Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 462
       
       
       
       
       
       
                                Ì869842DÎ869842                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  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 provide to the Department of
    9  Transportation all of the following information, by county
   10  fiscal year, for surtax revenues received pursuant to s.
   11  212.055(1):
   12         (a) Total proceeds from the surtax received by the county.
   13         (b)The amount allocated by the county to road and bridge
   14  projects. The Department of Transportation shall define broad
   15  categories, such as widening, repair and rehabilitation, or
   16  sidewalks, for reporting this information. This information must
   17  be reported as a total by category and by revenue source by
   18  category.
   19         (c)The total expenditure on road and bridge projects by
   20  category.
   21         (d)The unexpended balances of funds allocated to road and
   22  bridge projects by category.
   23         (e)A list of current road and bridge projects, including
   24  the project cost, location, and scope.
   25         (f)The amount allocated by the county to all other
   26  permissible uses of the proceeds from the surtax, excluding road
   27  and bridge projects.
   28         (2) The Department of Transportation shall adopt a uniform
   29  method, including the format, for counties to report the
   30  information. The Department of Transportation shall compile the
   31  information into a report, which must be published on the
   32  Department of Transportation’s website.
   33         Section 2. Subsection (2) of section 316.183, Florida
   34  Statutes, is amended to read:
   35         316.183 Unlawful speed.—
   36         (2) On all streets or highways, the maximum speed limits
   37  for all vehicles must be 30 miles per hour in business or
   38  residence districts, and 55 miles per hour at any time at all
   39  other locations. However, with respect to a residence district,
   40  a county or municipality may set a maximum speed limit of 20 or
   41  25 miles per hour on local streets and highways after an
   42  investigation determines that such a limit is reasonable. It is
   43  not necessary to conduct a separate investigation for each
   44  residence district. The Department of Transportation shall
   45  determine the safe and advisable minimum speed limit on all
   46  highways that comprise a part of the National System of
   47  Interstate and Defense Highways and have at least not fewer than
   48  four lanes is 40 miles per hour, except that when the posted
   49  speed limit is 70 miles per hour, the minimum speed limit is 50
   50  miles per hour.
   51         Section 3. Subsection (2) of section 316.187, Florida
   52  Statutes, is amended to read:
   53         316.187 Establishment of state speed zones.—
   54         (2)(a) The maximum allowable speed limit on limited access
   55  highways is 75 70 miles per hour.
   56         (b) The maximum allowable speed limit on any other highway
   57  that which is outside an urban area of 5,000 or more persons and
   58  that which has at least four lanes divided by a median strip is
   59  70 65 miles per hour.
   60         (c) The Department of Transportation is authorized to set
   61  such maximum and minimum speed limits for travel over other
   62  roadways under its authority as it deems safe and advisable, not
   63  to exceed as a maximum limit 65 60 miles per hour.
   64         Section 4. Subsections (4), (5), (7), and (8) of section
   65  332.004, Florida Statutes, are amended to read:
   66         332.004 Definitions of terms used in ss. 332.003-332.007.
   67  As used in ss. 332.003-332.007, the term:
   68         (4) “Airport or aviation development project” or
   69  “development project” means any activity associated with the
   70  design, construction, purchase, improvement, or repair of a
   71  public-use airport or portion thereof, including, but not
   72  limited to: the purchase of equipment; the acquisition of land,
   73  including land required as a condition of a federal, state, or
   74  local permit or agreement for environmental mitigation; off
   75  airport noise mitigation projects; the removal, lowering,
   76  relocation, marking, and lighting of airport hazards; the
   77  installation of navigation aids used by aircraft in landing at
   78  or taking off from a public-use public airport; the installation
   79  of safety equipment required by rule or regulation for
   80  certification of the airport under s. 612 of the Federal
   81  Aviation Act of 1958, and amendments thereto; and the
   82  improvement of access to the airport by road or rail system
   83  which is on airport property and which is consistent, to the
   84  maximum extent feasible, with the approved local government
   85  comprehensive plan of the units of local government in which the
   86  airport is located.
   87         (5) “Airport or aviation discretionary capacity improvement
   88  projects” or “discretionary capacity improvement projects” means
   89  capacity improvements which are consistent, to the maximum
   90  extent feasible, with the approved local government
   91  comprehensive plans of the units of local government in which
   92  the public-use airport is located, and which enhance
   93  intercontinental capacity at airports which:
   94         (a) Are international airports with United States Bureau of
   95  Customs and Border Protection;
   96         (b) Had one or more regularly scheduled intercontinental
   97  flights during the previous calendar year or have an agreement
   98  in writing for installation of one or more regularly scheduled
   99  intercontinental flights upon the commitment of funds for
  100  stipulated airport capital improvements; and
  101         (c) Have available or planned public ground transportation
  102  between the airport and other major transportation facilities.
  103         (7) “Eligible agency” means a political subdivision of the
  104  state or an authority, or a public-private partnership through a
  105  lease or an agreement under s. 255.065 with a political
  106  subdivision of the state or an authority, which owns or seeks to
  107  develop a public-use airport.
  108         (8) “Federal aid” means funds made available from the
  109  Federal Government for the accomplishment of public-use airport
  110  or aviation development projects.
  111         Section 5. Subsections (4) and (8) of section 332.006,
  112  Florida Statutes, are amended to read:
  113         332.006 Duties and responsibilities of the Department of
  114  Transportation.—The Department of Transportation shall, within
  115  the resources provided pursuant to chapter 216:
  116         (4) Upon request, provide financial and technical
  117  assistance to public agencies that own which operate public-use
  118  airports by making department personnel and department-owned
  119  facilities and equipment available on a cost-reimbursement basis
  120  to such agencies for special needs of limited duration. The
  121  requirement relating to reimbursement of personnel costs may be
  122  waived by the department in those cases in which the assistance
  123  provided by its personnel was of a limited nature or duration.
