CS for CS for CS for SB 1662 Second Engrossed
20251662e2
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; defining the term “cargo purposes”;
51 amending s. 311.101, F.S.; revising the definition of
52 the term “intermodal logistics center”; creating an
53 intermodal logistics center working group within the
54 department; providing the composition of the working
55 group membership; specifying that members of the
56 working group serve without compensation but are
57 eligible for per diem and travel expenses; providing
58 responsibilities of the working group; requiring the
59 working group to submit a report to the Governor and
60 the Legislature by a specified date; providing for the
61 future repeal of the working group; amending s.
62 316.003, F.S.; revising the definition of the term
63 “special mobile equipment”; repealing s. 316.0741,
64 F.S., relating to high-occupancy-vehicle lanes;
65 amending s. 316.0745, F.S.; deleting language limiting
66 the state funds that may be withheld due to certain
67 violations by a public body or official to state funds
68 for traffic control purposes; providing that such
69 violations are cause for the withholding of state
70 funds deposited in the State Transportation Trust
71 Fund; amending s. 316.550, F.S.; authorizing the
72 department to issue a mobile crane special blanket
73 permit for certain purposes; amending s. 320.084,
74 F.S.; providing for disabled veteran motor vehicle
75 license plates in lieu of “DV” motor vehicle license
76 plates; revising construction; amending s. 320.0848,
77 F.S.; conforming a provision to changes made by the
78 act; amending s. 330.27, F.S.; revising definitions
79 and defining terms; amending s. 330.30, F.S.;
80 requiring a private airport of public interest to
81 obtain a certain certificate from the department
82 before allowing aircraft operations; requiring certain
83 private airports to obtain a certain certificate from
84 the department by a specified date; creating s.
85 330.355, F.S.; prohibiting publicly owned airports
86 from charging a landing fee established on or after a
87 specified date for certain aircraft operations;
88 amending s. 331.371, F.S.; authorizing the department,
89 in consultation with the Department of Commerce and
90 the Department of Environmental Protection, to fund
91 certain infrastructure projects and projects
92 associated with certain critical infrastructure
93 projects; requiring such departments to coordinate in
94 funding certain projects for a specified purpose;
95 amending s. 332.003, F.S.; revising a short title;
96 amending s. 332.005, F.S.; requiring airports to
97 provide the Department of Transportation with the
98 opportunity to use certain airport property for a
99 specified purpose during a declared state of
100 emergency; requiring that such use be conducted
101 pursuant to a written agreement after a certain period
102 of use; amending s. 332.006, F.S.; deleting a
103 requirement that the department meet certain duties
104 and responsibilities within the resources provided
105 pursuant to a specified chapter; providing duties and
106 responsibilities of the department relating to certain
107 educational services; amending s. 332.007, F.S.;
108 requiring commercial service airports to establish and
109 maintain a certain program; defining the term “airport
110 infrastructure”; requiring that such airports provide
111 a certain annual certification to the department;
112 requiring that a certain program report be open to
113 department inspection and maintained for a specified
114 period; providing requirements for such program;
115 revising the list of projects for which the department
116 must provide priority funding; authorizing the
117 department to fund eligible projects performed by
118 certain organizations and postsecondary education
119 institutions; providing that certain programs are
120 eligible projects; authorizing the department to
121 provide certain matching funds; revising the
122 circumstances in which the department may fund
123 strategic airport investment projects; amending s.
124 332.0075, F.S.; revising definitions; requiring that
125 certain information remain posted on a governing
126 body’s website for a certain period; revising the
127 information that must be included on such website;
128 requiring the quarterly, rather than annual, update of
129 certain information; revising information that the
130 governing body of a commercial service airport must
131 submit to the department annually; requiring a
132 commercial service airport to provide certain
133 notifications to the department; creating s. 332.15,
134 F.S.; requiring the department to address certain
135 needs in the statewide aviation system plan and the
136 department’s work program, designate a certain subject
137 matter expert, conduct a specified review, and, in
138 coordination with the Department of Commerce, provide
139 certain coordination and assistance for the
140 development of a viable advanced air mobility system
141 plan; amending s. 334.044, F.S.; revising the general
142 powers and duties of the department; amending s.
143 334.045, F.S.; requiring certain measures developed
144 and adopted by the Florida Transportation Commission
145 to assess performance in a specified business
146 development program, instead of disadvantaged business
147 enterprise and minority business programs; creating s.
148 334.615, F.S.; authorizing certain parking authorities
149 to operate, manage, and control certain parking
150 facilities upon entering into certain interlocal
151 agreements; creating s. 334.62, F.S.; providing
152 legislative findings; establishing the Florida
153 Transportation Academy within the department;
154 authorizing the department to coordinate with certain
155 entities for specified purposes; amending s. 335.182,
156 F.S.; defining the term “modification of an existing
157 connection”; revising the definition of the term
158 “significant change”; amending s. 335.187, F.S.;
159 authorizing the department to modify or revoke certain
160 access permits by requiring modification of an
161 existing connection in certain circumstances; amending
162 s. 337.027, F.S.; revising the definition of the term
163 “small business”; authorizing the department to
164 provide notice of certain opportunities; amending s.
165 337.11, F.S.; requiring the department to give
166 consideration to small business participation, instead
167 of disadvantaged business enterprise participation;
168 repealing s. 337.125, F.S., relating to socially and
169 economically disadvantaged business enterprises and
170 notice requirements; repealing s. 337.135, F.S.,
171 relating to socially and economically disadvantaged
172 business enterprises and punishment for false
173 representation; repealing s. 337.139, F.S., relating
174 to efforts to encourage awarding contracts to
175 disadvantaged business enterprises; amending s.
176 337.18, F.S.; authorizing the Secretary of
177 Transportation to require a surety bond in an amount
178 that is less than the awarded contract price; amending
179 s. 337.251, F.S.; revising factors that may be
180 considered by the department when selecting certain
181 proposals; amending s. 337.401, F.S.; prohibiting a
182 municipality from prohibiting, or requiring a permit
183 for, the installation of certain public sewer
184 transmission lines; amending s. 337.406, F.S.;
185 prohibiting camping on any portion of the right-of-way
186 of the State Highway System; providing applicability;
187 amending s. 338.227, F.S.; revising the purpose for
188 which the department and the Department of Management
189 Services shall create and implement a certain outreach
190 program; repealing s. 339.0805, F.S., relating to
191 funds to be expended with certified disadvantaged
192 business enterprises, a construction management
193 development program, and a bond guarantee program;
194 amending s. 339.135, F.S.; revising the reports
195 required to be submitted to the legislative
196 appropriations committees by the department for
197 purposes of legislative budget requests and requests
198 for lists of additional transportation projects;
199 amending s. 339.2821, F.S.; requiring the department
200 to ensure that it is supportive of small businesses,
201 rather than ensuring that small and minority
202 businesses have equal access to participation in
203 certain transportation projects; repealing s. 339.287,
204 F.S., relating to electric vehicle charging stations
205 and infrastructure plan development; amending s.
206 339.63, F.S.; deleting the definition of the term
207 “intermodal logistics center”; amending s. 339.651,
208 F.S.; authorizing, rather than requiring, the
209 department to make a certain amount available from the
210 existing work program to fund certain projects
211 annually; deleting the scheduled repeal of provisions
212 relating to Strategic Intermodal System supply chain
213 demands; amending s. 341.051, F.S.; providing for the
214 reallocation of certain funds; deleting the scheduled
215 repeal of provisions providing for the reallocation of
216 certain funds; amending s. 341.052, F.S.; revising the
217 list of providers to which certain block grant funds
218 shall be provided; revising the specified report used
219 to verify certain data; amending s. 348.754, F.S.;
220 revising the types of businesses the Central Florida
221 Expressway Authority is required to encourage the
222 inclusion of in certain opportunities; amending s.
223 349.03, F.S.; revising membership requirements for the
224 governing body of the Jacksonville Transportation
225 Authority; amending ss. 110.205, 322.27, 365.172,
226 379.2293, 493.6101, and 493.6403, F.S.; conforming
227 cross-references and provisions to changes made by the
228 act; requiring the department to coordinate with state
229 agencies and water management districts to establish a
230 workgroup for a certain purpose relating to statewide
231 mapping programs; providing that the department is the
232 lead agency for the development and review of certain
233 policies, practices, and standards for a specified
234 fiscal year; authorizing the department to issue a
235 request for proposals for the procurement of a program
236 to manage certain survey, mapping, and data
237 collection; requiring the department, in coordination
238 with the workgroup, to review state statutes and
239 policies related to geospatial data sharing and make
240 certain recommendations to the Legislature by a
241 certain date; providing requirements for such
242 recommendations; providing an effective date.
243
244 Be It Enacted by the Legislature of the State of Florida:
245
246 Section 1. Present subsections (3) through (6) of section
247 20.23, Florida Statutes, are redesignated as subsections (4)
248 through (7), respectively, a new subsection (3) is added to that
249 section, and paragraph (d) of subsection (1), paragraphs (a),
250 (b), and (g) of subsection (2), and paragraph (b) of present
251 subsection (3) of that section are amended, to read:
252 20.23 Department of Transportation.—There is created a
253 Department of Transportation which shall be a decentralized
254 agency.
255 (1)
256 (d) The secretary may appoint up to three assistant
257 secretaries, who shall serve as the Chief Operations Officer,
258 Chief Finance and Administration Officer, and Chief Strategic
259 Development Officer, respectively; be directly responsible to
260 the secretary; and who shall perform such duties as are assigned
261 by the secretary. The secretary may also appoint an Executive
262 Director of Transportation Technology. Such assistant secretary
263 and executive director positions are exempt from career service
264 pursuant to s. 110.205(2)(j) and are included in the Senior
265 Management Service. The secretary shall designate to an
266 assistant secretary the duties related to enhancing economic
267 prosperity, including, but not limited to, the responsibility of
268 liaison with the head of economic development in the Executive
269 Office of the Governor. Such assistant secretary shall be
270 directly responsible for providing the Executive Office of the
271 Governor with investment opportunities and transportation
272 projects that expand the state’s role as a global hub for trade
273 and investment and enhance the supply chain system in the state
274 to process, assemble, and ship goods to markets throughout the
275 eastern United States, Canada, the Caribbean, and Latin America.
276 The secretary may delegate to any assistant secretary the
277 authority to act in the absence of the secretary.
278 (2)(a)1. The Florida Transportation Commission is hereby
279 created and shall be composed consist of nine members appointed
280 by the Governor subject to confirmation by the Senate. Members
281 of the commission shall serve terms of 4 years each.
282 2. Members shall be appointed in such a manner as to
283 equitably represent all geographic areas of the state. Each
284 member must be a registered voter and a citizen of the state. At
285 least three members of the commission must be representatives of
286 or possess expertise in the higher education, transportation, or
287 workforce development industries Each member of the commission
288 must also possess business managerial experience in the private
289 sector.
290 3. A member of the commission shall represent the
291 transportation needs of the state as a whole and may not
292 subordinate the needs of the state to those of any particular
293 area of the state.
294 4. The commission is assigned to the Office of the
295 Secretary of the Department of Transportation for administrative
296 and fiscal accountability purposes, but it shall otherwise
297 function independently of the control and direction of the
298 department.
299 (b) The commission shall:
300 1. Recommend major transportation policies for the
301 Governor’s approval and assure that approved policies and any
302 revisions are properly executed.
303 2. Periodically review the status of the state
304 transportation system, including highway, transit, rail,
305 seaport, intermodal development, and aviation components of the
306 system, and recommend improvements to the Governor and the
307 Legislature.
308 3. Perform an in-depth evaluation of the annual department
309 budget request, the Florida Transportation Plan, and the
310 tentative work program for compliance with all applicable laws
311 and established departmental policies. Except as specifically
312 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
313 not consider individual construction projects but shall consider
314 methods of accomplishing the goals of the department in the most
315 effective, efficient, and businesslike manner.
316 4. Monitor the financial status of the department on a
317 regular basis to assure that the department is managing revenue
318 and bond proceeds responsibly and in accordance with law and
319 established policy.
320 5. Monitor on at least a quarterly basis the efficiency,
321 productivity, and management of the department using performance
322 and production standards developed by the commission pursuant to
323 s. 334.045.
324 6. Perform an in-depth evaluation of the factors causing
325 disruption of project schedules in the adopted work program and
326 recommend to the Governor and the Legislature methods to
327 eliminate or reduce the disruptive effects of these factors.
328 7. Recommend to the Governor and the Legislature
329 improvements to the department’s organization in order to
330 streamline and optimize the efficiency of the department. In
331 reviewing the department’s organization, the commission shall
332 determine if the current district organizational structure is
333 responsive to this state’s changing economic and demographic
334 development patterns. The report by the commission must be
335 delivered to the Governor and the Legislature by December 15
336 each year, as appropriate. The commission may retain experts as
337 necessary to carry out this subparagraph, and the department
338 shall pay the expenses of the experts.
339 8. Monitor the efficiency, productivity, and management of
340 the agencies and authorities created under chapters 348 and 349;
341 the Mid-Bay Bridge Authority re-created pursuant to chapter
342 2000-411, Laws of Florida; and any authority formed under
343 chapter 343; and any transit entity that receives funding under
344 the public transit block grant program pursuant to s. 341.052.
345 The commission shall also conduct periodic reviews of each
346 agency’s and authority’s operations and budget, acquisition of
347 property, management of revenue and bond proceeds, and
348 compliance with applicable laws and generally accepted
349 accounting principles.
350 (g) A member of the commission shall follow the standards
351 of conduct for public officers provided in s. 112.313 may not
352 have any interest, direct or indirect, in any contract,
353 franchise, privilege, or other benefit granted or awarded by the
354 department during the term of his or her appointment and for 2
355 years after the termination of such appointment.
356 (3) The Legislature finds that the transportation industry
357 is critical to the economic future of this state and that the
358 competitiveness of the industry in this state depends upon the
359 development and maintenance of a qualified workforce and
360 cutting-edge research and innovation. The Legislature further
361 finds that the transportation industry in this state has varied
362 and complex workforce needs ranging from technical and
363 mechanical training to continuing education opportunities for
364 workers with advanced degrees and certifications. The timely
365 need also exists for coordinated research and innovation efforts
366 to promote emerging technologies and innovative construction
367 methods and tools and to address alternative funding mechanisms.
368 It is the intent of the Legislature to support programs designed
369 to address the workforce development needs of the state’s
370 transportation industry.
371 (a) The Florida Transportation Research Institute is
372 created as a consortium of higher education professionals. The
373 purpose of the institute is to drive cutting-edge research,
374 innovation, transformational technologies, and breakthrough
375 solutions and to support workforce development efforts that
376 contribute to this state’s transportation industry.
