CS for CS for CS for SB 462 First Engrossed
2025462e1
1 A bill to be entitled
2 An act relating to transportation; amending s. 161.58,
3 F.S.; revising an exception to a prohibition on
4 vehicular traffic on coastal beaches; creating s.
5 218.3215, F.S.; requiring counties to report certain
6 information to the Office of Economic and Demographic
7 Research annually by a specified date; requiring
8 counties to report the information in the format
9 specified by the office; requiring the office to
10 provide a certain report to the Legislature and the
11 Department of Transportation; amending s. 316.003,
12 F.S.; revising the definitions of the terms “dynamic
13 driving task,” “micromobility device,” and “vehicle”;
14 amending s. 316.173, F.S.; authorizing a person to
15 request an administrative hearing with a school
16 district or county within a specified timeframe after
17 receiving a notice of violation; specifying that the
18 mailing of the notice of violation constitutes
19 notification; deleting a provision requiring a court
20 with jurisdiction over traffic violations to determine
21 whether a specified violation has occurred;
22 authorizing school districts and counties to appoint
23 local hearing officers to conduct certain
24 administrative hearings; providing eligibility
25 requirements for such officers; providing duties of
26 such officers; providing for penalties and costs;
27 providing procedures for an administrative hearing;
28 providing a specified date by which certain
29 administrative hearings may be conducted; amending s.
30 316.20655, F.S.; authorizing a local government to
31 adopt certain ordinances and provide certain training
32 relating to the safe operation of electric bicycles;
33 amending s. 316.2128, F.S.; authorizing a local
34 government to adopt certain ordinances and provide
35 certain training relating to the safe operation of
36 motorized scooters and micromobility devices; amending
37 s. 316.650, F.S.; revising the entity required to
38 provide citation data in the case of a traffic
39 enforcement agency that has an automated citation
40 issuance system; creating s. 316.88, F.S.; prohibiting
41 excessive wakes under certain circumstances; amending
42 s. 318.18, F.S.; providing minimum civil penalties for
43 a specified violation enforced by a school bus
44 infraction detection system; requiring such penalties
45 to be remitted to the school district at least monthly
46 and used for specified purposes; requiring specified
47 administrative costs to be imposed for specified
48 violations; requiring that such costs be used by a
49 school district or county, as applicable, for
50 specified purposes; requiring that certain costs be
51 remitted to the county at least monthly; conforming a
52 cross-reference; amending s. 318.21, F.S.; requiring
53 that specified penalties be distributed in a specified
54 manner; conforming a cross-reference; creating s.
55 320.0849, F.S.; requiring the department to issue
56 expectant mother parking permits upon application;
57 specifying the validity period thereof; providing
58 design requirements for expectant mother parking
59 permit placards or decals; providing application
60 requirements; authorizing such permitholders to park
61 in certain spaces; creating s. 330.355, F.S.;
62 prohibiting publicly owned airports from charging a
63 landing fee established on or after a specified date
64 for certain aircraft operations; amending s. 332.004,
65 F.S.; revising definitions; amending s. 332.006, F.S.;
66 revising duties and responsibilities of the department
67 relating to airports; amending s. 332.007, F.S.;
68 revising provisions relating to the administration and
69 financing of certain aviation and airport programs and
70 projects; authorizing certain airports to participate
71 in a specified federal program in a certain manner;
72 authorizing the department to provide for improvements
73 to certain entities for the capital cost of a
74 discretionary improvement project at a public-use
75 airport, subject to the availability of certain funds;
76 creating s. 332.136, F.S.; establishing an airport
77 pilot program at the Sarasota Manatee Airport
78 Authority; providing the purpose of the pilot program;
79 requiring the department to adopt rules; requiring the
80 department, by a specified date, to submit certain
81 recommendations to the Governor and the Legislature;
82 providing for the future repeal of specified
83 provisions; amending s. 334.044, F.S.; authorizing the
84 department to acquire property or property rights in
85 advance to preserve a corridor for future proposed
86 improvements; authorizing the department to expend
87 from the State Transportation Trust Fund a certain
88 amount of grant funds annually to state colleges and
89 school districts for certain construction workforce
90 development programs; requiring that priority be given
91 to certain colleges and school districts; amending s.
92 334.065, F.S.; deleting a provision specifying that
93 the Florida Center for Urban Transportation Research
94 shall be administered by the Board of Governors of the
95 State University System; deleting a provision
96 prohibiting the undertaking of certain projects
97 without the approval of the Center for Urban
98 Transportation Research advisory board; revising
99 membership of such advisory board; creating s. 334.63,
100 F.S.; providing requirements for certain project
101 concept studies and project development and
102 environment studies; amending s. 337.11, F.S.;
103 revising the bidding and award process for contracts
104 for road construction and maintenance projects;
105 revising the circumstances in which the department
106 must competitively award a phased design-build
107 contract for phase one; requiring the department to
108 select a single design-build firm to perform the work
109 associated with phase two under certain circumstances;
110 authorizing a design-build firm to self-perform
111 portions of work under a contract; requiring that
112 contracts let by the department on or after a certain
113 date for bridge construction or maintenance over
114 navigable waters include protection and indemnity
115 coverage; amending s. 337.14, F.S.; authorizing the
116 department to waive contractor certification
117 requirements for certain projects; revising the
118 threshold value of contracts for which the department
119 may waive a contract bond requirement; requiring that
120 a contractor seeking to bid on certain maintenance
121 contracts possess certain qualifications; amending s.
122 337.185, F.S.; increasing the limits of claims per
123 contract which a contractor may submit to the State
124 Arbitration Board; revising the period in which an
125 arbitration request may be made for a claim related to
126 a warranty notice; amending s. 339.175, F.S.; revising
127 legislative intent; revising requirements for the
128 designation of additional metropolitan planning
129 organizations (M.P.O.’s); revising projects and
130 strategies to be considered in developing an M.P.O.’s
131 long-range transportation plan and transportation
132 improvement program; deleting obsolete provisions;
133 requiring the department to convene M.P.O.’s of
134 similar size to exchange best practices at least
135 annually; authorizing M.P.O.’s to develop committees
136 or working groups; requiring training for new M.P.O.
137 governing board members to be provided by the
138 department or another specified entity; deleting
139 provisions relating to M.P.O. coordination mechanisms;
140 including public-private partnerships in authorized
141 financing techniques; revising proposed transportation
142 enhancement activities that must be indicated by the
143 long-range transportation plan; authorizing each
144 M.P.O. to execute a written agreement with the
145 department regarding state and federal transportation
146 planning requirements; requiring the department, in
147 collaboration with M.P.O.’s, to establish certain
148 quality performance metrics and develop certain
149 performance targets; requiring the department to
150 evaluate and post on its website whether each M.P.O.
151 has made significant progress toward such targets;
152 amending s. 339.65, F.S.; requiring the department to
153 prioritize certain Strategic Intermodal System highway
154 corridor projects; creating s. 339.85, F.S.; requiring
155 the department to implement a Next-generation Traffic
156 Signal Modernization Program; providing program
157 requirements; amending s. 348.0304, F.S.; revising
158 membership of the governing body of the Greater Miami
159 Expressway Agency; reenacting s. 332.115(1), F.S.,
160 relating to joint project agreements with port
161 districts for transportation corridors between
162 airports and port facilities, to incorporate the
163 amendment made to s. 332.004, F.S., in a reference
164 thereto; providing a legislative finding; requiring
165 the department to develop a report on widening
166 Interstate 4; providing requirements for the report;
167 requiring the department to submit the report to the
168 Governor and the Legislature by a specified date;
169 providing effective dates.
170
171 Be It Enacted by the Legislature of the State of Florida:
172
173 Section 1. Subsection (2) of section 161.58, Florida
174 Statutes, is amended to read:
175 161.58 Vehicular traffic on coastal beaches.—
176 (2) Vehicular traffic, except that which is necessary for
177 cleanup, repair, or public safety; for removal of rental
178 equipment using off-highway vehicles as defined in s. 317.0003,
179 as authorized by the governing body having jurisdiction of the
180 coastal property through formal agreement;, or for the purpose
181 of maintaining existing licensed and permitted traditional
182 commercial fishing activities or existing authorized public
183 accessways, is prohibited on coastal beaches except where a
184 local government with jurisdiction over a coastal beach or
185 portions of a coastal beach has:
186 (a) Authorized such traffic, by at least a three-fifths
187 vote of its governing body, on all or portions of the beaches
188 under its jurisdiction prior to the effective date of this act;
189 and
190 (b) Determined, by October 1, 1989, in accordance with the
191 rules of the department, that less than 50 percent of the peak
192 user demand for off-beach parking is available. However, the
193 requirements and department rulemaking authority provided in
194 this paragraph shall not apply to counties that have adopted,
195 prior to January 1, 1988, unified countywide beach regulations
196 pursuant to a county home rule charter.
197 Section 2. Section 218.3215, Florida Statutes, is created
198 to read:
199 218.3215 County transportation project data.—
200 (1) Each county shall, annually by January 15, report to
201 the Office of Economic and Demographic Research all of the
202 following information, by county fiscal year, for surtax
203 revenues received pursuant to s. 212.055(1):
204 (a) Total proceeds from the surtax received by the county.
205 (b) The amount allocated by the county for road and bridge
206 projects. The Office of Economic and Demographic Research, in
207 consultation with the Department of Transportation, shall define
208 broad categories, including, but not limited to, widening,
209 repair and rehabilitation, sidewalks, or payment or pledge of
210 bonds for the construction of roads or bridges, for reporting
211 this information. This information must be reported as a total
212 by category and by revenue source by category.
