Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 462
Ì745518<Î745518
LEGISLATIVE ACTION
Senate . House
Comm: RS .
04/09/2025 .
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The Committee on Fiscal Policy (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 115 - 1175
4 and insert:
5 Section 1. Section 218.3215, Florida Statutes, is created
6 to read:
7 218.3215 County transportation project data.—
8 (1) Each county shall annually by January 15 report to the
9 Office of Economic and Demographic Research all of the following
10 information, by county fiscal year, for surtax revenues received
11 pursuant to s. 212.055(1):
12 (a) Total proceeds from the surtax received by the county.
13 (b) The amount allocated by the county for road and bridge
14 projects. The Office of Economic and Demographic Research, in
15 consultation with the Department of Transportation, shall define
16 broad categories, including, but not limited to, widening,
17 repair and rehabilitation, sidewalks, or payment or pledge of
18 bonds for the construction of roads or bridges, for reporting
19 this information. This information must be reported as a total
20 by category and by revenue source by category.
21 (c) The total expenditure on road and bridge projects by
22 category.
23 (d) The unexpended balances of funds allocated to road and
24 bridge projects by category.
25 (e) A list of current road and bridge projects, including
26 the project cost, location, and scope.
27 (f) The amount allocated by the county to all other
28 permissible uses of the proceeds from the surtax, excluding road
29 and bridge projects and the payment or pledge of bonds for the
30 construction of roads or bridges.
31 (2) Counties shall report the information required by this
32 section in the format specified by the Office of Economic and
33 Demographic Research. The Office of Economic and Demographic
34 Research shall compile the information into a report and provide
35 the report to the President of the Senate, the Speaker of the
36 House of Representatives, and the Department of Transportation.
37 Section 2. Subsection (2) of section 316.183, Florida
38 Statutes, is amended to read:
39 316.183 Unlawful speed.—
40 (2) On all streets or highways, the maximum speed limits
41 for all vehicles must be 30 miles per hour in business or
42 residence districts, and 55 miles per hour at any time at all
43 other locations. However, with respect to a residence district,
44 a county or municipality may set a maximum speed limit of 20 or
45 25 miles per hour on local streets and highways after an
46 investigation determines that such a limit is reasonable. It is
47 not necessary to conduct a separate investigation for each
48 residence district. The Department of Transportation shall
49 determine the safe and advisable minimum speed limit on all
50 highways that comprise a part of the National System of
51 Interstate and Defense Highways and have at least not fewer than
52 four lanes is 40 miles per hour, except that when the posted
53 speed limit is 70 miles per hour, the minimum speed limit is 50
54 miles per hour.
55 Section 3. Subsection (2) of section 316.187, Florida
56 Statutes, is amended to read:
57 316.187 Establishment of state speed zones.—
58 (2)(a) The maximum allowable speed limit on limited access
59 highways is 75 70 miles per hour.
60 (b) The maximum allowable speed limit on any other highway
61 that which is outside an urban area of 5,000 or more persons and
62 that which has at least four lanes divided by a median strip is
63 70 65 miles per hour.
64 (c) The Department of Transportation is authorized to set
65 such maximum and minimum speed limits for travel over other
66 roadways under its authority as it deems safe and advisable, not
67 to exceed as a maximum limit 65 60 miles per hour.
68 Section 4. Subsections (4), (5), (7), and (8) of section
69 332.004, Florida Statutes, are amended to read:
70 332.004 Definitions of terms used in ss. 332.003-332.007.
71 As used in ss. 332.003-332.007, the term:
72 (4) “Airport or aviation development project” or
73 “development project” means any activity associated with the
74 design, construction, purchase, improvement, or repair of a
75 public-use airport or portion thereof, including, but not
76 limited to: the purchase of equipment; the acquisition of land,
77 including land required as a condition of a federal, state, or
78 local permit or agreement for environmental mitigation; off
79 airport noise mitigation projects; the removal, lowering,
80 relocation, marking, and lighting of airport hazards; the
81 installation of navigation aids used by aircraft in landing at
82 or taking off from a public-use public airport; the installation
83 of safety equipment required by rule or regulation for
84 certification of the airport under s. 612 of the Federal
85 Aviation Act of 1958, and amendments thereto; and the
86 improvement of access to the airport by road or rail system
87 which is on airport property and which is consistent, to the
88 maximum extent feasible, with the approved local government
89 comprehensive plan of the units of local government in which the
90 airport is located.
91 (5) “Airport or aviation discretionary capacity improvement
92 projects” or “discretionary capacity improvement projects” means
93 capacity improvements which are consistent, to the maximum
94 extent feasible, with the approved local government
95 comprehensive plans of the units of local government in which
96 the public-use airport is located, and which enhance
97 intercontinental capacity at airports which:
98 (a) Are international airports with United States Bureau of
99 Customs and Border Protection;
100 (b) Had one or more regularly scheduled intercontinental
101 flights during the previous calendar year or have an agreement
102 in writing for installation of one or more regularly scheduled
103 intercontinental flights upon the commitment of funds for
104 stipulated airport capital improvements; and
105 (c) Have available or planned public ground transportation
106 between the airport and other major transportation facilities.
107 (7) “Eligible agency” means a political subdivision of the
108 state or an authority, or a public-private partnership through a
109 lease or an agreement under s. 255.065 with a political
110 subdivision of the state or an authority, which owns or seeks to
111 develop a public-use airport.
112 (8) “Federal aid” means funds made available from the
113 Federal Government for the accomplishment of public-use airport
114 or aviation development projects.
115 Section 5. Subsections (4) and (8) of section 332.006,
116 Florida Statutes, are amended to read:
117 332.006 Duties and responsibilities of the Department of
118 Transportation.—The Department of Transportation shall, within
119 the resources provided pursuant to chapter 216:
120 (4) Upon request, provide financial and technical
121 assistance to public agencies that own which operate public-use
122 airports by making department personnel and department-owned
123 facilities and equipment available on a cost-reimbursement basis
124 to such agencies for special needs of limited duration. The
125 requirement relating to reimbursement of personnel costs may be
126 waived by the department in those cases in which the assistance
127 provided by its personnel was of a limited nature or duration.
