Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 462
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LEGISLATIVE ACTION
Senate . House
Comm: RS .
03/20/2025 .
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The Committee on Transportation (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (e) is added to subsection (6) of
6 section 212.20, Florida Statutes, to read:
7 212.20 Funds collected, disposition; additional powers of
8 department; operational expense; refund of taxes adjudicated
9 unconstitutionally collected.—
10 (6) Distribution of all proceeds under this chapter and ss.
11 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
12 (e) To account for the impact of electric and hybrid
13 vehicles on the state highway system and the use of taxes
14 collected from motorists when charging such vehicles, beginning
15 July 2025, and reassessed every 5 fiscal years, on or before the
16 25th day of each month thereafter, of the portion of the
17 proceeds of the tax imposed under s. 212.05(1)(e)1.c., the
18 department shall distribute $4.167 million to the State
19 Transportation Trust Fund.
20 Section 2. Section 218.3215, Florida Statutes, is created
21 to read:
22 218.3215 County transportation project data.—Each county
23 shall annually provide the Department of Transportation with
24 uniform project data. The data must conform to the county’s
25 fiscal year and must include details on transportation revenues
26 by source of taxes or fees, expenditure of such revenues for
27 projects that were funded, and any unexpended balance for the
28 fiscal year. The data must also include project details,
29 including the project cost, location, and scope. The scope of
30 the project must be categorized broadly using a category, such
31 as widening, repair and rehabilitation, or sidewalks. The data
32 must specify which projects the revenues not dedicated to
33 specific projects are supporting. The Department of
34 Transportation shall inform each county of the method and
35 required format for submitting the data. The Department of
36 Transportation shall compile the data and publish such
37 compilation on its website.
38 Section 3. Subsections (6) and (35) of section 334.044,
39 Florida Statutes, are amended to read:
40 334.044 Powers and duties of the department.—The department
41 shall have the following general powers and duties:
42 (6) To acquire, by the exercise of the power of eminent
43 domain as provided by law, all property or property rights,
44 whether public or private, which it may determine are necessary
45 to the performance of its duties and the execution of its
46 powers, including, but not limited to, in advance to preserve a
47 corridor for future proposed improvements.
48 (35) To expend funds for provide a construction workforce
49 development program, in consultation with affected stakeholders,
50 for delivery of projects designated in the department’s work
51 program. The department may annually expend up to $5 million
52 from the State Transportation Trust Fund for fiscal years 2025
53 2026 through 2029-2030 in grants to state colleges and school
54 districts, with priority given to state colleges and school
55 districts in counties that are rural communities as defined in
56 s. 288.0656(2), for the purchase of equipment simulators with
57 authentic original equipment manufacturer controls and a
58 companion curriculum, for the purchase of instructional aids for
59 use in conjunction with the equipment simulators, and to support
60 offering an elective course in heavy civil construction which
61 must, at a minimum, provide the student with an Occupational
62 Safety and Health Administration 10-hour certification and a
63 fill equipment simulator certification.
64 Section 4. Section 334.63, Florida Statutes, is created to
65 read:
66 334.63 Project concept studies and project development and
67 environment studies.—
68 (1) Project concept studies and project development and
69 environment studies for capacity improvement projects on limited
70 access facilities must include the evaluation of alternatives
71 that provide transportation capacity using elevated roadway
72 above existing lanes.
73 (2) Project development and environment studies for new
74 alignment projects and capacity improvement projects must be
75 completed within 18 months after the date of commencement.
76 Section 5. Subsections (1) and (4), paragraph (b) of
77 subsection (7), and subsection (15) of section 337.11, Florida
78 Statutes, are amended to read:
79 337.11 Contracting authority of department; bids; emergency
80 repairs, supplemental agreements, and change orders; combined
81 design and construction contracts; progress payments; records;
82 requirements of vehicle registration.—
83 (1) The department shall have authority to enter into
84 contracts for the construction and maintenance of all roads
85 designated as part of the State Highway System or the State Park
86 Road System or of any roads placed under its supervision by law.
87 The department shall also have authority to enter into contracts
88 for the construction and maintenance of rest areas, weigh
89 stations, and other structures, including roads, parking areas,
90 supporting facilities and associated buildings used in
91 connection with such facilities. A contractor who enters into
92 such a contract with the department provides a service to the
93 department, and such contract does not However, no such contract
94 shall create any third-party beneficiary rights in any person
95 not a party to the contract.
96 (4)(a) Except as provided in paragraph (b), the department
97 may award the proposed construction and maintenance work to the
98 lowest responsible bidder, or in the instance of a time-plus
99 money contract, the lowest evaluated responsible bidder, or it
100 may reject all bids and proceed to rebid the work in accordance
101 with subsection (2) or otherwise perform the work.
102 (b) Notwithstanding any other provision of law to the
103 contrary:
104 1. If the department receives bids outside the award
105 criteria set forth by the department, the department must:
106 a. Arrange an in-person meeting with the lowest responsive,
107 responsible bidder to determine why the bids are over the
108 department’s estimate and may subsequently award the contract to
109 the lowest responsive, responsible bidder at its discretion;
110 b. Reject all bids and proceed to rebid the work in
111 accordance with subsection (2); or
112 c. Invite all responsive, responsible bidders to provide
113 best and final offers without filing a protest or posting a bond
114 under paragraph (5)(a). If the department thereafter awards the
115 contract, the award must be to the bidder that presents the
116 lowest best and final offer.
117 2. If the department intends to reject all bids on any
118 project after announcing, but before posting official notice of,
119 such intent, the department must provide to the lowest
120 responsive, responsible bidder the opportunity to negotiate the
121 scope of work with a corresponding reduction in price, as
122 provided in the bid, to provide a best and final offer without
123 filing a protest or posting a bond under paragraph (5)(a). Upon
124 reaching a decision regarding the lowest bidder’s best and final
125 offer, the department must post notice of final agency action to
126 either reject all bids or accept the best and final offer.
127 (c) This subsection does not prohibit the filing of a
128 protest by any bidder or alter the deadlines provided in s.
129 120.57.
130 (d) Notwithstanding the requirements of ss. 120.57(3)(c)
131 and 287.057(25), upon receipt of a formal written protest that
132 is timely filed, the department may continue the process
133 provided in this subsection but may not take final agency action
134 as to the lowest bidder except as part of the department’s final
135 agency action in the protest or upon dismissal of the protest by
136 the protesting party.
137 (7)
138 (b) If the department determines that it is in the best
139 interests of the public, the department may combine the design
140 and construction phases of a project fully funded in the work
141 program into a single contract and select the design-build firm
142 in the early stages of a project to ensure that the design-build
143 firm is part of the collaboration and development of the design
144 as part of a step-by-step progression through construction. Such
145 a contract is referred to as a phased design-build contract. For
146 phased design-build contracts, selection and award must include
147 a two-phase process. For phase one, the department shall
148 competitively award the contract to a design-build firm based
149 upon qualifications, provided that the department receives at
150 least three statements of qualifications from qualified design
151 build firms. If during phase one the department elects to enter
152 into contracts with more than one design-build firm based upon
153 qualifications, the department must competitively award the
154 contract for phase two to a single design-build firm. For phase
155 two, the design-build firm may self-perform portions of the work
156 and shall competitively bid construction trade subcontractor
157 packages and, based upon the design-build firm’s estimates of
158 the self-performed work and these bids, negotiate with the
159 department a fixed firm price or guaranteed maximum price that
160 meets the project budget and scope as advertised in the request
161 for qualifications.
