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Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (February 17, 2021)

Summary

Meeting packet for the Tourism, Infrastructure & Energy Subcommittee meeting on Wednesday, February 17, 2021, from 1:00 PM to 3:00 PM. The agenda and meeting notice list consideration of HB 57 (Transportation) by Andrade and HB 353 (Bicycle Operation Regulations) by Hage, and the notice says the Chair requests that all amendments be filed by 6 p.m. on Tuesday, February 16, 2021. The staff analysis of HB 57 says the bill would reduce the sales tax on each motor vehicle sold in fiscal years 2021-2022 and 2022-2023 by $50 and increase the statutory weight limit of a personal delivery device from 80 pounds to 550 pounds, excluding cargo. It gives an effective date of July 1, 2021. The packet ends with the text of HB 353, which amends s. 316.2065, F.S., on bicycle seats.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (February 17, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-02-17-3103-tourism-infrastructure-energy-subcommittee-meeting-pac-8f34ac1647/, SHA-256 0c798b4bf86718744a57612f74b632f3f8913978315216c81450538772df7fb0.

Full text

        Tourism, Infrastructure & Energy
                 Subcommittee

                Wednesday, February 17, 2021
                    1:00 PM -3:00 PM
                  Webster Hall (212 Knott)




                   Meeting Packet



Chris Sprowls                                  Brad Drake
Speaker                                             Chair
                     The Florida House of Representatives
                                      Commerce Committee
                         Tourism, Infrastructure & Energy Subcommittee
 Chris Sprowls                                                                                         Brad Drake
 Speaker                                                                                                    Chair

                                                    AGENDA

                                      Wednesday, February 17, 2021
                                        Webster Hall (212 Knott)
                                          1:00 PM -3:00 PM

I.     Call to Order & Roll Call

II.    Welcoming Remarks

III.   Consideration of the following bills(s):

       HB 57 by Rep. Andrade
       Transportation

       HB 353 by Rep. Hage
       Bicycle Operation Regulations

IV.    Adjournment




                 303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
                                         (850) 717-4873 Fax: (850) 413-0419
                                          Committee Meeting Notice
                                             HOUSE OF REPRESENTATIVES




                                 Tourism, Infrastructure & Energy Subcommittee

Start Date and Time:                Wednesday, February 17, 2021 01:00 pm
End Date and Time:                  Wednesday, February 17, 2021 03:00 pm
Location:                           Webster Hall (212 Knott)
Duration:                           2.00 hrs

Consideration of the following blll(s):

HB 57 Transportation by Andrade
HB 353 Bicycle Operation Regulations by Hage


T he Chair requests that all amendments should be filed by 6 p.m. on Tuesday, February 16, 2021, including
amendments filed by Members of the Committee/Subcommittee.

This meeting will be live-streamed on https://thefloridachannel.org/. Audience seating will be socially
distanced and limited to the press and those persons wishing to provide substantive testimony on the filed
bills or draft legislation. Persons who wish to attend must register at www.myfloridahouse.gov, and pick up
a pass at the Legislative Welcome Center on the 4th Floor of the Capitol beginning two hours before the
start of the meeting. Seating will be available on a first-come, first-served basis. Registration closes three
hours before the meeting starts.




                              NOTICE FINALIZED on 02/10/2021 3:00PM by Rigas.Amanda


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                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 57   Transportation
SPONSOR(S): Andrade
TIED BILLS:       IDEN./SIM. BILLS:                        SB 1194

     REFERENCE                                                       ACTION                    ANALYST            STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

     1) Tourism, Infrastructure & Energy Subcommittee                                          Johns

     2) Ways & Means Committee

     3) Infrastructure & Tourism Appropriations
        Subcommittee

    4) Commerce Committee


                                                         SUMMARY ANALYSIS
The bill contains various provisions related to transportation. In summary, the bill:
   • Requires the sales tax on the sale of each motor vehicle sold in fiscal years 2021-2022 and 2022-2023
        to be reduced by $50.
   • Prohibits governmental entities from prohibiting certain entities holding a certificate of qualification from
        the Department of Transportation (DOT) or the appropriate construction license from bidding on road ,
        bridge, or other specified public construction service projects.
   • Increases the statutory weight limit of a personal delivery device from 80 pounds to 550 pounds,
        excluding cargo.
   • Authorizes vehicles to display flashing lights if certain conditions exist.
   • Authorizes construction vehicles to display flashing blue lights under certain circumstances.
   • Authorizes portable radar speed display units to display flashing red or blue lights under certain
        circumstances.
   • Revises statutory provisions regarding innovative transportation projects.
   • Revises financial statement requirements for certificates for qualification of DOT contractors.
   • Clarifies that the submission of an application for qualification and subsequent approval does not affect
        a project's ability factor or maximum capacity rating.
   • Revises construction, engineering, and inspection requirements for airports.
   • Revises statutory provisions regarding the State Arbitration Board within DOT, by clarifying court
        review, providing subpoena power, and increasing payments to certain board members.
   • Defines the term "borrow pit" and requires notification to the Department of Environmental Protection
        for certain activities relating to borrow pits.

The bill is likely to a significant negative fiscal impact to state government associated with a reduction in sales
tax on the sale of motor vehicles and an increase in compensation for members of the State Arbitration Board.
Local governments operating airports may see a reduction in expenditures due to the exemption from
construction, engineering, arid inspection requirements in the bill. See Fiscal Analysis for details.

The bill has an effective date of July 1, 2021 .




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0057.TIE.D0CX
DATE: 2/1 0/2021
                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:
           Sales Tax on Motor Vehicles

          Current Situation
          Florida law imposes a six percent tax on certain sales transactions. 1 Unless a specific exemption
          applies, sales tax, plus any applicable discretionary sales surtax, is due on all new or used motor
          vehicles sold, leased, delivered into, imported into, or used in this state. 2

          Sales tax is due on the sales price of the motor vehicle, including any separately itemized charge or fee
          for items such as :
               • Accessories sold with the vehicle;
               • Preparation, settlement, or closing fees;
               • Freight, handling, or delivery of the motor vehicle to the dealer;
              • Commission; and
              • Any other expense or cost of the dealer that the dealer requires the purchaser to pay.

          Any separately itemized fee or charge mandated by a state law for titling, licensing , or registering the
          motor vehicle, or for recording a lien on the motor vehicle , is not subject to sales and use tax. 3

          A motor vehicle dealer may deduct a trade-in allowance from the taxable sales price of a motor vehicle
          when , in a single transaction, tangible personal property is traded as part of the motor vehicle sale. If
          the sale is between individuals, the purchaser, in a single transaction, must trade an aircraft, boat,
          motor vehicle, or mobile home for the motor vehicle being purchased to qualify for the trade-in
          allowance.4

          A discretionary sales surtax is due on the sale of a motor vehicle when the purchaser's address on the
          motor vehicle's registration or title is located within a county imposing a discretionary sales surtax. A
          discretionary sales surtax is only applicable to the first $5,000 of the purchase price .5

          Effect of the Bill
          The bill requires that for fiscal years 2021-2022 and 2022-2023, after calculating the sales tax imposed
          by ch. 212, F.S. on the sale of a motor vehicle, the amount due is reduced by $50.

          Procurement of Public Construction Services

          Current Situation

          State Procurement Law
          Chapter 287, F.S., governs the state's procurement of personal property and services.

                    The Legislature recognizes that fair and open competition is a basic tenet of public
                    procurement. It is essential to the effective and ethical procurement of commod ities and
                    contractual services that there be a system of uniform procedures utilized by state

1
  Ch. 212, F.S. Office of Economic and Demographic Research, 2020 Florida Tax Handbook, p. 163. Available at:
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2020. pdf (last visited December 14, 2020).
2
  Florida Department of Revenue, Tax Advisory on Sales and Use Tax on Motor Vehicles, December 2017. Available at:
https://floridarevenue.com/Forms_library/current/gt800030.pdf(last visited December 11, 2020).
3 Id.

4 Id.
s Id.
STORAGE NAME: h0057.TIE.D0CX                                                                                          PAGE: 2
DA TE: 2/1 0/2021
                   agencies in managing and procuring commodities and contractual services, that detailed
                   justification of agency6 decisions in the procurement of commodities and contractual
                   services be maintained, and that adherence by the agency and the vendor to specific
                   ethical considerations be required.7

          Depending on the cost and characteristics of the needed goods or services, agencies may utilize a
          variety of procurement methods, which include: 8
              • Single source contracts, which are Used when an agency determines that only one vendor is
                  available to provide a commodity or service at the time of purchase;
              • Invitations to bid, which are used when an agency determines that standard services or goods
                  will meet needs, wide competition is available, and the vendor's experience will not greatly
                  influence the agency's results;
              • Requests for proposal, which are used when the procurement requirements allow for
                  consideration of various solutions and the agency believes more than two or three vendors exist
                  who can provide the required goods or services; and
              • Invitations to negotiate, which are used when negotiations are determined to be necessary to
                  obtain the best value and involve a request for highly complex, customized, mission-critical
                  services.

         Construction Contracting
         Administered by the Department of Business and Professional Regulation (DBPR), ch . 489, F.S.,
         relates to various forms of construction contracting and generally requires licensing of construction
         contractors . However, there is an exemption for road and railroad construction and services incidental
         to such work. 9

         Department of Transportation Certification for Qualification
         Florida law requires that any contractor desiring to bid on any Department of Transportation (DOT)
         construction contract in excess of $250,000 must first be certified by DOT as qualified pursuant to state
         law10 and DOT's rules. 11 DOT's rules must include requirements with respect to the equipment, past
         record, experience, financial resources, and organizational personnel of the applying contractor which
         are necessary to perform the specific class of work for which the contractor seeks certification .12 DOT's
         rules provide the requirements for contractors to be certified as qualified to bid for the performance of
         road, bridge, or public transportation construction contracts in excess of $250,000.13




6
   Section 287.012( 1), F.S., defines the term "agency" as any of the various state officers, departments, boards, commissions, divisions,
bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. "Agency"
does not include the university and college boards of trustees or the state universities and colleges.
7
   S. 287.001, F.S.
8
   See ss. 287.012(6) and 287.057, F.S.
9
   S. 489.103(1 ), F.S. Rule 61G4-12.011, F.A.C., defines the term "services incidental thereto" for the purpose of s. 489.103(1 ), F.S.,
only, to mean all work on bridges, roads, streets, highways, and railroads except building construction and those subcontractor
categories, defined in Sections 489.105(3)(d)-(q), F.S. However, notwithstanding the previous provision, services incidental thereto
specifically includes storm drainage and excavation work necessary for the construction of bridges, roads, streets, highways, and
railroads; and includes directly contracting with a governmental entity for work on bridges, roads, street, highways, and railroads
when any building construction included in the contract is subcontracted to a contractor appropriately licensed under Ch. 489, Part I,
F.S., to perform building construction or those subcontractor categories defined in ss. 489.105(3)(d)-(q), F.S., and such building
construction does not constitute more than 50 percent of the total contract amount.
10 S. 337.14, F.S.
11
    DOT's rules regarding contractor qualification are codified in Rule 14-22, F.A.C.
12
    S. 337.14(1), F.S.
13
    R. 14-22.0011(1), F.A.C.
STORAGE NAME: h0057.TIE.DOCX                                                                                                      PAGE: 3
DATE: 2/10/2021
          Effect of the Bill
          The bill provides that a local or regional governmental entity14 procuring certain services via a
          competitive solicitation 15 may not prohibit a response from a vendor that possesses a valid certificate of
          qualification or license under ch. 489, F.S., corresponding to the contractual services being procured.
          Specifically, this provision applies to procurement of contractual services 16 that are limited to the
          classes of work for which DOT issues certificates of qualification and that do not involve the
          construction, remodeling, repair, or improvement of any building. This applies to all competitive
          solicitations issued by a governmental entity on or after October 1, 2021.

