Florida Senate - 2025 CS for CS for SB 462
By the Committees on Regulated Industries; and Transportation;
and Senator DiCeglie
580-03186-25 2025462c2
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. 339.175, F.S.;
69 revising legislative intent; revising requirements for
70 the designation of additional metropolitan planning
71 organizations (M.P.O.’s); revising projects and
72 strategies to be considered in developing an M.P.O.’s
73 long-range transportation plan and transportation
74 improvement program; deleting obsolete provisions;
75 requiring the department to convene M.P.O.’s of
76 similar size to exchange best practices at least
77 annually; authorizing M.P.O.’s to develop committees
78 or working groups; requiring training for new M.P.O.
79 governing board members to be provided by the
80 department or another specified entity; deleting
81 provisions relating to M.P.O. coordination mechanisms;
82 including public-private partnerships in authorized
83 financing techniques; revising proposed transportation
84 enhancement activities that must be indicated by the
85 long-range transportation plan; authorizing each
86 M.P.O. to execute a written agreement with the
87 department regarding state and federal transportation
88 planning requirements; requiring the department, in
89 collaboration with M.P.O.’s, to establish certain
90 quality performance metrics and develop certain
91 performance targets; requiring the department to
92 evaluate and post on its website whether each M.P.O.
93 has made significant progress toward such targets;
94 deleting provisions relating to the Metropolitan
95 Planning Organization Advisory Council; amending s.
96 339.65, F.S.; requiring the department to prioritize
97 certain Strategic Intermodal System highway corridor
98 projects; amending s. 348.0304, F.S.; revising
99 membership of the governing body of the Greater Miami
100 Expressway Agency; amending s. 331.310, F.S.;
101 conforming a cross-reference; reenacting s.
102 332.115(1), F.S., relating to joint project agreements
103 with port districts for transportation corridors
104 between airports and port facilities, to incorporate
105 the amendment made to s. 332.004, F.S., in a reference
106 thereto; providing a legislative finding; requiring
107 the department to develop a report on widening
108 Interstate 4; providing requirements for the report;
109 requiring the department to submit the report to the
110 Governor and the Legislature by a specified date;
111 providing an effective date.
112
113 Be It Enacted by the Legislature of the State of Florida:
114
115 Section 1. Paragraph (d) of subsection (6) of section
116 212.20, Florida Statutes, is amended to read:
117 212.20 Funds collected, disposition; additional powers of
118 department; operational expense; refund of taxes adjudicated
119 unconstitutionally collected.—
120 (6) Distribution of all proceeds under this chapter and ss.
121 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
122 (d) The proceeds of all other taxes and fees imposed
123 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
124 and (2)(b) shall be distributed as follows:
125 1. In any fiscal year, the greater of $500 million, minus
126 an amount equal to 4.6 percent of the proceeds of the taxes
127 collected pursuant to chapter 201, or 5.2 percent of all other
128 taxes and fees imposed pursuant to this chapter or remitted
129 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
130 monthly installments into the General Revenue Fund.
131 2. After the distribution under subparagraph 1., 8.9744
132 percent of the amount remitted by a sales tax dealer located
133 within a participating county pursuant to s. 218.61 shall be
134 transferred into the Local Government Half-cent Sales Tax
135 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
136 transferred shall be reduced by 0.1 percent, and the department
137 shall distribute this amount to the Public Employees Relations
138 Commission Trust Fund less $5,000 each month, which shall be
139 added to the amount calculated in subparagraph 3. and
140 distributed accordingly.
141 3. After the distribution under subparagraphs 1. and 2.,
142 0.0966 percent shall be transferred to the Local Government
143 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
144 to s. 218.65.
145 4. After the distributions under subparagraphs 1., 2., and
146 3., 2.0810 percent of the available proceeds shall be
147 transferred monthly to the Revenue Sharing Trust Fund for
148 Counties pursuant to s. 218.215.
149 5. After the distributions under subparagraphs 1., 2., and
150 3., 1.3653 percent of the available proceeds shall be
151 transferred monthly to the Revenue Sharing Trust Fund for
152 Municipalities pursuant to s. 218.215. If the total revenue to
153 be distributed pursuant to this subparagraph is at least as
154 great as the amount due from the Revenue Sharing Trust Fund for
155 Municipalities and the former Municipal Financial Assistance
156 Trust Fund in state fiscal year 1999-2000, no municipality shall
157 receive less than the amount due from the Revenue Sharing Trust
158 Fund for Municipalities and the former Municipal Financial
159 Assistance Trust Fund in state fiscal year 1999-2000. If the
160 total proceeds to be distributed are less than the amount
161 received in combination from the Revenue Sharing Trust Fund for
162 Municipalities and the former Municipal Financial Assistance
163 Trust Fund in state fiscal year 1999-2000, each municipality
164 shall receive an amount proportionate to the amount it was due
165 in state fiscal year 1999-2000.
166 6. Of the remaining proceeds:
167 a. In each fiscal year, the sum of $29,915,500 shall be
168 divided into as many equal parts as there are counties in the
169 state, and one part shall be distributed to each county. The
170 distribution among the several counties must begin each fiscal
171 year on or before January 5th and continue monthly for a total
172 of 4 months. If a local or special law required that any moneys
173 accruing to a county in fiscal year 1999-2000 under the then
174 existing provisions of s. 550.135 be paid directly to the
175 district school board, special district, or a municipal
176 government, such payment must continue until the local or
177 special law is amended or repealed. The state covenants with
178 holders of bonds or other instruments of indebtedness issued by
179 local governments, special districts, or district school boards
180 before July 1, 2000, that it is not the intent of this
181 subparagraph to adversely affect the rights of those holders or
182 relieve local governments, special districts, or district school
183 boards of the duty to meet their obligations as a result of
184 previous pledges or assignments or trusts entered into which
185 obligated funds received from the distribution to county
186 governments under then-existing s. 550.135. This distribution
187 specifically is in lieu of funds distributed under s. 550.135
188 before July 1, 2000.
189 b. The department shall distribute $166,667 monthly to each
190 applicant certified as a facility for a new or retained
191 professional sports franchise pursuant to s. 288.1162. Up to
192 $41,667 shall be distributed monthly by the department to each
193 certified applicant as defined in s. 288.11621 for a facility
194 for a spring training franchise. However, not more than $416,670
195 may be distributed monthly in the aggregate to all certified
196 applicants for facilities for spring training franchises.
197 Distributions begin 60 days after such certification and
198 continue for not more than 30 years, except as otherwise
199 provided in s. 288.11621. A certified applicant identified in
200 this sub-subparagraph may not receive more in distributions than
201 expended by the applicant for the public purposes provided in s.
202 288.1162(5) or s. 288.11621(3).
203 c. The department shall distribute up to $83,333 monthly to
204 each certified applicant as defined in s. 288.11631 for a
205 facility used by a single spring training franchise, or up to
206 $166,667 monthly to each certified applicant as defined in s.