213 (c) The total expenditure on road and bridge projects by
214 category.
215 (d) The unexpended balances of funds allocated to road and
216 bridge projects by category.
217 (e) A list of current road and bridge projects, including
218 the project cost, location, and scope.
219 (f) The amount allocated by the county to all other
220 permissible uses of the proceeds from the surtax, excluding road
221 and bridge projects and the payment or pledge of bonds for the
222 construction of roads or bridges.
223 (2) Counties shall report the information required by this
224 section in the format specified by the Office of Economic and
225 Demographic Research. The Office of Economic and Demographic
226 Research shall compile the information into a report and provide
227 the report to the President of the Senate, the Speaker of the
228 House of Representatives, and the Department of Transportation.
229 Section 3. Paragraph (b) of subsection (3) and subsections
230 (41) and (109) of section 316.003, Florida Statutes, are amended
231 to read:
232 316.003 Definitions.—The following words and phrases, when
233 used in this chapter, shall have the meanings respectively
234 ascribed to them in this section, except where the context
235 otherwise requires:
236 (3) AUTOMATED DRIVING SYSTEM.—The hardware and software
237 that are collectively capable of performing the entire dynamic
238 driving task of an autonomous vehicle on a sustained basis,
239 regardless of whether it is limited to a specific operational
240 design domain. The term:
241 (b) “Dynamic driving task” means all of the real-time
242 operational and tactical functions required to operate a vehicle
243 in on-road traffic within its specific operational design
244 domain, if any, excluding strategic functions such as trip
245 scheduling; provision of event-based information, advice,
246 instruction, or revised goals; and selection of destinations and
247 waypoints.
248 (41) MICROMOBILITY DEVICE.—A motorized transportation
249 device designed for individual use which is typically 20 to 36
250 inches in width and 50 pounds or less in weight and which
251 operates at a speed of typically less than 15 miles per hour but
252 no more than 28 miles per hour. This term includes both a human
253 powered and a nonhuman-powered device such as a bicycle,
254 electric bicycle, motorized scooter, or any other device that is
255 owned by an individual or part of a shared fleet Any motorized
256 transportation device made available for private use by
257 reservation through an online application, website, or software
258 for point-to-point trips and which is not capable of traveling
259 at a speed greater than 20 miles per hour on level ground. This
260 term includes motorized scooters and bicycles as defined in this
261 chapter.
262 (109) VEHICLE.—Every device in, upon, or by which any
263 person or property is or may be transported or drawn upon a
264 street or highway, except personal delivery devices, mobile
265 carriers, and devices used exclusively upon stationary rails or
266 tracks.
267 Section 4. Effective upon this act becoming a law, present
268 subsections (6) through (19) of section 316.173, Florida
269 Statutes, are redesignated as subsections (7) through (20),
270 respectively, a new subsection (6) is added to that section, and
271 paragraph (c) of subsection (1), subsection (5), and present
272 subsections (8), (10), (11), and (12) of that section are
273 amended, to read:
274 316.173 School bus infraction detection systems.—
275 (1)
276 (c) The school district must ensure that each school bus
277 infraction detection system meets the requirements of subsection
278 (19) (18).
279 (5) Within 30 days after receiving the information required
280 in subsection (4), the law enforcement agency or its designee
281 must, if it is determined that the motor vehicle violated s.
282 316.172(1)(a) or (b), send a notice of violation to the
283 registered owner of the motor vehicle involved in the violation
284 specifying the remedies available under s. 318.14 and that the
285 violator must pay the penalty under s. 318.18(5), or furnish an
286 affidavit in accordance with subsection (11), or request an
287 administrative hearing with the school district or county, as
288 applicable, subsection (10) within 60 30 days after the notice
289 of violation is sent in order to avoid court fees, costs, and
290 the issuance of a uniform traffic citation. The mailing of the
291 notice of violation constitutes notification. The notice of
292 violation must be sent by first-class mail and include all of
293 the following:
294 (a) A copy of one or more recorded images showing the motor
295 vehicle involved in the violation, including an image showing
296 the license plate of the motor vehicle.
297 (b) The date, time, and location of the violation.
298 (c) The amount of the civil penalty, the date by which the
299 civil penalty must be paid, and instructions on how to pay the
300 civil penalty.
301 (d) Instructions on how to request a hearing to contest
302 liability or the notice of violation.
303 (e) A notice that the owner has the right to review, in
304 person or remotely, the video and images recorded by the school
305 bus infraction detection system which constitute a rebuttable
306 presumption against the owner of the motor vehicle that the
307 motor vehicle was used in violation of s. 316.172(1)(a) or (b).
308 (f) The time when, and the place or website at which, the
309 recorded video and images may be examined and observed.
310 (g) A warning that failure to pay the civil penalty or to
311 contest liability within 60 30 days after the notice is sent
312 will result in the issuance of a uniform traffic citation. A
313 court that has jurisdiction over traffic violations shall
314 determine whether a violation of this section has occurred. If a
315 court finds by a preponderance of the evidence that a violation
316 occurred, the court must uphold the violation. If the notice of
317 violation is upheld, the court must require the petitioner to
318 pay the penalty previously assessed under s. 318.18(5), and may
319 also require the petitioner to pay costs, not to exceed those
320 established in s. 316.0083(5)(e).
321 (6)(a) A local hearing officer appointed by the school
322 district or county shall administer an administrative hearing
323 process for a contested notice of violation. The school district
324 may appoint an attorney who is, and has been for the preceding 5
325 years, a member in good standing with The Florida Bar to serve
326 as a local hearing officer. The county in which a school
327 district has entered into an interlocal agreement with a law
328 enforcement agency to issue uniform traffic citations may
329 designate by resolution existing staff to serve as the local
330 hearing officer. At the administrative hearing, the local
331 hearing officer shall determine whether a violation of s.
332 316.172(1)(a) or (b) has occurred. If the local hearing officer
333 finds by a preponderance of the evidence that a violation has
334 occurred, the local hearing officer must uphold the notice of
335 violation and require the petitioner to pay the penalty
336 previously assessed under s. 318.18(5). The local hearing
337 officer shall also require the petitioner to pay costs
338 consistent with this subsection.
339 (b) Procedures for an administrative hearing conducted
340 under this subsection are as follows:
341 1. The department shall make available electronically to
342 the school district or its designee or the county a Request for
343 Hearing form to assist each district or county with
344 administering this subsection.
345 2. A person, referred to in this paragraph as the
346 petitioner, who elects to request a hearing under this
347 subsection shall be scheduled for a hearing. The hearing may be
348 conducted either virtually via live video conferencing or in
349 person.
350 3. Within 120 days after receipt of a timely request for a
351 hearing, the law enforcement agency or its designee shall
352 provide a replica of the notice of violation data to the school
353 district or county by manual or electronic transmission, and
354 thereafter the school district or its designee or the county
355 shall mail a notice of hearing, which shall include a hearing
356 date and may at the discretion of the district or county include
357 virtual and in-person hearing options, to the petitioner by
358 first-class mail. Mailing of the notice of hearing constitutes
359 notification. Upon receipt of the notice of hearing, the
360 petitioner may reschedule the hearing once by submitting a
361 written request to the local hearing officer at least 5 calendar
362 days before the day of the originally scheduled hearing. The
363 petitioner may cancel his or her hearing by paying the penalty
364 assessed in the notice of violation.
365 4. All testimony at the hearing shall be under oath. The
366 local hearing officer shall take testimony from the law
367 enforcement agency and the petitioner, and may take testimony
368 from others. The local hearing officer shall review the video
369 and images recorded by a school bus infraction detection system.
370 Formal rules of evidence do not apply, but due process shall be
371 observed and govern the proceedings.
372 5. At the conclusion of the hearing, the local hearing
373 officer shall determine by a preponderance of the evidence
374 whether a violation has occurred and shall uphold or dismiss the
375 violation. The local hearing officer shall issue a final
376 administrative order including the determination and, if the
377 notice of violation is upheld, require the petitioner to pay the
378 civil penalty previously assessed in the notice of violation,
379 and shall also require the petitioner to pay costs, not to
380 exceed those established in s. 316.0083(5)(e), to be used by the
381 county for operational costs relating to the hearing process or
382 by the school district for technology and operational costs
383 relating to the hearing process as well as school transportation
384 safety-related initiatives. The final administrative order shall
385 be mailed to the petitioner by first-class mail.
386 6. An aggrieved party may appeal a final administrative
387 order consistent with the process provided in s. 162.11.
388 (c) Any hearing for a contested notice of violation that
389 has not been conducted before July 1, 2025, may be conducted
390 pursuant to the procedures in this subsection within 1 year
391 after such date.
392 (9)(8) A uniform traffic citation must be issued by mailing
393 the uniform traffic citation by certified mail to the address of
394 the registered owner of the motor vehicle involved in the
395 violation if, within 60 days after notification under subsection
396 (5), payment has not been made, within 30 days after
397 notification under subsection (5) and if the registered owner
398 has not submitted an affidavit in accordance with subsection
399 (11), or the registered owner has not requested an
400 administrative hearing with the school district or county, as
401 applicable, contesting the notice of violation pursuant to
402 subsection (6) (10).