          Personal Delivery Devices

         Current Situation
         A personal delivery device (POD) is an electrically powered device that:
            • Is operated on sidewalks and crosswalks and intended primarily for transporting property;
            • Weighs less than 80 pounds, excluding cargo;
            • Has a maximum speed of 10 miles per hour; and
            • Is equipped with technology to allow for operation of the device with or without the active control
                or monitoring of a natural person. 17

         A POD may operate on sidewalks and crosswalks where it has all the rights and duties applicable to a
         pedestrian, except that a POD may not unreasonably interfere with pedestrians or traffic and must yield
         the right-of-way to pedestrians on the sidewalk or crosswalk. 18

         A POD must obey all official traffic and pedestrian control signals and devices, display identifying
         information, and be equipped with a braking system. 19 A POD may not:
             • Operate on a public highway except to the extent necessary to cross a crosswalk;
             • Operate on a sidewalk or crosswalk unless the POD operator is actively controlling or
                monitoring its navigation and operation; or
             • Transport hazardous materials. 20

         Effect of the Bill
         The bill increases the statutory weight limit of a POD from 80 pounds to 550 pounds, excluding cargo.
         This will allow larger PDDs to assist with such tasks as package delivery.




14
   Section 287.102(14), F.S., defines the term "governmental entity" as a political subdivision or agency of this state or of any state of
the United States, including, but not limited to, state government, county, municipality, school district, nonprofit public university or
college, single-purpose or multipurpose special district, single-purpose or multipurpose public authority, metropolitan or consolidated
government, separate legal entity or administrative entity, or any agency of the Federal Government.
15
   Section 287.012(6), F.S., defines the term "competitive solicitation" as the process of requesting and receiving two or more sealed
bids, proposals, or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the
method of procurement.
16
   Section 287.012(8), F.S., defines the term "contractual service" as the rendering by a contractor of its time and effort rather than the
furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent
contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security;
management systems; management consulting; educational training programs; research and development studies or reports on the
findings of consultants engaged thereunder; and professional, technical, and social services. The term does not include a contract for
the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of a facility, building, portion
of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Ch. 255, F.S., and
rules adopted thereunder.
1
 -S 316.003(56).F.S.
"S. 316.2071(1), F.S.
19
   S. 316.0271(2), F.S.
20
   S. 316.2071(3), F.S.
STORAGE NAME: h0057.TIE.DOCX                                                                                                       PAGE: 4
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         Flashing Blue Lights

         Current Situation
         Florida law prohibits the display of blue lights on any vehicle or equipment, except police vehicles and
         vehicles of the Department of Corrections or any county correctional agency when responding to
         emergencies. 21

         Road or street maintenance equipment, road or street maintenance vehicles, road service vehicles,
         refuse collection vehicles, petroleum tankers, and mail carrier vehicles may display amber lights when
         in operation or where a hazard exists. 22 Additionally, road maintenance and construction equipment
         and vehicles may display flashing white lights or flashing white strobe lights when in operation and
         where a hazard exists. 23

         The Manual on Uniform Traffic Control Devices (MUTCD), adopted by DOT pursuant s. 316.0745, F.S.,
         describes portable changeable message signs as temporary traffic control devices installed for
         temporary use with the flexibility to display a variety of messages, including warning messages where
         traffic speed is expected to drop substantially. 24 Warning lights used in a temporary traffic control zone,
         in either a steady burn or a flashing mode, are yellow in color as required by the MUTCD. 25 In addition,
         the MUTCD provides that "If a changeable message sign displaying approach speeds is installed, the
         legend YOUR SPEED XX MPH or such similar legend should be displayed. The color of the
         changeable message legend should be a yellow legend on a black background or the reverse of these
         colors." 26

        Effect of the Bill
        The bill authorizes construction vehicles within a work zone on roadways with a posted speed limit of
        55 mph or higher to show or display flashing blue lights while performing paving operations or where a
        hazard exists. Additionally, under the direction of a law enforcement officer, the bill authorizes portable
        radar speed display units to show or display flashing red or blue lights when placed in advance of a
        work zone on roadways with a posted speed limit of 55 mph or higher and when workers are present.

         Flashing Lights on Vehicles

        Current Situation
        Florida law prohibits the use of flashing lights on vehicles except:
            • As a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is
                lawfully stopped or disabled upon the highway;
            • When a motorist intermittently flashes his or her vehicle's headlamps at an oncoming vehicle
                notwithstanding the motorist's intent for doing so; and
            • For certain lamps authorized in statute, which may flash, including various types of emergency
                vehicles. 27

        With the exception of funeral processions, 28 Florida law does not expressly authorize the use of hazard
        lights on moving vehicles. The Florida Driver Handbook indicates that a driver should not use




21
   S. 316.2397(2), F.S.
22
   S. 316.2397(4), F.S.
23
   S. 316.2397(5), F.S.
24
   MUTCD, Section 6F.60, available at https://mutcd.fuwa.dot.gov/pdfs/2009rlr2/mutcd2009rlr2edition.pdf(last visited December
14, 2020).
25
   MUTCD, Section lA.13 definition of"waming light."
26
   MUTCD, Section 2B.13.
27
   S. 316.2397(7), F.S.
28
   S. 316.1974(3)(c), F.S.
STORAGE NAME: h0057.TIE.DOCX                                                                                            PAGE: 5
DATE: 2/10/2021
         emergency flashers in instances of low visibility or rain, and may only use emergency flashers when a
         vehicle is disabled or stopped on the side of the road. 29

         Effect of the Bill
         The bill authorizes the use of flashing lights on vehicles during periods of extreme low visibility on
         roadways with a posted speed limit of 55 mph or higher.

         Innovative Transportation Projects

         Current Situation

        Innovative Transportation Projects
        Current law authorizes DOT to establish a program for transportation projects that demonstrate
        innovative techniques of highway and bridge design, construction, maintenance, and finance which
        have the intended effect of measuring resiliency and structural integrity and controlling time and cost
        increases on construction projects . These techniques may include, but are not limited to, state-of-the-
        art technology for pavement, safety, and other aspects of highway and bridge design, construction, and
        maintenance; innovative bidding and financing techniques; accelerated construction procedures; and
        techniques that have the potential to reduce project life cycle costs. To the maximum extent practical,
        DOT must use the existing standard process to award and administer construction and maintenance
        contracts. When specific innovative techniques are to be used, DOT is not required to adhere to
        provisions of law that would prevent it from using the innovative technique. However, before using an
        innovative technique that is inconsistent with another provision of law, DOT must document the need
        for the exception and identify what benefits the traveling public and the affected community are
        anticipated to receive. 30

        DOT may enter into no more than $120 million in contracts annually for the purposes of innovative
        transportation projects. 31 This annual cap on contracts for innovative transportation projects does not
        apply to :
            • Turnpike enterprise projects.
            • Transportation projects funded by the American Recovery and Reinvestment Act of 2009.32

        Design-Build Contracts
        Under current law, DOT may combine the design and construction phases of a building, a major bridge,
        a limited access facility, or a rail corridor project into a single contract, referred to as a design-build
        contract, if DOT determines that doing so is in the best interests of the public. 33 DOT, by rule, 34 must
        adopt procedures for administering design-build contracts, including certain statutorily required
        requirements and procedures. 35

        Effect of the Bill
        The bill replaces the total $120 million annual cap on contracts for innovative transportation projects
        with a $120 million annual cap for design-build contracts.

        The bill also removes redundant language regarding the exception for turnpike enterprise projects. The
        bill removes the exception for projects funded by the American Recovery and Reinvestment Act of



29
    Department of Highway Safety and Motor Vehicles, Florida Driver Handbook, available at:
https://www3. flhsmv.gov/handbooks/englishdriverhandbook.pdf (last visited December 14, 2020).
30
    S. 337.025(1), F.S.
3 1 Id.
32
    S. 337.025(2), F.S .
33
    S. 337. l l(7)(a), F.S.
34
    DOT's rules regarding design-build contracts are codified in Rule 14-91, F.A.C.
35
    S. 337.1 l(7)(b), F.S.
STORAGE NAME: h0057.TIE.D0CX                                                                                  PAGE: 6
DATE: 2/10/2021
            2009. The bill provides the annual cap on contracts does not apply to low-bid design-build milling 36 and
            resurfacing contracts.

            Application for Qualification

            Current Situation
            Any contractor that desires to bid for the performance of any DOT construction contract in excess of
            $250,000 must first be certified by DOT as qualified. 37

            A contractor who is not already qualified and in good standing with DOT as of January 1, 2019, and
            who desires to bid on DOT contracts in excess of $50 million must have satisfactorily completed two
            projects, each in excess of $15 million, for DOT or for any other state's department of transportation. 38

            Each application for certification must be accompanied by the contractor's latest annual financial
            statement, which must have been completed within the last 12 months. If the application or the annual
            financial statement shows the contractor's financial condition more than four months prior to the date
            on which DOT receives the application, the contractor must also submit an interim financial statement
            and an updated application. Each required annual or interim financial statement must be audited and
            accompanied by the opinion of a certified public accountant. 39

            Effect of the Bill
            The bill provides that any contractor who desires to bid on contracts in excess of $50 million must be
            certified by DOT as qualified in addition to meeting existing experience requirements.

            The bill requires each application for certification to be accompanied by audited, certified financial
            statements prepared in accordance with United States generally accepted accounting principles and
            United States generally accepted auditing standards by a certified public accountant licensed in this
            state or another state. The applying contractor's audited, certified financial statements must specifically
            address the applying contractor and must have been prepared within the immediately preceding 12
            months. DOT may not consider any financial information relating to the parent entity of the applying
            contractor, if any. DOT may not certify as qualified any applying contractor that fails to submit the
            required audited, certified financial statements.

            If the application or the annual financial statement shows the applying contractor's financial condition
            more than four months before the date on which DOT receives the application, the applying contractor
            must also submit interim audited, certified financial statements prepared in accordance with United
            States generally accepted accounting and auditing principles and standards. Financial statements must
            be prepared by a certified public accountant licensed in this state or another state.

