Florida Senate - 2025 CS for SB 462
By the Committee on Transportation; and Senator DiCeglie
596-02596-25 2025462c1
1 A bill to be entitled
2 An act relating to transportation; amending s. 212.20,
3 F.S.; requiring the Department of Revenue to
4 distribute from the proceeds of a specified tax a
5 specified amount monthly to the State Transportation
6 Trust Fund beginning on a certain date; creating s.
7 218.3215, F.S.; requiring each county to provide the
8 Department of Transportation with uniform project
9 data; providing requirements for such data; requiring
10 the department to compile the data and publish it on
11 its website; amending s. 316.183, F.S.; requiring the
12 department to determine the safe and advisable minimum
13 speed limit on certain highways; amending s. 316.187,
14 F.S.; revising the maximum allowable speed limit on
15 certain highways and roadways; amending s. 331.3051,
16 F.S.; conforming provisions to changes made by the
17 act; amending s. 332.004, F.S.; revising definitions;
18 amending s. 332.006, F.S.; revising duties and
19 responsibilities of the department relating to
20 airports; amending s. 332.007, F.S.; revising
21 provisions relating to the administration and
22 financing of certain aviation and airport programs and
23 projects; authorizing certain airports to participate
24 in a specified federal program in a certain manner;
25 authorizing the department to provide for improvements
26 to certain entities for the capital cost of a
27 discretionary improvement project at a public-use
28 airport, subject to the availability of certain funds;
29 amending s. 334.044, F.S.; authorizing the department
30 to acquire property or property rights in advance to
31 preserve a corridor for future proposed improvements;
32 authorizing the department to expend from the State
33 Transportation Trust Fund a certain amount of grant
34 funds annually to state colleges and school districts
35 for certain construction workforce development
36 programs; requiring that priority be given to certain
37 colleges and school districts; amending s. 334.065,
38 F.S.; revising membership of the Center for Urban
39 Transportation Research advisory board; creating s.
40 334.63, F.S.; providing requirements for certain
41 project concept studies and project development and
42 environment studies; amending s. 337.11, F.S.;
43 clarifying a provision related to third-party
44 beneficiary rights; revising the bidding and award
45 process for contracts for road construction and
46 maintenance projects; revising the circumstances in
47 which the department must competitively award a phased
48 design-build contract for phase one; authorizing a
49 design-build firm to self-perform portions of work
50 under a contract; requiring that contracts let by the
51 department on or after a certain date for bridge
52 construction or maintenance over navigable waters
53 include protection and indemnity coverage; amending s.
54 337.1101, F.S.; prohibiting the department from
55 creating a new contract in certain circumstances
56 unless the contract is competitively procured;
57 amending s. 337.14, F.S.; authorizing the department
58 to waive contractor certification requirements for
59 certain projects; reducing the threshold value of
60 contracts for which the department may waive a
61 contract bond requirement; requiring that a contractor
62 seeking to bid on certain maintenance contracts
63 possess certain qualifications; amending s. 337.185,
64 F.S.; increasing the limits of claims per contract
65 which a contractor may submit to the State Arbitration
66 Board; limiting the period in which an arbitration
67 request may be made for a claim related to a written
68 warranty or defect; amending s. 337.19, F.S.; limiting
69 the period in which a suit by or against the
70 department may be commenced for a claim related to a
71 written warranty or defect for a contract entered into
72 on or after a certain date; amending s. 337.401, F.S.;
73 revising construction; requiring that the removal or
74 relocation of an electric utility transmission line be
75 at the utility owner’s expense, rather than the
76 electric utility’s expense; requiring certain entities
77 to make underground utilities within a right-of-way
78 electronically detectable; requiring a utility owner
79 to pay the authority actual damages in certain
80 circumstances; conditioning the issuance of permits
81 for certain utility placements on the payment of
82 certain costs; defining the term “as-built plans”;
83 providing submission requirements for as-built plans;
84 requiring the submission of as-built plans before
85 reimbursement of certain costs; amending s. 337.403,
86 F.S.; authorizing the department to reimburse a
87 certain percentage of costs for relocation of certain
88 utility facilities; revising the costs considered in
89 determining whether the department may participate in
90 utility work costs; revising the agreements under
91 which the authority must bear the cost of utility
92 removal or relocation; revising a determination that,
93 if made by the department, authorizes the department
94 to pay the cost of certain utility work; requiring the
95 department and a utility owner to adhere to certain
96 rules and procedures before issuance of the notice to
97 initiate work; requiring the department to provide to
98 a utility owner preliminary plans and certain notice;
99 requiring the utility owner to submit certain plans to
100 the department; authorizing the department to withhold
101 certain amounts due a utility owner and the issuance
102 of certain work permits under certain circumstances;
103 requiring that the plans include a utility relocation
104 schedule; providing for extensions and revisions to a
105 utility relocation schedule in certain circumstances;
106 providing that a utility owner is liable to the
107 department for certain damages; requiring the
108 department to establish mediation boards to resolve
109 certain disputes between the department and a utility;
110 providing mediation board requirements and procedures;
111 providing for compensation of members of the mediation
112 board; authorizing rulemaking; amending s. 339.175,
113 F.S.; revising legislative intent; revising
114 requirements for the designation of additional
115 metropolitan planning organizations (M.P.O.’s);
116 revising projects and strategies to be considered in
117 developing an M.P.O.’s long-range transportation plan
118 and transportation improvement program; deleting
119 obsolete provisions; requiring the department to
120 convene M.P.O.’s of similar size to exchange best
121 practices at least annually; authorizing M.P.O.’s to
122 develop committees or working groups; requiring
123 training for new M.P.O. governing board members to be
124 provided by the department or another specified
125 entity; deleting provisions relating to M.P.O.
126 coordination mechanisms; including public-private
127 partnerships in authorized financing techniques;
128 revising proposed transportation enhancement
129 activities that must be indicated by the long-range
130 transportation plan; authorizing each M.P.O. to
131 execute a written agreement with the department
132 regarding state and federal transportation planning
133 requirements; requiring the department, in
134 collaboration with M.P.O.’s, to establish certain
135 quality performance metrics and develop certain
136 performance targets; requiring the department to
137 evaluate and post on its website whether each M.P.O.
138 has made significant progress toward such targets;
139 deleting provisions relating to the Metropolitan
140 Planning Organization Advisory Council; amending s.
141 339.65, F.S.; requiring the department to prioritize
142 certain Strategic Intermodal System highway corridor
143 projects; amending ss. 125.42, 202.20, 331.310, and
144 610.106, F.S.; conforming cross-references; reenacting
145 s. 332.115(1), F.S., relating to joint project
146 agreements with port districts for transportation
147 corridors between airports and port facilities, to
148 incorporate the amendment made to s. 332.004, F.S., in
149 a reference thereto; providing a legislative finding;
150 requiring the department to develop a report on
151 widening Interstate 4; providing requirements for the
152 report; requiring the department to submit the report
153 to the Governor and the Legislature by a specified
154 date; providing an effective date.
155
156 Be It Enacted by the Legislature of the State of Florida:
157
158 Section 1. Paragraph (d) of subsection (6) of section
159 212.20, Florida Statutes, is amended to read:
160 212.20 Funds collected, disposition; additional powers of
161 department; operational expense; refund of taxes adjudicated
162 unconstitutionally collected.—
163 (6) Distribution of all proceeds under this chapter and ss.
164 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
165 (d) The proceeds of all other taxes and fees imposed
166 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
167 and (2)(b) shall be distributed as follows:
168 1. In any fiscal year, the greater of $500 million, minus
169 an amount equal to 4.6 percent of the proceeds of the taxes
170 collected pursuant to chapter 201, or 5.2 percent of all other
171 taxes and fees imposed pursuant to this chapter or remitted
172 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
173 monthly installments into the General Revenue Fund.
174 2. After the distribution under subparagraph 1., 8.9744
175 percent of the amount remitted by a sales tax dealer located
176 within a participating county pursuant to s. 218.61 shall be
177 transferred into the Local Government Half-cent Sales Tax
178 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
179 transferred shall be reduced by 0.1 percent, and the department
180 shall distribute this amount to the Public Employees Relations
181 Commission Trust Fund less $5,000 each month, which shall be
182 added to the amount calculated in subparagraph 3. and
183 distributed accordingly.
184 3. After the distribution under subparagraphs 1. and 2.,
185 0.0966 percent shall be transferred to the Local Government
186 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
187 to s. 218.65.
188 4. After the distributions under subparagraphs 1., 2., and
189 3., 2.0810 percent of the available proceeds shall be
190 transferred monthly to the Revenue Sharing Trust Fund for
191 Counties pursuant to s. 218.215.
192 5. After the distributions under subparagraphs 1., 2., and
193 3., 1.3653 percent of the available proceeds shall be
194 transferred monthly to the Revenue Sharing Trust Fund for
195 Municipalities pursuant to s. 218.215. If the total revenue to
196 be distributed pursuant to this subparagraph is at least as
197 great as the amount due from the Revenue Sharing Trust Fund for
198 Municipalities and the former Municipal Financial Assistance
199 Trust Fund in state fiscal year 1999-2000, no municipality shall
200 receive less than the amount due from the Revenue Sharing Trust
201 Fund for Municipalities and the former Municipal Financial
202 Assistance Trust Fund in state fiscal year 1999-2000. If the
203 total proceeds to be distributed are less than the amount
204 received in combination from the Revenue Sharing Trust Fund for
205 Municipalities and the former Municipal Financial Assistance
206 Trust Fund in state fiscal year 1999-2000, each municipality
207 shall receive an amount proportionate to the amount it was due
208 in state fiscal year 1999-2000.
209 6. Of the remaining proceeds:
210 a. In each fiscal year, the sum of $29,915,500 shall be
211 divided into as many equal parts as there are counties in the
212 state, and one part shall be distributed to each county. The
213 distribution among the several counties must begin each fiscal
214 year on or before January 5th and continue monthly for a total
215 of 4 months. If a local or special law required that any moneys
216 accruing to a county in fiscal year 1999-2000 under the then
217 existing provisions of s. 550.135 be paid directly to the
218 district school board, special district, or a municipal
219 government, such payment must continue until the local or
220 special law is amended or repealed. The state covenants with
221 holders of bonds or other instruments of indebtedness issued by
222 local governments, special districts, or district school boards
223 before July 1, 2000, that it is not the intent of this
224 subparagraph to adversely affect the rights of those holders or
225 relieve local governments, special districts, or district school
226 boards of the duty to meet their obligations as a result of
227 previous pledges or assignments or trusts entered into which
228 obligated funds received from the distribution to county
229 governments under then-existing s. 550.135. This distribution
230 specifically is in lieu of funds distributed under s. 550.135
231 before July 1, 2000.
232 b. The department shall distribute $166,667 monthly to each
233 applicant certified as a facility for a new or retained
234 professional sports franchise pursuant to s. 288.1162. Up to
235 $41,667 shall be distributed monthly by the department to each
236 certified applicant as defined in s. 288.11621 for a facility
237 for a spring training franchise. However, not more than $416,670
238 may be distributed monthly in the aggregate to all certified
239 applicants for facilities for spring training franchises.
240 Distributions begin 60 days after such certification and
241 continue for not more than 30 years, except as otherwise
242 provided in s. 288.11621. A certified applicant identified in
243 this sub-subparagraph may not receive more in distributions than
244 expended by the applicant for the public purposes provided in s.
245 288.1162(5) or s. 288.11621(3).
246 c. The department shall distribute up to $83,333 monthly to
247 each certified applicant as defined in s. 288.11631 for a
248 facility used by a single spring training franchise, or up to
249 $166,667 monthly to each certified applicant as defined in s.
250 288.11631 for a facility used by more than one spring training
251 franchise. Monthly distributions begin 60 days after such
252 certification or July 1, 2016, whichever is later, and continue
253 for not more than 20 years to each certified applicant as
254 defined in s. 288.11631 for a facility used by a single spring
255 training franchise or not more than 25 years to each certified
256 applicant as defined in s. 288.11631 for a facility used by more
257 than one spring training franchise. A certified applicant
258 identified in this sub-subparagraph may not receive more in
259 distributions than expended by the applicant for the public
260 purposes provided in s. 288.11631(3).
