaports located in specified counties to
48 include certain statements in any agreement with the
49 department as a condition of receiving certain grants
50 or state funds; requiring that express approval for
51 certain seaport conversions be obtained by specified
52 entities upon recommendation by the funding agency;
53 defining the term “cargo purposes”; amending s.
54 311.101, F.S.; revising the definition of the term
55 “intermodal logistics center”; creating an intermodal
56 logistics center working group within the department;
57 providing the composition of the working group
58 membership; specifying that members of the working
59 group serve without compensation but are eligible for
60 per diem and travel expenses; providing
61 responsibilities of the working group; requiring the
62 working group to submit a report to the Governor and
63 the Legislature by a specified date; providing for the
64 future repeal of the working group; amending s.
65 316.003, F.S.; revising the definition of the term
66 “special mobile equipment”; repealing s. 316.0741,
67 F.S., relating to high-occupancy-vehicle lanes;
68 amending s. 316.0745, F.S.; deleting language limiting
69 the state funds that may be withheld due to certain
70 violations by a public body or official to state funds
71 for traffic control purposes; providing that such
72 violations are cause for the withholding of state
73 funds deposited in the State Transportation Trust
74 Fund; amending s. 316.550, F.S.; authorizing the
75 department to issue a mobile crane special blanket
76 permit for certain purposes; amending s. 320.084,
77 F.S.; providing for disabled veteran motor vehicle
78 license plates in lieu of “DV” motor vehicle license
79 plates; revising construction; amending s. 320.0848,
80 F.S.; conforming a provision to changes made by the
81 act; amending s. 330.27, F.S.; revising definitions
82 and defining terms; amending s. 330.30, F.S.;
83 requiring a private airport of public interest to
84 obtain a certain certificate from the department
85 before allowing aircraft operations; requiring certain
86 private airports to obtain a certain certificate from
87 the department by a specified date; creating s.
88 330.355, F.S.; prohibiting publicly owned airports
89 from charging a landing fee established on or after a
90 specified date for certain aircraft operations;
91 amending s. 331.371, F.S.; authorizing the department,
92 in consultation with the Department of Commerce and
93 the Department of Environmental Protection, to fund
94 certain infrastructure projects and projects
95 associated with certain critical infrastructure
96 projects; requiring such departments to coordinate in
97 funding certain projects for a specified purpose;
98 amending s. 332.003, F.S.; revising a short title;
99 amending s. 332.005, F.S.; requiring airports to
100 provide the Department of Transportation with the
101 opportunity to use certain airport property for a
102 specified purpose during a declared state of
103 emergency; requiring that such use be conducted
104 pursuant to a written agreement after a certain period
105 of use; amending s. 332.006, F.S.; deleting a
106 requirement that the department meet certain duties
107 and responsibilities within the resources provided
108 pursuant to a specified chapter; providing duties and
109 responsibilities of the department relating to certain
110 educational services; amending s. 332.007, F.S.;
111 requiring commercial service airports to establish and
112 maintain a certain program; defining the term “airport
113 infrastructure”; requiring that such airports provide
114 a certain annual certification to the department;
115 requiring that a certain program report be open to
116 department inspection and maintained for a specified
117 period; providing requirements for such program;
118 revising the list of projects for which the department
119 must provide priority funding; authorizing the
120 department to fund eligible projects performed by
121 certain organizations and postsecondary education
122 institutions; providing that certain programs are
123 eligible projects; authorizing the department to
124 provide certain matching funds; revising the
125 circumstances in which the department may fund
126 strategic airport investment projects; amending s.
127 332.0075, F.S.; revising definitions; requiring that
128 certain information remain posted on a governing
129 body’s website for a certain period; revising the
130 information that must be included on such website;
131 requiring the quarterly, rather than annual, update of
132 certain information; revising information that the
133 governing body of a commercial service airport must
134 submit to the department annually; requiring a
135 commercial service airport to provide certain
136 notifications to the department; creating s. 332.15,
137 F.S.; requiring the department to address certain
138 needs in the statewide aviation system plan and the
139 department’s work program, designate a certain subject
140 matter expert, conduct a specified review, and, in
141 coordination with the Department of Commerce, provide
142 certain coordination and assistance for the
143 development of a viable advanced air mobility system
144 plan; amending s. 334.044, F.S.; revising the general
145 powers and duties of the department; amending s.
146 334.045, F.S.; requiring certain measures developed
147 and adopted by the Florida Transportation Commission
148 to assess performance in a specified business
149 development program, instead of disadvantaged business
150 enterprise and minority business programs; amending s.
151 334.27, F.S.; providing powers of certain parking
152 authorities; authorizing parking authorities to engage
153 in certain activities upon entering into an interlocal
154 agreement with certain political subdivisions;
155 creating s. 334.62, F.S.; providing legislative
156 findings; establishing the Florida Transportation
157 Academy within the department; authorizing the
158 department to coordinate with certain entities for
159 specified purposes; amending s. 335.182, F.S.;
160 defining the term “modification of an existing
161 connection”; revising the definition of the term
162 “significant change”; amending s. 335.187, F.S.;
163 authorizing the department to modify or revoke certain
164 access permits by requiring modification of an
165 existing connection in certain circumstances; amending
166 s. 337.027, F.S.; revising the definition of the term
167 “small business”; authorizing the department to
168 provide notice of certain opportunities; amending s.
169 337.11, F.S.; requiring the department to give
170 consideration to small business participation, instead
171 of disadvantaged business enterprise participation;
172 repealing s. 337.125, F.S., relating to socially and
173 economically disadvantaged business enterprises and
174 notice requirements; repealing s. 337.135, F.S.,
175 relating to socially and economically disadvantaged
176 business enterprises and punishment for false
177 representation; repealing s. 337.139, F.S., relating
178 to efforts to encourage awarding contracts to
179 disadvantaged business enterprises; amending s.
180 337.18, F.S.; authorizing the Secretary of
181 Transportation to require a surety bond in an amount
182 that is less than the awarded contract price; amending
183 s. 337.251, F.S.; revising factors that may be
184 considered by the department when selecting certain
185 proposals; amending s. 337.401, F.S.; prohibiting a
186 municipality from prohibiting, or requiring a permit
187 for, the installation of certain public sewer
188 transmission lines; amending s. 337.406, F.S.;
189 prohibiting camping on any portion of the right-of-way
190 of the State Highway System; providing applicability;
191 amending s. 338.227, F.S.; revising the purpose for
192 which the department and the Department of Management
193 Services shall create and implement a certain outreach
194 program; amending s. 339.08, F.S.; defining the term
195 “energy policy of the state”; prohibiting the
196 department from expending state funds to support
197 projects or programs of certain entities in certain
198 circumstances; repealing s. 339.0805, F.S., relating
199 to funds to be expended with certified disadvantaged
200 business enterprises, a construction management
201 development program, and a bond guarantee program;
202 amending s. 339.135, F.S.; requiring that funds for
203 rural transit operating block grants be allocated in a
204 certain manner; amending s. 339.2821, F.S.; requiring
205 the department to ensure that it is supportive of
206 small businesses, rather than ensuring that small and
207 minority businesses have equal access to participation
208 in certain transportation projects; repealing s.
209 339.287, F.S., relating to electric vehicle charging
210 stations and infrastructure plan development; amending
211 s. 339.63, F.S.; deleting the definition of the term
212 “intermodal logistics center”; amending s. 339.651,
213 F.S.; authorizing, rather than requiring, the
214 department to make a certain amount available from the
215 existing work program to fund certain projects
216 annually; deleting the scheduled repeal of provisions
217 relating to Strategic Intermodal System supply chain
218 demands; amending s. 341.051, F.S.; providing for the
219 reallocation of certain funds; deleting the scheduled
220 repeal of provisions providing for the reallocation of
221 certain funds; amending s. 341.052, F.S.; revising the
222 list of providers to which certain block grant funds
223 shall be provided; revising the specified report used
224 to verify certain data; creating s. 341.0525, F.S.;
225 creating a rural transit operating block grant program
226 to be administered by the department; requiring the
227 annual allocation of certain funds from the State
228 Transportation Trust Fund for the program; providing
229 for the distribution of funds to each eligible public
230 transit provider in at least a certain amount;
231 providing authorized uses of grant funds; prohibiting
232 state participation in certain costs above a specified
233 percentage or amount; prohibiting an eligible public
234 transit provider from using block grant funds in a
235 certain manner; providing an exception; prohibiting
236 the state from giving a county more than a specified
237 percentage of available funds or a certain amount;
238 providing eligibility requirements; requiring an
239 eligible provider to return funds under certain
240 circumstances; authorizing the department to consult
241 with an eligible provider before distributing funds to
242 make a certain determination; requiring an eligible
243 provider to repay to the department funds expended on
244 unauthorized uses if revealed in an audit; requiring
245 the department to redistribute returned and repaid
246 funds to other eligible providers; amending s.
247 348.754, F.S.; revising the types of businesses the
248 Central Florida Expressway Authority is required to
249 encourage the inclusion of in certain opportunities;
250 amending s. 349.03, F.S.; revising membership
251 requirements for the governing body of the
252 Jacksonville Transportation Authority; amending ss.
253 110.205, 322.27, 365.172, 379.2293, 493.6101, and
254 493.6403, F.S.; conforming cross-references and
255 provisions to changes made by the act; providing an
256 effective date.
257
258 Be It Enacted by the Legislature of the State of Florida:
259
260 Section 1. Present subsections (3) through (6) of section
261 20.23, Florida Statutes, are redesignated as subsections (4)
262 through (7), respectively, a new subsection (3) is added to that
263 section, and paragraph (d) of subsection (1), paragraphs (a),
264 (b), and (g) of subsection (2), and paragraph (b) of present
265 subsection (3) of that section are amended, to read:
266 20.23 Department of Transportation.—There is created a
267 Department of Transportation which shall be a decentralized
268 agency.
269 (1)
270 (d) The secretary may appoint up to three assistant
271 secretaries, who shall serve as the Chief Operations Officer,
272 Chief Finance and Administration Officer, and Chief Strategic
273 Development Officer, respectively; be directly responsible to
274 the secretary; and who shall perform such duties as are assigned
275 by the secretary. The secretary may also appoint an Executive
276 Director of Transportation Technology. Such assistant secretary
277 and executive director positions are exempt from career service
278 pursuant to s. 110.205(2)(j) and are included in the Senior
279 Management Service. The secretary shall designate to an
280 assistant secretary the duties related to enhancing economic
281 prosperity, including, but not limited to, the responsibility of
282 liaison with the head of economic development in the Executive
283 Office of the Governor. Such assistant secretary shall be
284 directly responsible for providing the Executive Office of the
285 Governor with investment opportunities and transportation
286 projects that expand the state’s role as a global hub for trade
287 and investment and enhance the supply chain system in the state
288 to process, assemble, and ship goods to markets throughout the
289 eastern United States, Canada, the Caribbean, and Latin America.
290 The secretary may delegate to any assistant secretary the
291 authority to act in the absence of the secretary.
292 (2)(a)1. The Florida Transportation Commission is hereby
293 created and shall be composed consist of nine members appointed
294 by the Governor subject to confirmation by the Senate. Members
295 of the commission shall serve terms of 4 years each.
296 2. Members shall be appointed in such a manner as to
297 equitably represent all geographic areas of the state. Each
298 member must be a registered voter and a citizen of the state. At
299 least three members of the commission must be representatives of
300 or possess expertise in the higher education, transportation, or
301 workforce development industries Each member of the commission
302 must also possess business managerial experience in the private
303 sector.
304 3. A member of the commission shall represent the
305 transportation needs of the state as a whole and may not
306 subordinate the needs of the state to those of any particular
307 area of the state.
308 4. The commission is assigned to the Office of the
309 Secretary of the Department of Transportation for administrative
310 and fiscal accountability purposes, but it shall otherwise
311 function independently of the control and direction of the
312 department.
313 (b) The commission shall:
314 1. Recommend major transportation policies for the
315 Governor’s approval and assure that approved policies and any
316 revisions are properly executed.
317 2. Periodically review the status of the state
318 transportation system, including highway, transit, rail,
319 seaport, intermodal development, and aviation components of the
320 system, and recommend improvements to the Governor and the
321 Legislature.
322 3. Perform an in-depth evaluation of the annual department
323 budget request, the Florida Transportation Plan, and the
324 tentative work program for compliance with all applicable laws
325 and established departmental policies. Except as specifically
326 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
327 not consider individual construction projects but shall consider
328 methods of accomplishing the goals of the department in the most
329 effective, efficient, and businesslike manner.
330 4. Monitor the financial status of the department on a
331 regular basis to assure that the department is managing revenue
332 and bond proceeds responsibly and in accordance with law and
333 established policy.
334 5. Monitor on at least a quarterly basis the efficiency,
335 productivity, and management of the department using performance
336 and production standards developed by the commission pursuant to
337 s. 334.045.
338 6. Perform an in-depth evaluation of the factors causing
339 disruption of project schedules in the adopted work program and
340 recommend to the Governor and the Legislature methods to
341 eliminate or reduce the disruptive effects of these factors.
342 7. Recommend to the Governor and the Legislature
343 improvements to the department’s organization in order to
344 streamline and optimize the efficiency of the department. In
345 reviewing the department’s organization, the commission shall
346 determine if the current district organizational structure is
347 responsive to this state’s changing economic and demographic
348 development patterns. The report by the commission must be
349 delivered to the Governor and the Legislature by December 15
350 each year, as appropriate. The commission may retain experts as
351 necessary to carry out this subparagraph, and the department
352 shall pay the expenses of the experts.
353 8. Monitor the efficiency, productivity, and management of
354 the agencies and authorities created under chapters 348 and 349;
355 the Mid-Bay Bridge Authority re-created pursuant to chapter
356 2000-411, Laws of Florida; and any authority formed under
357 chapter 343; and any transit entity that receives funding under
358 the public transit block grant program pursuant to s. 341.052.
359 The commission shall also conduct periodic reviews of each
360 agency’s and authority’s operations and budget, acquisition of
361 property, management of revenue and bond proceeds, and
362 compliance with applicable laws and generally accepted
363 accounting principles.
364 (g) A member of the commission shall follow the standards
365 of conduct for public officers provided in s. 112.313 may not
366 have any interest, direct or indirect, in any contract,
367 franchise, privilege, or other benefit granted or awarded by the
368 department during the term of his or her appointment and for 2
369 years after the termination of such appointment.
370 (3) The Legislature finds that the transportation industry
371 is critical to the economic future of this state and that the
372 competitiveness of the industry in this state depends upon the
373 development and maintenance of a qualified workforce and
374 cutting-edge research and innovation. The Legislature further
375 finds that the transportation industry in this state has varied
376 and complex workforce needs ranging from technical and
377 mechanical training to continuing education opportunities for
378 workers with advanced degrees and certifications. The timely
379 need also exists for coordinated research and innovation efforts
380 to promote emerging technologies and innovative construction
381 methods and tools and to address alternative funding mechanisms.
382 It is the intent of the Legislature to support programs designed
383 to address the workforce development needs of the state’s
384 transportation industry.