            Certificate of Qualification

            Current Situation
            Current law provides that if an applicant for a certificate of qualification is found to possess the
            prescribed qualifications, DOT must issue to him or her a certificate of qualification that, unless revoked
            by DOT for good cause, will be valid for a period of 18 months after the date of the applicant's financial
            statement or such shorter period as DOT prescribes. Submission of a new application does not affect
            expiration of the certificate of qualification. 40


36
   Pavement milling, is a process that removes part of a paved surface, such as a parking lot or road. Milling can remove just the
surface of the pavement, or anywhere up to the entire depth, referred to as full depth removal.
https://www.dykespaving.com/blog/how-does-pavement-milling-work/ (last visited January 22, 2021 ).
37
   S, 337.14(1), F.S. DOT's rules regarding qualifications to bid are contained in Rule. 14-22, F.A.C.
38
   S. 337.14(1), F.S.
39 Id.
40
     S. 337.14(4), F.S.
STORAGE NAME: h0057.TIE.D0CX                                                                                                     PAGE: 7
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          The Ability Factor is a performance score which a contractor receives from DOT upon completion of a
          project. The initial ability factor is based on the applicant's organization, management, work experience,
          and letters of recommendation. 41

          The Maximum Capacity Rating is the total aggregate dollar amount of uncompleted work an applicant
          may have under contract at one time either as a prime contractor and/or subcontractor, regardless of its
          location or with whom contracted. 42

          Effect of the Bill
          The bill provides that the submission of an application of qualification and subsequent approval of such
          application do not affect the ability factor of the project, or the maximum capacity rating of the project.

          Construction, Engineering, and Inspection at Airports

          Current Situation
          Under current law, a contractor, 43 or his or her affiliate44 qualified with DOT may not also qualify to
          provide testing services, or construction, engineering, and inspection (CEI) services to DOT. 45 This
          limitation does not apply to any design-build prequalification 46 and does not apply when DOT otherwise
          determines by written order entered at least 30 days before advertisement that the limitation is not in
          the public's best interests with respect to a particular contract for testing services or CEI services.

          DOT has adopted procedures governing conflicts of interest involving professional services consultant
          contracts and design-build contracts. The procedures contain a set of matrices illustrating the variety of
          scenarios encountered with prime contractor or subcontractors and when DOT would consider the
          arrangement a conflict. 47

          In 2019, the Legislature passed HB 905, 48 which provided that for a construction project wholly or
          partially funded by DOT and administered by a local governmental entity, the same entity may not
          perform both design services and CEI services. That bill exempted certain seaports from that provision.

          According to the Florida Airports Council, the 2019 statutory changes relating to CEI requirements will
          increase construction costs, increase project schedules due to additional coordination with consultants,
          and reduce project efficiency. Depending on the project, airports may leverage different delivery
          methods for CEI activities. Additionally, airports indicate that they deliver more than road projects and
          that DOT's professional services requirements do not always accommodate airport construction
          projects. 49 The Florida Airports Council maintains that due to the unique and specialized nature of
          airports, they need to remain agile in the projects they delivery to ensure that each project is completed
          in a safe, timely, and cost effective manner. 50

41
   R. 14.22-003, F.A.C.
42
   R. 14-22.003, F.A.C.
43
   Section 337. l65(l)(d), F.S., defines the term "contractor" as any person who bids or applies to bid on work let by the department or
any counterpart agency of any other state or of the Federal Government or who provides professional services to the department or
other such agency. The term "contractor" includes the officers, directors, executives, shareholders active in management, employees,
and agents of the contractor.
44
   Section 33 7 .165(1 )(a), F.S., defines the term "affiliate" as a predecessor or successor of a contractor under the same, or substantially
the same, control or a group of business entities which are connected or associated so that one entity controls or has the power to
control each of the other business entities. The term "affiliate" includes the officers, directors, executives, shareholders active in
management, employees, and agents of the affiliate. The ownership by one business entity ofa controlling interest in another business
entity or a pooling of equipment or income among business entities shall be prima facie evidence that one business entity is an affiliate
of another.
45
   S. 337.14, F.S.
46
   Design-build prequalification is pursuant to s. 337.11(7), F.S.
47
   DOT Topic No.: 375-030-006-c, Conflict of Interest Procedure f1J1· Department Contracts. (Au-;ust 2008)
48
   Ch.2019-153, L.O.F.
49
   Email from Darrick McGhee, Florida Airports Council, Re. HB: 1441-Airport Contracts. (Jan. 21, 2020).
50
   Email from Darrick McGhee, Florida Airports Council, Re. House Bill: 1441-Contracted Airport Projects. (Feb. 1, 2020).
STORAGE NAME: h0057.TIE .D0CX                                                                                                        PAGE: 8
DATE: 2/10/2021
          Effect of the Bill
          The bill amends s. 337.14(7), F.S., by providing an exemption for airports from the requirement that, for
          a project wholly or partially funded by DOT and administered by a local governmental entity, the same
          entity may not perform both design services and CEI services. This exemption is identical to the one
          currently in place for seaports.

          State Arbitration Board

          Current Situation

         State Arbitration Board
         Florida law creates the State Arbitration Board (board) within DOT to facilitate the prompt settlement of
         claims 51 for additional compensation arising out of construction and maintenance contracts between
         DOT and its various contractors. 52

         Florida law provides that every contractual claim in an amount up to $250,000 per contract or, at the
         claimant's option, up to $1 million per contract or, upon agreement of the parties, up to $2 million per
         contract, which cannot be resolved by negotiation between DOT and the contractor must be arbitrated
         by the board after DOT's acceptance of the project. However, either party may request that the claim
         be submitted to binding private arbitration. A court of law may not consider the settlement of a claim
         until the board arbitration process has been exhausted. 53

         The board is composed of three members: one member is appointed by the head of DOT; 54 one
         member is elected by those construction or maintenance companies who are under contract with DOT;
         and the third member is chosen by agreement of the other two members. Whenever the third member
         has a conflict of interest regarding an affiliation with one of the parties, the other two members select an
         alternate member for that hearing. The head of DOT may select an alternative or substitute to serve as
         DOT's member for any hearing or term. Each member serves a two-year term. The board elects a
         chair, each term, who is the administrator of the board and custodian of its records. 55

         An arbitration hearing may be requested by DOT or by a contractor who has a dispute with DOT which,
         under the board's rules, 56 may be the subject of arbitration. For all contracts entered into after June 30,
         1993, the request must be made to the board within 820 days after the final acceptance of the work.
         The board must conduct the hearing within 45 days of the request. The party requesting the board's
         consideration must give notice of the hearing to each board member. If the board finds that a third party
         is necessary to resolve the dispute, the board may vote to dismiss the claim, which may thereafter be
         pursued in accordance with the Florida law. 57

         All members must be present to conduct a meeting. Upon being called into session, the board must
         promptly proceed to a determination of the issue or issues in dispute. 58

         When a valid contract is in effect defining the rights, duties, and liabilities of the parties with respect to
         any matter in dispute, the board may only determine the proper interpretation and application of the
         appropriate contract provisions. Any investigation made by less than the whole membership of the

51
   For the purpose of s. 337.185, F.S., the term "claim" means the aggregate of all outstanding claims by a party arising out of a
construction or maintenance contract.
52
   S. 337.185(1), F.S.
53
   S. 337.185(1), F.S.
54
   The head of DOT is the Secretary of Transportation.
55
   S. 337.185(2), F.S.
56
   Current State Arbitration Board procedures are available at: https://cdn.ymaws.com/ftba.site-
ym.com/resource/resmgr/website_files/arbitration_board/11-l 9-20_State_Arbitration_B.pdf (last visited December 22, 2020).
57
   S. 337.185(3), F.S.
58
   S. 337.185(4), F.S.
STORAGE NAME: h0057.TIE .D0CX                                                                                                    PAGE: 9
DATE: 2/10/2021
          board must be by authority of a written directive by the chair, and the investigation must be summarized
          in writing and considered by the board as part of the record of its proceedings.59

          The board must hand down its order within 60 days after it is called into session. If all three members of
          the board do not agree, the order of the majority constitutes the order of the board. 60

          The board members may receive compensation for the performance of their duties from administrative
          fees received by the board, except that a DOT employee may not receive compensation from the
          board. The compensation amount is determined by the board, but may not exceed $125 per hour, up to
          $1,000 per day for each member authorized to receive compensation. This does not prevent the
          member elected by construction or maintenance companies from being an employee of an association
          affiliated with the industry, even if the sole responsibility of that member is service on the board. Travel
          expenses for the industry member may be paid by an industry association, if necessary. The board
          may allocate funds annually for clerical and other administrative services. 61

          The party requesting arbitration must pay a fee to the board in accordance with a schedule established
          by it, to cover the cost of administration and compensation of the board, not to exceed:
               • $500 per claim which is $25,000 or less;
               • $1,000 per claim which is in excess of $25,000 but not exceeding $50,000;
               • $1,500 per claim which is in excess of $50,000 but not exceeding $100,000;
               • $2,000 per claim which is in excess of $100,000 but not exceeding $200,000;
               • $3,000 per claim which is in excess of $200,000 but not exceeding $300,000;
               • $4,000 per claim which is in excess of $300,000 but not exceeding $400,000; and
              • $5,000 per claim which is in excess of $400,000. 62

         The board in its order may apportion the above fees, and the cost of recording and preparing a
         transcript of the hearing, among the parties in accordance with the board's finding of liability. 63

         Effect of the Bill
         The bill revises statutory provisions relating to the State Arbitration Board. The bill defines the following
         terms for purposes of the board:

              "Claim" -- the aggregate of all outstanding written requests for additional monetary compensation,
              time, or other adjustments to the contract, the entitlement or impact of which is disputed by DOT.

              "Contractor" -- a person or firm having a contract for rendering services to DOT relating to the
              construction or maintenance of a transportation facility.

              "Final acceptance" -- the contractor has completely performed the work provided for under the
              contract, DOT or its agent has determined that the contractor has satisfactorily completed the work
              provided for under the contract, and DOT or its agent has submitted written notice of final
              acceptance to the contractor.

         The bill requires that every claim of up to $250,000 per contract be arbitrated by the board and may not
         go to private arbitration. An award issued by the board pursuant to this provision is final and
         enforceable by a court of law.

         A contractor may submit a claim greater than $250,000 up to $1 million per contract or, upon
         agreement of the parties, up to $2 million per contract to be arbitrated by the board. An award issued

59
   S. 337.185(5), F.S.
60
   S. 337.185(6), F.S.
61
   S. 337.185(7), F.S.
62
   S. 337.185(8), F.S.
63
   S. 337.185(9), F.S.
STORAGE NAME: h0057.TIE .D0CX                                                                                   PAGE: 10
DATE: 2/10/2021
         by the board pursuant to this provision is final if a request for a trial de novo 64 is not filed within the time
         provided by Rule 1.830, Florida Rules of Civil Procedure. 65 At the trial de novo, the court may not admit
         evidence that there has been an arbitration proceeding, the nature or amount of the award, or any other
         matter concerning the conduct of the arbitration proceeding, except that testimony given at an
         arbitration hearing may be used for any purpose otherwise permitted by the Florida Evidence Code. 66 If
         a request for trial de novo is not filed within the time provided, the award issued by the board is final
         and enforceable by a court of law.

         An arbitration request may not be made to the board before final acceptance, but must be made within
         820 days after final acceptance.