403 (a) Delivery of the uniform traffic citation constitutes
404 notification of a violation under this subsection. If the
405 registered owner or co-owner of the motor vehicle; the person
406 identified as having care, custody, or control of the motor
407 vehicle at the time of the violation; or a duly authorized
408 representative of the owner, co-owner, or identified person
409 initiates a proceeding to challenge the citation, such person
410 waives any challenge or dispute as to the delivery of the
411 uniform traffic citation.
412 (b) In the case of joint ownership of a motor vehicle, the
413 uniform traffic citation must be mailed to the first name
414 appearing on the motor vehicle registration, unless the first
415 name appearing on the registration is a business organization,
416 in which case the second name appearing on the registration may
417 be used.
418 (c) The uniform traffic citation mailed to the registered
419 owner of the motor vehicle involved in the violation must be
420 accompanied by information described in paragraphs (5)(a)-(f).
421 (11)(10) To establish such facts under subsection (10) (9),
422 the registered owner of the motor vehicle must, within 60 30
423 days after the date of issuance of the notice of violation or
424 the uniform traffic citation, furnish to the law enforcement
425 agency that issued the notice of violation or uniform traffic
426 citation an affidavit setting forth information supporting an
427 exception under subsection (10) (9).
428 (a) An affidavit supporting the exception under paragraph
429 (10)(a) (9)(a) must include the name, address, date of birth,
430 and, if known, the driver license number of the person who
431 leased, rented, or otherwise had care, custody, or control of
432 the motor vehicle at the time of the alleged violation. If the
433 motor vehicle was stolen at the time of the alleged violation,
434 the affidavit must include the police report indicating that the
435 motor vehicle was stolen.
436 (b) If a uniform traffic citation for a violation of s.
437 316.172(1)(a) or (b) was issued at the location of the violation
438 by a law enforcement officer, the affidavit must include the
439 serial number of the uniform traffic citation.
440 (c) If the motor vehicle’s owner to whom a notice of
441 violation or a uniform traffic citation has been issued is
442 deceased, the affidavit must include a certified copy of the
443 owner’s death certificate showing that the date of death
444 occurred on or before the date of the alleged violation and one
445 of the following:
446 1. A bill of sale or other document showing that the
447 deceased owner’s motor vehicle was sold or transferred after his
448 or her death but on or before the date of the alleged violation.
449 2. Documented proof that the registered license plate
450 belonging to the deceased owner’s motor vehicle was returned to
451 the department or any branch office or authorized agent of the
452 department after his or her death but on or before the date of
453 the alleged violation.
454 3. A copy of the police report showing that the deceased
455 owner’s registered license plate or motor vehicle was stolen
456 after his or her death but on or before the date of the alleged
457 violation.
458
459 Upon receipt of the affidavit and documentation required under
460 paragraphs (b) and (c), or 60 30 days after the date of issuance
461 of a notice of violation sent to a person identified as having
462 care, custody, or control of the motor vehicle at the time of
463 the violation under paragraph (a), the law enforcement agency
464 must dismiss the notice or citation and provide proof of such
465 dismissal to the person who submitted the affidavit. If, within
466 60 30 days after the date of a notice of violation sent to a
467 person under subsection (12) (11), the law enforcement agency
468 receives an affidavit under subsection (13) (12) from the person
469 who was sent a notice of violation affirming that the person did
470 not have care, custody, or control of the motor vehicle at the
471 time of the violation, the law enforcement agency must notify
472 the registered owner that the notice or citation will not be
473 dismissed due to failure to establish that another person had
474 care, custody, or control of the motor vehicle at the time of
475 the violation.
476 (12)(11) Upon receipt of an affidavit under paragraph
477 (10)(a) (9)(a), the law enforcement agency may issue the person
478 identified as having care, custody, or control of the motor
479 vehicle at the time of the violation a notice of violation
480 pursuant to subsection (5) for a violation of s. 316.172(1)(a)
481 or (b). The affidavit is admissible in a proceeding pursuant to
482 this section for the purpose of providing evidence that the
483 person identified in the affidavit was in actual care, custody,
484 or control of the motor vehicle. The owner of a leased motor
485 vehicle for which a uniform traffic citation is issued for a
486 violation of s. 316.172(1)(a) or (b) is not responsible for
487 paying the uniform traffic citation and is not required to
488 submit an affidavit as specified in subsection (11) (10) if the
489 motor vehicle involved in the violation is registered in the
490 name of the lessee of such motor vehicle.
491 (13)(12) If a law enforcement agency receives an affidavit
492 under paragraph (10)(a) (9)(a), the notice of violation required
493 under subsection (5) must be sent to the person identified in
494 the affidavit within 30 days after receipt of the affidavit. The
495 person identified in an affidavit and sent a notice of violation
496 may also affirm he or she did not have care, custody, or control
497 of the motor vehicle at the time of the violation by furnishing
498 to the appropriate law enforcement agency within 60 30 days
499 after the date of the notice of violation an affidavit stating
500 such.
501 Section 5. Subsection (1) of section 316.20655, Florida
502 Statutes, is amended, and subsections (8) and (9) are added to
503 that section, to read:
504 316.20655 Electric bicycle regulations.—
505 (1) Except as otherwise provided in this section, an
506 electric bicycle or an operator of an electric bicycle shall be
507 afforded all the rights and privileges, and be subject to all of
508 the duties, of a bicycle or the operator of a bicycle, including
509 s. 316.2065. An electric bicycle is a vehicle to the same extent
510 as a bicycle. However, this section may not be construed to
511 prevent a local government, through the exercise of its powers
512 under s. 316.008, from adopting an ordinance governing the
513 operation of electric bicycles on streets, highways, sidewalks,
514 and sidewalk areas under or within the local government’s
515 jurisdiction; to prevent a municipality, county, or agency of
516 the state having jurisdiction over a bicycle path, multiuse
517 path, or trail network from restricting or prohibiting the
518 operation of an electric bicycle on a bicycle path, multiuse
519 path, or trail network; or to prevent a municipality, county, or
520 agency of the state having jurisdiction over a beach as defined
521 in s. 161.54(3) or a dune as defined in s. 161.54(4) from
522 restricting or prohibiting the operation of an electric bicycle
523 on such beach or dune.
524 (8) A local government may adopt an ordinance providing one
525 or more minimum age requirements to operate an electric bicycle
526 and may adopt an ordinance requiring an operator of an electric
527 bicycle to possess a government-issued photographic
528 identification while operating the electric bicycle.
529 (9) A local government may provide training on the safe
530 operation of electric bicycles and compliance with the traffic
531 laws of this state that apply to electric bicycles.
532 Section 6. Subsections (7) and (8) are added to section
533 316.2128, Florida Statutes, to read:
534 316.2128 Micromobility devices, motorized scooters, and
535 miniature motorcycles; requirements.—
536 (7) A local government may adopt an ordinance providing one
537 or more minimum age requirements to operate a motorized scooter
538 or micromobility device and may adopt an ordinance requiring a
539 person who operates a motorized scooter or micromobility device
540 to possess a government-issued photographic identification while
541 operating the motorized scooter or micromobility device.
542 (8) A local government may provide training on the safe
543 operation of motorized scooters and micromobility devices and
544 compliance with the traffic laws of this state that apply to
545 motorized scooters and micromobility devices.
546 Section 7. Effective upon this act becoming a law,
547 paragraph (a) of subsection (3) of section 316.650, Florida
548 Statutes, is amended to read:
549 316.650 Traffic citations.—
550 (3)(a) Except for a traffic citation issued pursuant to s.
551 316.1001, s. 316.0083, s. 316.173, or s. 316.1896, each traffic
552 enforcement officer, upon issuing a traffic citation to an
553 alleged violator of any provision of the motor vehicle laws of
554 this state or of any traffic ordinance of any municipality or
555 town, shall deposit the original traffic citation or, in the
556 case of a traffic enforcement agency that has an automated
557 citation issuance system, the agency chief administrative
558 officer shall provide by an electronic transmission a replica of
559 the citation data to the a court having jurisdiction over the
560 alleged offense or with its traffic violations bureau within 5
561 business days after issuance to the violator.
562 Section 8. Section 316.88, Florida Statutes, is created to
563 read:
564 316.88 Creation of a wake on streets or highways.—A person
565 may not operate a motor vehicle, vessel, or any other conveyance
566 at a speed that creates an excessive wake on a flooded or
567 inundated street or highway.
568 Section 9. Effective upon this act becoming a law,
569 paragraphs (a), (b), and (c) of subsection (5) of section
570 318.18, Florida Statutes, are amended to read:
571 318.18 Amount of penalties.—The penalties required for a
572 noncriminal disposition pursuant to s. 318.14 or a criminal
573 offense listed in s. 318.17 are as follows:
574 (5)(a)1. Except as provided in subparagraph 2., $200 two
575 hundred dollars for a violation of s. 316.172(1)(a), failure to
576 stop for a school bus. If, at a hearing, the alleged offender is
577 found to have committed this offense, the court shall impose a
578 minimum civil penalty of $200. In addition to this penalty, for
579 a second or subsequent offense within a period of 5 years, the
580 department shall suspend the driver license of the person for
581 not less than 180 days and not more than 1 year.
582 2. If a violation of s. 316.172(1)(a) is enforced by a
583 school bus infraction detection system pursuant to s. 316.173,
584 the penalty of $200 shall be imposed. If, at an administrative
585 hearing contesting a notice of violation or uniform traffic
586 citation, the alleged offender is found to have committed this
587 offense, a minimum civil penalty of $200 shall be imposed.