385 (a) The Florida Transportation Research Institute is
386 created as a consortium of higher education professionals. The
387 purpose of the institute is to drive cutting-edge research,
388 innovation, transformational technologies, and breakthrough
389 solutions and to support workforce development efforts that
390 contribute to this state’s transportation industry.
391 (b) The mission of the institute is to advance the state’s
392 transportation infrastructure and systems through research,
393 education, and engagement for a safer and more efficient,
394 resilient, and innovative movement of people and goods
395 throughout this state.
396 (c) The institute shall report to the department and shall
397 be composed of members from the University of Florida, Indian
398 River State College, the University of Central Florida, the
399 University of South Florida, and Florida International
400 University. The department shall select a member to serve as the
401 administrative lead of the institute. The department shall
402 assess the performance of the administrative lead periodically
403 to ensure accountability and assess the attainment of
404 performance goals.
405 (d) The Secretary of Transportation shall appoint a
406 representative of the department to serve as the executive
407 director of the institute. The department shall coordinate with
408 the members of the institute to adopt policies establishing the
409 institute’s executive committee and mission statement.
410 (e) The institute may award grants in alignment with its
411 purpose. Such grants may be directed to member and nonmember
412 institutions that have a proven expertise relevant to the grant,
413 including not-for-profit organizations and institutions of
414 higher education.
415 (f) The department may allocate funds to the institute from
416 the State Transportation Trust Fund. The institute may expend
417 such funds for the institute’s operations and programs to
418 support research and innovation projects that provide solutions
419 for this state’s transportation needs.
420 (g) The institute shall submit an annual report of
421 performance metrics to the Secretary of Transportation and the
422 commission. The report must include, but is not limited to,
423 expenditures of funds allocated to the institute by the
424 department, ongoing and proposed research efforts, and the
425 application and success of past research efforts.
426 (4)(3)
427 (b) The secretary may appoint positions at the level of
428 deputy assistant secretary or director which the secretary deems
429 necessary to accomplish the mission and goals of the department,
430 including, but not limited to, the areas of program
431 responsibility provided in this paragraph, each of whom shall be
432 appointed by and serve at the pleasure of the secretary. The
433 secretary may combine, separate, or delete offices as needed in
434 consultation with the Executive Office of the Governor. The
435 department’s areas of program responsibility include, but are
436 not limited to, all of the following:
437 1. Administration.
438 2. Planning.
439 3. Supply chain and modal development.
440 4. Design.
441 5. Highway operations.
442 6. Right-of-way.
443 7. Toll operations.
444 8. Transportation technology.
445 9. Information technology systems.
446 10. Motor carrier weight inspection.
447 11. Work program and budget.
448 12. Comptroller.
449 13. Construction.
450 14. Statewide corridors.
451 15. Maintenance.
452 16. Forecasting and performance.
453 17. Emergency management.
454 18. Safety.
455 19. Materials.
456 20. Infrastructure and innovation.
457 21. Permitting.
458 22. Traffic operations.
459 23. Operational technology.
460 Section 2. Paragraph (b) of subsection (3) of section
461 311.07, Florida Statutes, is amended to read:
462 311.07 Florida seaport transportation and economic
463 development funding.—
464 (3)
465 (b) Projects eligible for funding by grants under the
466 program are limited to the following port facilities or port
467 transportation projects:
468 1. Transportation facilities within the jurisdiction of the
469 port.
470 2. The dredging or deepening of channels, turning basins,
471 or harbors.
472 3. The construction or rehabilitation of wharves, docks,
473 structures, jetties, piers, storage facilities, cruise
474 terminals, automated people mover systems, or any facilities
475 necessary or useful in connection with any of the foregoing.
476 4. The acquisition of vessel tracking systems, container
477 cranes, or other mechanized equipment used in the movement of
478 cargo or passengers in international commerce.
479 5. The acquisition of land to be used for port purposes.
480 6. The acquisition, improvement, enlargement, or extension
481 of existing port facilities.
482 7. Environmental protection projects which are necessary
483 because of requirements imposed by a state agency as a condition
484 of a permit or other form of state approval; which are necessary
485 for environmental mitigation required as a condition of a state,
486 federal, or local environmental permit; which are necessary for
487 the acquisition of spoil disposal sites and improvements to
488 existing and future spoil sites; or which result from the
489 funding of eligible projects listed in this paragraph.
490 8. Transportation facilities as defined in s. 334.03(30)
491 which are not otherwise part of the Department of
492 Transportation’s adopted work program.
493 9. Intermodal access projects.
494 10. Construction or rehabilitation of port facilities as
495 defined in s. 315.02, excluding any park or recreational
496 facilities, in ports listed in s. 311.09(1) with operating
497 revenues of $5 million or less, provided that such projects
498 create economic development opportunities, capital improvements,
499 and positive financial returns to such ports.
500 11. Seaport master plan or strategic plan development or
501 updates, including the purchase of data to support such plans.
502 12. Spaceport or space industry-related planning or
503 construction of facilities on seaport property which are
504 necessary or useful for advancing the space industry in this
505 state and provide an economic benefit to this state.
506 13. Commercial shipbuilding and manufacturing facilities on
507 seaport property, if such projects provide an economic benefit
508 to the community in which the seaport is located.
509 Section 3. Subsections (1) and (3) of section 311.09,
510 Florida Statutes, are amended to read:
511 311.09 Florida Seaport Transportation and Economic
512 Development Council.—
513 (1) The Florida Seaport Transportation and Economic
514 Development Council is created within the Department of
515 Transportation. The purpose of the council is to support the
516 growth of seaports in this state through review, development,
517 and financing of port transportation and port facilities. The
518 council is composed consists of the following 18 members: the
519 port director, or the port director’s designee, of each of the
520 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce,
521 Palm Beach, Port Everglades, Miami, Port Manatee, St.
522 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
523 Pensacola, Key West, and Fernandina; the secretary of the
524 Department of Transportation or his or her designee; and the
525 secretary of the Department of Commerce or his or her designee.
526 (3) The council shall prepare a 5-year Florida Seaport
527 Mission Plan defining the goals and objectives of the council
528 concerning the development of port facilities and an intermodal
529 transportation system consistent with the goals of the Florida
530 Transportation Plan developed pursuant to s. 339.155. The
531 Florida Seaport Mission Plan shall include specific
532 recommendations for the construction of transportation
533 facilities connecting any port to another transportation mode,
534 the construction of transportation facilities connecting any
535 port to the space and aerospace industries, and for the
536 efficient, cost-effective development of transportation
537 facilities or port facilities for the purpose of enhancing
538 trade, promoting cargo flow, increasing cruise passenger
539 movements, increasing port revenues, and providing economic
540 benefits to the state. The council shall develop a priority list
541 of projects based on these recommendations annually and submit
542 the list to the Department of Transportation. The council shall
543 update the 5-year Florida Seaport Mission Plan annually and
544 shall submit the plan no later than February 1 of each year to
545 the President of the Senate, the Speaker of the House of
546 Representatives, the Department of Commerce, and the Department
547 of Transportation. The council shall develop programs, based on
548 an examination of existing programs in Florida and other states,
549 for the training of minorities and secondary school students in
550 job skills associated with employment opportunities in the
551 maritime industry, and report on progress and recommendations
552 for further action to the President of the Senate and the
553 Speaker of the House of Representatives annually. Each port
554 member of the council shall submit a semiannual report related
555 to his or her port’s operations and support of the state’s
556 economic competitiveness and supply chain. Reports must be
557 submitted to the Department of Transportation and include any
558 information required by the Department of Transportation in
559 consultation with the Department of Commerce. Such reports must
560 include, but are not limited to, all of the following
561 information:
562 (a) Bulk break capacity.
563 (b) Liquid storage and capacity.
564 (c) Fuel storage and capacity.
565 (d) Container capacity.
566 (e) A description of any supply chain disruption.
567 Section 4. Subsection (4) is added to section 311.10,
568 Florida Statutes, to read:
569 311.10 Strategic Port Investment Initiative.—
570 (4) As a condition of receiving a project grant under any
571 program established in this chapter and as a condition of
572 receiving state funds as described in s. 215.31, a seaport
573 located in any county identified in s. 331.304(1), (5), or (7)
574 must include in any agreement with the Department of
575 Transportation that the seaport may not convert any planned or
576 existing land, facility, or infrastructure designated for cargo
577 purposes to any alternative purpose unless the conversion is
578 approved by the seaport at a publicly noticed meeting as a
579 separate line item on the agenda and with a reasonable
580 opportunity for public comment. If the conversion is approved by
581 the seaport, express approval must be obtained by the Florida
582 Seaport Transportation and Economic Development Council and the
583 Florida Transportation Commission upon recommendation by the
584 funding agency. As used in this subsection, the term “cargo
585 purposes” includes, but is not limited to, any facility,
586 activity, property, energy source, or infrastructure asset that
587 supports spaceport activities.
588 Section 5. Present subsection (8) of section 311.101,
589 Florida Statutes, is redesignated as subsection (9), a new
590 subsection (8) is added to that section, and subsection (2) of
591 that section is amended, to read:
592 311.101 Intermodal Logistics Center Infrastructure Support
593 Program.—
594 (2) For the purposes of this section, the term “intermodal
595 logistics center,” including, but not limited to, an “inland
596 port,” means a facility or group of facilities serving as a
597 point of intermodal transfer of freight in a specific area
598 physically separated from a seaport where activities relating to
599 transport, logistics, goods distribution, consolidation, or
600 value-added activities are carried out and whose activities and
601 services are designed to support or be supported by conveyance
602 or shipping through one or more seaports listed in s. 311.09 or
603 airports as defined in s. 330.27.
604 (8)(a) There is created within the Department of
605 Transportation an intermodal logistics center working group. The
606 purpose of the working group is to coordinate the planning and
607 development of intermodal logistics centers across this state.
608 The working group shall be composed of the following members:
609 1. The Secretary of Transportation, or his or her designee.
610 2. The Secretary of Commerce, or his or her designee.
611 3. The Commissioner of Agriculture, or his or her designee.
612 4. One member from a seaport listed in s. 311.09(1),
613 appointed by the Secretary of Transportation.
614 5. One member from an airport, appointed by the Secretary
615 of Transportation.
616 6. One member from an intermodal logistics center,
617 appointed by the Secretary of Transportation.
618 7. One member from the agricultural industry, appointed by
619 the Commissioner of Agriculture.
620 8. One member from the trucking industry, appointed by the
621 Secretary of Transportation.
622 9. One member from the freight rail industry, appointed by
623 the Secretary of Transportation.
624 10. One member from the passenger rail industry, appointed
625 by the Secretary of Transportation.
626 11. One member from a business located within an intermodal
627 logistics center, appointed by the Secretary of Commerce.
628 12. One member from a local workforce development board
629 created pursuant to chapter 445, appointed by the president of
630 CareerSource Florida, Inc.
631 (b) The Secretary of Transportation, or his or her
632 designee, shall serve as the chair of the working group. The
633 Secretary of Commerce, or his or her designee, shall serve as
634 vice chair of the working group.
635 (c) Members of the working group shall serve without
636 compensation but are eligible for per diem and travel expenses
637 pursuant to s. 112.061.
638 (d) The working group is responsible for all of the
639 following:
640 1. Conducting a study of regional needs regarding
641 intermodal logistics centers, including a breakdown of urban
642 versus rural locations for intermodal logistics centers.
643 2. Determining the statewide benefits of intermodal
644 logistics centers.
645 3. Evaluating the impact of existing and proposed freight
646 and passenger rail service on existing rail corridors and the
647 need for any additional rail capacity.
648 4. Evaluating key criteria used by the state to expand and
649 develop the intermodal logistics center network through the use
650 of the Strategic Intermodal System created pursuant to ss.
651 339.61-339.651, including any recommended changes to state law.
652 5. Evaluating the readiness of existing and proposed
653 locations for intermodal logistics centers and developing a list
654 of improvements that may be necessary to attract businesses to
655 those centers.
656 6. Evaluating and recommending potential state policies
657 that would enhance the development of a long-term statewide
658 strategy regarding intermodal logistics centers.
659 7. Evaluating the operations of freight logistics zones as
660 defined in s. 311.103(1), including the processes for their
661 designation and funding.
662 (e) On or before January 1, 2027, the working group shall
663 submit a report to the Governor, the President of the Senate,
664 and the Speaker of the House of Representatives providing the
665 working group’s findings and recommendations regarding the
666 responsibilities listed in paragraph (d).
667 (f) This subsection is repealed on June 30, 2027.
668 Section 6. Subsection (83) of section 316.003, Florida
669 Statutes, is amended to read:
670 316.003 Definitions.—The following words and phrases, when
671 used in this chapter, shall have the meanings respectively
672 ascribed to them in this section, except where the context
673 otherwise requires:
674 (83) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or
675 used primarily for the transportation of persons or property and
676 only incidentally operated or moved over a highway, including,
677 but not limited to, ditchdigging apparatus, well-boring
678 apparatus, and road construction and maintenance machinery, such
679 as asphalt spreaders, bituminous mixers, bucket loaders,
680 tractors other than truck tractors, ditchers, leveling graders,
681 finishing machines, motor graders, road rollers, scarifiers,
682 earthmoving carryalls and scrapers, power shovels and draglines,
683 mobile and self-propelled cranes and accessory support vehicles,
684 and earthmoving equipment. The term does not include house
685 trailers, dump trucks, truck-mounted transit mixers, cranes or
686 shovels, or other vehicles designed for the transportation of
687 persons or property to which machinery has been attached.
688 Section 7. Section 316.0741, Florida Statutes, is repealed.
689 Section 8. Subsection (7) of section 316.0745, Florida
690 Statutes, is amended to read:
691 316.0745 Uniform signals and devices.—
692 (7) The Department of Transportation may, upon receipt and
693 investigation of reported noncompliance and after hearing
694 pursuant to 14 days’ notice, direct the removal of any purported
695 traffic control device that fails to meet the requirements of
696 this section, wherever the device is located and without regard
697 to assigned responsibility under s. 316.1895. The public agency
698 erecting or installing the same shall immediately bring it into
699 compliance with the requirements of this section or remove said
700 device or signal upon the direction of the Department of
701 Transportation and may not, for a period of 5 years, install any
702 replacement or new traffic control devices paid for in part or
703 in full with revenues raised by the state unless written prior
704 approval is received from the Department of Transportation. Any
705 additional violation by a public body or official shall be cause
706 for the withholding of state funds deposited in the State
707 Transportation Trust Fund for traffic control purposes until
708 such public body or official demonstrates to the Department of
709 Transportation that it is complying with this section.
710 Section 9. Subsection (3) of section 316.550, Florida
711 Statutes, is amended to read:
712 316.550 Operations not in conformity with law; special
713 permits.—
714 (3) Notwithstanding subsection (2), the Department of
715 Transportation may issue a mobile crane special blanket permit
716 for any of the following purposes:
717 (a) To authorize a mobile crane to operate on and A permit
718 may authorize a self-propelled truck crane operating off the
719 Interstate Highway System while towing to tow a motor vehicle
720 that which does not weigh more than 5,000 pounds if the combined
721 weight of the crane and such motor vehicle does not exceed
722 95,000 pounds. Notwithstanding s. 320.01(7) or (12), mobile
723 truck cranes that tow another motor vehicle under the provision
724 of this subsection shall be taxed under the provisions of s.
