Florida Senate - 2025 CS for CS for CS for SB 462
By the Committees on Fiscal Policy; Regulated Industries; and
Transportation; and Senator DiCeglie
594-03386-25 2025462c3
1 A bill to be entitled
2 An act relating to transportation; creating s.
3 218.3215, F.S.; requiring counties to report certain
4 information to the Office of Economic and Demographic
5 Research annually by a specified date; requiring
6 counties to report the information in the format
7 specified by the office; requiring the office to
8 provide a certain report to the Legislature and the
9 Department of Transportation; amending s. 316.183,
10 F.S.; requiring the department to determine the safe
11 and advisable minimum speed limit on certain highways;
12 amending s. 316.187, F.S.; revising the maximum
13 allowable speed limit on certain highways and
14 roadways; creating s. 330.355, F.S.; prohibiting
15 publicly owned airports from charging a landing fee
16 established on or after a specified date for certain
17 aircraft operations; amending s. 332.004, F.S.;
18 revising definitions; amending s. 332.006, F.S.;
19 revising duties and responsibilities of the department
20 relating to airports; amending s. 332.007, F.S.;
21 revising 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 creating s. 332.136, F.S.; establishing an airport
30 pilot program at the Sarasota Manatee Airport
31 Authority; providing the purpose of the pilot program;
32 requiring the department to adopt rules; requiring the
33 department, by a specified date, to submit certain
34 recommendations to the Governor and the Legislature;
35 providing for the future repeal of specified
36 provisions; amending s. 334.044, F.S.; authorizing the
37 department to acquire property or property rights in
38 advance to preserve a corridor for future proposed
39 improvements; authorizing the department to expend
40 from the State Transportation Trust Fund a certain
41 amount of grant funds annually to state colleges and
42 school districts for certain construction workforce
43 development programs; requiring that priority be given
44 to certain colleges and school districts; amending s.
45 334.065, F.S.; deleting a provision specifying that
46 the Florida Center for Urban Transportation Research
47 shall be administered by the Board of Governors of the
48 State University System; deleting a provision
49 prohibiting the undertaking of certain projects
50 without the approval of the Center for Urban
51 Transportation Research advisory board; revising
52 membership of such advisory board; creating s. 334.63,
53 F.S.; providing requirements for certain project
54 concept studies and project development and
55 environment studies; amending s. 337.11, F.S.;
56 revising the bidding and award process for contracts
57 for road construction and maintenance projects;
58 revising the circumstances in which the department
59 must competitively award a phased design-build
60 contract for phase one; requiring the department to
61 select a single design-build firm to perform the work
62 associated with phase two under certain circumstances;
63 authorizing a design-build firm to self-perform
64 portions of work under a contract; requiring that
65 contracts let by the department on or after a certain
66 date for bridge construction or maintenance over
67 navigable waters include protection and indemnity
68 coverage; amending s. 337.14, F.S.; authorizing the
69 department to waive contractor certification
70 requirements for certain projects; revising the
71 threshold value of contracts for which the department
72 may waive a contract bond requirement; requiring that
73 a contractor seeking to bid on certain maintenance
74 contracts possess certain qualifications; amending s.
75 337.185, F.S.; increasing the limits of claims per
76 contract which a contractor may submit to the State
77 Arbitration Board; revising the period in which an
78 arbitration request may be made for a claim related to
79 a warranty notice; amending s. 339.175, F.S.; revising
80 legislative intent; revising requirements for the
81 designation of additional metropolitan planning
82 organizations (M.P.O.’s); revising projects and
83 strategies to be considered in developing an M.P.O.’s
84 long-range transportation plan and transportation
85 improvement program; deleting obsolete provisions;
86 requiring the department to convene M.P.O.’s of
87 similar size to exchange best practices at least
88 annually; authorizing M.P.O.’s to develop committees
89 or working groups; requiring training for new M.P.O.
90 governing board members to be provided by the
91 department or another specified entity; deleting
92 provisions relating to M.P.O. coordination mechanisms;
93 including public-private partnerships in authorized
94 financing techniques; revising proposed transportation
95 enhancement activities that must be indicated by the
96 long-range transportation plan; authorizing each
97 M.P.O. to execute a written agreement with the
98 department regarding state and federal transportation
99 planning requirements; requiring the department, in
100 collaboration with M.P.O.’s, to establish certain
101 quality performance metrics and develop certain
102 performance targets; requiring the department to
103 evaluate and post on its website whether each M.P.O.
104 has made significant progress toward such targets;
105 amending s. 339.65, F.S.; requiring the department to
106 prioritize certain Strategic Intermodal System highway
107 corridor projects; creating s. 339.85, F.S.; requiring
108 the department to implement a next-generation traffic
109 signal modernization program; providing program
110 requirements; requiring the allocation of funds from
111 the State Transportation Trust Fund to the program;
112 requiring that a certain percentage of such funds be
113 used for certain roads through the use of matching
114 grants; amending s. 348.0304, F.S.; revising
115 membership of the governing body of the Greater Miami
116 Expressway Agency; reenacting s. 332.115(1), F.S.,
117 relating to joint project agreements with port
118 districts for transportation corridors between
119 airports and port facilities, to incorporate the
120 amendment made to s. 332.004, F.S., in a reference
121 thereto; providing a legislative finding; requiring
122 the department to develop a report on widening
123 Interstate 4; providing requirements for the report;
124 requiring the department to submit the report to the
125 Governor and the Legislature by a specified date;
126 providing an effective date.
127
128 Be It Enacted by the Legislature of the State of Florida:
129
130 Section 1. Section 218.3215, Florida Statutes, is created
131 to read:
132 218.3215 County transportation project data.—
133 (1) Each county shall annually by January 15 report to the
134 Office of Economic and Demographic Research all of the following
135 information, by county fiscal year, for surtax revenues received
136 pursuant to s. 212.055(1):
137 (a) Total proceeds from the surtax received by the county.
138 (b) The amount allocated by the county for road and bridge
139 projects. The Office of Economic and Demographic Research, in
140 consultation with the Department of Transportation, shall define
141 broad categories, including, but not limited to, widening,
142 repair and rehabilitation, sidewalks, or payment or pledge of
143 bonds for the construction of roads or bridges, for reporting
144 this information. This information must be reported as a total
145 by category and by revenue source by category.