377 (b) The mission of the institute is to advance the state’s
378 transportation infrastructure and systems through research,
379 education, and engagement for a safer and more efficient,
380 resilient, and innovative movement of people and goods
381 throughout this state.
382 (c) The institute shall report to the department and shall
383 be composed of members from the University of Florida, Indian
384 River State College, the University of Central Florida, the
385 University of South Florida, and Florida International
386 University. The department shall select a member to serve as the
387 administrative lead of the institute. The department shall
388 assess the performance of the administrative lead periodically
389 to ensure accountability and assess the attainment of
390 performance goals.
391 (d) The Secretary of Transportation shall appoint a
392 representative of the department to serve as the executive
393 director of the institute. The department shall coordinate with
394 the members of the institute to adopt policies establishing the
395 institute’s executive committee and mission statement.
396 (e) The institute may award grants in alignment with its
397 purpose. Such grants may be directed to member and nonmember
398 institutions that have a proven expertise relevant to the grant,
399 including not-for-profit organizations and institutions of
400 higher education.
401 (f) The department may allocate funds to the institute from
402 the State Transportation Trust Fund. The institute may expend
403 such funds for the institute’s operations and programs to
404 support research and innovation projects that provide solutions
405 for this state’s transportation needs.
406 (g) The institute shall submit an annual report of
407 performance metrics to the Secretary of Transportation and the
408 commission. The report must include, but is not limited to,
409 expenditures of funds allocated to the institute by the
410 department, ongoing and proposed research efforts, and the
411 application and success of past research efforts.
412 (4)(3)
413 (b) The secretary may appoint positions at the level of
414 deputy assistant secretary or director which the secretary deems
415 necessary to accomplish the mission and goals of the department,
416 including, but not limited to, the areas of program
417 responsibility provided in this paragraph, each of whom shall be
418 appointed by and serve at the pleasure of the secretary. The
419 secretary may combine, separate, or delete offices as needed in
420 consultation with the Executive Office of the Governor. The
421 department’s areas of program responsibility include, but are
422 not limited to, all of the following:
423 1. Administration.
424 2. Planning.
425 3. Supply chain and modal development.
426 4. Design.
427 5. Highway operations.
428 6. Right-of-way.
429 7. Toll operations.
430 8. Transportation technology.
431 9. Information technology systems.
432 10. Motor carrier weight inspection.
433 11. Work program and budget.
434 12. Comptroller.
435 13. Construction.
436 14. Statewide corridors.
437 15. Maintenance.
438 16. Forecasting and performance.
439 17. Emergency management.
440 18. Safety.
441 19. Materials.
442 20. Infrastructure and innovation.
443 21. Permitting.
444 22. Traffic operations.
445 23. Operational technology.
446 Section 2. Paragraph (b) of subsection (3) of section
447 311.07, Florida Statutes, is amended to read:
448 311.07 Florida seaport transportation and economic
449 development funding.—
450 (3)
451 (b) Projects eligible for funding by grants under the
452 program are limited to the following port facilities or port
453 transportation projects:
454 1. Transportation facilities within the jurisdiction of the
455 port.
456 2. The dredging or deepening of channels, turning basins,
457 or harbors.
458 3. The construction or rehabilitation of wharves, docks,
459 structures, jetties, piers, storage facilities, cruise
460 terminals, automated people mover systems, or any facilities
461 necessary or useful in connection with any of the foregoing.
462 4. The acquisition of vessel tracking systems, container
463 cranes, or other mechanized equipment used in the movement of
464 cargo or passengers in international commerce.
465 5. The acquisition of land to be used for port purposes.
466 6. The acquisition, improvement, enlargement, or extension
467 of existing port facilities.
468 7. Environmental protection projects which are necessary
469 because of requirements imposed by a state agency as a condition
470 of a permit or other form of state approval; which are necessary
471 for environmental mitigation required as a condition of a state,
472 federal, or local environmental permit; which are necessary for
473 the acquisition of spoil disposal sites and improvements to
474 existing and future spoil sites; or which result from the
475 funding of eligible projects listed in this paragraph.
476 8. Transportation facilities as defined in s. 334.03(30)
477 which are not otherwise part of the Department of
478 Transportation’s adopted work program.
479 9. Intermodal access projects.
480 10. Construction or rehabilitation of port facilities as
481 defined in s. 315.02, excluding any park or recreational
482 facilities, in ports listed in s. 311.09(1) with operating
483 revenues of $5 million or less, provided that such projects
484 create economic development opportunities, capital improvements,
485 and positive financial returns to such ports.
486 11. Seaport master plan or strategic plan development or
487 updates, including the purchase of data to support such plans.
488 12. Spaceport or space industry-related planning or
489 construction of facilities on seaport property which are
490 necessary or useful for advancing the space industry in this
491 state and provide an economic benefit to this state.
492 13. Commercial shipbuilding and manufacturing facilities on
493 seaport property, if such projects provide an economic benefit
494 to the community in which the seaport is located.
495 Section 3. Subsections (1) and (3) of section 311.09,
496 Florida Statutes, are amended to read:
497 311.09 Florida Seaport Transportation and Economic
498 Development Council.—
499 (1) The Florida Seaport Transportation and Economic
500 Development Council is created within the Department of
501 Transportation. The purpose of the council is to support the
502 growth of seaports in this state through review, development,
503 and financing of port transportation and port facilities. The
504 council is composed consists of the following 18 members: the
505 port director, or the port director’s designee, of each of the
506 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce,
507 Palm Beach, Port Everglades, Miami, Port Manatee, St.
508 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
509 Pensacola, Key West, and Fernandina; the secretary of the
510 Department of Transportation or his or her designee; and the
511 secretary of the Department of Commerce or his or her designee.
512 (3) The council shall prepare a 5-year Florida Seaport
513 Mission Plan defining the goals and objectives of the council
514 concerning the development of port facilities and an intermodal
515 transportation system consistent with the goals of the Florida
516 Transportation Plan developed pursuant to s. 339.155. The
517 Florida Seaport Mission Plan shall include specific
518 recommendations for the construction of transportation
519 facilities connecting any port to another transportation mode,
520 the construction of transportation facilities connecting any
521 port to the space and aerospace industries, and for the
522 efficient, cost-effective development of transportation
523 facilities or port facilities for the purpose of enhancing
524 trade, promoting cargo flow, increasing cruise passenger
525 movements, increasing port revenues, and providing economic
526 benefits to the state. The council shall develop a priority list
527 of projects based on these recommendations annually and submit
528 the list to the Department of Transportation. The council shall
529 update the 5-year Florida Seaport Mission Plan annually and
530 shall submit the plan no later than February 1 of each year to
531 the President of the Senate, the Speaker of the House of
532 Representatives, the Department of Commerce, and the Department
533 of Transportation. The council shall develop programs, based on
534 an examination of existing programs in Florida and other states,
535 for the training of minorities and secondary school students in
536 job skills associated with employment opportunities in the
537 maritime industry, and report on progress and recommendations
538 for further action to the President of the Senate and the
539 Speaker of the House of Representatives annually. Each port
540 member of the council shall submit a semiannual report related
541 to his or her port’s operations and support of the state’s
542 economic competitiveness and supply chain. Reports must be
543 submitted to the Department of Transportation and include any
544 information required by the Department of Transportation in
545 consultation with the Department of Commerce. Such reports must
546 include, but are not limited to, all of the following
547 information:
548 (a) Bulk break capacity.
549 (b) Liquid storage and capacity.
550 (c) Fuel storage and capacity.
551 (d) Container capacity.
552 (e) A description of any supply chain disruption.
553 Section 4. Subsection (4) is added to section 311.10,
554 Florida Statutes, to read:
555 311.10 Strategic Port Investment Initiative.—
556 (4) As a condition of receiving a project grant under any
557 program established in this chapter and as a condition of
558 receiving state funds as described in s. 215.31, a seaport that
559 is located in a county in which real property is designated as
560 spaceport territory under s. 331.304 and that uses land,
561 facilities, or infrastructure for the purpose of supporting
562 spacecraft launch and recovery operations must, in any agreement
563 with the Department of Transportation, agree that the seaport
564 may not convert any planned or existing land, facility, or
565 infrastructure that supports cargo purposes to any alternative
566 purpose unless the conversion is approved by the seaport’s
567 governing board at a publicly noticed meeting as a separate line
568 on the agenda and with a reasonable opportunity for public
569 comment, and, if approved, the Legislature expressly approves
570 the use of state funds for a project that includes such a
571 conversion, whether by a work program amendment or through the
572 General Appropriations Act. As used in this subsection, the term
573 “cargo purposes” includes, but is not limited to, any facility,
574 activity, property, energy source, or infrastructure asset that
575 supports spaceport activities.
576 Section 5. Present subsection (8) of section 311.101,
577 Florida Statutes, is redesignated as subsection (9), a new
578 subsection (8) is added to that section, and subsection (2) of
579 that section is amended, to read:
580 311.101 Intermodal Logistics Center Infrastructure Support
581 Program.—
582 (2) For the purposes of this section, the term “intermodal
583 logistics center,” including, but not limited to, an “inland
584 port,” means a facility or group of facilities serving as a
585 point of intermodal transfer of freight in a specific area
586 physically separated from a seaport where activities relating to
587 transport, logistics, goods distribution, consolidation, or
588 value-added activities are carried out and whose activities and
589 services are designed to support or be supported by conveyance
590 or shipping through one or more seaports listed in s. 311.09 or
591 airports as defined in s. 330.27.
592 (8)(a) There is created within the Department of
593 Transportation an intermodal logistics center working group. The
594 purpose of the working group is to coordinate the planning and
595 development of intermodal logistics centers across this state.
596 The working group shall be composed of the following members:
597 1. The Secretary of Transportation, or his or her designee.
598 2. The Secretary of Commerce, or his or her designee.
599 3. The Commissioner of Agriculture, or his or her designee.
600 4. One member from a seaport listed in s. 311.09(1),
601 appointed by the Secretary of Transportation.
602 5. One member from an airport, appointed by the Secretary
603 of Transportation.
604 6. One member from an intermodal logistics center,
605 appointed by the Secretary of Transportation.
606 7. One member from the agricultural industry, appointed by
607 the Commissioner of Agriculture.
608 8. One member from the trucking industry, appointed by the
609 Secretary of Transportation.
610 9. One member from the freight rail industry, appointed by
611 the Secretary of Transportation.
612 10. One member from the passenger rail industry, appointed
613 by the Secretary of Transportation.
614 11. One member from a business located within an intermodal
615 logistics center, appointed by the Secretary of Commerce.
616 12. One member from a local workforce development board
617 created pursuant to chapter 445, appointed by the president of
618 CareerSource Florida, Inc.
619 (b) The Secretary of Transportation, or his or her
620 designee, shall serve as the chair of the working group. The
621 Secretary of Commerce, or his or her designee, shall serve as
622 vice chair of the working group.
623 (c) Members of the working group shall serve without
624 compensation but are eligible for per diem and travel expenses
625 pursuant to s. 112.061.
626 (d) The working group is responsible for all of the
627 following:
628 1. Conducting a study of regional needs regarding
629 intermodal logistics centers, including a breakdown of urban
630 versus rural locations for intermodal logistics centers.
631 2. Determining the statewide benefits of intermodal
632 logistics centers.
633 3. Evaluating the impact of existing and proposed freight
634 and passenger rail service on existing rail corridors and the
635 need for any additional rail capacity.
636 4. Evaluating key criteria used by the state to expand and
637 develop the intermodal logistics center network through the use
638 of the Strategic Intermodal System created pursuant to ss.
639 339.61-339.651, including any recommended changes to state law.
640 5. Evaluating the readiness of existing and proposed
641 locations for intermodal logistics centers and developing a list
642 of improvements that may be necessary to attract businesses to
643 those centers.
644 6. Evaluating and recommending potential state policies
645 that would enhance the development of a long-term statewide
646 strategy regarding intermodal logistics centers.
647 7. Evaluating the operations of freight logistics zones as
648 defined in s. 311.103(1), including the processes for their
649 designation and funding.
650 (e) On or before January 1, 2027, the working group shall
651 submit a report to the Governor, the President of the Senate,
652 and the Speaker of the House of Representatives providing the
653 working group’s findings and recommendations regarding the
654 responsibilities listed in paragraph (d).
655 (f) This subsection is repealed on June 30, 2027.
656 Section 6. Subsection (83) of section 316.003, Florida
657 Statutes, is amended to read:
658 316.003 Definitions.—The following words and phrases, when
659 used in this chapter, shall have the meanings respectively
660 ascribed to them in this section, except where the context
661 otherwise requires:
662 (83) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or
663 used primarily for the transportation of persons or property and
664 only incidentally operated or moved over a highway, including,
665 but not limited to, ditchdigging apparatus, well-boring
666 apparatus, and road construction and maintenance machinery, such
667 as asphalt spreaders, bituminous mixers, bucket loaders,
668 tractors other than truck tractors, ditchers, leveling graders,
669 finishing machines, motor graders, road rollers, scarifiers,
670 earthmoving carryalls and scrapers, power shovels and draglines,
671 mobile and self-propelled cranes and accessory support vehicles,
672 and earthmoving equipment. The term does not include house
673 trailers, dump trucks, truck-mounted transit mixers, cranes or
674 shovels, or other vehicles designed for the transportation of
675 persons or property to which machinery has been attached.
676 Section 7. Section 316.0741, Florida Statutes, is repealed.
677 Section 8. Subsection (7) of section 316.0745, Florida
678 Statutes, is amended to read:
679 316.0745 Uniform signals and devices.—
680 (7) The Department of Transportation may, upon receipt and
681 investigation of reported noncompliance and after hearing
682 pursuant to 14 days’ notice, direct the removal of any purported
683 traffic control device that fails to meet the requirements of
684 this section, wherever the device is located and without regard
685 to assigned responsibility under s. 316.1895. The public agency
686 erecting or installing the same shall immediately bring it into
687 compliance with the requirements of this section or remove said
688 device or signal upon the direction of the Department of
689 Transportation and may not, for a period of 5 years, install any
690 replacement or new traffic control devices paid for in part or
691 in full with revenues raised by the state unless written prior
692 approval is received from the Department of Transportation. Any
693 additional violation by a public body or official shall be cause
694 for the withholding of state funds deposited in the State
695 Transportation Trust Fund for traffic control purposes until
696 such public body or official demonstrates to the Department of
697 Transportation that it is complying with this section.
698 Section 9. Subsection (3) of section 316.550, Florida
699 Statutes, is amended to read:
700 316.550 Operations not in conformity with law; special
701 permits.—
702 (3) Notwithstanding subsection (2), the Department of
703 Transportation may issue a mobile crane special blanket permit
704 for any of the following purposes:
705 (a) To authorize a mobile crane to operate on and A permit
706 may authorize a self-propelled truck crane operating off the
707 Interstate Highway System while towing to tow a motor vehicle
708 that which does not weigh more than 5,000 pounds if the combined
709 weight of the crane and such motor vehicle does not exceed
710 95,000 pounds. Notwithstanding s. 320.01(7) or (12), mobile
711 truck cranes that tow another motor vehicle under the provision
712 of this subsection shall be taxed under the provisions of s.