588 Notwithstanding any other provision of law, the civil penalties
589 assessed under this subparagraph resulting from a notice of
590 violation or uniform traffic citation shall be remitted to the
591 school district at least monthly and used pursuant to s.
592 316.173(8).
593 (b)1. Except as provided in subparagraph 2., $400 four
594 hundred dollars for a violation of s. 316.172(1)(b), passing a
595 school bus on the side that children enter and exit when the
596 school bus displays a stop signal. If, at a hearing, the alleged
597 offender is found to have committed this offense, the court
598 shall impose a minimum civil penalty of $400.
599 2. If a violation of s. 316.172(1)(b) is enforced by a
600 school bus infraction detection system pursuant to s. 316.173,
601 the penalty under this subparagraph paragraph is a minimum of
602 $200. If, at a hearing contesting a notice of violation or
603 uniform traffic citation, the alleged offender is found to have
604 committed this offense, the court shall must impose a minimum
605 civil penalty of $200. Notwithstanding any other provision of
606 law, the civil penalties assessed under this subparagraph
607 resulting from notice of violation or uniform traffic citation
608 shall be remitted to the school district at least monthly and
609 used pursuant to s. 316.173(8).
610 3. In addition to this penalty, for a second or subsequent
611 offense within a period of 5 years, the department shall suspend
612 the driver license of the person for not less than 360 days and
613 not more than 2 years.
614 (c)1. In addition to the penalty under subparagraph (a)2.
615 or subparagraph (b)2., if, at an administrative hearing
616 contesting a notice of violation, the alleged offender is found
617 to have committed this offense, costs shall be imposed, not to
618 exceed those established in s. 316.0083(5)(e), to be paid by the
619 petitioner and to be used by the county for the operational
620 costs related to the hearing or the school district for
621 technology and operational costs relating to the hearing as well
622 as school transportation safety-related initiatives.
623 Notwithstanding any other provision of law, if a county’s local
624 hearing officer administers the administrative hearing process
625 for a contested notice of violation, the costs imposed under
626 this subparagraph resulting from notice of violation shall be
627 remitted to the county at least monthly.
628 2. In addition to the penalty under paragraph (a) or
629 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
630 If the alleged offender is found to have committed the offense,
631 the court shall impose the civil penalty under paragraph (a) or
632 paragraph (b) plus an additional $65. The additional $65
633 collected under this subparagraph paragraph shall be remitted to
634 the Department of Revenue for deposit into the Emergency Medical
635 Services Trust Fund of the Department of Health to be used as
636 provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
637 (b) is enforced by a school bus infraction detection system
638 pursuant to s. 316.173, the additional amount imposed on a
639 notice of violation, on a uniform traffic citation, or by the
640 court under this paragraph must be $25, in lieu of the
641 additional $65, and, notwithstanding any other provision of law,
642 the civil penalties and additional costs must be remitted to the
643 participating school district at least monthly and used pursuant
644 to s. 316.173(8) s. 316.173(7).
645 Section 10. Effective upon this act becoming a law,
646 subsection (21) of section 318.21, Florida Statutes, is amended
647 to read:
648 318.21 Disposition of civil penalties by county courts.—All
649 civil penalties received by a county court pursuant to the
650 provisions of this chapter shall be distributed and paid monthly
651 as follows:
652 (21) Notwithstanding subsections (1) and (2) or any other
653 provision of law, the civil penalties and the proceeds from the
654 additional penalties imposed pursuant to s. 318.18(5)(a)2.,
655 (b)2., and (c) and (21) s. 318.18(5)(c) and (21) shall be
656 distributed as provided in that section.
657 Section 11. Section 320.0849, Florida Statutes, is created
658 to read:
659 320.0849 Expectant mother parking permits.—
660 (1)(a) The department or its authorized agents shall, upon
661 application, issue an expectant mother parking permit placard or
662 decal to an expectant mother. The placard or decal is valid for
663 up to 1 year after the date of issuance.
664 (b) The department shall, by rule, provide for the design,
665 size, color, and placement of the expectant mother parking
666 permit placard or decal. The placard or decal must be designed
667 to conspicuously display the expiration date of the permit.
668 (2) An application for an expectant mother parking permit
669 must include, but need not be limited to:
670 (a) Certification provided by a physician licensed under
671 chapter 458 or chapter 459 that the applicant is an expectant
672 mother.
673 (b) The certifying physician’s name and address.
674 (c) The physician’s certification number.
675 (d) The following statement in bold letters: “An expectant
676 mother parking permit may be issued only to an expectant mother
677 and is valid for up to 1 year after the date of issuance.”
678 (e) The signatures of:
679 1. The certifying physician.
680 2. The applicant.
681 3. The employee of the department processing the
682 application.
683 (3) Notwithstanding any other provision of law, an
684 expectant mother who is issued an expectant mother parking
685 permit under this section may park a motor vehicle in a parking
686 space designated for persons who have disabilities as provided
687 in s. 553.5041.
688 Section 12. Section 330.355, Florida Statutes, is created
689 to read:
690 330.355 Prohibition on landing fees for certain aircraft
691 operations.—A publicly owned airport in this state may not
692 charge a landing fee established on or after January 1, 2025,
693 for aircraft operations conducted by an accredited nonprofit
694 institution located in this state which offers a 4-year
695 collegiate aviation program, when such aircraft operations are
696 for flight training necessary for pilot certification and
697 proficiency.
698 Section 13. Subsections (4), (5), (7), and (8) of section
699 332.004, Florida Statutes, are amended to read:
700 332.004 Definitions of terms used in ss. 332.003-332.007.
701 As used in ss. 332.003-332.007, the term:
702 (4) “Airport or aviation development project” or
703 “development project” means any activity associated with the
704 design, construction, purchase, improvement, or repair of a
705 public-use airport or portion thereof, including, but not
706 limited to: the purchase of equipment; the acquisition of land,
707 including land required as a condition of a federal, state, or
708 local permit or agreement for environmental mitigation; off
709 airport noise mitigation projects; the removal, lowering,
710 relocation, marking, and lighting of airport hazards; the
711 installation of navigation aids used by aircraft in landing at
712 or taking off from a public-use public airport; the installation
713 of safety equipment required by rule or regulation for
714 certification of the airport under s. 612 of the Federal
715 Aviation Act of 1958, and amendments thereto; and the
716 improvement of access to the airport by road or rail system
717 which is on airport property and which is consistent, to the
718 maximum extent feasible, with the approved local government
719 comprehensive plan of the units of local government in which the
720 airport is located.
721 (5) “Airport or aviation discretionary capacity improvement
722 projects” or “discretionary capacity improvement projects” means
723 capacity improvements which are consistent, to the maximum
724 extent feasible, with the approved local government
725 comprehensive plans of the units of local government in which
726 the public-use airport is located, and which enhance
727 intercontinental capacity at airports which:
728 (a) Are international airports with United States Bureau of
729 Customs and Border Protection;
730 (b) Had one or more regularly scheduled intercontinental
731 flights during the previous calendar year or have an agreement
732 in writing for installation of one or more regularly scheduled
733 intercontinental flights upon the commitment of funds for
734 stipulated airport capital improvements; and
735 (c) Have available or planned public ground transportation
736 between the airport and other major transportation facilities.
737 (7) “Eligible agency” means a political subdivision of the
738 state or an authority, or a public-private partnership through a
739 lease or an agreement under s. 255.065 with a political
740 subdivision of the state or an authority, which owns or seeks to
741 develop a public-use airport.
742 (8) “Federal aid” means funds made available from the
743 Federal Government for the accomplishment of public-use airport
744 or aviation development projects.
745 Section 14. Subsections (4) and (8) of section 332.006,
746 Florida Statutes, are amended to read:
747 332.006 Duties and responsibilities of the Department of
748 Transportation.—The Department of Transportation shall, within
749 the resources provided pursuant to chapter 216:
750 (4) Upon request, provide financial and technical
751 assistance to public agencies that own which operate public-use
752 airports by making department personnel and department-owned
753 facilities and equipment available on a cost-reimbursement basis
754 to such agencies for special needs of limited duration. The
755 requirement relating to reimbursement of personnel costs may be
756 waived by the department in those cases in which the assistance
757 provided by its personnel was of a limited nature or duration.
758 (8) Encourage the maximum allocation of federal funds to
759 local public-use airport projects in this state.
760 Section 15. Paragraphs (a) and (c) of subsection (4),
761 subsection (6), paragraphs (a) and (d) of subsection (7), and
762 subsections (8) and (10) of section 332.007, Florida Statutes,
763 are amended, and subsection (11) is added to that section, to
764 read:
765 332.007 Administration and financing of aviation and
766 airport programs and projects; state plan.—
767 (4)(a) The annual legislative budget request for aviation
768 and airport development projects shall be based on the funding
769 required for development projects in the aviation and airport
770 work program. The department shall provide priority funding in
771 support of the planning, design, and construction of proposed
772 projects by local sponsors of public-use airports, with special
773 emphasis on projects for runways and taxiways, including the
774 painting and marking of runways and taxiways, lighting, other
775 related airside activities, and airport access transportation
776 facility projects on airport property.
777 (c) No single airport shall secure airport or aviation
778 development project funds in excess of 25 percent of the total
779 airport or aviation development project funds available in any
780 given budget year. However, any public-use airport which
781 receives discretionary capacity improvement project funds in a
782 given fiscal year shall not receive greater than 10 percent of
783 total aviation and airport development project funds
784 appropriated in that fiscal year.