162 (15) Each contract let by the department for performance of
163 bridge construction or maintenance over navigable waters must
164 contain a provision requiring marine general liability
165 insurance, in an amount to be determined by the department,
166 which covers third-party personal injury and property damage
167 caused by vessels used by the contractor in the performance of
168 the work. For a contract let by the department on or after July
169 1, 2025, such insurance must include protection and indemnity
170 coverage, which may be covered by endorsement on the marine
171 general liability insurance policy or may be a separate policy.
172 Section 6. Subsection (3) is added to section 337.1101,
173 Florida Statutes, to read:
174 337.1101 Contracting and procurement authority of the
175 department; settlements; notification required.—
176 (3) The department may not, through a settlement of a
177 protest filed in accordance with s. 120.57(3) of the award of a
178 contract being procured pursuant to s. 337.11 or related to the
179 purchase of commodities or contractual services being procured
180 pursuant to s. 287.057, create a new contract unless the new
181 contract is competitively procured.
182 Section 7. Subsections (1), (2), and (8) of section 337.14,
183 Florida Statutes, are amended to read:
184 337.14 Application for qualification; certificate of
185 qualification; restrictions; request for hearing.—
186 (1) Any contractor desiring to bid for the performance of
187 any construction contract in excess of $250,000 which the
188 department proposes to let must first be certified by the
189 department as qualified pursuant to this section and rules of
190 the department. The rules of the department must address the
191 qualification of contractors to bid on construction contracts in
192 excess of $250,000 and must include requirements with respect to
193 the equipment, past record, experience, financial resources, and
194 organizational personnel of the applying contractor which are
195 necessary to perform the specific class of work for which the
196 contractor seeks certification. Any contractor who desires to
197 bid on contracts in excess of $50 million and who is not
198 qualified and in good standing with the department as of January
199 1, 2019, must first be certified by the department as qualified
200 and must have satisfactorily completed two projects, each in
201 excess of $15 million, for the department or for any other state
202 department of transportation. The department may limit the
203 dollar amount of any contract upon which a contractor is
204 qualified to bid or the aggregate total dollar volume of
205 contracts such contractor is allowed to have under contract at
206 any one time. Each applying contractor seeking qualification to
207 bid on construction contracts in excess of $250,000 shall
208 furnish the department a statement under oath, on such forms as
209 the department may prescribe, setting forth detailed information
210 as required on the application. Each application for
211 certification must be accompanied by audited, certified
212 financial statements prepared in accordance with generally
213 accepted accounting principles and auditing standards by a
214 certified public accountant licensed in this state or another
215 state. The audited, certified financial statements must be for
216 the applying contractor and must have been prepared within the
217 immediately preceding 12 months. The department may not consider
218 any financial information of the parent entity of the applying
219 contractor, if any. The department may not certify as qualified
220 any applying contractor who fails to submit the audited,
221 certified financial statements required by this subsection. If
222 the application or the annual financial statement shows the
223 financial condition of the applying contractor more than 4
224 months before the date on which the application is received by
225 the department, the applicant must also submit interim audited,
226 certified financial statements prepared in accordance with
227 generally accepted accounting principles and auditing standards
228 by a certified public accountant licensed in this state or
229 another state. The interim financial statements must cover the
230 period from the end date of the annual statement and must show
231 the financial condition of the applying contractor no more than
232 4 months before the date that the interim financial statements
233 are received by the department. However, upon the request of the
234 applying contractor, an application and accompanying annual or
235 interim financial statement received by the department within 15
236 days after either 4-month period under this subsection are shall
237 be considered timely. An applying contractor desiring to bid
238 exclusively for the performance of construction contracts with
239 proposed budget estimates of less than $2 million may submit
240 reviewed annual or reviewed interim financial statements
241 prepared by a certified public accountant. The information
242 required by this subsection is confidential and exempt from s.
243 119.07(1). The department shall act upon the application for
244 qualification within 30 days after the department determines
245 that the application is complete. The department may waive the
246 requirements of this subsection for projects having a contract
247 price of $1 million or less which have diverse scopes of work
248 that may or may not be performed or $500,000 or less if the
249 department determines that the project is of a noncritical
250 nature and the waiver will not endanger public health, safety,
251 or property. Contracts for projects that have diverse scopes of
252 work that may or may not be performed are typically referred to
253 as push-button or task work order contracts.
254 (2) Certification is shall be necessary in order to bid on
255 a road, bridge, or public transportation construction contract
256 of more than $250,000. However, the successful bidder on any
257 construction contract must furnish a contract bond before prior
258 to the award of the contract. The department may waive the
259 requirement for all or a portion of a contract bond for
260 contracts of $250,000 $150,000 or less under s. 337.18(1).
261 (8) This section does not apply to maintenance contracts.
262 Notwithstanding any provision of law to the contrary, a
263 contractor seeking to bid on a maintenance contract that
264 predominantly includes repair and replacement of safety
265 appurtenances, including, but not limited to, guardrails,
266 attenuators, traffic signals, and striping, must possess the
267 prescribed qualifications, equipment, record, and experience to
268 perform such repair and replacement.
269 Section 8. Subsections (4) and (5) of section 337.185,
270 Florida Statutes, are amended to read:
271 337.185 State Arbitration Board.—
272 (4) The contractor may submit a claim greater than $250,000
273 up to $2 $1 million per contract or, upon agreement of the
274 parties, greater than up to $2 million per contract to be
275 arbitrated by the board. An award issued by the board pursuant
276 to this subsection is final if a request for a trial de novo is
277 not filed within the time provided by Rule 1.830, Florida Rules
278 of Civil Procedure. At the trial de novo, the court may not
279 admit evidence that there has been an arbitration proceeding,
280 the nature or amount of the award, or any other matter
281 concerning the conduct of the arbitration proceeding, except
282 that testimony given in connection with at an arbitration
283 hearing may be used for any purpose otherwise permitted by the
284 Florida Evidence Code. If a request for trial de novo is not
285 filed within the time provided, the award issued by the board is
286 final and enforceable by a court of law.
287 (5) An arbitration request may not be made to the board
288 before final acceptance but must be made to the board within 820
289 days after final acceptance or within 360 days after written
290 notice by the department of a claim related to a written
291 warranty or defect after final acceptance.
292 Section 9. Subsection (2) of section 337.19, Florida
293 Statutes, is amended to read:
294 337.19 Suits by and against department; limitation of
295 actions; forum.—
296 (2) For contracts entered into on or after June 30, 1993,
297 suits by or and against the department under this section must
298 shall be commenced within 820 days of the final acceptance of
299 the work. For contracts entered into on or after July 1, 2025,
300 suits by or against the department under this section must be
301 commenced within 820 days of the final acceptance of the work or
302 within 360 days after written notice by the department of a
303 claim related to a written warranty or defect after final
304 acceptance This section shall apply to all contracts entered
305 into after June 30, 1993.