128 (8) Encourage the maximum allocation of federal funds to
129 local public-use airport projects in this state.
130 Section 6. Paragraphs (a) and (c) of subsection (4),
131 subsection (6), paragraphs (a) and (d) of subsection (7), and
132 subsections (8) and (10) of section 332.007, Florida Statutes,
133 are amended, and subsection (11) is added to that section, to
134 read:
135 332.007 Administration and financing of aviation and
136 airport programs and projects; state plan.—
137 (4)(a) The annual legislative budget request for aviation
138 and airport development projects shall be based on the funding
139 required for development projects in the aviation and airport
140 work program. The department shall provide priority funding in
141 support of the planning, design, and construction of proposed
142 projects by local sponsors of public-use airports, with special
143 emphasis on projects for runways and taxiways, including the
144 painting and marking of runways and taxiways, lighting, other
145 related airside activities, and airport access transportation
146 facility projects on airport property.
147 (c) No single airport shall secure airport or aviation
148 development project funds in excess of 25 percent of the total
149 airport or aviation development project funds available in any
150 given budget year. However, any public-use airport which
151 receives discretionary capacity improvement project funds in a
152 given fiscal year shall not receive greater than 10 percent of
153 total aviation and airport development project funds
154 appropriated in that fiscal year.
155 (6) Subject to the availability of appropriated funds, the
156 department may participate in the capital cost of eligible
157 public-use public airport and aviation development projects in
158 accordance with the following rates, unless otherwise provided
159 in the General Appropriations Act or the substantive bill
160 implementing the General Appropriations Act:
161 (a) The department may fund up to 50 percent of the portion
162 of eligible project costs which are not funded by the Federal
163 Government, except that the department may initially fund up to
164 75 percent of the cost of land acquisition for a new airport or
165 for the expansion of an existing airport which is owned and
166 operated by a municipality, a county, or an authority, and shall
167 be reimbursed to the normal statutory project share when federal
168 funds become available or within 10 years after the date of
169 acquisition, whichever is earlier. Due to federal budgeting
170 constraints, the department may also initially fund the federal
171 portion of eligible project costs subject to:
172 1. The department receiving adequate assurance from the
173 Federal Government or local sponsor that this amount will be
174 reimbursed to the department; and
175 2. The department having adequate funds in the work program
176 to fund the project.
177
178 Such projects must be contained in the Federal Government’s
179 Airport Capital Improvement Program, and the Federal Government
180 must fund, or have funded, the first year of the project.
181 (b) The department may retroactively reimburse cities,
182 counties, or airport authorities up to 50 percent of the
183 nonfederal share for land acquisition when such land is needed
184 for airport safety, expansion, tall structure control, clear
185 zone protection, or noise impact reduction. No land purchased
186 prior to July 1, 1990, or purchased prior to executing the
187 required department agreements shall be eligible for
188 reimbursement.
189 (c) When federal funds are not available, the department
190 may fund up to 80 percent of master planning and eligible
191 aviation development projects at public-use publicly owned,
192 publicly operated airports. If federal funds are available, the
193 department may fund up to 80 percent of the nonfederal share of
194 such projects. Such funding is limited to general aviation
195 airports, or commercial service airports that have fewer than
196 100,000 passenger boardings per year as determined by the
197 Federal Aviation Administration.
198 (d) The department is authorized to fund up to 100 percent
199 of the cost of an eligible project that is statewide in scope or
200 that involves more than one county where no other governmental
201 entity or appropriate jurisdiction exists.
202 (7) Subject to the availability of appropriated funds in
203 addition to aviation fuel tax revenues, the department may
204 participate in the capital cost of eligible public airport and
205 aviation discretionary capacity improvement projects. The annual
206 legislative budget request shall be based on the funding
207 required for discretionary capacity improvement projects in the
208 aviation and airport work program.
209 (a) The department shall provide priority funding in
210 support of:
211 1. Land acquisition which provides additional capacity at
212 the qualifying international airport or at that airport’s
213 supplemental air carrier airport.
214 2. Runway and taxiway projects that add capacity or are
215 necessary to accommodate technological changes in the aviation
216 industry.
217 3. Public-use airport access transportation projects that
218 improve direct airport access and are approved by the airport
219 sponsor.
220 4. International terminal projects that increase
221 international gate capacity.
222 (d) The department may fund up to 50 percent of the portion
223 of eligible project costs which are not funded by the Federal
224 Government except that the department may initially fund up to
225 75 percent of the cost of land acquisition for a new public-use
226 airport or for the expansion of an existing public-use airport
227 which is owned and operated by a municipality, a county, or an
228 authority, and shall be reimbursed to the normal statutory
229 project share when federal funds become available or within 10
230 years after the date of acquisition, whichever is earlier.
231 (8) The department may also fund eligible projects
232 performed by not-for-profit organizations that represent a
233 majority of public airports in this state. Eligible projects may
234 include activities associated with aviation master planning,
235 professional education, safety and security planning, enhancing
236 economic development and efficiency at airports in this state,
237 or other planning efforts to improve the viability of public-use
238 airports in this state.
239 (10) Subject to the availability of appropriated funds, and
240 unless otherwise provided in the General Appropriations Act or
241 the substantive bill implementing the General Appropriations
242 Act, the department may fund up to 100 percent of eligible
243 project costs of all of the following at a public-use publicly
244 owned, publicly operated airport located in a rural community as
245 defined in s. 288.0656 which does not have any scheduled
246 commercial service:
247 (a) The capital cost of runway and taxiway projects that
248 add capacity. Such projects must be prioritized based on the
249 amount of available nonstate matching funds.