725 320.08(5)(b).
726 (b) To authorize a mobile crane and accessory support
727 vehicles that are up to 12 feet in width, 14 feet 6 inches in
728 height, and 100 feet in length to operate on and off the
729 Interstate Highway System at all hours except as restricted
730 under a local travel-related curfew.
731 (c) To authorize a mobile crane and accessory support
732 vehicles that, due to their design for special use, exceed the
733 weight limits established in s. 316.535 to operate on and off
734 the Interstate Highway System.
735 Section 10. Subsections (1) and (3), paragraphs (a) and (c)
736 of subsection (4), and subsection (6) of section 320.084,
737 Florida Statutes, are amended to read:
738 320.084 Free motor vehicle license plate to certain
739 disabled veterans.—
740 (1) One free disabled veteran “DV” motor vehicle license
741 number plate shall be issued by the department for use on any
742 motor vehicle owned or leased by any disabled veteran who has
743 been a resident of this state continuously for the preceding 5
744 years or has established a domicile in this state as provided by
745 s. 222.17(1), (2), or (3), and who has been honorably discharged
746 from the United States Armed Forces, upon application,
747 accompanied by proof that:
748 (a) A vehicle was initially acquired through financial
749 assistance by the United States Department of Veterans Affairs
750 or its predecessor specifically for the purchase of an
751 automobile;
752 (b) The applicant has been determined by the United States
753 Department of Veterans Affairs or its predecessor to have a
754 service-connected 100-percent disability rating for
755 compensation; or
756 (c) The applicant has been determined to have a service
757 connected disability rating of 100 percent and is in receipt of
758 disability retirement pay from any branch of the United States
759 Armed Services.
760 (3) The department shall, as it deems necessary, require
761 each person to whom a motor vehicle license plate has been
762 issued pursuant to subsection (1) to apply to the department for
763 reissuance of his or her registration license plate. Upon
764 receipt of the application and proof of the applicant’s
765 continued eligibility, the department shall issue a new
766 permanent disabled veteran “DV” numerical motor vehicle license
767 plate which shall be of the colors red, white, and blue similar
768 to the colors of the United States flag. The operation of a
769 motor vehicle displaying a disabled veteran “DV” license plate
770 from a previous issue period or a noncurrent validation sticker
771 after the date specified by the department shall subject the
772 owner if he or she is present, otherwise the operator, to the
773 penalty provided in s. 318.18(2). Such permanent license plate
774 shall be removed upon sale of the vehicle, but may be
775 transferred to another vehicle owned by such veteran in the
776 manner prescribed by law. The license number of each plate
777 issued under this section shall be identified by the letter
778 designation “DV.” Upon request of any such veteran, the
779 department is authorized to issue a designation plate containing
780 only the letters “DV,” to be displayed on the front of the
781 vehicle.
782 (4)(a) With the issuance of each new permanent disabled
783 veteran “DV” numerical motor vehicle license plate, the
784 department shall initially issue, without cost to the applicant,
785 a validation sticker reflecting the owner’s birth month and a
786 serially numbered validation sticker reflecting the year of
787 expiration. The initial sticker reflecting the year of
788 expiration may not exceed 27 months.
789 (c) Registration under this section shall be renewed
790 annually or biennially during the applicable renewal period on
791 forms prescribed by the department, which shall include, in
792 addition to any other information required by the department, a
793 certified statement as to the continued eligibility of the
794 applicant to receive the special disabled veteran “DV” license
795 plate. Any applicant who falsely or fraudulently submits to the
796 department the certified statement required by this paragraph is
797 guilty of a noncriminal violation and is subject to a civil
798 penalty of $50.
799 (6)(a) A disabled veteran who meets the requirements of
800 subsection (1) may be issued, in lieu of the disabled veteran
801 “DV” license plate, a military license plate for which he or she
802 is eligible or a specialty license plate embossed with the
803 initials “DV” in the top left-hand corner. A disabled veteran
804 electing a military license plate or specialty license plate
805 under this subsection must pay all applicable fees related to
806 such license plate, except for fees otherwise waived under
807 subsections (1) and (4).
808 (b) A military license plate or specialty license plate
809 elected under this subsection:
810 1. Does not provide the protections or rights afforded by
811 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041.
812 2. is not eligible for the international symbol of
813 accessibility as described in s. 320.0842.
814 Section 11. Paragraph (e) of subsection (2) of section
815 320.0848, Florida Statutes, is amended to read:
816 320.0848 Persons who have disabilities; issuance of
817 disabled parking permits; temporary permits; permits for certain
818 providers of transportation services to persons who have
819 disabilities.—
820 (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
821 MOBILITY PROBLEMS.—
822 (e) A person who qualifies for a disabled parking permit
823 under this section may be issued an international wheelchair
824 user symbol license plate under s. 320.0843 in lieu of the
825 disabled parking permit; or, if the person qualifies for a
826 disabled veteran “DV” license plate under s. 320.084, such a
827 license plate may be issued to him or her in lieu of a disabled
828 parking permit.
829 Section 12. Section 330.27, Florida Statutes, is amended to
830 read:
831 330.27 Definitions, when used in ss. 330.29-330.39.—
832 (1) “Air ambulance operation” means a flight with a patient
833 or medical personnel on board for the purpose of medical
834 transportation.
835 (2) “Aircraft” means a powered or unpowered machine or
836 device capable of atmospheric flight, including, but not limited
837 to, an airplane, an autogyro, a glider, a gyrodyne, a
838 helicopter, a lift and cruise, a multicopter, paramotors, a
839 powered lift, a seaplane, a tiltrotor, an ultralight, and a
840 vectored thrust. The term does not include except a parachute or
841 other such device used primarily as safety equipment.
842 (3)(2) “Airport” means a specific an area of land or water
843 or a structure used for, or intended to be used for, aircraft
844 operations, which may include landing and takeoff of aircraft,
845 including appurtenant areas, buildings, facilities, or rights
846 of-way necessary to facilitate such use or intended use. The
847 term includes, but is not limited to, airparks, airports,
848 gliderports, heliports, helistops, seaplane bases, ultralight
849 flightparks, vertiports, and vertistops.
850 (4) “Commercial air tour operation” means a flight
851 conducted for compensation or hire in an aircraft where a
852 purpose of the flight is sightseeing.
853 (5) “Commuter operation” means any scheduled operation
854 conducted by a person operating an aircraft with a frequency of
855 operations of at least five round trips per week on at least one
856 route between two or more points according to the published
857 flight schedule.
858 (6)(3) “Department” means the Department of Transportation.
859 (7)(4) “Limited airport” means any airport limited
860 exclusively to the specific conditions stated on the site
861 approval order or license.
862 (8) “On-demand operation” means any scheduled passenger
863 carrying operation for compensation or hire conducted by a
864 person operating an aircraft with a frequency of operations of
865 fewer than five round trips per week on at least one route
866 between two or more points according to the published flight
867 schedule.
868 (9)(5) “Private airport” means an airport, publicly or
869 privately owned, which is not open or available for use by the
870 public, but may be made available to others by invitation of the
871 owner or manager.
872 (10) “Private airport of public interest” means a private
873 airport engaged in air ambulance operations, commercial air tour
874 operations, commuter operations, on-demand operations, public
875 charter operations, scheduled operations, or supplemental
876 operations.
877 (11)(6) “Public airport” means an airport, publicly or
878 privately owned, which is open for use by the public.
879 (12) “Public charter operation” means a one-way or round
880 trip charter flight performed by one or more direct air carriers
881 which is arranged and sponsored by a charter operator.
882 (13) “Scheduled operation” means any common carriage
883 passenger-carrying operation for compensation or hire conducted
884 by an air carrier or commercial operator for which the
885 certificateholder or its representative offers in advance the
886 departure location, departure time, and arrival location.
887 (14) “Supplemental operation” means any common carriage
888 operation for compensation or hire conducted with an aircraft
889 for which the departure time, departure location, and arrival
890 location are specifically negotiated with the customer or
891 customer’s representative.
892 (15)(7) “Temporary airport” means an airport at which
893 flight operations are conducted under visual flight rules
894 established by the Federal Aviation Administration and which is
895 used for less than 30 consecutive days with no more than 10
896 operations per day.
897 (8) “Ultralight aircraft” means any aircraft meeting the
898 criteria established by part 103 of the Federal Aviation
899 Regulations.
900 Section 13. Subsections (2) and (4) of section 330.30,
901 Florida Statutes, are amended to read:
902 330.30 Approval of airport sites; registration,
903 certification, and licensure of airports.—
904 (2) LICENSES, CERTIFICATIONS, AND REGISTRATIONS;
905 REQUIREMENTS, RENEWAL, REVOCATION.—
906 (a) Except as provided in subsection (3), the owner or
907 lessee of an airport in this state shall have a public airport
908 license, private airport registration, or temporary airport
909 registration before the operation of aircraft to or from the
910 airport. Application for a license or registration shall be made
911 in a form and manner prescribed by the department.
912 1. For a public airport, upon granting site approval, the
913 department shall issue a license after a final airport
914 inspection finds the airport to be in compliance with all
915 requirements for the license. The license may be subject to any
916 reasonable conditions the department deems necessary to protect
917 the public health, safety, or welfare.
918 2. For a private airport, upon granting site approval, the
919 department shall provide controlled electronic access to the
920 state aviation facility data system to permit the applicant to
921 complete the registration process. Registration shall be
922 completed upon self-certification by the registrant of
923 operational and configuration data deemed necessary by the
924 department.
925 3. For a temporary airport, the department must publish
926 notice of receipt of a completed registration application in the
927 next available publication of the Florida Administrative
928 Register and may not approve a registration application less
929 than 14 days after the date of publication of the notice. The
930 department must approve or deny a registration application
931 within 30 days after receipt of a completed application and must
932 issue the temporary airport registration concurrent with the
933 airport site approval. A completed registration application that
934 is not approved or denied within 30 days after the department
935 receives the completed application is considered approved and
936 shall be issued, subject to such reasonable conditions as are
937 authorized by law. An applicant seeking to claim registration by
938 default under this subparagraph must notify the agency clerk of
939 the department, in writing, of the intent to rely upon the
940 default registration provision of this subparagraph and may not
941 take any action based upon the default registration until after
942 receipt of such notice by the agency clerk.
943 4. A private airport of public interest must obtain a
944 certificate from the department before allowing aircraft
945 operations. The department shall issue a certificate after a
946 final inspection finds the airport to be in compliance with all
947 certificate requirements. The certificate is subject to any
948 reasonable conditions the department deems necessary to protect
949 the public. A private airport that was engaged in operations
950 associated with a private airport of public interest on or
951 before July 1, 2025, must obtain a certificate from the
952 department by July 1, 2030.
953 (b) The department may license a public airport that does
954 not meet standards only if it determines that such exception is
955 justified by unusual circumstances or is in the interest of
956 public convenience and does not endanger the public health,
957 safety, or welfare. Such a license shall bear the designation
958 “special” and shall state the conditions subject to which the
959 license is granted.
960 (c) A temporary airport license or registration shall be
961 valid for less than 30 days and is not renewable. The department
962 may not approve a subsequent temporary airport registration
963 application for the same general location if the purpose or
964 effect is to evade otherwise applicable airport permitting or
965 licensure requirements.
966 (d)1. Each public airport license shall expire no later
967 than 1 year after the effective date of the license, except that
968 the expiration date of a license may be adjusted to provide a
969 maximum license period of 18 months to facilitate airport
970 inspections, recognize seasonal airport operations, or improve
971 administrative efficiency.
972 2. Registration for private airports shall remain valid
973 provided specific elements of airport data, established by the
974 department, are periodically recertified by the airport
975 registrant. The ability to recertify private airport
976 registration data shall be available at all times by electronic
977 submittal. A private airport registration that has not been
978 recertified in the 24-month period following the last
979 certification shall expire, unless the registration period has
980 been adjusted by the department for purposes of informing
981 private airport owners of their registration responsibilities or
982 promoting administrative efficiency. The expiration date of the
983 current registration period will be clearly identifiable from
984 the state aviation facility data system.
985 3. The effective date and expiration date shall be shown on
986 public airport licenses. Upon receiving an application for
987 renewal of an airport license in a form and manner prescribed by
988 the department and receiving a favorable inspection report
989 indicating compliance with all applicable requirements and
990 conditions, the department shall renew the license, subject to
991 any conditions deemed necessary to protect the public health,
992 safety, or welfare.
993 4. The department may require a new site approval for any
994 airport if the license or registration has expired.
995 5. If the renewal application for a public airport license
996 has not been received by the department or no private airport
997 registration recertification has been accomplished within 15
998 days after the date of expiration, the department may revoke the
999 airport license or registration.
1000 6. After initial registration, the department may issue a
1001 certificate to a private airport of public interest if the
1002 airport is found, after a physical inspection, to be in
1003 compliance with all certificate requirements. The certificate is
1004 subject to any reasonable condition that the department deems
1005 necessary to protect the public health, safety, or welfare. A
1006 private airport of public interest certificate expires 5 years
1007 after the effective date of the certificate.
1008 (e) The department may revoke, or refuse to allow or issue,
1009 any airport registration or recertification, or any license or
1010 license renewal, if it determines:
1011 1. That the site has been abandoned as an airport;
1012 2. That the airport does not comply with the conditions of
1013 the license, license renewal, or site approval;
1014 3. That the airport has become either unsafe or unusable
1015 for flight operation due to physical or legal changes in
1016 conditions that were the subject of approval; or
1017 4. That an airport required to file or update a security
1018 plan pursuant to paragraph (f) has failed to do so.
1019 (f)1. After initial licensure, a license of a publicly or
1020 privately owned general aviation airport that is open to the
1021 public, that has at least one runway greater than 4,999 feet in
1022 length, and that does not host scheduled passenger-carrying
1023 commercial service operations regulated under 14 C.F.R. part 139
1024 shall not be renewed or reissued unless an approved security
1025 plan has been filed with the department, except when the
1026 department determines that the airport is working in good faith
1027 toward completion and filing of the plan.
1028 2. Security plans required by this paragraph must be
1029 developed in accordance with the 2004 Security Planning for
1030 General Aviation Airports guidelines published by the Florida
1031 Airports Council. Certain administrative data from the approved
1032 security plan shall be submitted to the Department of Law
1033 Enforcement, in a format prescribed by the Department of Law
1034 Enforcement, for use in protecting critical infrastructure of
1035 the state.
1036 3. The department shall not approve a security plan for
1037 filing unless it is consistent with Florida Airports Council
1038 guidelines.
1039 4. An airport required to file a security plan pursuant to
1040 this paragraph shall update its plan at least once every 2 years
1041 after the initial filing date and file the updated plan with the
1042 department. The department shall review the updated plan prior
1043 to approving it for filing to determine whether it is consistent
1044 with Florida Airports Council guidelines. No renewal license
1045 shall be issued to the airport unless the department approves
1046 the updated security plan or determines that the airport is
1047 working in good faith to update it.