261 d. The department shall distribute $15,333 monthly to the
262 State Transportation Trust Fund.
263 e.(I) On or before July 25, 2021, August 25, 2021, and
264 September 25, 2021, the department shall distribute $324,533,334
265 in each of those months to the Unemployment Compensation Trust
266 Fund, less an adjustment for refunds issued from the General
267 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
268 distribution. The adjustments made by the department to the
269 total distributions shall be equal to the total refunds made
270 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
271 subtracted from any single distribution exceeds the
272 distribution, the department may not make that distribution and
273 must subtract the remaining balance from the next distribution.
274 (II) Beginning July 2022, and on or before the 25th day of
275 each month, the department shall distribute $90 million monthly
276 to the Unemployment Compensation Trust Fund.
277 (III) If the ending balance of the Unemployment
278 Compensation Trust Fund exceeds $4,071,519,600 on the last day
279 of any month, as determined from United States Department of the
280 Treasury data, the Office of Economic and Demographic Research
281 shall certify to the department that the ending balance of the
282 trust fund exceeds such amount.
283 (IV) This sub-subparagraph is repealed, and the department
284 shall end monthly distributions under sub-sub-subparagraph (II),
285 on the date the department receives certification under sub-sub
286 subparagraph (III).
287 f. Beginning July 1, 2023, in each fiscal year, the
288 department shall distribute $27.5 million to the Florida
289 Agricultural Promotional Campaign Trust Fund under s. 571.26,
290 for further distribution in accordance with s. 571.265.
291 g. To account for the impact of electric and hybrid
292 vehicles on the state highway system and the use of taxes
293 collected from motorists when charging such vehicles, beginning
294 July 2025, and reassessed every 5 fiscal years, on or before the
295 25th day of each month thereafter, of the portion of the
296 proceeds of the tax imposed under s. 212.05(1)(e)1.c., the
297 department shall distribute $4.167 million to the State
298 Transportation Trust Fund.
299 7. All other proceeds must remain in the General Revenue
300 Fund.
301 Section 2. Section 218.3215, Florida Statutes, is created
302 to read:
303 218.3215 County transportation project data.—Each county
304 shall annually provide the Department of Transportation with
305 uniform project data. The data must conform to the county’s
306 fiscal year and must include details on transportation revenues
307 by source of taxes or fees, expenditure of such revenues for
308 projects that were funded, and any unexpended balance for the
309 fiscal year. The data must also include project details,
310 including the project cost, location, and scope. The scope of
311 the project must be categorized broadly using a category such as
312 widening, repair and rehabilitation, or sidewalks. The data must
313 specify which projects the revenues not dedicated to specific
314 projects are supporting. The Department of Transportation shall
315 inform each county of the method and required format for
316 submitting the data. The Department of Transportation shall
317 compile the data and publish such compilation on its website.
318 Section 3. Subsection (2) of section 316.183, Florida
319 Statutes, is amended to read:
320 316.183 Unlawful speed.—
321 (2) On all streets or highways, the maximum speed limits
322 for all vehicles must be 30 miles per hour in business or
323 residence districts, and 55 miles per hour at any time at all
324 other locations. However, with respect to a residence district,
325 a county or municipality may set a maximum speed limit of 20 or
326 25 miles per hour on local streets and highways after an
327 investigation determines that such a limit is reasonable. It is
328 not necessary to conduct a separate investigation for each
329 residence district. The Department of Transportation shall
330 determine the safe and advisable minimum speed limit on all
331 highways that comprise a part of the National System of
332 Interstate and Defense Highways and have at least not fewer than
333 four lanes is 40 miles per hour, except that when the posted
334 speed limit is 70 miles per hour, the minimum speed limit is 50
335 miles per hour.
336 Section 4. Subsection (2) of section 316.187, Florida
337 Statutes, is amended to read:
338 316.187 Establishment of state speed zones.—
339 (2)(a) The maximum allowable speed limit on limited access
340 highways is 75 70 miles per hour.
341 (b) The maximum allowable speed limit on any other highway
342 that which is outside an urban area of 5,000 or more persons and
343 that which has at least four lanes divided by a median strip is
344 70 65 miles per hour.
345 (c) The Department of Transportation is authorized to set
346 such maximum and minimum speed limits for travel over other
347 roadways under its authority as it deems safe and advisable, not
348 to exceed as a maximum limit 65 60 miles per hour.
349 Section 5. Subsection (14) of section 331.3051, Florida
350 Statutes, is amended to read:
351 331.3051 Duties of Space Florida.—Space Florida shall:
352 (14) Partner with the Metropolitan Planning Organization
353 Advisory Council to coordinate and specify how aerospace
354 planning and programming will be part of the state’s cooperative
355 transportation planning process.
356 Section 6. Subsections (4), (5), (7), and (8) of section
357 332.004, Florida Statutes, are amended to read:
358 332.004 Definitions of terms used in ss. 332.003-332.007.
359 As used in ss. 332.003-332.007, the term:
360 (4) “Airport or aviation development project” or
361 “development project” means any activity associated with the
362 design, construction, purchase, improvement, or repair of a
363 public-use airport or portion thereof, including, but not
364 limited to: the purchase of equipment; the acquisition of land,
365 including land required as a condition of a federal, state, or
366 local permit or agreement for environmental mitigation; off
367 airport noise mitigation projects; the removal, lowering,
368 relocation, marking, and lighting of airport hazards; the
369 installation of navigation aids used by aircraft in landing at
370 or taking off from a public-use public airport; the installation
371 of safety equipment required by rule or regulation for
372 certification of the airport under s. 612 of the Federal
373 Aviation Act of 1958, and amendments thereto; and the
374 improvement of access to the airport by road or rail system
375 which is on airport property and which is consistent, to the
376 maximum extent feasible, with the approved local government
377 comprehensive plan of the units of local government in which the
378 airport is located.
379 (5) “Airport or aviation discretionary capacity improvement
380 projects” or “discretionary capacity improvement projects” means
381 capacity improvements which are consistent, to the maximum
382 extent feasible, with the approved local government
383 comprehensive plans of the units of local government in which
384 the public-use airport is located, and which enhance
385 intercontinental capacity at airports which:
386 (a) Are international airports with United States Bureau of
387 Customs and Border Protection;
388 (b) Had one or more regularly scheduled intercontinental
389 flights during the previous calendar year or have an agreement
390 in writing for installation of one or more regularly scheduled
391 intercontinental flights upon the commitment of funds for
392 stipulated airport capital improvements; and
393 (c) Have available or planned public ground transportation
394 between the airport and other major transportation facilities.
395 (7) “Eligible agency” means a political subdivision of the
396 state or an authority, or a public-private partnership through a
397 lease or an agreement under s. 255.065 with a political
398 subdivision of the state or an authority, which owns or seeks to
399 develop a public-use airport.
400 (8) “Federal aid” means funds made available from the
401 Federal Government for the accomplishment of public-use airport
402 or aviation development projects.
403 Section 7. Subsections (4) and (8) of section 332.006,
404 Florida Statutes, are amended to read:
405 332.006 Duties and responsibilities of the Department of
406 Transportation.—The Department of Transportation shall, within
407 the resources provided pursuant to chapter 216:
408 (4) Upon request, provide financial and technical
409 assistance to public agencies that own which operate public-use
410 airports by making department personnel and department-owned
411 facilities and equipment available on a cost-reimbursement basis
412 to such agencies for special needs of limited duration. The
413 requirement relating to reimbursement of personnel costs may be
414 waived by the department in those cases in which the assistance
415 provided by its personnel was of a limited nature or duration.
416 (8) Encourage the maximum allocation of federal funds to
417 local public-use airport projects in this state.
418 Section 8. Paragraphs (a) and (c) of subsection (4),
419 subsection (6), paragraphs (a) and (d) of subsection (7), and
420 subsections (8) and (10) of section 332.007, Florida Statutes,
421 are amended, and subsection (11) is added to that section, to
422 read:
423 332.007 Administration and financing of aviation and
424 airport programs and projects; state plan.—
425 (4)(a) The annual legislative budget request for aviation
426 and airport development projects shall be based on the funding
427 required for development projects in the aviation and airport
428 work program. The department shall provide priority funding in
429 support of the planning, design, and construction of proposed
430 projects by local sponsors of public-use airports, with special
431 emphasis on projects for runways and taxiways, including the
432 painting and marking of runways and taxiways, lighting, other
433 related airside activities, and airport access transportation
434 facility projects on airport property.
435 (c) No single airport shall secure airport or aviation
436 development project funds in excess of 25 percent of the total
437 airport or aviation development project funds available in any
438 given budget year. However, any public-use airport which
439 receives discretionary capacity improvement project funds in a
440 given fiscal year shall not receive greater than 10 percent of
441 total aviation and airport development project funds
442 appropriated in that fiscal year.
443 (6) Subject to the availability of appropriated funds, the
444 department may participate in the capital cost of eligible
445 public-use public airport and aviation development projects in
446 accordance with the following rates, unless otherwise provided
447 in the General Appropriations Act or the substantive bill
448 implementing the General Appropriations Act:
449 (a) The department may fund up to 50 percent of the portion
450 of eligible project costs which are not funded by the Federal
451 Government, except that the department may initially fund up to
452 75 percent of the cost of land acquisition for a new airport or
453 for the expansion of an existing airport which is owned and
454 operated by a municipality, a county, or an authority, and shall
455 be reimbursed to the normal statutory project share when federal
456 funds become available or within 10 years after the date of
457 acquisition, whichever is earlier. Due to federal budgeting
458 constraints, the department may also initially fund the federal
459 portion of eligible project costs subject to:
460 1. The department receiving adequate assurance from the
461 Federal Government or local sponsor that this amount will be
462 reimbursed to the department; and
463 2. The department having adequate funds in the work program
464 to fund the project.
465
466 Such projects must be contained in the Federal Government’s
467 Airport Capital Improvement Program, and the Federal Government
468 must fund, or have funded, the first year of the project.
469 (b) The department may retroactively reimburse cities,
470 counties, or airport authorities up to 50 percent of the
471 nonfederal share for land acquisition when such land is needed
472 for airport safety, expansion, tall structure control, clear
473 zone protection, or noise impact reduction. No land purchased
474 prior to July 1, 1990, or purchased prior to executing the
475 required department agreements shall be eligible for
476 reimbursement.
477 (c) When federal funds are not available, the department
478 may fund up to 80 percent of master planning and eligible
479 aviation development projects at public-use publicly owned,
480 publicly operated airports. If federal funds are available, the
481 department may fund up to 80 percent of the nonfederal share of
482 such projects. Such funding is limited to general aviation
483 airports, or commercial service airports that have fewer than
484 100,000 passenger boardings per year as determined by the
485 Federal Aviation Administration.
486 (d) The department is authorized to fund up to 100 percent
487 of the cost of an eligible project that is statewide in scope or
488 that involves more than one county where no other governmental
489 entity or appropriate jurisdiction exists.
490 (7) Subject to the availability of appropriated funds in
491 addition to aviation fuel tax revenues, the department may
492 participate in the capital cost of eligible public airport and
493 aviation discretionary capacity improvement projects. The annual
494 legislative budget request shall be based on the funding
495 required for discretionary capacity improvement projects in the
496 aviation and airport work program.
497 (a) The department shall provide priority funding in
498 support of:
499 1. Land acquisition which provides additional capacity at
500 the qualifying international airport or at that airport’s
501 supplemental air carrier airport.
502 2. Runway and taxiway projects that add capacity or are
503 necessary to accommodate technological changes in the aviation
504 industry.
505 3. Public-use airport access transportation projects that
506 improve direct airport access and are approved by the airport
507 sponsor.
508 4. International terminal projects that increase
509 international gate capacity.
510 (d) The department may fund up to 50 percent of the portion
511 of eligible project costs which are not funded by the Federal
512 Government except that the department may initially fund up to
513 75 percent of the cost of land acquisition for a new public-use
514 airport or for the expansion of an existing public-use airport
515 which is owned and operated by a municipality, a county, or an
516 authority, and shall be reimbursed to the normal statutory
517 project share when federal funds become available or within 10
518 years after the date of acquisition, whichever is earlier.
519 (8) The department may also fund eligible projects
520 performed by not-for-profit organizations that represent a
521 majority of public airports in this state. Eligible projects may
522 include activities associated with aviation master planning,
523 professional education, safety and security planning, enhancing
524 economic development and efficiency at airports in this state,
525 or other planning efforts to improve the viability of public-use
526 airports in this state.