207 288.11631 for a facility used by more than one spring training
208 franchise. Monthly distributions begin 60 days after such
209 certification or July 1, 2016, whichever is later, and continue
210 for not more than 20 years to each certified applicant as
211 defined in s. 288.11631 for a facility used by a single spring
212 training franchise or not more than 25 years to each certified
213 applicant as defined in s. 288.11631 for a facility used by more
214 than one spring training franchise. A certified applicant
215 identified in this sub-subparagraph may not receive more in
216 distributions than expended by the applicant for the public
217 purposes provided in s. 288.11631(3).
218 d. The department shall distribute $15,333 monthly to the
219 State Transportation Trust Fund.
220 e.(I) On or before July 25, 2021, August 25, 2021, and
221 September 25, 2021, the department shall distribute $324,533,334
222 in each of those months to the Unemployment Compensation Trust
223 Fund, less an adjustment for refunds issued from the General
224 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
225 distribution. The adjustments made by the department to the
226 total distributions shall be equal to the total refunds made
227 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
228 subtracted from any single distribution exceeds the
229 distribution, the department may not make that distribution and
230 must subtract the remaining balance from the next distribution.
231 (II) Beginning July 2022, and on or before the 25th day of
232 each month, the department shall distribute $90 million monthly
233 to the Unemployment Compensation Trust Fund.
234 (III) If the ending balance of the Unemployment
235 Compensation Trust Fund exceeds $4,071,519,600 on the last day
236 of any month, as determined from United States Department of the
237 Treasury data, the Office of Economic and Demographic Research
238 shall certify to the department that the ending balance of the
239 trust fund exceeds such amount.
240 (IV) This sub-subparagraph is repealed, and the department
241 shall end monthly distributions under sub-sub-subparagraph (II),
242 on the date the department receives certification under sub-sub
243 subparagraph (III).
244 f. Beginning July 1, 2023, in each fiscal year, the
245 department shall distribute $27.5 million to the Florida
246 Agricultural Promotional Campaign Trust Fund under s. 571.26,
247 for further distribution in accordance with s. 571.265.
248 g. To account for the impact of electric and hybrid
249 vehicles on the state highway system and the use of taxes
250 collected from motorists when charging such vehicles, beginning
251 July 2025, and reassessed every 5 fiscal years, on or before the
252 25th day of each month thereafter, of the portion of the
253 proceeds of the tax imposed under s. 212.05(1)(e)1.c., the
254 department shall distribute $4.167 million to the State
255 Transportation Trust Fund.
256 7. All other proceeds must remain in the General Revenue
257 Fund.
258 Section 2. Section 218.3215, Florida Statutes, is created
259 to read:
260 218.3215 County transportation project data.—Each county
261 shall annually provide the Department of Transportation with
262 uniform project data. The data must conform to the county’s
263 fiscal year and must include details on transportation revenues
264 by source of taxes or fees, expenditure of such revenues for
265 projects that were funded, and any unexpended balance for the
266 fiscal year. The data must also include project details,
267 including the project cost, location, and scope. The scope of
268 the project must be categorized broadly using a category such as
269 widening, repair and rehabilitation, or sidewalks. The data must
270 specify which projects the revenues not dedicated to specific
271 projects are supporting. The Department of Transportation shall
272 inform each county of the method and required format for
273 submitting the data. The Department of Transportation shall
274 compile the data and publish such compilation on its website.
275 Section 3. Subsection (2) of section 316.183, Florida
276 Statutes, is amended to read:
277 316.183 Unlawful speed.—
278 (2) On all streets or highways, the maximum speed limits
279 for all vehicles must be 30 miles per hour in business or
280 residence districts, and 55 miles per hour at any time at all
281 other locations. However, with respect to a residence district,
282 a county or municipality may set a maximum speed limit of 20 or
283 25 miles per hour on local streets and highways after an
284 investigation determines that such a limit is reasonable. It is
285 not necessary to conduct a separate investigation for each
286 residence district. The Department of Transportation shall
287 determine the safe and advisable minimum speed limit on all
288 highways that comprise a part of the National System of
289 Interstate and Defense Highways and have at least not fewer than
290 four lanes is 40 miles per hour, except that when the posted
291 speed limit is 70 miles per hour, the minimum speed limit is 50
292 miles per hour.
293 Section 4. Subsection (2) of section 316.187, Florida
294 Statutes, is amended to read:
295 316.187 Establishment of state speed zones.—
296 (2)(a) The maximum allowable speed limit on limited access
297 highways is 75 70 miles per hour.
298 (b) The maximum allowable speed limit on any other highway
299 that which is outside an urban area of 5,000 or more persons and
300 that which has at least four lanes divided by a median strip is
301 70 65 miles per hour.
302 (c) The Department of Transportation is authorized to set
303 such maximum and minimum speed limits for travel over other
304 roadways under its authority as it deems safe and advisable, not
305 to exceed as a maximum limit 65 60 miles per hour.
306 Section 5. Subsection (14) of section 331.3051, Florida
307 Statutes, is amended to read:
308 331.3051 Duties of Space Florida.—Space Florida shall:
309 (14) Partner with the Metropolitan Planning Organization
310 Advisory Council to coordinate and specify how aerospace
311 planning and programming will be part of the state’s cooperative
312 transportation planning process.
313 Section 6. Subsections (4), (5), (7), and (8) of section
314 332.004, Florida Statutes, are amended to read:
315 332.004 Definitions of terms used in ss. 332.003-332.007.
316 As used in ss. 332.003-332.007, the term:
317 (4) “Airport or aviation development project” or
318 “development project” means any activity associated with the
319 design, construction, purchase, improvement, or repair of a
320 public-use airport or portion thereof, including, but not
321 limited to: the purchase of equipment; the acquisition of land,
322 including land required as a condition of a federal, state, or
323 local permit or agreement for environmental mitigation; off
324 airport noise mitigation projects; the removal, lowering,
325 relocation, marking, and lighting of airport hazards; the
326 installation of navigation aids used by aircraft in landing at
327 or taking off from a public-use public airport; the installation
328 of safety equipment required by rule or regulation for
329 certification of the airport under s. 612 of the Federal
330 Aviation Act of 1958, and amendments thereto; and the
331 improvement of access to the airport by road or rail system
332 which is on airport property and which is consistent, to the
333 maximum extent feasible, with the approved local government
334 comprehensive plan of the units of local government in which the
335 airport is located.
336 (5) “Airport or aviation discretionary capacity improvement
337 projects” or “discretionary capacity improvement projects” means
338 capacity improvements which are consistent, to the maximum
339 extent feasible, with the approved local government
340 comprehensive plans of the units of local government in which
341 the public-use airport is located, and which enhance
342 intercontinental capacity at airports which:
343 (a) Are international airports with United States Bureau of
344 Customs and Border Protection;
345 (b) Had one or more regularly scheduled intercontinental
346 flights during the previous calendar year or have an agreement
347 in writing for installation of one or more regularly scheduled
348 intercontinental flights upon the commitment of funds for
349 stipulated airport capital improvements; and
350 (c) Have available or planned public ground transportation
351 between the airport and other major transportation facilities.