  124         (8) Encourage the maximum allocation of federal funds to
  125  local public-use airport projects in this state.
  126         Section 6. Paragraphs (a) and (c) of subsection (4),
  127  subsection (6), paragraphs (a) and (d) of subsection (7), and
  128  subsections (8) and (10) of section 332.007, Florida Statutes,
  129  are amended, and subsection (11) is added to that section, to
  130  read:
  131         332.007 Administration and financing of aviation and
  132  airport programs and projects; state plan.—
  133         (4)(a) The annual legislative budget request for aviation
  134  and airport development projects shall be based on the funding
  135  required for development projects in the aviation and airport
  136  work program. The department shall provide priority funding in
  137  support of the planning, design, and construction of proposed
  138  projects by local sponsors of public-use airports, with special
  139  emphasis on projects for runways and taxiways, including the
  140  painting and marking of runways and taxiways, lighting, other
  141  related airside activities, and airport access transportation
  142  facility projects on airport property.
  143         (c) No single airport shall secure airport or aviation
  144  development project funds in excess of 25 percent of the total
  145  airport or aviation development project funds available in any
  146  given budget year. However, any public-use airport which
  147  receives discretionary capacity improvement project funds in a
  148  given fiscal year shall not receive greater than 10 percent of
  149  total aviation and airport development project funds
  150  appropriated in that fiscal year.
  151         (6) Subject to the availability of appropriated funds, the
  152  department may participate in the capital cost of eligible
  153  public-use public airport and aviation development projects in
  154  accordance with the following rates, unless otherwise provided
  155  in the General Appropriations Act or the substantive bill
  156  implementing the General Appropriations Act:
  157         (a) The department may fund up to 50 percent of the portion
  158  of eligible project costs which are not funded by the Federal
  159  Government, except that the department may initially fund up to
  160  75 percent of the cost of land acquisition for a new airport or
  161  for the expansion of an existing airport which is owned and
  162  operated by a municipality, a county, or an authority, and shall
  163  be reimbursed to the normal statutory project share when federal
  164  funds become available or within 10 years after the date of
  165  acquisition, whichever is earlier. Due to federal budgeting
  166  constraints, the department may also initially fund the federal
  167  portion of eligible project costs subject to:
  168         1. The department receiving adequate assurance from the
  169  Federal Government or local sponsor that this amount will be
  170  reimbursed to the department; and
  171         2. The department having adequate funds in the work program
  172  to fund the project.
  173  
  174  Such projects must be contained in the Federal Government’s
  175  Airport Capital Improvement Program, and the Federal Government
  176  must fund, or have funded, the first year of the project.
  177         (b) The department may retroactively reimburse cities,
  178  counties, or airport authorities up to 50 percent of the
  179  nonfederal share for land acquisition when such land is needed
  180  for airport safety, expansion, tall structure control, clear
  181  zone protection, or noise impact reduction. No land purchased
  182  prior to July 1, 1990, or purchased prior to executing the
  183  required department agreements shall be eligible for
  184  reimbursement.
  185         (c) When federal funds are not available, the department
  186  may fund up to 80 percent of master planning and eligible
  187  aviation development projects at public-use publicly owned,
  188  publicly operated airports. If federal funds are available, the
  189  department may fund up to 80 percent of the nonfederal share of
  190  such projects. Such funding is limited to general aviation
  191  airports, or commercial service airports that have fewer than
  192  100,000 passenger boardings per year as determined by the
  193  Federal Aviation Administration.
  194         (d) The department is authorized to fund up to 100 percent
  195  of the cost of an eligible project that is statewide in scope or
  196  that involves more than one county where no other governmental
  197  entity or appropriate jurisdiction exists.
  198         (7) Subject to the availability of appropriated funds in
  199  addition to aviation fuel tax revenues, the department may
  200  participate in the capital cost of eligible public airport and
  201  aviation discretionary capacity improvement projects. The annual
  202  legislative budget request shall be based on the funding
  203  required for discretionary capacity improvement projects in the
  204  aviation and airport work program.
  205         (a) The department shall provide priority funding in
  206  support of:
  207         1. Land acquisition which provides additional capacity at
  208  the qualifying international airport or at that airport’s
  209  supplemental air carrier airport.
  210         2. Runway and taxiway projects that add capacity or are
  211  necessary to accommodate technological changes in the aviation
  212  industry.
  213         3. Public-use airport access transportation projects that
  214  improve direct airport access and are approved by the airport
  215  sponsor.
  216         4. International terminal projects that increase
  217  international gate capacity.
  218         (d) The department may fund up to 50 percent of the portion
  219  of eligible project costs which are not funded by the Federal
  220  Government except that the department may initially fund up to
  221  75 percent of the cost of land acquisition for a new public-use
  222  airport or for the expansion of an existing public-use airport
  223  which is owned and operated by a municipality, a county, or an
  224  authority, and shall be reimbursed to the normal statutory
  225  project share when federal funds become available or within 10
  226  years after the date of acquisition, whichever is earlier.
  227         (8) The department may also fund eligible projects
  228  performed by not-for-profit organizations that represent a
  229  majority of public airports in this state. Eligible projects may
  230  include activities associated with aviation master planning,
  231  professional education, safety and security planning, enhancing
  232  economic development and efficiency at airports in this state,
  233  or other planning efforts to improve the viability of public-use
  234  airports in this state.
  235         (10) Subject to the availability of appropriated funds, and
  236  unless otherwise provided in the General Appropriations Act or
  237  the substantive bill implementing the General Appropriations
  238  Act, the department may fund up to 100 percent of eligible
  239  project costs of all of the following at a public-use publicly
  240  owned, publicly operated airport located in a rural community as
  241  defined in s. 288.0656 which does not have any scheduled
  242  commercial service:
  243         (a) The capital cost of runway and taxiway projects that
  244  add capacity. Such projects must be prioritized based on the
  245  amount of available nonstate matching funds.