306 Section 10. Present subsections (3) through (9) of section
307 337.401, Florida Statutes, are redesignated as subsections (4)
308 through (10), respectively, paragraph (c) is added to subsection
309 (1) and new subsection (3) is added to that section, and
310 paragraph (b) of subsection (1), subsection (2), paragraphs (a),
311 (c), and (g) of present subsection (3), present subsection (5),
312 paragraph (e) of present subsection (6), and paragraphs (d) and
313 (h) of present subsection (7) of that section are amended, to
314 read:
315 337.401 Use of right-of-way for utilities subject to
316 regulation; permit; fees.—
317 (1)
318 (b) For aerial and underground electric utility
319 transmission lines designed to operate at 69 or more kilovolts
320 which that are needed to accommodate the additional electrical
321 transfer capacity on the transmission grid resulting from new
322 base-load generating facilities, the department’s rules shall
323 provide for placement of and access to such transmission lines
324 adjacent to and within the right-of-way of any department
325 controlled public roads, including longitudinally within limited
326 access facilities where there is no other practicable
327 alternative available, to the greatest extent allowed by federal
328 law, if compliance with the standards established by such rules
329 is achieved. Without limiting or conditioning the department’s
330 jurisdiction or authority described in paragraph (a), with
331 respect to limited access right-of-way, such rules may include,
332 but need not be limited to, that the use of the right-of-way for
333 longitudinal placement of electric utility transmission lines is
334 reasonable based upon a consideration of economic and
335 environmental factors, including, without limitation, other
336 practicable alternative alignments, utility corridors and
337 easements, impacts on adjacent property owners, and minimum
338 clear zones and other safety standards, and further provide that
339 placement of the electric utility transmission lines within the
340 department’s right-of-way does not interfere with operational
341 requirements of the transportation facility or planned or
342 potential future expansion of such transportation facility. If
343 the department approves longitudinal placement of electric
344 utility transmission lines in limited access facilities,
345 compensation for the use of the right-of-way is required. Such
346 consideration or compensation paid by the electric utility owner
347 in connection with the department’s issuance of a permit does
348 not create any property right in the department’s property
349 regardless of the amount of consideration paid or the
350 improvements constructed on the property by the utility owner.
351 Upon notice by the department that the property is needed for
352 expansion or improvement of the transportation facility, the
353 electric utility transmission line will be removed or relocated
354 at the utility owner’s electric utility’s sole expense. The
355 electric utility owner shall pay to the department reasonable
356 damages resulting from the utility owner’s utility’s failure or
357 refusal to timely remove or relocate its transmission lines. The
358 rules to be adopted by the department may also address the
359 compensation methodology and removal or relocation. As used in
360 this subsection, the term “base-load generating facilities”
361 means electric power plants that are certified under part II of
362 chapter 403.
363 (c) An entity that places, replaces, or relocates
364 underground utilities within a right-of-way must make such
365 underground utilities electronically detectable using techniques
366 approved by the department.
367 (2) The authority may grant to any person who is a resident
368 of this state, or to any corporation that which is organized
369 under the laws of this state or licensed to do business within
370 this state, the use of a right-of-way for the utility in
371 accordance with such rules or regulations as the authority may
372 adopt. A utility may not be installed, located, or relocated
373 unless authorized by a written permit issued by the authority.
374 However, for public roads or publicly owned rail corridors under
375 the jurisdiction of the department, a utility relocation
376 schedule and relocation agreement may be executed in lieu of a
377 written permit. The permit or relocation agreement must require
378 the permitholder or party to the agreement to be responsible for
379 any damage resulting from the work required. The utility owner
380 shall pay to the authority actual damages resulting from a
381 failure or refusal to timely remove or relocate a utility.
382 Issuance of permits for new placement of utilities within the
383 authority’s rights-of-way may be subject to payment of actual
384 costs incurred by the authority due to the failure of the
385 utility owner to timely relocate utilities pursuant to an
386 approved utility work schedule, for damage done to existing
387 infrastructure by the utility owner, and for roadway failures
388 caused by work performed by the utility owner issuance of such
389 permit. The authority may initiate injunctive proceedings as
390 provided in s. 120.69 to enforce provisions of this subsection
391 or any rule or order issued or entered into pursuant thereto. A
392 permit application required under this subsection by a county or
393 municipality having jurisdiction and control of the right-of-way
394 of any public road must be processed and acted upon in
395 accordance with the timeframes provided in subparagraphs
396 (8)(d)7., 8., and 9 (7)(d)7., 8., and 9.
397 (3)(a) As used in this subsection, the term “as-built
398 plans” means plans that include all changes and modifications
399 that occur during the construction phase of a project.
400 (b) The authority and utility owner shall agree in writing
401 to an approved depth of as-built plans in accordance with the
402 scope of a project.
403 (c) The utility owner shall submit as-built plans within 20
404 business days after completion of the utility work which show
405 actual final surface and subsurface utilities, including
406 location alignment profile, depth, and geodetic datum of each
407 structure. As-built plans must be provided in an electronic
408 format that is compatible with department software and meets
409 technical specifications provided by the department or in an
410 electronic format determined by the utility industry to be in
411 accordance with industry standards. The department may by
412 written agreement make exceptions to the electronic format
413 requirement.
414 (d) As-built plans must be submitted before any costs may
415 be reimbursed by the authority under subsection (2).
416 (4)(3)(a) Because of the unique circumstances applicable to
417 providers of communications services, including, but not limited
418 to, the circumstances described in paragraph (e) and the fact
419 that federal and state law require the nondiscriminatory
420 treatment of providers of telecommunications services, and
421 because of the desire to promote competition among providers of
422 communications services, it is the intent of the Legislature
423 that municipalities and counties treat providers of
424 communications services in a nondiscriminatory and competitively
425 neutral manner when imposing rules or regulations governing the
426 placement or maintenance of communications facilities in the
427 public roads or rights-of-way. Rules or regulations imposed by a
428 municipality or county relating to providers of communications
429 services placing or maintaining communications facilities in its
430 roads or rights-of-way must be generally applicable to all
431 providers of communications services, taking into account the
432 distinct engineering, construction, operation, maintenance,
433 public works, and safety requirements of the provider’s
434 facilities, and, notwithstanding any other law, may not require
435 a provider of communications services to apply for or enter into
436 an individual license, franchise, or other agreement with the
437 municipality or county as a condition of placing or maintaining
438 communications facilities in its roads or rights-of-way. In
439 addition to other reasonable rules or regulations that a
440 municipality or county may adopt relating to the placement or
441 maintenance of communications facilities in its roads or rights
442 of-way under this subsection or subsection (8) (7), a
443 municipality or county may require a provider of communications
444 services that places or seeks to place facilities in its roads
445 or rights-of-way to register with the municipality or county. To
446 register, a provider of communications services may be required
447 only to provide its name; the name, address, and telephone
448 number of a contact person for the registrant; the number of the
449 registrant’s current certificate of authorization issued by the
450 Florida Public Service Commission, the Federal Communications
451 Commission, or the Department of State; a statement of whether
452 the registrant is a pass-through provider as defined in
453 subparagraph (7)(a)1. (6)(a)1.; the registrant’s federal
454 employer identification number; and any required proof of
455 insurance or self-insuring status adequate to defend and cover
456 claims. A municipality or county may not require a registrant to
457 renew a registration more frequently than every 5 years but may
458 require during this period that a registrant update the
459 registration information provided under this subsection within
460 90 days after a change in such information. A municipality or
461 county may not require the registrant to provide an inventory of
462 communications facilities, maps, locations of such facilities,
463 or other information by a registrant as a condition of
464 registration, renewal, or for any other purpose; provided,
465 however, that a municipality or county may require as part of a
466 permit application that the applicant identify at-grade
467 communications facilities within 50 feet of the proposed
468 installation location for the placement of at-grade
469 communications facilities. A municipality or county may not
470 require a provider to pay any fee, cost, or other charge for
471 registration or renewal thereof. It is the intent of the
472 Legislature that the placement, operation, maintenance,
473 upgrading, and extension of communications facilities not be
474 unreasonably interrupted or delayed through the permitting or
475 other local regulatory process. Except as provided in this
476 chapter or otherwise expressly authorized by chapter 202,
477 chapter 364, or chapter 610, a municipality or county may not
478 adopt or enforce any ordinance, regulation, or requirement as to
479 the placement or operation of communications facilities in a
480 right-of-way by a communications services provider authorized by
481 state or local law to operate in a right-of-way; regulate any
482 communications services; or impose or collect any tax, fee,
483 cost, charge, or exaction for the provision of communications
484 services over the communications services provider’s
485 communications facilities in a right-of-way.