785 (6) Subject to the availability of appropriated funds, the
786 department may participate in the capital cost of eligible
787 public-use public airport and aviation development projects in
788 accordance with the following rates, unless otherwise provided
789 in the General Appropriations Act or the substantive bill
790 implementing the General Appropriations Act:
791 (a) The department may fund up to 50 percent of the portion
792 of eligible project costs which are not funded by the Federal
793 Government, except that the department may initially fund up to
794 75 percent of the cost of land acquisition for a new airport or
795 for the expansion of an existing airport which is owned and
796 operated by a municipality, a county, or an authority, and shall
797 be reimbursed to the normal statutory project share when federal
798 funds become available or within 10 years after the date of
799 acquisition, whichever is earlier. Due to federal budgeting
800 constraints, the department may also initially fund the federal
801 portion of eligible project costs subject to:
802 1. The department receiving adequate assurance from the
803 Federal Government or local sponsor that this amount will be
804 reimbursed to the department; and
805 2. The department having adequate funds in the work program
806 to fund the project.
807
808 Such projects must be contained in the Federal Government’s
809 Airport Capital Improvement Program, and the Federal Government
810 must fund, or have funded, the first year of the project.
811 (b) The department may retroactively reimburse cities,
812 counties, or airport authorities up to 50 percent of the
813 nonfederal share for land acquisition when such land is needed
814 for airport safety, expansion, tall structure control, clear
815 zone protection, or noise impact reduction. No land purchased
816 prior to July 1, 1990, or purchased prior to executing the
817 required department agreements shall be eligible for
818 reimbursement.
819 (c) When federal funds are not available, the department
820 may fund up to 80 percent of master planning and eligible
821 aviation development projects at public-use publicly owned,
822 publicly operated airports. If federal funds are available, the
823 department may fund up to 80 percent of the nonfederal share of
824 such projects. Such funding is limited to general aviation
825 airports, or commercial service airports that have fewer than
826 100,000 passenger boardings per year as determined by the
827 Federal Aviation Administration.
828 (d) The department is authorized to fund up to 100 percent
829 of the cost of an eligible project that is statewide in scope or
830 that involves more than one county where no other governmental
831 entity or appropriate jurisdiction exists.
832 (7) Subject to the availability of appropriated funds in
833 addition to aviation fuel tax revenues, the department may
834 participate in the capital cost of eligible public airport and
835 aviation discretionary capacity improvement projects. The annual
836 legislative budget request shall be based on the funding
837 required for discretionary capacity improvement projects in the
838 aviation and airport work program.
839 (a) The department shall provide priority funding in
840 support of:
841 1. Land acquisition which provides additional capacity at
842 the qualifying international airport or at that airport’s
843 supplemental air carrier airport.
844 2. Runway and taxiway projects that add capacity or are
845 necessary to accommodate technological changes in the aviation
846 industry.
847 3. Public-use airport access transportation projects that
848 improve direct airport access and are approved by the airport
849 sponsor.
850 4. International terminal projects that increase
851 international gate capacity.
852 (d) The department may fund up to 50 percent of the portion
853 of eligible project costs which are not funded by the Federal
854 Government except that the department may initially fund up to
855 75 percent of the cost of land acquisition for a new public-use
856 airport or for the expansion of an existing public-use airport
857 which is owned and operated by a municipality, a county, or an
858 authority, and shall be reimbursed to the normal statutory
859 project share when federal funds become available or within 10
860 years after the date of acquisition, whichever is earlier.
861 (8) The department may also fund eligible projects
862 performed by not-for-profit organizations that represent a
863 majority of public airports in this state. Eligible projects may
864 include activities associated with aviation master planning,
865 professional education, safety and security planning, enhancing
866 economic development and efficiency at airports in this state,
867 or other planning efforts to improve the viability of public-use
868 airports in this state.
869 (10) Subject to the availability of appropriated funds, and
870 unless otherwise provided in the General Appropriations Act or
871 the substantive bill implementing the General Appropriations
872 Act, the department may fund up to 100 percent of eligible
873 project costs of all of the following at a public-use publicly
874 owned, publicly operated airport located in a rural community as
875 defined in s. 288.0656 which does not have any scheduled
876 commercial service:
877 (a) The capital cost of runway and taxiway projects that
878 add capacity. Such projects must be prioritized based on the
879 amount of available nonstate matching funds.
880 (b) Economic development transportation projects pursuant
881 to s. 339.2821.
882
883 Any remaining funds must be allocated for projects specified in
884 subsection (6).
885 (11) Notwithstanding any other provisions of law, a
886 municipality, a county, or an authority that owns a public-use
887 airport may participate in the Federal Aviation Administration
888 Airport Investment Partnership Program under federal law by
889 contracting with a private partner to operate the airport under
890 lease or agreement. Subject to the availability of appropriated
891 funds from aviation fuel tax revenues, the department may
892 provide for improvements under this section to a municipality, a
893 county, or an authority that has a private partner under the
894 Airport Investment Partnership Program for the capital cost of a
895 discretionary improvement project at a public-use airport.
896 Section 16. Section 332.136, Florida Statutes, is created
897 to read:
898 332.136 Sarasota Manatee Airport Authority; airport pilot
899 program.—
900 (1) There is established at the Sarasota Manatee Airport
901 Authority an airport pilot program. The purpose of the pilot
902 program is to determine the long-term feasibility of alternative
903 airport permitting procedures, such as those provided in ss.
904 553.80, 1013.30, 1013.33, and 1013.371.
905 (2) The department shall adopt rules as necessary to
906 implement the pilot program.
907 (3) By December 1, 2027, the department shall submit
908 recommendations to the President of the Senate and the Speaker
909 of the House of Representatives about how to expand the pilot
910 program to additional airports, amend the pilot program to
911 increase its effectiveness, or terminate the pilot program.
912 (4) This section shall stand repealed on June 30, 2028,
913 unless reviewed and saved from appeal through reenactment by the
914 Legislature.
915 Section 17. Subsections (6) and (35) of section 334.044,
916 Florida Statutes, are amended to read:
917 334.044 Powers and duties of the department.—The department
918 shall have the following general powers and duties:
919 (6) To acquire, by the exercise of the power of eminent
920 domain as provided by law, all property or property rights,
921 whether public or private, which it may determine are necessary
922 to the performance of its duties and the execution of its
923 powers, including, but not limited to, in advance to preserve a
924 corridor for future proposed improvements.
925 (35) To expend funds for provide a construction workforce
926 development program, in consultation with affected stakeholders,
927 for delivery of projects designated in the department’s work
928 program. The department may annually expend up to $5 million
929 from the State Transportation Trust Fund for fiscal years 2025
930 2026 through 2029-2030 in grants to state colleges and school
931 districts, with priority given to state colleges and school
932 districts in counties that are rural communities as defined in
933 s. 288.0656(2), for the purchase of equipment simulators with
934 authentic original equipment manufacturer controls and a
935 companion curriculum, for the purchase of instructional aids for
936 use in conjunction with the equipment simulators, and to support
937 offering an elective course in heavy civil construction which
938 must, at a minimum, provide the student with an Occupational
939 Safety and Health Administration 10-hour certification and a
940 fill equipment simulator certification.
941 Section 18. Subsections (1) and (3) of section 334.065,
942 Florida Statutes, are amended to read:
943 334.065 Center for Urban Transportation Research.—
944 (1) There is established within at the University of South
945 Florida the Florida Center for Urban Transportation Research, to
946 be administered by the Board of Governors of the State
947 University System. The responsibilities of the center include,
948 but are not limited to, conducting and facilitating research on
949 issues related to urban transportation problems in this state
950 and serving as an information exchange and depository for the
951 most current information pertaining to urban transportation and
952 related issues.
953 (3) An advisory board shall be created to periodically and
954 objectively review and advise the center concerning its research
955 program. Except for projects mandated by law, state-funded base
956 projects shall not be undertaken without approval of the
957 advisory board. The membership of the board shall be composed
958 consist of nine experts in transportation-related areas, as
959 follows:
960 (a) A member appointed by the President of the Senate.
961 (b) A member appointed by the Speaker of the House of
962 Representatives.
963 (c) The Secretary of Transportation, or his or her
964 designee.
965 (d) The Secretary of Commerce, or his or her designee.
966 including the secretaries of the Department of Transportation,
967 the Department of Environmental Protection, and the Department
968 of Commerce, or their designees, and
969 (e) A member of the Florida Transportation Commission.
970 (f) Four members nominated The nomination of the remaining
971 members of the board shall be made to the President of the
972 University of South Florida by the College of Engineering at the
973 University of South Florida and approved by the university’s
974 president, and The appointment of these members must be reviewed
975 and approved by the Florida Transportation Commission and
976 confirmed by the Board of Governors.
977 Section 19. Section 334.63, Florida Statutes, is created to
978 read:
979 334.63 Project concept studies and project development and
980 environment studies.—
981 (1) Project concept studies and project development and
982 environment studies for capacity improvement projects on limited
983 access facilities must include the evaluation of alternatives
984 that provide transportation capacity using elevated roadway
985 above existing lanes.
986 (2) Project development and environment studies for new
987 alignment projects and capacity improvement projects must be
988 completed to the maximum extent possible within 18 months after
989 the date of commencement.