  246         (b) Economic development transportation projects pursuant
  247  to s. 339.2821.
  248  
  249  Any remaining funds must be allocated for projects specified in
  250  subsection (6).
  251         (11) Notwithstanding any other provisions of law, a
  252  municipality, a county, or an authority that owns a public-use
  253  airport may participate in the Federal Aviation Administration
  254  Airport Investment Partnership Program under federal law by
  255  contracting with a private partner to operate the airport under
  256  lease or agreement. Subject to the availability of appropriated
  257  funds from aviation fuel tax revenues, the department may
  258  provide for improvements under this section to a municipality, a
  259  county, or an authority that has a private partner under the
  260  Airport Investment Partnership Program for the capital cost of a
  261  discretionary improvement project at a public-use airport.
  262         Section 7. Subsections (6) and (35) of section 334.044,
  263  Florida Statutes, are amended to read:
  264         334.044 Powers and duties of the department.—The department
  265  shall have the following general powers and duties:
  266         (6) To acquire, by the exercise of the power of eminent
  267  domain as provided by law, all property or property rights,
  268  whether public or private, which it may determine are necessary
  269  to the performance of its duties and the execution of its
  270  powers, including, but not limited to, in advance to preserve a
  271  corridor for future proposed improvements.
  272         (35) To expend funds for provide a construction workforce
  273  development program, in consultation with affected stakeholders,
  274  for delivery of projects designated in the department’s work
  275  program. The department may annually expend up to $5 million
  276  from the State Transportation Trust Fund for fiscal years 2025
  277  2026 through 2029-2030 in grants to state colleges and school
  278  districts, with priority given to state colleges and school
  279  districts in counties that are rural communities as defined in
  280  s. 288.0656(2), for the purchase of equipment simulators with
  281  authentic original equipment manufacturer controls and a
  282  companion curriculum, for the purchase of instructional aids for
  283  use in conjunction with the equipment simulators, and to support
  284  offering an elective course in heavy civil construction which
  285  must, at a minimum, provide the student with an Occupational
  286  Safety and Health Administration 10-hour certification and a
  287  fill equipment simulator certification.
  288         Section 8. Subsections (1) and (3) of section 334.065,
  289  Florida Statutes, are amended to read:
  290         334.065 Center for Urban Transportation Research.—
  291         (1) There is established within at the University of South
  292  Florida the Florida Center for Urban Transportation Research, to
  293  be administered by the Board of Governors of the State
  294  University System. The responsibilities of the center include,
  295  but are not limited to, conducting and facilitating research on
  296  issues related to urban transportation problems in this state
  297  and serving as an information exchange and depository for the
  298  most current information pertaining to urban transportation and
  299  related issues.
  300         (3) An advisory board shall be created to periodically and
  301  objectively review and advise the center concerning its research
  302  program. Except for projects mandated by law, state-funded base
  303  projects shall not be undertaken without approval of the
  304  advisory board. The membership of the board shall be composed
  305  consist of nine experts in transportation-related areas, as
  306  follows:
  307         (a)A member appointed by the President of the Senate.
  308         (b)A member appointed by the Speaker of the House of
  309  Representatives.
  310         (c)The Secretary of Transportation, or his or her
  311  designee.
  312         (d)The Secretary of Commerce, or his or her designee.
  313  including the secretaries of the Department of Transportation,
  314  the Department of Environmental Protection, and the Department
  315  of Commerce, or their designees, and
  316         (e) A member of the Florida Transportation Commission.
  317         (f) Four members nominated The nomination of the remaining
  318  members of the board shall be made to the President of the
  319  University of South Florida by the College of Engineering at the
  320  University of South Florida and approved by the university’s
  321  president, and The appointment of these members must be reviewed
  322  and approved by the Florida Transportation Commission and
  323  confirmed by the Board of Governors.
  324         Section 9. Section 334.63, Florida Statutes, is created to
  325  read:
  326         334.63Project concept studies and project development and
  327  environment studies.—
  328         (1) Project concept studies and project development and
  329  environment studies for capacity improvement projects on limited
  330  access facilities must include the evaluation of alternatives
  331  that provide transportation capacity using elevated roadway
  332  above existing lanes.
  333         (2) Project development and environment studies for new
  334  alignment projects and capacity improvement projects must be
  335  completed to the maximum extent possible within 18 months after
  336  the date of commencement.
  337         Section 10. Subsection (4), paragraph (b) of subsection
  338  (7), and subsection (15) of section 337.11, Florida Statutes,
  339  are amended to read:
  340         337.11 Contracting authority of department; bids; emergency
  341  repairs, supplemental agreements, and change orders; combined
  342  design and construction contracts; progress payments; records;
  343  requirements of vehicle registration.—
  344         (4)(a) Except as provided in paragraph (b), the department
  345  may award the proposed construction and maintenance work to the
  346  lowest responsible bidder, or in the instance of a time-plus
  347  money contract, the lowest evaluated responsible bidder, or it
  348  may reject all bids and proceed to rebid the work in accordance
  349  with subsection (2) or otherwise perform the work.
  350         (b) Notwithstanding any other provision of law, if the
  351  department intends to reject all bids on any project after
  352  announcing, but before posting official notice of, such intent,
  353  the department must provide to the lowest responsive,
  354  responsible bidder the opportunity to negotiate the scope of
  355  work with a corresponding reduction in price, as provided in the
  356  bid, to provide a reduced bid without filing a protest or
  357  posting a bond under paragraph (5)(a). Upon reaching a decision
  358  regarding the lowest bidder’s reduced bid, the department must
  359  post notice of final agency action to either reject all bids or
  360  accept the reduced bid.
  361         (c) This subsection does not prohibit the filing of a
  362  protest by any bidder or alter the deadlines provided in s.
  363  120.57.