713 320.08(5)(b).
714 (b) To authorize a mobile crane and accessory support
715 vehicles that are up to 12 feet in width, 14 feet 6 inches in
716 height, and 100 feet in length to operate on and off the
717 Interstate Highway System at all hours except as restricted
718 under a local travel-related curfew.
719 (c) To authorize a mobile crane and accessory support
720 vehicles that, due to their design for special use, exceed the
721 weight limits established in s. 316.535 to operate on and off
722 the Interstate Highway System.
723 Section 10. Subsections (1) and (3), paragraphs (a) and (c)
724 of subsection (4), and subsection (6) of section 320.084,
725 Florida Statutes, are amended to read:
726 320.084 Free motor vehicle license plate to certain
727 disabled veterans.—
728 (1) One free disabled veteran “DV” motor vehicle license
729 number plate shall be issued by the department for use on any
730 motor vehicle owned or leased by any disabled veteran who has
731 been a resident of this state continuously for the preceding 5
732 years or has established a domicile in this state as provided by
733 s. 222.17(1), (2), or (3), and who has been honorably discharged
734 from the United States Armed Forces, upon application,
735 accompanied by proof that:
736 (a) A vehicle was initially acquired through financial
737 assistance by the United States Department of Veterans Affairs
738 or its predecessor specifically for the purchase of an
739 automobile;
740 (b) The applicant has been determined by the United States
741 Department of Veterans Affairs or its predecessor to have a
742 service-connected 100-percent disability rating for
743 compensation; or
744 (c) The applicant has been determined to have a service
745 connected disability rating of 100 percent and is in receipt of
746 disability retirement pay from any branch of the United States
747 Armed Services.
748 (3) The department shall, as it deems necessary, require
749 each person to whom a motor vehicle license plate has been
750 issued pursuant to subsection (1) to apply to the department for
751 reissuance of his or her registration license plate. Upon
752 receipt of the application and proof of the applicant’s
753 continued eligibility, the department shall issue a new
754 permanent disabled veteran “DV” numerical motor vehicle license
755 plate which shall be of the colors red, white, and blue similar
756 to the colors of the United States flag. The operation of a
757 motor vehicle displaying a disabled veteran “DV” license plate
758 from a previous issue period or a noncurrent validation sticker
759 after the date specified by the department shall subject the
760 owner if he or she is present, otherwise the operator, to the
761 penalty provided in s. 318.18(2). Such permanent license plate
762 shall be removed upon sale of the vehicle, but may be
763 transferred to another vehicle owned by such veteran in the
764 manner prescribed by law. The license number of each plate
765 issued under this section shall be identified by the letter
766 designation “DV.” Upon request of any such veteran, the
767 department is authorized to issue a designation plate containing
768 only the letters “DV,” to be displayed on the front of the
769 vehicle.
770 (4)(a) With the issuance of each new permanent disabled
771 veteran “DV” numerical motor vehicle license plate, the
772 department shall initially issue, without cost to the applicant,
773 a validation sticker reflecting the owner’s birth month and a
774 serially numbered validation sticker reflecting the year of
775 expiration. The initial sticker reflecting the year of
776 expiration may not exceed 27 months.
777 (c) Registration under this section shall be renewed
778 annually or biennially during the applicable renewal period on
779 forms prescribed by the department, which shall include, in
780 addition to any other information required by the department, a
781 certified statement as to the continued eligibility of the
782 applicant to receive the special disabled veteran “DV” license
783 plate. Any applicant who falsely or fraudulently submits to the
784 department the certified statement required by this paragraph is
785 guilty of a noncriminal violation and is subject to a civil
786 penalty of $50.
787 (6)(a) A disabled veteran who meets the requirements of
788 subsection (1) may be issued, in lieu of the disabled veteran
789 “DV” license plate, a military license plate for which he or she
790 is eligible or a specialty license plate embossed with the
791 initials “DV” in the top left-hand corner. A disabled veteran
792 electing a military license plate or specialty license plate
793 under this subsection must pay all applicable fees related to
794 such license plate, except for fees otherwise waived under
795 subsections (1) and (4).
796 (b) A military license plate or specialty license plate
797 elected under this subsection:
798 1. Does not provide the protections or rights afforded by
799 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041.
800 2. is not eligible for the international symbol of
801 accessibility as described in s. 320.0842.
802 Section 11. Paragraph (e) of subsection (2) of section
803 320.0848, Florida Statutes, is amended to read:
804 320.0848 Persons who have disabilities; issuance of
805 disabled parking permits; temporary permits; permits for certain
806 providers of transportation services to persons who have
807 disabilities.—
808 (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
809 MOBILITY PROBLEMS.—
810 (e) A person who qualifies for a disabled parking permit
811 under this section may be issued an international wheelchair
812 user symbol license plate under s. 320.0843 in lieu of the
813 disabled parking permit; or, if the person qualifies for a
814 disabled veteran “DV” license plate under s. 320.084, such a
815 license plate may be issued to him or her in lieu of a disabled
816 parking permit.
817 Section 12. Section 330.27, Florida Statutes, is amended to
818 read:
819 330.27 Definitions, when used in ss. 330.29-330.39.—
820 (1) “Air ambulance operation” means a flight with a patient
821 or medical personnel on board for the purpose of medical
822 transportation.
823 (2) “Aircraft” means a powered or unpowered machine or
824 device capable of atmospheric flight, including, but not limited
825 to, an airplane, an autogyro, a glider, a gyrodyne, a
826 helicopter, a lift and cruise, a multicopter, paramotors, a
827 powered lift, a seaplane, a tiltrotor, an ultralight, and a
828 vectored thrust. The term does not include except a parachute or
829 other such device used primarily as safety equipment.
830 (3)(2) “Airport” means a specific an area of land or water
831 or a structure used for, or intended to be used for, aircraft
832 operations, which may include landing and takeoff of aircraft,
833 including appurtenant areas, buildings, facilities, or rights
834 of-way necessary to facilitate such use or intended use. The
835 term includes, but is not limited to, airparks, airports,
836 gliderports, heliports, helistops, seaplane bases, ultralight
837 flightparks, vertiports, and vertistops.
838 (4) “Commercial air tour operation” means a flight
839 conducted for compensation or hire in an aircraft where a
840 purpose of the flight is sightseeing.
841 (5) “Commuter operation” means any scheduled operation
842 conducted by a person operating an aircraft with a frequency of
843 operations of at least five round trips per week on at least one
844 route between two or more points according to the published
845 flight schedule.
846 (6)(3) “Department” means the Department of Transportation.
847 (7)(4) “Limited airport” means any airport limited
848 exclusively to the specific conditions stated on the site
849 approval order or license.
850 (8) “On-demand operation” means any scheduled passenger
851 carrying operation for compensation or hire conducted by a
852 person operating an aircraft with a frequency of operations of
853 fewer than five round trips per week on at least one route
854 between two or more points according to the published flight
855 schedule.
856 (9)(5) “Private airport” means an airport, publicly or
857 privately owned, which is not open or available for use by the
858 public, but may be made available to others by invitation of the
859 owner or manager.
860 (10) “Private airport of public interest” means a private
861 airport engaged in air ambulance operations, commercial air tour
862 operations, commuter operations, on-demand operations, public
863 charter operations, scheduled operations, or supplemental
864 operations.
865 (11)(6) “Public airport” means an airport, publicly or
866 privately owned, which is open for use by the public.
867 (12) “Public charter operation” means a one-way or round
868 trip charter flight performed by one or more direct air carriers
869 which is arranged and sponsored by a charter operator.
870 (13) “Scheduled operation” means any common carriage
871 passenger-carrying operation for compensation or hire conducted
872 by an air carrier or commercial operator for which the
873 certificateholder or its representative offers in advance the
874 departure location, departure time, and arrival location.
875 (14) “Supplemental operation” means any common carriage
876 operation for compensation or hire conducted with an aircraft
877 for which the departure time, departure location, and arrival
878 location are specifically negotiated with the customer or
879 customer’s representative.
880 (15)(7) “Temporary airport” means an airport at which
881 flight operations are conducted under visual flight rules
882 established by the Federal Aviation Administration and which is
883 used for less than 30 consecutive days with no more than 10
884 operations per day.
885 (8) “Ultralight aircraft” means any aircraft meeting the
886 criteria established by part 103 of the Federal Aviation
887 Regulations.
888 Section 13. Subsections (2) and (4) of section 330.30,
889 Florida Statutes, are amended to read:
890 330.30 Approval of airport sites; registration,
891 certification, and licensure of airports.—
892 (2) LICENSES, CERTIFICATIONS, AND REGISTRATIONS;
893 REQUIREMENTS, RENEWAL, REVOCATION.—
894 (a) Except as provided in subsection (3), the owner or
895 lessee of an airport in this state shall have a public airport
896 license, private airport registration, or temporary airport
897 registration before the operation of aircraft to or from the
898 airport. Application for a license or registration shall be made
899 in a form and manner prescribed by the department.
900 1. For a public airport, upon granting site approval, the
901 department shall issue a license after a final airport
902 inspection finds the airport to be in compliance with all
903 requirements for the license. The license may be subject to any
904 reasonable conditions the department deems necessary to protect
905 the public health, safety, or welfare.
906 2. For a private airport, upon granting site approval, the
907 department shall provide controlled electronic access to the
908 state aviation facility data system to permit the applicant to
909 complete the registration process. Registration shall be
910 completed upon self-certification by the registrant of
911 operational and configuration data deemed necessary by the
912 department.
913 3. For a temporary airport, the department must publish
914 notice of receipt of a completed registration application in the
915 next available publication of the Florida Administrative
916 Register and may not approve a registration application less
917 than 14 days after the date of publication of the notice. The
918 department must approve or deny a registration application
919 within 30 days after receipt of a completed application and must
920 issue the temporary airport registration concurrent with the
921 airport site approval. A completed registration application that
922 is not approved or denied within 30 days after the department
923 receives the completed application is considered approved and
924 shall be issued, subject to such reasonable conditions as are
925 authorized by law. An applicant seeking to claim registration by
926 default under this subparagraph must notify the agency clerk of
927 the department, in writing, of the intent to rely upon the
928 default registration provision of this subparagraph and may not
929 take any action based upon the default registration until after
930 receipt of such notice by the agency clerk.
931 4. A private airport of public interest must obtain a
932 certificate from the department before allowing aircraft
933 operations. The department shall issue a certificate after a
934 final inspection finds the airport to be in compliance with all
935 certificate requirements. The certificate is subject to any
936 reasonable conditions the department deems necessary to protect
937 the public. A private airport that was engaged in operations
938 associated with a private airport of public interest on or
939 before July 1, 2025, must obtain a certificate from the
940 department by July 1, 2030.
941 (b) The department may license a public airport that does
942 not meet standards only if it determines that such exception is
943 justified by unusual circumstances or is in the interest of
944 public convenience and does not endanger the public health,
945 safety, or welfare. Such a license shall bear the designation
946 “special” and shall state the conditions subject to which the
947 license is granted.
948 (c) A temporary airport license or registration shall be
949 valid for less than 30 days and is not renewable. The department
950 may not approve a subsequent temporary airport registration
951 application for the same general location if the purpose or
952 effect is to evade otherwise applicable airport permitting or
953 licensure requirements.
954 (d)1. Each public airport license shall expire no later
955 than 1 year after the effective date of the license, except that
956 the expiration date of a license may be adjusted to provide a
957 maximum license period of 18 months to facilitate airport
958 inspections, recognize seasonal airport operations, or improve
959 administrative efficiency.
960 2. Registration for private airports shall remain valid
961 provided specific elements of airport data, established by the
962 department, are periodically recertified by the airport
963 registrant. The ability to recertify private airport
964 registration data shall be available at all times by electronic
965 submittal. A private airport registration that has not been
966 recertified in the 24-month period following the last
967 certification shall expire, unless the registration period has
968 been adjusted by the department for purposes of informing
969 private airport owners of their registration responsibilities or
970 promoting administrative efficiency. The expiration date of the
971 current registration period will be clearly identifiable from
972 the state aviation facility data system.
973 3. The effective date and expiration date shall be shown on
974 public airport licenses. Upon receiving an application for
975 renewal of an airport license in a form and manner prescribed by
976 the department and receiving a favorable inspection report
977 indicating compliance with all applicable requirements and
978 conditions, the department shall renew the license, subject to
979 any conditions deemed necessary to protect the public health,
980 safety, or welfare.
981 4. The department may require a new site approval for any
982 airport if the license or registration has expired.
983 5. If the renewal application for a public airport license
984 has not been received by the department or no private airport
985 registration recertification has been accomplished within 15
986 days after the date of expiration, the department may revoke the
987 airport license or registration.
988 6. After initial registration, the department may issue a
989 certificate to a private airport of public interest if the
990 airport is found, after a physical inspection, to be in
991 compliance with all certificate requirements. The certificate is
992 subject to any reasonable condition that the department deems
993 necessary to protect the public health, safety, or welfare. A
994 private airport of public interest certificate expires 5 years
995 after the effective date of the certificate.
996 (e) The department may revoke, or refuse to allow or issue,
997 any airport registration or recertification, or any license or
998 license renewal, if it determines:
999 1. That the site has been abandoned as an airport;
1000 2. That the airport does not comply with the conditions of
1001 the license, license renewal, or site approval;
1002 3. That the airport has become either unsafe or unusable
1003 for flight operation due to physical or legal changes in
1004 conditions that were the subject of approval; or
1005 4. That an airport required to file or update a security
1006 plan pursuant to paragraph (f) has failed to do so.
1007 (f)1. After initial licensure, a license of a publicly or
1008 privately owned general aviation airport that is open to the
1009 public, that has at least one runway greater than 4,999 feet in
1010 length, and that does not host scheduled passenger-carrying
1011 commercial service operations regulated under 14 C.F.R. part 139
1012 shall not be renewed or reissued unless an approved security
1013 plan has been filed with the department, except when the
1014 department determines that the airport is working in good faith
1015 toward completion and filing of the plan.