146 (c) The total expenditure on road and bridge projects by
147 category.
148 (d) The unexpended balances of funds allocated to road and
149 bridge projects by category.
150 (e) A list of current road and bridge projects, including
151 the project cost, location, and scope.
152 (f) The amount allocated by the county to all other
153 permissible uses of the proceeds from the surtax, excluding road
154 and bridge projects and the payment or pledge of bonds for the
155 construction of roads or bridges.
156 (2) Counties shall report the information required by this
157 section in the format specified by the Office of Economic and
158 Demographic Research. The Office of Economic and Demographic
159 Research shall compile the information into a report and provide
160 the report to the President of the Senate, the Speaker of the
161 House of Representatives, and the Department of Transportation.
162 Section 2. Subsection (2) of section 316.183, Florida
163 Statutes, is amended to read:
164 316.183 Unlawful speed.—
165 (2) On all streets or highways, the maximum speed limits
166 for all vehicles must be 30 miles per hour in business or
167 residence districts, and 55 miles per hour at any time at all
168 other locations. However, with respect to a residence district,
169 a county or municipality may set a maximum speed limit of 20 or
170 25 miles per hour on local streets and highways after an
171 investigation determines that such a limit is reasonable. It is
172 not necessary to conduct a separate investigation for each
173 residence district. The Department of Transportation shall
174 determine the safe and advisable minimum speed limit on all
175 highways that comprise a part of the National System of
176 Interstate and Defense Highways and have at least not fewer than
177 four lanes is 40 miles per hour, except that when the posted
178 speed limit is 70 miles per hour, the minimum speed limit is 50
179 miles per hour.
180 Section 3. Subsection (2) of section 316.187, Florida
181 Statutes, is amended to read:
182 316.187 Establishment of state speed zones.—
183 (2)(a) The maximum allowable speed limit on limited access
184 highways is 75 70 miles per hour.
185 (b) The maximum allowable speed limit on any other highway
186 that which is outside an urban area of 5,000 or more persons and
187 that which has at least four lanes divided by a median strip is
188 70 65 miles per hour.
189 (c) The Department of Transportation is authorized to set
190 such maximum and minimum speed limits for travel over other
191 roadways under its authority as it deems safe and advisable, not
192 to exceed as a maximum limit 65 60 miles per hour.
193 Section 4. Section 330.355, Florida Statutes, is created to
194 read:
195 330.355 Prohibition on landing fees for certain aircraft
196 operations.—A publicly owned airport in this state may not
197 charge a landing fee established on or after January 1, 2025,
198 for aircraft operations conducted by an accredited nonprofit
199 institution located in this state which offers a 4-year
200 collegiate aviation program, when such aircraft operations are
201 for flight training necessary for pilot certification and
202 proficiency.
203 Section 5. Subsections (4), (5), (7), and (8) of section
204 332.004, Florida Statutes, are amended to read:
205 332.004 Definitions of terms used in ss. 332.003-332.007.
206 As used in ss. 332.003-332.007, the term:
207 (4) “Airport or aviation development project” or
208 “development project” means any activity associated with the
209 design, construction, purchase, improvement, or repair of a
210 public-use airport or portion thereof, including, but not
211 limited to: the purchase of equipment; the acquisition of land,
212 including land required as a condition of a federal, state, or
213 local permit or agreement for environmental mitigation; off
214 airport noise mitigation projects; the removal, lowering,
215 relocation, marking, and lighting of airport hazards; the
216 installation of navigation aids used by aircraft in landing at
217 or taking off from a public-use public airport; the installation
218 of safety equipment required by rule or regulation for
219 certification of the airport under s. 612 of the Federal
220 Aviation Act of 1958, and amendments thereto; and the
221 improvement of access to the airport by road or rail system
222 which is on airport property and which is consistent, to the
223 maximum extent feasible, with the approved local government
224 comprehensive plan of the units of local government in which the
225 airport is located.
226 (5) “Airport or aviation discretionary capacity improvement
227 projects” or “discretionary capacity improvement projects” means
228 capacity improvements which are consistent, to the maximum
229 extent feasible, with the approved local government
230 comprehensive plans of the units of local government in which
231 the public-use airport is located, and which enhance
232 intercontinental capacity at airports which:
233 (a) Are international airports with United States Bureau of
234 Customs and Border Protection;
235 (b) Had one or more regularly scheduled intercontinental
236 flights during the previous calendar year or have an agreement
237 in writing for installation of one or more regularly scheduled
238 intercontinental flights upon the commitment of funds for
239 stipulated airport capital improvements; and
240 (c) Have available or planned public ground transportation
241 between the airport and other major transportation facilities.
242 (7) “Eligible agency” means a political subdivision of the
243 state or an authority, or a public-private partnership through a
244 lease or an agreement under s. 255.065 with a political
245 subdivision of the state or an authority, which owns or seeks to
246 develop a public-use airport.
247 (8) “Federal aid” means funds made available from the
248 Federal Government for the accomplishment of public-use airport
249 or aviation development projects.
250 Section 6. Subsections (4) and (8) of section 332.006,
251 Florida Statutes, are amended to read:
252 332.006 Duties and responsibilities of the Department of
253 Transportation.—The Department of Transportation shall, within
254 the resources provided pursuant to chapter 216:
255 (4) Upon request, provide financial and technical
256 assistance to public agencies that own which operate public-use
257 airports by making department personnel and department-owned
258 facilities and equipment available on a cost-reimbursement basis
259 to such agencies for special needs of limited duration. The
260 requirement relating to reimbursement of personnel costs may be
261 waived by the department in those cases in which the assistance
262 provided by its personnel was of a limited nature or duration.
263 (8) Encourage the maximum allocation of federal funds to
264 local public-use airport projects in this state.
265 Section 7. Paragraphs (a) and (c) of subsection (4),
266 subsection (6), paragraphs (a) and (d) of subsection (7), and
267 subsections (8) and (10) of section 332.007, Florida Statutes,
268 are amended, and subsection (11) is added to that section, to
269 read:
270 332.007 Administration and financing of aviation and
271 airport programs and projects; state plan.—
272 (4)(a) The annual legislative budget request for aviation
273 and airport development projects shall be based on the funding
274 required for development projects in the aviation and airport
275 work program. The department shall provide priority funding in
276 support of the planning, design, and construction of proposed
277 projects by local sponsors of public-use airports, with special
278 emphasis on projects for runways and taxiways, including the
279 painting and marking of runways and taxiways, lighting, other
280 related airside activities, and airport access transportation
281 facility projects on airport property.