250 (b) Economic development transportation projects pursuant
251 to s. 339.2821.
252
253 Any remaining funds must be allocated for projects specified in
254 subsection (6).
255 (11) Notwithstanding any other provisions of law, a
256 municipality, a county, or an authority that owns a public-use
257 airport may participate in the Federal Aviation Administration
258 Airport Investment Partnership Program under federal law by
259 contracting with a private partner to operate the airport under
260 lease or agreement. Subject to the availability of appropriated
261 funds from aviation fuel tax revenues, the department may
262 provide for improvements under this section to a municipality, a
263 county, or an authority that has a private partner under the
264 Airport Investment Partnership Program for the capital cost of a
265 discretionary improvement project at a public-use airport.
266 Section 7. Section 332.136, Florida Statutes, is created to
267 read:
268 332.136 Sarasota Manatee Airport Authority; airport pilot
269 program.—
270 (1) There is established at the Sarasota Manatee Airport
271 Authority an airport pilot program. The purpose of the pilot
272 program is to determine the long-term feasibility of alternative
273 airport permitting procedures, such as those provided in ss.
274 553.80, 1013.30, 1013.33, and 1013.371.
275 (2) The department shall adopt rules as necessary to
276 implement the pilot program.
277 (3) By December 1, 2027, the department shall submit
278 recommendations to the President of the Senate and the Speaker
279 of the House of Representatives about how to expand the pilot
280 program to additional airports, amend the pilot program to
281 increase its effectiveness, or terminate the pilot program.
282 (4) This section shall stand repealed on June 30, 2028,
283 unless reviewed and saved from appeal through reenactment by the
284 Legislature.
285 Section 8. Subsections (6) and (35) of section 334.044,
286 Florida Statutes, are amended to read:
287 334.044 Powers and duties of the department.—The department
288 shall have the following general powers and duties:
289 (6) To acquire, by the exercise of the power of eminent
290 domain as provided by law, all property or property rights,
291 whether public or private, which it may determine are necessary
292 to the performance of its duties and the execution of its
293 powers, including, but not limited to, in advance to preserve a
294 corridor for future proposed improvements.
295 (35) To expend funds for provide a construction workforce
296 development program, in consultation with affected stakeholders,
297 for delivery of projects designated in the department’s work
298 program. The department may annually expend up to $5 million
299 from the State Transportation Trust Fund for fiscal years 2025
300 2026 through 2029-2030 in grants to state colleges and school
301 districts, with priority given to state colleges and school
302 districts in counties that are rural communities as defined in
303 s. 288.0656(2), for the purchase of equipment simulators with
304 authentic original equipment manufacturer controls and a
305 companion curriculum, for the purchase of instructional aids for
306 use in conjunction with the equipment simulators, and to support
307 offering an elective course in heavy civil construction which
308 must, at a minimum, provide the student with an Occupational
309 Safety and Health Administration 10-hour certification and a
310 fill equipment simulator certification.
311 Section 9. Subsections (1) and (3) of section 334.065,
312 Florida Statutes, are amended to read:
313 334.065 Center for Urban Transportation Research.—
314 (1) There is established within at the University of South
315 Florida the Florida Center for Urban Transportation Research, to
316 be administered by the Board of Governors of the State
317 University System. The responsibilities of the center include,
318 but are not limited to, conducting and facilitating research on
319 issues related to urban transportation problems in this state
320 and serving as an information exchange and depository for the
321 most current information pertaining to urban transportation and
322 related issues.
323 (3) An advisory board shall be created to periodically and
324 objectively review and advise the center concerning its research
325 program. Except for projects mandated by law, state-funded base
326 projects shall not be undertaken without approval of the
327 advisory board. The membership of the board shall be composed
328 consist of nine experts in transportation-related areas, as
329 follows:
330 (a) A member appointed by the President of the Senate.
331 (b) A member appointed by the Speaker of the House of
332 Representatives.
333 (c) The Secretary of Transportation, or his or her
334 designee.
335 (d) The Secretary of Commerce, or his or her designee.
336 including the secretaries of the Department of Transportation,
337 the Department of Environmental Protection, and the Department
338 of Commerce, or their designees, and
339 (e) A member of the Florida Transportation Commission.
340 (f) Four members nominated The nomination of the remaining
341 members of the board shall be made to the President of the
342 University of South Florida by the College of Engineering at the
343 University of South Florida and approved by the university’s
344 president, and The appointment of these members must be reviewed
345 and approved by the Florida Transportation Commission and
346 confirmed by the Board of Governors.
347 Section 10. Section 334.63, Florida Statutes, is created to
348 read:
349 334.63 Project concept studies and project development and
350 environment studies.—
351 (1) Project concept studies and project development and
352 environment studies for capacity improvement projects on limited
353 access facilities must include the evaluation of alternatives
354 that provide transportation capacity using elevated roadway
355 above existing lanes.
356 (2) Project development and environment studies for new
357 alignment projects and capacity improvement projects must be
358 completed to the maximum extent possible within 18 months after
359 the date of commencement.
360 Section 11. Subsection (4), paragraph (b) of subsection
361 (7), and subsection (15) of section 337.11, Florida Statutes,
362 are amended to read:
363 337.11 Contracting authority of department; bids; emergency
364 repairs, supplemental agreements, and change orders; combined
365 design and construction contracts; progress payments; records;
366 requirements of vehicle registration.—
367 (4)(a) Except as provided in paragraph (b), the department
368 may award the proposed construction and maintenance work to the
369 lowest responsible bidder, or in the instance of a time-plus
370 money contract, the lowest evaluated responsible bidder, or it
371 may reject all bids and proceed to rebid the work in accordance
372 with subsection (2) or otherwise perform the work.