990 Section 20. Subsection (4), paragraph (b) of subsection
991 (7), and subsection (15) of section 337.11, Florida Statutes,
992 are amended to read:
993 337.11 Contracting authority of department; bids; emergency
994 repairs, supplemental agreements, and change orders; combined
995 design and construction contracts; progress payments; records;
996 requirements of vehicle registration.—
997 (4)(a) Except as provided in paragraph (b), the department
998 may award the proposed construction and maintenance work to the
999 lowest responsible bidder, or in the instance of a time-plus
1000 money contract, the lowest evaluated responsible bidder, or it
1001 may reject all bids and proceed to rebid the work in accordance
1002 with subsection (2) or otherwise perform the work.
1003 (b) Notwithstanding any other provision of law, if the
1004 department intends to reject all bids on any project after
1005 announcing, but before posting official notice of, such intent,
1006 the department must provide to the lowest responsive,
1007 responsible bidder the opportunity to negotiate the scope of
1008 work with a corresponding reduction in price, as provided in the
1009 bid, to provide a reduced bid without filing a protest or
1010 posting a bond under paragraph (5)(a). Upon reaching a decision
1011 regarding the lowest bidder’s reduced bid, the department must
1012 post notice of final agency action to either reject all bids or
1013 accept the reduced bid.
1014 (c) This subsection does not prohibit the filing of a
1015 protest by any bidder or alter the deadlines provided in s.
1016 120.57.
1017 (d) Notwithstanding the requirements of ss. 120.57(3)(c)
1018 and 287.057(25), upon receipt of a formal written protest that
1019 is timely filed, the department may continue the process
1020 provided in this subsection but may not take final agency action
1021 as to the lowest bidder except as part of the department’s final
1022 agency action in the protest or upon dismissal of the protest by
1023 the protesting party.
1024 (7)
1025 (b) If the department determines that it is in the best
1026 interests of the public, the department may combine the design
1027 and construction phases of a project fully funded in the work
1028 program into a single contract and select the design-build firm
1029 in the early stages of a project to ensure that the design-build
1030 firm is part of the collaboration and development of the design
1031 as part of a step-by-step progression through construction. Such
1032 a contract is referred to as a phased design-build contract. For
1033 phased design-build contracts, selection and award must include
1034 a two-phase process. For phase one, the department shall
1035 competitively award the contract to a design-build firm based
1036 upon qualifications, provided that the department receives at
1037 least three statements of qualifications from qualified design
1038 build firms. If during phase one the department elects to enter
1039 into contracts with more than one design-build firm based upon
1040 qualifications, the department must competitively select a
1041 single design-build firm to perform the work associated with
1042 phase two. For phase two, the design-build firm may self-perform
1043 portions of the work and shall competitively bid construction
1044 trade subcontractor packages and, based upon these bids,
1045 negotiate with the department a fixed firm price or guaranteed
1046 maximum price that meets the project budget and scope as
1047 advertised in the request for qualifications.
1048 (15) Each contract let by the department for performance of
1049 bridge construction or maintenance over navigable waters must
1050 contain a provision requiring marine general liability
1051 insurance, in an amount to be determined by the department,
1052 which covers third-party personal injury and property damage
1053 caused by vessels used by the contractor in the performance of
1054 the work. For a contract let by the department on or after July
1055 1, 2025, such insurance must include protection and indemnity
1056 coverage, which may be covered by endorsement on the marine
1057 general liability insurance policy or may be a separate policy.
1058 Section 21. Subsections (1), (2), and (8) of section
1059 337.14, Florida Statutes, are amended to read:
1060 337.14 Application for qualification; certificate of
1061 qualification; restrictions; request for hearing.—
1062 (1) Any contractor desiring to bid for the performance of
1063 any construction contract in excess of $250,000 which the
1064 department proposes to let must first be certified by the
1065 department as qualified pursuant to this section and rules of
1066 the department. The rules of the department must address the
1067 qualification of contractors to bid on construction contracts in
1068 excess of $250,000 and must include requirements with respect to
1069 the equipment, past record, experience, financial resources, and
1070 organizational personnel of the applying contractor which are
1071 necessary to perform the specific class of work for which the
1072 contractor seeks certification. Any contractor who desires to
1073 bid on contracts in excess of $50 million and who is not
1074 qualified and in good standing with the department as of January
1075 1, 2019, must first be certified by the department as qualified
1076 and must have satisfactorily completed two projects, each in
1077 excess of $15 million, for the department or for any other state
1078 department of transportation. The department may limit the
1079 dollar amount of any contract upon which a contractor is
1080 qualified to bid or the aggregate total dollar volume of
1081 contracts such contractor is allowed to have under contract at
1082 any one time. Each applying contractor seeking qualification to
1083 bid on construction contracts in excess of $250,000 shall
1084 furnish the department a statement under oath, on such forms as
1085 the department may prescribe, setting forth detailed information
1086 as required on the application. Each application for
1087 certification must be accompanied by audited, certified
1088 financial statements prepared in accordance with generally
1089 accepted accounting principles and auditing standards by a
1090 certified public accountant licensed in this state or another
1091 state. The audited, certified financial statements must be for
1092 the applying contractor and must have been prepared within the
1093 immediately preceding 12 months. The department may not consider
1094 any financial information of the parent entity of the applying
1095 contractor, if any. The department may not certify as qualified
1096 any applying contractor who fails to submit the audited,
1097 certified financial statements required by this subsection. If
1098 the application or the annual financial statement shows the
1099 financial condition of the applying contractor more than 4
1100 months before the date on which the application is received by
1101 the department, the applicant must also submit interim audited,
1102 certified financial statements prepared in accordance with
1103 generally accepted accounting principles and auditing standards
1104 by a certified public accountant licensed in this state or
1105 another state. The interim financial statements must cover the
1106 period from the end date of the annual statement and must show
1107 the financial condition of the applying contractor no more than
1108 4 months before the date that the interim financial statements
1109 are received by the department. However, upon the request of the
1110 applying contractor, an application and accompanying annual or
1111 interim financial statement received by the department within 15
1112 days after either 4-month period under this subsection shall be
1113 considered timely. An applying contractor desiring to bid
1114 exclusively for the performance of construction contracts with
1115 proposed budget estimates of less than $2 million may submit
1116 reviewed annual or reviewed interim financial statements
1117 prepared by a certified public accountant. The information
1118 required by this subsection is confidential and exempt from s.
1119 119.07(1). The department shall act upon the application for
1120 qualification within 30 days after the department determines
1121 that the application is complete. The department may waive the
1122 requirements of this subsection for push-button projects having
1123 a contract price of $1 million or less, or for non-push-button
1124 projects having a contract price of $500,000 or less, if the
1125 department determines that the project is of a noncritical
1126 nature and the waiver will not endanger public health, safety,
1127 or property.
1128 (2) Certification is shall be necessary in order to bid on
1129 a road, bridge, or public transportation construction contract
1130 of more than $250,000. However, the successful bidder on any
1131 construction contract must furnish a contract bond before prior
1132 to the award of the contract. The department may waive the
1133 requirement for all or a portion of a contract bond for
1134 contracts of $250,000 $150,000 or less under s. 337.18(1).
1135 (8) This section does not apply to maintenance contracts.
1136 Notwithstanding any other provision of law, a contractor seeking
1137 to bid on a maintenance contract in which the majority of the
1138 work includes repair and replacement of safety appurtenances,
1139 including, but not limited to, guardrails, attenuators, traffic
1140 signals, and striping, must possess the prescribed
1141 qualifications, equipment, record, and experience to perform
1142 such repair and replacement.
1143 Section 22. Subsections (4) and (5) of section 337.185,
1144 Florida Statutes, are amended to read:
1145 337.185 State Arbitration Board.—
1146 (4) The contractor may submit a claim greater than $250,000
1147 up to $2 $1 million per contract or, upon agreement of the
1148 parties, greater than up to $2 million per contract to be
1149 arbitrated by the board. An award issued by the board pursuant
1150 to this subsection is final if a request for a trial de novo is
1151 not filed within the time provided by Rule 1.830, Florida Rules
1152 of Civil Procedure. At the trial de novo, the court may not
1153 admit evidence that there has been an arbitration proceeding,
1154 the nature or amount of the award, or any other matter
1155 concerning the conduct of the arbitration proceeding, except
1156 that testimony given in connection with at an arbitration
1157 hearing may be used for any purpose otherwise permitted by the
1158 Florida Evidence Code. If a request for trial de novo is not
1159 filed within the time provided, the award issued by the board is
1160 final and enforceable by a court of law.
1161 (5) An arbitration request may not be made to the board
1162 before final acceptance but must be made to the board within 820
1163 days after final acceptance. An arbitration request related to a
1164 warranty notice provided by the department must be made to the
1165 board within 360 days after such notice or 820 days after final
1166 acceptance, whichever is later.