352 (7) “Eligible agency” means a political subdivision of the
353 state or an authority, or a public-private partnership through a
354 lease or an agreement under s. 255.065 with a political
355 subdivision of the state or an authority, which owns or seeks to
356 develop a public-use airport.
357 (8) “Federal aid” means funds made available from the
358 Federal Government for the accomplishment of public-use airport
359 or aviation development projects.
360 Section 7. Subsections (4) and (8) of section 332.006,
361 Florida Statutes, are amended to read:
362 332.006 Duties and responsibilities of the Department of
363 Transportation.—The Department of Transportation shall, within
364 the resources provided pursuant to chapter 216:
365 (4) Upon request, provide financial and technical
366 assistance to public agencies that own which operate public-use
367 airports by making department personnel and department-owned
368 facilities and equipment available on a cost-reimbursement basis
369 to such agencies for special needs of limited duration. The
370 requirement relating to reimbursement of personnel costs may be
371 waived by the department in those cases in which the assistance
372 provided by its personnel was of a limited nature or duration.
373 (8) Encourage the maximum allocation of federal funds to
374 local public-use airport projects in this state.
375 Section 8. Paragraphs (a) and (c) of subsection (4),
376 subsection (6), paragraphs (a) and (d) of subsection (7), and
377 subsections (8) and (10) of section 332.007, Florida Statutes,
378 are amended, and subsection (11) is added to that section, to
379 read:
380 332.007 Administration and financing of aviation and
381 airport programs and projects; state plan.—
382 (4)(a) The annual legislative budget request for aviation
383 and airport development projects shall be based on the funding
384 required for development projects in the aviation and airport
385 work program. The department shall provide priority funding in
386 support of the planning, design, and construction of proposed
387 projects by local sponsors of public-use airports, with special
388 emphasis on projects for runways and taxiways, including the
389 painting and marking of runways and taxiways, lighting, other
390 related airside activities, and airport access transportation
391 facility projects on airport property.
392 (c) No single airport shall secure airport or aviation
393 development project funds in excess of 25 percent of the total
394 airport or aviation development project funds available in any
395 given budget year. However, any public-use airport which
396 receives discretionary capacity improvement project funds in a
397 given fiscal year shall not receive greater than 10 percent of
398 total aviation and airport development project funds
399 appropriated in that fiscal year.
400 (6) Subject to the availability of appropriated funds, the
401 department may participate in the capital cost of eligible
402 public-use public airport and aviation development projects in
403 accordance with the following rates, unless otherwise provided
404 in the General Appropriations Act or the substantive bill
405 implementing the General Appropriations Act:
406 (a) The department may fund up to 50 percent of the portion
407 of eligible project costs which are not funded by the Federal
408 Government, except that the department may initially fund up to
409 75 percent of the cost of land acquisition for a new airport or
410 for the expansion of an existing airport which is owned and
411 operated by a municipality, a county, or an authority, and shall
412 be reimbursed to the normal statutory project share when federal
413 funds become available or within 10 years after the date of
414 acquisition, whichever is earlier. Due to federal budgeting
415 constraints, the department may also initially fund the federal
416 portion of eligible project costs subject to:
417 1. The department receiving adequate assurance from the
418 Federal Government or local sponsor that this amount will be
419 reimbursed to the department; and
420 2. The department having adequate funds in the work program
421 to fund the project.
422
423 Such projects must be contained in the Federal Government’s
424 Airport Capital Improvement Program, and the Federal Government
425 must fund, or have funded, the first year of the project.
426 (b) The department may retroactively reimburse cities,
427 counties, or airport authorities up to 50 percent of the
428 nonfederal share for land acquisition when such land is needed
429 for airport safety, expansion, tall structure control, clear
430 zone protection, or noise impact reduction. No land purchased
431 prior to July 1, 1990, or purchased prior to executing the
432 required department agreements shall be eligible for
433 reimbursement.
434 (c) When federal funds are not available, the department
435 may fund up to 80 percent of master planning and eligible
436 aviation development projects at public-use publicly owned,
437 publicly operated airports. If federal funds are available, the
438 department may fund up to 80 percent of the nonfederal share of
439 such projects. Such funding is limited to general aviation
440 airports, or commercial service airports that have fewer than
441 100,000 passenger boardings per year as determined by the
442 Federal Aviation Administration.
443 (d) The department is authorized to fund up to 100 percent
444 of the cost of an eligible project that is statewide in scope or
445 that involves more than one county where no other governmental
446 entity or appropriate jurisdiction exists.
447 (7) Subject to the availability of appropriated funds in
448 addition to aviation fuel tax revenues, the department may
449 participate in the capital cost of eligible public airport and
450 aviation discretionary capacity improvement projects. The annual
451 legislative budget request shall be based on the funding
452 required for discretionary capacity improvement projects in the
453 aviation and airport work program.
454 (a) The department shall provide priority funding in
455 support of:
456 1. Land acquisition which provides additional capacity at
457 the qualifying international airport or at that airport’s
458 supplemental air carrier airport.
459 2. Runway and taxiway projects that add capacity or are
460 necessary to accommodate technological changes in the aviation
461 industry.
462 3. Public-use airport access transportation projects that
463 improve direct airport access and are approved by the airport
464 sponsor.
465 4. International terminal projects that increase
466 international gate capacity.
467 (d) The department may fund up to 50 percent of the portion
468 of eligible project costs which are not funded by the Federal
469 Government except that the department may initially fund up to
470 75 percent of the cost of land acquisition for a new public-use
471 airport or for the expansion of an existing public-use airport
472 which is owned and operated by a municipality, a county, or an
473 authority, and shall be reimbursed to the normal statutory
474 project share when federal funds become available or within 10
475 years after the date of acquisition, whichever is earlier.
476 (8) The department may also fund eligible projects
477 performed by not-for-profit organizations that represent a
478 majority of public airports in this state. Eligible projects may
479 include activities associated with aviation master planning,
480 professional education, safety and security planning, enhancing
481 economic development and efficiency at airports in this state,
482 or other planning efforts to improve the viability of public-use
483 airports in this state.
484 (10) Subject to the availability of appropriated funds, and
485 unless otherwise provided in the General Appropriations Act or
486 the substantive bill implementing the General Appropriations
487 Act, the department may fund up to 100 percent of eligible
488 project costs of all of the following at a public-use publicly
489 owned, publicly operated airport located in a rural community as
490 defined in s. 288.0656 which does not have any scheduled
491 commercial service:
492 (a) The capital cost of runway and taxiway projects that
493 add capacity. Such projects must be prioritized based on the
494 amount of available nonstate matching funds.
495 (b) Economic development transportation projects pursuant
496 to s. 339.2821.
497
498 Any remaining funds must be allocated for projects specified in
499 subsection (6).
500 (11) Notwithstanding any other provisions of law, a
501 municipality, a county, or an authority that owns a public-use
502 airport may participate in the Federal Aviation Administration
503 Airport Investment Partnership Program under federal law by
504 contracting with a private partner to operate the airport under
505 lease or agreement. Subject to the availability of appropriated
506 funds from aviation fuel tax revenues, the department may
507 provide for improvements under this section to a municipality, a
508 county, or an authority that has a private partner under the
509 Airport Investment Partnership Program for the capital cost of a
510 discretionary improvement project at a public-use airport.