373 (b) Notwithstanding any other provision of law, if the
374 department intends to reject all bids on any project after
375 announcing, but before posting official notice of, such intent,
376 the department must provide to the lowest responsive,
377 responsible bidder the opportunity to negotiate the scope of
378 work with a corresponding reduction in price, as provided in the
379 bid, to provide a reduced bid without filing a protest or
380 posting a bond under paragraph (5)(a). Upon reaching a decision
381 regarding the lowest bidder’s reduced bid, the department must
382 post notice of final agency action to either reject all bids or
383 accept the reduced bid.
384 (c) This subsection does not prohibit the filing of a
385 protest by any bidder or alter the deadlines provided in s.
386 120.57.
387 (d) Notwithstanding the requirements of ss. 120.57(3)(c)
388 and 287.057(25), upon receipt of a formal written protest that
389 is timely filed, the department may continue the process
390 provided in this subsection but may not take final agency action
391 as to the lowest bidder except as part of the department’s final
392 agency action in the protest or upon dismissal of the protest by
393 the protesting party.
394 (7)
395 (b) If the department determines that it is in the best
396 interests of the public, the department may combine the design
397 and construction phases of a project fully funded in the work
398 program into a single contract and select the design-build firm
399 in the early stages of a project to ensure that the design-build
400 firm is part of the collaboration and development of the design
401 as part of a step-by-step progression through construction. Such
402 a contract is referred to as a phased design-build contract. For
403 phased design-build contracts, selection and award must include
404 a two-phase process. For phase one, the department shall
405 competitively award the contract to a design-build firm based
406 upon qualifications, provided that the department receives at
407 least three statements of qualifications from qualified design
408 build firms. If during phase one the department elects to enter
409 into contracts with more than one design-build firm based upon
410 qualifications, the department must competitively select a
411 single design-build firm to perform the work associated with
412 phase two. For phase two, the design-build firm may self-perform
413 portions of the work and shall competitively bid construction
414 trade subcontractor packages and, based upon these bids,
415 negotiate with the department a fixed firm price or guaranteed
416 maximum price that meets the project budget and scope as
417 advertised in the request for qualifications.
418 (15) Each contract let by the department for performance of
419 bridge construction or maintenance over navigable waters must
420 contain a provision requiring marine general liability
421 insurance, in an amount to be determined by the department,
422 which covers third-party personal injury and property damage
423 caused by vessels used by the contractor in the performance of
424 the work. For a contract let by the department on or after July
425 1, 2025, such insurance must include protection and indemnity
426 coverage, which may be covered by endorsement on the marine
427 general liability insurance policy or may be a separate policy.
428 Section 12. Subsections (1), (2), and (8) of section
429 337.14, Florida Statutes, are amended to read:
430 337.14 Application for qualification; certificate of
431 qualification; restrictions; request for hearing.—
432 (1) Any contractor desiring to bid for the performance of
433 any construction contract in excess of $250,000 which the
434 department proposes to let must first be certified by the
435 department as qualified pursuant to this section and rules of
436 the department. The rules of the department must address the
437 qualification of contractors to bid on construction contracts in
438 excess of $250,000 and must include requirements with respect to
439 the equipment, past record, experience, financial resources, and
440 organizational personnel of the applying contractor which are
441 necessary to perform the specific class of work for which the
442 contractor seeks certification. Any contractor who desires to
443 bid on contracts in excess of $50 million and who is not
444 qualified and in good standing with the department as of January
445 1, 2019, must first be certified by the department as qualified
446 and must have satisfactorily completed two projects, each in
447 excess of $15 million, for the department or for any other state
448 department of transportation. The department may limit the
449 dollar amount of any contract upon which a contractor is
450 qualified to bid or the aggregate total dollar volume of
451 contracts such contractor is allowed to have under contract at
452 any one time. Each applying contractor seeking qualification to
453 bid on construction contracts in excess of $250,000 shall
454 furnish the department a statement under oath, on such forms as
455 the department may prescribe, setting forth detailed information
456 as required on the application. Each application for
457 certification must be accompanied by audited, certified
458 financial statements prepared in accordance with generally
459 accepted accounting principles and auditing standards by a
460 certified public accountant licensed in this state or another
461 state. The audited, certified financial statements must be for
462 the applying contractor and must have been prepared within the
463 immediately preceding 12 months. The department may not consider
464 any financial information of the parent entity of the applying
465 contractor, if any. The department may not certify as qualified
466 any applying contractor who fails to submit the audited,
467 certified financial statements required by this subsection. If
468 the application or the annual financial statement shows the
469 financial condition of the applying contractor more than 4
470 months before the date on which the application is received by
471 the department, the applicant must also submit interim audited,
472 certified financial statements prepared in accordance with
473 generally accepted accounting principles and auditing standards
474 by a certified public accountant licensed in this state or
475 another state. The interim financial statements must cover the
476 period from the end date of the annual statement and must show
477 the financial condition of the applying contractor no more than
478 4 months before the date that the interim financial statements
479 are received by the department. However, upon the request of the
480 applying contractor, an application and accompanying annual or
481 interim financial statement received by the department within 15
482 days after either 4-month period under this subsection shall be
483 considered timely. An applying contractor desiring to bid
484 exclusively for the performance of construction contracts with
485 proposed budget estimates of less than $2 million may submit
486 reviewed annual or reviewed interim financial statements
487 prepared by a certified public accountant. The information
488 required by this subsection is confidential and exempt from s.
489 119.07(1). The department shall act upon the application for
490 qualification within 30 days after the department determines
491 that the application is complete. The department may waive the
492 requirements of this subsection for push-button projects having
493 a contract price of $1 million or less, or for non-push-button
494 projects having a contract price of $500,000 or less, if the
495 department determines that the project is of a noncritical
496 nature and the waiver will not endanger public health, safety,
497 or property.