527 (10) Subject to the availability of appropriated funds, and
528 unless otherwise provided in the General Appropriations Act or
529 the substantive bill implementing the General Appropriations
530 Act, the department may fund up to 100 percent of eligible
531 project costs of all of the following at a public-use publicly
532 owned, publicly operated airport located in a rural community as
533 defined in s. 288.0656 which does not have any scheduled
534 commercial service:
535 (a) The capital cost of runway and taxiway projects that
536 add capacity. Such projects must be prioritized based on the
537 amount of available nonstate matching funds.
538 (b) Economic development transportation projects pursuant
539 to s. 339.2821.
540
541 Any remaining funds must be allocated for projects specified in
542 subsection (6).
543 (11) Notwithstanding any other provisions of law, a
544 municipality, a county, or an authority that owns a public-use
545 airport may participate in the Federal Aviation Administration
546 Airport Investment Partnership Program under federal law by
547 contracting with a private partner to operate the airport under
548 lease or agreement. Subject to the availability of appropriated
549 funds from aviation fuel tax revenues, the department may
550 provide for improvements under this section to a municipality, a
551 county, or an authority that has a private partner under the
552 Airport Investment Partnership Program for the capital cost of a
553 discretionary improvement project at a public-use airport.
554 Section 9. Subsections (6) and (35) of section 334.044,
555 Florida Statutes, are amended to read:
556 334.044 Powers and duties of the department.—The department
557 shall have the following general powers and duties:
558 (6) To acquire, by the exercise of the power of eminent
559 domain as provided by law, all property or property rights,
560 whether public or private, which it may determine are necessary
561 to the performance of its duties and the execution of its
562 powers, including, but not limited to, in advance to preserve a
563 corridor for future proposed improvements.
564 (35) To expend funds for provide a construction workforce
565 development program, in consultation with affected stakeholders,
566 for delivery of projects designated in the department’s work
567 program. The department may annually expend up to $5 million
568 from the State Transportation Trust Fund for fiscal years 2025
569 2026 through 2029-2030 in grants to state colleges and school
570 districts, with priority given to state colleges and school
571 districts in counties that are rural communities as defined in
572 s. 288.0656(2), for the purchase of equipment simulators with
573 authentic original equipment manufacturer controls and a
574 companion curriculum, for the purchase of instructional aids for
575 use in conjunction with the equipment simulators, and to support
576 offering an elective course in heavy civil construction which
577 must, at a minimum, provide the student with an Occupational
578 Safety and Health Administration 10-hour certification and a
579 fill equipment simulator certification.
580 Section 10. Subsection (3) of section 334.065, Florida
581 Statutes, is amended to read:
582 334.065 Center for Urban Transportation Research.—
583 (3) An advisory board shall be created to periodically and
584 objectively review and advise the center concerning its research
585 program. Except for projects mandated by law, state-funded base
586 projects shall not be undertaken without approval of the
587 advisory board. The membership of the board shall be composed
588 consist of nine experts in transportation-related areas, as
589 follows:
590 (a) A member appointed by the President of the Senate.
591 (b) A member appointed by the Speaker of the House of
592 Representatives.
593 (c) The Secretary of Transportation, or his or her
594 designee.
595 (d) The Secretary of Commerce, or his or her designee.
596 including the secretaries of the Department of Transportation,
597 the Department of Environmental Protection, and the Department
598 of Commerce, or their designees, and
599 (e) A member of the Florida Transportation Commission.
600 (f) The nomination of the remaining four members of the
601 board shall be made to the President of the University of South
602 Florida by the College of Engineering at the University of South
603 Florida., and The appointment of these members must be reviewed
604 and approved by the Florida Transportation Commission and
605 confirmed by the Board of Governors.
606 Section 11. Section 334.63, Florida Statutes, is created to
607 read:
608 334.63 Project concept studies and project development and
609 environment studies.—
610 (1) Project concept studies and project development and
611 environment studies for capacity improvement projects on limited
612 access facilities must include the evaluation of alternatives
613 that provide transportation capacity using elevated roadway
614 above existing lanes.
615 (2) Project development and environment studies for new
616 alignment projects and capacity improvement projects must be
617 completed within 18 months after the date of commencement.
618 Section 12. Subsections (1) and (4), paragraph (b) of
619 subsection (7), and subsection (15) of section 337.11, Florida
620 Statutes, are amended to read:
621 337.11 Contracting authority of department; bids; emergency
622 repairs, supplemental agreements, and change orders; combined
623 design and construction contracts; progress payments; records;
624 requirements of vehicle registration.—
625 (1) The department shall have authority to enter into
626 contracts for the construction and maintenance of all roads
627 designated as part of the State Highway System or the State Park
628 Road System or of any roads placed under its supervision by law.
629 The department shall also have authority to enter into contracts
630 for the construction and maintenance of rest areas, weigh
631 stations, and other structures, including roads, parking areas,
632 supporting facilities and associated buildings used in
633 connection with such facilities. A contractor who enters into
634 such a contract with the department provides a service to the
635 department, and such contract does not However, no such contract
636 shall create any third-party beneficiary rights in any person
637 not a party to the contract.
638 (4)(a) Except as provided in paragraph (b), the department
639 may award the proposed construction and maintenance work to the
640 lowest responsible bidder, or in the instance of a time-plus
641 money contract, the lowest evaluated responsible bidder, or it
642 may reject all bids and proceed to rebid the work in accordance
643 with subsection (2) or otherwise perform the work.
644 (b) Notwithstanding any other provision of law to the
645 contrary:
646 1. If the department receives bids outside the award
647 criteria set forth by the department, the department must:
648 a. Arrange an in-person meeting with the lowest responsive,
649 responsible bidder to determine why the bids are over the
650 department’s estimate and may subsequently award the contract to
651 the lowest responsive, responsible bidder at its discretion;
652 b. Reject all bids and proceed to rebid the work in
653 accordance with subsection (2); or
654 c. Invite all responsive, responsible bidders to provide
655 best and final offers without filing a protest or posting a bond
656 under paragraph (5)(a). If the department thereafter awards the
657 contract, the award must be to the bidder that presents the
658 lowest best and final offer.
659 2. If the department intends to reject all bids on any
660 project after announcing, but before posting official notice of,
661 such intent, the department must provide to the lowest
662 responsive, responsible bidder the opportunity to negotiate the
663 scope of work with a corresponding reduction in price, as
664 provided in the bid, to provide a best and final offer without
665 filing a protest or posting a bond under paragraph (5)(a). Upon
666 reaching a decision regarding the lowest bidder’s best and final
667 offer, the department must post notice of final agency action to
668 either reject all bids or accept the best and final offer.
669 (c) This subsection does not prohibit the filing of a
670 protest by any bidder or alter the deadlines provided in s.
671 120.57.
672 (d) Notwithstanding the requirements of ss. 120.57(3)(c)
673 and 287.057(25), upon receipt of a formal written protest that
674 is timely filed, the department may continue the process
675 provided in this subsection but may not take final agency action
676 as to the lowest bidder except as part of the department’s final
677 agency action in the protest or upon dismissal of the protest by
678 the protesting party.
679 (7)
680 (b) If the department determines that it is in the best
681 interests of the public, the department may combine the design
682 and construction phases of a project fully funded in the work
683 program into a single contract and select the design-build firm
684 in the early stages of a project to ensure that the design-build
685 firm is part of the collaboration and development of the design
686 as part of a step-by-step progression through construction. Such
687 a contract is referred to as a phased design-build contract. For
688 phased design-build contracts, selection and award must include
689 a two-phase process. For phase one, the department shall
690 competitively award the contract to a design-build firm based
691 upon qualifications, provided that the department receives at
692 least three statements of qualifications from qualified design
693 build firms. If during phase one the department elects to enter
694 into contracts with more than one design-build firm based upon
695 qualifications, the department must competitively award the
696 contract for phase two to a single design-build firm. For phase
697 two, the design-build firm may self-perform portions of the work
698 and shall competitively bid construction trade subcontractor
699 packages and, based upon these bids, negotiate with the
700 department a fixed firm price or guaranteed maximum price that
701 meets the project budget and scope as advertised in the request
702 for qualifications.
703 (15) Each contract let by the department for performance of
704 bridge construction or maintenance over navigable waters must
705 contain a provision requiring marine general liability
706 insurance, in an amount to be determined by the department,
707 which covers third-party personal injury and property damage
708 caused by vessels used by the contractor in the performance of
709 the work. For a contract let by the department on or after July
710 1, 2025, such insurance must include protection and indemnity
711 coverage, which may be covered by endorsement on the marine
712 general liability insurance policy or may be a separate policy.
713 Section 13. Subsection (3) is added to section 337.1101,
714 Florida Statutes, to read:
715 337.1101 Contracting and procurement authority of the
716 department; settlements; notification required.—
717 (3) The department may not, through a settlement of a
718 protest filed in accordance with s. 120.57(3) of the award of a
719 contract being procured pursuant to s. 337.11 or related to the
720 purchase of commodities or contractual services being procured
721 pursuant to s. 287.057, create a new contract unless the new
722 contract is competitively procured.
723 Section 14. Subsections (1), (2), and (8) of section
724 337.14, Florida Statutes, are amended to read:
725 337.14 Application for qualification; certificate of
726 qualification; restrictions; request for hearing.—
727 (1) Any contractor desiring to bid for the performance of
728 any construction contract in excess of $250,000 which the
729 department proposes to let must first be certified by the
730 department as qualified pursuant to this section and rules of
731 the department. The rules of the department must address the
732 qualification of contractors to bid on construction contracts in
733 excess of $250,000 and must include requirements with respect to
734 the equipment, past record, experience, financial resources, and
735 organizational personnel of the applying contractor which are
736 necessary to perform the specific class of work for which the
737 contractor seeks certification. Any contractor who desires to
738 bid on contracts in excess of $50 million and who is not
739 qualified and in good standing with the department as of January
740 1, 2019, must first be certified by the department as qualified
741 and must have satisfactorily completed two projects, each in
742 excess of $15 million, for the department or for any other state
743 department of transportation. The department may limit the
744 dollar amount of any contract upon which a contractor is
745 qualified to bid or the aggregate total dollar volume of
746 contracts such contractor is allowed to have under contract at
747 any one time. Each applying contractor seeking qualification to
748 bid on construction contracts in excess of $250,000 shall
749 furnish the department a statement under oath, on such forms as
750 the department may prescribe, setting forth detailed information
751 as required on the application. Each application for
752 certification must be accompanied by audited, certified
753 financial statements prepared in accordance with generally
754 accepted accounting principles and auditing standards by a
755 certified public accountant licensed in this state or another
756 state. The audited, certified financial statements must be for
757 the applying contractor and must have been prepared within the
758 immediately preceding 12 months. The department may not consider
759 any financial information of the parent entity of the applying
760 contractor, if any. The department may not certify as qualified
761 any applying contractor who fails to submit the audited,
762 certified financial statements required by this subsection. If
763 the application or the annual financial statement shows the
764 financial condition of the applying contractor more than 4
765 months before the date on which the application is received by
766 the department, the applicant must also submit interim audited,
767 certified financial statements prepared in accordance with
768 generally accepted accounting principles and auditing standards
769 by a certified public accountant licensed in this state or
770 another state. The interim financial statements must cover the
771 period from the end date of the annual statement and must show
772 the financial condition of the applying contractor no more than
773 4 months before the date that the interim financial statements
774 are received by the department. However, upon the request of the
775 applying contractor, an application and accompanying annual or
776 interim financial statement received by the department within 15
777 days after either 4-month period under this subsection shall be
778 considered timely. An applying contractor desiring to bid
779 exclusively for the performance of construction contracts with
780 proposed budget estimates of less than $2 million may submit
781 reviewed annual or reviewed interim financial statements
782 prepared by a certified public accountant. The information
783 required by this subsection is confidential and exempt from s.
784 119.07(1). The department shall act upon the application for
785 qualification within 30 days after the department determines
786 that the application is complete. The department may waive the
787 requirements of this subsection for projects having a contract
788 price of $1 million or less which have diverse scopes of work
789 that may or may not be performed or $500,000 or less if the
790 department determines that the project is of a noncritical
791 nature and the waiver will not endanger public health, safety,
792 or property. Contracts for projects that have diverse scopes of
793 work that may or may not be performed are typically referred to
794 as push-button or task work order contracts.
795 (2) Certification is shall be necessary in order to bid on
796 a road, bridge, or public transportation construction contract
797 of more than $250,000. However, the successful bidder on any
798 construction contract must furnish a contract bond before prior
799 to the award of the contract. The department may waive the
800 requirement for all or a portion of a contract bond for
801 contracts of $250,000 $150,000 or less under s. 337.18(1).