1016 2. Security plans required by this paragraph must be
1017 developed in accordance with the 2004 Security Planning for
1018 General Aviation Airports guidelines published by the Florida
1019 Airports Council. Certain administrative data from the approved
1020 security plan shall be submitted to the Department of Law
1021 Enforcement, in a format prescribed by the Department of Law
1022 Enforcement, for use in protecting critical infrastructure of
1023 the state.
1024 3. The department shall not approve a security plan for
1025 filing unless it is consistent with Florida Airports Council
1026 guidelines.
1027 4. An airport required to file a security plan pursuant to
1028 this paragraph shall update its plan at least once every 2 years
1029 after the initial filing date and file the updated plan with the
1030 department. The department shall review the updated plan prior
1031 to approving it for filing to determine whether it is consistent
1032 with Florida Airports Council guidelines. No renewal license
1033 shall be issued to the airport unless the department approves
1034 the updated security plan or determines that the airport is
1035 working in good faith to update it.
1036 (4) EXCEPTIONS.—Private airports with 10 or more based
1037 aircraft may request to be inspected and licensed by the
1038 department. Private airports licensed according to this
1039 subsection shall be considered private airports as defined in s.
1040 330.27 s. 330.27(5) in all other respects.
1041 Section 14. Section 330.355, Florida Statutes, is created
1042 to read:
1043 330.355 Prohibition on landing fees for certain aircraft
1044 operations.—A publicly owned airport in this state may not
1045 charge a landing fee established on or after January 1, 2025,
1046 for aircraft operations conducted by an accredited nonprofit
1047 institution located in this state which offers a 4-year
1048 collegiate aviation program, if such aircraft operations are for
1049 flight training necessary for pilot certification and
1050 proficiency.
1051 Section 15. Section 331.371, Florida Statutes, is amended
1052 to read:
1053 331.371 Strategic space infrastructure investment.—
1054 (1) In consultation with Space Florida, the Department of
1055 Transportation may fund spaceport discretionary capacity
1056 improvement projects, as defined in s. 331.303, at up to 100
1057 percent of the project’s cost if:
1058 (a)(1) Important access and on-spaceport-territory space
1059 transportation capacity improvements are provided;
1060 (b)(2) Capital improvements that strategically position the
1061 state to maximize opportunities in international trade are
1062 achieved;
1063 (c)(3) Goals of an integrated intermodal transportation
1064 system for the state are achieved; and
1065 (d)(4) Feasibility and availability of matching funds
1066 through federal, local, or private partners are demonstrated.
1067 (2)(a) In consultation with the Department of Commerce and
1068 the Department of Environmental Protection, the Department of
1069 Transportation may fund infrastructure projects, and projects
1070 associated with critical infrastructure facilities as defined in
1071 s. 692.201, within or outside of a spaceport territory as long
1072 as the project supports aerospace or launch support facilities
1073 within an adjacent spaceport territory boundary.
1074 (b) The Department of Transportation, the Department of
1075 Commerce, and the Department of Environmental Protection shall
1076 coordinate in funding projects under this subsection to optimize
1077 the use of available funds.
1078 Section 16. Section 332.003, Florida Statutes, is amended
1079 to read:
1080 332.003 Florida Airport Development and Accountability
1081 Assistance Act; short title.—Sections 332.003-332.007 may be
1082 cited as the “Florida Airport Development and Accountability
1083 Assistance Act.”
1084 Section 17. Section 332.005, Florida Statutes, is amended
1085 to read:
1086 332.005 Restrictions on authority of Department of
1087 Transportation.—
1088 (1) This act specifically prohibits the Department of
1089 Transportation from regulating commercial air carriers operating
1090 within the state pursuant to federal authority and regulations;
1091 from participating in or exercising control in the management
1092 and operation of a sponsor’s airport, except when officially
1093 requested by the sponsor; or from expanding the design or
1094 operational capability of the department in the area of airport
1095 and aviation consultants’ contract work, other than to provide
1096 technical assistance as requested.
1097 (2)(a) Notwithstanding subsection (1), upon the declaration
1098 of a state of emergency issued by the Governor in preparation
1099 for or in response to a natural disaster, airports shall, at no
1100 cost to the state, provide the Department of Transportation with
1101 the opportunity to use any property that is not subject to an
1102 existing lease agreement with a third party and that is not
1103 within the air navigation facility as defined in s. 332.01(4)
1104 for the staging of equipment and personnel to support emergency
1105 preparedness and response operations.
1106 (b) After 60 days of use under paragraph (a), any further
1107 use of airport property by the Department of Transportation must
1108 be conducted pursuant to a written agreement between the airport
1109 and the department.
1110 Section 18. Section 332.006, Florida Statutes, is amended
1111 to read:
1112 332.006 Duties and responsibilities of the Department of
1113 Transportation.—The Department of Transportation shall, within
1114 the resources provided to the department pursuant to chapter
1115 216:
1116 (1) Provide coordination and assistance for the development
1117 of a viable aviation system in this state. To support the
1118 system, a statewide aviation system plan shall be developed and
1119 periodically updated which summarizes 5-year, 10-year, and 20
1120 year airport and aviation needs within the state. The statewide
1121 aviation system plan shall be consistent with the goals of the
1122 Florida Transportation Plan developed pursuant to s. 339.155.
1123 The statewide aviation system plan shall not preempt local
1124 airport master plans adopted in compliance with federal and
1125 state requirements.
1126 (2) Advise and assist the Governor in all aviation matters.
1127 (3) Upon request, assist airport sponsors, both financially
1128 and technically, in airport master planning.
1129 (4) Upon request, provide financial and technical
1130 assistance to public agencies which operate public-use airports
1131 by making department personnel and department-owned facilities
1132 and equipment available on a cost-reimbursement basis to such
1133 agencies for special needs of limited duration. The requirement
1134 relating to reimbursement of personnel costs may be waived by
1135 the department in those cases in which the assistance provided
1136 by its personnel was of a limited nature or duration.
1137 (5) Participate in research and development programs
1138 relating to airports.
1139 (6) Administer department participation in the program of
1140 aviation and airport grants as provided for in ss. 332.003
1141 332.007.
1142 (7) Develop, promote, and distribute supporting information
1143 and educational services, including, but not limited to,
1144 educational services with a focus on retention and growth of the
1145 aviation industry workforce.
1146 (8) Encourage the maximum allocation of federal funds to
1147 local airport projects in this state.
1148 (9) Support the development of land located within the
1149 boundaries of airports for the purpose of industrial or other
1150 uses compatible with airport operations with the objective of
1151 assisting airports in this state to become fiscally self
1152 supporting. Such assistance may include providing state moneys
1153 on a matching basis to airport sponsors for capital
1154 improvements, including, but not limited to, fixed-base
1155 operation facilities, parking areas, industrial park utility
1156 systems, and road and rail transportation systems which are on
1157 airport property.
1158 Section 19. Paragraph (a) of subsection (7) and subsections
1159 (8) and (9) of section 332.007, Florida Statutes, are amended,
1160 and paragraph (c) is added to subsection (2) of that section, to
1161 read:
1162 332.007 Administration and financing of aviation and
1163 airport programs and projects; state plan.—
1164 (2)
1165 (c) Each commercial service airport as defined in s.
1166 332.0075 shall establish and maintain a comprehensive airport
1167 infrastructure program to ensure the ongoing preservation of
1168 airport infrastructure and facilities in safe and serviceable
1169 condition. For purposes of this paragraph, the term “airport
1170 infrastructure” means the facilities, systems, and structural
1171 components of an airport necessary for the safe and efficient
1172 movement of people and goods. Beginning November 1, 2025, and
1173 annually thereafter, each commercial service airport shall
1174 provide a certification to the department, in a manner
1175 prescribed by the department, that it has established and
1176 maintains a comprehensive airport infrastructure program. The
1177 comprehensive airport infrastructure program report, and related
1178 documents and records, must be open to inspection by the
1179 department and maintained by the airport for at least 5 years.
1180 The comprehensive airport infrastructure program must, at a
1181 minimum, include all of the following:
1182 1. Identification of airport infrastructure subject to
1183 inspection and the schedule for the completion of such
1184 inspections, taking into consideration the age, type, intended
1185 use, and criticality of the infrastructure to undisrupted
1186 commercial or cargo operations.
1187 2. A preventative maintenance program for routine
1188 maintenance of airport infrastructure, for both commercial and
1189 cargo operations.
1190 3. A plan to complete any necessary repairs to, or
1191 rehabilitation or reconstruction of, airport infrastructure,
1192 including prioritization and anticipated timeframe for
1193 completion of the work.
1194 4. A progress report of inspections and their outcomes,
1195 preventative maintenance, and previously identified repair to,
1196 or rehabilitation or reconstruction of, airport infrastructure.
1197 The progress report must include any changes in timeline for
1198 completion, changes in cost estimates, and reasons any
1199 inspection, preventative maintenance, or repair or
1200 rehabilitation did not take place.
1201 (7) Subject to the availability of appropriated funds in
1202 addition to aviation fuel tax revenues, the department may
1203 participate in the capital cost of eligible public airport and
1204 aviation discretionary capacity improvement projects. The annual
1205 legislative budget request shall be based on the funding
1206 required for discretionary capacity improvement projects in the
1207 aviation and airport work program.
1208 (a) The department shall provide priority funding in
1209 support of:
1210 1. Terminal and parking expansion projects that increase
1211 capacity at airports providing commercial service in counties
1212 with a population of 500,000 or less.
1213 2. Land acquisition which provides additional capacity at
1214 the qualifying international airport or at that airport’s
1215 supplemental air carrier airport.
1216 3.2. Runway and taxiway projects that add capacity or are
1217 necessary to accommodate technological changes in the aviation
1218 industry.
1219 4.3. Airport access transportation projects that improve
1220 direct airport access and are approved by the airport sponsor.
1221 5.4. International terminal projects that increase
1222 international gate capacity.
1223 6. Projects that improve safety and efficiency of airport
1224 operations.
1225 7. Emerging technology projects, workforce development
1226 projects, and projects that benefit the strategic intermodal
1227 system through intermodal connectivity.
1228 (8) The department may also fund eligible projects
1229 performed by not-for-profit organizations that represent a
1230 majority of public airports in this state and postsecondary
1231 education institutions as defined in s. 1008.47 that support the
1232 training of pilots, air traffic control personnel, or aircraft
1233 maintenance technical personnel. Eligible projects may include
1234 activities associated with aviation master planning,
1235 professional education, safety and security planning, enhancing
1236 economic development and efficiency at airports in this state,
1237 or other planning efforts to improve the viability and safety of
1238 airports in this state. Programs that support the transition of
1239 honorably discharged military personnel to the aviation industry
1240 are also eligible projects under this subsection. The department
1241 may provide matching funds for eligible projects funded by the
1242 Department of Commerce.
1243 (9) The department may fund strategic airport investment
1244 projects at up to 100 percent of the project’s cost if:
1245 (a) Important access and on-airport capacity improvements
1246 are provided;
1247 (b) Capital improvements that strategically position the
1248 state to maximize opportunities in tourism, international trade,
1249 logistics, and the aviation industry are provided;
1250 (c) Goals of an integrated intermodal transportation system
1251 for the state are achieved; and
1252 (d) Feasibility and availability of matching funds through
1253 federal, local, or private partners are demonstrated.
1254 Section 20. Paragraphs (a), (b), and (d) of subsection (1),
1255 subsection (2), and paragraph (a) of subsection (5) of section
1256 332.0075, Florida Statutes, are amended, and paragraph (c) is
1257 added to subsection (5) of that section, to read:
1258 332.0075 Commercial service airports; transparency and
1259 accountability; penalty.—
1260 (1) As used in this section, the term:
1261 (a) “Commercial service airport” means an airport providing
1262 commercial service, including large, medium, small, and nonhub
1263 airports as classified a primary airport as defined in 49 U.S.C.
1264 s. 47102 which is classified as a large, medium, or small hub
1265 airport by the Federal Aviation Administration.
1266 (b) “Consent agenda” means an agenda which consists of
1267 items voted on collectively or as a group and which does not
1268 provide the opportunity for public comment on each such item
1269 before approval or disapproval by the governing body.
1270 (d) “Governing body” means the governing body of the
1271 county, municipality, or special district that operates a
1272 commercial service airport. The term also includes an appointed
1273 board or oversight entity serving as the governing body for
1274 purposes of a commercial service airport on behalf of a county,
1275 municipality, or special district.
1276 (2) Each governing body shall establish and maintain a
1277 website to post information relating to the operation of a
1278 commercial service airport. The information must remain posted
1279 on the website for 5 years or for the entirety of the period
1280 during which the document is actively in use, whichever is
1281 longer, and must include all of the following, including:
1282 (a) All published notices of meetings and published meeting
1283 agendas of the governing body.
1284 (b) The official minutes of each meeting of the governing
1285 body, which must shall be posted within 7 business days after
1286 the date of the meeting in which the minutes were approved.
1287 (c) The approved budget for the commercial service airport
1288 for the current fiscal year, which shall be posted within 7
1289 business days after the date of adoption. Budgets must remain on
1290 the website for 5 2 years after the conclusion of the fiscal
1291 year for which they were adopted.
1292 (d) Copies of the current airport master plan and the
1293 immediately preceding airport master plan for the commercial
1294 service airport and a link to the current airport master plan
1295 for the commercial service airport on the commercial service
1296 airport’s website.
1297 (e) A link to all financial and statistical reports for the
1298 commercial service airport on the Federal Aviation
1299 Administration’s website.
1300 (f) Any contract or contract amendment for the purchase of
1301 commodities or contractual services executed by or on behalf of
1302 the commercial service airport in excess of the threshold amount
1303 provided in s. 287.017 for CATEGORY FIVE, which must shall be
1304 posted no later than 7 business days after the commercial
1305 service airport executes the contract or contract amendment.
1306 However, a contract or contract amendment may not reveal
1307 information made confidential or exempt by law. Each commercial
1308 service airport must redact confidential or exempt information
1309 from each contract or contract amendment before posting a copy
1310 on its website.
1311 (g) Position and rate information for each employee of the
1312 commercial service airport, including, at a minimum, the
1313 employee’s position title, position description, and annual or
1314 hourly salary. This information must shall be updated quarterly
1315 annually.
1316 (5)(a) Each November 1, the governing body of each
1317 commercial service airport shall submit the following
1318 information to the department:
1319 1. Its approved budget for the current fiscal year.