498 (2) Certification is shall be necessary in order to bid on
499 a road, bridge, or public transportation construction contract
500 of more than $250,000. However, the successful bidder on any
501 construction contract must furnish a contract bond before prior
502 to the award of the contract. The department may waive the
503 requirement for all or a portion of a contract bond for
504 contracts of $250,000 $150,000 or less under s. 337.18(1).
505 (8) This section does not apply to maintenance contracts.
506 Notwithstanding any other provision of law, a contractor seeking
507 to bid on a maintenance contract in which the majority of the
508 work includes repair and replacement of safety appurtenances,
509 including, but not limited to, guardrails, attenuators, traffic
510 signals, and striping, must possess the prescribed
511 qualifications, equipment, record, and experience to perform
512 such repair and replacement.
513 Section 13. Subsections (4) and (5) of section 337.185,
514 Florida Statutes, are amended to read:
515 337.185 State Arbitration Board.—
516 (4) The contractor may submit a claim greater than $250,000
517 up to $2 $1 million per contract or, upon agreement of the
518 parties, greater than up to $2 million per contract to be
519 arbitrated by the board. An award issued by the board pursuant
520 to this subsection is final if a request for a trial de novo is
521 not filed within the time provided by Rule 1.830, Florida Rules
522 of Civil Procedure. At the trial de novo, the court may not
523 admit evidence that there has been an arbitration proceeding,
524 the nature or amount of the award, or any other matter
525 concerning the conduct of the arbitration proceeding, except
526 that testimony given in connection with at an arbitration
527 hearing may be used for any purpose otherwise permitted by the
528 Florida Evidence Code. If a request for trial de novo is not
529 filed within the time provided, the award issued by the board is
530 final and enforceable by a court of law.
531 (5) An arbitration request may not be made to the board
532 before final acceptance but must be made to the board within 820
533 days after final acceptance. An arbitration request related to a
534 warranty notice provided by the department must be made to the
535 board within 360 days after such notice or 820 days after final
536 acceptance, whichever is later.
537 Section 14. Present subsection (10) of section 339.175,
538 Florida Statutes, is redesignated as subsection (11), a new
539 subsection (10) is added to that section, and subsection (1),
540 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
541 subsection (6), and paragraphs (b) and (d) of subsection (7) of
542 that section are amended, to read:
543 339.175 Metropolitan planning organization.—
544 (1) PURPOSE.—It is the intent of the Legislature to
545 encourage and promote the safe and efficient management,
546 operation, and development of multimodal surface transportation
547 systems that will serve the mobility needs of people and freight
548 and foster economic growth and development within and through
549 urbanized areas of this state in accordance with the
550 department’s mission statement while minimizing transportation
551 related fuel consumption, air pollution, and greenhouse gas
552 emissions through metropolitan transportation planning processes
553 identified in this section. To accomplish these objectives,
554 metropolitan planning organizations, referred to in this section
555 as M.P.O.’s, shall develop, in cooperation with the state and
556 public transit operators, transportation plans and programs for
557 metropolitan areas. The plans and programs for each metropolitan
558 area must provide for the development and integrated management
559 and operation of transportation systems and facilities,
560 including pedestrian walkways and bicycle transportation
561 facilities that will function as an intermodal transportation
562 system for the metropolitan area, based upon the prevailing
563 principles provided in s. 334.046(1). The process for developing
564 such plans and programs shall provide for consideration of all
565 modes of transportation and shall be continuing, cooperative,
566 and comprehensive, to the degree appropriate, based on the
567 complexity of the transportation problems to be addressed. To
568 ensure that the process is integrated with the statewide
569 planning process, M.P.O.’s shall develop plans and programs that
570 identify transportation facilities that should function as an
571 integrated metropolitan transportation system, giving emphasis
572 to facilities that serve important national, state, and regional
573 transportation functions. For the purposes of this section,
574 those facilities include the facilities on the Strategic
575 Intermodal System designated under s. 339.63 and facilities for
576 which projects have been identified pursuant to s. 339.2819(4).
577 (2) DESIGNATION.—
578 (a)1. An M.P.O. shall be designated for each urbanized area
579 of the state; however, this does not require that an individual
580 M.P.O. be designated for each such area. Such designation shall
581 be accomplished by agreement between the Governor and units of
582 general-purpose local government representing at least 75
583 percent of the population of the urbanized area; however, the
584 unit of general-purpose local government that represents the
585 central city or cities within the M.P.O. jurisdiction, as
586 defined by the United States Bureau of the Census, must be a
587 party to such agreement.
588 2. To the extent possible, only one M.P.O. shall be
589 designated for each urbanized area or group of contiguous
590 urbanized areas. More than one M.P.O. may be designated within
591 an existing urbanized area only if the Governor and the existing
592 M.P.O. determine that the size and complexity of the existing
593 urbanized area makes the designation of more than one M.P.O. for
594 the area appropriate. After July 1, 2025, no additional M.P.O.’s
595 may be designated in this state except in urbanized areas, as
596 defined by the United States Census Bureau, where the urbanized
597 area boundary is not contiguous to an urbanized area designated
598 before the 2020 census, in which case each M.P.O. designated for
599 the area must:
600 a. Consult with every other M.P.O. designated for the
601 urbanized area and the state to coordinate plans and
602 transportation improvement programs.
603 b. Ensure, to the maximum extent practicable, the
604 consistency of data used in the planning process, including data
605 used in forecasting travel demand within the urbanized area.
606
607 Each M.P.O. required under this section must be fully operative
608 no later than 6 months following its designation.
609 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
610 privileges, and authority of an M.P.O. are those specified in
611 this section or incorporated in an interlocal agreement
612 authorized under s. 163.01. Each M.P.O. shall perform all acts
613 required by federal or state laws or rules, now and subsequently
614 applicable, which are necessary to qualify for federal aid. It
615 is the intent of this section that each M.P.O. be involved in
616 the planning and programming of transportation facilities,
617 including, but not limited to, airports, intercity and high
618 speed rail lines, seaports, and intermodal facilities, to the
619 extent permitted by state or federal law. An M.P.O. may not
620 perform project production or delivery for capital improvement
621 projects on the State Highway System.