802 (8) This section does not apply to maintenance contracts.
803 Notwithstanding any provision of law to the contrary, a
804 contractor seeking to bid on a maintenance contract that
805 predominantly includes repair and replacement of safety
806 appurtenances, including, but not limited to, guardrails,
807 attenuators, traffic signals, and striping, must possess the
808 prescribed qualifications, equipment, record, and experience to
809 perform such repair and replacement.
810 Section 15. Subsections (4) and (5) of section 337.185,
811 Florida Statutes, are amended to read:
812 337.185 State Arbitration Board.—
813 (4) The contractor may submit a claim greater than $250,000
814 up to $2 $1 million per contract or, upon agreement of the
815 parties, greater than up to $2 million per contract to be
816 arbitrated by the board. An award issued by the board pursuant
817 to this subsection is final if a request for a trial de novo is
818 not filed within the time provided by Rule 1.830, Florida Rules
819 of Civil Procedure. At the trial de novo, the court may not
820 admit evidence that there has been an arbitration proceeding,
821 the nature or amount of the award, or any other matter
822 concerning the conduct of the arbitration proceeding, except
823 that testimony given in connection with at an arbitration
824 hearing may be used for any purpose otherwise permitted by the
825 Florida Evidence Code. If a request for trial de novo is not
826 filed within the time provided, the award issued by the board is
827 final and enforceable by a court of law.
828 (5) An arbitration request may not be made to the board
829 before final acceptance but must be made to the board within 820
830 days after final acceptance or within 360 days after written
831 notice by the department of a claim related to a written
832 warranty or defect after final acceptance.
833 Section 16. Subsection (2) of section 337.19, Florida
834 Statutes, is amended to read:
835 337.19 Suits by and against department; limitation of
836 actions; forum.—
837 (2) For contracts entered into on or after June 30, 1993,
838 suits by or and against the department under this section must
839 shall be commenced within 820 days of the final acceptance of
840 the work. For contracts entered into on or after July 1, 2025,
841 suits by or against the department under this section must be
842 commenced within 820 days of the final acceptance of the work or
843 within 360 days after written notice by the department of a
844 claim related to a written warranty or defect after final
845 acceptance This section shall apply to all contracts entered
846 into after June 30, 1993.
847 Section 17. Present subsections (3) through (9) of section
848 337.401, Florida Statutes, are redesignated as subsections (4)
849 through (10), respectively, paragraph (c) is added to subsection
850 (1) and a new subsection (3) is added to that section, and
851 paragraph (b) of subsection (1), subsection (2), paragraphs (a),
852 (c), and (g) of present subsection (3), present subsection (5),
853 paragraph (e) of present subsection (6), and paragraphs (d) and
854 (n) of present subsection (7) of that section are amended, to
855 read:
856 337.401 Use of right-of-way for utilities subject to
857 regulation; permit; fees.—
858 (1)
859 (b) For aerial and underground electric utility
860 transmission lines designed to operate at 69 or more kilovolts
861 which that are needed to accommodate the additional electrical
862 transfer capacity on the transmission grid resulting from new
863 base-load generating facilities, the department’s rules shall
864 provide for placement of and access to such transmission lines
865 adjacent to and within the right-of-way of any department
866 controlled public roads, including longitudinally within limited
867 access facilities where there is no other practicable
868 alternative available, to the greatest extent allowed by federal
869 law, if compliance with the standards established by such rules
870 is achieved. Without limiting or conditioning the department’s
871 jurisdiction or authority described in paragraph (a), with
872 respect to limited access right-of-way, such rules may include,
873 but need not be limited to, that the use of the right-of-way for
874 longitudinal placement of electric utility transmission lines is
875 reasonable based upon a consideration of economic and
876 environmental factors, including, without limitation, other
877 practicable alternative alignments, utility corridors and
878 easements, impacts on adjacent property owners, and minimum
879 clear zones and other safety standards, and further provide that
880 placement of the electric utility transmission lines within the
881 department’s right-of-way does not interfere with operational
882 requirements of the transportation facility or planned or
883 potential future expansion of such transportation facility. If
884 the department approves longitudinal placement of electric
885 utility transmission lines in limited access facilities,
886 compensation for the use of the right-of-way is required. Such
887 consideration or compensation paid by the electric utility owner
888 in connection with the department’s issuance of a permit does
889 not create any property right in the department’s property
890 regardless of the amount of consideration paid or the
891 improvements constructed on the property by the utility owner.
892 Upon notice by the department that the property is needed for
893 expansion or improvement of the transportation facility, the
894 electric utility transmission line will be removed or relocated
895 at the utility owner’s electric utility’s sole expense. The
896 electric utility owner shall pay to the department reasonable
897 damages resulting from the utility owner’s utility’s failure or
898 refusal to timely remove or relocate its transmission lines. The
899 rules to be adopted by the department may also address the
900 compensation methodology and removal or relocation. As used in
901 this subsection, the term “base-load generating facilities”
902 means electric power plants that are certified under part II of
903 chapter 403.
904 (c) An entity that places, replaces, or relocates
905 underground utilities within a right-of-way must make such
906 underground utilities electronically detectable using techniques
907 approved by the department.
908 (2) The authority may grant to any person who is a resident
909 of this state, or to any corporation that which is organized
910 under the laws of this state or licensed to do business within
911 this state, the use of a right-of-way for the utility in
912 accordance with such rules or regulations as the authority may
913 adopt. A utility may not be installed, located, or relocated
914 unless authorized by a written permit issued by the authority.
915 However, for public roads or publicly owned rail corridors under
916 the jurisdiction of the department, a utility relocation
917 schedule and relocation agreement may be executed in lieu of a
918 written permit. The permit or relocation agreement must require
919 the permitholder or party to the agreement to be responsible for
920 any damage resulting from the work required. The utility owner
921 shall pay to the authority actual damages resulting from a
922 failure or refusal to timely remove or relocate a utility.
923 Issuance of permits for new placement of utilities within the
924 authority’s rights-of-way may be subject to payment of actual
925 costs incurred by the authority due to the failure of the
926 utility owner to timely relocate utilities pursuant to an
927 approved utility work schedule, for damage done to existing
928 infrastructure by the utility owner, and for roadway failures
929 caused by work performed by the utility owner issuance of such
930 permit. The authority may initiate injunctive proceedings as
931 provided in s. 120.69 to enforce provisions of this subsection
932 or any rule or order issued or entered into pursuant thereto. A
933 permit application required under this subsection by a county or
934 municipality having jurisdiction and control of the right-of-way
935 of any public road must be processed and acted upon in
936 accordance with the timeframes provided in subparagraphs
937 (8)(d)7., 8., and 9 (7)(d)7., 8., and 9.
938 (3)(a) As used in this subsection, the term “as-built
939 plans” means plans that include all changes and modifications
940 that occur during the construction phase of a project.
941 (b) The authority and utility owner shall agree in writing
942 to an approved depth of as-built plans in accordance with the
943 scope of a project.
944 (c) The utility owner shall submit as-built plans within 20
945 business days after completion of the utility work which show
946 actual final surface and subsurface utilities, including
947 location alignment profile, depth, and geodetic datum of each
948 structure. As-built plans must be provided in an electronic
949 format that is compatible with department software and meets
950 technical specifications provided by the department or in an
951 electronic format determined by the utility industry to be in
952 accordance with industry standards. The department may by
953 written agreement make exceptions to the electronic format
954 requirement.
955 (d) As-built plans must be submitted before any costs may
956 be reimbursed by the authority under subsection (2).
957 (4)(a)(3)(a) Because of the unique circumstances applicable
958 to providers of communications services, including, but not
959 limited to, the circumstances described in paragraph (e) and the
960 fact that federal and state law require the nondiscriminatory
961 treatment of providers of telecommunications services, and
962 because of the desire to promote competition among providers of
963 communications services, it is the intent of the Legislature
964 that municipalities and counties treat providers of
965 communications services in a nondiscriminatory and competitively
966 neutral manner when imposing rules or regulations governing the
967 placement or maintenance of communications facilities in the
968 public roads or rights-of-way. Rules or regulations imposed by a
969 municipality or county relating to providers of communications
970 services placing or maintaining communications facilities in its
971 roads or rights-of-way must be generally applicable to all
972 providers of communications services, taking into account the
973 distinct engineering, construction, operation, maintenance,
974 public works, and safety requirements of the provider’s
975 facilities, and, notwithstanding any other law, may not require
976 a provider of communications services to apply for or enter into
977 an individual license, franchise, or other agreement with the
978 municipality or county as a condition of placing or maintaining
979 communications facilities in its roads or rights-of-way. In
980 addition to other reasonable rules or regulations that a
981 municipality or county may adopt relating to the placement or
982 maintenance of communications facilities in its roads or rights
983 of-way under this subsection or subsection (8) (7), a
984 municipality or county may require a provider of communications
985 services that places or seeks to place facilities in its roads
986 or rights-of-way to register with the municipality or county. To
987 register, a provider of communications services may be required
988 only to provide its name; the name, address, and telephone
989 number of a contact person for the registrant; the number of the
990 registrant’s current certificate of authorization issued by the
991 Florida Public Service Commission, the Federal Communications
992 Commission, or the Department of State; a statement of whether
993 the registrant is a pass-through provider as defined in
994 subparagraph (7)(a)1. (6)(a)1.; the registrant’s federal
995 employer identification number; and any required proof of
996 insurance or self-insuring status adequate to defend and cover
997 claims. A municipality or county may not require a registrant to
998 renew a registration more frequently than every 5 years but may
999 require during this period that a registrant update the
1000 registration information provided under this subsection within
1001 90 days after a change in such information. A municipality or
1002 county may not require the registrant to provide an inventory of
1003 communications facilities, maps, locations of such facilities,
1004 or other information by a registrant as a condition of
1005 registration, renewal, or for any other purpose; provided,
1006 however, that a municipality or county may require as part of a
1007 permit application that the applicant identify at-grade
1008 communications facilities within 50 feet of the proposed
1009 installation location for the placement of at-grade
1010 communications facilities. A municipality or county may not
1011 require a provider to pay any fee, cost, or other charge for
1012 registration or renewal thereof. It is the intent of the
1013 Legislature that the placement, operation, maintenance,
1014 upgrading, and extension of communications facilities not be
1015 unreasonably interrupted or delayed through the permitting or
1016 other local regulatory process. Except as provided in this
1017 chapter or otherwise expressly authorized by chapter 202,
1018 chapter 364, or chapter 610, a municipality or county may not
1019 adopt or enforce any ordinance, regulation, or requirement as to
1020 the placement or operation of communications facilities in a
1021 right-of-way by a communications services provider authorized by
1022 state or local law to operate in a right-of-way; regulate any
1023 communications services; or impose or collect any tax, fee,
1024 cost, charge, or exaction for the provision of communications
1025 services over the communications services provider’s
1026 communications facilities in a right-of-way.
1027 (c) Any municipality or county that, as of January 1, 2019,
1028 elected to require permit fees from any provider of
1029 communications services that uses or occupies municipal or
1030 county roads or rights-of-way pursuant to former paragraph (c)
1031 or former paragraph (j), Florida Statutes 2018, may continue to
1032 require and collect such fees. A municipality or county that
1033 elected as of January 1, 2019, to require permit fees may elect
1034 to forego such fees as provided herein. A municipality or county
1035 that elected as of January 1, 2019, not to require permit fees
1036 may not elect to impose permit fees. All fees authorized under
1037 this paragraph must be reasonable and commensurate with the
1038 direct and actual cost of the regulatory activity, including
1039 issuing and processing permits, plan reviews, physical
1040 inspection, and direct administrative costs; must be
1041 demonstrable; and must be equitable among users of the roads or
1042 rights-of-way. A fee authorized under this paragraph may not be
1043 offset against the tax imposed under chapter 202; include the
1044 costs of roads or rights-of-way acquisition or roads or rights
1045 of-way rental; include any general administrative, management,
1046 or maintenance costs of the roads or rights-of-way; or be based
1047 on a percentage of the value or costs associated with the work
1048 to be performed on the roads or rights-of-way. In an action to
1049 recover amounts due for a fee not authorized under this
1050 paragraph, the prevailing party may recover court costs and
1051 attorney fees at trial and on appeal. In addition to the
1052 limitations set forth in this section, a fee levied by a
1053 municipality or charter county under this paragraph may not
1054 exceed $100. However, permit fees may not be imposed with
1055 respect to permits that may be required for service drop lines
1056 not required to be noticed under s. 556.108(5) or for any
1057 activity that does not require the physical disturbance of the
1058 roads or rights-of-way or does not impair access to or full use
1059 of the roads or rights-of-way, including, but not limited to,
1060 the performance of service restoration work on existing
1061 facilities, extensions of such facilities for providing
1062 communications services to customers, and the placement of micro
1063 wireless facilities in accordance with subparagraph (8)(e)3
1064 (7)(e)3.