1320 2. Any financial reports submitted to the Federal Aviation
1321 Administration during the previous calendar year.
1322 3. A link to its website.
1323 4. A statement, verified as provided in s. 92.525, that it
1324 has complied with part III of chapter 112, chapter 287, and this
1325 section.
1326 5. The most recent copies of its strategic plans.
1327 6. Contracts related to any financial awards received
1328 through federally funded grant programs for the preceding year.
1329 (c) A commercial service airport shall:
1330 1. Notify the department within 48 hours after receiving a
1331 communication or directive from a federal agency relating to
1332 public health testing or the transfer of unauthorized aliens
1333 into this state.
1334 2. Notify the department as soon as is reasonably possible,
1335 but no later than 48 hours, after the discovery of a potential
1336 cybersecurity breach or other occurrence impacting the traveling
1337 public, a disruption in state aviation operations directly
1338 impacting multiple airports within this state, or an incident
1339 occurring on airport property which requires coordination with
1340 multiple local, state, or federal agencies.
1341 Section 21. Section 332.15, Florida Statutes, is created to
1342 read:
1343 332.15 Advanced air mobility.—The Department of
1344 Transportation shall:
1345 (1) Address the need for vertiports, advanced air mobility,
1346 and other advances in aviation technology in the statewide
1347 aviation system plan required under s. 332.006(1) and, as
1348 appropriate, in the department’s work program.
1349 (2) Designate a subject matter expert on advanced air
1350 mobility within the department to serve as a resource for local
1351 jurisdictions navigating advances in aviation technology.
1352 (3) Conduct a review of airport hazard zone regulations.
1353 (4) In coordination with the Department of Commerce,
1354 provide coordination and assistance for the development of a
1355 viable advanced air mobility system plan in this state. The
1356 department shall incorporate the plan into the statewide
1357 aviation system plan required under s. 332.006(1) to identify
1358 and develop statewide corridors of need and opportunities for
1359 industry growth.
1360 Section 22. Subsections (5) and (26) of section 334.044,
1361 Florida Statutes, are amended, and subsections (37), (38), and
1362 (39) are added to that section, to read:
1363 334.044 Powers and duties of the department.—The department
1364 shall have the following general powers and duties:
1365 (5) To purchase, lease, or otherwise acquire property and
1366 materials, including the purchase of promotional items as part
1367 of public information and education campaigns for the promotion
1368 of environmental management, scenic highways, traffic and train
1369 safety awareness, alternatives to single-occupant vehicle
1370 travel, commercial motor vehicle safety, workforce development,
1371 electric vehicle use and charging stations, autonomous vehicles,
1372 and context classification design for electric vehicles and
1373 autonomous vehicles; to purchase, lease, or otherwise acquire
1374 equipment and supplies; and to sell, exchange, or otherwise
1375 dispose of any property that is no longer needed by the
1376 department.
1377 (26) To provide for the enhancement of environmental
1378 benefits, including air and water quality; to prevent roadside
1379 erosion; to conserve the natural roadside growth and scenery;
1380 and to provide for the implementation and maintenance of
1381 roadside conservation, enhancement, and stabilization programs.
1382 (a) On an annual basis, an amount equal to at least 1.5
1383 percent of the total amount contracted for the average of the
1384 previous 3 completed fiscal years of construction projects shall
1385 be allocated by the department on a statewide basis for the
1386 purchase of plant materials to enhance State Highway System
1387 rights-of-way and arterial facilities. Such funds must be
1388 allocated on a statewide basis. Department districts may not
1389 expend funds for landscaping in connection with any project that
1390 is limited to resurfacing existing lanes unless the expenditure
1391 has been approved by the department’s secretary or the
1392 secretary’s designee.
1393 (b) To the greatest extent practical, at least 50 percent
1394 of the funds allocated under paragraph (a) this subsection shall
1395 be allocated for large plant materials and the remaining funds
1396 for other plant materials.
1397 (c) Except as prohibited by applicable federal law or
1398 regulation, all plant materials shall be purchased from Florida
1399 commercial nursery stock in this state on a uniform competitive
1400 bid basis. The department shall develop grades and standards for
1401 landscaping materials purchased through this process, which must
1402 include standards for landscaping materials native to specific
1403 regions of this state which are reflective of this state’s
1404 heritage and natural landscapes. To accomplish these activities,
1405 the department may contract with nonprofit organizations having
1406 the primary purpose of developing youth employment
1407 opportunities.
1408 (37) Notwithstanding s. 287.022 or s. 287.025, to directly
1409 enter into insurance contracts with local, national, or
1410 international insurance companies for the purchase of insurance
1411 coverage that the department is contractually and legally
1412 required to provide.
1413 (38) Notwithstanding s. 287.14, to purchase or acquire
1414 heavy equipment and motor vehicles for roadway operations and
1415 emergency response purposes regardless of whether the department
1416 exchanges or ceases to operate any department-owned heavy
1417 equipment or motor vehicles.
1418 (39) To adopt rules for the purpose of compliance with 49
1419 C.F.R. part 26 and any other applicable federal law.
1420 Section 23. Subsection (1) of section 334.045, Florida
1421 Statutes, is amended to read:
1422 334.045 Transportation performance and productivity
1423 standards; development; measurement; application.—
1424 (1) The Florida Transportation Commission shall develop and
1425 adopt measures for evaluating the performance and productivity
1426 of the department. The measures may be both quantitative and
1427 qualitative and must, to the maximum extent practical, assess
1428 those factors that are within the department’s control. The
1429 measures must, at a minimum, assess performance in the following
1430 areas:
1431 (a) Production;
1432 (b) Finance and administration;
1433 (c) Preservation of the current state system;
1434 (d) Safety of the current state system;
1435 (e) Capacity improvements: highways and all public
1436 transportation modes; and
1437 (f) The business development program established under s.
1438 337.027 Disadvantaged business enterprise and minority business
1439 programs.
1440 Section 24. Section 334.615, Florida Statutes, is created
1441 to read:
1442 334.615 Parking authority operations; interlocal
1443 agreements.—A parking authority created by special act may
1444 operate, manage, and control parking facilities in contiguous
1445 counties, municipalities, or other local governmental entities
1446 upon entering into interlocal agreements with the governing
1447 bodies of the appropriate contiguous counties, municipalities,
1448 or local governmental entities.
1449 Section 25. Section 334.62, Florida Statutes, is created to
1450 read:
1451 334.62 Florida Transportation Academy.—The Legislature
1452 finds that the growth and sustainability of the transportation
1453 industry workforce is vital to the continued success and
1454 efficiency of the state’s supply chain and economic
1455 competitiveness. In order to prioritize the continued need for
1456 transportation industry workforce development programs, the
1457 Florida Transportation Academy is established within the
1458 department. In order to support, promote, and sustain workforce
1459 development efforts in the transportation sector, the department
1460 may do all of the following:
1461 (1) Coordinate with the Department of Corrections to
1462 identify and create certification and training opportunities for
1463 nonviolent, scheduled-release inmates and create a notification
1464 process between the Department of Corrections and the department
1465 for nonviolent inmates with imminent scheduled-release dates who
1466 are expected to seek employment upon release.
1467 (2) Coordinate with the Department of Juvenile Justice and
1468 its educational partners to create certification and training
1469 opportunities for eligible youth.
1470 (3) Coordinate with veterans’ organizations to encourage
1471 veterans with honorable military discharge to pursue employment
1472 opportunities within the transportation industry, including, but
1473 not limited to, employment as pilots, mechanics, and air traffic
1474 controllers.
1475 (4) Coordinate with the Department of Commerce,
1476 CareerSource Florida, Inc., and regional business organizations,
1477 within and outside of the transportation industry, to further
1478 understand recruitment and retention needs and job-seeker
1479 pipelines.
1480 (5) Coordinate with the American Council of Engineering
1481 Companies and the Florida Transportation Builders Association to
1482 optimize workforce recruitment and retention and assess future
1483 needs across the transportation industry in this state.
1484 Section 26. Present paragraph (b) of subsection (3) of
1485 section 335.182, Florida Statutes, is redesignated as paragraph
1486 (c) and amended, and a new paragraph (b) is added to that
1487 subsection, to read:
1488 335.182 Regulation of connections to roads on State Highway
1489 System; definitions.—
1490 (3) As used in this act, the term:
1491 (b) “Modification of an existing connection” means the
1492 relocation, alteration, or closure of the connection.
1493 (c)(b) “Significant change” means:
1494 1. A change in the use of the property, including the
1495 development of land, structures, or facilities;, or
1496 2. An expansion of the size of the property, structures, or
1497 facilities causing an increase in the trip generation of the
1498 property exceeding 25 percent more trip generation, (either peak
1499 hour or daily,) and exceeding 100 vehicles per day more than the
1500 existing use.
1501 Section 27. Subsections (3) and (4) of section 335.187,
1502 Florida Statutes, are amended to read:
1503 335.187 Unpermitted connections; existing access permits;
1504 nonconforming permits; modification and revocation of permits.—
1505 (3) The department may issue a nonconforming access permit
1506 if denying after finding that to deny an access permit would
1507 leave the property without a reasonable means of access to the
1508 State Highway System. The department may specify limits on the
1509 maximum vehicular use of the connection and may condition be
1510 conditioned on the availability of future alternative means of
1511 access for which access permits can be obtained.
1512 (4) After written notice and the opportunity for a hearing,
1513 as provided for in s. 120.60, the department may modify or
1514 revoke an access permit issued after July 1, 1988, by requiring
1515 modification Relocation, alteration, or closure of an existing
1516 connection if:
1517 (a) A significant change occurs in the use, design, or
1518 traffic flow of the connection; or
1519 (b) It would jeopardize the safety of the public or have a
1520 negative impact upon the operational characteristics of the
1521 highway.
1522 Section 28. Section 337.027, Florida Statutes, is amended
1523 to read:
1524 337.027 Authority to implement a business development
1525 program.—
1526 (1) The department may establish a program for highway
1527 projects which would assist small businesses. The purpose of
1528 this program is to increase competition, lower prices, and
1529 provide increased support to meet the department’s future work
1530 program. The program may include, but is not limited to, setting
1531 aside contracts, providing preference points for the use of
1532 small businesses, providing special assistance in bidding and
1533 contract completion, waiving bond requirements, and implementing
1534 other strategies that would increase competition.
1535 (2) For purposes of this section, the term “small business”
1536 means a business with yearly average gross receipts of less than
1537 $25 $15 million for road and bridge contracts and less than $10
1538 $6.5 million for professional and nonprofessional services
1539 contracts. A business’ average gross receipts is determined by
1540 averaging its annual gross receipts over the last 3 years,
1541 including the receipts of any affiliate as defined in s.
1542 337.165.
1543 (3) The department may provide notice of opportunities for
1544 businesses qualified for this program.
1545 (4) The department may adopt rules to implement this
1546 section.
1547 Section 29. Subsection (6) of section 337.11, Florida
1548 Statutes, is amended to read:
1549 337.11 Contracting authority of department; bids; emergency
1550 repairs, supplemental agreements, and change orders; combined
1551 design and construction contracts; progress payments; records;
1552 requirements of vehicle registration.—
1553 (6)(a) If the secretary determines that an emergency in
1554 regard to the restoration or repair of any state transportation
1555 facility exists such that the delay incident to giving
1556 opportunity for competitive bidding would be detrimental to the
1557 interests of the state, the provisions for competitive bidding
1558 do not apply; and the department may enter into contracts for
1559 restoration or repair without giving opportunity for competitive
1560 bidding on such contracts. Within 30 days after such
1561 determination and contract execution, the head of the department
1562 shall file with the Executive Office of the Governor a written
1563 statement of the conditions and circumstances constituting such
1564 emergency.
1565 (b) If the secretary determines that delays on a contract
1566 for maintenance exist due to administrative challenges, bid
1567 protests, defaults or terminations and the further delay would
1568 reduce safety on the transportation facility or seriously hinder
1569 the department’s ability to preserve the state’s investment in
1570 that facility, competitive bidding provisions may be waived and
1571 the department may enter into a contract for maintenance on the
1572 facility. However, contracts for maintenance executed under the
1573 provisions of this paragraph shall be interim in nature and
1574 shall be limited in duration to a period of time not to exceed
1575 the length of the delay necessary to complete the competitive
1576 bidding process and have the contract in place.
1577 (c) When the department determines that it is in the best
1578 interest of the public for reasons of public concern, economy,
1579 improved operations, or safety, and only when circumstances
1580 dictate rapid completion of the work, the department may, up to
1581 the amount of $500,000, enter into contracts for construction
1582 and maintenance without advertising and receiving competitive
1583 bids. The department may enter into such contracts only upon a
1584 determination that the work is necessary for one of the
1585 following reasons:
1586 1. To ensure timely completion of projects or avoidance of
1587 undue delay for other projects;
1588 2. To accomplish minor repairs or construction and
1589 maintenance activities for which time is of the essence and for
1590 which significant cost savings would occur; or
1591 3. To accomplish nonemergency work necessary to ensure
1592 avoidance of adverse conditions that affect the safe and
1593 efficient flow of traffic.
1594
1595 The department shall make a good faith effort to obtain two or
1596 more quotes, if available, from qualified contractors before
1597 entering into any contract. The department shall give
1598 consideration to small disadvantaged business enterprise
1599 participation. However, when the work exists within the limits
1600 of an existing contract, the department shall make a good faith
1601 effort to negotiate and enter into a contract with the prime
1602 contractor on the existing contract.
1603 Section 30. Section 337.125, Florida Statutes, is repealed.
1604 Section 31. Section 337.135, Florida Statutes, is repealed.
1605 Section 32. Section 337.139, Florida Statutes, is repealed.
1606 Section 33. Paragraph (a) of subsection (1) of section
1607 337.18, Florida Statutes, is amended to read:
1608 337.18 Surety bonds for construction or maintenance
1609 contracts; requirement with respect to contract award; bond
1610 requirements; defaults; damage assessments.—
1611 (1)(a) A surety bond shall be required of the successful
1612 bidder in an amount equal to the awarded contract price.
1613 However, the department may choose, in its discretion and
1614 applicable only to multiyear maintenance contracts, to allow for
1615 incremental annual contract bonds that cumulatively total the
1616 full, awarded, multiyear contract price;. The department may
1617 also choose, in its discretion and applicable only to phased
1618 design-build contracts under s. 337.11(7)(b), to allow the
1619 issuance of multiple contract performance and payment bonds in
1620 succession to align with each phase of the contract to meet the
1621 bonding requirement in this subsection; and, at the discretion
1622 of the Secretary of Transportation and notwithstanding any
1623 bonding requirement under s. 337.18, to require a surety bond in
1624 an amount that is less than the awarded contract price.