1167 Section 23. Present subsection (10) of section 339.175,
1168 Florida Statutes, is redesignated as subsection (11), a new
1169 subsection (10) is added to that section, and subsection (1),
1170 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
1171 subsection (6), and paragraphs (b) and (d) of subsection (7) of
1172 that section are amended, to read:
1173 339.175 Metropolitan planning organization.—
1174 (1) PURPOSE.—It is the intent of the Legislature to
1175 encourage and promote the safe and efficient management,
1176 operation, and development of multimodal surface transportation
1177 systems that will serve the mobility needs of people and freight
1178 and foster economic growth and development within and through
1179 urbanized areas of this state in accordance with the
1180 department’s mission statement while minimizing transportation
1181 related fuel consumption, air pollution, and greenhouse gas
1182 emissions through metropolitan transportation planning processes
1183 identified in this section. To accomplish these objectives,
1184 metropolitan planning organizations, referred to in this section
1185 as M.P.O.’s, shall develop, in cooperation with the state and
1186 public transit operators, transportation plans and programs for
1187 metropolitan areas. The plans and programs for each metropolitan
1188 area must provide for the development and integrated management
1189 and operation of transportation systems and facilities,
1190 including pedestrian walkways and bicycle transportation
1191 facilities that will function as an intermodal transportation
1192 system for the metropolitan area, based upon the prevailing
1193 principles provided in s. 334.046(1). The process for developing
1194 such plans and programs shall provide for consideration of all
1195 modes of transportation and shall be continuing, cooperative,
1196 and comprehensive, to the degree appropriate, based on the
1197 complexity of the transportation problems to be addressed. To
1198 ensure that the process is integrated with the statewide
1199 planning process, M.P.O.’s shall develop plans and programs that
1200 identify transportation facilities that should function as an
1201 integrated metropolitan transportation system, giving emphasis
1202 to facilities that serve important national, state, and regional
1203 transportation functions. For the purposes of this section,
1204 those facilities include the facilities on the Strategic
1205 Intermodal System designated under s. 339.63 and facilities for
1206 which projects have been identified pursuant to s. 339.2819(4).
1207 (2) DESIGNATION.—
1208 (a)1. An M.P.O. shall be designated for each urbanized area
1209 of the state; however, this does not require that an individual
1210 M.P.O. be designated for each such area. Such designation shall
1211 be accomplished by agreement between the Governor and units of
1212 general-purpose local government representing at least 75
1213 percent of the population of the urbanized area; however, the
1214 unit of general-purpose local government that represents the
1215 central city or cities within the M.P.O. jurisdiction, as
1216 defined by the United States Bureau of the Census, must be a
1217 party to such agreement.
1218 2. To the extent possible, only one M.P.O. shall be
1219 designated for each urbanized area or group of contiguous
1220 urbanized areas. More than one M.P.O. may be designated within
1221 an existing urbanized area only if the Governor and the existing
1222 M.P.O. determine that the size and complexity of the existing
1223 urbanized area makes the designation of more than one M.P.O. for
1224 the area appropriate. After July 1, 2025, no additional M.P.O.’s
1225 may be designated in this state except in urbanized areas, as
1226 defined by the United States Census Bureau, where the urbanized
1227 area boundary is not contiguous to an urbanized area designated
1228 before the 2020 census, in which case each M.P.O. designated for
1229 the area must:
1230 a. Consult with every other M.P.O. designated for the
1231 urbanized area and the state to coordinate plans and
1232 transportation improvement programs.
1233 b. Ensure, to the maximum extent practicable, the
1234 consistency of data used in the planning process, including data
1235 used in forecasting travel demand within the urbanized area.
1236
1237 Each M.P.O. required under this section must be fully operative
1238 no later than 6 months following its designation.
1239 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1240 privileges, and authority of an M.P.O. are those specified in
1241 this section or incorporated in an interlocal agreement
1242 authorized under s. 163.01. Each M.P.O. shall perform all acts
1243 required by federal or state laws or rules, now and subsequently
1244 applicable, which are necessary to qualify for federal aid. It
1245 is the intent of this section that each M.P.O. be involved in
1246 the planning and programming of transportation facilities,
1247 including, but not limited to, airports, intercity and high
1248 speed rail lines, seaports, and intermodal facilities, to the
1249 extent permitted by state or federal law. An M.P.O. may not
1250 perform project production or delivery for capital improvement
1251 projects on the State Highway System.
1252 (b) In developing the long-range transportation plan and
1253 the transportation improvement program required under paragraph
1254 (a), each M.P.O. shall provide for consideration of projects and
1255 strategies that will:
1256 1. Support the economic vitality of the contiguous
1257 urbanized metropolitan area, especially by enabling global
1258 competitiveness, productivity, and efficiency.
1259 2. Increase the safety and security of the transportation
1260 system for motorized and nonmotorized users.
1261 3. Increase the accessibility and mobility options
1262 available to people and for freight.
1263 4. Protect and enhance the environment, conserve natural
1264 resources promote energy conservation, and improve quality of
1265 life.
1266 5. Enhance the integration and connectivity of the
1267 transportation system, across and between modes and contiguous
1268 urbanized metropolitan areas, for people and freight.
1269 6. Promote efficient system management and operation.
1270 7. Emphasize the preservation of the existing
1271 transportation system.
1272 8. Improve the resilience of transportation infrastructure.
1273 9. Reduce traffic and congestion.
1274 (i) By December 31, 2023, the M.P.O.’s serving
1275 Hillsborough, Pasco, and Pinellas Counties must submit a
1276 feasibility report to the Governor, the President of the Senate,
1277 and the Speaker of the House of Representatives exploring the
1278 benefits, costs, and process of consolidation into a single
1279 M.P.O. serving the contiguous urbanized area, the goal of which
1280 would be to:
1281 1. Coordinate transportation projects deemed to be
1282 regionally significant.
1283 2. Review the impact of regionally significant land use
1284 decisions on the region.
1285 3. Review all proposed regionally significant
1286 transportation projects in the transportation improvement
1287 programs.
1288 (i)1.(j)1. To more fully accomplish the purposes for which
1289 M.P.O.’s have been mandated, the department shall, at least
1290 annually, convene M.P.O.’s of similar size, based on the size of
1291 population served, for the purpose of exchanging best practices.
1292 M.P.O.’s may shall develop committees or working groups as
1293 needed to accomplish such purpose. At the discretion of the
1294 department, training for new M.P.O. governing board members
1295 shall be provided by the department, by an entity pursuant to a
1296 contract with the department, by the Florida Center for Urban
1297 Transportation Research, or by the Implementing Solutions from
1298 Transportation Research and Evaluation of Emerging Technologies
1299 (I-STREET) living lab coordination mechanisms with one another
1300 to expand and improve transportation within the state. The
1301 appropriate method of coordination between M.P.O.’s shall vary
1302 depending upon the project involved and given local and regional
1303 needs. Consequently, it is appropriate to set forth a flexible
1304 methodology that can be used by M.P.O.’s to coordinate with
1305 other M.P.O.’s and appropriate political subdivisions as
1306 circumstances demand.
1307 2. Any M.P.O. may join with any other M.P.O. or any
1308 individual political subdivision to coordinate activities or to
1309 achieve any federal or state transportation planning or
1310 development goals or purposes consistent with federal or state
1311 law. When an M.P.O. determines that it is appropriate to join
1312 with another M.P.O. or any political subdivision to coordinate
1313 activities, the M.P.O. or political subdivision shall enter into
1314 an interlocal agreement pursuant to s. 163.01, which, at a
1315 minimum, creates a separate legal or administrative entity to
1316 coordinate the transportation planning or development activities
1317 required to achieve the goal or purpose; provides the purpose
1318 for which the entity is created; provides the duration of the
1319 agreement and the entity and specifies how the agreement may be
1320 terminated, modified, or rescinded; describes the precise
1321 organization of the entity, including who has voting rights on
1322 the governing board, whether alternative voting members are
1323 provided for, how voting members are appointed, and what the
1324 relative voting strength is for each constituent M.P.O. or
1325 political subdivision; provides the manner in which the parties
1326 to the agreement will provide for the financial support of the
1327 entity and payment of costs and expenses of the entity; provides
1328 the manner in which funds may be paid to and disbursed from the
1329 entity; and provides how members of the entity will resolve
1330 disagreements regarding interpretation of the interlocal
1331 agreement or disputes relating to the operation of the entity.
1332 Such interlocal agreement shall become effective upon its
1333 recordation in the official public records of each county in
1334 which a member of the entity created by the interlocal agreement
1335 has a voting member. Multiple M.P.O.’s may merge, combine, or
1336 otherwise join together as a single M.P.O.
1337 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
1338 develop a long-range transportation plan that addresses at least
1339 a 20-year planning horizon. The plan must include both long
1340 range and short-range strategies and must comply with all other
1341 state and federal requirements. The prevailing principles to be
1342 considered in the long-range transportation plan are: preserving
1343 the existing transportation infrastructure; enhancing Florida’s
1344 economic competitiveness; and improving travel choices to ensure
1345 mobility. The long-range transportation plan must be consistent,
1346 to the maximum extent feasible, with future land use elements
1347 and the goals, objectives, and policies of the approved local
1348 government comprehensive plans of the units of local government
1349 located within the jurisdiction of the M.P.O. Each M.P.O. is
1350 encouraged to consider strategies that integrate transportation
1351 and land use planning to provide for sustainable development and
1352 reduce greenhouse gas emissions. The approved long-range
1353 transportation plan must be considered by local governments in
1354 the development of the transportation elements in local
1355 government comprehensive plans and any amendments thereto. The
1356 long-range transportation plan must, at a minimum:
1357 (b) Include a financial plan that demonstrates how the plan
1358 can be implemented, indicating resources from public and private
1359 sources which are reasonably expected to be available to carry
1360 out the plan, and recommends any additional financing strategies
1361 for needed projects and programs. The financial plan may
1362 include, for illustrative purposes, additional projects that
1363 would be included in the adopted long-range transportation plan
1364 if reasonable additional resources beyond those identified in
1365 the financial plan were available. For the purpose of developing
1366 the long-range transportation plan, the M.P.O. and the
1367 department shall cooperatively develop estimates of funds that
1368 will be available to support the plan implementation. Innovative
1369 financing techniques may be used to fund needed projects and
1370 programs. Such techniques may include the assessment of tolls,
1371 public-private partnerships, the use of value capture financing,
1372 or the use of value pricing. Multiple M.P.O.’s within a
1373 contiguous urbanized area must ensure, to the maximum extent
1374 possible, the consistency of data used in the planning process.