486 (c) Any municipality or county that, as of January 1, 2019,
487 elected to require permit fees from any provider of
488 communications services that uses or occupies municipal or
489 county roads or rights-of-way pursuant to former paragraph (c)
490 or former paragraph (j), Florida Statutes 2018, may continue to
491 require and collect such fees. A municipality or county that
492 elected as of January 1, 2019, to require permit fees may elect
493 to forego such fees as provided herein. A municipality or county
494 that elected as of January 1, 2019, not to require permit fees
495 may not elect to impose permit fees. All fees authorized under
496 this paragraph must be reasonable and commensurate with the
497 direct and actual cost of the regulatory activity, including
498 issuing and processing permits, plan reviews, physical
499 inspection, and direct administrative costs; must be
500 demonstrable; and must be equitable among users of the roads or
501 rights-of-way. A fee authorized under this paragraph may not be
502 offset against the tax imposed under chapter 202; include the
503 costs of roads or rights-of-way acquisition or roads or rights
504 of-way rental; include any general administrative, management,
505 or maintenance costs of the roads or rights-of-way; or be based
506 on a percentage of the value or costs associated with the work
507 to be performed on the roads or rights-of-way. In an action to
508 recover amounts due for a fee not authorized under this
509 paragraph, the prevailing party may recover court costs and
510 attorney fees at trial and on appeal. In addition to the
511 limitations set forth in this section, a fee levied by a
512 municipality or charter county under this paragraph may not
513 exceed $100. However, permit fees may not be imposed with
514 respect to permits that may be required for service drop lines
515 not required to be noticed under s. 556.108(5) or for any
516 activity that does not require the physical disturbance of the
517 roads or rights-of-way or does not impair access to or full use
518 of the roads or rights-of-way, including, but not limited to,
519 the performance of service restoration work on existing
520 facilities, extensions of such facilities for providing
521 communications services to customers, and the placement of micro
522 wireless facilities in accordance with subparagraph (8)(e)3
523 (7)(e)3.
524 1. If a municipality or charter county elects to not
525 require permit fees, the total rate for the local communications
526 services tax as computed under s. 202.20 for that municipality
527 or charter county may be increased by ordinance or resolution by
528 an amount not to exceed a rate of 0.12 percent.
529 2. If a noncharter county elects to not require permit
530 fees, the total rate for the local communications services tax
531 as computed under s. 202.20 for that noncharter county may be
532 increased by ordinance or resolution by an amount not to exceed
533 a rate of 0.24 percent, to replace the revenue the noncharter
534 county would otherwise have received from permit fees for
535 providers of communications services.
536 (g) A municipality or county may not use its authority over
537 the placement of facilities in its roads and rights-of-way as a
538 basis for asserting or exercising regulatory control over a
539 provider of communications services regarding matters within the
540 exclusive jurisdiction of the Florida Public Service Commission
541 or the Federal Communications Commission, including, but not
542 limited to, the operations, systems, equipment, technology,
543 qualifications, services, service quality, service territory,
544 and prices of a provider of communications services. A
545 municipality or county may not require any permit for the
546 maintenance, repair, replacement, extension, or upgrade of
547 existing aerial wireline communications facilities on utility
548 poles or for aerial wireline facilities between existing
549 wireline communications facility attachments on utility poles by
550 a communications services provider. However, a municipality or
551 county may require a right-of-way permit for work that involves
552 excavation, closure of a sidewalk, or closure of a vehicular
553 lane or parking lane, unless the provider is performing service
554 restoration to existing facilities. A permit application
555 required by an authority under this section for the placement of
556 communications facilities must be processed and acted upon
557 consistent with the timeframes provided in subparagraphs
558 (8)(d)7., 8., and 9 (7)(d)7., 8., and 9. In addition, a
559 municipality or county may not require any permit or other
560 approval, fee, charge, or cost, or other exaction for the
561 maintenance, repair, replacement, extension, or upgrade of
562 existing aerial lines or underground communications facilities
563 located on private property outside of the public rights-of-way.
564 As used in this section, the term “extension of existing
565 facilities” includes those extensions from the rights-of-way
566 into a customer’s private property for purposes of placing a
567 service drop or those extensions from the rights-of-way into a
568 utility easement to provide service to a discrete identifiable
569 customer or group of customers.
570 (6)(5) This section, except subsections (1) and (2) and
571 paragraph (4)(g) (3)(g), does not apply to the provision of pay
572 telephone service on public, municipal, or county roads or
573 rights-of-way.
574 (7)(6)
575 (e) This subsection does not alter any provision of this
576 section or s. 202.24 relating to taxes, fees, or other charges
577 or impositions by a municipality or county on a dealer of
578 communications services or authorize that any charges be
579 assessed on a dealer of communications services, except as
580 specifically set forth herein. A municipality or county may not
581 charge a pass-through provider any amounts other than the
582 charges under this subsection as a condition to the placement or
583 maintenance of a communications facility in the roads or rights
584 of-way of a municipality or county by a pass-through provider,
585 except that a municipality or county may impose permit fees on a
586 pass-through provider consistent with paragraph (4)(c) (3)(c).
587 (8)(7)
588 (d) An authority may require a registration process and
589 permit fees in accordance with subsection (4) (3). An authority
590 shall accept applications for permits and shall process and
591 issue permits subject to the following requirements:
592 1. An authority may not directly or indirectly require an
593 applicant to perform services unrelated to the collocation for
594 which approval is sought, such as in-kind contributions to the
595 authority, including reserving fiber, conduit, or pole space for
596 the authority.
597 2. An applicant may not be required to provide more
598 information to obtain a permit than is necessary to demonstrate
599 the applicant’s compliance with applicable codes for the
600 placement of small wireless facilities in the locations
601 identified in the application. An applicant may not be required
602 to provide inventories, maps, or locations of communications
603 facilities in the right-of-way other than as necessary to avoid
604 interference with other at-grade or aerial facilities located at
605 the specific location proposed for a small wireless facility or
606 within 50 feet of such location.
607 3. An authority may not:
608 a. Require the placement of small wireless facilities on
609 any specific utility pole or category of poles;
610 b. Require the placement of multiple antenna systems on a
611 single utility pole;
612 c. Require a demonstration that collocation of a small
613 wireless facility on an existing structure is not legally or
614 technically possible as a condition for granting a permit for
615 the collocation of a small wireless facility on a new utility
616 pole except as provided in paragraph (i);
617 d. Require compliance with an authority’s provisions
618 regarding placement of small wireless facilities or a new
619 utility pole used to support a small wireless facility in
620 rights-of-way under the control of the department unless the
621 authority has received a delegation from the department for the
622 location of the small wireless facility or utility pole, or
623 require such compliance as a condition to receive a permit that
624 is ancillary to the permit for collocation of a small wireless
625 facility, including an electrical permit;
626 e. Require a meeting before filing an application;
627 f. Require direct or indirect public notification or a
628 public meeting for the placement of communication facilities in
629 the right-of-way;
630 g. Limit the size or configuration of a small wireless
631 facility or any of its components, if the small wireless
632 facility complies with the size limits in this subsection;
633 h. Prohibit the installation of a new utility pole used to
634 support the collocation of a small wireless facility if the
635 installation otherwise meets the requirements of this
636 subsection; or
637 i. Require that any component of a small wireless facility
638 be placed underground except as provided in paragraph (i).