1048 (4) EXCEPTIONS.—Private airports with 10 or more based
1049 aircraft may request to be inspected and licensed by the
1050 department. Private airports licensed according to this
1051 subsection shall be considered private airports as defined in s.
1052 330.27 s. 330.27(5) in all other respects.
1053 Section 14. Section 330.355, Florida Statutes, is created
1054 to read:
1055 330.355 Prohibition on landing fees for certain aircraft
1056 operations.—A publicly owned airport in this state may not
1057 charge a landing fee established on or after January 1, 2025,
1058 for aircraft operations conducted by an accredited nonprofit
1059 institution located in this state which offers a 4-year
1060 collegiate aviation program, if such aircraft operations are for
1061 flight training necessary for pilot certification and
1062 proficiency.
1063 Section 15. Section 331.371, Florida Statutes, is amended
1064 to read:
1065 331.371 Strategic space infrastructure investment.—
1066 (1) In consultation with Space Florida, the Department of
1067 Transportation may fund spaceport discretionary capacity
1068 improvement projects, as defined in s. 331.303, at up to 100
1069 percent of the project’s cost if:
1070 (a)(1) Important access and on-spaceport-territory space
1071 transportation capacity improvements are provided;
1072 (b)(2) Capital improvements that strategically position the
1073 state to maximize opportunities in international trade are
1074 achieved;
1075 (c)(3) Goals of an integrated intermodal transportation
1076 system for the state are achieved; and
1077 (d)(4) Feasibility and availability of matching funds
1078 through federal, local, or private partners are demonstrated.
1079 (2)(a) In consultation with the Department of Commerce and
1080 the Department of Environmental Protection, the Department of
1081 Transportation may fund infrastructure projects, and projects
1082 associated with critical infrastructure facilities as defined in
1083 s. 692.201, within or outside of a spaceport territory as long
1084 as the project supports aerospace or launch support facilities
1085 within an adjacent spaceport territory boundary.
1086 (b) The Department of Transportation, the Department of
1087 Commerce, and the Department of Environmental Protection shall
1088 coordinate in funding projects under this subsection to optimize
1089 the use of available funds.
1090 Section 16. Section 332.003, Florida Statutes, is amended
1091 to read:
1092 332.003 Florida Airport Development and Accountability
1093 Assistance Act; short title.—Sections 332.003-332.007 may be
1094 cited as the “Florida Airport Development and Accountability
1095 Assistance Act.”
1096 Section 17. Section 332.005, Florida Statutes, is amended
1097 to read:
1098 332.005 Restrictions on authority of Department of
1099 Transportation.—
1100 (1) This act specifically prohibits the Department of
1101 Transportation from regulating commercial air carriers operating
1102 within the state pursuant to federal authority and regulations;
1103 from participating in or exercising control in the management
1104 and operation of a sponsor’s airport, except when officially
1105 requested by the sponsor; or from expanding the design or
1106 operational capability of the department in the area of airport
1107 and aviation consultants’ contract work, other than to provide
1108 technical assistance as requested.
1109 (2)(a) Notwithstanding subsection (1), upon the declaration
1110 of a state of emergency issued by the Governor in preparation
1111 for or in response to a natural disaster, airports shall, at no
1112 cost to the state, provide the Department of Transportation with
1113 the opportunity to use any property that is not subject to an
1114 existing lease agreement with a third party and that is not
1115 within the air navigation facility as defined in s. 332.01(4)
1116 for the staging of equipment and personnel to support emergency
1117 preparedness and response operations.
1118 (b) After 60 days of use under paragraph (a), any further
1119 use of airport property by the Department of Transportation must
1120 be conducted pursuant to a written agreement between the airport
1121 and the department.
1122 Section 18. Section 332.006, Florida Statutes, is amended
1123 to read:
1124 332.006 Duties and responsibilities of the Department of
1125 Transportation.—The Department of Transportation shall, within
1126 the resources provided to the department pursuant to chapter
1127 216:
1128 (1) Provide coordination and assistance for the development
1129 of a viable aviation system in this state. To support the
1130 system, a statewide aviation system plan shall be developed and
1131 periodically updated which summarizes 5-year, 10-year, and 20
1132 year airport and aviation needs within the state. The statewide
1133 aviation system plan shall be consistent with the goals of the
1134 Florida Transportation Plan developed pursuant to s. 339.155.
1135 The statewide aviation system plan shall not preempt local
1136 airport master plans adopted in compliance with federal and
1137 state requirements.
1138 (2) Advise and assist the Governor in all aviation matters.
1139 (3) Upon request, assist airport sponsors, both financially
1140 and technically, in airport master planning.
1141 (4) Upon request, provide financial and technical
1142 assistance to public agencies which operate public-use airports
1143 by making department personnel and department-owned facilities
1144 and equipment available on a cost-reimbursement basis to such
1145 agencies for special needs of limited duration. The requirement
1146 relating to reimbursement of personnel costs may be waived by
1147 the department in those cases in which the assistance provided
1148 by its personnel was of a limited nature or duration.
1149 (5) Participate in research and development programs
1150 relating to airports.
1151 (6) Administer department participation in the program of
1152 aviation and airport grants as provided for in ss. 332.003
1153 332.007.
1154 (7) Develop, promote, and distribute supporting information
1155 and educational services, including, but not limited to,
1156 educational services with a focus on retention and growth of the
1157 aviation industry workforce.
1158 (8) Encourage the maximum allocation of federal funds to
1159 local airport projects in this state.
1160 (9) Support the development of land located within the
1161 boundaries of airports for the purpose of industrial or other
1162 uses compatible with airport operations with the objective of
1163 assisting airports in this state to become fiscally self
1164 supporting. Such assistance may include providing state moneys
1165 on a matching basis to airport sponsors for capital
1166 improvements, including, but not limited to, fixed-base
1167 operation facilities, parking areas, industrial park utility
1168 systems, and road and rail transportation systems which are on
1169 airport property.
1170 Section 19. Subsection (5), paragraph (a) of subsection
1171 (7), and subsections (8) and (9) of section 332.007, Florida
1172 Statutes, are amended, and paragraph (c) is added to subsection
1173 (2) of that section, to read:
1174 332.007 Administration and financing of aviation and
1175 airport programs and projects; state plan.—
1176 (2)
1177 (c) Each commercial service airport as defined in s.
1178 332.0075 shall establish and maintain a comprehensive airport
1179 infrastructure program to ensure the ongoing preservation of
1180 airport infrastructure and facilities in safe and serviceable
1181 condition. For purposes of this paragraph, the term “airport
1182 infrastructure” means the facilities, systems, and structural
1183 components of an airport necessary for the safe and efficient
1184 movement of people and goods. Beginning November 1, 2025, and
1185 annually thereafter, each commercial service airport shall
1186 provide a certification to the department, in a manner
1187 prescribed by the department, that it has established and
1188 maintains a comprehensive airport infrastructure program. The
1189 comprehensive airport infrastructure program report, and related
1190 documents and records, must be open to inspection by the
1191 department and maintained by the airport for at least 5 years.
1192 The comprehensive airport infrastructure program must, at a
1193 minimum, include all of the following:
1194 1. Identification of airport infrastructure subject to
1195 inspection and the schedule for the completion of such
1196 inspections, taking into consideration the age, type, intended
1197 use, and criticality of the infrastructure to undisrupted
1198 commercial or cargo operations.
1199 2. A preventative maintenance program for routine
1200 maintenance of airport infrastructure, for both commercial and
1201 cargo operations.
1202 3. A plan to complete any necessary repairs to, or
1203 rehabilitation or reconstruction of, airport infrastructure,
1204 including prioritization and anticipated timeframe for
1205 completion of the work.
1206 4. A progress report of inspections and their outcomes,
1207 preventative maintenance, and previously identified repair to,
1208 or rehabilitation or reconstruction of, airport infrastructure.
1209 The progress report must include any changes in timeline for
1210 completion, changes in cost estimates, and reasons any
1211 inspection, preventative maintenance, or repair or
1212 rehabilitation did not take place.
1213 (5) Only those projects or programs provided for in this
1214 act that will contribute to the implementation of the state
1215 aviation system plan, that are consistent with the energy policy
1216 of the state as defined in s. 339.08(6)(a), that are consistent
1217 with and will contribute to the implementation of any airport
1218 master plan or layout plan, and that are consistent, to the
1219 maximum extent feasible, with the approved local government
1220 comprehensive plans of the units of government in which the
1221 airport is located are eligible for the expenditure of state
1222 funds in accordance with fund participation rates and priorities
1223 established herein.
1224 (7) Subject to the availability of appropriated funds in
1225 addition to aviation fuel tax revenues, the department may
1226 participate in the capital cost of eligible public airport and
1227 aviation discretionary capacity improvement projects. The annual
1228 legislative budget request shall be based on the funding
1229 required for discretionary capacity improvement projects in the
1230 aviation and airport work program.
1231 (a) The department shall provide priority funding in
1232 support of:
1233 1. Terminal and parking expansion projects that increase
1234 capacity at airports providing commercial service in counties
1235 with a population of 500,000 or less.
1236 2. Land acquisition which provides additional capacity at
1237 the qualifying international airport or at that airport’s
1238 supplemental air carrier airport.
1239 3.2. Runway and taxiway projects that add capacity or are
1240 necessary to accommodate technological changes in the aviation
1241 industry.
1242 4.3. Airport access transportation projects that improve
1243 direct airport access and are approved by the airport sponsor.
1244 5.4. International terminal projects that increase
1245 international gate capacity.
1246 6. Projects that improve safety and efficiency of airport
1247 operations.
1248 7. Emerging technology projects, workforce development
1249 projects, and projects that benefit the strategic intermodal
1250 system through intermodal connectivity.
1251 (8) The department may also fund eligible projects
1252 performed by not-for-profit organizations that represent a
1253 majority of public airports in this state and postsecondary
1254 education institutions as defined in s. 1008.47 that support the
1255 training of pilots, air traffic control personnel, or aircraft
1256 maintenance technical personnel. Eligible projects may include
1257 activities associated with aviation master planning,
1258 professional education, safety and security planning, enhancing
1259 economic development and efficiency at airports in this state,
1260 or other planning efforts to improve the viability and safety of
1261 airports in this state. Programs that support the transition of
1262 honorably discharged military personnel to the aviation industry
1263 are also eligible projects under this subsection. The department
1264 may provide matching funds for eligible projects funded by the
1265 Department of Commerce.
1266 (9) The department may fund strategic airport investment
1267 projects at up to 100 percent of the project’s cost if:
1268 (a) Important access and on-airport capacity improvements
1269 are provided;
1270 (b) Capital improvements that strategically position the
1271 state to maximize opportunities in tourism, international trade,
1272 logistics, and the aviation industry are provided;
1273 (c) Goals of an integrated intermodal transportation system
1274 for the state are achieved; and
1275 (d) Feasibility and availability of matching funds through
1276 federal, local, or private partners are demonstrated.
1277 Section 20. Paragraphs (a), (b), and (d) of subsection (1),
1278 subsection (2), and paragraph (a) of subsection (5) of section
1279 332.0075, Florida Statutes, are amended, and paragraph (c) is
1280 added to subsection (5) of that section, to read:
1281 332.0075 Commercial service airports; transparency and
1282 accountability; penalty.—
1283 (1) As used in this section, the term:
1284 (a) “Commercial service airport” means an airport providing
1285 commercial service, including large, medium, small, and nonhub
1286 airports as classified a primary airport as defined in 49 U.S.C.
1287 s. 47102 which is classified as a large, medium, or small hub
1288 airport by the Federal Aviation Administration.
1289 (b) “Consent agenda” means an agenda which consists of
1290 items voted on collectively or as a group and which does not
1291 provide the opportunity for public comment on each such item
1292 before approval or disapproval by the governing body.
1293 (d) “Governing body” means the governing body of the
1294 county, municipality, or special district that operates a
1295 commercial service airport. The term also includes an appointed
1296 board or oversight entity serving as the governing body for
1297 purposes of a commercial service airport on behalf of a county,
1298 municipality, or special district.
1299 (2) Each governing body shall establish and maintain a
1300 website to post information relating to the operation of a
1301 commercial service airport. The information must remain posted
1302 on the website for 5 years or for the entirety of the period
1303 during which the document is actively in use, whichever is
1304 longer, and must include all of the following, including:
1305 (a) All published notices of meetings and published meeting
1306 agendas of the governing body.
1307 (b) The official minutes of each meeting of the governing
1308 body, which must shall be posted within 7 business days after
1309 the date of the meeting in which the minutes were approved.
1310 (c) The approved budget for the commercial service airport
1311 for the current fiscal year, which shall be posted within 7
1312 business days after the date of adoption. Budgets must remain on
1313 the website for 5 2 years after the conclusion of the fiscal
1314 year for which they were adopted.
1315 (d) Copies of the current airport master plan and the
1316 immediately preceding airport master plan for the commercial
1317 service airport and a link to the current airport master plan
1318 for the commercial service airport on the commercial service
1319 airport’s website.
1320 (e) A link to all financial and statistical reports for the
1321 commercial service airport on the Federal Aviation
1322 Administration’s website.
1323 (f) Any contract or contract amendment for the purchase of
1324 commodities or contractual services executed by or on behalf of
1325 the commercial service airport in excess of the threshold amount
1326 provided in s. 287.017 for CATEGORY FIVE, which must shall be
1327 posted no later than 7 business days after the commercial
1328 service airport executes the contract or contract amendment.
1329 However, a contract or contract amendment may not reveal
1330 information made confidential or exempt by law. Each commercial
1331 service airport must redact confidential or exempt information
1332 from each contract or contract amendment before posting a copy
1333 on its website.
1334 (g) Position and rate information for each employee of the
1335 commercial service airport, including, at a minimum, the
1336 employee’s position title, position description, and annual or
1337 hourly salary. This information must shall be updated quarterly
1338 annually.
1339 (5)(a) Each November 1, the governing body of each
1340 commercial service airport shall submit the following
1341 information to the department:
1342 1. Its approved budget for the current fiscal year.
1343 2. Any financial reports submitted to the Federal Aviation
1344 Administration during the previous calendar year.
1345 3. A link to its website.
1346 4. A statement, verified as provided in s. 92.525, that it
1347 has complied with part III of chapter 112, chapter 287, and this
1348 section.
1349 5. The most recent copies of its strategic plans.
1350 6. Contracts related to any financial awards received
1351 through federally funded grant programs for the preceding year.
1352 (c) A commercial service airport shall:
1353 1. Notify the department within 48 hours after receiving a
1354 communication or directive from a federal agency relating to
1355 public health testing or the transfer of unauthorized aliens
1356 into this state.
1357 2. Notify the department as soon as is reasonably possible,
1358 but no later than 48 hours, after the discovery of a potential
1359 cybersecurity breach or other occurrence impacting the traveling
1360 public, a disruption in state aviation operations directly
1361 impacting multiple airports within this state, or an incident
1362 occurring on airport property which requires coordination with
1363 multiple local, state, or federal agencies.