         The board must still schedule a hearing within 45 days after an arbitration request and, if possible, must
         now conduct the hearing within 90 days after the request instead of the previous 45 day deadline.

         The bill authorizes the board to administer oaths and conduct the proceedings as provided by the rules
         of the court. The bill requires the hearing must be conducted informally, with the presentation of
         testimony and evidence being kept to a minimum. The bill requires matters to be presented to the
         arbitrators primarily through the statements and arguments of counsel. The board must address the
         scope of discovery, presentation of testimony, and evidence at a preliminary hearing by considering the
         size, subject matter, and complexity of the dispute. Any party to the arbitration may petition the board,
         for good cause shown, to issue subpoenas for the attendance of witnesses and the production of
         books, records, documents, and other evidence at the arbitration and may petition the board for orders
         compelling such attendance and production at the arbitration. Subpoenas must be served and are
         enforceable in the manner provided by law.

         The board must issue its award within 45 days after the conclusion of the arbitration hearing. If all three
         members of the board do not agree, the award agreed to by the majority of the board constitutes the
         award of the board.

         The board is still composed of three members who are selected in the same manner as in current law.
         If a member has a conflict of interest, an alternative member is appointed in the same manner as the
         original appointment. Each member serves a 4-year term instead of the current 2-year term. The board
         still elects a chair for each term, who is the administrator of the board and custodian of its records.

         The presence of all board members is required to conduct a meeting. A meeting may be conducted
         either in person or via virtual videoconferencing. 67

         The bill requires all board members, including DOT employees appointed to serve, to receive
         compensation for the performance of their duties from deposits made by the parties based on an
         estimate of compensation. All deposits will be held in escrow by the chair in advance of the hearing.
         Each member eligible for compensation is compensated at $200 per hour (currently $150 per hour), up
         to $1,500 per day (currently up to $1,000 per day). A member must be reimbursed for the actual cost of
         his or her travel expenses. The board may annually allocate funds for clerical and other administrative
         services.

         The bill maintains the filing fees provided in current law keeps the authorization for the board to
         apportion the filing fees and the cost of recording and preparing a transcript of the hearing among the
         parties in its award.

64
   A trial de novo refers to a new trial on the entire case and is conducted as ifthere had been no trial in the first instance.
https://definitions.uslegal.com/t/trial-de-novo/ (last visited December 22, 2020).
65
   Rule 1.830, Florida Rules of Civil Procedure relates to voluntary binding arbitration. The rule provides that a voluntary binding
arbitration decision may be appealed within 30 days after service of the decision on the parties. Appeal is limited to the grounds
specified ins. 44.104(10), F.S.
66
   Ch. 90, F.S.
67
   In Florida law, this is often referred to as via "communications media technology."
STORAGE NAME: h0057.TIE.D0CX                                                                                                    PAGE: 11
DATE: 2/10/2021
         Resource Extraction Reclamation Act

         Current Situation

         Federal Law
         The Federal Mine Safety and Health Act of 1977, 68 authorizes the United States Secretary of Labor to
         promulgate and enforce safety and health standards regarding working conditions of employees
         engaged in underground and surface mineral extraction (mining), related operations, and preparation
         and milling of the minerals extracted. 69

         The Occupational Safety and Health Act of 197070 (OSHAct) gives the United States Secretary of Labor
         authority over all working conditions of employees engaged in business affecting commerce except
         those conditions with respect to which other Federal agencies exercise statutory authority to prescribe
         or enforce regulations affecting occupational safety or health. The OSHAct also provides that states
         may operate their own occupational safety and health programs under a plan approved by the United
         States Secretary of Labor. 71

         Pursuant to a 1979 interagency agreement between the federal Mine Safety and Health Administration
         and the Occupational Safety and Health Administration (OSHA), "borrow pits" are subject to OSHA
         jurisdiction except those borrow pits located on mine property or related to mining. 72

         State Law
         Currently, the term "borrow pit" is not defined in Florida statutes.

         Part Ill of Ch. 378, F.S., contains the Resource Extraction Reclamation Act, 73 which prohibits an
         operator74 from beginning the process of extracting clay, peat, gravel, sand, or any other solid
         substance of commercial value found in natural deposits or in the earth, except fuller's earth clay,
         heavy minerals, limestone, or phosphate, which are regulated elsewhere in Ch. 378, F.S., at a new
         mine 75 without notifying the secretary of the Department of Environmental Protection (DEP) of the
         intention to mine. 76 The operator's notice of intent to mine must consist of the operator's estimated life
         of the mine and the operator's signed acknowledgment of the performance standards provided in s.
         378.803, F.S. 77

         The act also provides that after January 1, 1989, all operators of existing mines for the extraction of
         resources as described above must meet the performance standards provided bys. 378.803, F.S., for
         any new surface area disturbed at such mines. 78

68
   Pub. L. 91-173 as amended by Pub. L. 95-164
69
   United States Department of Labor, Mine Safety and Health Administration, !nteragency Agreement Between the Mine Safety and
Health Administration and the Occupational Safety and Health Administration, available at: https://www.msha.gov/msha-and-osha-
memorandum (last visited January 21, 2021 ).
70
   Pub. L. 91-596
71
   United States Department of Labor, Mine Safety and Health Administration, lnteragency Agreement Between the Mine Safety and
Health Administration and the Occupational Safety and Health Administration.
72
   Id For purposes of the federal interagency agreement, the term "borrow pit" means an area ofland where the overburden, consisting
of unconsolidated rock, glacial debris, other earth material overlying bedrock is extracted from the surface. Extraction occurs on a
one-time only basis or only intermittently as need occurs, for use as fill materials by the extracting party in the form in which it is
extracted. No milling is involved, except for the use ofa scalping screen to remove large rocks, wood and trash. The material is used
by the extracting party more for its bulk than its intrinsic qualities on land which is relatively near the borrow pit.
73
   S.378.401, F.S.
74
   S. 378.403(13), F.S., defines the term "operator" as any person engaged in an operation.
75
   Section 348.403(10), F.S., defines the term "mine" as an area of\and upon which mining operations have been conducted, are being
conducted, or are planned to be conducted, as the term is commonly used in the trade.
76
   S. 378.801(1), F.S.
77
   S.378.801(2), F.S.
78
   S. 378.802, F.S.
STORAGE NAME: h0057.TIE .D0CX                                                                                                 PAGE: 12
DATE: 2/10/2021
          Section 378.803, F.S., provides the following performance standards for the reclamation of other
          resources: 79
             • Reclamation must achieve the stormwater, drainage, wetlands, and other surface and
                 groundwater requirements of DEP and the appropriate water management district.
             • The final slopes must be at such an angle as to minimize the possibility of slides and may not
                 exceed the natural angle of repose of the material being mined.
             • Provisions for safety to persons, wildlife, and adjoining property must be provided.
             • Any overburden and spoil must be left in a configuration which is in accordance with accepted
                 soil conservation practices and which is suitable for the proposed future use of the land.
             • Reclamation must be designed to avoid the collection of water in pools which are, or are likely to
                 become, noxious, odious, or foul.
             • All reclamation activities must, to the extent possible, be coordinated with resource extraction
                 and in any event must be initiated at the earliest practicable time.
             • Reclamation activities must be consistent with all applicable local government ordinances at
                 least as stringent as the criteria and standards contained in s. 378.803, F.S.

         Effect of the Bill
         The bill defines the term "borrow pit" for purposes of the Resource Extraction Reclamation Act, as an
         area of land upon which excavation of surface resources has been conducted, is being conducted, or is
         planned to be conducted, as the term is commonly used in the trade, and is not considered a mine.
         Such resources are limited to soil, organic soil, sand, or clay that can be removed with construction
         excavating equipment and loaded on a haul truck with no additional processing.

         The bill provides that an operator may not begin the operation of a borrow pit at a new location without
         notifying the secretary of DEP of the intention to extract. The operator's notice of intent to extract must
         consist of the operator's estimated life of the extraction location and the operator's signed
         acknowledgment of the performance standards provided by s. 378.803, F.S.

         The bill provides that all operators of existing locations, instead of mines, for the extraction of resources
         as described ins. 378.801, F.S., must meet the performance standards provided bys. 378.803, F.S. for
         any new surface area disturbed at such locations.

         Effective Date

         The bill has an effective date of July 1, 2020.

     B. SECTION DIRECTORY:
         Section 1 Amends s. 212.08, F.S., relating to sales, rental, use, consumption, distribution, and storage
         tax; specified exemptions.

         Section 2 Creates s. 287.05705, F.S., relating to procurements of road, bridge, and other specified
         public construction services.

         Section 3 Amends s. 316.003, F.S., providing definitions.

         Section 4 Amends s. 316.2397, F.S., relating to certain lights prohibited; exceptions.

         Section 5 Amends s. 337.025, F.S., relating to innovative transportation projects.




79
  Section 378.403(17), F.S., defines the term "resource" as soil, clay, peat, stone, gravel, sand, limerock, metallic ore, or any other
solid substance of commercial value found in natural deposits on or in the earth, except phosphate, which is regulated by part III.
STORAGE NAME: h0057.TIE .D0CX                                                                                                     PAGE: 13
DATE: 2/10/2021
           Section 6 Amends s. 337.14, F.S., relating to application for qualification; certificate of qualification;
           restrictions; request for hearing.

           Section 7 Amends s. 337.185, F.S., relating to the State Arbitration Board.

           Section 8 Amends s. 378.403, F.S., providing definitions.

           Section 9 Amends s. 378.801, F.S., relating to other resources; notice of intent to extract required.

           Section 10 Amends s. 378.802, F.S., relating to existing extraction locations.

           Section 11 Provides an effective date of July 1, 2020.


                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

       A. FISCAL IMPACT ON STATE GOVERNMENT:

           1. Revenues:
               The Revenue Estimating Impact Conference has not met regarding the $50 reduction in sales tax
               due on the sale of each motor vehicle in the state. However, there will likely be a significant
               negative fiscal impact to General Revenue and various trust funds.

           2. Expenditures:
               The bill requires and increases hourly compensation for members of the State Arbitration Board
               from $150 to $200, and increases the daily maximum compensation from $1,000 to $1,500 per
               member. The bill also authorizes board members who are DOT employees to receive
               compensation for service on the board. 80 However, both current law and the bill require parties
               bringing arbitrations to the board to pay filing fees, based on the amount of the dispute, to defray
               the costs of operating the board. However, the filing fees do not increase, and it is unknown if they
               will cover the increased cost of the board.

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

           1. Revenues:
               This bill does not appear to impact local government revenues.

           2. Expenditures:
               Local governments operating airports may see a reduction in expenditures due to the exemption
               from the construction, engineering, and inspection requirements in the bill. However, the cost
               savings are associated with specific projects; therefore, this reduction in expenditures is
               indeterminate.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
           The reduction in sales tax on the sale of motor vehicles will reduce the sales tax paid by consumers by
           $50 per motor vehicle sold.

       D. FISCAL COMMENTS:
           None.



80
     Under current law, board members who are DOT employees may not receive additional compensation for service on the board.
STORAGE NAME: h0057.TIE.DOCX                                                                                             PAGE: 14
DATE: 2/10/2021
                                                         Ill. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
            action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
            raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
            municipalities.