639 4. Subject to paragraph (r), an authority may not limit the
640 placement, by minimum separation distances, of small wireless
641 facilities, utility poles on which small wireless facilities are
642 or will be collocated, or other at-grade communications
643 facilities. However, within 14 days after the date of filing the
644 application, an authority may request that the proposed location
645 of a small wireless facility be moved to another location in the
646 right-of-way and placed on an alternative authority utility pole
647 or support structure or placed on a new utility pole. The
648 authority and the applicant may negotiate the alternative
649 location, including any objective design standards and
650 reasonable spacing requirements for ground-based equipment, for
651 30 days after the date of the request. At the conclusion of the
652 negotiation period, if the alternative location is accepted by
653 the applicant, the applicant must notify the authority of such
654 acceptance and the application shall be deemed granted for any
655 new location for which there is agreement and all other
656 locations in the application. If an agreement is not reached,
657 the applicant must notify the authority of such nonagreement and
658 the authority must grant or deny the original application within
659 90 days after the date the application was filed. A request for
660 an alternative location, an acceptance of an alternative
661 location, or a rejection of an alternative location must be in
662 writing and provided by electronic mail.
663 5. An authority shall limit the height of a small wireless
664 facility to 10 feet above the utility pole or structure upon
665 which the small wireless facility is to be collocated. Unless
666 waived by an authority, the height for a new utility pole is
667 limited to the tallest existing utility pole as of July 1, 2017,
668 located in the same right-of-way, other than a utility pole for
669 which a waiver has previously been granted, measured from grade
670 in place within 500 feet of the proposed location of the small
671 wireless facility. If there is no utility pole within 500 feet,
672 the authority shall limit the height of the utility pole to 50
673 feet.
674 6. The installation by a communications services provider
675 of a utility pole in the public rights-of-way, other than a
676 utility pole used to support a small wireless facility, is
677 subject to authority rules or regulations governing the
678 placement of utility poles in the public rights-of-way.
679 7. Within 14 days after receiving an application, an
680 authority must determine and notify the applicant by electronic
681 mail as to whether the application is complete. If an
682 application is deemed incomplete, the authority must
683 specifically identify the missing information. An application is
684 deemed complete if the authority fails to provide notification
685 to the applicant within 14 days.
686 8. An application must be processed on a nondiscriminatory
687 basis. A complete application is deemed approved if an authority
688 fails to approve or deny the application within 60 days after
689 receipt of the application. If an authority does not use the 30
690 day negotiation period provided in subparagraph 4., the parties
691 may mutually agree to extend the 60-day application review
692 period. The authority shall grant or deny the application at the
693 end of the extended period. A permit issued pursuant to an
694 approved application shall remain effective for 1 year unless
695 extended by the authority.
696 9. An authority must notify the applicant of approval or
697 denial by electronic mail. An authority shall approve a complete
698 application unless it does not meet the authority’s applicable
699 codes. If the application is denied, the authority must specify
700 in writing the basis for denial, including the specific code
701 provisions on which the denial was based, and send the
702 documentation to the applicant by electronic mail on the day the
703 authority denies the application. The applicant may cure the
704 deficiencies identified by the authority and resubmit the
705 application within 30 days after notice of the denial is sent to
706 the applicant. The authority shall approve or deny the revised
707 application within 30 days after receipt or the application is
708 deemed approved. The review of a revised application is limited
709 to the deficiencies cited in the denial. If an authority
710 provides for administrative review of the denial of an
711 application, the review must be complete and a written decision
712 issued within 45 days after a written request for review is
713 made. A denial must identify the specific code provisions on
714 which the denial is based. If the administrative review is not
715 complete within 45 days, the authority waives any claim
716 regarding failure to exhaust administrative remedies in any
717 judicial review of the denial of an application.
718 10. An applicant seeking to collocate small wireless
719 facilities within the jurisdiction of a single authority may, at
720 the applicant’s discretion, file a consolidated application and
721 receive a single permit for the collocation of up to 30 small
722 wireless facilities. If the application includes multiple small
723 wireless facilities, an authority may separately address small
724 wireless facility collocations for which incomplete information
725 has been received or which are denied.
726 11. An authority may deny an application to collocate a
727 small wireless facility or place a utility pole used to support
728 a small wireless facility in the public rights-of-way if the
729 proposed small wireless facility or utility pole used to support
730 a small wireless facility:
731 a. Materially interferes with the safe operation of traffic
732 control equipment.
733 b. Materially interferes with sight lines or clear zones
734 for transportation, pedestrians, or public safety purposes.
735 c. Materially interferes with compliance with the Americans
736 with Disabilities Act or similar federal or state standards
737 regarding pedestrian access or movement.
738 d. Materially fails to comply with the 2017 edition of the
739 Florida Department of Transportation Utility Accommodation
740 Manual.
741 e. Fails to comply with applicable codes.
742 f. Fails to comply with objective design standards
743 authorized under paragraph (r).
744 12. An authority may adopt by ordinance provisions for
745 insurance coverage, indemnification, force majeure, abandonment,
746 authority liability, or authority warranties. Such provisions
747 must be reasonable and nondiscriminatory. An authority may
748 require a construction bond to secure restoration of the
749 postconstruction rights-of-way to the preconstruction condition.
750 However, such bond must be time-limited to not more than 18
751 months after the construction to which the bond applies is
752 completed. For any financial obligation required by an authority
753 allowed under this section, the authority shall accept a letter
754 of credit or similar financial instrument issued by any
755 financial institution that is authorized to do business within
756 the United States, provided that a claim against the financial
757 instrument may be made by electronic means, including by
758 facsimile. A provider of communications services may add an
759 authority to any existing bond, insurance policy, or other
760 relevant financial instrument, and the authority must accept
761 such proof of coverage without any conditions other than consent
762 to venue for purposes of any litigation to which the authority
763 is a party. An authority may not require a communications
764 services provider to indemnify it for liabilities not caused by
765 the provider, including liabilities arising from the authority’s
766 negligence, gross negligence, or willful conduct.
767 13. Collocation of a small wireless facility on an
768 authority utility pole does not provide the basis for the
769 imposition of an ad valorem tax on the authority utility pole.
770 14. An authority may reserve space on authority utility
771 poles for future public safety uses. However, a reservation of
772 space may not preclude collocation of a small wireless facility.
773 If replacement of the authority utility pole is necessary to
774 accommodate the collocation of the small wireless facility and
775 the future public safety use, the pole replacement is subject to
776 make-ready provisions and the replaced pole shall accommodate
777 the future public safety use.
778 15. A structure granted a permit and installed pursuant to
779 this subsection shall comply with chapter 333 and federal
780 regulations pertaining to airport airspace protections.
781 (n) This subsection does not affect provisions relating to
782 pass-through providers in subsection (7) (6).