1065 1. If a municipality or charter county elects to not
1066 require permit fees, the total rate for the local communications
1067 services tax as computed under s. 202.20 for that municipality
1068 or charter county may be increased by ordinance or resolution by
1069 an amount not to exceed a rate of 0.12 percent.
1070 2. If a noncharter county elects to not require permit
1071 fees, the total rate for the local communications services tax
1072 as computed under s. 202.20 for that noncharter county may be
1073 increased by ordinance or resolution by an amount not to exceed
1074 a rate of 0.24 percent, to replace the revenue the noncharter
1075 county would otherwise have received from permit fees for
1076 providers of communications services.
1077 (g) A municipality or county may not use its authority over
1078 the placement of facilities in its roads and rights-of-way as a
1079 basis for asserting or exercising regulatory control over a
1080 provider of communications services regarding matters within the
1081 exclusive jurisdiction of the Florida Public Service Commission
1082 or the Federal Communications Commission, including, but not
1083 limited to, the operations, systems, equipment, technology,
1084 qualifications, services, service quality, service territory,
1085 and prices of a provider of communications services. A
1086 municipality or county may not require any permit for the
1087 maintenance, repair, replacement, extension, or upgrade of
1088 existing aerial wireline communications facilities on utility
1089 poles or for aerial wireline facilities between existing
1090 wireline communications facility attachments on utility poles by
1091 a communications services provider. However, a municipality or
1092 county may require a right-of-way permit for work that involves
1093 excavation, closure of a sidewalk, or closure of a vehicular
1094 lane or parking lane, unless the provider is performing service
1095 restoration to existing facilities. A permit application
1096 required by an authority under this section for the placement of
1097 communications facilities must be processed and acted upon
1098 consistent with the timeframes provided in subparagraphs
1099 (8)(d)7., 8., and 9 (7)(d)7., 8., and 9. In addition, a
1100 municipality or county may not require any permit or other
1101 approval, fee, charge, or cost, or other exaction for the
1102 maintenance, repair, replacement, extension, or upgrade of
1103 existing aerial lines or underground communications facilities
1104 located on private property outside of the public rights-of-way.
1105 As used in this section, the term “extension of existing
1106 facilities” includes those extensions from the rights-of-way
1107 into a customer’s private property for purposes of placing a
1108 service drop or those extensions from the rights-of-way into a
1109 utility easement to provide service to a discrete identifiable
1110 customer or group of customers.
1111 (6)(5) This section, except subsections (1) and (2) and
1112 paragraph (4)(g) (3)(g), does not apply to the provision of pay
1113 telephone service on public, municipal, or county roads or
1114 rights-of-way.
1115 (7)(6)
1116 (e) This subsection does not alter any provision of this
1117 section or s. 202.24 relating to taxes, fees, or other charges
1118 or impositions by a municipality or county on a dealer of
1119 communications services or authorize that any charges be
1120 assessed on a dealer of communications services, except as
1121 specifically set forth herein. A municipality or county may not
1122 charge a pass-through provider any amounts other than the
1123 charges under this subsection as a condition to the placement or
1124 maintenance of a communications facility in the roads or rights
1125 of-way of a municipality or county by a pass-through provider,
1126 except that a municipality or county may impose permit fees on a
1127 pass-through provider consistent with paragraph (4)(c) (3)(c).
1128 (8)(7)
1129 (d) An authority may require a registration process and
1130 permit fees in accordance with subsection (4) (3). An authority
1131 shall accept applications for permits and shall process and
1132 issue permits subject to the following requirements:
1133 1. An authority may not directly or indirectly require an
1134 applicant to perform services unrelated to the collocation for
1135 which approval is sought, such as in-kind contributions to the
1136 authority, including reserving fiber, conduit, or pole space for
1137 the authority.
1138 2. An applicant may not be required to provide more
1139 information to obtain a permit than is necessary to demonstrate
1140 the applicant’s compliance with applicable codes for the
1141 placement of small wireless facilities in the locations
1142 identified in the application. An applicant may not be required
1143 to provide inventories, maps, or locations of communications
1144 facilities in the right-of-way other than as necessary to avoid
1145 interference with other at-grade or aerial facilities located at
1146 the specific location proposed for a small wireless facility or
1147 within 50 feet of such location.
1148 3. An authority may not:
1149 a. Require the placement of small wireless facilities on
1150 any specific utility pole or category of poles;
1151 b. Require the placement of multiple antenna systems on a
1152 single utility pole;
1153 c. Require a demonstration that collocation of a small
1154 wireless facility on an existing structure is not legally or
1155 technically possible as a condition for granting a permit for
1156 the collocation of a small wireless facility on a new utility
1157 pole except as provided in paragraph (i);
1158 d. Require compliance with an authority’s provisions
1159 regarding placement of small wireless facilities or a new
1160 utility pole used to support a small wireless facility in
1161 rights-of-way under the control of the department unless the
1162 authority has received a delegation from the department for the
1163 location of the small wireless facility or utility pole, or
1164 require such compliance as a condition to receive a permit that
1165 is ancillary to the permit for collocation of a small wireless
1166 facility, including an electrical permit;
1167 e. Require a meeting before filing an application;
1168 f. Require direct or indirect public notification or a
1169 public meeting for the placement of communication facilities in
1170 the right-of-way;
1171 g. Limit the size or configuration of a small wireless
1172 facility or any of its components, if the small wireless
1173 facility complies with the size limits in this subsection;
1174 h. Prohibit the installation of a new utility pole used to
1175 support the collocation of a small wireless facility if the
1176 installation otherwise meets the requirements of this
1177 subsection; or
1178 i. Require that any component of a small wireless facility
1179 be placed underground except as provided in paragraph (i).
1180 4. Subject to paragraph (r), an authority may not limit the
1181 placement, by minimum separation distances, of small wireless
1182 facilities, utility poles on which small wireless facilities are
1183 or will be collocated, or other at-grade communications
1184 facilities. However, within 14 days after the date of filing the
1185 application, an authority may request that the proposed location
1186 of a small wireless facility be moved to another location in the
1187 right-of-way and placed on an alternative authority utility pole
1188 or support structure or placed on a new utility pole. The
1189 authority and the applicant may negotiate the alternative
1190 location, including any objective design standards and
1191 reasonable spacing requirements for ground-based equipment, for
1192 30 days after the date of the request. At the conclusion of the
1193 negotiation period, if the alternative location is accepted by
1194 the applicant, the applicant must notify the authority of such
1195 acceptance and the application shall be deemed granted for any
1196 new location for which there is agreement and all other
1197 locations in the application. If an agreement is not reached,
1198 the applicant must notify the authority of such nonagreement and
1199 the authority must grant or deny the original application within
1200 90 days after the date the application was filed. A request for
1201 an alternative location, an acceptance of an alternative
1202 location, or a rejection of an alternative location must be in
1203 writing and provided by electronic mail.
1204 5. An authority shall limit the height of a small wireless
1205 facility to 10 feet above the utility pole or structure upon
1206 which the small wireless facility is to be collocated. Unless
1207 waived by an authority, the height for a new utility pole is
1208 limited to the tallest existing utility pole as of July 1, 2017,
1209 located in the same right-of-way, other than a utility pole for
1210 which a waiver has previously been granted, measured from grade
1211 in place within 500 feet of the proposed location of the small
1212 wireless facility. If there is no utility pole within 500 feet,
1213 the authority shall limit the height of the utility pole to 50
1214 feet.
1215 6. The installation by a communications services provider
1216 of a utility pole in the public rights-of-way, other than a
1217 utility pole used to support a small wireless facility, is
1218 subject to authority rules or regulations governing the
1219 placement of utility poles in the public rights-of-way.
1220 7. Within 14 days after receiving an application, an
1221 authority must determine and notify the applicant by electronic
1222 mail as to whether the application is complete. If an
1223 application is deemed incomplete, the authority must
1224 specifically identify the missing information. An application is
1225 deemed complete if the authority fails to provide notification
1226 to the applicant within 14 days.
1227 8. An application must be processed on a nondiscriminatory
1228 basis. A complete application is deemed approved if an authority
1229 fails to approve or deny the application within 60 days after
1230 receipt of the application. If an authority does not use the 30
1231 day negotiation period provided in subparagraph 4., the parties
1232 may mutually agree to extend the 60-day application review
1233 period. The authority shall grant or deny the application at the
1234 end of the extended period. A permit issued pursuant to an
1235 approved application shall remain effective for 1 year unless
1236 extended by the authority.
1237 9. An authority must notify the applicant of approval or
1238 denial by electronic mail. An authority shall approve a complete
1239 application unless it does not meet the authority’s applicable
1240 codes. If the application is denied, the authority must specify
1241 in writing the basis for denial, including the specific code
1242 provisions on which the denial was based, and send the
1243 documentation to the applicant by electronic mail on the day the
1244 authority denies the application. The applicant may cure the
1245 deficiencies identified by the authority and resubmit the
1246 application within 30 days after notice of the denial is sent to
1247 the applicant. The authority shall approve or deny the revised
1248 application within 30 days after receipt or the application is
1249 deemed approved. The review of a revised application is limited
1250 to the deficiencies cited in the denial. If an authority
1251 provides for administrative review of the denial of an
1252 application, the review must be complete and a written decision
1253 issued within 45 days after a written request for review is
1254 made. A denial must identify the specific code provisions on
1255 which the denial is based. If the administrative review is not
1256 complete within 45 days, the authority waives any claim
1257 regarding failure to exhaust administrative remedies in any
1258 judicial review of the denial of an application.
1259 10. An applicant seeking to collocate small wireless
1260 facilities within the jurisdiction of a single authority may, at
1261 the applicant’s discretion, file a consolidated application and
1262 receive a single permit for the collocation of up to 30 small
1263 wireless facilities. If the application includes multiple small
1264 wireless facilities, an authority may separately address small
1265 wireless facility collocations for which incomplete information
1266 has been received or which are denied.
1267 11. An authority may deny an application to collocate a
1268 small wireless facility or place a utility pole used to support
1269 a small wireless facility in the public rights-of-way if the
1270 proposed small wireless facility or utility pole used to support
1271 a small wireless facility:
1272 a. Materially interferes with the safe operation of traffic
1273 control equipment.
1274 b. Materially interferes with sight lines or clear zones
1275 for transportation, pedestrians, or public safety purposes.
1276 c. Materially interferes with compliance with the Americans
1277 with Disabilities Act or similar federal or state standards
1278 regarding pedestrian access or movement.
1279 d. Materially fails to comply with the 2017 edition of the
1280 Florida Department of Transportation Utility Accommodation
1281 Manual.
1282 e. Fails to comply with applicable codes.
1283 f. Fails to comply with objective design standards
1284 authorized under paragraph (r).
1285 12. An authority may adopt by ordinance provisions for
1286 insurance coverage, indemnification, force majeure, abandonment,
1287 authority liability, or authority warranties. Such provisions
1288 must be reasonable and nondiscriminatory. An authority may
1289 require a construction bond to secure restoration of the
1290 postconstruction rights-of-way to the preconstruction condition.
1291 However, such bond must be time-limited to not more than 18
1292 months after the construction to which the bond applies is
1293 completed. For any financial obligation required by an authority
1294 allowed under this section, the authority shall accept a letter
1295 of credit or similar financial instrument issued by any
1296 financial institution that is authorized to do business within
1297 the United States, provided that a claim against the financial
1298 instrument may be made by electronic means, including by
1299 facsimile. A provider of communications services may add an
1300 authority to any existing bond, insurance policy, or other
1301 relevant financial instrument, and the authority must accept
1302 such proof of coverage without any conditions other than consent
1303 to venue for purposes of any litigation to which the authority
1304 is a party. An authority may not require a communications
1305 services provider to indemnify it for liabilities not caused by
1306 the provider, including liabilities arising from the authority’s
1307 negligence, gross negligence, or willful conduct.
1308 13. Collocation of a small wireless facility on an
1309 authority utility pole does not provide the basis for the
1310 imposition of an ad valorem tax on the authority utility pole.