1364 Section 21. Section 332.15, Florida Statutes, is created to
1365 read:
1366 332.15 Advanced air mobility.—The Department of
1367 Transportation shall:
1368 (1) Address the need for vertiports, advanced air mobility,
1369 and other advances in aviation technology in the statewide
1370 aviation system plan required under s. 332.006(1) and, as
1371 appropriate, in the department’s work program.
1372 (2) Designate a subject matter expert on advanced air
1373 mobility within the department to serve as a resource for local
1374 jurisdictions navigating advances in aviation technology.
1375 (3) Conduct a review of airport hazard zone regulations.
1376 (4) In coordination with the Department of Commerce,
1377 provide coordination and assistance for the development of a
1378 viable advanced air mobility system plan in this state. The
1379 department shall incorporate the plan into the statewide
1380 aviation system plan required under s. 332.006(1) to identify
1381 and develop statewide corridors of need and opportunities for
1382 industry growth.
1383 Section 22. Subsections (5) and (26) of section 334.044,
1384 Florida Statutes, are amended, and subsections (37), (38), and
1385 (39) are added to that section, to read:
1386 334.044 Powers and duties of the department.—The department
1387 shall have the following general powers and duties:
1388 (5) To purchase, lease, or otherwise acquire property and
1389 materials, including the purchase of promotional items as part
1390 of public information and education campaigns for the promotion
1391 of environmental management, scenic highways, traffic and train
1392 safety awareness, alternatives to single-occupant vehicle
1393 travel, commercial motor vehicle safety, workforce development,
1394 electric vehicle use and charging stations, autonomous vehicles,
1395 and context classification design for electric vehicles and
1396 autonomous vehicles; to purchase, lease, or otherwise acquire
1397 equipment and supplies; and to sell, exchange, or otherwise
1398 dispose of any property that is no longer needed by the
1399 department.
1400 (26) To provide for the enhancement of environmental
1401 benefits, including air and water quality; to prevent roadside
1402 erosion; to conserve the natural roadside growth and scenery;
1403 and to provide for the implementation and maintenance of
1404 roadside conservation, enhancement, and stabilization programs.
1405 (a) On an annual basis, an amount equal to at least 1.5
1406 percent of the total amount contracted for the average of the
1407 previous 3 completed fiscal years of construction projects shall
1408 be allocated by the department on a statewide basis for the
1409 purchase of plant materials to enhance State Highway System
1410 rights-of-way and arterial facilities. Such funds must be
1411 allocated on a statewide basis. Department districts may not
1412 expend funds for landscaping in connection with any project that
1413 is limited to resurfacing existing lanes unless the expenditure
1414 has been approved by the department’s secretary or the
1415 secretary’s designee.
1416 (b) To the greatest extent practical, at least 50 percent
1417 of the funds allocated under paragraph (a) this subsection shall
1418 be allocated for large plant materials and the remaining funds
1419 for other plant materials.
1420 (c) Except as prohibited by applicable federal law or
1421 regulation, all plant materials shall be purchased from Florida
1422 commercial nursery stock in this state on a uniform competitive
1423 bid basis. The department shall develop grades and standards for
1424 landscaping materials purchased through this process, which must
1425 include standards for landscaping materials native to specific
1426 regions of this state which are reflective of this state’s
1427 heritage and natural landscapes. To accomplish these activities,
1428 the department may contract with nonprofit organizations having
1429 the primary purpose of developing youth employment
1430 opportunities.
1431 (37) Notwithstanding s. 287.022 or s. 287.025, to directly
1432 enter into insurance contracts with local, national, or
1433 international insurance companies for the purchase of insurance
1434 coverage that the department is contractually and legally
1435 required to provide.
1436 (38) Notwithstanding s. 287.14, to purchase or acquire
1437 heavy equipment and motor vehicles for roadway operations and
1438 emergency response purposes regardless of whether the department
1439 exchanges or ceases to operate any department-owned heavy
1440 equipment or motor vehicles.
1441 (39) To adopt rules for the purpose of compliance with 49
1442 C.F.R. part 26 and any other applicable federal law.
1443 Section 23. Subsection (1) of section 334.045, Florida
1444 Statutes, is amended to read:
1445 334.045 Transportation performance and productivity
1446 standards; development; measurement; application.—
1447 (1) The Florida Transportation Commission shall develop and
1448 adopt measures for evaluating the performance and productivity
1449 of the department. The measures may be both quantitative and
1450 qualitative and must, to the maximum extent practical, assess
1451 those factors that are within the department’s control. The
1452 measures must, at a minimum, assess performance in the following
1453 areas:
1454 (a) Production;
1455 (b) Finance and administration;
1456 (c) Preservation of the current state system;
1457 (d) Safety of the current state system;
1458 (e) Capacity improvements: highways and all public
1459 transportation modes; and
1460 (f) The business development program established under s.
1461 337.027 Disadvantaged business enterprise and minority business
1462 programs.
1463 Section 24. Subsection (3) is added to section 334.27,
1464 Florida Statutes, to read:
1465 334.27 Governmental transportation entities; property
1466 acquired for transportation purposes; limitation on soil or
1467 groundwater contamination liability.—
1468 (3) A parking authority established under the laws of this
1469 state or any of its counties, municipalities, or political
1470 subdivisions shall have full power to conduct business; to
1471 operate, manage, and control facilities; and to provide services
1472 to contiguous geographical boundaries of such counties,
1473 municipalities, or political subdivisions that originally
1474 chartered such authority. The parking authority may engage in
1475 activities outside of its chartering jurisdiction upon entering
1476 into an interlocal agreement with the governing body of the
1477 affected contiguous county, municipality, or political
1478 subdivision, as applicable.
1479 Section 25. Section 334.62, Florida Statutes, is created to
1480 read:
1481 334.62 Florida Transportation Academy.—The Legislature
1482 finds that the growth and sustainability of the transportation
1483 industry workforce is vital to the continued success and
1484 efficiency of the state’s supply chain and economic
1485 competitiveness. In order to prioritize the continued need for
1486 transportation industry workforce development programs, the
1487 Florida Transportation Academy is established within the
1488 department. In order to support, promote, and sustain workforce
1489 development efforts in the transportation sector, the department
1490 may do all of the following:
1491 (1) Coordinate with the Department of Corrections to
1492 identify and create certification and training opportunities for
1493 nonviolent, scheduled-release inmates and create a notification
1494 process between the Department of Corrections and the department
1495 for nonviolent inmates with imminent scheduled-release dates who
1496 are expected to seek employment upon release.
1497 (2) Coordinate with the Department of Juvenile Justice and
1498 its educational partners to create certification and training
1499 opportunities for eligible youth.
1500 (3) Coordinate with veterans’ organizations to encourage
1501 veterans with honorable military discharge to pursue employment
1502 opportunities within the transportation industry, including, but
1503 not limited to, employment as pilots, mechanics, and air traffic
1504 controllers.
1505 (4) Coordinate with the Department of Commerce,
1506 CareerSource Florida, Inc., and regional business organizations,
1507 within and outside of the transportation industry, to further
1508 understand recruitment and retention needs and job-seeker
1509 pipelines.
1510 (5) Coordinate with the American Council of Engineering
1511 Companies and the Florida Transportation Builders Association to
1512 optimize workforce recruitment and retention and assess future
1513 needs across the transportation industry in this state.
1514 Section 26. Present paragraph (b) of subsection (3) of
1515 section 335.182, Florida Statutes, is redesignated as paragraph
1516 (c) and amended, and a new paragraph (b) is added to that
1517 subsection, to read:
1518 335.182 Regulation of connections to roads on State Highway
1519 System; definitions.—
1520 (3) As used in this act, the term:
1521 (b) “Modification of an existing connection” means the
1522 relocation, alteration, or closure of the connection.
1523 (c)(b) “Significant change” means:
1524 1. A change in the use of the property, including the
1525 development of land, structures, or facilities;, or
1526 2. An expansion of the size of the property, structures, or
1527 facilities causing an increase in the trip generation of the
1528 property exceeding 25 percent more trip generation, (either peak
1529 hour or daily,) and exceeding 100 vehicles per day more than the
1530 existing use.
1531 Section 27. Subsections (3) and (4) of section 335.187,
1532 Florida Statutes, are amended to read:
1533 335.187 Unpermitted connections; existing access permits;
1534 nonconforming permits; modification and revocation of permits.—
1535 (3) The department may issue a nonconforming access permit
1536 if denying after finding that to deny an access permit would
1537 leave the property without a reasonable means of access to the
1538 State Highway System. The department may specify limits on the
1539 maximum vehicular use of the connection and may condition be
1540 conditioned on the availability of future alternative means of
1541 access for which access permits can be obtained.
1542 (4) After written notice and the opportunity for a hearing,
1543 as provided for in s. 120.60, the department may modify or
1544 revoke an access permit issued after July 1, 1988, by requiring
1545 modification Relocation, alteration, or closure of an existing
1546 connection if:
1547 (a) A significant change occurs in the use, design, or
1548 traffic flow of the connection; or
1549 (b) It would jeopardize the safety of the public or have a
1550 negative impact upon the operational characteristics of the
1551 highway.
1552 Section 28. Section 337.027, Florida Statutes, is amended
1553 to read:
1554 337.027 Authority to implement a business development
1555 program.—
1556 (1) The department may establish a program for highway
1557 projects which would assist small businesses. The purpose of
1558 this program is to increase competition, lower prices, and
1559 provide increased support to meet the department’s future work
1560 program. The program may include, but is not limited to, setting
1561 aside contracts, providing preference points for the use of
1562 small businesses, providing special assistance in bidding and
1563 contract completion, waiving bond requirements, and implementing
1564 other strategies that would increase competition.
1565 (2) For purposes of this section, the term “small business”
1566 means a business with yearly average gross receipts of less than
1567 $25 $15 million for road and bridge contracts and less than $10
1568 $6.5 million for professional and nonprofessional services
1569 contracts. A business’ average gross receipts is determined by
1570 averaging its annual gross receipts over the last 3 years,
1571 including the receipts of any affiliate as defined in s.
1572 337.165.
1573 (3) The department may provide notice of opportunities for
1574 businesses qualified for this program.
1575 (4) The department may adopt rules to implement this
1576 section.
1577 Section 29. Subsection (6) of section 337.11, Florida
1578 Statutes, is amended to read:
1579 337.11 Contracting authority of department; bids; emergency
1580 repairs, supplemental agreements, and change orders; combined
1581 design and construction contracts; progress payments; records;
1582 requirements of vehicle registration.—
1583 (6)(a) If the secretary determines that an emergency in
1584 regard to the restoration or repair of any state transportation
1585 facility exists such that the delay incident to giving
1586 opportunity for competitive bidding would be detrimental to the
1587 interests of the state, the provisions for competitive bidding
1588 do not apply; and the department may enter into contracts for
1589 restoration or repair without giving opportunity for competitive
1590 bidding on such contracts. Within 30 days after such
1591 determination and contract execution, the head of the department
1592 shall file with the Executive Office of the Governor a written
1593 statement of the conditions and circumstances constituting such
1594 emergency.
1595 (b) If the secretary determines that delays on a contract
1596 for maintenance exist due to administrative challenges, bid
1597 protests, defaults or terminations and the further delay would
1598 reduce safety on the transportation facility or seriously hinder
1599 the department’s ability to preserve the state’s investment in
1600 that facility, competitive bidding provisions may be waived and
1601 the department may enter into a contract for maintenance on the
1602 facility. However, contracts for maintenance executed under the
1603 provisions of this paragraph shall be interim in nature and
1604 shall be limited in duration to a period of time not to exceed
1605 the length of the delay necessary to complete the competitive
1606 bidding process and have the contract in place.
1607 (c) When the department determines that it is in the best
1608 interest of the public for reasons of public concern, economy,
1609 improved operations, or safety, and only when circumstances
1610 dictate rapid completion of the work, the department may, up to
1611 the amount of $500,000, enter into contracts for construction
1612 and maintenance without advertising and receiving competitive
1613 bids. The department may enter into such contracts only upon a
1614 determination that the work is necessary for one of the
1615 following reasons:
1616 1. To ensure timely completion of projects or avoidance of
1617 undue delay for other projects;
1618 2. To accomplish minor repairs or construction and
1619 maintenance activities for which time is of the essence and for
1620 which significant cost savings would occur; or
1621 3. To accomplish nonemergency work necessary to ensure
1622 avoidance of adverse conditions that affect the safe and
1623 efficient flow of traffic.
1624
1625 The department shall make a good faith effort to obtain two or
1626 more quotes, if available, from qualified contractors before
1627 entering into any contract. The department shall give
1628 consideration to small disadvantaged business enterprise
1629 participation. However, when the work exists within the limits
1630 of an existing contract, the department shall make a good faith
1631 effort to negotiate and enter into a contract with the prime
1632 contractor on the existing contract.
1633 Section 30. Section 337.125, Florida Statutes, is repealed.
1634 Section 31. Section 337.135, Florida Statutes, is repealed.
1635 Section 32. Section 337.139, Florida Statutes, is repealed.
1636 Section 33. Paragraph (a) of subsection (1) of section
1637 337.18, Florida Statutes, is amended to read:
1638 337.18 Surety bonds for construction or maintenance
1639 contracts; requirement with respect to contract award; bond
1640 requirements; defaults; damage assessments.—
1641 (1)(a) A surety bond shall be required of the successful
1642 bidder in an amount equal to the awarded contract price.
1643 However, the department may choose, in its discretion and
1644 applicable only to multiyear maintenance contracts, to allow for
1645 incremental annual contract bonds that cumulatively total the
1646 full, awarded, multiyear contract price;. The department may
1647 also choose, in its discretion and applicable only to phased
1648 design-build contracts under s. 337.11(7)(b), to allow the
1649 issuance of multiple contract performance and payment bonds in
1650 succession to align with each phase of the contract to meet the
1651 bonding requirement in this subsection; and, at the discretion
1652 of the Secretary of Transportation and notwithstanding any
1653 bonding requirement under s. 337.18, to require a surety bond in
1654 an amount that is less than the awarded contract price.
1655 1. The department may waive the requirement for all or a
1656 portion of a surety bond if:
1657 a. The contract price is $250,000 or less and the
1658 department determines that the project is of a noncritical
1659 nature and that nonperformance will not endanger public health,
1660 safety, or property;
1661 b. The prime contractor is a qualified nonprofit agency for
1662 the blind or for the other severely handicapped under s.
1663 413.036(2); or
1664 c. The prime contractor is using a subcontractor that is a
1665 qualified nonprofit agency for the blind or for the other
1666 severely handicapped under s. 413.036(2). However, the
1667 department may not waive more than the amount of the
1668 subcontract.