1625 1. The department may waive the requirement for all or a
1626 portion of a surety bond if:
1627 a. The contract price is $250,000 or less and the
1628 department determines that the project is of a noncritical
1629 nature and that nonperformance will not endanger public health,
1630 safety, or property;
1631 b. The prime contractor is a qualified nonprofit agency for
1632 the blind or for the other severely handicapped under s.
1633 413.036(2); or
1634 c. The prime contractor is using a subcontractor that is a
1635 qualified nonprofit agency for the blind or for the other
1636 severely handicapped under s. 413.036(2). However, the
1637 department may not waive more than the amount of the
1638 subcontract.
1639 2. If the department determines that it is in the best
1640 interests of the department to reduce the bonding requirement
1641 for a project and that to do so will not endanger public health,
1642 safety, or property, the department may waive the requirement of
1643 a surety bond in an amount equal to the awarded contract price
1644 for a project having a contract price of $250 million or more
1645 and, in its place, may set a surety bond amount that is a
1646 portion of the total contract price and provide an alternate
1647 means of security for the balance of the contract amount that is
1648 not covered by the surety bond or provide for incremental surety
1649 bonding and provide an alternate means of security for the
1650 balance of the contract amount that is not covered by the surety
1651 bond. Such alternative means of security may include letters of
1652 credit, United States bonds and notes, parent company
1653 guarantees, and cash collateral. The department may require
1654 alternate means of security if a surety bond is waived. The
1655 surety on such bond shall be a surety company authorized to do
1656 business in the state. All bonds shall be payable to the
1657 department and conditioned for the prompt, faithful, and
1658 efficient performance of the contract according to plans and
1659 specifications and within the time period specified, and for the
1660 prompt payment of all persons defined in s. 713.01 furnishing
1661 labor, material, equipment, and supplies for work provided in
1662 the contract; however, whenever an improvement, demolition, or
1663 removal contract price is $25,000 or less, the security may, in
1664 the discretion of the bidder, be in the form of a cashier’s
1665 check, bank money order of any state or national bank, certified
1666 check, or postal money order. The department shall adopt rules
1667 to implement this subsection. Such rules shall include
1668 provisions under which the department shall refuse to accept
1669 bonds on contracts when a surety wrongfully fails or refuses to
1670 settle or provide a defense for claims or actions arising under
1671 a contract for which the surety previously furnished a bond.
1672 Section 34. Subsection (3) of section 337.251, Florida
1673 Statutes, is amended to read:
1674 337.251 Lease of property for joint public-private
1675 development and areas above or below department property.—
1676 (3) A proposal must be selected by the department based on
1677 competitive bidding, except that the department may consider
1678 other relevant factors specified in the request for proposals.
1679 The department may consider such factors as the value of
1680 property exchanges, the cost of construction, and other
1681 recurring costs for the benefit of the department by the lessee
1682 in lieu of direct revenue to the department if such other
1683 factors are of equal value including innovative proposals to
1684 involve small minority businesses. The department may name a
1685 board of advisers which may be composed of accountants, real
1686 estate appraisers, design engineers, or other experts
1687 experienced in the type of development proposed. The board of
1688 advisers shall review the feasibility of the proposals,
1689 recommend acceptance or rejection of each proposal, and rank
1690 each feasible proposal in the order of technical feasibility and
1691 benefit provided to the department. The board of advisers shall
1692 be reasonably compensated for the services provided and all
1693 department costs for evaluating the proposals shall be
1694 reimbursed from a proposal application fee to be set by the
1695 department and paid by the applicants. The board of advisers
1696 shall not be subject to selection under the provisions of
1697 chapter 287.
1698 Section 35. Subsection (2) of section 337.401, Florida
1699 Statutes, is amended to read:
1700 337.401 Use of right-of-way for utilities subject to
1701 regulation; permit; fees.—
1702 (2)(a) The authority may grant to any person who is a
1703 resident of this state, or to any corporation which is organized
1704 under the laws of this state or licensed to do business within
1705 this state, the use of a right-of-way for the utility in
1706 accordance with such rules or regulations as the authority may
1707 adopt. A utility may not be installed, located, or relocated
1708 unless authorized by a written permit issued by the authority.
1709 However, for public roads or publicly owned rail corridors under
1710 the jurisdiction of the department, a utility relocation
1711 schedule and relocation agreement may be executed in lieu of a
1712 written permit. The permit must require the permitholder to be
1713 responsible for any damage resulting from the issuance of such
1714 permit. The authority may initiate injunctive proceedings as
1715 provided in s. 120.69 to enforce provisions of this subsection
1716 or any rule or order issued or entered into pursuant thereto. A
1717 permit application required under this subsection by a county or
1718 municipality having jurisdiction and control of the right-of-way
1719 of any public road must be processed and acted upon in
1720 accordance with the timeframes provided in subparagraphs
1721 (7)(d)7., 8., and 9.
1722 (b) Notwithstanding paragraph (a), a municipality may not
1723 prohibit, or require a permit for, the installation of a public
1724 sewer transmission line placed and maintained within and under
1725 publicly dedicated rights-of-way as part of a septic-to-sewer
1726 conversion where the work is being performed under permits
1727 issued by the Department of Transportation pursuant to this
1728 chapter and the Department of Environmental Protection, or its
1729 delegate, pursuant to chapter 403.
1730 Section 36. Subsection (4) of section 337.406, Florida
1731 Statutes, is amended to read:
1732 337.406 Unlawful use of state transportation facility
1733 right-of-way; penalties.—
1734 (4)(a) Camping is prohibited on any portion of the right
1735 of-way of the State Highway System that is within 100 feet of a
1736 bridge, causeway, overpass, or ramp.
1737 (b) This subsection does not apply to a person who has
1738 acquired the appropriate permits and is actively navigating the
1739 federally designated Florida National Scenic Trail recognized by
1740 the state in s. 260.012(6).
1741 Section 37. Subsection (4) of section 338.227, Florida
1742 Statutes, is amended to read:
1743 338.227 Turnpike revenue bonds.—
1744 (4) The Department of Transportation and the Department of
1745 Management Services shall create and implement an outreach
1746 program designed to enhance the participation of small minority
1747 persons and minority business enterprises in all contracts
1748 entered into by their respective departments for services
1749 related to the financing of department projects for the
1750 Strategic Intermodal System Plan developed pursuant to s.
1751 339.64. These services shall include, but are not limited to,
1752 bond counsel and bond underwriters.
1753 Section 38. Section 339.0805, Florida Statutes, is
1754 repealed.
1755 Section 39. Paragraph (c) of subsection (2) of section
1756 339.135, Florida Statutes, is amended to read:
1757 339.135 Work program; legislative budget request;
1758 definitions; preparation, adoption, execution, and amendment.—
1759 (2) SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST
1760 FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.—
1761 (c) The department shall submit the list of projects
1762 prepared pursuant to this subsection to the legislative
1763 appropriations committees, together with the following plans and
1764 reports:
1765 1. An enhanced program and resource plan that adds the list
1766 of projects and required support costs to the projects and other
1767 programs of the tentative work program required to be submitted
1768 by the department pursuant to this section.
1769 2. A variance report comparing the enhanced plan with the
1770 plan for the tentative work program covering the same period of
1771 time.
1772 3. A 36-month cash forecast identifying the additional
1773 revenues needed to finance the enhanced plan.
1774 4. A report identifying any of the following entities that
1775 has adopted or promoted energy policy goals inconsistent with
1776 the energy policy of this state set forth in s. 377.601, as
1777 determined by the department after consultation with the
1778 Department of Agriculture and Consumer Services, the Public
1779 Service Commission, and the Department of Environmental
1780 Protection:
1781 a. A public transit provider as defined in s. 341.031(1).
1782 b. An authority created pursuant to chapter 343, chapter
1783 348, or chapter 349.
1784 c. A public-use airport as defined in s. 332.004.
1785 d. A port listed in s. 311.09(1).
1786
1787 The report shall include a written statement that explains the
1788 basis for the department’s determination for each entity
1789 identified in the report.
1790 Section 40. Paragraph (b) of subsection (3) and paragraph
1791 (c) of subsection (4) of section 339.2821, Florida Statutes, are
1792 amended to read:
1793 339.2821 Economic development transportation projects.—
1794 (3)
1795 (b) The department must ensure that it is supportive of
1796 small businesses as defined in s. 337.027(2) small and minority
1797 businesses have equal access to participate in transportation
1798 projects funded pursuant to this section.
1799 (4) A contract between the department and a governmental
1800 body for a transportation project must:
1801 (c) Require that the governmental body provide the
1802 department with progress reports. Each progress report must
1803 contain:
1804 1. A narrative description of the work completed and
1805 whether the work is proceeding according to the transportation
1806 project schedule;
1807 2. A description of each change order executed by the
1808 governmental body;
1809 3. A budget summary detailing planned expenditures compared
1810 to actual expenditures; and
1811 4. The identity of each small or minority business used as
1812 a contractor or subcontractor.
1813 Section 41. Section 339.287, Florida Statutes, is repealed.
1814 Section 42. Paragraph (a) of subsection (5) of section
1815 339.63, Florida Statutes, is amended to read:
1816 339.63 System facilities designated; additions and
1817 deletions.—
1818 (5)(a) The Secretary of Transportation shall designate a
1819 planned facility as part of the Strategic Intermodal System upon
1820 request of the facility if it meets the criteria and thresholds
1821 established by the department pursuant to subsection (4), is
1822 meets the definition of an “intermodal logistics center” as
1823 defined in s. 311.101(2), and has been designated in a local
1824 comprehensive plan or local government development order as an
1825 intermodal logistics center or an equivalent planning term. For
1826 the purpose of this section, the term “intermodal logistics
1827 center” means a facility or group of facilities, including, but
1828 not limited to, an inland port, serving as a point of intermodal
1829 transfer of freight in a specific area physically separated from
1830 a seaport whose activities relating to transport, logistics,
1831 goods distribution, consolidation, or value-added activities are
1832 carried out and whose activities and services are designed to
1833 support or be supported by one or more seaports, as provided in
1834 s. 311.09, or an airport whose activities and services are
1835 designed to support the transport, logistics, goods
1836 distribution, consolidation, or value-added activities related
1837 to airborne cargo.
1838 Section 43. Subsections (3) and (7) of section 339.651,
1839 Florida Statutes, are amended to read:
1840 339.651 Strategic Intermodal System supply chain demands.—
1841 (3) The department may shall make up to $20 million
1842 available each year for fiscal years 2023-2024 through 2027
1843 2028, from the existing work program revenues, to fund projects
1844 that meet the public purpose of providing increased capacity and
1845 enhanced capabilities to move and store construction aggregate.
1846 Applicants eligible for project funding under this section are
1847 seaports listed in s. 311.09 and rail lines and rail facilities.
1848 (7) This section shall stand repealed on July 1, 2028.
1849 Section 44. Paragraph (b) of subsection (6) of section
1850 341.051, Florida Statutes, is amended to read:
1851 341.051 Administration and financing of public transit and
1852 intercity bus service programs and projects.—
1853 (6) ANNUAL APPROPRIATION.—
1854 (b) If funds are allocated to projects that qualify for the
1855 New Starts Transit Program in the current fiscal year and a
1856 project will not be ready for production by June 30, those funds
1857 must The remaining unallocated New Starts Transit Program funds
1858 as of June 30, 2024, shall be reallocated for the purpose of the
1859 Strategic Intermodal System within the State Transportation
1860 Trust Fund for the next fiscal year. This paragraph expires June
1861 30, 2026.
1862
1863 For purposes of this section, the term “net operating costs”
1864 means all operating costs of a project less any federal funds,
1865 fares, or other sources of income to the project.
1866 Section 45. Subsections (1) and (6) of section 341.052,
1867 Florida Statutes, are amended to read:
1868 341.052 Public transit block grant program; administration;
1869 eligible projects; limitation.—
1870 (1) There is created a public transit block grant program
1871 which shall be administered by the department. Block grant funds
1872 shall only be provided to “Section 9” providers and “Section 18”
1873 providers designated by the United States Department of
1874 Transportation pursuant to 49 U.S.C. s. 5307 and community
1875 transportation coordinators as defined in chapter 427. Eligible
1876 providers must establish public transportation development plans
1877 consistent, to the maximum extent feasible, with approved local
1878 government comprehensive plans of the units of local government
1879 in which the provider is located and the long-range
1880 transportation plans of the metropolitan planning organization
1881 in which the provider is located. In developing public
1882 transportation development plans, eligible providers must
1883 solicit comments from local workforce development boards
1884 established under chapter 445. The development plans must
1885 address how the public transit provider will work with the
1886 appropriate local workforce development board to provide
1887 services to participants in the welfare transition program.
1888 Eligible providers must provide information to the local
1889 workforce development board serving the county in which the
1890 provider is located regarding the availability of transportation
1891 services to assist program participants.
1892 (6) The department shall distribute 85 percent of the
1893 public transit block grant funds to “Section 9” and “Section 18”
1894 providers designated by the United States Department of
1895 Transportation pursuant to 49 U.S.C. s. 5307. The funds shall be
1896 distributed to such “Section 9” providers, and to “Section 18”
1897 providers that are not designated as community transportation
1898 coordinators pursuant to chapter 427, according to the following
1899 formula, except that at least $20,000 shall be distributed to
1900 each eligible provider if application of the formula provides
1901 less than that amount for any such provider:
1902 (a) One-third shall be distributed according to the
1903 percentage that an eligible provider’s county population in the
1904 most recent year for which those population figures are
1905 available from the state census repository is of the total
1906 population of all counties served by eligible providers.
1907 (b) One-third shall be distributed according to the
1908 percentage that the total revenue miles provided by an eligible
1909 provider, as verified by the most recent National Transit
1910 Database “Section 15” report to the Federal Transit
1911 Administration or a similar audited report submitted to the
1912 department, is of the total revenue miles provided by eligible
1913 providers in the state in that year.
1914 (c) One-third shall be distributed according to the
1915 percentage that the total passengers carried by an eligible
1916 provider, as verified by the most recent National Transit
1917 Database “Section 15” report submitted to the Federal Transit
1918 Administration or a similar audited report submitted to the
1919 department, is of the total number of passengers carried by
1920 eligible providers in the state in that year.
1921 Section 46. Subsection (5) of section 348.754, Florida
1922 Statutes, is amended to read:
1923 348.754 Purposes and powers.—
1924 (5) The authority shall encourage the inclusion of local
1925 and small local-, small-, minority-, and women-owned businesses
1926 in its procurement and contracting opportunities.