         2. Other:
            None.

    8 . RULE-MAKING AUTHORITY:
         The bill does not authorize rulemaking, nor does it require rulemaking

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         The bill authorizes the State Arbitration Board to meet via virtual video conferencing; however, the
         generally used term in statute is "communications media technology, "81 and the state has rules 82
         governing the use of communications media technology by state agencies. While the statutory
         definition of communications media technology does not specifically mention virtual videoconferencing,
         it allows for digital video by any method available, which appears to include virtual videoconferencing .

                              IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
    Not Applicable.




81
   Section 120.54(5)(b)2, F.S., defines the term "'communications media technology" as the electronic transmission of printed matter,
audio, full-motion video, freeze-frame video, compressed video, and digital video by any method available.
82
   R. 28-109, F.A.C.
STORAGE NAME: h0057.TIE.D0CX                                                                                                 PAGE: 15
DATE : 2/10/2021
FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB 57                                                                 2021




 1                                         A bill to be entitled
 2              An act relating to transportation; amending s. 212.08,
 3              F.S.; reducing motor vehicle sales tax for certai n
 4              fiscal years; creating s. 287.05705, F.S.; providing
 5              that certain governmental entities may not prohibit
 6              certain vendors from responding to competitive
 7              solicitations of certain contractual services;
 8              providing applicability; amending s. 316.003, F.S.;
 9              revising the definition of the term "personal delivery
10              device"; amending s. 316.2397, F.S.; revising
11              provi sions authorizing vehicles to show or display
12              flashing lights; amending s. 337.025, F.S.; revising
13              the type of transportation project contracts that are
14              subject to an annual cap; revising application of such
15              cap; amending s. 337.14, F.S.; requiring contractors
16              wishing to bid on certain contracts to first be
17              certified by the Department of Transportation as
18              qualified; revising requirements for applying for and
19              issuing a certi ficat e of quali fica tion; providing
20              construction with respec t to submi ssion and approval
21              of an application for such certificate; exempting
22              airports from certain restrictions regarding entit ie s
23              performing engineering a nd inspection services;
24              amending s . 337 .18 5 , F . S .; revi s ing and providing
25              definitions; r evising requirements for arbitration of

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FLORIDA                       H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



        HB 57                                                                         2021




26              certain contracts by the State Arbitration Board;
27              revising requirements regarding arbitration requests,
28              hearings, procedures, and awards; revising membership
29              and meeting requirements; revising compensation of
30              board members; amending s. 378.403, F.S.; defining the
31              term "borrow pit"; amending s. 378.801, F.S.;
32              prohibiting operation of a borrow pit at a new
33              location without notifying the Secretary of
34              Environmental Protection of the intent to extract;
35              conforming provisions; amending s. 378.802, F.S.;
36              revising application of provisions to exclude existing
37              mines; providing an effective date.
38
39      Be It Enacted by the Legislature of the State of Florida:
40
41              Section 1.         Paragraph (ppp) is added to subsection (7) of
42      section 212.08, Florida Statutes, to read:
43              212.08       Sales, rental, use, consumption, distribution, and
44      storage tax; specified exemptions.-The sale at retail, the
45      rental, the use, the consumption, the distribution, and the
46      storage to be used or consumed in this state of the following
47      are hereby specifically exempt from the tax imposed by this
48      chapter.
49               (7)    MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any
50      entity by this chapter do not inure to any transaction that is

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        HB 57                                                                   2021




51      otherwise taxable under this chapter when payment is made by a
52      representative or employee of the entity by any means,
53      including, but not limited to, cash, check, or credit card, even
54      when that representative or employee is subsequently reimbursed
55      by the entity. In addition, exemptions provided to any entity by
56      this subsection do not inure to any transaction that is
57      otherwise taxable under this chapter unless the entity has
58      obtained a sales tax exemption certificate from the department
59      or the entity obtains or provides other documentation as
60      required by the department. Eligible purchases or leases made
61      with such a certificate must be in strict compliance with this
62      subsection and departmental rules, and any person who makes an
63      exempt purchase with a certificate that is not in strict
64      compliance with this subsection and the rules is liable for and
65      shall pay the tax. The department may adopt rules to administer
66      this subsection.
67               (ppp)     Motor vehicle sales tax for specified fiscal years.-
68      For fiscal years 2021-2022 and 2022-2023, after calculating the
69      sales tax imposed by this chapter on the sale of a motor
70      vehicle, the amount due shall be reduced by $50.
71              Section 2.         Section 287.05705, Florida Statutes, is created
72      to read:
73              287.05705         Procurements of road, bridge, and other
74      specified public construction services.-
75               (1)     With respect to competitive solicitations for the

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         HB 57                                                                      2021




 76      procurement of contractual services that are limited to the
 77      classes of work for which the Department of Transportation
 78      issues certificates of qualification pursuant to s. 337. 14,
 79      which services do not involve the construction, remodeling,
 80      repair, or improvement of any building, a local or regional
 81      governmental entity procuring such services may not prohibit a
 82      response from a vendor possessing a valid certificate of
 83      qualification under s. 337.14 or license under chapter 489
 84      corresponding to the contractual services being procured .
 85               (2)    This section applies to all competitive solicitations
 86      issued by a governmental entity on or after October 1, 2021.
 87              Section 3.         Paragraph (b) of subsection (56) of section
 88      316.003, Florida Statutes, is amended to read:
 89              316.003        Definitions.-The following words and phrases, when
 90      used in this chapter, shall have the meanings respectively
 91      ascribed to them in this section, except where the context
 92      otherwise requires:
 93               (56)     PERSONAL DELIVERY DEVICE.-An electrically powered
 94      device that:
 95               (b)    Weighs less than 550 -8-G- pounds, excluding cargo;
 96
 97      A personal delivery device is not considered a vehicle unless
 98      expressly defined by law as a vehicle. A mobile carrier is not
 99      considered a personal delivery device.
100              Section 4.         Subsection (10) of section 316.2397, Florida

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          HB 57                                                                     2021




101       Statutes, is renumbered as subsection (12), subsections (2) and
102        (7) are amended, and new subsections (10) and (11) are added to
103       that section, to read:
104               316.2397           Certain lights prohibited; exceptions.-
105                (2)    It is expressly prohibited for any vehicle or
106       equipment, except police vehicles and vehicles and equipment
107       specified in subsections (10) and (11), to show or display blue
108       lights. However, vehicles owned, operated, or leased by the
109       Department of Corrections or any county correctional agency may
11 0      show or display blue lights when responding to emergencies.
111                (7)    Flashing lights are prohibited on vehicles except:
112                (a)    As a means of indicating a right or left turn, to
113       change lanes, or to indicate that the vehicle is lawfully
114       stopped or disabled upon the highway;
115                (b)    When a motorist intermittently flashes his or her
116       vehicle's headlamps at an oncoming vehicle notwithstanding the
117       motorist's intent for doing so;
118                (c)    During p eriods of extreme low visibility on roadways
11 9      with a posted speed limit of 55 mph or higher; and
120               J.s!l_+et-     For the lamps authorized under subsections (1),
12 1       (2),    (3),    (4), and (9), s. 316.2065, or s. 316.235 (6) which may
122       flash.
123                (10)        Construction vehicles within a work zone on roadways
124       with a posted speed limit of 55 mph or higher may show or
125       displa y flashing blue lights while performing paving operations

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126      or where a hazard exists.
127               (11)     Under the direction of a law enforcement officer,
128      portable radar speed display units in advance of a work zone on
129      roadways with a posted speed limit of 55 mph or higher may show
130      or display flashing red and blue lights when workers are
131      present.
132              Section 5.         Section 337.025, Florida Statutes, is amended
133      to read:
134              337.025       Innovative transportation projects; department to
135      establish program.-
136               (1)    The department may establish a program for
137      transportation projects demonstrating innovative techniques of
138      highway and bridge design, construction, maintenance, and
139      finance which have the intended effect of measuring resiliency
140      and structural integrity and controlling time and cost increases
141      on construction projects. Such techniques may include, but are
142      not limited to, state-of-the-art technology for pavement,
143      safety, and other aspects of highway and bridge design,
144      construction, and maintenance; innovative bidding and financing
145      techniques; accelerated construction procedures; and those
146      techniques that have the potential to reduce project life cycle
147      costs. To the maximum extent practical, the department must use
148      the existing process to award and administer construction and
149      maintenance contracts. When specific innovative techniques are
150      to be used, the department is not required to adhere to those

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151      provisions of law that would prevent, preclude, or in any way
152      prohibit the department from using the innovative technique.
153      However, before using an innovative technique that is
154      inconsistent with another provision of law, the department must
155      document in writing the need for the exception and identify what
156      benefits the traveling public and the affected community are
157      anticipated to receive. The department may enter into no more
158      than $120 million in design-build contracts awarded annually
159      pursuant to s. 337.11(7) for the purposes authorized by this
160      section.
161               (2)    The annual cap on contracts provided in subsection (1)
162      does shall not apply to:
163               (a)    Turnpike enterprise projects, and turnpike enterprise
164      projects shall not be counted toward the department's annual
165      ~.
166               (b)    Low-bid design-build milling and resurfacing contracts
167      Transportation projects funded by the American Recovery and
168      Reinvestment Act of 2009.
169              Section 6.         Subsections ( 1) ,          ( 4) , and ( 7) of section
170      337.14, Florida Statutes, are amended to read:
171              337.14       Application for qualification; certificate of
172      qualification; restrictions; request for hearing.-
173               (1)    Any contractor desiring to bid for the performance of
174      any construction contract in excess of $250,000 which the
175      department proposes to let must first be certified by the

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176      department as qualified pursuant to this section and rules of
177      the department. The rules of the department must address the
178      qualification of contractors to bid on construction contracts in
179      excess of $250,000 and must include requirements with respect to
180      the equipment, past record, experience, financial resources, and
181      organizational personnel of the applying contractor which are
182      necessary to perform the specific class of work for which the
183      contractor seeks certification. Any contractor who desires to
184      bid on contracts in excess of $50 million and who is not
185      qualified and in good standing with the department as of January
186      1, 2019, must first be certified by the department as qualified
187      and desires to bid on contracts in excess of $50 million must
188      have satisfactorily completed two projects, each in excess of
189      $15 million, for the department or for any other state
190      department of transportation. The department may limit the
191      dollar amount of any contract upon which a contractor is
192      qualified to bid or the aggregate total dollar volume of
193      contracts such contractor is allowed to have under contract at
194      any one time. Each applying contractor seeking qualification to
195      bid on construction contracts in excess of $250,000 shall
196      furnish the department a statement under oath, on such forms as
197      the department may prescribe, setting forth detailed information
198      as required on the application. Each application for
199      certification must be accompanied by audited, certified
200      financial statements prepared in accordance with generally