1669 2. If the department determines that it is in the best
1670 interests of the department to reduce the bonding requirement
1671 for a project and that to do so will not endanger public health,
1672 safety, or property, the department may waive the requirement of
1673 a surety bond in an amount equal to the awarded contract price
1674 for a project having a contract price of $250 million or more
1675 and, in its place, may set a surety bond amount that is a
1676 portion of the total contract price and provide an alternate
1677 means of security for the balance of the contract amount that is
1678 not covered by the surety bond or provide for incremental surety
1679 bonding and provide an alternate means of security for the
1680 balance of the contract amount that is not covered by the surety
1681 bond. Such alternative means of security may include letters of
1682 credit, United States bonds and notes, parent company
1683 guarantees, and cash collateral. The department may require
1684 alternate means of security if a surety bond is waived. The
1685 surety on such bond shall be a surety company authorized to do
1686 business in the state. All bonds shall be payable to the
1687 department and conditioned for the prompt, faithful, and
1688 efficient performance of the contract according to plans and
1689 specifications and within the time period specified, and for the
1690 prompt payment of all persons defined in s. 713.01 furnishing
1691 labor, material, equipment, and supplies for work provided in
1692 the contract; however, whenever an improvement, demolition, or
1693 removal contract price is $25,000 or less, the security may, in
1694 the discretion of the bidder, be in the form of a cashier’s
1695 check, bank money order of any state or national bank, certified
1696 check, or postal money order. The department shall adopt rules
1697 to implement this subsection. Such rules shall include
1698 provisions under which the department shall refuse to accept
1699 bonds on contracts when a surety wrongfully fails or refuses to
1700 settle or provide a defense for claims or actions arising under
1701 a contract for which the surety previously furnished a bond.
1702 Section 34. Subsection (3) of section 337.251, Florida
1703 Statutes, is amended to read:
1704 337.251 Lease of property for joint public-private
1705 development and areas above or below department property.—
1706 (3) A proposal must be selected by the department based on
1707 competitive bidding, except that the department may consider
1708 other relevant factors specified in the request for proposals.
1709 The department may consider such factors as the value of
1710 property exchanges, the cost of construction, and other
1711 recurring costs for the benefit of the department by the lessee
1712 in lieu of direct revenue to the department if such other
1713 factors are of equal value including innovative proposals to
1714 involve small minority businesses. The department may name a
1715 board of advisers which may be composed of accountants, real
1716 estate appraisers, design engineers, or other experts
1717 experienced in the type of development proposed. The board of
1718 advisers shall review the feasibility of the proposals,
1719 recommend acceptance or rejection of each proposal, and rank
1720 each feasible proposal in the order of technical feasibility and
1721 benefit provided to the department. The board of advisers shall
1722 be reasonably compensated for the services provided and all
1723 department costs for evaluating the proposals shall be
1724 reimbursed from a proposal application fee to be set by the
1725 department and paid by the applicants. The board of advisers
1726 shall not be subject to selection under the provisions of
1727 chapter 287.
1728 Section 35. Section (2) of section 337.401, Florida
1729 Statutes, is amended to read:
1730 337.401 Use of right-of-way for utilities subject to
1731 regulation; permit; fees.—
1732 (2)(a) The authority may grant to any person who is a
1733 resident of this state, or to any corporation which is organized
1734 under the laws of this state or licensed to do business within
1735 this state, the use of a right-of-way for the utility in
1736 accordance with such rules or regulations as the authority may
1737 adopt. A utility may not be installed, located, or relocated
1738 unless authorized by a written permit issued by the authority.
1739 However, for public roads or publicly owned rail corridors under
1740 the jurisdiction of the department, a utility relocation
1741 schedule and relocation agreement may be executed in lieu of a
1742 written permit. The permit must require the permitholder to be
1743 responsible for any damage resulting from the issuance of such
1744 permit. The authority may initiate injunctive proceedings as
1745 provided in s. 120.69 to enforce provisions of this subsection
1746 or any rule or order issued or entered into pursuant thereto. A
1747 permit application required under this subsection by a county or
1748 municipality having jurisdiction and control of the right-of-way
1749 of any public road must be processed and acted upon in
1750 accordance with the timeframes provided in subparagraphs
1751 (7)(d)7., 8., and 9.
1752 (b) Notwithstanding paragraph (a), a municipality may not
1753 prohibit, or require a permit for, the installation of a public
1754 sewer transmission line placed and maintained within and under
1755 publicly dedicated rights-of-way as part of a septic-to-sewer
1756 conversion where the work is being performed under permits
1757 issued by the Department of Transportation pursuant to this
1758 chapter and the Department of Environmental Protection, or its
1759 delegate, pursuant to chapter 403.
1760 Section 36. Subsection (4) of section 337.406, Florida
1761 Statutes, is amended to read:
1762 337.406 Unlawful use of state transportation facility
1763 right-of-way; penalties.—
1764 (4)(a) Camping is prohibited on any portion of the right
1765 of-way of the State Highway System that is within 100 feet of a
1766 bridge, causeway, overpass, or ramp.
1767 (b) This subsection does not apply to a person who has
1768 acquired the appropriate permits and is actively navigating the
1769 federally designated Florida National Scenic Trail recognized by
1770 the state in s. 260.012(6).
1771 Section 37. Subsection (4) of section 338.227, Florida
1772 Statutes, is amended to read:
1773 338.227 Turnpike revenue bonds.—
1774 (4) The Department of Transportation and the Department of
1775 Management Services shall create and implement an outreach
1776 program designed to enhance the participation of small minority
1777 persons and minority business enterprises in all contracts
1778 entered into by their respective departments for services
1779 related to the financing of department projects for the
1780 Strategic Intermodal System Plan developed pursuant to s.
1781 339.64. These services shall include, but are not limited to,
1782 bond counsel and bond underwriters.
1783 Section 38. Subsection (6) is added to section 339.08,
1784 Florida Statutes, to read:
1785 339.08 Use of moneys in State Transportation Trust Fund.—
1786 (6)(a) As used in this subsection, the term “energy policy
1787 of the state” means the energy policy described in s. 377.601
1788 and includes any intended or actual measure, obligation, target,
1789 or timeframe related to a reduction in carbon dioxide emissions.
1790 (b) The department may not expend any state funds as
1791 described in s. 215.31 to support a project or program of any of
1792 the following entities if such entities adopt or promote energy
1793 policy goals inconsistent with the energy policy of the state:
1794 1. A public transit provider as defined in s. 341.031(1).
1795 2. An authority created pursuant to chapter 343, chapter
1796 348, or chapter 349.
1797 3. A public-use airport as defined in s. 332.004.
1798 4. A port listed in s. 311.09(1).
1799 Section 39. Section 339.0805, Florida Statutes, is
1800 repealed.
1801 Section 40. Paragraph (a) of subsection (4) of section
1802 339.135, Florida Statutes, is amended to read:
1803 339.135 Work program; legislative budget request;
1804 definitions; preparation, adoption, execution, and amendment.—
1805 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
1806 (a)1. To assure that no district or county is penalized for
1807 local efforts to improve the State Highway System, the
1808 department shall, for the purpose of developing a tentative work
1809 program, allocate funds for new construction to the districts,
1810 except for the turnpike enterprise, based on equal parts of
1811 population and motor fuel tax collections. Funds for
1812 resurfacing, bridge repair and rehabilitation, bridge fender
1813 system construction or repair, public transit projects except
1814 public transit block grants as provided in s. 341.052 and rural
1815 transit operating block grants as provided in s. 341.0525, and
1816 other programs with quantitative needs assessments shall be
1817 allocated based on the results of these assessments. The
1818 department may not transfer any funds allocated to a district
1819 under this paragraph to any other district except as provided in
1820 subsection (7). Funds for public transit block grants shall be
1821 allocated to the districts pursuant to s. 341.052. Funds for
1822 rural transit operating block grants shall be allocated to the
1823 districts pursuant to s. 341.0525. Funds for the intercity bus
1824 program provided for under s. 5311(f) of the federal
1825 nonurbanized area formula program shall be administered and
1826 allocated directly to eligible bus carriers as defined in s.
1827 341.031(12) at the state level rather than the district. In
1828 order to provide state funding to support the intercity bus
1829 program provided for under provisions of the federal 5311(f)
1830 program, the department shall allocate an amount equal to the
1831 federal share of the 5311(f) program from amounts calculated
1832 pursuant to s. 206.46(3).
1833 2. Notwithstanding the provisions of subparagraph 1., the
1834 department shall allocate at least 50 percent of any new
1835 discretionary highway capacity funds to the Florida Strategic
1836 Intermodal System created pursuant to s. 339.61. Any remaining
1837 new discretionary highway capacity funds shall be allocated to
1838 the districts for new construction as provided in subparagraph
1839 1. For the purposes of this subparagraph, the term “new
1840 discretionary highway capacity funds” means any funds available
1841 to the department above the prior year funding level for
1842 capacity improvements, which the department has the discretion
1843 to allocate to highway projects.
1844 Section 41. Paragraph (b) of subsection (3) and paragraph
1845 (c) of subsection (4) of section 339.2821, Florida Statutes, are
1846 amended to read:
1847 339.2821 Economic development transportation projects.—
1848 (3)
1849 (b) The department must ensure that it is supportive of
1850 small businesses as defined in s. 337.027(2) small and minority
1851 businesses have equal access to participate in transportation
1852 projects funded pursuant to this section.
1853 (4) A contract between the department and a governmental
1854 body for a transportation project must:
1855 (c) Require that the governmental body provide the
1856 department with progress reports. Each progress report must
1857 contain:
1858 1. A narrative description of the work completed and
1859 whether the work is proceeding according to the transportation
1860 project schedule;
1861 2. A description of each change order executed by the
1862 governmental body;
1863 3. A budget summary detailing planned expenditures compared
1864 to actual expenditures; and
1865 4. The identity of each small or minority business used as
1866 a contractor or subcontractor.
1867 Section 42. Section 339.287, Florida Statutes, is repealed.
1868 Section 43. Paragraph (a) of subsection (5) of section
1869 339.63, Florida Statutes, is amended to read:
1870 339.63 System facilities designated; additions and
1871 deletions.—
1872 (5)(a) The Secretary of Transportation shall designate a
1873 planned facility as part of the Strategic Intermodal System upon
1874 request of the facility if it meets the criteria and thresholds
1875 established by the department pursuant to subsection (4), is
1876 meets the definition of an “intermodal logistics center” as
1877 defined in s. 311.101(2), and has been designated in a local
1878 comprehensive plan or local government development order as an
1879 intermodal logistics center or an equivalent planning term. For
1880 the purpose of this section, the term “intermodal logistics
1881 center” means a facility or group of facilities, including, but
1882 not limited to, an inland port, serving as a point of intermodal
1883 transfer of freight in a specific area physically separated from
1884 a seaport whose activities relating to transport, logistics,
1885 goods distribution, consolidation, or value-added activities are
1886 carried out and whose activities and services are designed to
1887 support or be supported by one or more seaports, as provided in
1888 s. 311.09, or an airport whose activities and services are
1889 designed to support the transport, logistics, goods
1890 distribution, consolidation, or value-added activities related
1891 to airborne cargo.
1892 Section 44. Subsections (3) and (7) of section 339.651,
1893 Florida Statutes, are amended to read:
1894 339.651 Strategic Intermodal System supply chain demands.—
1895 (3) The department may shall make up to $20 million
1896 available each year for fiscal years 2023-2024 through 2027
1897 2028, from the existing work program revenues, to fund projects
1898 that meet the public purpose of providing increased capacity and
1899 enhanced capabilities to move and store construction aggregate.
1900 Applicants eligible for project funding under this section are
1901 seaports listed in s. 311.09 and rail lines and rail facilities.
1902 (7) This section shall stand repealed on July 1, 2028.
1903 Section 45. Paragraph (b) of subsection (6) of section
1904 341.051, Florida Statutes, is amended to read:
1905 341.051 Administration and financing of public transit and
1906 intercity bus service programs and projects.—
1907 (6) ANNUAL APPROPRIATION.—
1908 (b) If funds are allocated to projects that qualify for the
1909 New Starts Transit Program in the current fiscal year and a
1910 project will not be ready for production by June 30, those funds
1911 must The remaining unallocated New Starts Transit Program funds
1912 as of June 30, 2024, shall be reallocated for the purpose of the
1913 Strategic Intermodal System within the State Transportation
1914 Trust Fund for the next fiscal year. This paragraph expires June
1915 30, 2026.
1916
1917 For purposes of this section, the term “net operating costs”
1918 means all operating costs of a project less any federal funds,
1919 fares, or other sources of income to the project.
1920 Section 46. Subsections (1) and (6) of section 341.052,
1921 Florida Statutes, are amended to read:
1922 341.052 Public transit block grant program; administration;
1923 eligible projects; limitation.—
1924 (1) There is created a public transit block grant program
1925 which shall be administered by the department. Block grant funds
1926 shall only be provided to “Section 9” providers and “Section 18”
1927 providers designated by the United States Department of
1928 Transportation pursuant to 49 U.S.C. s. 5307 and community
1929 transportation coordinators as defined in chapter 427. Eligible
1930 providers must establish public transportation development plans
1931 consistent, to the maximum extent feasible, with approved local
1932 government comprehensive plans of the units of local government
1933 in which the provider is located and the long-range
1934 transportation plans of the metropolitan planning organization
1935 in which the provider is located. In developing public
1936 transportation development plans, eligible providers must
1937 solicit comments from local workforce development boards
1938 established under chapter 445. The development plans must
1939 address how the public transit provider will work with the
1940 appropriate local workforce development board to provide
1941 services to participants in the welfare transition program.
1942 Eligible providers must provide information to the local
1943 workforce development board serving the county in which the
1944 provider is located regarding the availability of transportation
1945 services to assist program participants.
1946 (6) The department shall distribute 85 percent of the
1947 public transit block grant funds to “Section 9” and “Section 18”
1948 providers designated by the United States Department of
1949 Transportation pursuant to 49 U.S.C. s. 5307. The funds shall be
1950 distributed to such “Section 9” providers, and to “Section 18”
1951 providers that are not designated as community transportation
1952 coordinators pursuant to chapter 427, according to the following
1953 formula, except that at least $20,000 shall be distributed to
1954 each eligible provider if application of the formula provides
1955 less than that amount for any such provider:
1956 (a) One-third shall be distributed according to the
1957 percentage that an eligible provider’s county population in the
1958 most recent year for which those population figures are
1959 available from the state census repository is of the total
1960 population of all counties served by eligible providers.
1961 (b) One-third shall be distributed according to the
1962 percentage that the total revenue miles provided by an eligible
1963 provider, as verified by the most recent National Transit
1964 Database “Section 15” report to the Federal Transit
1965 Administration or a similar audited report submitted to the
1966 department, is of the total revenue miles provided by eligible
1967 providers in the state in that year.
1968 (c) One-third shall be distributed according to the
1969 percentage that the total passengers carried by an eligible
1970 provider, as verified by the most recent National Transit
1971 Database “Section 15” report submitted to the Federal Transit
1972 Administration or a similar audited report submitted to the
1973 department, is of the total number of passengers carried by
1974 eligible providers in the state in that year.
1975 Section 47. Section 341.0525, Florida Statutes, is created
1976 to read:
1977 341.0525 Rural transit operating block grant program;
1978 administration; eligible projects.—
1979 (1) There is created a rural transit operating block grant
1980 program that shall be administered by the department. Rural
1981 transit block grant funds are available only to public transit
1982 providers not eligible to receive public transit block grants
1983 pursuant to s. 341.052.