282 (c) No single airport shall secure airport or aviation
283 development project funds in excess of 25 percent of the total
284 airport or aviation development project funds available in any
285 given budget year. However, any public-use airport which
286 receives discretionary capacity improvement project funds in a
287 given fiscal year shall not receive greater than 10 percent of
288 total aviation and airport development project funds
289 appropriated in that fiscal year.
290 (6) Subject to the availability of appropriated funds, the
291 department may participate in the capital cost of eligible
292 public-use public airport and aviation development projects in
293 accordance with the following rates, unless otherwise provided
294 in the General Appropriations Act or the substantive bill
295 implementing the General Appropriations Act:
296 (a) The department may fund up to 50 percent of the portion
297 of eligible project costs which are not funded by the Federal
298 Government, except that the department may initially fund up to
299 75 percent of the cost of land acquisition for a new airport or
300 for the expansion of an existing airport which is owned and
301 operated by a municipality, a county, or an authority, and shall
302 be reimbursed to the normal statutory project share when federal
303 funds become available or within 10 years after the date of
304 acquisition, whichever is earlier. Due to federal budgeting
305 constraints, the department may also initially fund the federal
306 portion of eligible project costs subject to:
307 1. The department receiving adequate assurance from the
308 Federal Government or local sponsor that this amount will be
309 reimbursed to the department; and
310 2. The department having adequate funds in the work program
311 to fund the project.
312
313 Such projects must be contained in the Federal Government’s
314 Airport Capital Improvement Program, and the Federal Government
315 must fund, or have funded, the first year of the project.
316 (b) The department may retroactively reimburse cities,
317 counties, or airport authorities up to 50 percent of the
318 nonfederal share for land acquisition when such land is needed
319 for airport safety, expansion, tall structure control, clear
320 zone protection, or noise impact reduction. No land purchased
321 prior to July 1, 1990, or purchased prior to executing the
322 required department agreements shall be eligible for
323 reimbursement.
324 (c) When federal funds are not available, the department
325 may fund up to 80 percent of master planning and eligible
326 aviation development projects at public-use publicly owned,
327 publicly operated airports. If federal funds are available, the
328 department may fund up to 80 percent of the nonfederal share of
329 such projects. Such funding is limited to general aviation
330 airports, or commercial service airports that have fewer than
331 100,000 passenger boardings per year as determined by the
332 Federal Aviation Administration.
333 (d) The department is authorized to fund up to 100 percent
334 of the cost of an eligible project that is statewide in scope or
335 that involves more than one county where no other governmental
336 entity or appropriate jurisdiction exists.
337 (7) Subject to the availability of appropriated funds in
338 addition to aviation fuel tax revenues, the department may
339 participate in the capital cost of eligible public airport and
340 aviation discretionary capacity improvement projects. The annual
341 legislative budget request shall be based on the funding
342 required for discretionary capacity improvement projects in the
343 aviation and airport work program.
344 (a) The department shall provide priority funding in
345 support of:
346 1. Land acquisition which provides additional capacity at
347 the qualifying international airport or at that airport’s
348 supplemental air carrier airport.
349 2. Runway and taxiway projects that add capacity or are
350 necessary to accommodate technological changes in the aviation
351 industry.
352 3. Public-use airport access transportation projects that
353 improve direct airport access and are approved by the airport
354 sponsor.
355 4. International terminal projects that increase
356 international gate capacity.
357 (d) The department may fund up to 50 percent of the portion
358 of eligible project costs which are not funded by the Federal
359 Government except that the department may initially fund up to
360 75 percent of the cost of land acquisition for a new public-use
361 airport or for the expansion of an existing public-use airport
362 which is owned and operated by a municipality, a county, or an
363 authority, and shall be reimbursed to the normal statutory
364 project share when federal funds become available or within 10
365 years after the date of acquisition, whichever is earlier.
366 (8) The department may also fund eligible projects
367 performed by not-for-profit organizations that represent a
368 majority of public airports in this state. Eligible projects may
369 include activities associated with aviation master planning,
370 professional education, safety and security planning, enhancing
371 economic development and efficiency at airports in this state,
372 or other planning efforts to improve the viability of public-use
373 airports in this state.
374 (10) Subject to the availability of appropriated funds, and
375 unless otherwise provided in the General Appropriations Act or
376 the substantive bill implementing the General Appropriations
377 Act, the department may fund up to 100 percent of eligible
378 project costs of all of the following at a public-use publicly
379 owned, publicly operated airport located in a rural community as
380 defined in s. 288.0656 which does not have any scheduled
381 commercial service:
382 (a) The capital cost of runway and taxiway projects that
383 add capacity. Such projects must be prioritized based on the
384 amount of available nonstate matching funds.
385 (b) Economic development transportation projects pursuant
386 to s. 339.2821.
387
388 Any remaining funds must be allocated for projects specified in
389 subsection (6).
390 (11) Notwithstanding any other provisions of law, a
391 municipality, a county, or an authority that owns a public-use
392 airport may participate in the Federal Aviation Administration
393 Airport Investment Partnership Program under federal law by
394 contracting with a private partner to operate the airport under
395 lease or agreement. Subject to the availability of appropriated
396 funds from aviation fuel tax revenues, the department may
397 provide for improvements under this section to a municipality, a
398 county, or an authority that has a private partner under the
399 Airport Investment Partnership Program for the capital cost of a
400 discretionary improvement project at a public-use airport.
401 Section 8. Section 332.136, Florida Statutes, is created to
402 read:
403 332.136 Sarasota Manatee Airport Authority; airport pilot
404 program.—
405 (1) There is established at the Sarasota Manatee Airport
406 Authority an airport pilot program. The purpose of the pilot
407 program is to determine the long-term feasibility of alternative
408 airport permitting procedures, such as those provided in ss.
409 553.80, 1013.30, 1013.33, and 1013.371.
410 (2) The department shall adopt rules as necessary to
411 implement the pilot program.