783 Section 11. Present subsections (2) and (3) of section
784 337.403, Florida Statutes, are redesignated as subsections (4)
785 and (5), respectively, new subsections (2) and (3) are added to
786 that section, and subsection (1) of that section is amended, to
787 read:
788 337.403 Interference caused by utility; expenses.—
789 (1) If a utility that is placed upon, under, over, or
790 within the right-of-way limits of any public road or publicly
791 owned rail corridor is found by the authority to be unreasonably
792 interfering in any way with the convenient, safe, or continuous
793 use, or the maintenance, improvement, extension, or expansion,
794 of such public road or publicly owned rail corridor, the utility
795 owner shall, upon 30 days’ written notice to the utility or its
796 agent by the authority, initiate the work necessary to alleviate
797 the interference at its own expense except as provided in
798 paragraphs (a)-(k) (a)-(j). The work must be completed within
799 such reasonable time as stated in the notice or such time as
800 agreed to by the authority and the utility owner.
801 (a) If the relocation of utility facilities, as referred to
802 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
803 84-627, is necessitated by the construction of a project on the
804 federal-aid interstate system, including extensions thereof
805 within urban areas, and the cost of the project is eligible and
806 approved for reimbursement by the Federal Government to the
807 extent of 90 percent or more under the Federal-Aid Highway Act,
808 or any amendment thereof, then in that event the utility owning
809 or operating such facilities must shall perform any necessary
810 work upon notice from the department, and the state must shall
811 pay the entire expense properly attributable to such work after
812 deducting therefrom any increase in the value of a new facility
813 and any salvage value derived from an old facility.
814 (b) The department may reimburse up to 50 percent of the
815 costs for relocation of publicly regulated utility facilities
816 and municipally owned or county-owned utility facilities, and
817 100 percent of the costs for relocation of municipally owned or
818 county-owned utility facilities located in a rural area of
819 opportunity as defined in s. 288.0656(2), on the state highway
820 system after deducting therefrom any increase in the value of a
821 new facility and any salvage value derived from an old facility
822 upon determining that such reimbursement is in the best
823 interests of the public and necessary to expedite the
824 construction of the project and that the utility owner has
825 relocated their facility at least 5 percent ahead of the time
826 allotted for relocation per the latest approved utility
827 relocation schedule.
828 (c)(b) When a joint agreement between the department and
829 the utility is executed for utility work to be accomplished as
830 part of a contract for construction of a transportation
831 facility, the department may participate in those utility work
832 costs that exceed the department’s official estimate of the cost
833 of the work by more than 10 percent in addition to any costs
834 identified in paragraph (a). The amount of such participation is
835 limited to the difference between the official estimate of all
836 the work in the joint agreement plus 10 percent and the amount
837 awarded for this work in the construction contract for such
838 work. The department may not participate in any utility work
839 costs that occur as a result of changes or additions during the
840 course of the contract.
841 (d)(c) When an agreement between the department and utility
842 is executed for utility work to be accomplished in advance of a
843 contract for construction of a transportation facility, the
844 department may participate in the cost of clearing and grubbing
845 necessary to perform such work.
846 (e)(d) If the utility facility was initially installed to
847 exclusively serve the authority or its tenants, or both, the
848 authority must shall bear the costs of the utility work.
849 However, the authority is not responsible for the cost of
850 utility work related to any subsequent additions to that
851 facility for the purpose of serving others. For a county or
852 municipality, if such utility facility was installed in the
853 right-of-way as a means to serve a county or municipal facility
854 on a parcel of property adjacent to the right-of-way and if the
855 intended use of the county or municipal facility is for a use
856 other than transportation purposes, the obligation of the county
857 or municipality to bear the costs of the utility work extends
858 shall extend only to utility work on the parcel of property on
859 which the facility of the county or municipality originally
860 served by the utility facility is located.
861 (f)(e) If, under an agreement between a utility owner and
862 the authority entered into after July 1, 2009, the utility
863 conveys, subordinates, or relinquishes a compensable property
864 right to the authority for the purpose of accommodating the
865 acquisition or use of the right-of-way by the authority, without
866 the agreement expressly addressing future responsibility for the
867 cost of necessary utility work, the authority must shall bear
868 the cost of removal or relocation. This paragraph does not
869 impair or restrict, and may not be used to interpret, the terms
870 of any such agreement entered into before July 1, 2009.
871 (g)(f) If the utility is an electric facility being
872 relocated underground in order to enhance vehicular, bicycle,
873 and pedestrian safety and in which ownership of the electric
874 facility to be placed underground has been transferred from a
875 private to a public utility within the past 5 years, the
876 department shall incur all costs of the necessary utility work.
877 (h)(g) An authority may bear the costs of utility work
878 required to eliminate an unreasonable interference when the
879 utility is not able to establish that it has a compensable
880 property right in the particular property where the utility is
881 located if:
882 1. The utility was physically located on the particular
883 property before the authority acquired rights in the property;
884 2. The utility demonstrates that it has a compensable
885 property right in adjacent properties along the alignment of the
886 utility or, after due diligence, certifies that the utility does
887 not have evidence to prove or disprove that it has a compensable
888 property right in the particular property where the utility is
889 located; and
890 3. The information available to the authority does not
891 establish the relative priorities of the authority’s and the
892 utility’s interests in the particular property.
893 (i)(h) If a municipally owned utility or county-owned
894 utility is located in a rural area of opportunity, as defined in
895 s. 288.0656(2), and the department determines that the utility
896 owner is unable, and will not be able within the next 10 years,
897 to pay for the cost of utility work necessitated by a department
898 project on the State Highway System, the department may pay, in
899 whole or in part, the cost of such utility work performed by the
900 department or its contractor.
901 (j)(i) If the relocation of utility facilities is
902 necessitated by the construction of a commuter rail service
903 project or an intercity passenger rail service project and the
904 cost of the project is eligible and approved for reimbursement
905 by the Federal Government, then in that event the utility owning
906 or operating such facilities located by permit on a department
907 owned rail corridor must shall perform any necessary utility
908 relocation work upon notice from the department, and the
909 department must shall pay the expense properly attributable to
910 such utility relocation work in the same proportion as federal
911 funds are expended on the commuter rail service project or an
912 intercity passenger rail service project after deducting
913 therefrom any increase in the value of a new facility and any
914 salvage value derived from an old facility. In no event is shall
915 the state be required to use state dollars for such utility
916 relocation work. This paragraph does not apply to any phase of
917 the Central Florida Commuter Rail project, known as SunRail.
918 (k)(j) If a utility is lawfully located within an existing
919 and valid utility easement granted by recorded plat, regardless
920 of whether such land was subsequently acquired by the authority
921 by dedication, transfer of fee, or otherwise, the authority must
922 bear the cost of the utility work required to eliminate an
923 unreasonable interference. The authority shall pay the entire
924 expense properly attributable to such work after deducting any
925 increase in the value of a new facility and any salvage value
926 derived from an old facility.
927 (2) Before the notice to initiate the work, the department
928 and the utility owner shall follow a procedure that includes all
929 of the following:
930 (a) The department shall provide to the utility owner
931 preliminary plans for a proposed highway improvement project and
932 notice of a period that begins 30 days and ends within 120 days
933 after receipt of the notice within which the utility owner shall
934 submit to the department the plans required in accordance with
935 paragraph (b). The utility owner shall provide to the department
936 written acknowledgement of receipt of the preliminary plans.