1927 Section 47. Subsection (2) of section 349.03, Florida
1928 Statutes, is amended to read:
1929 349.03 Jacksonville Transportation Authority.—
1930 (2) The governing body of the authority shall be composed
1931 consist of seven members. Four Three members shall be appointed
1932 by the Governor and confirmed by the Senate. Of the four members
1933 appointed by the Governor, one must be a resident of Duval
1934 County, one must be a resident of Clay County, one must be a
1935 resident of St. Johns County, and one must be a resident of
1936 Nassau County. Three members shall be appointed by the mayor of
1937 the City of Jacksonville subject to confirmation by the council
1938 of the City of Jacksonville. The seventh member shall be the
1939 district secretary of the Department of Transportation serving
1940 in the district that contains the City of Jacksonville. Except
1941 for the seventh member, Members appointed by the mayor of the
1942 City of Jacksonville must shall be residents and qualified
1943 electors of Duval County.
1944 Section 48. Paragraphs (j) and (m) of subsection (2) of
1945 section 110.205, Florida Statutes, are amended to read:
1946 110.205 Career service; exemptions.—
1947 (2) EXEMPT POSITIONS.—The exempt positions that are not
1948 covered by this part include the following:
1949 (j) The appointed secretaries and the State Surgeon
1950 General, assistant secretaries, deputy secretaries, and deputy
1951 assistant secretaries of all departments; the executive
1952 directors, assistant executive directors, deputy executive
1953 directors, and deputy assistant executive directors of all
1954 departments; the directors of all divisions and those positions
1955 determined by the department to have managerial responsibilities
1956 comparable to such positions, which positions include, but are
1957 not limited to, program directors, assistant program directors,
1958 district administrators, deputy district administrators, the
1959 Director of Central Operations Services of the Department of
1960 Children and Families, the State Transportation Development
1961 Administrator, the State Public Transportation and Modal
1962 Administrator, district secretaries, district directors of
1963 transportation development, transportation operations,
1964 transportation support, and the managers of the offices of the
1965 Department of Transportation specified in s. 20.23(4)(b) s.
1966 20.23(3)(b). Unless otherwise fixed by law, the department shall
1967 set the salary and benefits of these positions and the positions
1968 of county health department directors and county health
1969 department administrators of the Department of Health in
1970 accordance with the rules of the Senior Management Service.
1971 (m) All assistant division director, deputy division
1972 director, and bureau chief positions in any department, and
1973 those positions determined by the department to have managerial
1974 responsibilities comparable to such positions, which include,
1975 but are not limited to:
1976 1. Positions in the Department of Health and the Department
1977 of Children and Families which are assigned primary duties of
1978 serving as the superintendent or assistant superintendent of an
1979 institution.
1980 2. Positions in the Department of Corrections which are
1981 assigned primary duties of serving as the warden, assistant
1982 warden, colonel, or major of an institution or that are assigned
1983 primary duties of serving as the circuit administrator or deputy
1984 circuit administrator.
1985 3. Positions in the Department of Transportation which are
1986 assigned primary duties of serving as regional toll managers and
1987 managers of offices, as specified in s. 20.23(4)(b) and (5)(c)
1988 s. 20.23(3)(b) and (4)(c).
1989 4. Positions in the Department of Environmental Protection
1990 which are assigned the duty of an Environmental Administrator or
1991 program administrator.
1992 5. Positions in the Department of Health which are assigned
1993 the duties of Environmental Administrator, Assistant County
1994 Health Department Director, and County Health Department
1995 Financial Administrator.
1996 6. Positions in the Department of Highway Safety and Motor
1997 Vehicles which are assigned primary duties of serving as
1998 captains in the Florida Highway Patrol.
1999
2000 Unless otherwise fixed by law, the department shall set the
2001 salary and benefits of the positions listed in this paragraph in
2002 accordance with the rules established for the Selected Exempt
2003 Service.
2004 Section 49. Paragraph (d) of subsection (3) of section
2005 322.27, Florida Statutes, is amended to read:
2006 322.27 Authority of department to suspend or revoke driver
2007 license or identification card.—
2008 (3) There is established a point system for evaluation of
2009 convictions of violations of motor vehicle laws or ordinances,
2010 and violations of applicable provisions of s. 403.413(6)(b) when
2011 such violations involve the use of motor vehicles, for the
2012 determination of the continuing qualification of any person to
2013 operate a motor vehicle. The department is authorized to suspend
2014 the license of any person upon showing of its records or other
2015 good and sufficient evidence that the licensee has been
2016 convicted of violation of motor vehicle laws or ordinances, or
2017 applicable provisions of s. 403.413(6)(b), amounting to 12 or
2018 more points as determined by the point system. The suspension
2019 shall be for a period of not more than 1 year.
2020 (d) The point system shall have as its basic element a
2021 graduated scale of points assigning relative values to
2022 convictions of the following violations:
2023 1. Reckless driving, willful and wanton—4 points.
2024 2. Leaving the scene of a crash resulting in property
2025 damage of more than $50—6 points.
2026 3. Unlawful speed, or unlawful use of a wireless
2027 communications device, resulting in a crash—6 points.
2028 4. Passing a stopped school bus:
2029 a. Not causing or resulting in serious bodily injury to or
2030 death of another—4 points.
2031 b. Causing or resulting in serious bodily injury to or
2032 death of another—6 points.
2033 c. Points may not be imposed for a violation of passing a
2034 stopped school bus as provided in s. 316.172(1)(a) or (b) when
2035 enforced by a school bus infraction detection system pursuant to
2036 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
2037 when enforced by a school bus infraction detection system
2038 pursuant to s. 316.173 may not be used for purposes of setting
2039 motor vehicle insurance rates.
2040 5. Unlawful speed:
2041 a. Not in excess of 15 miles per hour of lawful or posted
2042 speed—3 points.
2043 b. In excess of 15 miles per hour of lawful or posted
2044 speed—4 points.
2045 c. Points may not be imposed for a violation of unlawful
2046 speed as provided in s. 316.1895 or s. 316.183 when enforced by
2047 a traffic infraction enforcement officer pursuant to s.
2048 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
2049 when enforced by a traffic infraction enforcement officer
2050 pursuant to s. 316.1896 may not be used for purposes of setting
2051 motor vehicle insurance rates.
2052 6. A violation of a traffic control signal device as
2053 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
2054 However, points may not be imposed for a violation of s.
2055 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2056 stop at a traffic signal and when enforced by a traffic
2057 infraction enforcement officer. In addition, a violation of s.
2058 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2059 stop at a traffic signal and when enforced by a traffic
2060 infraction enforcement officer may not be used for purposes of
2061 setting motor vehicle insurance rates.
2062 7. Unlawfully driving a vehicle through a railroad-highway
2063 grade crossing—6 points.
2064 8. All other moving violations (including parking on a
2065 highway outside the limits of a municipality)—3 points. However,
2066 points may not be imposed for a violation of s. 316.0741 or s.
2067 316.2065(11); and points may be imposed for a violation of s.
2068 316.1001 only when imposed by the court after a hearing pursuant
2069 to s. 318.14(5).
2070 9. Any moving violation covered in this paragraph,
2071 excluding unlawful speed and unlawful use of a wireless
2072 communications device, resulting in a crash—4 points.
2073 10. Any conviction under s. 403.413(6)(b)—3 points.
2074 11. Any conviction under s. 316.0775(2)—4 points.
2075 12. A moving violation covered in this paragraph which is
2076 committed in conjunction with the unlawful use of a wireless
2077 communications device within a school safety zone—2 points, in
2078 addition to the points assigned for the moving violation.
2079 Section 50. Subsection (13) of section 365.172, Florida
2080 Statutes, is amended to read:
2081 365.172 Emergency communications.—
2082 (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
2083 IMPLEMENTATION.—To balance the public need for reliable
2084 emergency communications services through reliable wireless
2085 systems and the public interest served by governmental zoning
2086 and land development regulations and notwithstanding any other
2087 law or local ordinance to the contrary, the following standards
2088 shall apply to a local government’s actions, as a regulatory
2089 body, in the regulation of the placement, construction, or
2090 modification of a wireless communications facility. This
2091 subsection may not, however, be construed to waive or alter the
2092 provisions of s. 286.011 or s. 286.0115. For the purposes of
2093 this subsection only, “local government” shall mean any
2094 municipality or county and any agency of a municipality or
2095 county only. The term “local government” does not, however,
2096 include any airport, as defined in s. 330.27 by s. 330.27(2),
2097 even if it is owned or controlled by or through a municipality,
2098 county, or agency of a municipality or county. Further,
2099 notwithstanding anything in this section to the contrary, this
2100 subsection does not apply to or control a local government’s
2101 actions as a property or structure owner in the use of any
2102 property or structure owned by such entity for the placement,
2103 construction, or modification of wireless communications
2104 facilities. In the use of property or structures owned by the
2105 local government, however, a local government may not use its
2106 regulatory authority so as to avoid compliance with, or in a
2107 manner that does not advance, the provisions of this subsection.
2108 (a) Colocation among wireless providers is encouraged by
2109 the state.
2110 1.a. Colocations on towers, including nonconforming towers,
2111 that meet the requirements in sub-sub-subparagraphs (I), (II),
2112 and (III), are subject to only building permit review, which may
2113 include a review for compliance with this subparagraph. Such
2114 colocations are not subject to any design or placement
2115 requirements of the local government’s land development
2116 regulations in effect at the time of the colocation that are
2117 more restrictive than those in effect at the time of the initial
2118 antennae placement approval, to any other portion of the land
2119 development regulations, or to public hearing review. This sub
2120 subparagraph may not preclude a public hearing for any appeal of
2121 the decision on the colocation application.
2122 (I) The colocation does not increase the height of the
2123 tower to which the antennae are to be attached, measured to the
2124 highest point of any part of the tower or any existing antenna
2125 attached to the tower;
2126 (II) The colocation does not increase the ground space
2127 area, commonly known as the compound, approved in the site plan
2128 for equipment enclosures and ancillary facilities; and
2129 (III) The colocation consists of antennae, equipment
2130 enclosures, and ancillary facilities that are of a design and
2131 configuration consistent with all applicable regulations,
2132 restrictions, or conditions, if any, applied to the initial
2133 antennae placed on the tower and to its accompanying equipment
2134 enclosures and ancillary facilities and, if applicable, applied
2135 to the tower supporting the antennae. Such regulations may
2136 include the design and aesthetic requirements, but not
2137 procedural requirements, other than those authorized by this
2138 section, of the local government’s land development regulations
2139 in effect at the time the initial antennae placement was
2140 approved.
2141 b. Except for a historic building, structure, site, object,
2142 or district, or a tower included in sub-subparagraph a.,
2143 colocations on all other existing structures that meet the
2144 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
2145 to no more than building permit review, and an administrative
2146 review for compliance with this subparagraph. Such colocations
2147 are not subject to any portion of the local government’s land
2148 development regulations not addressed herein, or to public
2149 hearing review. This sub-subparagraph may not preclude a public
2150 hearing for any appeal of the decision on the colocation
2151 application.
2152 (I) The colocation does not increase the height of the
2153 existing structure to which the antennae are to be attached,
2154 measured to the highest point of any part of the structure or
2155 any existing antenna attached to the structure;
2156 (II) The colocation does not increase the ground space
2157 area, otherwise known as the compound, if any, approved in the
2158 site plan for equipment enclosures and ancillary facilities;
2159 (III) The colocation consists of antennae, equipment
2160 enclosures, and ancillary facilities that are of a design and
2161 configuration consistent with any applicable structural or
2162 aesthetic design requirements and any requirements for location
2163 on the structure, but not prohibitions or restrictions on the
2164 placement of additional colocations on the existing structure or
2165 procedural requirements, other than those authorized by this
2166 section, of the local government’s land development regulations
2167 in effect at the time of the colocation application; and
2168 (IV) The colocation consists of antennae, equipment
2169 enclosures, and ancillary facilities that are of a design and
2170 configuration consistent with all applicable restrictions or
2171 conditions, if any, that do not conflict with sub-sub
2172 subparagraph (III) and were applied to the initial antennae
2173 placed on the structure and to its accompanying equipment
2174 enclosures and ancillary facilities and, if applicable, applied
2175 to the structure supporting the antennae.
2176 c. Regulations, restrictions, conditions, or permits of the
2177 local government, acting in its regulatory capacity, that limit
2178 the number of colocations or require review processes
2179 inconsistent with this subsection do not apply to colocations
2180 addressed in this subparagraph.
2181 d. If only a portion of the colocation does not meet the
2182 requirements of this subparagraph, such as an increase in the
2183 height of the proposed antennae over the existing structure
2184 height or a proposal to expand the ground space approved in the
2185 site plan for the equipment enclosure, where all other portions
2186 of the colocation meet the requirements of this subparagraph,
2187 that portion of the colocation only may be reviewed under the
2188 local government’s regulations applicable to an initial
2189 placement of that portion of the facility, including, but not
2190 limited to, its land development regulations, and within the
2191 review timeframes of subparagraph (d)2., and the rest of the
2192 colocation shall be reviewed in accordance with this
2193 subparagraph. A colocation proposal under this subparagraph that
2194 increases the ground space area, otherwise known as the
2195 compound, approved in the original site plan for equipment
2196 enclosures and ancillary facilities by no more than a cumulative
2197 amount of 400 square feet or 50 percent of the original compound
2198 size, whichever is greater, shall, however, require no more than
2199 administrative review for compliance with the local government’s
2200 regulations, including, but not limited to, land development
2201 regulations review, and building permit review, with no public
2202 hearing review. This sub-subparagraph does not preclude a public
2203 hearing for any appeal of the decision on the colocation
2204 application.
2205 2. If a colocation does not meet the requirements of
2206 subparagraph 1., the local government may review the application
2207 under the local government’s regulations, including, but not
2208 limited to, land development regulations, applicable to the
2209 placement of initial antennae and their accompanying equipment
2210 enclosure and ancillary facilities.
2211 3. If a colocation meets the requirements of subparagraph
2212 1., the colocation may not be considered a modification to an
2213 existing structure or an impermissible modification of a
2214 nonconforming structure.
2215 4. The owner of the existing tower on which the proposed
2216 antennae are to be colocated shall remain responsible for
2217 compliance with any applicable condition or requirement of a
2218 permit or agreement, or any applicable condition or requirement
2219 of the land development regulations to which the existing tower
2220 had to comply at the time the tower was permitted, including any
2221 aesthetic requirements, provided the condition or requirement is
2222 not inconsistent with this paragraph.