412 (3) By December 1, 2027, the department shall submit
413 recommendations to the President of the Senate and the Speaker
414 of the House of Representatives about how to expand the pilot
415 program to additional airports, amend the pilot program to
416 increase its effectiveness, or terminate the pilot program.
417 (4) This section shall stand repealed on June 30, 2028,
418 unless reviewed and saved from appeal through reenactment by the
419 Legislature.
420 Section 9. Subsections (6) and (35) of section 334.044,
421 Florida Statutes, are amended to read:
422 334.044 Powers and duties of the department.—The department
423 shall have the following general powers and duties:
424 (6) To acquire, by the exercise of the power of eminent
425 domain as provided by law, all property or property rights,
426 whether public or private, which it may determine are necessary
427 to the performance of its duties and the execution of its
428 powers, including, but not limited to, in advance to preserve a
429 corridor for future proposed improvements.
430 (35) To expend funds for provide a construction workforce
431 development program, in consultation with affected stakeholders,
432 for delivery of projects designated in the department’s work
433 program. The department may annually expend up to $5 million
434 from the State Transportation Trust Fund for fiscal years 2025
435 2026 through 2029-2030 in grants to state colleges and school
436 districts, with priority given to state colleges and school
437 districts in counties that are rural communities as defined in
438 s. 288.0656(2), for the purchase of equipment simulators with
439 authentic original equipment manufacturer controls and a
440 companion curriculum, for the purchase of instructional aids for
441 use in conjunction with the equipment simulators, and to support
442 offering an elective course in heavy civil construction which
443 must, at a minimum, provide the student with an Occupational
444 Safety and Health Administration 10-hour certification and a
445 fill equipment simulator certification.
446 Section 10. Subsections (1) and (3) of section 334.065,
447 Florida Statutes, are amended to read:
448 334.065 Center for Urban Transportation Research.—
449 (1) There is established within at the University of South
450 Florida the Florida Center for Urban Transportation Research, to
451 be administered by the Board of Governors of the State
452 University System. The responsibilities of the center include,
453 but are not limited to, conducting and facilitating research on
454 issues related to urban transportation problems in this state
455 and serving as an information exchange and depository for the
456 most current information pertaining to urban transportation and
457 related issues.
458 (3) An advisory board shall be created to periodically and
459 objectively review and advise the center concerning its research
460 program. Except for projects mandated by law, state-funded base
461 projects shall not be undertaken without approval of the
462 advisory board. The membership of the board shall be composed
463 consist of nine experts in transportation-related areas, as
464 follows:
465 (a) A member appointed by the President of the Senate.
466 (b) A member appointed by the Speaker of the House of
467 Representatives.
468 (c) The Secretary of Transportation, or his or her
469 designee.
470 (d) The Secretary of Commerce, or his or her designee.
471 including the secretaries of the Department of Transportation,
472 the Department of Environmental Protection, and the Department
473 of Commerce, or their designees, and
474 (e) A member of the Florida Transportation Commission.
475 (f) Four members nominated The nomination of the remaining
476 members of the board shall be made to the President of the
477 University of South Florida by the College of Engineering at the
478 University of South Florida and approved by the university’s
479 president, and The appointment of these members must be reviewed
480 and approved by the Florida Transportation Commission and
481 confirmed by the Board of Governors.
482 Section 11. Section 334.63, Florida Statutes, is created to
483 read:
484 334.63 Project concept studies and project development and
485 environment studies.—
486 (1) Project concept studies and project development and
487 environment studies for capacity improvement projects on limited
488 access facilities must include the evaluation of alternatives
489 that provide transportation capacity using elevated roadway
490 above existing lanes.
491 (2) Project development and environment studies for new
492 alignment projects and capacity improvement projects must be
493 completed to the maximum extent possible within 18 months after
494 the date of commencement.
495 Section 12. Subsection (4), paragraph (b) of subsection
496 (7), and subsection (15) of section 337.11, Florida Statutes,
497 are amended to read:
498 337.11 Contracting authority of department; bids; emergency
499 repairs, supplemental agreements, and change orders; combined
500 design and construction contracts; progress payments; records;
501 requirements of vehicle registration.—
502 (4)(a) Except as provided in paragraph (b), the department
503 may award the proposed construction and maintenance work to the
504 lowest responsible bidder, or in the instance of a time-plus
505 money contract, the lowest evaluated responsible bidder, or it
506 may reject all bids and proceed to rebid the work in accordance
507 with subsection (2) or otherwise perform the work.
508 (b) Notwithstanding any other provision of law, if the
509 department intends to reject all bids on any project after
510 announcing, but before posting official notice of, such intent,
511 the department must provide to the lowest responsive,
512 responsible bidder the opportunity to negotiate the scope of
513 work with a corresponding reduction in price, as provided in the
514 bid, to provide a reduced bid without filing a protest or
515 posting a bond under paragraph (5)(a). Upon reaching a decision
516 regarding the lowest bidder’s reduced bid, the department must
517 post notice of final agency action to either reject all bids or
518 accept the reduced bid.
519 (c) This subsection does not prohibit the filing of a
520 protest by any bidder or alter the deadlines provided in s.
521 120.57.
522 (d) Notwithstanding the requirements of ss. 120.57(3)(c)
523 and 287.057(25), upon receipt of a formal written protest that
524 is timely filed, the department may continue the process
525 provided in this subsection but may not take final agency action
526 as to the lowest bidder except as part of the department’s final
527 agency action in the protest or upon dismissal of the protest by
528 the protesting party.
529 (7)
530 (b) If the department determines that it is in the best
531 interests of the public, the department may combine the design
532 and construction phases of a project fully funded in the work
533 program into a single contract and select the design-build firm
534 in the early stages of a project to ensure that the design-build
535 firm is part of the collaboration and development of the design
536 as part of a step-by-step progression through construction. Such
537 a contract is referred to as a phased design-build contract. For
538 phased design-build contracts, selection and award must include
539 a two-phase process. For phase one, the department shall
540 competitively award the contract to a design-build firm based
541 upon qualifications, provided that the department receives at
542 least three statements of qualifications from qualified design
543 build firms. If during phase one the department elects to enter
544 into contracts with more than one design-build firm based upon
545 qualifications, the department must competitively select a
546 single design-build firm to perform the work associated with
547 phase two. For phase two, the design-build firm may self-perform
548 portions of the work and shall competitively bid construction
549 trade subcontractor packages and, based upon these bids,
550 negotiate with the department a fixed firm price or guaranteed
551 maximum price that meets the project budget and scope as
552 advertised in the request for qualifications.