511 Section 9. Subsections (6) and (35) of section 334.044,
512 Florida Statutes, are amended to read:
513 334.044 Powers and duties of the department.—The department
514 shall have the following general powers and duties:
515 (6) To acquire, by the exercise of the power of eminent
516 domain as provided by law, all property or property rights,
517 whether public or private, which it may determine are necessary
518 to the performance of its duties and the execution of its
519 powers, including, but not limited to, in advance to preserve a
520 corridor for future proposed improvements.
521 (35) To expend funds for provide a construction workforce
522 development program, in consultation with affected stakeholders,
523 for delivery of projects designated in the department’s work
524 program. The department may annually expend up to $5 million
525 from the State Transportation Trust Fund for fiscal years 2025
526 2026 through 2029-2030 in grants to state colleges and school
527 districts, with priority given to state colleges and school
528 districts in counties that are rural communities as defined in
529 s. 288.0656(2), for the purchase of equipment simulators with
530 authentic original equipment manufacturer controls and a
531 companion curriculum, for the purchase of instructional aids for
532 use in conjunction with the equipment simulators, and to support
533 offering an elective course in heavy civil construction which
534 must, at a minimum, provide the student with an Occupational
535 Safety and Health Administration 10-hour certification and a
536 fill equipment simulator certification.
537 Section 10. Subsection (3) of section 334.065, Florida
538 Statutes, is amended to read:
539 334.065 Center for Urban Transportation Research.—
540 (3) An advisory board shall be created to periodically and
541 objectively review and advise the center concerning its research
542 program. Except for projects mandated by law, state-funded base
543 projects shall not be undertaken without approval of the
544 advisory board. The membership of the board shall be composed
545 consist of nine experts in transportation-related areas, as
546 follows:
547 (a) A member appointed by the President of the Senate.
548 (b) A member appointed by the Speaker of the House of
549 Representatives.
550 (c) The Secretary of Transportation, or his or her
551 designee.
552 (d) The Secretary of Commerce, or his or her designee.
553 including the secretaries of the Department of Transportation,
554 the Department of Environmental Protection, and the Department
555 of Commerce, or their designees, and
556 (e) A member of the Florida Transportation Commission.
557 (f) The nomination of the remaining four members of the
558 board shall be made to the President of the University of South
559 Florida by the College of Engineering at the University of South
560 Florida., and The appointment of these members must be reviewed
561 and approved by the Florida Transportation Commission and
562 confirmed by the Board of Governors.
563 Section 11. Section 334.63, Florida Statutes, is created to
564 read:
565 334.63 Project concept studies and project development and
566 environment studies.—
567 (1) Project concept studies and project development and
568 environment studies for capacity improvement projects on limited
569 access facilities must include the evaluation of alternatives
570 that provide transportation capacity using elevated roadway
571 above existing lanes.
572 (2) Project development and environment studies for new
573 alignment projects and capacity improvement projects must be
574 completed within 18 months after the date of commencement.
575 Section 12. Subsections (1) and (4), paragraph (b) of
576 subsection (7), and subsection (15) of section 337.11, Florida
577 Statutes, are amended to read:
578 337.11 Contracting authority of department; bids; emergency
579 repairs, supplemental agreements, and change orders; combined
580 design and construction contracts; progress payments; records;
581 requirements of vehicle registration.—
582 (1) The department shall have authority to enter into
583 contracts for the construction and maintenance of all roads
584 designated as part of the State Highway System or the State Park
585 Road System or of any roads placed under its supervision by law.
586 The department shall also have authority to enter into contracts
587 for the construction and maintenance of rest areas, weigh
588 stations, and other structures, including roads, parking areas,
589 supporting facilities and associated buildings used in
590 connection with such facilities. A contractor who enters into
591 such a contract with the department provides a service to the
592 department, and such contract does not However, no such contract
593 shall create any third-party beneficiary rights in any person
594 not a party to the contract.
595 (4)(a) Except as provided in paragraph (b), the department
596 may award the proposed construction and maintenance work to the
597 lowest responsible bidder, or in the instance of a time-plus
598 money contract, the lowest evaluated responsible bidder, or it
599 may reject all bids and proceed to rebid the work in accordance
600 with subsection (2) or otherwise perform the work.
601 (b) Notwithstanding any other provision of law to the
602 contrary:
603 1. If the department receives bids outside the award
604 criteria set forth by the department, the department must:
605 a. Arrange an in-person meeting with the lowest responsive,
606 responsible bidder to determine why the bids are over the
607 department’s estimate and may subsequently award the contract to
608 the lowest responsive, responsible bidder at its discretion;
609 b. Reject all bids and proceed to rebid the work in
610 accordance with subsection (2); or
611 c. Invite all responsive, responsible bidders to provide
612 best and final offers without filing a protest or posting a bond
613 under paragraph (5)(a). If the department thereafter awards the
614 contract, the award must be to the bidder that presents the
615 lowest best and final offer.
616 2. If the department intends to reject all bids on any
617 project after announcing, but before posting official notice of,
618 such intent, the department must provide to the lowest
619 responsive, responsible bidder the opportunity to negotiate the
620 scope of work with a corresponding reduction in price, as
621 provided in the bid, to provide a best and final offer without
622 filing a protest or posting a bond under paragraph (5)(a). Upon
623 reaching a decision regarding the lowest bidder’s best and final
624 offer, the department must post notice of final agency action to
625 either reject all bids or accept the best and final offer.
626 (c) This subsection does not prohibit the filing of a
627 protest by any bidder or alter the deadlines provided in s.
628 120.57.
629 (d) Notwithstanding the requirements of ss. 120.57(3)(c)
630 and 287.057(25), upon receipt of a formal written protest that
631 is timely filed, the department may continue the process
632 provided in this subsection but may not take final agency action
633 as to the lowest bidder except as part of the department’s final
634 agency action in the protest or upon dismissal of the protest by
635 the protesting party.
636 (7)
637 (b) If the department determines that it is in the best
638 interests of the public, the department may combine the design
639 and construction phases of a project fully funded in the work
640 program into a single contract and select the design-build firm
641 in the early stages of a project to ensure that the design-build
642 firm is part of the collaboration and development of the design
643 as part of a step-by-step progression through construction. Such
644 a contract is referred to as a phased design-build contract. For
645 phased design-build contracts, selection and award must include
646 a two-phase process. For phase one, the department shall
647 competitively award the contract to a design-build firm based
648 upon qualifications, provided that the department receives at
649 least three statements of qualifications from qualified design
650 build firms. If during phase one the department elects to enter
651 into contracts with more than one design-build firm based upon
652 qualifications, the department must competitively award the
653 contract for phase two to a single design-build firm. For phase
654 two, the design-build firm may self-perform portions of the work
655 and shall competitively bid construction trade subcontractor
656 packages and, based upon these bids, negotiate with the
657 department a fixed firm price or guaranteed maximum price that
658 meets the project budget and scope as advertised in the request
659 for qualifications.