2223 5. An existing tower, including a nonconforming tower, may
2224 be structurally modified in order to permit colocation or may be
2225 replaced through no more than administrative review and building
2226 permit review, and is not subject to public hearing review, if
2227 the overall height of the tower is not increased and, if a
2228 replacement, the replacement tower is a monopole tower or, if
2229 the existing tower is a camouflaged tower, the replacement tower
2230 is a like-camouflaged tower. This subparagraph may not preclude
2231 a public hearing for any appeal of the decision on the
2232 application.
2233 (b)1. A local government’s land development and
2234 construction regulations for wireless communications facilities
2235 and the local government’s review of an application for the
2236 placement, construction, or modification of a wireless
2237 communications facility shall only address land development or
2238 zoning issues. In such local government regulations or review,
2239 the local government may not require information on or evaluate
2240 a wireless provider’s business decisions about its service,
2241 customer demand for its service, or quality of its service to or
2242 from a particular area or site, unless the wireless provider
2243 voluntarily offers this information to the local government. In
2244 such local government regulations or review, a local government
2245 may not require information on or evaluate the wireless
2246 provider’s designed service unless the information or materials
2247 are directly related to an identified land development or zoning
2248 issue or unless the wireless provider voluntarily offers the
2249 information. Information or materials directly related to an
2250 identified land development or zoning issue may include, but are
2251 not limited to, evidence that no existing structure can
2252 reasonably be used for the antennae placement instead of the
2253 construction of a new tower, that residential areas cannot be
2254 served from outside the residential area, as addressed in
2255 subparagraph 3., or that the proposed height of a new tower or
2256 initial antennae placement or a proposed height increase of a
2257 modified tower, replacement tower, or colocation is necessary to
2258 provide the provider’s designed service. Nothing in this
2259 paragraph shall limit the local government from reviewing any
2260 applicable land development or zoning issue addressed in its
2261 adopted regulations that does not conflict with this section,
2262 including, but not limited to, aesthetics, landscaping, land
2263 use-based location priorities, structural design, and setbacks.
2264 2. Any setback or distance separation required of a tower
2265 may not exceed the minimum distance necessary, as determined by
2266 the local government, to satisfy the structural safety or
2267 aesthetic concerns that are to be protected by the setback or
2268 distance separation.
2269 3. A local government may exclude the placement of wireless
2270 communications facilities in a residential area or residential
2271 zoning district but only in a manner that does not constitute an
2272 actual or effective prohibition of the provider’s service in
2273 that residential area or zoning district. If a wireless provider
2274 demonstrates to the satisfaction of the local government that
2275 the provider cannot reasonably provide its service to the
2276 residential area or zone from outside the residential area or
2277 zone, the municipality or county and provider shall cooperate to
2278 determine an appropriate location for a wireless communications
2279 facility of an appropriate design within the residential area or
2280 zone. The local government may require that the wireless
2281 provider reimburse the reasonable costs incurred by the local
2282 government for this cooperative determination. An application
2283 for such cooperative determination may not be considered an
2284 application under paragraph (d).
2285 4. A local government may impose a reasonable fee on
2286 applications to place, construct, or modify a wireless
2287 communications facility only if a similar fee is imposed on
2288 applicants seeking other similar types of zoning, land use, or
2289 building permit review. A local government may impose fees for
2290 the review of applications for wireless communications
2291 facilities by consultants or experts who conduct code compliance
2292 review for the local government but any fee is limited to
2293 specifically identified reasonable expenses incurred in the
2294 review. A local government may impose reasonable surety
2295 requirements to ensure the removal of wireless communications
2296 facilities that are no longer being used.
2297 5. A local government may impose design requirements, such
2298 as requirements for designing towers to support colocation or
2299 aesthetic requirements, except as otherwise limited in this
2300 section, but may not impose or require information on compliance
2301 with building code type standards for the construction or
2302 modification of wireless communications facilities beyond those
2303 adopted by the local government under chapter 553 and that apply
2304 to all similar types of construction.
2305 (c) Local governments may not require wireless providers to
2306 provide evidence of a wireless communications facility’s
2307 compliance with federal regulations, except evidence of
2308 compliance with applicable Federal Aviation Administration
2309 requirements under 14 C.F.R. part 77, as amended, and evidence
2310 of proper Federal Communications Commission licensure, or other
2311 evidence of Federal Communications Commission authorized
2312 spectrum use, but may request the Federal Communications
2313 Commission to provide information as to a wireless provider’s
2314 compliance with federal regulations, as authorized by federal
2315 law.
2316 (d)1. A local government shall grant or deny each properly
2317 completed application for a colocation under subparagraph (a)1.
2318 based on the application’s compliance with the local
2319 government’s applicable regulations, as provided for in
2320 subparagraph (a)1. and consistent with this subsection, and
2321 within the normal timeframe for a similar building permit review
2322 but in no case later than 45 business days after the date the
2323 application is determined to be properly completed in accordance
2324 with this paragraph.
2325 2. A local government shall grant or deny each properly
2326 completed application for any other wireless communications
2327 facility based on the application’s compliance with the local
2328 government’s applicable regulations, including but not limited
2329 to land development regulations, consistent with this subsection
2330 and within the normal timeframe for a similar type review but in
2331 no case later than 90 business days after the date the
2332 application is determined to be properly completed in accordance
2333 with this paragraph.
2334 3.a. An application is deemed submitted or resubmitted on
2335 the date the application is received by the local government. If
2336 the local government does not notify the applicant in writing
2337 that the application is not completed in compliance with the
2338 local government’s regulations within 20 business days after the
2339 date the application is initially submitted or additional
2340 information resubmitted, the application is deemed, for
2341 administrative purposes only, to be properly completed and
2342 properly submitted. However, the determination may not be deemed
2343 as an approval of the application. If the application is not
2344 completed in compliance with the local government’s regulations,
2345 the local government shall so notify the applicant in writing
2346 and the notification must indicate with specificity any
2347 deficiencies in the required documents or deficiencies in the
2348 content of the required documents which, if cured, make the
2349 application properly completed. Upon resubmission of information
2350 to cure the stated deficiencies, the local government shall
2351 notify the applicant, in writing, within the normal timeframes
2352 of review, but in no case longer than 20 business days after the
2353 additional information is submitted, of any remaining
2354 deficiencies that must be cured. Deficiencies in document type
2355 or content not specified by the local government do not make the
2356 application incomplete. Notwithstanding this sub-subparagraph,
2357 if a specified deficiency is not properly cured when the
2358 applicant resubmits its application to comply with the notice of
2359 deficiencies, the local government may continue to request the
2360 information until such time as the specified deficiency is
2361 cured. The local government may establish reasonable timeframes
2362 within which the required information to cure the application
2363 deficiency is to be provided or the application will be
2364 considered withdrawn or closed.
2365 b. If the local government fails to grant or deny a
2366 properly completed application for a wireless communications
2367 facility within the timeframes set forth in this paragraph, the
2368 application shall be deemed automatically approved and the
2369 applicant may proceed with placement of the facilities without
2370 interference or penalty. The timeframes specified in
2371 subparagraph 2. may be extended only to the extent that the
2372 application has not been granted or denied because the local
2373 government’s procedures generally applicable to all other
2374 similar types of applications require action by the governing
2375 body and such action has not taken place within the timeframes
2376 specified in subparagraph 2. Under such circumstances, the local
2377 government must act to either grant or deny the application at
2378 its next regularly scheduled meeting or, otherwise, the
2379 application is deemed to be automatically approved.
2380 c. To be effective, a waiver of the timeframes set forth in
2381 this paragraph must be voluntarily agreed to by the applicant
2382 and the local government. A local government may request, but
2383 not require, a waiver of the timeframes by the applicant, except
2384 that, with respect to a specific application, a one-time waiver
2385 may be required in the case of a declared local, state, or
2386 federal emergency that directly affects the administration of
2387 all permitting activities of the local government.
2388 (e) The replacement of or modification to a wireless
2389 communications facility, except a tower, that results in a
2390 wireless communications facility not readily discernibly
2391 different in size, type, and appearance when viewed from ground
2392 level from surrounding properties, and the replacement or
2393 modification of equipment that is not visible from surrounding
2394 properties, all as reasonably determined by the local
2395 government, are subject to no more than applicable building
2396 permit review.
2397 (f) Any other law to the contrary notwithstanding, the
2398 Department of Management Services shall negotiate, in the name
2399 of the state, leases for wireless communications facilities that
2400 provide access to state government-owned property not acquired
2401 for transportation purposes, and the Department of
2402 Transportation shall negotiate, in the name of the state, leases
2403 for wireless communications facilities that provide access to
2404 property acquired for state rights-of-way. On property acquired
2405 for transportation purposes, leases shall be granted in
2406 accordance with s. 337.251. On other state government-owned
2407 property, leases shall be granted on a space available, first
2408 come, first-served basis. Payments required by state government
2409 under a lease must be reasonable and must reflect the market
2410 rate for the use of the state government-owned property. The
2411 Department of Management Services and the Department of
2412 Transportation are authorized to adopt rules for the terms and
2413 conditions and granting of any such leases.
2414 (g) If any person adversely affected by any action, or
2415 failure to act, or regulation, or requirement of a local
2416 government in the review or regulation of the wireless
2417 communication facilities files an appeal or brings an
2418 appropriate action in a court or venue of competent
2419 jurisdiction, following the exhaustion of all administrative
2420 remedies, the matter shall be considered on an expedited basis.
2421 Section 51. Subsection (2) of section 379.2293, Florida
2422 Statutes, is amended to read:
2423 379.2293 Airport activities within the scope of a federally
2424 approved wildlife hazard management plan or a federal or state
2425 permit or other authorization for depredation or harassment.—
2426 (2) An airport authority or other entity owning or
2427 operating an airport, as defined in s. 330.27 s. 330.27(2), is
2428 not subject to any administrative or civil penalty, restriction,
2429 or other sanction with respect to any authorized action taken in
2430 a non-negligent manner for the purpose of protecting human life
2431 or aircraft safety from wildlife hazards.
2432 Section 52. Subsection (22) of section 493.6101, Florida
2433 Statutes, is amended to read:
2434 493.6101 Definitions.—
2435 (22) “Repossession” means the recovery of a motor vehicle
2436 as defined under s. 320.01(1), a mobile home as defined in s.
2437 320.01(2), a motorboat as defined under s. 327.02, an aircraft
2438 as defined in s. 330.27 s. 330.27(1), a personal watercraft as
2439 defined in s. 327.02, an all-terrain vehicle as defined in s.
2440 316.2074, farm equipment as defined under s. 686.402, or
2441 industrial equipment, by an individual who is authorized by the
2442 legal owner, lienholder, or lessor to recover, or to collect
2443 money payment in lieu of recovery of, that which has been sold
2444 or leased under a security agreement that contains a
2445 repossession clause. As used in this subsection, the term
2446 “industrial equipment” includes, but is not limited to,
2447 tractors, road rollers, cranes, forklifts, backhoes, and
2448 bulldozers. The term “industrial equipment” also includes other
2449 vehicles that are propelled by power other than muscular power
2450 and that are used in the manufacture of goods or used in the
2451 provision of services. A repossession is complete when a
2452 licensed recovery agent is in control, custody, and possession
2453 of such repossessed property. Property that is being repossessed
2454 shall be considered to be in the control, custody, and
2455 possession of a recovery agent if the property being repossessed
2456 is secured in preparation for transport from the site of the
2457 recovery by means of being attached to or placed on the towing
2458 or other transport vehicle or if the property being repossessed
2459 is being operated or about to be operated by an employee of the
2460 recovery agency.
2461 Section 53. Paragraph (c) of subsection (1) of section
2462 493.6403, Florida Statutes, is amended to read:
2463 493.6403 License requirements.—
2464 (1) In addition to the license requirements set forth in
2465 this chapter, each individual or agency shall comply with the
2466 following additional requirements:
2467 (c) An applicant for a Class “E” license shall have at
2468 least 1 year of lawfully gained, verifiable, full-time
2469 experience in one, or a combination of more than one, of the
2470 following:
2471 1. Repossession of motor vehicles as defined in s.
2472 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
2473 as defined in s. 327.02, aircraft as defined in s. 330.27 s.
2474 330.27(1), personal watercraft as defined in s. 327.02, all
2475 terrain vehicles as defined in s. 316.2074, farm equipment as
2476 defined under s. 686.402, or industrial equipment as defined in
2477 s. 493.6101(22).
2478 2. Work as a Class “EE” licensed intern.
2479 Section 54. (1) The Department of Transportation shall
2480 coordinate with all state agencies, including the Department of
2481 Environmental Protection, and water management districts to
2482 establish a workgroup to review state statutes, policies,
2483 practices, and standards relating to statewide mapping programs.
2484 Notwithstanding s. 20.255(9), Florida Statutes, the Department
2485 of Transportation is the lead agency for the development and
2486 review of policies, practices, and standards related to
2487 geospatial data managed by state agencies and water management
2488 districts under this section for the 2025-2026 fiscal year.
2489 (2) The Department of Transportation may issue a request
2490 for proposals pursuant to s. 287.057, Florida Statutes, for the
2491 procurement of a program to manage all surveys, mapping, and
2492 data collection that use light detection and ranging (LiDAR),
2493 high-resolution aerial imagery, including orthoimagery and
2494 oblique imagery, and other similar mapping technologies. The
2495 proposals may provide for co-collection of data by aerial
2496 imagery, LiDAR, and other methods. Surveying, mapping, and data
2497 collection must be conducted in a manner that considers United
2498 States Geological Survey recommendations for technologies,
2499 standards, and specifications.
2500 (3) The Department of Transportation, in coordination with
2501 the workgroup, shall review state statutes and policies related
2502 to geospatial data sharing throughout state government and make
2503 recommendations to the President of the Senate and the Speaker
2504 of the House of Representatives by November 15, 2025, for any
2505 legislative action necessary to establish the Department of
2506 Transportation as the primary point of contact for statewide
2507 geographic information systems and to update statutes relating
2508 to geographic information systems and geospatial data sharing to
2509 allow for coordination and access to such systems and geospatial
2510 data. The recommendations must provide a survey of data needs,
2511 including minimum density and elevation; consider means to
2512 ensure accuracy, consistency, and interoperability that
2513 effectively support critical functions across all users; and
2514 provide recommendations necessary to make the data collected
2515 available to all users, including information technology needs
2516 and any recommendations for cost sharing or interagency
2517 agreements. The recommendations must take into account
2518 anticipated efficiencies and cost savings while balancing the
2519 need for different types and densities of data and their uses.
2520 Section 55. This act shall take effect July 1, 2025.