1311 14. An authority may reserve space on authority utility
1312 poles for future public safety uses. However, a reservation of
1313 space may not preclude collocation of a small wireless facility.
1314 If replacement of the authority utility pole is necessary to
1315 accommodate the collocation of the small wireless facility and
1316 the future public safety use, the pole replacement is subject to
1317 make-ready provisions and the replaced pole shall accommodate
1318 the future public safety use.
1319 15. A structure granted a permit and installed pursuant to
1320 this subsection shall comply with chapter 333 and federal
1321 regulations pertaining to airport airspace protections.
1322 (n) This subsection does not affect provisions relating to
1323 pass-through providers in subsection (7) (6).
1324 Section 18. Present subsections (2) and (3) of section
1325 337.403, Florida Statutes, are redesignated as subsections (4)
1326 and (5), respectively, new subsections (2) and (3) are added to
1327 that section, and subsection (1) of that section is amended, to
1328 read:
1329 337.403 Interference caused by utility; expenses.—
1330 (1) If a utility that is placed upon, under, over, or
1331 within the right-of-way limits of any public road or publicly
1332 owned rail corridor is found by the authority to be unreasonably
1333 interfering in any way with the convenient, safe, or continuous
1334 use, or the maintenance, improvement, extension, or expansion,
1335 of such public road or publicly owned rail corridor, the utility
1336 owner shall, upon 30 days’ written notice to the utility or its
1337 agent by the authority, initiate the work necessary to alleviate
1338 the interference at its own expense except as provided in
1339 paragraphs (a)-(k) (a)-(j). The work must be completed within
1340 such reasonable time as stated in the notice or such time as
1341 agreed to by the authority and the utility owner.
1342 (a) If the relocation of utility facilities, as referred to
1343 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1344 84-627, is necessitated by the construction of a project on the
1345 federal-aid interstate system, including extensions thereof
1346 within urban areas, and the cost of the project is eligible and
1347 approved for reimbursement by the Federal Government to the
1348 extent of 90 percent or more under the Federal-Aid Highway Act,
1349 or any amendment thereof, then in that event the utility owning
1350 or operating such facilities must shall perform any necessary
1351 work upon notice from the department, and the state must shall
1352 pay the entire expense properly attributable to such work after
1353 deducting therefrom any increase in the value of a new facility
1354 and any salvage value derived from an old facility.
1355 (b) The department may reimburse up to 50 percent of the
1356 costs for relocation of publicly regulated utility facilities
1357 and municipally owned or county-owned utility facilities, and
1358 100 percent of the costs for relocation of municipally owned or
1359 county-owned utility facilities located in a rural area of
1360 opportunity as defined in s. 288.0656(2), on the State Highway
1361 System after deducting therefrom any increase in the value of a
1362 new facility and any salvage value derived from an old facility
1363 upon determining that such reimbursement is in the best
1364 interests of the public and necessary to expedite the
1365 construction of the project and that the utility owner has
1366 relocated its facility at least 5 percent ahead of the time
1367 allotted for relocation per the latest approved utility
1368 relocation schedule.
1369 (c)(b) When a joint agreement between the department and
1370 the utility is executed for utility work to be accomplished as
1371 part of a contract for construction of a transportation
1372 facility, the department may participate in those utility work
1373 costs that exceed the department’s official estimate of the cost
1374 of the work by more than 10 percent in addition to any costs
1375 identified in paragraph (a). The amount of such participation is
1376 limited to the difference between the official estimate of all
1377 the work in the joint agreement plus 10 percent and the amount
1378 awarded for this work in the construction contract for such
1379 work. The department may not participate in any utility work
1380 costs that occur as a result of changes or additions during the
1381 course of the contract.
1382 (d)(c) When an agreement between the department and utility
1383 is executed for utility work to be accomplished in advance of a
1384 contract for construction of a transportation facility, the
1385 department may participate in the cost of clearing and grubbing
1386 necessary to perform such work.
1387 (e)(d) If the utility facility was initially installed to
1388 exclusively serve the authority or its tenants, or both, the
1389 authority must shall bear the costs of the utility work.
1390 However, the authority is not responsible for the cost of
1391 utility work related to any subsequent additions to that
1392 facility for the purpose of serving others. For a county or
1393 municipality, if such utility facility was installed in the
1394 right-of-way as a means to serve a county or municipal facility
1395 on a parcel of property adjacent to the right-of-way and if the
1396 intended use of the county or municipal facility is for a use
1397 other than transportation purposes, the obligation of the county
1398 or municipality to bear the costs of the utility work extends
1399 shall extend only to utility work on the parcel of property on
1400 which the facility of the county or municipality originally
1401 served by the utility facility is located.
1402 (f)(e) If, under an agreement between a utility owner and
1403 the authority entered into after July 1, 2009, the utility
1404 conveys, subordinates, or relinquishes a compensable property
1405 right to the authority for the purpose of accommodating the
1406 acquisition or use of the right-of-way by the authority, without
1407 the agreement expressly addressing future responsibility for the
1408 cost of necessary utility work, the authority must shall bear
1409 the cost of removal or relocation. This paragraph does not
1410 impair or restrict, and may not be used to interpret, the terms
1411 of any such agreement entered into before July 1, 2009.
1412 (g)(f) If the utility is an electric facility being
1413 relocated underground in order to enhance vehicular, bicycle,
1414 and pedestrian safety and in which ownership of the electric
1415 facility to be placed underground has been transferred from a
1416 private to a public utility within the past 5 years, the
1417 department shall incur all costs of the necessary utility work.
1418 (h)(g) An authority may bear the costs of utility work
1419 required to eliminate an unreasonable interference when the
1420 utility is not able to establish that it has a compensable
1421 property right in the particular property where the utility is
1422 located if:
1423 1. The utility was physically located on the particular
1424 property before the authority acquired rights in the property;
1425 2. The utility demonstrates that it has a compensable
1426 property right in adjacent properties along the alignment of the
1427 utility or, after due diligence, certifies that the utility does
1428 not have evidence to prove or disprove that it has a compensable
1429 property right in the particular property where the utility is
1430 located; and
1431 3. The information available to the authority does not
1432 establish the relative priorities of the authority’s and the
1433 utility’s interests in the particular property.
1434 (i)(h) If a municipally owned utility or county-owned
1435 utility is located in a rural area of opportunity, as defined in
1436 s. 288.0656(2), and the department determines that the utility
1437 owner is unable, and will not be able within the next 10 years,
1438 to pay for the cost of utility work necessitated by a department
1439 project on the State Highway System, the department may pay, in
1440 whole or in part, the cost of such utility work performed by the
1441 department or its contractor.
1442 (j)(i) If the relocation of utility facilities is
1443 necessitated by the construction of a commuter rail service
1444 project or an intercity passenger rail service project and the
1445 cost of the project is eligible and approved for reimbursement
1446 by the Federal Government, then in that event the utility owning
1447 or operating such facilities located by permit on a department
1448 owned rail corridor must shall perform any necessary utility
1449 relocation work upon notice from the department, and the
1450 department must shall pay the expense properly attributable to
1451 such utility relocation work in the same proportion as federal
1452 funds are expended on the commuter rail service project or an
1453 intercity passenger rail service project after deducting
1454 therefrom any increase in the value of a new facility and any
1455 salvage value derived from an old facility. In no event is shall
1456 the state be required to use state dollars for such utility
1457 relocation work. This paragraph does not apply to any phase of
1458 the Central Florida Commuter Rail project, known as SunRail.
1459 (k)(j) If a utility is lawfully located within an existing
1460 and valid utility easement granted by recorded plat, regardless
1461 of whether such land was subsequently acquired by the authority
1462 by dedication, transfer of fee, or otherwise, the authority must
1463 bear the cost of the utility work required to eliminate an
1464 unreasonable interference. The authority shall pay the entire
1465 expense properly attributable to such work after deducting any
1466 increase in the value of a new facility and any salvage value
1467 derived from an old facility.
1468 (2) Before the notice to initiate the work, the department
1469 and the utility owner shall follow a procedure that includes all
1470 of the following:
1471 (a) The department shall provide to the utility owner
1472 preliminary plans for a proposed highway improvement project and
1473 notice of a period that begins 30 days and ends within 120 days
1474 after receipt of the notice within which the utility owner shall
1475 submit to the department the plans required in accordance with
1476 paragraph (b). The utility owner shall provide to the department
1477 written acknowledgement of receipt of the preliminary plans.
1478 (b) The utility owner shall submit to the department plans
1479 showing existing and proposed locations of utility facilities
1480 within the period provided by the department. If the utility
1481 owner fails to submit the plans to the department within the
1482 period, the department is not required to participate in the
1483 work, may withhold any amount due to the utility owner on other
1484 projects within the rights-of-way of the same district of the
1485 department, and may withhold issuance of any other permits for
1486 work within the rights-of-way of the same district of the
1487 department.
1488 (c) The plans submitted by the utility owner must include a
1489 utility relocation schedule for approval by the department. The
1490 utility relocation schedule must meet form and timeframe
1491 requirements established by department rule.
1492 (d) If a state of emergency is declared by the Governor,
1493 the utility is entitled to receive an extension to the utility
1494 relocation schedule which is at least equal to any extension
1495 granted to the contractor by the department. The utility owner
1496 shall notify the department of any additional delays associated
1497 with causes beyond the utility owner’s control, including, but
1498 not limited to, participation in recovery work under a mutual
1499 aid agreement. The notification must occur within 10 calendar
1500 days after commencement of the delay and provide a reasonably
1501 complete description of the cause and nature of the delay and
1502 the possible impacts to the utility relocation schedule. Within
1503 10 calendar days after the cause of the delay ends, the utility
1504 owner shall submit a revised utility relocation schedule for
1505 approval by the department. The department may not unreasonably
1506 withhold, delay, or condition such approval.
1507 (e) If the utility owner does not initiate work in
1508 accordance with the utility relocation schedule, the department
1509 must provide the utility owner a final notice directing the
1510 utility owner to initiate work within 10 calendar days. If the
1511 utility owner does not begin work within 10 calendar days after
1512 receipt of the final notice or, having so begun work, thereafter
1513 fails to complete the work in accordance with the utility
1514 relocation schedule, the department is not required to
1515 participate in the work, may withhold any amount due to the
1516 utility owner for projects within the rights-of-way of the same
1517 district of the department, and may exercise its right to obtain
1518 injunctive relief under s. 120.69.
1519 (f) If additional utility work is found necessary after the
1520 letting date of a highway improvement project, the utility must
1521 provide a revised utility relocation schedule within 30 calendar
1522 days after becoming aware of the need for such additional work
1523 or upon receipt of the department’s written notification
1524 advising of the need for such additional work. The department
1525 shall review the revised utility relocation schedule for
1526 compliance with the form and timeframe requirements of the
1527 department and must approve the revised utility relocation
1528 schedule if such requirements are met.
1529 (g) The utility owner is liable to the department for
1530 documented damages resulting from the utility’s failure to
1531 comply with the utility relocation schedule, including any delay
1532 costs incurred by the contractor and approved by the department.
1533 Within 45 days after receipt of written notification from the
1534 department that the utility owner is liable for damages, the
1535 utility owner must pay to the department the amount for which
1536 the utility owner is liable or request mediation pursuant to
1537 subsection (3).
1538 (3)(a) The department shall establish mediation boards to
1539 resolve disputes that arise between the department and utilities
1540 concerning any of the following:
1541 1. A utility relocation schedule or revised utility
1542 relocation schedule that has been submitted by the utility owner
1543 but not approved by the department.
1544 2. A contractor’s claim, approved by the department, for
1545 delay costs or other damages related to the utility’s work.
1546 3. Any matter related to the removal, relocation, or
1547 adjustment of the utility’s facilities pursuant to this section.
1548 (b) The department shall establish mediation board
1549 procedures, which must include all of the following:
1550 1. Each mediation board shall be composed of one mediator
1551 designated by the department, one mediator designated by the
1552 utility owner, and one mediator mutually selected by the
1553 department’s designee and the utility owner’s designee who shall
1554 serve as the presiding officer of the mediation board.
1555 2. The mediation board shall hold a hearing for each
1556 dispute submitted to the mediation board for resolution. The
1557 mediation board shall provide notice of the hearing to each
1558 party involved in the dispute and afford each party an
1559 opportunity to present evidence at the hearing.
1560 3. Decisions on issues presented to the mediation board
1561 must be made by a majority vote of the mediators.