660 (15) Each contract let by the department for performance of
661 bridge construction or maintenance over navigable waters must
662 contain a provision requiring marine general liability
663 insurance, in an amount to be determined by the department,
664 which covers third-party personal injury and property damage
665 caused by vessels used by the contractor in the performance of
666 the work. For a contract let by the department on or after July
667 1, 2025, such insurance must include protection and indemnity
668 coverage, which may be covered by endorsement on the marine
669 general liability insurance policy or may be a separate policy.
670 Section 13. Subsection (3) is added to section 337.1101,
671 Florida Statutes, to read:
672 337.1101 Contracting and procurement authority of the
673 department; settlements; notification required.—
674 (3) The department may not, through a settlement of a
675 protest filed in accordance with s. 120.57(3) of the award of a
676 contract being procured pursuant to s. 337.11 or related to the
677 purchase of commodities or contractual services being procured
678 pursuant to s. 287.057, create a new contract unless the new
679 contract is competitively procured.
680 Section 14. Subsections (1), (2), and (8) of section
681 337.14, Florida Statutes, are amended to read:
682 337.14 Application for qualification; certificate of
683 qualification; restrictions; request for hearing.—
684 (1) Any contractor desiring to bid for the performance of
685 any construction contract in excess of $250,000 which the
686 department proposes to let must first be certified by the
687 department as qualified pursuant to this section and rules of
688 the department. The rules of the department must address the
689 qualification of contractors to bid on construction contracts in
690 excess of $250,000 and must include requirements with respect to
691 the equipment, past record, experience, financial resources, and
692 organizational personnel of the applying contractor which are
693 necessary to perform the specific class of work for which the
694 contractor seeks certification. Any contractor who desires to
695 bid on contracts in excess of $50 million and who is not
696 qualified and in good standing with the department as of January
697 1, 2019, must first be certified by the department as qualified
698 and must have satisfactorily completed two projects, each in
699 excess of $15 million, for the department or for any other state
700 department of transportation. The department may limit the
701 dollar amount of any contract upon which a contractor is
702 qualified to bid or the aggregate total dollar volume of
703 contracts such contractor is allowed to have under contract at
704 any one time. Each applying contractor seeking qualification to
705 bid on construction contracts in excess of $250,000 shall
706 furnish the department a statement under oath, on such forms as
707 the department may prescribe, setting forth detailed information
708 as required on the application. Each application for
709 certification must be accompanied by audited, certified
710 financial statements prepared in accordance with generally
711 accepted accounting principles and auditing standards by a
712 certified public accountant licensed in this state or another
713 state. The audited, certified financial statements must be for
714 the applying contractor and must have been prepared within the
715 immediately preceding 12 months. The department may not consider
716 any financial information of the parent entity of the applying
717 contractor, if any. The department may not certify as qualified
718 any applying contractor who fails to submit the audited,
719 certified financial statements required by this subsection. If
720 the application or the annual financial statement shows the
721 financial condition of the applying contractor more than 4
722 months before the date on which the application is received by
723 the department, the applicant must also submit interim audited,
724 certified financial statements prepared in accordance with
725 generally accepted accounting principles and auditing standards
726 by a certified public accountant licensed in this state or
727 another state. The interim financial statements must cover the
728 period from the end date of the annual statement and must show
729 the financial condition of the applying contractor no more than
730 4 months before the date that the interim financial statements
731 are received by the department. However, upon the request of the
732 applying contractor, an application and accompanying annual or
733 interim financial statement received by the department within 15
734 days after either 4-month period under this subsection shall be
735 considered timely. An applying contractor desiring to bid
736 exclusively for the performance of construction contracts with
737 proposed budget estimates of less than $2 million may submit
738 reviewed annual or reviewed interim financial statements
739 prepared by a certified public accountant. The information
740 required by this subsection is confidential and exempt from s.
741 119.07(1). The department shall act upon the application for
742 qualification within 30 days after the department determines
743 that the application is complete. The department may waive the
744 requirements of this subsection for projects having a contract
745 price of $1 million or less which have diverse scopes of work
746 that may or may not be performed or $500,000 or less if the
747 department determines that the project is of a noncritical
748 nature and the waiver will not endanger public health, safety,
749 or property. Contracts for projects that have diverse scopes of
750 work that may or may not be performed are typically referred to
751 as push-button or task work order contracts.
752 (2) Certification is shall be necessary in order to bid on
753 a road, bridge, or public transportation construction contract
754 of more than $250,000. However, the successful bidder on any
755 construction contract must furnish a contract bond before prior
756 to the award of the contract. The department may waive the
757 requirement for all or a portion of a contract bond for
758 contracts of $250,000 $150,000 or less under s. 337.18(1).
759 (8) This section does not apply to maintenance contracts.
760 Notwithstanding any provision of law to the contrary, a
761 contractor seeking to bid on a maintenance contract that
762 predominantly includes repair and replacement of safety
763 appurtenances, including, but not limited to, guardrails,
764 attenuators, traffic signals, and striping, must possess the
765 prescribed qualifications, equipment, record, and experience to
766 perform such repair and replacement.
767 Section 15. Subsections (4) and (5) of section 337.185,
768 Florida Statutes, are amended to read:
769 337.185 State Arbitration Board.—
770 (4) The contractor may submit a claim greater than $250,000
771 up to $2 $1 million per contract or, upon agreement of the
772 parties, greater than up to $2 million per contract to be
773 arbitrated by the board. An award issued by the board pursuant
774 to this subsection is final if a request for a trial de novo is
775 not filed within the time provided by Rule 1.830, Florida Rules
776 of Civil Procedure. At the trial de novo, the court may not
777 admit evidence that there has been an arbitration proceeding,
778 the nature or amount of the award, or any other matter
779 concerning the conduct of the arbitration proceeding, except
780 that testimony given in connection with at an arbitration
781 hearing may be used for any purpose otherwise permitted by the
782 Florida Evidence Code. If a request for trial de novo is not
783 filed within the time provided, the award issued by the board is
784 final and enforceable by a court of law.
785 (5) An arbitration request may not be made to the board
786 before final acceptance but must be made to the board within 820
787 days after final acceptance or within 360 days after written
788 notice by the department of a claim related to a written
789 warranty or defect after final acceptance.