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201        accepted accounting principles and auditing standards by a
202        certified public accountant licensed in this state or another
203        state. The audited, certified financial statements must be for
204       the applying contractor and must have been prepared the latest
205       annual finan c ia l statement of the applying contractor completed
206       within the immediatel y precedi n g ±a-s-t- 12 months. The department
207       may not consider any financial information of the parent entity
208       of the appl y ing contractor, if any. The department may not
209       certify as qualified any applying contractor that fails to
2 10      submit the audited, certified financial statements required by
2 11      this subsection. If the application or the annual financial
212       statement shows the financial condition of the applying
213       contractor more than 4 months before prior to the date on which
214       the application is received by the department, the applicant
215       must also submit a-ft interim audited, certified financial
216       statements prepared in accordance with generally accepted
217       accounting principles and auditing standards by a certified
2 18      public accountant licensed in this state or another state
21 9      statement and an updated app li cation must be submitted. The
220       interim financial statements statement must cover the period
221       from the end date of the annual statement and must show the
22 2      financial condition of the applying contractor no more than 4
223       months befo r e prior to the date that the interim financial
224       statements are statement io received by the department. However,
225       upon the request of the.applying contractor, an application and

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226      accompanying annual or interim financial statement received by
227      the department within 15 days after either 4-month period under
228      this subsection shall be considered timely. Each required annual
229      o r i n t erim f i n a n c i al statement must be audited and accompanied
230      by t he opin io n of a cert if i ed public accountant. An applying
231      contractor desiring to bid exclusively for the performance of
232      construction contracts with proposed budget estimates of less
233      than $1 million may submit reviewed annual or reviewed interim
234      financial statements prepared by a certified public accountant.
235      The information required by this subsection is confidential and
236      exempt from s. 119.07(1). The department shall act upon the
237      application for qualification within 30 days after the
238      department determines that the application is complete. The
239      department may waive the requirements of this subsection for
240      projects having a contract price of $500,000 or less if the
241      department determines that the project is of a noncritical
242      nature and the waiver will not endanger public health, safety,
243      or property.
244               (4)    If the applicant is found to possess the prescribed
245      qualifications, the department shall issue to him or her a
246      certificate of qualification that, unless thereafter revoked by
247      the department for good cause, will be valid for a period of 18
248      months after the date of the applicant's financial statement or
249      such shorter period as the department prescribes. Submission of
250      an application and subsequent approval do shall not affect

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251      expiration of the certificate of qualification, the ability
252      factor of the project, or the maximum capacity rating of the
253      project. If the department finds that an application is
254      incomplete or contains inadequate information or information
255      that cannot be verified, the department may request in writing
256      that the applicant provide the necessary information to complete
257      the application or provide the source from which any information
258      in the application may be verified. If the applicant fails to
259      comply with the initial written request within a reasonable
260      period of time as specified therein, the department shall
261      request the information a second time. If the applicant fails to
262      comply with the second request within a reasonable period of
263      time as specified therein, the application shall be denied.
264               (7)    A "contractor" as defined in s. 337 .165 (1) (d) or his
265      or her "affiliate" as defined in s. 337 .165 (1) (a) qualified with
266      the department under this section may not also qualify under s.
267      287.055 ors. 337.105 to provide testing services, construction,
268      engineering, and inspection services to the department. This
269      limitation does not apply to any design-build prequalification
270      under s. 337.11(7) and does not apply when the department
271      otherwise determines by written order entered at least 30 days
272      before advertisement that the limitation is not in the best
273      interests of the public with respect to a particular contract
274      for testing services, construction, engineering, and inspection
275      services. This subsection does not authorize a contractor to

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276      provide testing services, or provide construction, engineering,
277      and inspection services, to the department in connection with a
278      construction contract under which the contractor is performing
279      any work. Notwithstanding any other provision of law to the
280      contrary, for a project that is wholly or partially funded by
281      the department and administered by a local governmental entity,
282      except for a seaport listed ins. 311.09 or an airport as
283      defined ins. 332.004, the entity performing design and
284      construction engineering and inspection services may not be the
285      same entity.
286              Section 7.         Section 337.185, Florida Statutes, is amended
287      to read:
288               (Substantial rewording of section. See
289              s. 337.185, F.S. , for present text.)
290              337.185       State Arbitration Board.-
291               (1)    To facilitate the prompt resolution of claims arisin g
292      out of or in connection with a construction or maintenance
293      contract with the department, the Legislature has established
294      the State Arbitration Board, referred to in this section as the
295      "board."
296               (2)    As used in this section, the term:
297               (a)    "Claim" means the aggregate of all outstanding written
298      requests for additional monetary compensation, time, or other
299      adjustments to the contract, the entitlement or impact of which
300      is disputed by the department.

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301               (b)    "Contractor" means a person or firm having a contract
302      for rendering services to the department relating to the
303      construction or maintenance of a transportation facility.
304               (c)    "Final acceptance" means that the contractor has
305      completely performed the work provided for under the contract,
306      the department or its agent has determined that the contractor
307      has satisfactorily completed the work provided for under the
308      contract, and the department or its agent has submitted written
309      notice of final acceptance to the contractor.
310               (3)    Every claim in an amount of up to $250,000 per
311      contract will be arbitrated by the board. An award issued by the
312      board pursuant to this section is final and enforceable by a
313      court of law.
314               (4)    The contractor may submit a claim greater than
315      $250,000 up to $1 million per contract or, upon agreement of the
316      parties, up to $2 million per contract to be arbitrated by the
317      board. An award issued by the board pursuant to this subsection
318      is final if a request for a trial de novo is not filed within
319      the time provided by Rule 1.830, Florida Rules of Civil
320      Procedure. At the trial de novo, the court may not admit
321      evidence that there has been an arbitration proceeding, the
322      nature or amount of the award, or any other matter concerning
323      the conduct of the arbitration proceeding, except that testimony
324      given at an arbitration hearing may be used for any purpose
325      otherwise permitted by the Florida Evidence Code. If a request

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326        for trial de novo is not filed within the time provided, the
327       award issued by the board is final and enforceable by a court of
328        law.
329                (5)    An arbitration request may not be made to the board
330       before final acceptance but must be made to the board within 820
3 31      days after final acceptance .
332                (6)    The board shall schedule a hearing within 45 days
333       after an arbitration request and, if possible, shall conduct the
334       hearing within 90 days after the request. The board may
335       administer oaths and conduct the proceedings as provided by the
336       rules of the court. The hearing shall be conducted informally.
3 37      Presentation of testimony and evidence shall be kept to a
338       minimum, and matters shall be presented to the arbitrators
339       p rimarily throu g h the statements and arguments of counsel. The
340       board shall address the scope of discovery, presentation of
34 1      testimon y , and evidence at a preliminary hearing by considering
342       the size, subject matter, and complexity · of the dispute. An y
343       part y to the arbitration may petition the board, for good cause
344       shown, to issue subpoenas for the attendance of witnesses and
345       the production of books, records, documents, and other evidence
346       at the arbitration and may petition the board for orders
347       compelling such attendance and production at the arbitration.
348       Subpoenas shall be served and are enforceable in the manner
349       provided by law .
350                (7)    The board must issue an award within 45 days after the

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351      conclusion of the arbitration hearing. If all three members of
352      the board do not agree, the award agreed to by the majority
353      shall constitute the award of the board.
354               (8)    The board shall be composed of three members. The
355      first member shall be appointed by the Secretary of
356      Transportation, and the second member shall be elected by those
357      construction or maintenance companies that are under contract
358      with the department. The third member shall be chosen by
359      agreement of the first and second members. If the first or
360      second member has a conflict of interest regarding affiliation
361      with one of the parties to an arbitration hearing, the
362      appointing entity shall appoint an alternate member for that
363      hearing. If the third member has such a conflict of interest,
364      the first and second members shall select an alternate member.
365      Each member shall serve a 4- y ear term. The board shall elect a
366      chair for each term, who shall be the administrator of the board
367      and custodian of its records.
368               ( 9)   The presence of all board members is required to
369      conduct a meeting in person or via virtual videoconferencing.
370               (10)     The members of the board shall receive compensation
371      for the performance of their duties from deposits made by the
372      parties based on an estimate of compensation by the board. All
373      deposits will be held in escrow by the chair in advance of the
374      hearing. Each member eligible for compensation shall be
375      compensated at $200 per hour, up to a maximum of $1,500 per day.

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376       A member shall be reimbursed for the actual cost of his or her
377       travel expenses. The board may allocate funds annually for
378       clerical and other administrative services.
379                (11)     To cover the cost of administration and initial
380       compensation of the board, the party requesting arbitration
38 1      shall pay a filing fee to the board, according to a schedule
382       established b y the board, of:
3 83               (a)    Up to $500 for a claim that is $25,000 or less.
3 84               (b)    Up to $1,000 for a claim that is more than $25,000 but
385       is $50,000 or less.
386                ( c)   Up to $1,500 for a claim that is more than $50,000 but
3 87      is $100,000 or less.
388                (d)    Up to $2,000 for a claim that is more than $100,000
389       but is $200 , 000 or less.
390                (e)    UJ2 to $3,000 for a claim that is more than $200,000
391       but is $300,000 or less.
392                ( f)   UJ2 to $4,000 for a claim that is more than $300,000
393       but is $400,000 or less.
394                (g )   Up to $5,000 for a claim that is more than $400,000.
395
396       The board ma y apportion the filing fees and the cost of
397       recording and preparing a transcript of the hearing among the
398       parties in its award.
399               Section 8.         Subsections (3) through (19) of section
400       378.403, Florida Statutes, are renumbered as subsections (4)

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401       through (20), respectively, and a new subsection (3) is added to
402      that section to read:
403              378.403        Definitions.-As used in this part, the term:
404               ( 3)   "Borrow pit" means an area of land upon which
405      excavation of surface resources has been conducted, is being
406      conducted, or is planned to be conducted, as the term is
407      commonly used in the trade, and is not considered a mine. Such
408      resources are limited to soil, organic soil, sand, or clay that
409      can be removed with construction excavating equipment and loaded
410      on a haul truck with no additional processing.
411              Section 9.         Section 378.801, Florida Statutes, is amended
412      to read:
413              378.801        Other resources; notice of intent to extract ffi-i.fte
414      required.-
415               (1)    An Ne operator may not begin the operation of a borrow
416      pit, or the process of extracting clay, peat, gravel, sand, or
417      any other solid substance of commercial value found in natural
418      deposits or in the earth, except fuller's earth clay, heavy
419      minerals, limestone, or phosphate, which are regulated elsewhere
420      in this chapter, at a new location m-i-fte without notifying the
421      secretary of the intention to extract m4-fte.
422               (2)    The operator's notice of intent to extract ffi-i.fte shall
423      consist of the operator's estimated life of the extraction
424      location m-i-fte and the operator's signed acknowledgment of the
425      performance standards provided bys. 378.803 .

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426               Section 10.          Section 378.802, Florida Statutes, is amended
427       to read:
428               378.802       Existing extraction locations mines.-After January
429      1, 1989, all operators of existing locations mines for the
430      extraction of resources as described ins. 378.801 shall meet
431      the performance standards provided bys. 378.803 for any new
432      surface area disturbed at such locations mines.
433               Section 11.          This act shall take effect July 1, 2021.