553 (15) Each contract let by the department for performance of
554 bridge construction or maintenance over navigable waters must
555 contain a provision requiring marine general liability
556 insurance, in an amount to be determined by the department,
557 which covers third-party personal injury and property damage
558 caused by vessels used by the contractor in the performance of
559 the work. For a contract let by the department on or after July
560 1, 2025, such insurance must include protection and indemnity
561 coverage, which may be covered by endorsement on the marine
562 general liability insurance policy or may be a separate policy.
563 Section 13. Subsections (1), (2), and (8) of section
564 337.14, Florida Statutes, are amended to read:
565 337.14 Application for qualification; certificate of
566 qualification; restrictions; request for hearing.—
567 (1) Any contractor desiring to bid for the performance of
568 any construction contract in excess of $250,000 which the
569 department proposes to let must first be certified by the
570 department as qualified pursuant to this section and rules of
571 the department. The rules of the department must address the
572 qualification of contractors to bid on construction contracts in
573 excess of $250,000 and must include requirements with respect to
574 the equipment, past record, experience, financial resources, and
575 organizational personnel of the applying contractor which are
576 necessary to perform the specific class of work for which the
577 contractor seeks certification. Any contractor who desires to
578 bid on contracts in excess of $50 million and who is not
579 qualified and in good standing with the department as of January
580 1, 2019, must first be certified by the department as qualified
581 and must have satisfactorily completed two projects, each in
582 excess of $15 million, for the department or for any other state
583 department of transportation. The department may limit the
584 dollar amount of any contract upon which a contractor is
585 qualified to bid or the aggregate total dollar volume of
586 contracts such contractor is allowed to have under contract at
587 any one time. Each applying contractor seeking qualification to
588 bid on construction contracts in excess of $250,000 shall
589 furnish the department a statement under oath, on such forms as
590 the department may prescribe, setting forth detailed information
591 as required on the application. Each application for
592 certification must be accompanied by audited, certified
593 financial statements prepared in accordance with generally
594 accepted accounting principles and auditing standards by a
595 certified public accountant licensed in this state or another
596 state. The audited, certified financial statements must be for
597 the applying contractor and must have been prepared within the
598 immediately preceding 12 months. The department may not consider
599 any financial information of the parent entity of the applying
600 contractor, if any. The department may not certify as qualified
601 any applying contractor who fails to submit the audited,
602 certified financial statements required by this subsection. If
603 the application or the annual financial statement shows the
604 financial condition of the applying contractor more than 4
605 months before the date on which the application is received by
606 the department, the applicant must also submit interim audited,
607 certified financial statements prepared in accordance with
608 generally accepted accounting principles and auditing standards
609 by a certified public accountant licensed in this state or
610 another state. The interim financial statements must cover the
611 period from the end date of the annual statement and must show
612 the financial condition of the applying contractor no more than
613 4 months before the date that the interim financial statements
614 are received by the department. However, upon the request of the
615 applying contractor, an application and accompanying annual or
616 interim financial statement received by the department within 15
617 days after either 4-month period under this subsection shall be
618 considered timely. An applying contractor desiring to bid
619 exclusively for the performance of construction contracts with
620 proposed budget estimates of less than $2 million may submit
621 reviewed annual or reviewed interim financial statements
622 prepared by a certified public accountant. The information
623 required by this subsection is confidential and exempt from s.
624 119.07(1). The department shall act upon the application for
625 qualification within 30 days after the department determines
626 that the application is complete. The department may waive the
627 requirements of this subsection for push-button projects having
628 a contract price of $1 million or less, or for non-push-button
629 projects having a contract price of $500,000 or less, if the
630 department determines that the project is of a noncritical
631 nature and the waiver will not endanger public health, safety,
632 or property.
633 (2) Certification is shall be necessary in order to bid on
634 a road, bridge, or public transportation construction contract
635 of more than $250,000. However, the successful bidder on any
636 construction contract must furnish a contract bond before prior
637 to the award of the contract. The department may waive the
638 requirement for all or a portion of a contract bond for
639 contracts of $250,000 $150,000 or less under s. 337.18(1).
640 (8) This section does not apply to maintenance contracts.
641 Notwithstanding any other provision of law, a contractor seeking
642 to bid on a maintenance contract in which the majority of the
643 work includes repair and replacement of safety appurtenances,
644 including, but not limited to, guardrails, attenuators, traffic
645 signals, and striping, must possess the prescribed
646 qualifications, equipment, record, and experience to perform
647 such repair and replacement.
648 Section 14. Subsections (4) and (5) of section 337.185,
649 Florida Statutes, are amended to read:
650 337.185 State Arbitration Board.—
651 (4) The contractor may submit a claim greater than $250,000
652 up to $2 $1 million per contract or, upon agreement of the
653 parties, greater than up to $2 million per contract to be
654 arbitrated by the board. An award issued by the board pursuant
655 to this subsection is final if a request for a trial de novo is
656 not filed within the time provided by Rule 1.830, Florida Rules
657 of Civil Procedure. At the trial de novo, the court may not
658 admit evidence that there has been an arbitration proceeding,
659 the nature or amount of the award, or any other matter
660 concerning the conduct of the arbitration proceeding, except
661 that testimony given in connection with at an arbitration
662 hearing may be used for any purpose otherwise permitted by the
663 Florida Evidence Code. If a request for trial de novo is not
664 filed within the time provided, the award issued by the board is
665 final and enforceable by a court of law.
666 (5) An arbitration request may not be made to the board
667 before final acceptance but must be made to the board within 820
668 days after final acceptance. An arbitration request related to a
669 warranty notice provided by the department must be made to the
670 board within 360 days after such notice or 820 days after final
671 acceptance, whichever is later.