  364         (d) Notwithstanding the requirements of ss. 120.57(3)(c)
  365  and 287.057(25), upon receipt of a formal written protest that
  366  is timely filed, the department may continue the process
  367  provided in this subsection but may not take final agency action
  368  as to the lowest bidder except as part of the department’s final
  369  agency action in the protest or upon dismissal of the protest by
  370  the protesting party.
  371         (7)
  372         (b) If the department determines that it is in the best
  373  interests of the public, the department may combine the design
  374  and construction phases of a project fully funded in the work
  375  program into a single contract and select the design-build firm
  376  in the early stages of a project to ensure that the design-build
  377  firm is part of the collaboration and development of the design
  378  as part of a step-by-step progression through construction. Such
  379  a contract is referred to as a phased design-build contract. For
  380  phased design-build contracts, selection and award must include
  381  a two-phase process. For phase one, the department shall
  382  competitively award the contract to a design-build firm based
  383  upon qualifications, provided that the department receives at
  384  least three statements of qualifications from qualified design
  385  build firms. If during phase one the department elects to enter
  386  into contracts with more than one design-build firm based upon
  387  qualifications, the department must competitively select a
  388  single design-build firm to perform the work associated with
  389  phase two. For phase two, the design-build firm may self-perform
  390  portions of the work and shall competitively bid construction
  391  trade subcontractor packages and, based upon these bids,
  392  negotiate with the department a fixed firm price or guaranteed
  393  maximum price that meets the project budget and scope as
  394  advertised in the request for qualifications.
  395         (15) Each contract let by the department for performance of
  396  bridge construction or maintenance over navigable waters must
  397  contain a provision requiring marine general liability
  398  insurance, in an amount to be determined by the department,
  399  which covers third-party personal injury and property damage
  400  caused by vessels used by the contractor in the performance of
  401  the work. For a contract let by the department on or after July
  402  1, 2025, such insurance must include protection and indemnity
  403  coverage, which may be covered by endorsement on the marine
  404  general liability insurance policy or may be a separate policy.
  405         Section 11. Subsections (1), (2), and (8) of section
  406  337.14, Florida Statutes, are amended to read:
  407         337.14 Application for qualification; certificate of
  408  qualification; restrictions; request for hearing.—
  409         (1) Any contractor desiring to bid for the performance of
  410  any construction contract in excess of $250,000 which the
  411  department proposes to let must first be certified by the
  412  department as qualified pursuant to this section and rules of
  413  the department. The rules of the department must address the
  414  qualification of contractors to bid on construction contracts in
  415  excess of $250,000 and must include requirements with respect to
  416  the equipment, past record, experience, financial resources, and
  417  organizational personnel of the applying contractor which are
  418  necessary to perform the specific class of work for which the
  419  contractor seeks certification. Any contractor who desires to
  420  bid on contracts in excess of $50 million and who is not
  421  qualified and in good standing with the department as of January
  422  1, 2019, must first be certified by the department as qualified
  423  and must have satisfactorily completed two projects, each in
  424  excess of $15 million, for the department or for any other state
  425  department of transportation. The department may limit the
  426  dollar amount of any contract upon which a contractor is
  427  qualified to bid or the aggregate total dollar volume of
  428  contracts such contractor is allowed to have under contract at
  429  any one time. Each applying contractor seeking qualification to
  430  bid on construction contracts in excess of $250,000 shall
  431  furnish the department a statement under oath, on such forms as
  432  the department may prescribe, setting forth detailed information
  433  as required on the application. Each application for
  434  certification must be accompanied by audited, certified
  435  financial statements prepared in accordance with generally
  436  accepted accounting principles and auditing standards by a
  437  certified public accountant licensed in this state or another
  438  state. The audited, certified financial statements must be for
  439  the applying contractor and must have been prepared within the
  440  immediately preceding 12 months. The department may not consider
  441  any financial information of the parent entity of the applying
  442  contractor, if any. The department may not certify as qualified
  443  any applying contractor who fails to submit the audited,
  444  certified financial statements required by this subsection. If
  445  the application or the annual financial statement shows the
  446  financial condition of the applying contractor more than 4
  447  months before the date on which the application is received by
  448  the department, the applicant must also submit interim audited,
  449  certified financial statements prepared in accordance with
  450  generally accepted accounting principles and auditing standards
  451  by a certified public accountant licensed in this state or
  452  another state. The interim financial statements must cover the
  453  period from the end date of the annual statement and must show
  454  the financial condition of the applying contractor no more than
  455  4 months before the date that the interim financial statements
  456  are received by the department. However, upon the request of the
  457  applying contractor, an application and accompanying annual or
  458  interim financial statement received by the department within 15
  459  days after either 4-month period under this subsection shall be
  460  considered timely. An applying contractor desiring to bid
  461  exclusively for the performance of construction contracts with
  462  proposed budget estimates of less than $2 million may submit
  463  reviewed annual or reviewed interim financial statements
  464  prepared by a certified public accountant. The information
  465  required by this subsection is confidential and exempt from s.
  466  119.07(1). The department shall act upon the application for
  467  qualification within 30 days after the department determines
  468  that the application is complete. The department may waive the
  469  requirements of this subsection for push-button projects having
  470  a contract price of $1 million or less, or for nonpush-button
  471  projects having a contract price of $500,000 or less, if the
  472  department determines that the project is of a noncritical
  473  nature and the waiver will not endanger public health, safety,
  474  or property.
  475         (2) Certification is shall be necessary in order to bid on
  476  a road, bridge, or public transportation construction contract
  477  of more than $250,000. However, the successful bidder on any
  478  construction contract must furnish a contract bond before prior
  479  to the award of the contract. The department may waive the
  480  requirement for all or a portion of a contract bond for
  481  contracts of $250,000 $150,000 or less under s. 337.18(1).
  482         (8) This section does not apply to maintenance contracts.
  483  Notwithstanding any other provision of law, a contractor seeking
  484  to bid on a maintenance contract in which the majority of the
  485  work includes repair and replacement of safety appurtenances,
  486  including, but not limited to, guardrails, attenuators, traffic
  487  signals, and striping, must possess the prescribed
  488  qualifications, equipment, record, and experience to perform
  489  such repair and replacement.