1984 (2) At least $3 million must be allocated annually from the
1985 State Transportation Trust Fund for the program. At least
1986 $20,000 must be distributed to each eligible provider if
1987 application of the following formula provides less than that
1988 amount for any such provider:
1989 (a) One-third must be distributed according to the
1990 percentage that an eligible provider’s non-urbanized county
1991 population in the most recent year official population estimate
1992 pursuant to s. 186.901 is of the total population of all
1993 counties served by eligible providers.
1994 (b) One-third must be distributed according to the
1995 percentage that the total non-urbanized revenue miles provided
1996 by an eligible provider, as verified by the most recent National
1997 Transit Database report or a similar audited report submitted to
1998 the department, is of the total rural revenue miles provided by
1999 eligible providers in the state in that year.
2000 (c) One-third must be distributed according to the
2001 percentage that the total non-urbanized passengers carried by an
2002 eligible provider, as verified by the most recent National
2003 Transit Database report or a similar audited report submitted to
2004 the department, is of the total number of passengers carried by
2005 eligible providers in the state in that year.
2006 (3) Grant funds must be used to pay public transit
2007 operating costs. State participation in such costs may not
2008 exceed 50 percent of such costs or an amount equal to the total
2009 revenue, excluding farebox, charter, and advertising revenue and
2010 federal funds, received by the provider for operating costs,
2011 whichever amount is less.
2012 (4)(a) An eligible public transit provider may not use
2013 block grant funds to supplant local tax revenues made available
2014 to such provider for operations in the previous year; however,
2015 the Secretary of Transportation may waive this provision for
2016 public transit providers located in a county recovering from a
2017 state of emergency declared pursuant to part I of chapter 252.
2018 (b) The state may not give any county more than 39 percent
2019 of the funds available for distribution under this section or
2020 more than the amount that local revenue sources provide to that
2021 county for its transit system.
2022 (5) To remain eligible to receive funding under the
2023 program, eligible public transit providers must comply with s.
2024 341.071(1) and (2).
2025 (6)(a) Any funds distributed to an eligible provider
2026 pursuant to subsection (2) which cannot be expended within the
2027 limitations of the program must be returned to the department
2028 for redistribution to other eligible providers.
2029 (b) The department may consult with an eligible provider,
2030 before distributing funds to that provider, to determine whether
2031 the provider can expend its total block grant within the
2032 limitations of the program. If the department and the provider
2033 agree that the total block grant amount cannot be expended, the
2034 provider may agree to accept a block grant amount of less than
2035 the total amount, in which case the funds that exceed such
2036 lesser agreed-upon amount must be redistributed to other
2037 eligible providers.
2038 (c) If an audit reveals that an eligible provider expended
2039 block grant funds on unauthorized uses, the provider must repay
2040 to the department an amount equal to the funds expended for
2041 unauthorized uses. The department shall redistribute such
2042 repayments to other eligible providers.
2043 Section 48. Subsection (5) of section 348.754, Florida
2044 Statutes, is amended to read:
2045 348.754 Purposes and powers.—
2046 (5) The authority shall encourage the inclusion of local
2047 and small local-, small-, minority-, and women-owned businesses
2048 in its procurement and contracting opportunities.
2049 Section 49. Subsection (2) of section 349.03, Florida
2050 Statutes, is amended to read:
2051 349.03 Jacksonville Transportation Authority.—
2052 (2) The governing body of the authority shall be composed
2053 consist of seven members. Four Three members shall be appointed
2054 by the Governor and confirmed by the Senate. Of the four members
2055 appointed by the Governor, one must be a resident of Duval
2056 County and three must be residents of Clay County, St. Johns
2057 County, or Nassau County. Three members shall be appointed by
2058 the mayor of the City of Jacksonville subject to confirmation by
2059 the council of the City of Jacksonville. The seventh member
2060 shall be the district secretary of the Department of
2061 Transportation serving in the district that contains the City of
2062 Jacksonville. Except for the seventh member, Members appointed
2063 by the mayor of the City of Jacksonville must shall be residents
2064 and qualified electors of Duval County.
2065 Section 50. Paragraphs (j) and (m) of subsection (2) of
2066 section 110.205, Florida Statutes, are amended to read:
2067 110.205 Career service; exemptions.—
2068 (2) EXEMPT POSITIONS.—The exempt positions that are not
2069 covered by this part include the following:
2070 (j) The appointed secretaries and the State Surgeon
2071 General, assistant secretaries, deputy secretaries, and deputy
2072 assistant secretaries of all departments; the executive
2073 directors, assistant executive directors, deputy executive
2074 directors, and deputy assistant executive directors of all
2075 departments; the directors of all divisions and those positions
2076 determined by the department to have managerial responsibilities
2077 comparable to such positions, which positions include, but are
2078 not limited to, program directors, assistant program directors,
2079 district administrators, deputy district administrators, the
2080 Director of Central Operations Services of the Department of
2081 Children and Families, the State Transportation Development
2082 Administrator, the State Public Transportation and Modal
2083 Administrator, district secretaries, district directors of
2084 transportation development, transportation operations,
2085 transportation support, and the managers of the offices of the
2086 Department of Transportation specified in s. 20.23(4)(b) s.
2087 20.23(3)(b). Unless otherwise fixed by law, the department shall
2088 set the salary and benefits of these positions and the positions
2089 of county health department directors and county health
2090 department administrators of the Department of Health in
2091 accordance with the rules of the Senior Management Service.
2092 (m) All assistant division director, deputy division
2093 director, and bureau chief positions in any department, and
2094 those positions determined by the department to have managerial
2095 responsibilities comparable to such positions, which include,
2096 but are not limited to:
2097 1. Positions in the Department of Health and the Department
2098 of Children and Families which are assigned primary duties of
2099 serving as the superintendent or assistant superintendent of an
2100 institution.
2101 2. Positions in the Department of Corrections which are
2102 assigned primary duties of serving as the warden, assistant
2103 warden, colonel, or major of an institution or that are assigned
2104 primary duties of serving as the circuit administrator or deputy
2105 circuit administrator.
2106 3. Positions in the Department of Transportation which are
2107 assigned primary duties of serving as regional toll managers and
2108 managers of offices, as specified in s. 20.23(4)(b) and (5)(c)
2109 s. 20.23(3)(b) and (4)(c).
2110 4. Positions in the Department of Environmental Protection
2111 which are assigned the duty of an Environmental Administrator or
2112 program administrator.
2113 5. Positions in the Department of Health which are assigned
2114 the duties of Environmental Administrator, Assistant County
2115 Health Department Director, and County Health Department
2116 Financial Administrator.
2117 6. Positions in the Department of Highway Safety and Motor
2118 Vehicles which are assigned primary duties of serving as
2119 captains in the Florida Highway Patrol.
2120
2121 Unless otherwise fixed by law, the department shall set the
2122 salary and benefits of the positions listed in this paragraph in
2123 accordance with the rules established for the Selected Exempt
2124 Service.
2125 Section 51. Paragraph (d) of subsection (3) of section
2126 322.27, Florida Statutes, is amended to read:
2127 322.27 Authority of department to suspend or revoke driver
2128 license or identification card.—
2129 (3) There is established a point system for evaluation of
2130 convictions of violations of motor vehicle laws or ordinances,
2131 and violations of applicable provisions of s. 403.413(6)(b) when
2132 such violations involve the use of motor vehicles, for the
2133 determination of the continuing qualification of any person to
2134 operate a motor vehicle. The department is authorized to suspend
2135 the license of any person upon showing of its records or other
2136 good and sufficient evidence that the licensee has been
2137 convicted of violation of motor vehicle laws or ordinances, or
2138 applicable provisions of s. 403.413(6)(b), amounting to 12 or
2139 more points as determined by the point system. The suspension
2140 shall be for a period of not more than 1 year.
2141 (d) The point system shall have as its basic element a
2142 graduated scale of points assigning relative values to
2143 convictions of the following violations:
2144 1. Reckless driving, willful and wanton—4 points.
2145 2. Leaving the scene of a crash resulting in property
2146 damage of more than $50—6 points.
2147 3. Unlawful speed, or unlawful use of a wireless
2148 communications device, resulting in a crash—6 points.
2149 4. Passing a stopped school bus:
2150 a. Not causing or resulting in serious bodily injury to or
2151 death of another—4 points.
2152 b. Causing or resulting in serious bodily injury to or
2153 death of another—6 points.
2154 c. Points may not be imposed for a violation of passing a
2155 stopped school bus as provided in s. 316.172(1)(a) or (b) when
2156 enforced by a school bus infraction detection system pursuant to
2157 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
2158 when enforced by a school bus infraction detection system
2159 pursuant to s. 316.173 may not be used for purposes of setting
2160 motor vehicle insurance rates.
2161 5. Unlawful speed:
2162 a. Not in excess of 15 miles per hour of lawful or posted
2163 speed—3 points.
2164 b. In excess of 15 miles per hour of lawful or posted
2165 speed—4 points.
2166 c. Points may not be imposed for a violation of unlawful
2167 speed as provided in s. 316.1895 or s. 316.183 when enforced by
2168 a traffic infraction enforcement officer pursuant to s.
2169 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
2170 when enforced by a traffic infraction enforcement officer
2171 pursuant to s. 316.1896 may not be used for purposes of setting
2172 motor vehicle insurance rates.
2173 6. A violation of a traffic control signal device as
2174 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
2175 However, points may not be imposed for a violation of s.
2176 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2177 stop at a traffic signal and when enforced by a traffic
2178 infraction enforcement officer. In addition, a violation of s.
2179 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2180 stop at a traffic signal and when enforced by a traffic
2181 infraction enforcement officer may not be used for purposes of
2182 setting motor vehicle insurance rates.
2183 7. Unlawfully driving a vehicle through a railroad-highway
2184 grade crossing—6 points.
2185 8. All other moving violations (including parking on a
2186 highway outside the limits of a municipality)—3 points. However,
2187 points may not be imposed for a violation of s. 316.0741 or s.
2188 316.2065(11); and points may be imposed for a violation of s.
2189 316.1001 only when imposed by the court after a hearing pursuant
2190 to s. 318.14(5).
2191 9. Any moving violation covered in this paragraph,
2192 excluding unlawful speed and unlawful use of a wireless
2193 communications device, resulting in a crash—4 points.
2194 10. Any conviction under s. 403.413(6)(b)—3 points.
2195 11. Any conviction under s. 316.0775(2)—4 points.
2196 12. A moving violation covered in this paragraph which is
2197 committed in conjunction with the unlawful use of a wireless
2198 communications device within a school safety zone—2 points, in
2199 addition to the points assigned for the moving violation.
2200 Section 52. Subsection (13) of section 365.172, Florida
2201 Statutes, is amended to read:
2202 365.172 Emergency communications.—
2203 (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
2204 IMPLEMENTATION.—To balance the public need for reliable
2205 emergency communications services through reliable wireless
2206 systems and the public interest served by governmental zoning
2207 and land development regulations and notwithstanding any other
2208 law or local ordinance to the contrary, the following standards
2209 shall apply to a local government’s actions, as a regulatory
2210 body, in the regulation of the placement, construction, or
2211 modification of a wireless communications facility. This
2212 subsection may not, however, be construed to waive or alter the
2213 provisions of s. 286.011 or s. 286.0115. For the purposes of
2214 this subsection only, “local government” shall mean any
2215 municipality or county and any agency of a municipality or
2216 county only. The term “local government” does not, however,
2217 include any airport, as defined in s. 330.27 by s. 330.27(2),
2218 even if it is owned or controlled by or through a municipality,
2219 county, or agency of a municipality or county. Further,
2220 notwithstanding anything in this section to the contrary, this
2221 subsection does not apply to or control a local government’s
2222 actions as a property or structure owner in the use of any
2223 property or structure owned by such entity for the placement,
2224 construction, or modification of wireless communications
2225 facilities. In the use of property or structures owned by the
2226 local government, however, a local government may not use its
2227 regulatory authority so as to avoid compliance with, or in a
2228 manner that does not advance, the provisions of this subsection.
2229 (a) Colocation among wireless providers is encouraged by
2230 the state.
2231 1.a. Colocations on towers, including nonconforming towers,
2232 that meet the requirements in sub-sub-subparagraphs (I), (II),
2233 and (III), are subject to only building permit review, which may
2234 include a review for compliance with this subparagraph. Such
2235 colocations are not subject to any design or placement
2236 requirements of the local government’s land development
2237 regulations in effect at the time of the colocation that are
2238 more restrictive than those in effect at the time of the initial
2239 antennae placement approval, to any other portion of the land
2240 development regulations, or to public hearing review. This sub
2241 subparagraph may not preclude a public hearing for any appeal of
2242 the decision on the colocation application.
2243 (I) The colocation does not increase the height of the
2244 tower to which the antennae are to be attached, measured to the
2245 highest point of any part of the tower or any existing antenna
2246 attached to the tower;
2247 (II) The colocation does not increase the ground space
2248 area, commonly known as the compound, approved in the site plan
2249 for equipment enclosures and ancillary facilities; and
2250 (III) The colocation consists of antennae, equipment
2251 enclosures, and ancillary facilities that are of a design and
2252 configuration consistent with all applicable regulations,
2253 restrictions, or conditions, if any, applied to the initial
2254 antennae placed on the tower and to its accompanying equipment
2255 enclosures and ancillary facilities and, if applicable, applied
2256 to the tower supporting the antennae. Such regulations may
2257 include the design and aesthetic requirements, but not
2258 procedural requirements, other than those authorized by this
2259 section, of the local government’s land development regulations
2260 in effect at the time the initial antennae placement was
2261 approved.
2262 b. Except for a historic building, structure, site, object,
2263 or district, or a tower included in sub-subparagraph a.,
2264 colocations on all other existing structures that meet the
2265 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
2266 to no more than building permit review, and an administrative
2267 review for compliance with this subparagraph. Such colocations
2268 are not subject to any portion of the local government’s land
2269 development regulations not addressed herein, or to public
2270 hearing review. This sub-subparagraph may not preclude a public
2271 hearing for any appeal of the decision on the colocation
2272 application.
2273 (I) The colocation does not increase the height of the
2274 existing structure to which the antennae are to be attached,
2275 measured to the highest point of any part of the structure or
2276 any existing antenna attached to the structure;
2277 (II) The colocation does not increase the ground space
2278 area, otherwise known as the compound, if any, approved in the
2279 site plan for equipment enclosures and ancillary facilities;
2280 (III) The colocation consists of antennae, equipment
2281 enclosures, and ancillary facilities that are of a design and
2282 configuration consistent with any applicable structural or
2283 aesthetic design requirements and any requirements for location
2284 on the structure, but not prohibitions or restrictions on the
2285 placement of additional colocations on the existing structure or
2286 procedural requirements, other than those authorized by this
2287 section, of the local government’s land development regulations
2288 in effect at the time of the colocation application; and
2289 (IV) The colocation consists of antennae, equipment
2290 enclosures, and ancillary facilities that are of a design and
2291 configuration consistent with all applicable restrictions or
2292 conditions, if any, that do not conflict with sub-sub
2293 subparagraph (III) and were applied to the initial antennae
2294 placed on the structure and to its accompanying equipment
2295 enclosures and ancillary facilities and, if applicable, applied
2296 to the structure supporting the antennae.