622 (b) In developing the long-range transportation plan and
623 the transportation improvement program required under paragraph
624 (a), each M.P.O. shall provide for consideration of projects and
625 strategies that will:
626 1. Support the economic vitality of the contiguous
627 urbanized metropolitan area, especially by enabling global
628 competitiveness, productivity, and efficiency.
629 2. Increase the safety and security of the transportation
630 system for motorized and nonmotorized users.
631 3. Increase the accessibility and mobility options
632 available to people and for freight.
633 4. Protect and enhance the environment, conserve natural
634 resources promote energy conservation, and improve quality of
635 life.
636 5. Enhance the integration and connectivity of the
637 transportation system, across and between modes and contiguous
638 urbanized metropolitan areas, for people and freight.
639 6. Promote efficient system management and operation.
640 7. Emphasize the preservation of the existing
641 transportation system.
642 8. Improve the resilience of transportation infrastructure.
643 9. Reduce traffic and congestion.
644 (i) By December 31, 2023, the M.P.O.’s serving
645 Hillsborough, Pasco, and Pinellas Counties must submit a
646 feasibility report to the Governor, the President of the Senate,
647 and the Speaker of the House of Representatives exploring the
648 benefits, costs, and process of consolidation into a single
649 M.P.O. serving the contiguous urbanized area, the goal of which
650 would be to:
651 1. Coordinate transportation projects deemed to be
652 regionally significant.
653 2. Review the impact of regionally significant land use
654 decisions on the region.
655 3. Review all proposed regionally significant
656 transportation projects in the transportation improvement
657 programs.
658 (i)1.(j)1. To more fully accomplish the purposes for which
659 M.P.O.’s have been mandated, the department shall, at least
660 annually, convene M.P.O.’s of similar size, based on the size of
661 population served, for the purpose of exchanging best practices.
662 M.P.O.’s may shall develop committees or working groups as
663 needed to accomplish such purpose. At the discretion of the
664 department, training for new M.P.O. governing board members
665 shall be provided by the department, by an entity pursuant to a
666 contract with the department, by the Florida Center for Urban
667 Transportation Research, or by the Implementing Solutions from
668 Transportation Research and Evaluation of Emerging Technologies
669 (I-STREET) living lab coordination mechanisms with one another
670 to expand and improve transportation within the state. The
671 appropriate method of coordination between M.P.O.’s shall vary
672 depending upon the project involved and given local and regional
673 needs. Consequently, it is appropriate to set forth a flexible
674 methodology that can be used by M.P.O.’s to coordinate with
675 other M.P.O.’s and appropriate political subdivisions as
676 circumstances demand.
677 2. Any M.P.O. may join with any other M.P.O. or any
678 individual political subdivision to coordinate activities or to
679 achieve any federal or state transportation planning or
680 development goals or purposes consistent with federal or state
681 law. When an M.P.O. determines that it is appropriate to join
682 with another M.P.O. or any political subdivision to coordinate
683 activities, the M.P.O. or political subdivision shall enter into
684 an interlocal agreement pursuant to s. 163.01, which, at a
685 minimum, creates a separate legal or administrative entity to
686 coordinate the transportation planning or development activities
687 required to achieve the goal or purpose; provides the purpose
688 for which the entity is created; provides the duration of the
689 agreement and the entity and specifies how the agreement may be
690 terminated, modified, or rescinded; describes the precise
691 organization of the entity, including who has voting rights on
692 the governing board, whether alternative voting members are
693 provided for, how voting members are appointed, and what the
694 relative voting strength is for each constituent M.P.O. or
695 political subdivision; provides the manner in which the parties
696 to the agreement will provide for the financial support of the
697 entity and payment of costs and expenses of the entity; provides
698 the manner in which funds may be paid to and disbursed from the
699 entity; and provides how members of the entity will resolve
700 disagreements regarding interpretation of the interlocal
701 agreement or disputes relating to the operation of the entity.
702 Such interlocal agreement shall become effective upon its
703 recordation in the official public records of each county in
704 which a member of the entity created by the interlocal agreement
705 has a voting member. Multiple M.P.O.’s may merge, combine, or
706 otherwise join together as a single M.P.O.
707 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
708 develop a long-range transportation plan that addresses at least
709 a 20-year planning horizon. The plan must include both long
710 range and short-range strategies and must comply with all other
711 state and federal requirements. The prevailing principles to be
712 considered in the long-range transportation plan are: preserving
713 the existing transportation infrastructure; enhancing Florida’s
714 economic competitiveness; and improving travel choices to ensure
715 mobility. The long-range transportation plan must be consistent,
716 to the maximum extent feasible, with future land use elements
717 and the goals, objectives, and policies of the approved local
718 government comprehensive plans of the units of local government
719 located within the jurisdiction of the M.P.O. Each M.P.O. is
720 encouraged to consider strategies that integrate transportation
721 and land use planning to provide for sustainable development and
722 reduce greenhouse gas emissions. The approved long-range
723 transportation plan must be considered by local governments in
724 the development of the transportation elements in local
725 government comprehensive plans and any amendments thereto. The
726 long-range transportation plan must, at a minimum:
727 (b) Include a financial plan that demonstrates how the plan
728 can be implemented, indicating resources from public and private
729 sources which are reasonably expected to be available to carry
730 out the plan, and recommends any additional financing strategies
731 for needed projects and programs. The financial plan may
732 include, for illustrative purposes, additional projects that
733 would be included in the adopted long-range transportation plan
734 if reasonable additional resources beyond those identified in
735 the financial plan were available. For the purpose of developing
736 the long-range transportation plan, the M.P.O. and the
737 department shall cooperatively develop estimates of funds that
738 will be available to support the plan implementation. Innovative
739 financing techniques may be used to fund needed projects and
740 programs. Such techniques may include the assessment of tolls,
741 public-private partnerships, the use of value capture financing,
742 or the use of value pricing. Multiple M.P.O.’s within a
743 contiguous urbanized area must ensure, to the maximum extent
744 possible, the consistency of data used in the planning process.