790 Section 16. Present subsection (10) of section 339.175,
791 Florida Statutes, is redesignated as subsection (11), a new
792 subsection (10) is added to that section, and subsection (1),
793 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
794 subsection (6), paragraphs (a), (b), and (d) of subsection (7),
795 and present subsection (11) of that section are amended, to
796 read:
797 339.175 Metropolitan planning organization.—
798 (1) PURPOSE.—It is the intent of the Legislature to
799 encourage and promote the safe and efficient management,
800 operation, and development of multimodal surface transportation
801 systems that will serve the mobility needs of people and freight
802 and foster economic growth and development within and through
803 urbanized areas of this state while balancing conservation of
804 natural resources minimizing transportation-related fuel
805 consumption, air pollution, and greenhouse gas emissions through
806 metropolitan transportation planning processes identified in
807 this section. To accomplish these objectives, metropolitan
808 planning organizations, referred to in this section as M.P.O.’s,
809 shall develop, in cooperation with the state and public transit
810 operators, transportation plans and programs for metropolitan
811 areas. The plans and programs for each metropolitan area must
812 provide for the development and integrated management and
813 operation of transportation systems and facilities, including
814 pedestrian walkways and bicycle transportation facilities that
815 will function as an intermodal transportation system for the
816 metropolitan area, based upon the prevailing principles provided
817 in s. 334.046(1). The process for developing such plans and
818 programs shall provide for consideration of all modes of
819 transportation and shall be continuing, cooperative, and
820 comprehensive, to the degree appropriate, based on the
821 complexity of the transportation problems to be addressed. To
822 ensure that the process is integrated with the statewide
823 planning process, M.P.O.’s shall develop plans and programs that
824 identify transportation facilities that should function as an
825 integrated metropolitan transportation system, giving emphasis
826 to facilities that serve important national, state, and regional
827 transportation functions. For the purposes of this section,
828 those facilities include the facilities on the Strategic
829 Intermodal System designated under s. 339.63 and facilities for
830 which projects have been identified pursuant to s. 339.2819(4).
831 (2) DESIGNATION.—
832 (a)1. An M.P.O. shall be designated for each urbanized area
833 of the state; however, this does not require that an individual
834 M.P.O. be designated for each such area. Such designation shall
835 be accomplished by agreement between the Governor and units of
836 general-purpose local government representing at least 75
837 percent of the population of the urbanized area; however, the
838 unit of general-purpose local government that represents the
839 central city or cities within the M.P.O. jurisdiction, as
840 defined by the United States Bureau of the Census, must be a
841 party to such agreement.
842 2. To the extent possible, only one M.P.O. shall be
843 designated for each urbanized area or group of contiguous
844 urbanized areas. More than one M.P.O. may be designated within
845 an existing urbanized area only if the Governor and the existing
846 M.P.O. determine that the size and complexity of the existing
847 urbanized area makes the designation of more than one M.P.O. for
848 the area appropriate. After July 1, 2025, no additional M.P.O.’s
849 may be designated in this state except in urbanized areas, as
850 defined by the United States Census Bureau, where the urbanized
851 area boundary is not contiguous to an urbanized area designated
852 before the 2020 census, in which case each M.P.O. designated for
853 the area must:
854 a. Consult with every other M.P.O. designated for the
855 urbanized area and the state to coordinate plans and
856 transportation improvement programs.
857 b. Ensure, to the maximum extent practicable, the
858 consistency of data used in the planning process, including data
859 used in forecasting travel demand within the urbanized area.
860
861 Each M.P.O. required under this section must be fully operative
862 no later than 6 months following its designation.
863 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
864 privileges, and authority of an M.P.O. are those specified in
865 this section or incorporated in an interlocal agreement
866 authorized under s. 163.01. Each M.P.O. shall perform all acts
867 required by federal or state laws or rules, now and subsequently
868 applicable, which are necessary to qualify for federal aid. It
869 is the intent of this section that each M.P.O. be involved in
870 the planning and programming of transportation facilities,
871 including, but not limited to, airports, intercity and high
872 speed rail lines, seaports, and intermodal facilities, to the
873 extent permitted by state or federal law. An M.P.O. may not
874 perform project production or delivery for capital improvement
875 projects on the State Highway System.
876 (b) In developing the long-range transportation plan and
877 the transportation improvement program required under paragraph
878 (a), each M.P.O. shall provide for consideration of projects and
879 strategies that will:
880 1. Support the economic vitality of the contiguous
881 urbanized metropolitan area, especially by enabling global
882 competitiveness, productivity, and efficiency.
883 2. Increase the safety and security of the transportation
884 system for motorized and nonmotorized users.
885 3. Increase the accessibility and mobility options
886 available to people and for freight.
887 4. Protect and enhance the environment, conserve natural
888 resources promote energy conservation, and improve quality of
889 life.
890 5. Enhance the integration and connectivity of the
891 transportation system, across and between modes and contiguous
892 urbanized metropolitan areas, for people and freight.
893 6. Promote efficient system management and operation.
894 7. Emphasize the preservation of the existing
895 transportation system.
896 8. Improve the resilience of transportation infrastructure.
897 9. Reduce traffic and congestion.
898 (i) By December 31, 2023, the M.P.O.’s serving
899 Hillsborough, Pasco, and Pinellas Counties must submit a
900 feasibility report to the Governor, the President of the Senate,
901 and the Speaker of the House of Representatives exploring the
902 benefits, costs, and process of consolidation into a single
903 M.P.O. serving the contiguous urbanized area, the goal of which
904 would be to:
905 1. Coordinate transportation projects deemed to be
906 regionally significant.
907 2. Review the impact of regionally significant land use
908 decisions on the region.
909 3. Review all proposed regionally significant
910 transportation projects in the transportation improvement
911 programs.
912 (i)1.(j)1. To more fully accomplish the purposes for which
913 M.P.O.’s have been mandated, the department shall, at least
914 annually, convene M.P.O.’s of similar size, based on the size of
915 population served, for the purpose of exchanging best practices.
916 M.P.O.’s may shall develop committees or working groups as
917 needed to accomplish such purpose. At the discretion of the
918 department, training for new M.P.O. governing board members
919 shall be provided by the department, by an entity pursuant to a
920 contract with the department, by the Florida Center for Urban
921 Transportation Research, or by the Implementing Solutions from
922 Transportation Research and Evaluation of Emerging Technologies
923 (I-STREET) living lab coordination mechanisms with one another
924 to expand and improve transportation within the state. The
925 appropriate method of coordination between M.P.O.’s shall vary
926 depending upon the project involved and given local and regional
927 needs. Consequently, it is appropriate to set forth a flexible
928 methodology that can be used by M.P.O.’s to coordinate with
929 other M.P.O.’s and appropriate political subdivisions as
930 circumstances demand.
931 2. Any M.P.O. may join with any other M.P.O. or any
932 individual political subdivision to coordinate activities or to
933 achieve any federal or state transportation planning or
934 development goals or purposes consistent with federal or state
935 law. When an M.P.O. determines that it is appropriate to join
936 with another M.P.O. or any political subdivision to coordinate
937 activities, the M.P.O. or political subdivision shall enter into
938 an interlocal agreement pursuant to s. 163.01, which, at a
939 minimum, creates a separate legal or administrative entity to
940 coordinate the transportation planning or development activities
941 required to achieve the goal or purpose; provides the purpose
942 for which the entity is created; provides the duration of the
943 agreement and the entity and specifies how the agreement may be
944 terminated, modified, or rescinded; describes the precise
945 organization of the entity, including who has voting rights on
946 the governing board, whether alternative voting members are
947 provided for, how voting members are appointed, and what the
948 relative voting strength is for each constituent M.P.O. or
949 political subdivision; provides the manner in which the parties
950 to the agreement will provide for the financial support of the
951 entity and payment of costs and expenses of the entity; provides
952 the manner in which funds may be paid to and disbursed from the
953 entity; and provides how members of the entity will resolve
954 disagreements regarding interpretation of the interlocal
955 agreement or disputes relating to the operation of the entity.