1375 (d) Indicate, as appropriate, proposed transportation
1376 enhancement activities, including, but not limited to,
1377 pedestrian and bicycle facilities, trails or facilities that are
1378 regionally significant or critical linkages for the Florida
1379 Shared-Use Nonmotorized Trail Network, scenic easements,
1380 landscaping, integration of advanced air mobility, and
1381 integration of autonomous and electric vehicles, electric
1382 bicycles, and motorized scooters used for freight, commuter, or
1383 micromobility purposes historic preservation, mitigation of
1384 water pollution due to highway runoff, and control of outdoor
1385 advertising.
1386
1387 In the development of its long-range transportation plan, each
1388 M.P.O. must provide the public, affected public agencies,
1389 representatives of transportation agency employees, freight
1390 shippers, providers of freight transportation services, private
1391 providers of transportation, representatives of users of public
1392 transit, and other interested parties with a reasonable
1393 opportunity to comment on the long-range transportation plan.
1394 The long-range transportation plan must be approved by the
1395 M.P.O.
1396 (10) AGREEMENTS; ACCOUNTABILITY.—
1397 (a) Each M.P.O. may execute a written agreement with the
1398 department, which shall be reviewed, and updated as necessary,
1399 every 5 years, which clearly establishes the cooperative
1400 relationship essential to accomplish the transportation planning
1401 requirements of state and federal law. Roles, responsibilities,
1402 and expectations for accomplishing consistency with federal and
1403 state requirements and priorities must be set forth in the
1404 agreement. In addition, the agreement must set forth the
1405 M.P.O.’s responsibility, in collaboration with the department,
1406 to identify, prioritize, and present to the department a
1407 complete list of multimodal transportation projects consistent
1408 with the needs of the metropolitan planning area. It is the
1409 department’s responsibility to program projects in the state
1410 transportation improvement program.
1411 (b) The department must establish, in collaboration with
1412 each M.P.O., quality performance metrics, such as safety,
1413 infrastructure condition, congestion relief, and mobility. Each
1414 M.P.O. must, as part of its long-range transportation plan, in
1415 direct coordination with the department, develop targets for
1416 each performance measure within the metropolitan planning area
1417 boundary. The performance targets must support efficient and
1418 safe movement of people and goods both within the metropolitan
1419 planning area and between regions. Each M.P.O. must report
1420 progress toward establishing performance targets for each
1421 measure annually in its transportation improvement plan. The
1422 department shall evaluate and post on its website whether each
1423 M.P.O. has made significant progress toward its target for the
1424 applicable reporting period.
1425 Section 24. Subsection (4) of section 339.65, Florida
1426 Statutes, is amended to read:
1427 339.65 Strategic Intermodal System highway corridors.—
1428 (4) The department shall develop and maintain a plan of
1429 Strategic Intermodal System highway corridor projects that are
1430 anticipated to be let to contract for construction within a time
1431 period of at least 20 years. The department shall prioritize
1432 projects affecting gaps in a corridor so that the corridor
1433 becomes contiguous in its functional characteristics across the
1434 corridor. The plan must shall also identify when segments of the
1435 corridor will meet the standards and criteria developed pursuant
1436 to subsection (5).
1437 Section 25. Section 339.85, Florida Statutes, is created to
1438 read:
1439 339.85 Next-generation Traffic Signal Modernization
1440 Program.—The department shall implement a Next-generation
1441 Traffic Signal Modernization Program. The purpose of the program
1442 is to increase traffic signal interconnectivity and provide
1443 real-time traffic optimization to improve traffic flow and
1444 enhance safety. The program shall:
1445 (1) Provide for retrofitting existing traffic signals and
1446 controllers and providing a communication backbone for remote
1447 and automated operations and management of such signals on the
1448 State Highway System and the nonstate highway system.
1449 (2) Prioritize signal upgrades based on average annual
1450 daily traffic and the impact of adding to an existing
1451 interconnected system.
1452 (3) Use at least one advanced traffic management platform
1453 that uses state-of-the-art technology and that complies with
1454 leading cybersecurity standards, such as SOC 2 and ISO 27001,
1455 ensuring robust data protection.
1456 Section 26. Paragraph (a) of subsection (3) of section
1457 348.0304, Florida Statutes, is amended to read:
1458 348.0304 Greater Miami Expressway Agency.—
1459 (3)(a) The governing body of the agency shall consist of
1460 nine voting members. Except for the district secretary of the
1461 department, each member must be a permanent resident of a county
1462 served by the agency and may not hold, or have held in the
1463 previous 2 years, elected or appointed office in such county,
1464 except that this paragraph does not apply to any initial
1465 appointment under paragraph (b) or to any member who previously
1466 served on the governing body of the former Greater Miami
1467 Expressway Agency. Each member may only serve two terms of 4
1468 years each, except that there is no restriction on the term of
1469 the department’s district secretary. Four members, each of whom
1470 must be a permanent resident of Miami-Dade County, shall be
1471 appointed by the Governor, subject to confirmation by the Senate
1472 at the next regular session of the Legislature. Refusal or
1473 failure of the Senate to confirm an appointment shall create a
1474 vacancy. Appointments made by the Governor and board of county
1475 commissioners of Miami-Dade County shall reflect the state’s
1476 interests in the transportation sector and represent the intent,
1477 duties, and purpose of the Greater Miami Expressway Agency, and
1478 have at least 3 years of professional experience in one or more
1479 of the following areas: finance; land use planning; tolling
1480 industry; or transportation engineering. Two members, who must
1481 be residents of an unincorporated portion of the geographic area
1482 described in subsection (1) and residing within 15 miles of an
1483 area with the highest amount of agency toll road roads, shall be
1484 appointed by the board of county commissioners of Miami-Dade
1485 County. Two members, who must be residents of incorporated
1486 municipalities within a county served by the agency, shall be
1487 appointed by the metropolitan planning organization for a county
1488 served by the agency. The district secretary of the department
1489 serving in the district that contains Miami-Dade County shall
1490 serve as an ex officio voting member of the governing body.
1491 Section 27. For the purpose of incorporating the amendment
1492 made by this act to section 332.004, Florida Statutes, in a
1493 reference thereto, subsection (1) of section 332.115, Florida
1494 Statutes, is reenacted to read:
1495 332.115 Joint project agreement with port district for
1496 transportation corridor between airport and port facility.—
1497 (1) An eligible agency may acquire, construct, and operate
1498 all equipment, appurtenances, and land necessary to establish,
1499 maintain, and operate, or to license others to establish,
1500 maintain, operate, or use, a transportation corridor connecting
1501 an airport operated by such eligible agency with a port
1502 facility, which corridor must be acquired, constructed, and used
1503 for the transportation of persons between the airport and the
1504 port facility, for the transportation of cargo, and for the
1505 location and operation of lines for the transmission of water,
1506 electricity, communications, information, petroleum products,
1507 products of a public utility (including new technologies of a
1508 public utility nature), and materials. However, any such
1509 corridor may be established and operated only pursuant to a
1510 joint project agreement between an eligible agency as defined in
1511 s. 332.004 and a port district as defined in s. 315.02, and such
1512 agreement must be approved by the Department of Transportation
1513 and the Department of Commerce. Before the Department of
1514 Transportation approves the joint project agreement, that
1515 department must review the public purpose and necessity for the
1516 corridor pursuant to s. 337.273(5) and must also determine that
1517 the proposed corridor is consistent with the Florida
1518 Transportation Plan. Before the Department of Commerce approves
1519 the joint project agreement, that department must determine that
1520 the proposed corridor is consistent with the applicable local
1521 government comprehensive plans. An affected local government may
1522 provide its comments regarding the consistency of the proposed
1523 corridor with its comprehensive plan to the Department of
1524 Commerce.
1525 Section 28. (1) The Legislature finds that the widening of
1526 Interstate 4, from U.S. 27 in Polk County to Interstate 75 in
1527 Hillsborough County, is in the public interest and the strategic
1528 interest of the region to improve the movement of people and
1529 goods.
1530 (2) The Department of Transportation shall develop a report
1531 on widening Interstate 4, from U.S. 27 in Polk County to
1532 Interstate 75 in Hillsborough County, as efficiently as possible
1533 which includes, but is not limited to, detailed cost projections
1534 and schedules for project development and environment studies,
1535 design, acquisition of rights-of-way, and construction. The
1536 report must identify funding shortfalls and provide strategies
1537 to address such shortfalls, including, but not limited to, the
1538 use of express lane toll revenues generated on the Interstate 4
1539 corridor and available department funds for public-private
1540 partnerships. The Department of Transportation shall submit the
1541 report by December 31, 2025, to the Governor, the President of
1542 the Senate, and the Speaker of the House of Representatives.
1543 Section 29. Except as otherwise expressly provided in this
1544 act and except for this section, which shall take effect upon
1545 becoming a law, this act shall take effect July 1, 2025.