937 (b) The utility owner shall submit to the department plans
938 showing existing and proposed locations of utility facilities
939 within the period provided by the department. If the utility
940 owner fails to submit the plans to the department within the
941 period, the department is not required to participate in the
942 work, may withhold any amount due to the utility owner on other
943 projects within the rights-of-way of the same district of the
944 department, and may withhold issuance of any other permits for
945 work within the rights-of-way of the same district of the
946 department.
947 (c) The plans submitted by the utility owner must include a
948 utility relocation schedule for approval by the department. The
949 utility relocation schedule must meet form and timeframe
950 requirements established by department rule.
951 (d) If a state of emergency is declared by the Governor,
952 the utility is entitled to receive an extension to the utility
953 relocation schedule which is at least equal to any extension
954 granted to the contractor by the department. The utility owner
955 shall notify the department of any additional delays associated
956 with causes beyond the utility owner’s control, including, but
957 not limited to, participation in recovery work under a mutual
958 aid agreement. The notification must occur within 10 calendar
959 days after commencement of the delay and provide a reasonably
960 complete description of the cause and nature of the delay and
961 the possible impacts to the utility relocation schedule. Within
962 10 calendar days after the cause of the delay ends, the utility
963 owner shall submit a revised utility relocation schedule for
964 approval by the department. The department may not unreasonably
965 withhold, delay, or condition such approval.
966 (e) If the utility owner does not initiate work in
967 accordance with the utility relocation schedule, the department
968 must provide the utility owner a final notice directing the
969 utility owner to initiate work within 10 calendar days. If the
970 utility owner does not begin work within 10 calendar days after
971 receipt of the final notice or, having so begun work, thereafter
972 fails to complete the work in accordance with the utility
973 relocation schedule, the department is not required to
974 participate in the work, may withhold any amount due to the
975 utility owner for projects within the rights-of-way of the same
976 district of the department, and may exercise its right to obtain
977 injunctive relief under s. 120.69.
978 (f) If additional utility work is found necessary after the
979 letting date of a highway improvement project, the utility must
980 provide a revised utility relocation schedule within 30 calendar
981 days after becoming aware of the need for such additional work
982 or upon receipt of the department’s written notification
983 advising of the need for such additional work. The department
984 shall review the revised utility relocation schedule for
985 compliance with the form and timeframe requirements of the
986 department and must approve the revised utility relocation
987 schedule if such requirements are met.
988 (g) The utility owner is liable to the department for
989 documented damages resulting from the utility’s failure to
990 comply with the utility relocation schedule, including any delay
991 costs incurred by the contractor and approved by the department.
992 Within 45 days after receipt of written notification from the
993 department that the utility owner is liable for damages, the
994 utility owner must pay to the department the amount for which
995 the utility owner is liable or request mediation pursuant to
996 subsection (3).
997 (3)(a) The department shall establish mediation boards to
998 resolve disputes that arise between the department and utilities
999 concerning any of the following:
1000 1. A utility relocation schedule or revised utility
1001 relocation schedule that has been submitted by the utility owner
1002 but not approved by the department.
1003 2. A contractor’s claim, approved by the department, for
1004 delay costs or other damages related to the utility’s work.
1005 3. Any matter related to the removal, relocation, or
1006 adjustment of the utility’s facilities pursuant to this section.
1007 (b) The department shall establish mediation board
1008 procedures, which must include all of the following:
1009 1. Each mediation board shall be composed of one mediator
1010 designated by the department, one mediator designated by the
1011 utility owner, and one mediator mutually selected by the
1012 department’s designee and the utility owner’s designee who shall
1013 serve as the presiding officer of the mediation board.
1014 2. The mediation board shall hold a hearing for each
1015 dispute submitted to the mediation board for resolution. The
1016 mediation board shall provide notice of the hearing to each
1017 party involved in the dispute and afford each party an
1018 opportunity to present evidence at the hearing.
1019 3. Decisions on issues presented to the mediation board
1020 must be made by a majority vote of the mediators.
1021 4. The mediation board shall issue a final decision in
1022 writing for each dispute submitted to the mediation board for
1023 resolution and shall serve a copy of the final decision on each
1024 party to the dispute.
1025 5. Final decisions of the mediation board are subject to de
1026 novo review in the Second Judicial Circuit Court in and for Leon
1027 County by way of a petition for judicial review filed by the
1028 department or the utility owner within 30 days after service of
1029 the final decision.
1030 (c) The members of the mediation board shall receive
1031 compensation for the performance of their duties from deposits
1032 made by the parties based on an estimate of compensation by the
1033 mediation board. All deposits will be held in escrow by the
1034 chair in advance of the hearing. Each member shall be
1035 compensated at $200 per hour, up to a maximum of $1,500 per day.
1036 A member shall be reimbursed for the actual cost of his or her
1037 travel expenses. The mediation board may allocate funds for
1038 clerical and other administrative services.
1039 (d) The department may establish a list of qualified
1040 mediators and adopt rules to administer this subsection,
1041 including procedures for the mediation of a contested case.
1042 Section 12. Subsection (4) of section 339.65, Florida
1043 Statutes, is amended to read:
1044 339.65 Strategic Intermodal System highway corridors.—
1045 (4) The department shall develop and maintain a plan of
1046 Strategic Intermodal System highway corridor projects that are
1047 anticipated to be let to contract for construction within a time
1048 period of at least 20 years. The department shall prioritize
1049 projects affecting gaps in a corridor so that the corridor
1050 becomes contiguous in its functional characteristics across the
1051 corridor. The plan must shall also identify when segments of the
1052 corridor will meet the standards and criteria developed pursuant
1053 to subsection (5).
1054 Section 13. Subsection (5) of section 125.42, Florida
1055 Statutes, is amended to read:
1056 125.42 Water, sewage, gas, power, telephone, other utility,
1057 and television lines within the right-of-way limits of county
1058 roads and highways.—
1059 (5) In the event of widening, repair, or reconstruction of
1060 any such road, the licensee shall move or remove such water,
1061 sewage, gas, power, telephone, and other utility lines and
1062 television lines at no cost to the county should they be found
1063 by the county to be unreasonably interfering, except as provided
1064 in s. 337.403(1)(e)-(k) s. 337.403(1)(d)-(j).
1065 Section 14. Paragraph (b) of subsection (2) of section
1066 202.20, Florida Statutes, is amended to read:
1067 202.20 Local communications services tax conversion rates.—
1068 (2)
1069 (b) Except as otherwise provided in this subsection,
1070 “replaced revenue sources,” as used in this section, means the
1071 following taxes, charges, fees, or other impositions to the
1072 extent that the respective local taxing jurisdictions were
1073 authorized to impose them prior to July 1, 2000.
1074 1. With respect to municipalities and charter counties and
1075 the taxes authorized by s. 202.19(1):
1076 a. The public service tax on telecommunications authorized
1077 by former s. 166.231(9).
1078 b. Franchise fees on cable service providers as authorized
1079 by 47 U.S.C. s. 542.
1080 c. The public service tax on prepaid calling arrangements.
1081 d. Franchise fees on dealers of communications services
1082 which use the public roads or rights-of-way, up to the limit set
1083 forth in s. 337.401. For purposes of calculating rates under
1084 this section, it is the legislative intent that charter counties
1085 be treated as having had the same authority as municipalities to
1086 impose franchise fees on recurring local telecommunication
1087 service revenues prior to July 1, 2000. However, the Legislature
1088 recognizes that the authority of charter counties to impose such
1089 fees is in dispute, and the treatment provided in this section
1090 is not an expression of legislative intent that charter counties
1091 actually do or do not possess such authority.