  490         Section 12. Subsections (4) and (5) of section 337.185,
  491  Florida Statutes, are amended to read:
  492         337.185 State Arbitration Board.—
  493         (4) The contractor may submit a claim greater than $250,000
  494  up to $2 $1 million per contract or, upon agreement of the
  495  parties, greater than up to $2 million per contract to be
  496  arbitrated by the board. An award issued by the board pursuant
  497  to this subsection is final if a request for a trial de novo is
  498  not filed within the time provided by Rule 1.830, Florida Rules
  499  of Civil Procedure. At the trial de novo, the court may not
  500  admit evidence that there has been an arbitration proceeding,
  501  the nature or amount of the award, or any other matter
  502  concerning the conduct of the arbitration proceeding, except
  503  that testimony given in connection with at an arbitration
  504  hearing may be used for any purpose otherwise permitted by the
  505  Florida Evidence Code. If a request for trial de novo is not
  506  filed within the time provided, the award issued by the board is
  507  final and enforceable by a court of law.
  508         (5) An arbitration request may not be made to the board
  509  before final acceptance but must be made to the board within 820
  510  days after final acceptance. An arbitration request related to a
  511  warranty notice provided by the department must be made to the
  512  board within 360 days after such notice or 820 days after final
  513  acceptance, whichever is later.
  514         Section 13. Present subsection (10) of section 339.175,
  515  Florida Statutes, is redesignated as subsection (11), a new
  516  subsection (10) is added to that section, and subsection (1),
  517  paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
  518  subsection (6), and paragraphs (b) and (d) of subsection (7) of
  519  that section are amended, to read:
  520         339.175 Metropolitan planning organization.—
  521         (1) PURPOSE.—It is the intent of the Legislature to
  522  encourage and promote the safe and efficient management,
  523  operation, and development of multimodal surface transportation
  524  systems that will serve the mobility needs of people and freight
  525  and foster economic growth and development within and through
  526  urbanized areas of this state in accordance with the
  527  department’s mission statement while minimizing transportation
  528  related fuel consumption, air pollution, and greenhouse gas
  529  emissions through metropolitan transportation planning processes
  530  identified in this section. To accomplish these objectives,
  531  metropolitan planning organizations, referred to in this section
  532  as M.P.O.’s, shall develop, in cooperation with the state and
  533  public transit operators, transportation plans and programs for
  534  metropolitan areas. The plans and programs for each metropolitan
  535  area must provide for the development and integrated management
  536  and operation of transportation systems and facilities,
  537  including pedestrian walkways and bicycle transportation
  538  facilities that will function as an intermodal transportation
  539  system for the metropolitan area, based upon the prevailing
  540  principles provided in s. 334.046(1). The process for developing
  541  such plans and programs shall provide for consideration of all
  542  modes of transportation and shall be continuing, cooperative,
  543  and comprehensive, to the degree appropriate, based on the
  544  complexity of the transportation problems to be addressed. To
  545  ensure that the process is integrated with the statewide
  546  planning process, M.P.O.’s shall develop plans and programs that
  547  identify transportation facilities that should function as an
  548  integrated metropolitan transportation system, giving emphasis
  549  to facilities that serve important national, state, and regional
  550  transportation functions. For the purposes of this section,
  551  those facilities include the facilities on the Strategic
  552  Intermodal System designated under s. 339.63 and facilities for
  553  which projects have been identified pursuant to s. 339.2819(4).
  554         (2) DESIGNATION.—
  555         (a)1. An M.P.O. shall be designated for each urbanized area
  556  of the state; however, this does not require that an individual
  557  M.P.O. be designated for each such area. Such designation shall
  558  be accomplished by agreement between the Governor and units of
  559  general-purpose local government representing at least 75
  560  percent of the population of the urbanized area; however, the
  561  unit of general-purpose local government that represents the
  562  central city or cities within the M.P.O. jurisdiction, as
  563  defined by the United States Bureau of the Census, must be a
  564  party to such agreement.
  565         2. To the extent possible, only one M.P.O. shall be
  566  designated for each urbanized area or group of contiguous
  567  urbanized areas. More than one M.P.O. may be designated within
  568  an existing urbanized area only if the Governor and the existing
  569  M.P.O. determine that the size and complexity of the existing
  570  urbanized area makes the designation of more than one M.P.O. for
  571  the area appropriate. After July 1, 2025, no additional M.P.O.’s
  572  may be designated in this state except in urbanized areas, as
  573  defined by the United States Census Bureau, where the urbanized
  574  area boundary is not contiguous to an urbanized area designated
  575  before the 2020 census, in which case each M.P.O. designated for
  576  the area must:
  577         a.Consult with every other M.P.O. designated for the
  578  urbanized area and the state to coordinate plans and
  579  transportation improvement programs.
  580         b.Ensure, to the maximum extent practicable, the
  581  consistency of data used in the planning process, including data
  582  used in forecasting travel demand within the urbanized area.
  583  
  584  Each M.P.O. required under this section must be fully operative
  585  no later than 6 months following its designation.
  586         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  587  privileges, and authority of an M.P.O. are those specified in
  588  this section or incorporated in an interlocal agreement
  589  authorized under s. 163.01. Each M.P.O. shall perform all acts
  590  required by federal or state laws or rules, now and subsequently
  591  applicable, which are necessary to qualify for federal aid. It
  592  is the intent of this section that each M.P.O. be involved in
  593  the planning and programming of transportation facilities,
  594  including, but not limited to, airports, intercity and high
  595  speed rail lines, seaports, and intermodal facilities, to the
  596  extent permitted by state or federal law. An M.P.O. may not
  597  perform project production or delivery for capital improvement
  598  projects on the State Highway System.