672 Section 15. Present subsection (10) of section 339.175,
673 Florida Statutes, is redesignated as subsection (11), a new
674 subsection (10) is added to that section, and subsection (1),
675 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
676 subsection (6), and paragraphs (b) and (d) of subsection (7) of
677 that section are amended, to read:
678 339.175 Metropolitan planning organization.—
679 (1) PURPOSE.—It is the intent of the Legislature to
680 encourage and promote the safe and efficient management,
681 operation, and development of multimodal surface transportation
682 systems that will serve the mobility needs of people and freight
683 and foster economic growth and development within and through
684 urbanized areas of this state in accordance with the
685 department’s mission statement while minimizing transportation
686 related fuel consumption, air pollution, and greenhouse gas
687 emissions through metropolitan transportation planning processes
688 identified in this section. To accomplish these objectives,
689 metropolitan planning organizations, referred to in this section
690 as M.P.O.’s, shall develop, in cooperation with the state and
691 public transit operators, transportation plans and programs for
692 metropolitan areas. The plans and programs for each metropolitan
693 area must provide for the development and integrated management
694 and operation of transportation systems and facilities,
695 including pedestrian walkways and bicycle transportation
696 facilities that will function as an intermodal transportation
697 system for the metropolitan area, based upon the prevailing
698 principles provided in s. 334.046(1). The process for developing
699 such plans and programs shall provide for consideration of all
700 modes of transportation and shall be continuing, cooperative,
701 and comprehensive, to the degree appropriate, based on the
702 complexity of the transportation problems to be addressed. To
703 ensure that the process is integrated with the statewide
704 planning process, M.P.O.’s shall develop plans and programs that
705 identify transportation facilities that should function as an
706 integrated metropolitan transportation system, giving emphasis
707 to facilities that serve important national, state, and regional
708 transportation functions. For the purposes of this section,
709 those facilities include the facilities on the Strategic
710 Intermodal System designated under s. 339.63 and facilities for
711 which projects have been identified pursuant to s. 339.2819(4).
712 (2) DESIGNATION.—
713 (a)1. An M.P.O. shall be designated for each urbanized area
714 of the state; however, this does not require that an individual
715 M.P.O. be designated for each such area. Such designation shall
716 be accomplished by agreement between the Governor and units of
717 general-purpose local government representing at least 75
718 percent of the population of the urbanized area; however, the
719 unit of general-purpose local government that represents the
720 central city or cities within the M.P.O. jurisdiction, as
721 defined by the United States Bureau of the Census, must be a
722 party to such agreement.
723 2. To the extent possible, only one M.P.O. shall be
724 designated for each urbanized area or group of contiguous
725 urbanized areas. More than one M.P.O. may be designated within
726 an existing urbanized area only if the Governor and the existing
727 M.P.O. determine that the size and complexity of the existing
728 urbanized area makes the designation of more than one M.P.O. for
729 the area appropriate. After July 1, 2025, no additional M.P.O.’s
730 may be designated in this state except in urbanized areas, as
731 defined by the United States Census Bureau, where the urbanized
732 area boundary is not contiguous to an urbanized area designated
733 before the 2020 census, in which case each M.P.O. designated for
734 the area must:
735 a. Consult with every other M.P.O. designated for the
736 urbanized area and the state to coordinate plans and
737 transportation improvement programs.
738 b. Ensure, to the maximum extent practicable, the
739 consistency of data used in the planning process, including data
740 used in forecasting travel demand within the urbanized area.
741
742 Each M.P.O. required under this section must be fully operative
743 no later than 6 months following its designation.
744 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
745 privileges, and authority of an M.P.O. are those specified in
746 this section or incorporated in an interlocal agreement
747 authorized under s. 163.01. Each M.P.O. shall perform all acts
748 required by federal or state laws or rules, now and subsequently
749 applicable, which are necessary to qualify for federal aid. It
750 is the intent of this section that each M.P.O. be involved in
751 the planning and programming of transportation facilities,
752 including, but not limited to, airports, intercity and high
753 speed rail lines, seaports, and intermodal facilities, to the
754 extent permitted by state or federal law. An M.P.O. may not
755 perform project production or delivery for capital improvement
756 projects on the State Highway System.
757 (b) In developing the long-range transportation plan and
758 the transportation improvement program required under paragraph
759 (a), each M.P.O. shall provide for consideration of projects and
760 strategies that will:
761 1. Support the economic vitality of the contiguous
762 urbanized metropolitan area, especially by enabling global
763 competitiveness, productivity, and efficiency.
764 2. Increase the safety and security of the transportation
765 system for motorized and nonmotorized users.
766 3. Increase the accessibility and mobility options
767 available to people and for freight.
768 4. Protect and enhance the environment, conserve natural
769 resources promote energy conservation, and improve quality of
770 life.
771 5. Enhance the integration and connectivity of the
772 transportation system, across and between modes and contiguous
773 urbanized metropolitan areas, for people and freight.
774 6. Promote efficient system management and operation.
775 7. Emphasize the preservation of the existing
776 transportation system.
777 8. Improve the resilience of transportation infrastructure.
778 9. Reduce traffic and congestion.
779 (i) By December 31, 2023, the M.P.O.’s serving
780 Hillsborough, Pasco, and Pinellas Counties must submit a
781 feasibility report to the Governor, the President of the Senate,
782 and the Speaker of the House of Representatives exploring the
783 benefits, costs, and process of consolidation into a single
784 M.P.O. serving the contiguous urbanized area, the goal of which
785 would be to:
786 1. Coordinate transportation projects deemed to be
787 regionally significant.
788 2. Review the impact of regionally significant land use
789 decisions on the region.
790 3. Review all proposed regionally significant
791 transportation projects in the transportation improvement
792 programs.
793 (i)1.(j)1. To more fully accomplish the purposes for which
794 M.P.O.’s have been mandated, the department shall, at least
795 annually, convene M.P.O.’s of similar size, based on the size of
796 population served, for the purpose of exchanging best practices.
797 M.P.O.’s may shall develop committees or working groups as
798 needed to accomplish such purpose. At the discretion of the
799 department, training for new M.P.O. governing board members
800 shall be provided by the department, by an entity pursuant to a
801 contract with the department, by the Florida Center for Urban
802 Transportation Research, or by the Implementing Solutions from
803 Transportation Research and Evaluation of Emerging Technologies
804 (I-STREET) living lab coordination mechanisms with one another
805 to expand and improve transportation within the state. The
806 appropriate method of coordination between M.P.O.’s shall vary
807 depending upon the project involved and given local and regional
808 needs. Consequently, it is appropriate to set forth a flexible
809 methodology that can be used by M.P.O.’s to coordinate with
810 other M.P.O.’s and appropriate political subdivisions as
811 circumstances demand.