956 Such interlocal agreement shall become effective upon its
957 recordation in the official public records of each county in
958 which a member of the entity created by the interlocal agreement
959 has a voting member. Multiple M.P.O.’s may merge, combine, or
960 otherwise join together as a single M.P.O.
961 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
962 develop a long-range transportation plan that addresses at least
963 a 20-year planning horizon. The plan must include both long
964 range and short-range strategies and must comply with all other
965 state and federal requirements. The prevailing principles to be
966 considered in the long-range transportation plan are: preserving
967 the existing transportation infrastructure; enhancing Florida’s
968 economic competitiveness; and improving travel choices to ensure
969 mobility. The long-range transportation plan must be consistent,
970 to the maximum extent feasible, with future land use elements
971 and the goals, objectives, and policies of the approved local
972 government comprehensive plans of the units of local government
973 located within the jurisdiction of the M.P.O. Each M.P.O. is
974 encouraged to consider strategies that integrate transportation
975 and land use planning to provide for sustainable development and
976 reduce greenhouse gas emissions. The approved long-range
977 transportation plan must be considered by local governments in
978 the development of the transportation elements in local
979 government comprehensive plans and any amendments thereto. The
980 long-range transportation plan must, at a minimum:
981 (a) Identify transportation facilities, including, but not
982 limited to, major roadways, airports, seaports, spaceports,
983 commuter rail systems, transit systems, and intermodal or
984 multimodal terminals that will function as an integrated
985 metropolitan transportation system. The long-range
986 transportation plan must give emphasis to those transportation
987 facilities that serve national, statewide, or regional
988 functions, and must consider the goals and objectives identified
989 in the Florida Transportation Plan as provided in s. 339.155. If
990 a project is located within the boundaries of more than one
991 M.P.O., the M.P.O.’s must coordinate plans regarding the project
992 in the long-range transportation plan. Multiple M.P.O.’s within
993 a contiguous urbanized area must coordinate the development of
994 long-range transportation plans to be reviewed by the
995 Metropolitan Planning Organization Advisory Council.
996 (b) Include a financial plan that demonstrates how the plan
997 can be implemented, indicating resources from public and private
998 sources which are reasonably expected to be available to carry
999 out the plan, and recommends any additional financing strategies
1000 for needed projects and programs. The financial plan may
1001 include, for illustrative purposes, additional projects that
1002 would be included in the adopted long-range transportation plan
1003 if reasonable additional resources beyond those identified in
1004 the financial plan were available. For the purpose of developing
1005 the long-range transportation plan, the M.P.O. and the
1006 department shall cooperatively develop estimates of funds that
1007 will be available to support the plan implementation. Innovative
1008 financing techniques may be used to fund needed projects and
1009 programs. Such techniques may include the assessment of tolls,
1010 public-private partnerships, the use of value capture financing,
1011 or the use of value pricing. Multiple M.P.O.’s within a
1012 contiguous urbanized area must ensure, to the maximum extent
1013 possible, the consistency of data used in the planning process.
1014 (d) Indicate, as appropriate, proposed transportation
1015 enhancement activities, including, but not limited to,
1016 pedestrian and bicycle facilities, trails or facilities that are
1017 regionally significant or critical linkages for the Florida
1018 Shared-Use Nonmotorized Trail Network, scenic easements,
1019 landscaping, integration of advanced air mobility, and
1020 integration of autonomous and electric vehicles, electric
1021 bicycles, and motorized scooters used for freight, commuter, or
1022 micromobility purposes historic preservation, mitigation of
1023 water pollution due to highway runoff, and control of outdoor
1024 advertising.
1025
1026 In the development of its long-range transportation plan, each
1027 M.P.O. must provide the public, affected public agencies,
1028 representatives of transportation agency employees, freight
1029 shippers, providers of freight transportation services, private
1030 providers of transportation, representatives of users of public
1031 transit, and other interested parties with a reasonable
1032 opportunity to comment on the long-range transportation plan.
1033 The long-range transportation plan must be approved by the
1034 M.P.O.
1035 (10) AGREEMENTS; ACCOUNTABILITY.—
1036 (a) Each M.P.O. may execute a written agreement with the
1037 department, which shall be reviewed, and updated as necessary,
1038 every 5 years, which clearly establishes the cooperative
1039 relationship essential to accomplish the transportation planning
1040 requirements of state and federal law. Roles, responsibilities,
1041 and expectations for accomplishing consistency with federal and
1042 state requirements and priorities must be set forth in the
1043 agreement. In addition, the agreement must set forth the
1044 M.P.O.’s responsibility, in collaboration with the department,
1045 to identify, prioritize, and present to the department a
1046 complete list of multimodal transportation projects consistent
1047 with the needs of the metropolitan planning area. It is the
1048 department’s responsibility to program projects in the state
1049 transportation improvement program.
1050 (b) The department must establish, in collaboration with
1051 each M.P.O., quality performance metrics, such as safety,
1052 infrastructure condition, congestion relief, and mobility. Each
1053 M.P.O. must, as part of its long-range transportation plan, in
1054 direct coordination with the department, develop targets for
1055 each performance measure within the metropolitan planning area
1056 boundary. The performance targets must support efficient and
1057 safe movement of people and goods both within the metropolitan
1058 planning area and between regions. Each M.P.O. must report
1059 progress toward establishing performance targets for each
1060 measure annually in its transportation improvement plan. The
1061 department shall evaluate and post on its website whether each
1062 M.P.O. has made significant progress toward its target for the
1063 applicable reporting period.
1064 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
1065 (a) A Metropolitan Planning Organization Advisory Council
1066 is created to augment, and not supplant, the role of the
1067 individual M.P.O.’s in the cooperative transportation planning
1068 process described in this section.
1069 (b) The council shall consist of one representative from
1070 each M.P.O. and shall elect a chairperson annually from its
1071 number. Each M.P.O. shall also elect an alternate representative
1072 from each M.P.O. to vote in the absence of the representative.
1073 Members of the council do not receive any compensation for their
1074 services, but may be reimbursed from funds made available to
1075 council members for travel and per diem expenses incurred in the
1076 performance of their council duties as provided in s. 112.061.
1077 (c) The powers and duties of the Metropolitan Planning
1078 Organization Advisory Council are to:
1079 1. Establish bylaws by action of its governing board
1080 providing procedural rules to guide its proceedings and
1081 consideration of matters before the council, or, alternatively,
1082 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
1083 provisions of law conferring powers or duties upon it.
1084 2. Assist M.P.O.’s in carrying out the urbanized area
1085 transportation planning process by serving as the principal
1086 forum for collective policy discussion pursuant to law.