2297 c. Regulations, restrictions, conditions, or permits of the
2298 local government, acting in its regulatory capacity, that limit
2299 the number of colocations or require review processes
2300 inconsistent with this subsection do not apply to colocations
2301 addressed in this subparagraph.
2302 d. If only a portion of the colocation does not meet the
2303 requirements of this subparagraph, such as an increase in the
2304 height of the proposed antennae over the existing structure
2305 height or a proposal to expand the ground space approved in the
2306 site plan for the equipment enclosure, where all other portions
2307 of the colocation meet the requirements of this subparagraph,
2308 that portion of the colocation only may be reviewed under the
2309 local government’s regulations applicable to an initial
2310 placement of that portion of the facility, including, but not
2311 limited to, its land development regulations, and within the
2312 review timeframes of subparagraph (d)2., and the rest of the
2313 colocation shall be reviewed in accordance with this
2314 subparagraph. A colocation proposal under this subparagraph that
2315 increases the ground space area, otherwise known as the
2316 compound, approved in the original site plan for equipment
2317 enclosures and ancillary facilities by no more than a cumulative
2318 amount of 400 square feet or 50 percent of the original compound
2319 size, whichever is greater, shall, however, require no more than
2320 administrative review for compliance with the local government’s
2321 regulations, including, but not limited to, land development
2322 regulations review, and building permit review, with no public
2323 hearing review. This sub-subparagraph does not preclude a public
2324 hearing for any appeal of the decision on the colocation
2325 application.
2326 2. If a colocation does not meet the requirements of
2327 subparagraph 1., the local government may review the application
2328 under the local government’s regulations, including, but not
2329 limited to, land development regulations, applicable to the
2330 placement of initial antennae and their accompanying equipment
2331 enclosure and ancillary facilities.
2332 3. If a colocation meets the requirements of subparagraph
2333 1., the colocation may not be considered a modification to an
2334 existing structure or an impermissible modification of a
2335 nonconforming structure.
2336 4. The owner of the existing tower on which the proposed
2337 antennae are to be colocated shall remain responsible for
2338 compliance with any applicable condition or requirement of a
2339 permit or agreement, or any applicable condition or requirement
2340 of the land development regulations to which the existing tower
2341 had to comply at the time the tower was permitted, including any
2342 aesthetic requirements, provided the condition or requirement is
2343 not inconsistent with this paragraph.
2344 5. An existing tower, including a nonconforming tower, may
2345 be structurally modified in order to permit colocation or may be
2346 replaced through no more than administrative review and building
2347 permit review, and is not subject to public hearing review, if
2348 the overall height of the tower is not increased and, if a
2349 replacement, the replacement tower is a monopole tower or, if
2350 the existing tower is a camouflaged tower, the replacement tower
2351 is a like-camouflaged tower. This subparagraph may not preclude
2352 a public hearing for any appeal of the decision on the
2353 application.
2354 (b)1. A local government’s land development and
2355 construction regulations for wireless communications facilities
2356 and the local government’s review of an application for the
2357 placement, construction, or modification of a wireless
2358 communications facility shall only address land development or
2359 zoning issues. In such local government regulations or review,
2360 the local government may not require information on or evaluate
2361 a wireless provider’s business decisions about its service,
2362 customer demand for its service, or quality of its service to or
2363 from a particular area or site, unless the wireless provider
2364 voluntarily offers this information to the local government. In
2365 such local government regulations or review, a local government
2366 may not require information on or evaluate the wireless
2367 provider’s designed service unless the information or materials
2368 are directly related to an identified land development or zoning
2369 issue or unless the wireless provider voluntarily offers the
2370 information. Information or materials directly related to an
2371 identified land development or zoning issue may include, but are
2372 not limited to, evidence that no existing structure can
2373 reasonably be used for the antennae placement instead of the
2374 construction of a new tower, that residential areas cannot be
2375 served from outside the residential area, as addressed in
2376 subparagraph 3., or that the proposed height of a new tower or
2377 initial antennae placement or a proposed height increase of a
2378 modified tower, replacement tower, or colocation is necessary to
2379 provide the provider’s designed service. Nothing in this
2380 paragraph shall limit the local government from reviewing any
2381 applicable land development or zoning issue addressed in its
2382 adopted regulations that does not conflict with this section,
2383 including, but not limited to, aesthetics, landscaping, land
2384 use-based location priorities, structural design, and setbacks.
2385 2. Any setback or distance separation required of a tower
2386 may not exceed the minimum distance necessary, as determined by
2387 the local government, to satisfy the structural safety or
2388 aesthetic concerns that are to be protected by the setback or
2389 distance separation.
2390 3. A local government may exclude the placement of wireless
2391 communications facilities in a residential area or residential
2392 zoning district but only in a manner that does not constitute an
2393 actual or effective prohibition of the provider’s service in
2394 that residential area or zoning district. If a wireless provider
2395 demonstrates to the satisfaction of the local government that
2396 the provider cannot reasonably provide its service to the
2397 residential area or zone from outside the residential area or
2398 zone, the municipality or county and provider shall cooperate to
2399 determine an appropriate location for a wireless communications
2400 facility of an appropriate design within the residential area or
2401 zone. The local government may require that the wireless
2402 provider reimburse the reasonable costs incurred by the local
2403 government for this cooperative determination. An application
2404 for such cooperative determination may not be considered an
2405 application under paragraph (d).
2406 4. A local government may impose a reasonable fee on
2407 applications to place, construct, or modify a wireless
2408 communications facility only if a similar fee is imposed on
2409 applicants seeking other similar types of zoning, land use, or
2410 building permit review. A local government may impose fees for
2411 the review of applications for wireless communications
2412 facilities by consultants or experts who conduct code compliance
2413 review for the local government but any fee is limited to
2414 specifically identified reasonable expenses incurred in the
2415 review. A local government may impose reasonable surety
2416 requirements to ensure the removal of wireless communications
2417 facilities that are no longer being used.
2418 5. A local government may impose design requirements, such
2419 as requirements for designing towers to support colocation or
2420 aesthetic requirements, except as otherwise limited in this
2421 section, but may not impose or require information on compliance
2422 with building code type standards for the construction or
2423 modification of wireless communications facilities beyond those
2424 adopted by the local government under chapter 553 and that apply
2425 to all similar types of construction.
2426 (c) Local governments may not require wireless providers to
2427 provide evidence of a wireless communications facility’s
2428 compliance with federal regulations, except evidence of
2429 compliance with applicable Federal Aviation Administration
2430 requirements under 14 C.F.R. part 77, as amended, and evidence
2431 of proper Federal Communications Commission licensure, or other
2432 evidence of Federal Communications Commission authorized
2433 spectrum use, but may request the Federal Communications
2434 Commission to provide information as to a wireless provider’s
2435 compliance with federal regulations, as authorized by federal
2436 law.
2437 (d)1. A local government shall grant or deny each properly
2438 completed application for a colocation under subparagraph (a)1.
2439 based on the application’s compliance with the local
2440 government’s applicable regulations, as provided for in
2441 subparagraph (a)1. and consistent with this subsection, and
2442 within the normal timeframe for a similar building permit review
2443 but in no case later than 45 business days after the date the
2444 application is determined to be properly completed in accordance
2445 with this paragraph.
2446 2. A local government shall grant or deny each properly
2447 completed application for any other wireless communications
2448 facility based on the application’s compliance with the local
2449 government’s applicable regulations, including but not limited
2450 to land development regulations, consistent with this subsection
2451 and within the normal timeframe for a similar type review but in
2452 no case later than 90 business days after the date the
2453 application is determined to be properly completed in accordance
2454 with this paragraph.
2455 3.a. An application is deemed submitted or resubmitted on
2456 the date the application is received by the local government. If
2457 the local government does not notify the applicant in writing
2458 that the application is not completed in compliance with the
2459 local government’s regulations within 20 business days after the
2460 date the application is initially submitted or additional
2461 information resubmitted, the application is deemed, for
2462 administrative purposes only, to be properly completed and
2463 properly submitted. However, the determination may not be deemed
2464 as an approval of the application. If the application is not
2465 completed in compliance with the local government’s regulations,
2466 the local government shall so notify the applicant in writing
2467 and the notification must indicate with specificity any
2468 deficiencies in the required documents or deficiencies in the
2469 content of the required documents which, if cured, make the
2470 application properly completed. Upon resubmission of information
2471 to cure the stated deficiencies, the local government shall
2472 notify the applicant, in writing, within the normal timeframes
2473 of review, but in no case longer than 20 business days after the
2474 additional information is submitted, of any remaining
2475 deficiencies that must be cured. Deficiencies in document type
2476 or content not specified by the local government do not make the
2477 application incomplete. Notwithstanding this sub-subparagraph,
2478 if a specified deficiency is not properly cured when the
2479 applicant resubmits its application to comply with the notice of
2480 deficiencies, the local government may continue to request the
2481 information until such time as the specified deficiency is
2482 cured. The local government may establish reasonable timeframes
2483 within which the required information to cure the application
2484 deficiency is to be provided or the application will be
2485 considered withdrawn or closed.
2486 b. If the local government fails to grant or deny a
2487 properly completed application for a wireless communications
2488 facility within the timeframes set forth in this paragraph, the
2489 application shall be deemed automatically approved and the
2490 applicant may proceed with placement of the facilities without
2491 interference or penalty. The timeframes specified in
2492 subparagraph 2. may be extended only to the extent that the
2493 application has not been granted or denied because the local
2494 government’s procedures generally applicable to all other
2495 similar types of applications require action by the governing
2496 body and such action has not taken place within the timeframes
2497 specified in subparagraph 2. Under such circumstances, the local
2498 government must act to either grant or deny the application at
2499 its next regularly scheduled meeting or, otherwise, the
2500 application is deemed to be automatically approved.
2501 c. To be effective, a waiver of the timeframes set forth in
2502 this paragraph must be voluntarily agreed to by the applicant
2503 and the local government. A local government may request, but
2504 not require, a waiver of the timeframes by the applicant, except
2505 that, with respect to a specific application, a one-time waiver
2506 may be required in the case of a declared local, state, or
2507 federal emergency that directly affects the administration of
2508 all permitting activities of the local government.
2509 (e) The replacement of or modification to a wireless
2510 communications facility, except a tower, that results in a
2511 wireless communications facility not readily discernibly
2512 different in size, type, and appearance when viewed from ground
2513 level from surrounding properties, and the replacement or
2514 modification of equipment that is not visible from surrounding
2515 properties, all as reasonably determined by the local
2516 government, are subject to no more than applicable building
2517 permit review.
2518 (f) Any other law to the contrary notwithstanding, the
2519 Department of Management Services shall negotiate, in the name
2520 of the state, leases for wireless communications facilities that
2521 provide access to state government-owned property not acquired
2522 for transportation purposes, and the Department of
2523 Transportation shall negotiate, in the name of the state, leases
2524 for wireless communications facilities that provide access to
2525 property acquired for state rights-of-way. On property acquired
2526 for transportation purposes, leases shall be granted in
2527 accordance with s. 337.251. On other state government-owned
2528 property, leases shall be granted on a space available, first
2529 come, first-served basis. Payments required by state government
2530 under a lease must be reasonable and must reflect the market
2531 rate for the use of the state government-owned property. The
2532 Department of Management Services and the Department of
2533 Transportation are authorized to adopt rules for the terms and
2534 conditions and granting of any such leases.
2535 (g) If any person adversely affected by any action, or
2536 failure to act, or regulation, or requirement of a local
2537 government in the review or regulation of the wireless
2538 communication facilities files an appeal or brings an
2539 appropriate action in a court or venue of competent
2540 jurisdiction, following the exhaustion of all administrative
2541 remedies, the matter shall be considered on an expedited basis.
2542 Section 53. Subsection (2) of section 379.2293, Florida
2543 Statutes, is amended to read:
2544 379.2293 Airport activities within the scope of a federally
2545 approved wildlife hazard management plan or a federal or state
2546 permit or other authorization for depredation or harassment.—
2547 (2) An airport authority or other entity owning or
2548 operating an airport, as defined in s. 330.27 s. 330.27(2), is
2549 not subject to any administrative or civil penalty, restriction,
2550 or other sanction with respect to any authorized action taken in
2551 a non-negligent manner for the purpose of protecting human life
2552 or aircraft safety from wildlife hazards.
2553 Section 54. Subsection (22) of section 493.6101, Florida
2554 Statutes, is amended to read:
2555 493.6101 Definitions.—
2556 (22) “Repossession” means the recovery of a motor vehicle
2557 as defined under s. 320.01(1), a mobile home as defined in s.
2558 320.01(2), a motorboat as defined under s. 327.02, an aircraft
2559 as defined in s. 330.27 s. 330.27(1), a personal watercraft as
2560 defined in s. 327.02, an all-terrain vehicle as defined in s.
2561 316.2074, farm equipment as defined under s. 686.402, or
2562 industrial equipment, by an individual who is authorized by the
2563 legal owner, lienholder, or lessor to recover, or to collect
2564 money payment in lieu of recovery of, that which has been sold
2565 or leased under a security agreement that contains a
2566 repossession clause. As used in this subsection, the term
2567 “industrial equipment” includes, but is not limited to,
2568 tractors, road rollers, cranes, forklifts, backhoes, and
2569 bulldozers. The term “industrial equipment” also includes other
2570 vehicles that are propelled by power other than muscular power
2571 and that are used in the manufacture of goods or used in the
2572 provision of services. A repossession is complete when a
2573 licensed recovery agent is in control, custody, and possession
2574 of such repossessed property. Property that is being repossessed
2575 shall be considered to be in the control, custody, and
2576 possession of a recovery agent if the property being repossessed
2577 is secured in preparation for transport from the site of the
2578 recovery by means of being attached to or placed on the towing
2579 or other transport vehicle or if the property being repossessed
2580 is being operated or about to be operated by an employee of the
2581 recovery agency.
2582 Section 55. Paragraph (c) of subsection (1) of section
2583 493.6403, Florida Statutes, is amended to read:
2584 493.6403 License requirements.—
2585 (1) In addition to the license requirements set forth in
2586 this chapter, each individual or agency shall comply with the
2587 following additional requirements:
2588 (c) An applicant for a Class “E” license shall have at
2589 least 1 year of lawfully gained, verifiable, full-time
2590 experience in one, or a combination of more than one, of the
2591 following:
2592 1. Repossession of motor vehicles as defined in s.
2593 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
2594 as defined in s. 327.02, aircraft as defined in s. 330.27 s.
2595 330.27(1), personal watercraft as defined in s. 327.02, all
2596 terrain vehicles as defined in s. 316.2074, farm equipment as
2597 defined under s. 686.402, or industrial equipment as defined in
2598 s. 493.6101(22).
2599 2. Work as a Class “EE” licensed intern.
2600 Section 56. This act shall take effect July 1, 2025.