1092 e. Actual permit fees relating to placing or maintaining
1093 facilities in or on public roads or rights-of-way, collected
1094 from providers of long-distance, cable, and mobile
1095 communications services for the fiscal year ending September 30,
1096 1999; however, if a municipality or charter county elects the
1097 option to charge permit fees pursuant to s. 337.401(4)(c) s.
1098 337.401(3)(c), such fees shall not be included as a replaced
1099 revenue source.
1100 2. With respect to all other counties and the taxes
1101 authorized in s. 202.19(1), franchise fees on cable service
1102 providers as authorized by 47 U.S.C. s. 542.
1103 Section 15. Section 610.106, Florida Statutes, is amended
1104 to read:
1105 610.106 Franchise fees prohibited.—Except as otherwise
1106 provided in this chapter, the department may not impose any
1107 taxes, fees, charges, or other impositions on a cable or video
1108 service provider as a condition for the issuance of a state
1109 issued certificate of franchise authority. No municipality or
1110 county may impose any taxes, fees, charges, or other exactions
1111 on certificateholders in connection with use of public right-of
1112 way as a condition of a certificateholder doing business in the
1113 municipality or county, or otherwise, except such taxes, fees,
1114 charges, or other exactions permitted by chapter 202, s.
1115 337.401(7) s. 337.401(6), or s. 610.117.
1116 Section 16. (1) The Legislature finds that the widening of
1117 Interstate 4, from U.S. 27 in Polk County to Interstate 75 in
1118 Hillsborough County, is in the public interest and the strategic
1119 interest of the region to improve the movement of people and
1120 goods.
1121 (2) The Department of Transportation shall develop a report
1122 on widening Interstate 4, from U.S. 27 in Polk County to
1123 Interstate 75 in Hillsborough County, as efficiently as possible
1124 which includes, but is not limited to, detailed cost projections
1125 and schedules for project development and environmental studies,
1126 design, acquisition of rights-of-way, and construction. The
1127 report must identify funding shortfalls and provide strategies
1128 to address such shortfalls, including, but not limited to, the
1129 use of express lanes toll revenues generated on the Interstate 4
1130 corridor and available department funds for public-private
1131 partnerships. The Department of Transportation shall submit the
1132 report by December 31, 2025, to the Governor, the President of
1133 the Senate, and the Speaker of the House of Representatives.
1134 Section 17. This act shall take effect July 1, 2025.
1135
1136 ================= T I T L E A M E N D M E N T ================
1137 And the title is amended as follows:
1138 Delete everything before the enacting clause
1139 and insert:
1140 A bill to be entitled
1141 An act relating to transportation; amending s. 212.20,
1142 F.S.; requiring the Department of Revenue to
1143 distribute from the proceeds of a specified tax a
1144 specified amount monthly to the State Transportation
1145 Trust Fund beginning on a certain date; creating s.
1146 218.3215, F.S.; requiring each county to provide the
1147 Department of Transportation with uniform project
1148 data; providing requirements for such data; requiring
1149 the department to compile the data and publish it on
1150 its website; amending s. 334.044, F.S.; authorizing
1151 the department to acquire property or property rights
1152 in advance to preserve a corridor for future proposed
1153 improvements; authorizing the department to expend
1154 from the State Transportation Trust Fund a certain
1155 amount of grant funds annually to state colleges and
1156 school districts for certain construction workforce
1157 development programs; requiring that priority be given
1158 to certain colleges and school districts; creating s.
1159 334.63, F.S.; providing requirements for certain
1160 project concept studies and project development and
1161 environment studies; amending s. 337.11, F.S.;
1162 clarifying a provision related to third-party
1163 beneficiary rights; revising the bidding and award
1164 process for contracts for road construction and
1165 maintenance projects; revising the circumstances in
1166 which the department must competitively award a phased
1167 design-build contract for phase one; authorizing a
1168 design-build firm to self-perform portions of work
1169 under a contract; requiring that contracts let by the
1170 department on or after a certain date for bridge
1171 construction or maintenance over navigable waters
1172 include protection and indemnity coverage; amending s.
1173 337.1101, F.S.; prohibiting the department from
1174 creating a new contract in certain circumstances
1175 unless the contract is competitively procured;
1176 amending s. 337.14, F.S.; authorizing the department
1177 to waive contractor certification requirements for
1178 certain projects; reducing the threshold value of
1179 contracts for which the department may waive a
1180 contract bond requirement; requiring that a contractor
1181 seeking to bid on certain maintenance contracts
1182 possess certain qualifications; amending s. 337.185,
1183 F.S.; increasing the limits of claims per contract
1184 which a contractor may submit to the State Arbitration
1185 Board; limiting the period in which an arbitration
1186 request may be made for a claim related to a written
1187 warranty or defect; amending s. 337.19, F.S.; limiting
1188 the period in which a suit by or against the
1189 department may be commenced for a claim related to a
1190 written warranty or defect for a contract entered into
1191 on or after a certain date; amending s. 337.401, F.S.;
1192 revising construction; requiring that the removal or
1193 relocation of an electric utility transmission line be
1194 at the utility owner’s expense, rather than the
1195 electric utility’s expense; requiring certain entities
1196 to make underground utilities within a right-of-way
1197 electronically detectable; requiring a utility owner
1198 to pay the authority actual damages in certain
1199 circumstances; conditioning the issuance of permits
1200 for certain utility placements on the payment of
1201 certain costs; defining the term “as-built plans”;
1202 providing submission requirements for as-built plans;
1203 requiring the submission of as-built plans before
1204 reimbursement of certain costs; amending s. 337.403,
1205 F.S.; authorizing the department to reimburse a
1206 certain percentage of costs for relocation of certain
1207 utility facilities; revising the costs considered in
1208 determining whether the department may participate in
1209 utility work costs; revising the agreements under
1210 which the authority must bear the cost of utility
1211 removal or relocation; revising a determination that,
1212 if made by the department, authorizes the department
1213 to pay the cost of certain utility work; requiring the
1214 department and a utility owner to adhere to certain
1215 rules and procedures before the notice to initiate
1216 work; requiring the department to provide to a utility
1217 owner preliminary plans and certain notice; requiring
1218 the utility owner to submit certain plans to the
1219 department; authorizing the department to withhold
1220 certain amounts due to a utility owner and the
1221 issuance of certain work permits under certain
1222 circumstances; requiring that the plans include a
1223 utility relocation schedule; providing for extensions
1224 and revisions to a utility relocation schedule in
1225 certain circumstances; providing that a utility owner
1226 is liable to the department for certain damages;
1227 requiring the department to establish mediation boards
1228 to resolve certain disputes between the department and
1229 a utility; providing mediation board requirements and
1230 procedures; providing for compensation of members of
1231 the mediation board; authorizing rulemaking; amending
1232 s. 339.65, F.S.; requiring the department to
1233 prioritize certain Strategic Intermodal System highway
1234 corridor projects; amending ss. 125.42, 202.20, and
1235 610.106, F.S.; conforming cross-references; providing
1236 a legislative finding; requiring the department to
1237 develop a report on widening Interstate 4; providing
1238 requirements for the report; requiring the department
1239 to submit the report to the Governor and the
1240 Legislature by a specified date; providing an
1241 effective date.