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           TOURISM, INFRASTRUCTURE & SUBCOMMITTEE

                            HB 57 by Rep. Andrade
                             TRANSPORTATION

                           AMENDMENT SUMMARY
                            FEBRUARY 17, 2021


Amendment 1 (Strike-All Amendment) by Rep. Andrade (# 212831)

  •   Removes provisions for a $50 sales tax reduction on the purchase of motor
      vehicles.
  •   Authorizes use of blue lights on construction vehicles including paving machines
      and compaction rollers.
  •   Revises provisions regarding innovative transportation projects to indicate that
      the $120 million cap for these projects does not apply to low-bid design-build
      milling and resurfacing contracts.
  •   Revises provisions regarding a contractor’s submission of interim financial
      statements to the Department of Transportation (DOT) to authorize DOT to
      request, but not automatically require, their submission.
  •   Clarifies that the ability factor and the maximum capacity rating apply to the
      applicant instead of the project.
  •   Revises provisions regarding the State Arbitration Board (board):
          o Provides references to the Florida Rules of Civil Procedure and the Florida
              Evidence Code.
          o Provides that arbitration awards are enforceable in a court of competent
              jurisdiction.
          o Clarifies that board meetings may be conducted in person or via
              communications media technology.
          o Reinstates a provision that a DOT employee that serves on the board may
              not be compensated by the board.
          o Ties the reimbursement of board members’ travel expenses to the state’s
              generally applicable travel reimbursement law.




                                                                                     1
Amendment 1a to Amendment 1 by Rep. Slosberg (# 495985)

•   Applies the prohibition against texting or using a wireless communications device
    while driving in a school zone or construction zone to a motor vehicle that is
    stopped and waiting for an emergency vehicle to pass.
•   Creates the First Responder Protection Act, prohibiting the use of a wireless
    communications device in the immediate vicinity of first responders in the line of
    duty.
       o Provides legislative intent regarding safety.
       o Authorizes law enforcement to stop vehicles and issue citations to persons
           who are driving in the immediate vicinity of first responders while using a
           wireless communications device.
       o Prohibits a person from operating a motor vehicle while using a wireless
           communications device in a handheld manner in the immediate vicinity of
           a first responder in the line of duty.
       o Provides exceptions.
       o Requires a law enforcement officer to notify the motor vehicle operator of
           his or her right to decline a search of the wireless communications device.
       o Provides that a violation is a moving violation and provides for points on
           the violator’s driver’s license.
       o Provides for the distribution of fine proceeds to the Emergency Medical
           Services Trust Fund within the Department of Health.
       o Requires the traffic citation to contain certain information, and requires the
           Department of Highway Safety and Motor Vehicles to issue a report
           summarizing the information.

Amendment 1b to Amendment 1 by Rep. Brown (# 203019)

•   Requires the Central Florida Expressway Authority to consult with, instead of
    obtain consent from, the Secretary of the Department of Transportation prior to
    constructing any extensions, additions, or improvements to the expressway
    system in Lake County.




                                                                                      2
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 57   (2021)
       Amendment No. 1




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/0 OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:        Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Andrade offered the following:
 4
 5          .Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.      Section 287.05705, Florida Statutes, is created
 8     to read:
 9          287.05705      Procurements of road, bridge, and other
10     specified public construction services.-
11             (1)   With respect to competitive solicitations for the
12     procurement of contractual services that are limited to the
13     classes of work for which the Department of Transportation
14     issues certificates of qualification pursuant to s. 337.14,
15     which services do not involve the construction, remodeling,
16     repair, or improvement of any building, a governmental entity
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 57     (2021)
       Amendment No. 1



17     procuring such services may not prohibit a response from a
18     vendor possessing a valid certificate of qualification under s.
19     337.14 or license under chapter 489 corresponding to the
20     contractual services being procured.
21          (2)    This section applies to all competitive solicitations
22     issued by a governmental entity on or after October 1, 2021.
23          Section 2.     Paragraph (b) of subsection (56) of section
24     316.003, Florida Statutes, is amended to read:
25          316.003    Definitions.-The following words and phrases, when
26     used in this chapter, shall have the meanings respectively
27     ascribed to them in this section, except where the context
28     otherwise requires:
29          (56)    PERSONAL DELIVERY DEVICE.-An electrically powered
30     device that:
31          (b)    Weighs less than 550 -&e- pounds, excluding cargo;
32
33     A personal delivery device is not considered a vehicle unless
34     expressly defined by law as a vehicle. A mobile carrier is not
35     considered a personal delivery device.
36          Section 3.     Subsection (10) of section 316.2397, Florida
37     Statutes, is renumbered as subsection (12), subsections (2) and
38     (7) are amended, and new subsections    (10) and (11) are added to
39     that section, to read:
40          316.2397     Certain lights prohibited; exceptions.-
41          (2)    It is expressly prohibited for any vehicle or
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                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 57   (2021)
       Amendment No. 1



42     equipment, except police vehicles and road construction
43     equipment specified in subsections (10) and (11), to show or
44     display blue lights. However, vehicles owned, operated, or
45     leased by the Department of Corrections or any county
46     correctional agency may show or display blue lights when
47     responding to emergencies.
48              (7)   Flashing lights are prohibited on vehicles except:
49              (a)   As a means of indicating a right or left turn, to
50     change lanes, or to indicate that the vehicle is lawfully
51     stopped or disabled upon the highway;
52              (b)   When a motorist intermittently flashes his or her
53     vehicle's headlamps at an oncoming vehicle notwithstanding the
54     motorist's intent for doing so;
55            (c)     During periods of extreme low visibility on roadways
56     with a posted speed limit of 55 mph or higher; and
57            J__gl-te+     For the lamps authorized under subsections (1),
58     (2),   (3),    (4), and (9), s. 316.2065, or s. 316.235 (6) which may
59     flash.
60            (10)        Paving machines or compaction rollers within a work
61     zone area on roadways with a posted speed limit of 55 mph or
62     higher may show or display flashing blue lights while performing
63     paving operations or where a hazard exists.
64            (11)    Under the direction of a law enforcement officer,
65     portable radar speed display units in advance of a work zone
66     area on roadways with a posted speed limit of 55 mph or higher
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 57   (2021)
       Amendment No. 1



67     may show or display flashing red and blue lights when workers
68     are present.
69          Section 4.   Section 337.025, Florida Statutes, is amended
70     to read:
71          337.025   Innovative transportation projects; department to
72     establish program.-
73          (1)   The department may establish a program for
74     transportation projects demonstrating innovative techniques of
75     highway and bridge design, construction, maintenance, and
76     finance which have the intended effect of measuring resiliency
77     and structural integrity and controlling time and cost increases
78     on construction projects. Such techniques may include, but are
79     not limited to, state-of-the-art technology for pavement,
80     safety, and other aspects of highway and bridge design,
81     construction, and maintenance; innovative bidding and financing
82     techniques; accelerated construction procedures; and those
83     techniques that have the potential to reduce project life cycle
84     costs. To the maximum extent practical, the department must use
85     the existing process to award and administer construction and
86     maintenance contracts. When specific innovative techniques are
87     to be used, the department is not required to adhere to those
88     provisions of law that would prevent, preclude, or in any way
89     prohibit the department from using the innovative technique.
90     However, before using an innovative technique that is
91     inconsistent with another provision of law, the department must

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 92     document in writing the need for the exception and identify what
 93     benefits the traveling public and the affected community are
 94     anticipated to receive. The department may enter into no more
 95     than $120 million in contracts annually for the purposes
 96     authorized by this section.
 97            (2)   The annual cap on contracts provided in subsection (1)
 98     does shall not apply to:
 99            (a)   Turnpike enterprise projects , and turnpike enterprise
100     projects shall not be counted to~.ard the department ' s annual
101     eap.
102            (b)   Low-bid design-build milling and resurfacing contracts
103     Transportation projects funded by the American Recovery and
104     Reinvestment Act of 2009.
105            Section 5.   Subsections ( 1) ,    ( 4) , and ( 7) of section
106     337.14, Florida Statutes, are amended to read:
107            337.14   Application for qualification; certificate of
108     qualification; restrictions; request for hearing.-
109            (1)   Any contractor desiring to bid for the performance of
110     any construction contract in excess of $250,000 which the
111     department proposes to let must first be certified by the
112     department as qualified pursuant to this section and rules of
113     the department. The rules of the department must address the
114     qualification of contractors to bid on construction contracts in
115     excess of $250,000 and must include requirements with respect to
116     the equipment, past record, experience, financial resources, and
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117     organizational personnel of the applying contractor which are
118     necessary to perform the specific class of work for which the
119     contractor seeks certification. Any contractor who desires to
120     bid on contracts in excess of $50 million and who is not
121     qualified and in good standing with the department as of January
122     1, 2019, must first be certified by the department as qualified
123     and desires to bid on contracts in excess of $50 fflillion must
124     have satisfactorily completed two projects, each in excess of
125     $15 million,   for the department or for any other state
126     department of transportation. The department may limit the
127     dollar amount of any contract upon which a contractor is
128     qualified to bid or the aggregate total dollar volume of
129     contracts such contractor is allowed to have under contract at
130     any one time. Each applying contractor seeking qualification to
131     bid on construction contracts in excess of $250,000 shall
132     furnish the department a statement under oath, on such forms as
133     the department may prescribe, setting forth detailed information
134     as required on the application. Each application for
135     certification must be accompanied by audited, certified
136     financial statements prepared in accordance with generally
137     accepted accounting principles and auditing standards by a
138     certified public accountant licensed in this state or another
139     state. The audited, certified financial statements must be for
140     the applying contractor and must have been prepared the latest
141     annual financial statefflcnt of the applying contractor cofflpleted

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142     within the immediately preceding ±-a-94:- 12 months. The department
143     may not consider any financial information of the parent entity
144     of the applying contractor, if any. The department may not
145     certify as qualified any applying contractor that fails to
146     submit the audited, certified financial statements required by
147     this subsection. If the application or the annual financial
148     statement shows the financial condition of the applying
149     contractor more than 4 months before prior to the date on which
150     the application is received by the department, a reviewed
151     interim financial statement or an interim audited, certified
152     financial statement prepared in accordance with generally
153     accepted accounting principles and auditing standards by a
154     certified public accountant licensed in this state or another
155     state may be requested by the department statement and an
156     updated application must be submitted. The interim financial
157     statements, if requested, statement must cover the period from
158     the end date of the annual statement and must show the financial
159     condition of the applying contractor no more than 4 months
160     before prior to the date that the interim financial statements
161     are statement is received by the department. However, upon the
162     request of the applying contractor, an application and
163     accompanying annual or interim financial statement received by
164     the department within 15 days after either 4-month period under
165     this subsection shall be considered timely. Bach required annual
166     or interim financial statement must be audited and accompanied
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167     by the opinion of a certified public accountant . An applying
168     contractor desiring to bid exclusively for the performance of
169     construction contracts with proposed budget estimates of less
170     than $1 million may submit reviewed annual or reviewed interim
171     financial statements prepared by a certified public accountant.
172     The information required by this subsection is confidential and
173     exempt from s. 119.07(1). The department shall act upon the
174     application for qualification within 30 days after the
175     department determines that the application is complete. The
176     department may waive the requirements of this subsection for
177     projects having a contract price of $500,000 or less if the
178     department determines that the project is of a noncritical
179     nature and the waiver will not endanger public health, safety,
180     or property.
181          (4)   If the applicant is found to possess the prescribed
182     qualifications, the department shall issue to him or her a
183     certificate of qualification that, unless thereafter revoked by
184     the department for good cause, will be valid for a period of 18
185     months after the date of the applicant's financial statement or
186     such shorter period as the department prescribes. Submission of
187     an application and subsequent approval do shall not affect
188     expiration of the certificate of qualification , the ability
189     factor of the applicant, or the maximum capacity rating of the
190     applicant. If the department finds that an application is
191     incomplete or contains inadequate information or information