1562 4. The mediation board shall issue a final decision in
1563 writing for each dispute submitted to the mediation board for
1564 resolution and shall serve a copy of the final decision on each
1565 party to the dispute.
1566 5. Final decisions of the mediation board are subject to de
1567 novo review in the Second Judicial Circuit Court in and for Leon
1568 County by way of a petition for judicial review filed by the
1569 department or the utility owner within 30 days after service of
1570 the final decision.
1571 (c) The members of the mediation board shall receive
1572 compensation for the performance of their duties from deposits
1573 made by the parties based on an estimate of compensation by the
1574 mediation board. All deposits will be held in escrow by the
1575 chair in advance of the hearing. Each member shall be
1576 compensated at $200 per hour, up to a maximum of $1,500 per day.
1577 A member shall be reimbursed for the actual cost of his or her
1578 travel expenses. The mediation board may allocate funds for
1579 clerical and other administrative services.
1580 (d) The department may establish a list of qualified
1581 mediators and adopt rules to administer this subsection,
1582 including procedures for the mediation of a contested case.
1583 Section 19. Present subsection (10) of section 339.175,
1584 Florida Statutes, is redesignated as subsection (11), a new
1585 subsection (10) is added to that section, and subsection (1),
1586 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
1587 subsection (6), paragraphs (a), (b), and (d) of subsection (7),
1588 and present subsection (11) of that section are amended, to
1589 read:
1590 339.175 Metropolitan planning organization.—
1591 (1) PURPOSE.—It is the intent of the Legislature to
1592 encourage and promote the safe and efficient management,
1593 operation, and development of multimodal surface transportation
1594 systems that will serve the mobility needs of people and freight
1595 and foster economic growth and development within and through
1596 urbanized areas of this state while balancing conservation of
1597 natural resources minimizing transportation-related fuel
1598 consumption, air pollution, and greenhouse gas emissions through
1599 metropolitan transportation planning processes identified in
1600 this section. To accomplish these objectives, metropolitan
1601 planning organizations, referred to in this section as M.P.O.’s,
1602 shall develop, in cooperation with the state and public transit
1603 operators, transportation plans and programs for metropolitan
1604 areas. The plans and programs for each metropolitan area must
1605 provide for the development and integrated management and
1606 operation of transportation systems and facilities, including
1607 pedestrian walkways and bicycle transportation facilities that
1608 will function as an intermodal transportation system for the
1609 metropolitan area, based upon the prevailing principles provided
1610 in s. 334.046(1). The process for developing such plans and
1611 programs shall provide for consideration of all modes of
1612 transportation and shall be continuing, cooperative, and
1613 comprehensive, to the degree appropriate, based on the
1614 complexity of the transportation problems to be addressed. To
1615 ensure that the process is integrated with the statewide
1616 planning process, M.P.O.’s shall develop plans and programs that
1617 identify transportation facilities that should function as an
1618 integrated metropolitan transportation system, giving emphasis
1619 to facilities that serve important national, state, and regional
1620 transportation functions. For the purposes of this section,
1621 those facilities include the facilities on the Strategic
1622 Intermodal System designated under s. 339.63 and facilities for
1623 which projects have been identified pursuant to s. 339.2819(4).
1624 (2) DESIGNATION.—
1625 (a)1. An M.P.O. shall be designated for each urbanized area
1626 of the state; however, this does not require that an individual
1627 M.P.O. be designated for each such area. Such designation shall
1628 be accomplished by agreement between the Governor and units of
1629 general-purpose local government representing at least 75
1630 percent of the population of the urbanized area; however, the
1631 unit of general-purpose local government that represents the
1632 central city or cities within the M.P.O. jurisdiction, as
1633 defined by the United States Bureau of the Census, must be a
1634 party to such agreement.
1635 2. To the extent possible, only one M.P.O. shall be
1636 designated for each urbanized area or group of contiguous
1637 urbanized areas. More than one M.P.O. may be designated within
1638 an existing urbanized area only if the Governor and the existing
1639 M.P.O. determine that the size and complexity of the existing
1640 urbanized area makes the designation of more than one M.P.O. for
1641 the area appropriate. After July 1, 2025, no additional M.P.O.’s
1642 may be designated in this state except in urbanized areas, as
1643 defined by the United States Census Bureau, where the urbanized
1644 area boundary is not contiguous to an urbanized area designated
1645 before the 2020 census, in which case each M.P.O. designated for
1646 the area must:
1647 a. Consult with every other M.P.O. designated for the
1648 urbanized area and the state to coordinate plans and
1649 transportation improvement programs.
1650 b. Ensure, to the maximum extent practicable, the
1651 consistency of data used in the planning process, including data
1652 used in forecasting travel demand within the urbanized area.
1653
1654 Each M.P.O. required under this section must be fully operative
1655 no later than 6 months following its designation.
1656 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1657 privileges, and authority of an M.P.O. are those specified in
1658 this section or incorporated in an interlocal agreement
1659 authorized under s. 163.01. Each M.P.O. shall perform all acts
1660 required by federal or state laws or rules, now and subsequently
1661 applicable, which are necessary to qualify for federal aid. It
1662 is the intent of this section that each M.P.O. be involved in
1663 the planning and programming of transportation facilities,
1664 including, but not limited to, airports, intercity and high
1665 speed rail lines, seaports, and intermodal facilities, to the
1666 extent permitted by state or federal law. An M.P.O. may not
1667 perform project production or delivery for capital improvement
1668 projects on the State Highway System.
1669 (b) In developing the long-range transportation plan and
1670 the transportation improvement program required under paragraph
1671 (a), each M.P.O. shall provide for consideration of projects and
1672 strategies that will:
1673 1. Support the economic vitality of the contiguous
1674 urbanized metropolitan area, especially by enabling global
1675 competitiveness, productivity, and efficiency.
1676 2. Increase the safety and security of the transportation
1677 system for motorized and nonmotorized users.
1678 3. Increase the accessibility and mobility options
1679 available to people and for freight.
1680 4. Protect and enhance the environment, conserve natural
1681 resources promote energy conservation, and improve quality of
1682 life.
1683 5. Enhance the integration and connectivity of the
1684 transportation system, across and between modes and contiguous
1685 urbanized metropolitan areas, for people and freight.
1686 6. Promote efficient system management and operation.
1687 7. Emphasize the preservation of the existing
1688 transportation system.
1689 8. Improve the resilience of transportation infrastructure.
1690 9. Reduce traffic and congestion.
1691 (i) By December 31, 2023, the M.P.O.’s serving
1692 Hillsborough, Pasco, and Pinellas Counties must submit a
1693 feasibility report to the Governor, the President of the Senate,
1694 and the Speaker of the House of Representatives exploring the
1695 benefits, costs, and process of consolidation into a single
1696 M.P.O. serving the contiguous urbanized area, the goal of which
1697 would be to:
1698 1. Coordinate transportation projects deemed to be
1699 regionally significant.
1700 2. Review the impact of regionally significant land use
1701 decisions on the region.
1702 3. Review all proposed regionally significant
1703 transportation projects in the transportation improvement
1704 programs.
1705 (i)1.(j)1. To more fully accomplish the purposes for which
1706 M.P.O.’s have been mandated, the department shall, at least
1707 annually, convene M.P.O.’s of similar size, based on the size of
1708 population served, for the purpose of exchanging best practices.
1709 M.P.O.’s may shall develop committees or working groups as
1710 needed to accomplish such purpose. At the discretion of the
1711 department, training for new M.P.O. governing board members
1712 shall be provided by the department, by an entity pursuant to a
1713 contract with the department, by the Florida Center for Urban
1714 Transportation Research, or by the Implementing Solutions from
1715 Transportation Research and Evaluation of Emerging Technologies
1716 (I-STREET) living lab coordination mechanisms with one another
1717 to expand and improve transportation within the state. The
1718 appropriate method of coordination between M.P.O.’s shall vary
1719 depending upon the project involved and given local and regional
1720 needs. Consequently, it is appropriate to set forth a flexible
1721 methodology that can be used by M.P.O.’s to coordinate with
1722 other M.P.O.’s and appropriate political subdivisions as
1723 circumstances demand.
1724 2. Any M.P.O. may join with any other M.P.O. or any
1725 individual political subdivision to coordinate activities or to
1726 achieve any federal or state transportation planning or
1727 development goals or purposes consistent with federal or state
1728 law. When an M.P.O. determines that it is appropriate to join
1729 with another M.P.O. or any political subdivision to coordinate
1730 activities, the M.P.O. or political subdivision shall enter into
1731 an interlocal agreement pursuant to s. 163.01, which, at a
1732 minimum, creates a separate legal or administrative entity to
1733 coordinate the transportation planning or development activities
1734 required to achieve the goal or purpose; provides the purpose
1735 for which the entity is created; provides the duration of the
1736 agreement and the entity and specifies how the agreement may be
1737 terminated, modified, or rescinded; describes the precise
1738 organization of the entity, including who has voting rights on
1739 the governing board, whether alternative voting members are
1740 provided for, how voting members are appointed, and what the
1741 relative voting strength is for each constituent M.P.O. or
1742 political subdivision; provides the manner in which the parties
1743 to the agreement will provide for the financial support of the
1744 entity and payment of costs and expenses of the entity; provides
1745 the manner in which funds may be paid to and disbursed from the
1746 entity; and provides how members of the entity will resolve
1747 disagreements regarding interpretation of the interlocal
1748 agreement or disputes relating to the operation of the entity.
1749 Such interlocal agreement shall become effective upon its
1750 recordation in the official public records of each county in
1751 which a member of the entity created by the interlocal agreement
1752 has a voting member. Multiple M.P.O.’s may merge, combine, or
1753 otherwise join together as a single M.P.O.
1754 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
1755 develop a long-range transportation plan that addresses at least
1756 a 20-year planning horizon. The plan must include both long
1757 range and short-range strategies and must comply with all other
1758 state and federal requirements. The prevailing principles to be
1759 considered in the long-range transportation plan are: preserving
1760 the existing transportation infrastructure; enhancing Florida’s
1761 economic competitiveness; and improving travel choices to ensure
1762 mobility. The long-range transportation plan must be consistent,
1763 to the maximum extent feasible, with future land use elements
1764 and the goals, objectives, and policies of the approved local
1765 government comprehensive plans of the units of local government
1766 located within the jurisdiction of the M.P.O. Each M.P.O. is
1767 encouraged to consider strategies that integrate transportation
1768 and land use planning to provide for sustainable development and
1769 reduce greenhouse gas emissions. The approved long-range
1770 transportation plan must be considered by local governments in
1771 the development of the transportation elements in local
1772 government comprehensive plans and any amendments thereto. The
1773 long-range transportation plan must, at a minimum:
1774 (a) Identify transportation facilities, including, but not
1775 limited to, major roadways, airports, seaports, spaceports,
1776 commuter rail systems, transit systems, and intermodal or
1777 multimodal terminals that will function as an integrated
1778 metropolitan transportation system. The long-range
1779 transportation plan must give emphasis to those transportation
1780 facilities that serve national, statewide, or regional
1781 functions, and must consider the goals and objectives identified
1782 in the Florida Transportation Plan as provided in s. 339.155. If
1783 a project is located within the boundaries of more than one
1784 M.P.O., the M.P.O.’s must coordinate plans regarding the project
1785 in the long-range transportation plan. Multiple M.P.O.’s within
1786 a contiguous urbanized area must coordinate the development of
1787 long-range transportation plans to be reviewed by the
1788 Metropolitan Planning Organization Advisory Council.
1789 (b) Include a financial plan that demonstrates how the plan
1790 can be implemented, indicating resources from public and private
1791 sources which are reasonably expected to be available to carry
1792 out the plan, and recommends any additional financing strategies
1793 for needed projects and programs. The financial plan may
1794 include, for illustrative purposes, additional projects that
1795 would be included in the adopted long-range transportation plan
1796 if reasonable additional resources beyond those identified in
1797 the financial plan were available. For the purpose of developing
1798 the long-range transportation plan, the M.P.O. and the
1799 department shall cooperatively develop estimates of funds that
1800 will be available to support the plan implementation. Innovative
1801 financing techniques may be used to fund needed projects and
1802 programs. Such techniques may include the assessment of tolls,
1803 public-private partnerships, the use of value capture financing,
1804 or the use of value pricing. Multiple M.P.O.’s within a
1805 contiguous urbanized area must ensure, to the maximum extent
1806 possible, the consistency of data used in the planning process.