  599         (b) In developing the long-range transportation plan and
  600  the transportation improvement program required under paragraph
  601  (a), each M.P.O. shall provide for consideration of projects and
  602  strategies that will:
  603         1. Support the economic vitality of the contiguous
  604  urbanized metropolitan area, especially by enabling global
  605  competitiveness, productivity, and efficiency.
  606         2. Increase the safety and security of the transportation
  607  system for motorized and nonmotorized users.
  608         3. Increase the accessibility and mobility options
  609  available to people and for freight.
  610         4. Protect and enhance the environment, conserve natural
  611  resources promote energy conservation, and improve quality of
  612  life.
  613         5. Enhance the integration and connectivity of the
  614  transportation system, across and between modes and contiguous
  615  urbanized metropolitan areas, for people and freight.
  616         6. Promote efficient system management and operation.
  617         7. Emphasize the preservation of the existing
  618  transportation system.
  619         8. Improve the resilience of transportation infrastructure.
  620         9.Reduce traffic and congestion.
  621         (i)By December 31, 2023, the M.P.O.’s serving
  622  Hillsborough, Pasco, and Pinellas Counties must submit a
  623  feasibility report to the Governor, the President of the Senate,
  624  and the Speaker of the House of Representatives exploring the
  625  benefits, costs, and process of consolidation into a single
  626  M.P.O. serving the contiguous urbanized area, the goal of which
  627  would be to:
  628         1.Coordinate transportation projects deemed to be
  629  regionally significant.
  630         2.Review the impact of regionally significant land use
  631  decisions on the region.
  632         3.Review all proposed regionally significant
  633  transportation projects in the transportation improvement
  634  programs.
  635         (i)1.(j)1. To more fully accomplish the purposes for which
  636  M.P.O.’s have been mandated, the department shall, at least
  637  annually, convene M.P.O.’s of similar size, based on the size of
  638  population served, for the purpose of exchanging best practices.
  639  M.P.O.’s may shall develop committees or working groups as
  640  needed to accomplish such purpose. At the discretion of the
  641  department, training for new M.P.O. governing board members
  642  shall be provided by the department, by an entity pursuant to a
  643  contract with the department, by the Florida Center for Urban
  644  Transportation Research, or by the Implementing Solutions from
  645  Transportation Research and Evaluation of Emerging Technologies
  646  (I-STREET) living lab coordination mechanisms with one another
  647  to expand and improve transportation within the state. The
  648  appropriate method of coordination between M.P.O.’s shall vary
  649  depending upon the project involved and given local and regional
  650  needs. Consequently, it is appropriate to set forth a flexible
  651  methodology that can be used by M.P.O.’s to coordinate with
  652  other M.P.O.’s and appropriate political subdivisions as
  653  circumstances demand.
  654         2. Any M.P.O. may join with any other M.P.O. or any
  655  individual political subdivision to coordinate activities or to
  656  achieve any federal or state transportation planning or
  657  development goals or purposes consistent with federal or state
  658  law. When an M.P.O. determines that it is appropriate to join
  659  with another M.P.O. or any political subdivision to coordinate
  660  activities, the M.P.O. or political subdivision shall enter into
  661  an interlocal agreement pursuant to s. 163.01, which, at a
  662  minimum, creates a separate legal or administrative entity to
  663  coordinate the transportation planning or development activities
  664  required to achieve the goal or purpose; provides the purpose
  665  for which the entity is created; provides the duration of the
  666  agreement and the entity and specifies how the agreement may be
  667  terminated, modified, or rescinded; describes the precise
  668  organization of the entity, including who has voting rights on
  669  the governing board, whether alternative voting members are
  670  provided for, how voting members are appointed, and what the
  671  relative voting strength is for each constituent M.P.O. or
  672  political subdivision; provides the manner in which the parties
  673  to the agreement will provide for the financial support of the
  674  entity and payment of costs and expenses of the entity; provides
  675  the manner in which funds may be paid to and disbursed from the
  676  entity; and provides how members of the entity will resolve
  677  disagreements regarding interpretation of the interlocal
  678  agreement or disputes relating to the operation of the entity.
  679  Such interlocal agreement shall become effective upon its
  680  recordation in the official public records of each county in
  681  which a member of the entity created by the interlocal agreement
  682  has a voting member. Multiple M.P.O.’s may merge, combine, or
  683  otherwise join together as a single M.P.O.
  684         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  685  develop a long-range transportation plan that addresses at least
  686  a 20-year planning horizon. The plan must include both long
  687  range and short-range strategies and must comply with all other
  688  state and federal requirements. The prevailing principles to be
  689  considered in the long-range transportation plan are: preserving
  690  the existing transportation infrastructure; enhancing Florida’s
  691  economic competitiveness; and improving travel choices to ensure
  692  mobility. The long-range transportation plan must be consistent,
  693  to the maximum extent feasible, with future land use elements
  694  and the goals, objectives, and policies of the approved local
  695  government comprehensive plans of the units of local government
  696  located within the jurisdiction of the M.P.O. Each M.P.O. is
  697  encouraged to consider strategies that integrate transportation
  698  and land use planning to provide for sustainable development and
  699  reduce greenhouse gas emissions. The approved long-range
  700  transportation plan must be considered by local governments in
  701  the development of the transportation elements in local
  702  government comprehensive plans and any amendments thereto. The
  703  long-range transportation plan must, at a minimum:
  704         (b) Include a financial plan that demonstrates how the plan
  705  can be implemented, indicating resources from public and private
  706  sources which are reasonably expected to be available to carry
  707  out the plan, and recommends any additional financing strategies
  708  for needed projects and programs. The financial plan may
  709  include, for illustrative purposes, additional projects that
  710  would be included in the adopted long-range transportation plan
  711  if reasonable additional resources beyond those identified in
  712  the financial plan were available. For the purpose of developing
  713  the long-range transportation plan, the M.P.O. and the
  714  department shall cooperatively develop estimates of funds that
  715  will be available to support the plan implementation. Innovative
  716  financing techniques may be used to fund needed projects and
  717  programs. Such techniques may include the assessment of tolls,
  718  public-private partnerships, the use of value capture financing,
  719  or the use of value pricing. Multiple M.P.O.’s within a
  720  contiguous urbanized area must ensure, to the maximum extent
  721  possible, the consistency of data used in the planning process.