812 2. Any M.P.O. may join with any other M.P.O. or any
813 individual political subdivision to coordinate activities or to
814 achieve any federal or state transportation planning or
815 development goals or purposes consistent with federal or state
816 law. When an M.P.O. determines that it is appropriate to join
817 with another M.P.O. or any political subdivision to coordinate
818 activities, the M.P.O. or political subdivision shall enter into
819 an interlocal agreement pursuant to s. 163.01, which, at a
820 minimum, creates a separate legal or administrative entity to
821 coordinate the transportation planning or development activities
822 required to achieve the goal or purpose; provides the purpose
823 for which the entity is created; provides the duration of the
824 agreement and the entity and specifies how the agreement may be
825 terminated, modified, or rescinded; describes the precise
826 organization of the entity, including who has voting rights on
827 the governing board, whether alternative voting members are
828 provided for, how voting members are appointed, and what the
829 relative voting strength is for each constituent M.P.O. or
830 political subdivision; provides the manner in which the parties
831 to the agreement will provide for the financial support of the
832 entity and payment of costs and expenses of the entity; provides
833 the manner in which funds may be paid to and disbursed from the
834 entity; and provides how members of the entity will resolve
835 disagreements regarding interpretation of the interlocal
836 agreement or disputes relating to the operation of the entity.
837 Such interlocal agreement shall become effective upon its
838 recordation in the official public records of each county in
839 which a member of the entity created by the interlocal agreement
840 has a voting member. Multiple M.P.O.’s may merge, combine, or
841 otherwise join together as a single M.P.O.
842 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
843 develop a long-range transportation plan that addresses at least
844 a 20-year planning horizon. The plan must include both long
845 range and short-range strategies and must comply with all other
846 state and federal requirements. The prevailing principles to be
847 considered in the long-range transportation plan are: preserving
848 the existing transportation infrastructure; enhancing Florida’s
849 economic competitiveness; and improving travel choices to ensure
850 mobility. The long-range transportation plan must be consistent,
851 to the maximum extent feasible, with future land use elements
852 and the goals, objectives, and policies of the approved local
853 government comprehensive plans of the units of local government
854 located within the jurisdiction of the M.P.O. Each M.P.O. is
855 encouraged to consider strategies that integrate transportation
856 and land use planning to provide for sustainable development and
857 reduce greenhouse gas emissions. The approved long-range
858 transportation plan must be considered by local governments in
859 the development of the transportation elements in local
860 government comprehensive plans and any amendments thereto. The
861 long-range transportation plan must, at a minimum:
862 (b) Include a financial plan that demonstrates how the plan
863 can be implemented, indicating resources from public and private
864 sources which are reasonably expected to be available to carry
865 out the plan, and recommends any additional financing strategies
866 for needed projects and programs. The financial plan may
867 include, for illustrative purposes, additional projects that
868 would be included in the adopted long-range transportation plan
869 if reasonable additional resources beyond those identified in
870 the financial plan were available. For the purpose of developing
871 the long-range transportation plan, the M.P.O. and the
872 department shall cooperatively develop estimates of funds that
873 will be available to support the plan implementation. Innovative
874 financing techniques may be used to fund needed projects and
875 programs. Such techniques may include the assessment of tolls,
876 public-private partnerships, the use of value capture financing,
877 or the use of value pricing. Multiple M.P.O.’s within a
878 contiguous urbanized area must ensure, to the maximum extent
879 possible, the consistency of data used in the planning process.
880 (d) Indicate, as appropriate, proposed transportation
881 enhancement activities, including, but not limited to,
882 pedestrian and bicycle facilities, trails or facilities that are
883 regionally significant or critical linkages for the Florida
884 Shared-Use Nonmotorized Trail Network, scenic easements,
885 landscaping, integration of advanced air mobility, and
886 integration of autonomous and electric vehicles, electric
887 bicycles, and motorized scooters used for freight, commuter, or
888 micromobility purposes historic preservation, mitigation of
889 water pollution due to highway runoff, and control of outdoor
890 advertising.
891
892 In the development of its long-range transportation plan, each
893 M.P.O. must provide the public, affected public agencies,
894 representatives of transportation agency employees, freight
895 shippers, providers of freight transportation services, private
896 providers of transportation, representatives of users of public
897 transit, and other interested parties with a reasonable
898 opportunity to comment on the long-range transportation plan.
899 The long-range transportation plan must be approved by the
900 M.P.O.
901 (10) AGREEMENTS; ACCOUNTABILITY.—
902 (a) Each M.P.O. may execute a written agreement with the
903 department, which shall be reviewed, and updated as necessary,
904 every 5 years, which clearly establishes the cooperative
905 relationship essential to accomplish the transportation planning
906 requirements of state and federal law. Roles, responsibilities,
907 and expectations for accomplishing consistency with federal and
908 state requirements and priorities must be set forth in the
909 agreement. In addition, the agreement must set forth the
910 M.P.O.’s responsibility, in collaboration with the department,
911 to identify, prioritize, and present to the department a
912 complete list of multimodal transportation projects consistent
913 with the needs of the metropolitan planning area. It is the
914 department’s responsibility to program projects in the state
915 transportation improvement program.
916 (b) The department must establish, in collaboration with
917 each M.P.O., quality performance metrics, such as safety,
918 infrastructure condition, congestion relief, and mobility. Each
919 M.P.O. must, as part of its long-range transportation plan, in
920 direct coordination with the department, develop targets for
921 each performance measure within the metropolitan planning area
922 boundary. The performance targets must support efficient and
923 safe movement of people and goods both within the metropolitan
924 planning area and between regions. Each M.P.O. must report
925 progress toward establishing performance targets for each
926 measure annually in its transportation improvement plan. The
927 department shall evaluate and post on its website whether each
928 M.P.O. has made significant progress toward its target for the
929 applicable reporting period.