1807 (d) Indicate, as appropriate, proposed transportation
1808 enhancement activities, including, but not limited to,
1809 pedestrian and bicycle facilities, trails or facilities that are
1810 regionally significant or critical linkages for the Florida
1811 Shared-Use Nonmotorized Trail Network, scenic easements,
1812 landscaping, integration of advanced air mobility, and
1813 integration of autonomous and electric vehicles, electric
1814 bicycles, and motorized scooters used for freight, commuter, or
1815 micromobility purposes historic preservation, mitigation of
1816 water pollution due to highway runoff, and control of outdoor
1817 advertising.
1818
1819 In the development of its long-range transportation plan, each
1820 M.P.O. must provide the public, affected public agencies,
1821 representatives of transportation agency employees, freight
1822 shippers, providers of freight transportation services, private
1823 providers of transportation, representatives of users of public
1824 transit, and other interested parties with a reasonable
1825 opportunity to comment on the long-range transportation plan.
1826 The long-range transportation plan must be approved by the
1827 M.P.O.
1828 (10) AGREEMENTS; ACCOUNTABILITY.—
1829 (a) Each M.P.O. may execute a written agreement with the
1830 department, which shall be reviewed, and updated as necessary,
1831 every 5 years, which clearly establishes the cooperative
1832 relationship essential to accomplish the transportation planning
1833 requirements of state and federal law. Roles, responsibilities,
1834 and expectations for accomplishing consistency with federal and
1835 state requirements and priorities must be set forth in the
1836 agreement. In addition, the agreement must set forth the
1837 M.P.O.’s responsibility, in collaboration with the department,
1838 to identify, prioritize, and present to the department a
1839 complete list of multimodal transportation projects consistent
1840 with the needs of the metropolitan planning area. It is the
1841 department’s responsibility to program projects in the state
1842 transportation improvement program.
1843 (b) The department must establish, in collaboration with
1844 each M.P.O., quality performance metrics, such as safety,
1845 infrastructure condition, congestion relief, and mobility. Each
1846 M.P.O. must, as part of its long-range transportation plan, in
1847 direct coordination with the department, develop targets for
1848 each performance measure within the metropolitan planning area
1849 boundary. The performance targets must support efficient and
1850 safe movement of people and goods both within the metropolitan
1851 planning area and between regions. Each M.P.O. must report
1852 progress toward establishing performance targets for each
1853 measure annually in its transportation improvement plan. The
1854 department shall evaluate and post on its website whether each
1855 M.P.O. has made significant progress toward its target for the
1856 applicable reporting period.
1857 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
1858 (a) A Metropolitan Planning Organization Advisory Council
1859 is created to augment, and not supplant, the role of the
1860 individual M.P.O.’s in the cooperative transportation planning
1861 process described in this section.
1862 (b) The council shall consist of one representative from
1863 each M.P.O. and shall elect a chairperson annually from its
1864 number. Each M.P.O. shall also elect an alternate representative
1865 from each M.P.O. to vote in the absence of the representative.
1866 Members of the council do not receive any compensation for their
1867 services, but may be reimbursed from funds made available to
1868 council members for travel and per diem expenses incurred in the
1869 performance of their council duties as provided in s. 112.061.
1870 (c) The powers and duties of the Metropolitan Planning
1871 Organization Advisory Council are to:
1872 1. Establish bylaws by action of its governing board
1873 providing procedural rules to guide its proceedings and
1874 consideration of matters before the council, or, alternatively,
1875 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
1876 provisions of law conferring powers or duties upon it.
1877 2. Assist M.P.O.’s in carrying out the urbanized area
1878 transportation planning process by serving as the principal
1879 forum for collective policy discussion pursuant to law.
1880 3. Serve as a clearinghouse for review and comment by
1881 M.P.O.’s on the Florida Transportation Plan and on other issues
1882 required to comply with federal or state law in carrying out the
1883 urbanized area transportation and systematic planning processes
1884 instituted pursuant to s. 339.155. The council must also report
1885 annually to the Florida Transportation Commission on the
1886 alignment of M.P.O. long-range transportation plans with the
1887 Florida Transportation Plan.
1888 4. Employ an executive director and such other staff as
1889 necessary to perform adequately the functions of the council,
1890 within budgetary limitations. The executive director and staff
1891 are exempt from part II of chapter 110 and serve at the
1892 direction and control of the council. The council is assigned to
1893 the Office of the Secretary of the Department of Transportation
1894 for fiscal and accountability purposes, but it shall otherwise
1895 function independently of the control and direction of the
1896 department.
1897 5. Deliver training on federal and state program
1898 requirements and procedures to M.P.O. board members and M.P.O.
1899 staff.
1900 6. Adopt an agency strategic plan that prioritizes steps
1901 the agency will take to carry out its mission within the context
1902 of the state comprehensive plan and any other statutory mandates
1903 and directives.
1904 (d) The Metropolitan Planning Organization Advisory Council
1905 may enter into contracts in accordance with chapter 287 to
1906 support the activities described in paragraph (c). Lobbying and
1907 the acceptance of funds, grants, assistance, gifts, or bequests
1908 from private, local, state, or federal sources are prohibited.
1909 Section 20. Subsection (4) of section 339.65, Florida
1910 Statutes, is amended to read:
1911 339.65 Strategic Intermodal System highway corridors.—
1912 (4) The department shall develop and maintain a plan of
1913 Strategic Intermodal System highway corridor projects that are
1914 anticipated to be let to contract for construction within a time
1915 period of at least 20 years. The department shall prioritize
1916 projects affecting gaps in a corridor so that the corridor
1917 becomes contiguous in its functional characteristics across the
1918 corridor. The plan must shall also identify when segments of the
1919 corridor will meet the standards and criteria developed pursuant
1920 to subsection (5).
1921 Section 21. Subsection (5) of section 125.42, Florida
1922 Statutes, is amended to read:
1923 125.42 Water, sewage, gas, power, telephone, other utility,
1924 and television lines within the right-of-way limits of county
1925 roads and highways.—
1926 (5) In the event of widening, repair, or reconstruction of
1927 any such road, the licensee shall move or remove such water,
1928 sewage, gas, power, telephone, and other utility lines and
1929 television lines at no cost to the county should they be found
1930 by the county to be unreasonably interfering, except as provided
1931 in s. 337.403(1)(e)-(k) s. 337.403(1)(d)-(j).
1932 Section 22. Paragraph (b) of subsection (2) of section
1933 202.20, Florida Statutes, is amended to read:
1934 202.20 Local communications services tax conversion rates.—
1935 (2)
1936 (b) Except as otherwise provided in this subsection,
1937 “replaced revenue sources,” as used in this section, means the
1938 following taxes, charges, fees, or other impositions to the
1939 extent that the respective local taxing jurisdictions were
1940 authorized to impose them prior to July 1, 2000.
1941 1. With respect to municipalities and charter counties and
1942 the taxes authorized by s. 202.19(1):
1943 a. The public service tax on telecommunications authorized
1944 by former s. 166.231(9).
1945 b. Franchise fees on cable service providers as authorized
1946 by 47 U.S.C. s. 542.
1947 c. The public service tax on prepaid calling arrangements.
1948 d. Franchise fees on dealers of communications services
1949 which use the public roads or rights-of-way, up to the limit set
1950 forth in s. 337.401. For purposes of calculating rates under
1951 this section, it is the legislative intent that charter counties
1952 be treated as having had the same authority as municipalities to
1953 impose franchise fees on recurring local telecommunication
1954 service revenues prior to July 1, 2000. However, the Legislature
1955 recognizes that the authority of charter counties to impose such
1956 fees is in dispute, and the treatment provided in this section
1957 is not an expression of legislative intent that charter counties
1958 actually do or do not possess such authority.
1959 e. Actual permit fees relating to placing or maintaining
1960 facilities in or on public roads or rights-of-way, collected
1961 from providers of long-distance, cable, and mobile
1962 communications services for the fiscal year ending September 30,
1963 1999; however, if a municipality or charter county elects the
1964 option to charge permit fees pursuant to s. 337.401(4)(c) s.
1965 337.401(3)(c), such fees shall not be included as a replaced
1966 revenue source.
1967 2. With respect to all other counties and the taxes
1968 authorized in s. 202.19(1), franchise fees on cable service
1969 providers as authorized by 47 U.S.C. s. 542.
1970 Section 23. Paragraph (e) of subsection (2) of section
1971 331.310, Florida Statutes, is amended to read:
1972 331.310 Powers and duties of the board of directors.—
1973 (2) The board of directors shall:
1974 (e) Prepare an annual report of operations as a supplement
1975 to the annual report required under s. 331.3051(15) s.
1976 331.3051(16). The report must include, but not be limited to, a
1977 balance sheet, an income statement, a statement of changes in
1978 financial position, a reconciliation of changes in equity
1979 accounts, a summary of significant accounting principles, the
1980 auditor’s report, a summary of the status of existing and
1981 proposed bonding projects, comments from management about the
1982 year’s business, and prospects for the next year.
1983 Section 24. Section 610.106, Florida Statutes, is amended
1984 to read:
1985 610.106 Franchise fees prohibited.—Except as otherwise
1986 provided in this chapter, the department may not impose any
1987 taxes, fees, charges, or other impositions on a cable or video
1988 service provider as a condition for the issuance of a state
1989 issued certificate of franchise authority. No municipality or
1990 county may impose any taxes, fees, charges, or other exactions
1991 on certificateholders in connection with use of public right-of
1992 way as a condition of a certificateholder doing business in the
1993 municipality or county, or otherwise, except such taxes, fees,
1994 charges, or other exactions permitted by chapter 202, s.
1995 337.401(7) s. 337.401(6), or s. 610.117.
1996 Section 25. For the purpose of incorporating the amendment
1997 made by this act to section 332.004, Florida Statutes, in a
1998 reference thereto, subsection (1) of section 332.115, Florida
1999 Statutes, is reenacted to read:
2000 332.115 Joint project agreement with port district for
2001 transportation corridor between airport and port facility.—
2002 (1) An eligible agency may acquire, construct, and operate
2003 all equipment, appurtenances, and land necessary to establish,
2004 maintain, and operate, or to license others to establish,
2005 maintain, operate, or use, a transportation corridor connecting
2006 an airport operated by such eligible agency with a port
2007 facility, which corridor must be acquired, constructed, and used
2008 for the transportation of persons between the airport and the
2009 port facility, for the transportation of cargo, and for the
2010 location and operation of lines for the transmission of water,
2011 electricity, communications, information, petroleum products,
2012 products of a public utility (including new technologies of a
2013 public utility nature), and materials. However, any such
2014 corridor may be established and operated only pursuant to a
2015 joint project agreement between an eligible agency as defined in
2016 s. 332.004 and a port district as defined in s. 315.02, and such
2017 agreement must be approved by the Department of Transportation
2018 and the Department of Commerce. Before the Department of
2019 Transportation approves the joint project agreement, that
2020 department must review the public purpose and necessity for the
2021 corridor pursuant to s. 337.273(5) and must also determine that
2022 the proposed corridor is consistent with the Florida
2023 Transportation Plan. Before the Department of Commerce approves
2024 the joint project agreement, that department must determine that
2025 the proposed corridor is consistent with the applicable local
2026 government comprehensive plans. An affected local government may
2027 provide its comments regarding the consistency of the proposed
2028 corridor with its comprehensive plan to the Department of
2029 Commerce.
2030 Section 26. (1) The Legislature finds that the widening of
2031 Interstate 4, from U.S. 27 in Polk County to Interstate 75 in
2032 Hillsborough County, is in the public interest and the strategic
2033 interest of the region to improve the movement of people and
2034 goods.
2035 (2) The Department of Transportation shall develop a report
2036 on widening Interstate 4, from U.S. 27 in Polk County to
2037 Interstate 75 in Hillsborough County, as efficiently as possible
2038 which includes, but is not limited to, detailed cost projections
2039 and schedules for project development and environment studies,
2040 design, acquisition of rights-of-way, and construction. The
2041 report must identify funding shortfalls and provide strategies
2042 to address such shortfalls, including, but not limited to, the
2043 use of express lane toll revenues generated on the Interstate 4
2044 corridor and available department funds for public-private
2045 partnerships. The Department of Transportation shall submit the
2046 report by December 31, 2025, to the Governor, the President of
2047 the Senate, and the Speaker of the House of Representatives.
2048 Section 27. This act shall take effect July 1, 2025.