745 (d) Indicate, as appropriate, proposed transportation
746 enhancement activities, including, but not limited to,
747 pedestrian and bicycle facilities, trails or facilities that are
748 regionally significant or critical linkages for the Florida
749 Shared-Use Nonmotorized Trail Network, scenic easements,
750 landscaping, integration of advanced air mobility, and
751 integration of autonomous and electric vehicles, electric
752 bicycles, and motorized scooters used for freight, commuter, or
753 micromobility purposes historic preservation, mitigation of
754 water pollution due to highway runoff, and control of outdoor
755 advertising.
756
757 In the development of its long-range transportation plan, each
758 M.P.O. must provide the public, affected public agencies,
759 representatives of transportation agency employees, freight
760 shippers, providers of freight transportation services, private
761 providers of transportation, representatives of users of public
762 transit, and other interested parties with a reasonable
763 opportunity to comment on the long-range transportation plan.
764 The long-range transportation plan must be approved by the
765 M.P.O.
766 (10) AGREEMENTS; ACCOUNTABILITY.—
767 (a) Each M.P.O. may execute a written agreement with the
768 department, which shall be reviewed, and updated as necessary,
769 every 5 years, which clearly establishes the cooperative
770 relationship essential to accomplish the transportation planning
771 requirements of state and federal law. Roles, responsibilities,
772 and expectations for accomplishing consistency with federal and
773 state requirements and priorities must be set forth in the
774 agreement. In addition, the agreement must set forth the
775 M.P.O.’s responsibility, in collaboration with the department,
776 to identify, prioritize, and present to the department a
777 complete list of multimodal transportation projects consistent
778 with the needs of the metropolitan planning area. It is the
779 department’s responsibility to program projects in the state
780 transportation improvement program.
781 (b) The department must establish, in collaboration with
782 each M.P.O., quality performance metrics, such as safety,
783 infrastructure condition, congestion relief, and mobility. Each
784 M.P.O. must, as part of its long-range transportation plan, in
785 direct coordination with the department, develop targets for
786 each performance measure within the metropolitan planning area
787 boundary. The performance targets must support efficient and
788 safe movement of people and goods both within the metropolitan
789 planning area and between regions. Each M.P.O. must report
790 progress toward establishing performance targets for each
791 measure annually in its transportation improvement plan. The
792 department shall evaluate and post on its website whether each
793 M.P.O. has made significant progress toward its target for the
794 applicable reporting period.
795 Section 15. Subsection (4) of section 339.65, Florida
796 Statutes, is amended to read:
797 339.65 Strategic Intermodal System highway corridors.—
798 (4) The department shall develop and maintain a plan of
799 Strategic Intermodal System highway corridor projects that are
800 anticipated to be let to contract for construction within a time
801 period of at least 20 years. The department shall prioritize
802 projects affecting gaps in a corridor so that the corridor
803 becomes contiguous in its functional characteristics across the
804 corridor. The plan must shall also identify when segments of the
805 corridor will meet the standards and criteria developed pursuant
806 to subsection (5).
807 Section 16. Section 339.85, Florida Statutes, is created to
808 read:
809 339.85 Next-generation traffic signal modernization
810 program.—
811 (1) The department shall implement a next-generation
812 traffic signal modernization program. The program must consist
813 of retrofitting existing traffic signals and controllers and
814 providing a communication system for remote operations and
815 management of such signals on the State Highway System and other
816 road systems. Signal upgrades must be prioritized based on
817 average annual daily traffic and the impact of adding to an
818 existing interconnected system.
819 (2) The program must consist of an advanced traffic
820 management platform that uses radar-camera fusion to deliver
821 accurate detection in all weather conditions, offering fully
822 integrated stop bar and advance detection alongside dilemma zone
823 and pedestrian protection. In addition to supporting time-of-day
824 signal timing plans, the program must provide real-time traffic
825 optimization to improve traffic flow and enhance safety. The
826 program must comply with leading cybersecurity standards, such
827 as SOC 2 and ISO 27001, ensuring robust data protection.
828 (3) Beginning in the 2025-2026 fiscal year and annually
829 thereafter for 5 years, $10 million shall be allocated from the
830 State Transportation Trust Fund to the program. Fifty percent of
831 such funds must be used for roads that are not a part of the
832 State Highway System through the use of grants that require a 50
833 percent funding match.
834 Section 17. Paragraph (a) of subsection (3) of section
835 348.0304, Florida Statutes, is amended to read:
836 348.0304 Greater Miami Expressway Agency.—
837 (3)(a) The governing body of the agency shall consist of
838 nine voting members. Except for the district secretary of the
839 department, each member must be a permanent resident of a county
840 served by the agency and may not hold, or have held in the
841 previous 2 years, elected or appointed office in such county,
842 except that this paragraph does not apply to any initial
843 appointment under paragraph (b) or to any member who previously
844 served on the governing body of the former Greater Miami
845 Expressway Agency. Each member may only serve two terms of 4
846 years each, except that there is no restriction on the term of
847 the department’s district secretary. Four members, each of whom
848 must be a permanent resident of Miami-Dade County, shall be
849 appointed by the Governor, subject to confirmation by the Senate
850 at the next regular session of the Legislature. Refusal or
851 failure of the Senate to confirm an appointment shall create a
852 vacancy. Appointments made by the Governor and board of county
853 commissioners of Miami-Dade County shall reflect the state’s
854 interests in the transportation sector and represent the intent,
855 duties, and purpose of the Greater Miami Expressway Agency, and
856 have at least 3 years of professional experience in one or more
857 of the following areas: finance; land use planning; tolling
858 industry; or transportation engineering. Two members, who must
859 be residents of an unincorporated portion of the geographic area
860 described in subsection (1) and residing within 15 miles of an
861 area with the highest amount of agency toll road roads, shall be
862 appointed by the board of county commissioners of Miami-Dade
863 County. Two members, who must be residents of incorporated
864 municipalities within a county served by the agency, shall be
865 appointed by the metropolitan planning organization for a county
866 served by the agency. The district secretary of the department
867 serving in the district that contains Miami-Dade County shall
868 serve as an ex officio voting member of the governing body.