  722         (d) Indicate, as appropriate, proposed transportation
  723  enhancement activities, including, but not limited to,
  724  pedestrian and bicycle facilities, trails or facilities that are
  725  regionally significant or critical linkages for the Florida
  726  Shared-Use Nonmotorized Trail Network, scenic easements,
  727  landscaping, integration of advanced air mobility, and
  728  integration of autonomous and electric vehicles, electric
  729  bicycles, and motorized scooters used for freight, commuter, or
  730  micromobility purposes historic preservation, mitigation of
  731  water pollution due to highway runoff, and control of outdoor
  732  advertising.
  733  
  734  In the development of its long-range transportation plan, each
  735  M.P.O. must provide the public, affected public agencies,
  736  representatives of transportation agency employees, freight
  737  shippers, providers of freight transportation services, private
  738  providers of transportation, representatives of users of public
  739  transit, and other interested parties with a reasonable
  740  opportunity to comment on the long-range transportation plan.
  741  The long-range transportation plan must be approved by the
  742  M.P.O.
  743         (10)AGREEMENTS; ACCOUNTABILITY.—
  744         (a)Each M.P.O. may execute a written agreement with the
  745  department, which shall be reviewed, and updated as necessary,
  746  every 5 years, which clearly establishes the cooperative
  747  relationship essential to accomplish the transportation planning
  748  requirements of state and federal law. Roles, responsibilities,
  749  and expectations for accomplishing consistency with federal and
  750  state requirements and priorities must be set forth in the
  751  agreement. In addition, the agreement must set forth the
  752  M.P.O.’s responsibility, in collaboration with the department,
  753  to identify, prioritize, and present to the department a
  754  complete list of multimodal transportation projects consistent
  755  with the needs of the metropolitan planning area. It is the
  756  department’s responsibility to program projects in the state
  757  transportation improvement program.
  758         (b)The department must establish, in collaboration with
  759  each M.P.O., quality performance metrics, such as safety,
  760  infrastructure condition, congestion relief, and mobility. Each
  761  M.P.O. must, as part of its long-range transportation plan, in
  762  direct coordination with the department, develop targets for
  763  each performance measure within the metropolitan planning area
  764  boundary. The performance targets must support efficient and
  765  safe movement of people and goods both within the metropolitan
  766  planning area and between regions. Each M.P.O. must report
  767  progress toward establishing performance targets for each
  768  measure annually in its transportation improvement plan. The
  769  department shall evaluate and post on its website whether each
  770  M.P.O. has made significant progress toward its target for the
  771  applicable reporting period.
  772         Section 14. Subsection (4) of section 339.65, Florida
  773  Statutes, is amended to read:
  774         339.65 Strategic Intermodal System highway corridors.—
  775         (4) The department shall develop and maintain a plan of
  776  Strategic Intermodal System highway corridor projects that are
  777  anticipated to be let to contract for construction within a time
  778  period of at least 20 years. The department shall prioritize
  779  projects affecting gaps in a corridor so that the corridor
  780  becomes contiguous in its functional characteristics across the
  781  corridor. The plan must shall also identify when segments of the
  782  corridor will meet the standards and criteria developed pursuant
  783  to subsection (5).
  784         Section 15. Section 339.85, Florida Statutes, is created to
  785  read:
  786         339.85 Next-generation traffic signal modernization
  787  program.—
  788         (1)The department shall implement a next-generation
  789  traffic signal modernization program. The program must consist
  790  of retrofitting existing traffic signals and controllers and
  791  providing a communication system for remote operations and
  792  management of such signals on the State Highway System and other
  793  road systems. Signal upgrades must be prioritized based on
  794  average annual daily traffic and the impact of adding to an
  795  existing interconnected system.
  796         (2) The program must consist of an advanced traffic
  797  management platform that uses radar-camera fusion to deliver
  798  accurate detection in all weather conditions, offering fully
  799  integrated stop bar and advance detection alongside dilemma zone
  800  and pedestrian protection. In addition to supporting time-of-day
  801  signal timing plans, the program must provide real-time traffic
  802  optimization to improve traffic flow and enhance safety. The
  803  program must comply with leading cybersecurity standards, such
  804  as SOC 2 and ISO 27001, ensuring robust data protection.
  805         (3) Beginning in the 2025-2026 fiscal year and annually
  806  thereafter for 5 years, $10 million shall be allocated from the
  807  State Transportation Trust Fund to the program. Fifty percent of
  808  such funds must be used for roads that are not a part of the
  809  State Highway System through the use of grants that require a 50
  810  percent funding match.
  811         Section 16. Paragraph (a) of subsection (3) of section
  812  348.0304, Florida Statutes, is amended to read:
  813         348.0304 Greater Miami Expressway Agency.—
  814         (3)(a) The governing body of the agency shall consist of
  815  nine voting members. Except for the district secretary of the
  816  department, each member must be a permanent resident of a county
  817  served by the agency and may not hold, or have held in the
  818  previous 2 years, elected or appointed office in such county,
  819  except that this paragraph does not apply to any initial
  820  appointment under paragraph (b) or to any member who previously
  821  served on the governing body of the former Greater Miami
  822  Expressway Agency. Each member may only serve two terms of 4
  823  years each, except that there is no restriction on the term of
  824  the department’s district secretary. Four members, each of whom
  825  must be a permanent resident of Miami-Dade County, shall be
  826  appointed by the Governor, subject to confirmation by the Senate
  827  at the next regular session of the Legislature. Refusal or
  828  failure of the Senate to confirm an appointment shall create a
  829  vacancy. Appointments made by the Governor and board of county
  830  commissioners of Miami-Dade County shall reflect the state’s
  831  interests in the transportation sector and represent the intent,
  832  duties, and purpose of the Greater Miami Expressway Agency, and
  833  have at least 3 years of professional experience in one or more
  834  of the following areas: finance; land use planning; tolling
  835  industry; or transportation engineering. Two members, who must
  836  be residents of an unincorporated portion of the geographic area
  837  described in subsection (1) and residing within 15 miles of an
  838  area with the highest amount of agency toll road roads, shall be
  839  appointed by the board of county commissioners of Miami-Dade
  840  County. Two members, who must be residents of incorporated
  841  municipalities within a county served by the agency, shall be
  842  appointed by the metropolitan planning organization for a county
  843  served by the agency. The district secretary of the department
  844  serving in the district that contains Miami-Dade County shall
  845  serve as an ex officio voting member of the governing body.