1087 3. Serve as a clearinghouse for review and comment by
1088 M.P.O.’s on the Florida Transportation Plan and on other issues
1089 required to comply with federal or state law in carrying out the
1090 urbanized area transportation and systematic planning processes
1091 instituted pursuant to s. 339.155. The council must also report
1092 annually to the Florida Transportation Commission on the
1093 alignment of M.P.O. long-range transportation plans with the
1094 Florida Transportation Plan.
1095 4. Employ an executive director and such other staff as
1096 necessary to perform adequately the functions of the council,
1097 within budgetary limitations. The executive director and staff
1098 are exempt from part II of chapter 110 and serve at the
1099 direction and control of the council. The council is assigned to
1100 the Office of the Secretary of the Department of Transportation
1101 for fiscal and accountability purposes, but it shall otherwise
1102 function independently of the control and direction of the
1103 department.
1104 5. Deliver training on federal and state program
1105 requirements and procedures to M.P.O. board members and M.P.O.
1106 staff.
1107 6. Adopt an agency strategic plan that prioritizes steps
1108 the agency will take to carry out its mission within the context
1109 of the state comprehensive plan and any other statutory mandates
1110 and directives.
1111 (d) The Metropolitan Planning Organization Advisory Council
1112 may enter into contracts in accordance with chapter 287 to
1113 support the activities described in paragraph (c). Lobbying and
1114 the acceptance of funds, grants, assistance, gifts, or bequests
1115 from private, local, state, or federal sources are prohibited.
1116 Section 17. Subsection (4) of section 339.65, Florida
1117 Statutes, is amended to read:
1118 339.65 Strategic Intermodal System highway corridors.—
1119 (4) The department shall develop and maintain a plan of
1120 Strategic Intermodal System highway corridor projects that are
1121 anticipated to be let to contract for construction within a time
1122 period of at least 20 years. The department shall prioritize
1123 projects affecting gaps in a corridor so that the corridor
1124 becomes contiguous in its functional characteristics across the
1125 corridor. The plan must shall also identify when segments of the
1126 corridor will meet the standards and criteria developed pursuant
1127 to subsection (5).
1128 Section 18. Paragraph (a) of subsection (3) of section
1129 348.0304, Florida Statutes, is amended to read:
1130 348.0304 Greater Miami Expressway Agency.—
1131 (3)(a) The governing body of the agency shall consist of
1132 nine voting members. Except for the district secretary of the
1133 department, each member must be a permanent resident of a county
1134 served by the agency and may not hold, or have held in the
1135 previous 2 years, elected or appointed office in such county,
1136 except that this paragraph does not apply to any initial
1137 appointment under paragraph (b) or to any member who previously
1138 served on the governing body of the former Greater Miami
1139 Expressway Agency. Each member may only serve two terms of 4
1140 years each, except that there is no restriction on the term of
1141 the department’s district secretary. Four members, each of whom
1142 must be a permanent resident of Miami-Dade County, shall be
1143 appointed by the Governor, subject to confirmation by the Senate
1144 at the next regular session of the Legislature. Refusal or
1145 failure of the Senate to confirm an appointment shall create a
1146 vacancy. Appointments made by the Governor and board of county
1147 commissioners of Miami-Dade County shall reflect the state’s
1148 interests in the transportation sector and represent the intent,
1149 duties, and purpose of the Greater Miami Expressway Agency, and
1150 have at least 3 years of professional experience in one or more
1151 of the following areas: finance; land use planning; tolling
1152 industry; or transportation engineering. Two members, who must
1153 be residents of an unincorporated portion of the geographic area
1154 described in subsection (1) and residing within 15 miles of an
1155 area with the highest amount of agency toll road roads, shall be
1156 appointed by the board of county commissioners of Miami-Dade
1157 County. Two members, who must be residents of incorporated
1158 municipalities within a county served by the agency, shall be
1159 appointed by the metropolitan planning organization for a county
1160 served by the agency. The district secretary of the department
1161 serving in the district that contains Miami-Dade County shall
1162 serve as an ex officio voting member of the governing body.
1163 Section 19. Paragraph (e) of subsection (2) of section
1164 331.310, Florida Statutes, is amended to read:
1165 331.310 Powers and duties of the board of directors.—
1166 (2) The board of directors shall:
1167 (e) Prepare an annual report of operations as a supplement
1168 to the annual report required under s. 331.3051(15) s.
1169 331.3051(16). The report must include, but not be limited to, a
1170 balance sheet, an income statement, a statement of changes in
1171 financial position, a reconciliation of changes in equity
1172 accounts, a summary of significant accounting principles, the
1173 auditor’s report, a summary of the status of existing and
1174 proposed bonding projects, comments from management about the
1175 year’s business, and prospects for the next year.
1176 Section 20. For the purpose of incorporating the amendment
1177 made by this act to section 332.004, Florida Statutes, in a
1178 reference thereto, subsection (1) of section 332.115, Florida
1179 Statutes, is reenacted to read:
1180 332.115 Joint project agreement with port district for
1181 transportation corridor between airport and port facility.—
1182 (1) An eligible agency may acquire, construct, and operate
1183 all equipment, appurtenances, and land necessary to establish,
1184 maintain, and operate, or to license others to establish,
1185 maintain, operate, or use, a transportation corridor connecting
1186 an airport operated by such eligible agency with a port
1187 facility, which corridor must be acquired, constructed, and used
1188 for the transportation of persons between the airport and the
1189 port facility, for the transportation of cargo, and for the
1190 location and operation of lines for the transmission of water,
1191 electricity, communications, information, petroleum products,
1192 products of a public utility (including new technologies of a
1193 public utility nature), and materials. However, any such
1194 corridor may be established and operated only pursuant to a
1195 joint project agreement between an eligible agency as defined in
1196 s. 332.004 and a port district as defined in s. 315.02, and such
1197 agreement must be approved by the Department of Transportation
1198 and the Department of Commerce. Before the Department of
1199 Transportation approves the joint project agreement, that
1200 department must review the public purpose and necessity for the
1201 corridor pursuant to s. 337.273(5) and must also determine that
1202 the proposed corridor is consistent with the Florida
1203 Transportation Plan. Before the Department of Commerce approves
1204 the joint project agreement, that department must determine that
1205 the proposed corridor is consistent with the applicable local
1206 government comprehensive plans. An affected local government may
1207 provide its comments regarding the consistency of the proposed
1208 corridor with its comprehensive plan to the Department of
1209 Commerce.
1210 Section 21. (1) The Legislature finds that the widening of
1211 Interstate 4, from U.S. 27 in Polk County to Interstate 75 in
1212 Hillsborough County, is in the public interest and the strategic
1213 interest of the region to improve the movement of people and
1214 goods.
1215 (2) The Department of Transportation shall develop a report
1216 on widening Interstate 4, from U.S. 27 in Polk County to
1217 Interstate 75 in Hillsborough County, as efficiently as possible
1218 which includes, but is not limited to, detailed cost projections
1219 and schedules for project development and environment studies,
1220 design, acquisition of rights-of-way, and construction. The
1221 report must identify funding shortfalls and provide strategies
1222 to address such shortfalls, including, but not limited to, the
1223 use of express lane toll revenues generated on the Interstate 4
1224 corridor and available department funds for public-private
1225 partnerships. The Department of Transportation shall submit the
1226 report by December 31, 2025, to the Governor, the President of
1227 the Senate, and the Speaker of the House of Representatives.
1228 Section 22. This act shall take effect July 1, 2025.