930 Section 16. Subsection (4) of section 339.65, Florida
931 Statutes, is amended to read:
932 339.65 Strategic Intermodal System highway corridors.—
933 (4) The department shall develop and maintain a plan of
934 Strategic Intermodal System highway corridor projects that are
935 anticipated to be let to contract for construction within a time
936 period of at least 20 years. The department shall prioritize
937 projects affecting gaps in a corridor so that the corridor
938 becomes contiguous in its functional characteristics across the
939 corridor. The plan must shall also identify when segments of the
940 corridor will meet the standards and criteria developed pursuant
941 to subsection (5).
942 Section 17. Section 339.85, Florida Statutes, is created to
943 read:
944 339.85 Next-generation traffic signal modernization
945 program.—
946 (1) The department shall implement a next-generation
947 traffic signal modernization program. The program must consist
948 of retrofitting existing traffic signals and controllers and
949 providing a communication system for remote operations and
950 management of such signals on the State Highway System and other
951 road systems. Signal upgrades must be prioritized based on
952 average annual daily traffic and the impact of adding to an
953 existing interconnected system.
954 (2) The program must consist of an advanced traffic
955 management platform that uses radar-camera fusion to deliver
956 accurate detection in all weather conditions, offering fully
957 integrated stop bar and advance detection alongside dilemma zone
958 and pedestrian protection. In addition to supporting time-of-day
959 signal timing plans, the program must provide real-time traffic
960 optimization to improve traffic flow and enhance safety. The
961 program must comply with leading cybersecurity standards, such
962 as SOC 2 and ISO 27001, ensuring robust data protection.
963 (3) Beginning in the 2025-2026 fiscal year and annually
964 thereafter for 5 years, $10 million shall be allocated from the
965 State Transportation Trust Fund to the program. Fifty percent of
966 such funds must be used for roads that are not a part of the
967 State Highway System through the use of grants that require a 50
968 percent funding match.
969 Section 18. Paragraph (a) of subsection (3) of section
970 348.0304, Florida Statutes, is amended to read:
971 348.0304 Greater Miami Expressway Agency.—
972 (3)(a) The governing body of the agency shall consist of
973 nine voting members. Except for the district secretary of the
974 department, each member must be a permanent resident of a county
975 served by the agency and may not hold, or have held in the
976 previous 2 years, elected or appointed office in such county,
977 except that this paragraph does not apply to any initial
978 appointment under paragraph (b) or to any member who previously
979 served on the governing body of the former Greater Miami
980 Expressway Agency. Each member may only serve two terms of 4
981 years each, except that there is no restriction on the term of
982 the department’s district secretary. Four members, each of whom
983 must be a permanent resident of Miami-Dade County, shall be
984 appointed by the Governor, subject to confirmation by the Senate
985 at the next regular session of the Legislature. Refusal or
986 failure of the Senate to confirm an appointment shall create a
987 vacancy. Appointments made by the Governor and board of county
988 commissioners of Miami-Dade County shall reflect the state’s
989 interests in the transportation sector and represent the intent,
990 duties, and purpose of the Greater Miami Expressway Agency, and
991 have at least 3 years of professional experience in one or more
992 of the following areas: finance; land use planning; tolling
993 industry; or transportation engineering. Two members, who must
994 be residents of an unincorporated portion of the geographic area
995 described in subsection (1) and residing within 15 miles of an
996 area with the highest amount of agency toll road roads, shall be
997 appointed by the board of county commissioners of Miami-Dade
998 County. Two members, who must be residents of incorporated
999 municipalities within a county served by the agency, shall be
1000 appointed by the metropolitan planning organization for a county
1001 served by the agency. The district secretary of the department
1002 serving in the district that contains Miami-Dade County shall
1003 serve as an ex officio voting member of the governing body.
1004 Section 19. For the purpose of incorporating the amendment
1005 made by this act to section 332.004, Florida Statutes, in a
1006 reference thereto, subsection (1) of section 332.115, Florida
1007 Statutes, is reenacted to read:
1008 332.115 Joint project agreement with port district for
1009 transportation corridor between airport and port facility.—
1010 (1) An eligible agency may acquire, construct, and operate
1011 all equipment, appurtenances, and land necessary to establish,
1012 maintain, and operate, or to license others to establish,
1013 maintain, operate, or use, a transportation corridor connecting
1014 an airport operated by such eligible agency with a port
1015 facility, which corridor must be acquired, constructed, and used
1016 for the transportation of persons between the airport and the
1017 port facility, for the transportation of cargo, and for the
1018 location and operation of lines for the transmission of water,
1019 electricity, communications, information, petroleum products,
1020 products of a public utility (including new technologies of a
1021 public utility nature), and materials. However, any such
1022 corridor may be established and operated only pursuant to a
1023 joint project agreement between an eligible agency as defined in
1024 s. 332.004 and a port district as defined in s. 315.02, and such
1025 agreement must be approved by the Department of Transportation
1026 and the Department of Commerce. Before the Department of
1027 Transportation approves the joint project agreement, that
1028 department must review the public purpose and necessity for the
1029 corridor pursuant to s. 337.273(5) and must also determine that
1030 the proposed corridor is consistent with the Florida
1031 Transportation Plan. Before the Department of Commerce approves
1032 the joint project agreement, that department must determine that
1033 the proposed corridor is consistent with the applicable local
1034 government comprehensive plans. An affected local government may
1035 provide its comments regarding the consistency of the proposed
1036 corridor with its comprehensive plan to the Department of
1037 Commerce.
1038 Section 20. (1) The Legislature finds that the widening of
1039 Interstate 4, from U.S. 27 in Polk County to Interstate 75 in
1040 Hillsborough County, is in the public interest and the strategic
1041 interest of the region to improve the movement of people and
1042 goods.
1043 (2) The Department of Transportation shall develop a report
1044 on widening Interstate 4, from U.S. 27 in Polk County to
1045 Interstate 75 in Hillsborough County, as efficiently as possible
1046 which includes, but is not limited to, detailed cost projections
1047 and schedules for project development and environment studies,
1048 design, acquisition of rights-of-way, and construction. The
1049 report must identify funding shortfalls and provide strategies
1050 to address such shortfalls, including, but not limited to, the
1051 use of express lane toll revenues generated on the Interstate 4
1052 corridor and available department funds for public-private
1053 partnerships. The Department of Transportation shall submit the
1054 report by December 31, 2025, to the Governor, the President of
1055 the Senate, and the Speaker of the House of Representatives.
1056 Section 21. This act shall take effect July 1, 2025.