  846  
  847  ================= T I T L E  A M E N D M E N T ================
  848  And the title is amended as follows:
  849         Delete lines 2 - 101
  850  and insert:
  851         An act relating to transportation; creating s.
  852         218.3215, F.S.; requiring each county to provide
  853         certain information to the Department of
  854         Transportation; requiring the department to adopt a
  855         uniform method for counties to report such
  856         information; requiring the department to compile the
  857         information into a report and publish the report on
  858         its website; amending s. 316.183, F.S.; requiring the
  859         department to determine the safe and advisable minimum
  860         speed limit on certain highways; amending s. 316.187,
  861         F.S.; revising the maximum allowable speed limit on
  862         certain highways and roadways; amending s. 332.004,
  863         F.S.; revising definitions; amending s. 332.006, F.S.;
  864         revising duties and responsibilities of the department
  865         relating to airports; amending s. 332.007, F.S.;
  866         revising provisions relating to the administration and
  867         financing of certain aviation and airport programs and
  868         projects; authorizing certain airports to participate
  869         in a specified federal program in a certain manner;
  870         authorizing the department to provide for improvements
  871         to certain entities for the capital cost of a
  872         discretionary improvement project at a public-use
  873         airport, subject to the availability of certain funds;
  874         amending s. 334.044, F.S.; authorizing the department
  875         to acquire property or property rights in advance to
  876         preserve a corridor for future proposed improvements;
  877         authorizing the department to expend from the State
  878         Transportation Trust Fund a certain amount of grant
  879         funds annually to state colleges and school districts
  880         for certain construction workforce development
  881         programs; requiring that priority be given to certain
  882         colleges and school districts; amending s. 334.065,
  883         F.S.; deleting a provision specifying that the Florida
  884         Center for Urban Transportation Research shall be
  885         administered by the Board of Governors of the State
  886         University System; deleting a provision prohibiting
  887         the undertaking of certain projects without the
  888         approval of the Center for Urban Transportation
  889         Research advisory board; revising membership of such
  890         advisory board; creating s. 334.63, F.S.; providing
  891         requirements for certain project concept studies and
  892         project development and environment studies; amending
  893         s. 337.11, F.S.; revising the bidding and award
  894         process for contracts for road construction and
  895         maintenance projects; revising the circumstances in
  896         which the department must competitively award a phased
  897         design-build contract for phase one; requiring the
  898         department to select a single design-build firm to
  899         perform the work associated with phase two under
  900         certain circumstances; authorizing a design-build firm
  901         to self-perform portions of work under a contract;
  902         requiring that contracts let by the department on or
  903         after a certain date for bridge construction or
  904         maintenance over navigable waters include protection
  905         and indemnity coverage; amending s. 337.14, F.S.;
  906         authorizing the department to waive contractor
  907         certification requirements for certain projects;
  908         revising the threshold value of contracts for which
  909         the department may waive a contract bond requirement;
  910         requiring that a contractor seeking to bid on certain
  911         maintenance contracts possess certain qualifications;
  912         amending s. 337.185, F.S.; increasing the limits of
  913         claims per contract which a contractor may submit to
  914         the State Arbitration Board; revising the period in
  915         which an arbitration request may be made for a claim
  916         related to a warranty notice; amending s. 339.175,
  917         F.S.; revising legislative intent; revising
  918         requirements for the designation of additional
  919         metropolitan planning organizations (M.P.O.’s);
  920         revising projects and strategies to be considered in
  921         developing an M.P.O.’s long-range transportation plan
  922         and transportation improvement program; deleting
  923         obsolete provisions; requiring the department to
  924         convene M.P.O.’s of similar size to exchange best
  925         practices at least annually; authorizing M.P.O.’s to
  926         develop committees or working groups; requiring
  927         training for new M.P.O. governing board members to be
  928         provided by the department or another specified
  929         entity; deleting provisions relating to M.P.O.
  930         coordination mechanisms; including public-private
  931         partnerships in authorized financing techniques;
  932         revising proposed transportation enhancement
  933         activities that must be indicated by the long-range
  934         transportation plan; authorizing each M.P.O. to
  935         execute a written agreement with the department
  936         regarding state and federal transportation planning
  937         requirements; requiring the department, in
  938         collaboration with M.P.O.’s, to establish certain
  939         quality performance metrics and develop certain
  940         performance targets; requiring the department to
  941         evaluate and post on its website whether each M.P.O.
  942         has made significant progress toward such targets;
  943         amending s. 339.65, F.S.; requiring the department to
  944         prioritize certain Strategic Intermodal System highway
  945         corridor projects; creating s. 339.85, F.S.; requiring
  946         the department to implement a next-generation traffic
  947         signal modernization program; providing program
  948         requirements; requiring the allocation of funds from
  949         the State Transportation Trust Fund to the program;
  950         requiring that a certain percentage of such funds be
  951         used for certain roads through the use of matching
  952         grants; amending s. 348.0304, F.S.; revising
  953         membership of the governing body of the Greater Miami
  954         Expressway Agency; reenacting s.