869
870 ================= T I T L E A M E N D M E N T ================
871 And the title is amended as follows:
872 Delete lines 2 - 101
873 and insert:
874 An act relating to transportation; creating s.
875 218.3215, F.S.; requiring counties to report certain
876 information to the Office of Economic and Demographic
877 Research annually by a specified date; requiring
878 counties to report the information in the format
879 specified by the office; requiring the office to
880 provide a certain report to the Legislature and the
881 Department of Transportation; amending s. 316.183,
882 F.S.; requiring the department to determine the safe
883 and advisable minimum speed limit on certain highways;
884 amending s. 316.187, F.S.; revising the maximum
885 allowable speed limit on certain highways and
886 roadways; amending s. 332.004, F.S.; revising
887 definitions; amending s. 332.006, F.S.; revising
888 duties and responsibilities of the department relating
889 to airports; amending s. 332.007, F.S.; revising
890 provisions relating to the administration and
891 financing of certain aviation and airport programs and
892 projects; authorizing certain airports to participate
893 in a specified federal program in a certain manner;
894 authorizing the department to provide for improvements
895 to certain entities for the capital cost of a
896 discretionary improvement project at a public-use
897 airport, subject to the availability of certain funds;
898 creating s. 332.136, F.S.; establishing an airport
899 pilot program at the Sarasota Manatee Airport
900 Authority; providing the purpose of the pilot program;
901 requiring the department to adopt rules; requiring the
902 department, by a specified date, to submit certain
903 recommendations to the Governor and the Legislature;
904 providing for the future repeal of specified
905 provisions; amending s. 334.044, F.S.; authorizing the
906 department to acquire property or property rights in
907 advance to preserve a corridor for future proposed
908 improvements; authorizing the department to expend
909 from the State Transportation Trust Fund a certain
910 amount of grant funds annually to state colleges and
911 school districts for certain construction workforce
912 development programs; requiring that priority be given
913 to certain colleges and school districts; amending s.
914 334.065, F.S.; deleting a provision specifying that
915 the Florida Center for Urban Transportation Research
916 shall be administered by the Board of Governors of the
917 State University System; deleting a provision
918 prohibiting the undertaking of certain projects
919 without the approval of the Center for Urban
920 Transportation Research advisory board; revising
921 membership of such advisory board; creating s. 334.63,
922 F.S.; providing requirements for certain project
923 concept studies and project development and
924 environment studies; amending s. 337.11, F.S.;
925 revising the bidding and award process for contracts
926 for road construction and maintenance projects;
927 revising the circumstances in which the department
928 must competitively award a phased design-build
929 contract for phase one; requiring the department to
930 select a single design-build firm to perform the work
931 associated with phase two under certain circumstances;
932 authorizing a design-build firm to self-perform
933 portions of work under a contract; requiring that
934 contracts let by the department on or after a certain
935 date for bridge construction or maintenance over
936 navigable waters include protection and indemnity
937 coverage; amending s. 337.14, F.S.; authorizing the
938 department to waive contractor certification
939 requirements for certain projects; revising the
940 threshold value of contracts for which the department
941 may waive a contract bond requirement; requiring that
942 a contractor seeking to bid on certain maintenance
943 contracts possess certain qualifications; amending s.
944 337.185, F.S.; increasing the limits of claims per
945 contract which a contractor may submit to the State
946 Arbitration Board; revising the period in which an
947 arbitration request may be made for a claim related to
948 a warranty notice; amending s. 339.175, F.S.; revising
949 legislative intent; revising requirements for the
950 designation of additional metropolitan planning
951 organizations (M.P.O.’s); revising projects and
952 strategies to be considered in developing an M.P.O.’s
953 long-range transportation plan and transportation
954 improvement program; deleting obsolete provisions;
955 requiring the department to convene M.P.O.’s of
956 similar size to exchange best practices at least
957 annually; authorizing M.P.O.’s to develop committees
958 or working groups; requiring training for new M.P.O.
959 governing board members to be provided by the
960 department or another specified entity; deleting
961 provisions relating to M.P.O. coordination mechanisms;
962 including public-private partnerships in authorized
963 financing techniques; revising proposed transportation
964 enhancement activities that must be indicated by the
965 long-range transportation plan; authorizing each
966 M.P.O. to execute a written agreement with the
967 department regarding state and federal transportation
968 planning requirements; requiring the department, in
969 collaboration with M.P.O.’s, to establish certain
970 quality performance metrics and develop certain
971 performance targets; requiring the department to
972 evaluate and post on its website whether each M.P.O.
973 has made significant progress toward such targets;
974 amending s. 339.65, F.S.; requiring the department to
975 prioritize certain Strategic Intermodal System highway
976 corridor projects; creating s. 339.85, F.S.; requiring
977 the department to implement a next-generation traffic
978 signal modernization program; providing program
979 requirements; requiring the allocation of funds from
980 the State Transportation Trust Fund to the program;
981 requiring that a certain percentage of such funds be
982 used for certain roads through the use of matching
983 grants; amending s. 348.0304, F.S.; revising
984 membership of the governing body of the Greater Miami
985 Expressway Agency; reenacting s.