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192     that cannot be verified, the department may request in writing
193     that the applicant provide the necessary information to complete
194     the application or provide the source from which any information
195     in the application may be verified. If the applicant fails to
196     comply with the initial written request within a reasonable
197     period of time as specified therein, the department shall
198     request the information a second time. If the applicant fails to
199     comply with the second request within a reasonable period of
200     time as specified therein, the application shall be denied.
201          (7)   A "contractor" as defined ins. 337.165(1) (d) or his
202     or her "affiliate" as defined in s. 337. 165 ( 1) (a) qualified with
203     the department under this section may not also qualify under s.
204     287.055 ors. 337.105 to provide testing services, construction,
205     engineering, and inspection services to the department. This
206     limitation does not apply to any design-build prequalification
207     under s. 337.11(7) and does not apply when the department
208     otherwise determines by written order entered at least 30 days
209     before advertisement that the limitation is not in the best
210     interests of the public with respect to a particular contract
211     for testing services, construction, engineering, and inspection
212     services. This subsection does not authorize a contractor to
213     provide testing services, or provide construction, engineering,
214     and inspection services, to the department in connection with a
215     construction contract under which the contractor is performing
216     any work. Notwithstanding any other provision of law to the

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217     contrary, for a project that is wholly or partially funded by
218     the department and administered by a local governmental entity,
219     except for a seaport listed ins. 311.09 or an airport as
220     defined ins. 332.004, the entity performing design and
221     construction engineering and inspection services may not be the
222     same entity.
223          Section 6.   Section 337.185, Florida Statutes, is amended
224     to read:
225          (Substantial rewording of section. See
226          s. 337.185, F.S., for present text.)
227          337.185   State Arbitration Board.-
228          (1)   To facilitate the prompt resolution of claims arising
229     out of or in connection with a construction or maintenance
230     contract with the department, the Legislature has established
231     the State Arbitration Board, referred to in this section as the
232     "board."
233          (2)   As used in this section, the term:
234          (a)   "Claim" means the aggregate of all outstanding written
235     requests for additional monetary compensation, time, or other
236     adjustments to the contract, the entitlement or impact of which
237     is disputed with the department and could not be resolved by
238     negotiations between the department and the contractor.
239          (b)   "Contractor" means a person or firm having a contract
240     for rendering services to the department relating to the
241     construction or maintenance of a transportation facility.
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242          (c)    "Final acceptance" means that the contractor has
243     completely performed the work provided for under the contract,
244     the department or its agent has determined that the contractor
245     has satisfactorily completed the work provided for under the
246     contract, and the department or its agent has submitted written
247     notice of final acceptance to the contractor.
248          ( 3)   Every claim in an amount of up to $250,000 per
249     contract that could not be resolved by negotiations between the
250     department and the contractor shall be arbitrated by the board.
251     An award issued by the board pursuant to this subsection is
252     final and enforceable by a court of competent jurisdiction.
253          (4)    The contractor may submit a claim greater than
254     $250JOOO up to $1 million per contract or, upon agreement of the
255     parties, up to $2 million per contract to be arbitrated by the
256     board. An award issued by the board pursuant to this subsection
257     is final if a request for a trial de novo is not filed within
258     the time provided by Rule 1.830, Florida Rules of Civil
259     Procedure. At the trial de novo, the court may not admit
260     evidence that there has been an arbitration proceeding, the
261     nature or amount of the award, or any other matter concerning
262     the conduct of the arbitration proceeding, except that testimony
263     given at an arbitration hearing may be used for any purpose
264     otherwise permitted by the Florida Evidence Code. If a request
265     for trial de novo is not filed within the time provided, the
266     award issued by the board is final and enforceable by a court of

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267      competent jurisdiction.
2 68          (5)     An arbitration request may not be made to the board
269      before final acceptance but must be made to the board within 820
270      days aft e r final acceptance.
271           (6)     The board shall schedule a hearing within 45 days
272      after an arbitration request and, if possible, shall conduct the
273      hearing within 90 days after the request. The board may
274      administer oaths and conduct the proceedings as provided by the
275      Florida Rules of Civil Procedure and the Florida Evidence Code.
276      The hearing may be conducted informally. Presentation of
277      testimony and evidence shall be kept to a minimum, and matters
278      shall be presented to the board primarily through the statements
279      and arguments of counsel. The board shall address the scope of
280      discovery, presentation of testimony, and evidence at a
281      preliminary hearing by considering the size, subject matter, and
282      complexity of the dispute. Any party to the arbitration may
283      petition the board, for good cause shown, to issue subpoenas for
284      the attendance of witnesses and the production of books,
285      records, documents, and other evidence at the arbitration and
286      ma y petition the board for orders compelling such attendance and
287      production at the arbitration. Subpoenas shall be served and are
288      enforceable in the manner provided in the Florida Rules of Civil
289      Procedure.
290           (7)     The board must issue an award within 45 days after the
291      conclusion of the arbitration hearing. If all three members of

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292     the board do not agree, the award agreed to by the majority of
293     the board shall constitute the award of the board.
294           (8)   The board shall be composed of three members. The
295     first member shall be appointed by the Secretary of
296     Transportation, and the second member shall be elected by those
297     construction or maintenance companies that are under contract
298     with the department. The third member shall be chosen by
299     agreement of the first and second members. If the first or
300     second member has a conflict of interest regarding affiliation
301     with one of the parties to an arbitration hearing , the
302     appointing entity shall appoint an alternate member for that
303     hearing . If the third member has such a conflict of interest,
304     the first and second members shall select an alternate member.
305     Each member shall serve a 4-year term. The board shall elect a
306     chair for each term, who shall be the administrator of the board
307     and custodian of its records.
308          (9)    The presence of all board members is required to
309     conduct a meeting either in person or by means of communications
310     media technology used in accordance with rules adopted by the
311     Administration Commission under s. 120.54(5).
312          (10)   The members of the board may receive compensation for
313     the performance of their duties from deposits made by the
314     parties based on an estimate of compensation by the board,
315     except that no employee of the department may receive
316     compensation from the board. All deposits shall be held in
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317     escrow in advance of the hearing. Each member eligible for
318     compensation shall be compensated at a rate of $200 per hour, up
319     to a maximum of $1,500 per day. Members of the board are
320     entitled to receive per diem and travel expenses pursuant to s.
321     112.061. The board may allocate funds annually for clerical and
322     other administrative services.
323          (11)    To cover the cost of administration and initial
324     compensation of the board, the party requesting arbitration
325     shall pay a filing fee to the board, according to a schedule
326     established by the board, of:
327          (a)    Up to $500 for a claim that is $25,000 or less.
328          (b)    Up to $1,000 for a claim that is more than $25,000 but
329     is $50,000 or less.
330          (c)    Up to $1,500 for a claim that is more than $50,000 but
331     is $100,000 or less.
332          (d)    Up to $2,000 for a claim that is more than $100,000
333     but is $200,000 or less.
334          (e)    Up to $3,000 for a claim that is more than $200,000
335     but is $300,000 or less.
336          (f)    Up to $4,000 for a claim that is more than $300,000
337     but is $400,000 or less.
338          (g)    Up to $5,000 for a claim that is more than $400,000.
339
340     The board may apportion the filing fees and the cost of
341     recording and preparing a transcript of the hearing among the
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342     parties in its award.
343          Section 7.     Subsections (3) through (19) of section
344     378.403, Florida Statutes, are renumbered as subsections (4)
345     through (20), respectively, and a new subsection (3) is added to
346     that section to read:
347          378.403     Definitions.-As used in this part, the term:
348          (3)     "Borrow pit" means an area of land upon which
349     excavation of surface resources has been conducted, is being
350     conducted, or is planned to be conducted, as the term is
351     commonly used in the trade, and is not considered a mine. Such
352     resources are limited to soil, organic soil, sand, or clay that
353     can be removed with construction excavating equipment and loaded
354     on a haul truck with no additional processing.
355          Section 8.     Section 378.801, Florida Statutes, is amended
356     to read:
357          378.801     Other resources; notice of intent to extract m-i-fle
358     required.-
359          (1)   An Ne operator may not begin the operation of a borrow
360     pit, or the process of extracting clay, peat, gravel, sand, or
361     any other solid substance of commercial value found in natural
362     deposits or in the earth, except fuller's earth clay, heavy
363     minerals, limestone, or phosphate, which are regulated elsewhere
364     in this chapter, at a new location ffl4-R.e without notifying the
365     secretary of the intention to extract ffl4-R.e.
366          (2)     The operator's notice of intent to extract ffl4-R.e shall
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367     consist of the operator's estimated life of the extraction
368     location m-±-fte and the operator's signed acknowledgment of the
369     performance standards provided bys. 378.803.
370          Section 9.    Section 378.802, Florida Statutes, is amended
371     to read:
372          378.802   Existing extraction loca t ions mines.-After January
373     1, 1989, all operators of existing locations mines for the
374     extraction of resources as described ins. 378.801 shall meet
375     the performance standards provided bys. 378.803 for any new
376     surface area disturbed at such locations mines.
377          Section 10.   This act shall take effect July 1, 2021.
378
379
380                         T I T L E   A ME N D ME N T
381          Remove everything before the enacting clause and insert:
382     An act relating to transportation; creating s. 287.05705, F.S.;
383     providing that governmental entities may not prohibit certain
384     vendors from responding to competitive solicitations of certain
385     contractual services; providing applicability; amending s.
386     316.003, F.S.; revising the definition of the term "personal
387     delivery device"; amending s. 316.2397, F.S.; revising
388     provisions authorizing certain equipment to show or display
389     flashing lights; amending s. 337.025, F.S.; revising the
390     application of the cap on innovative transportation projects;
391     amending s. 337.14, F.S.; requiring contractors wishing to bid
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392     on certain contracts to first be certified by the Department of
393     Transportation as qualified; revising requirements for applying
394     for and issuing a certificate of qualification; revising
395     provisions regarding interim financial statements; providing
396     construction with respect to submission and approval of an
397     application for such certificate; exempting airports from
398     certain restrictions regarding entities performing construction,
399     engineering, and inspection services; amending s. 337.185, F.S.;
400     revising and providing definitions; revising requirements for
401     arbitration of certain contracts by the State Arbitration Board;
402     revising requirements regarding arbitration requests, hearings,
403     procedures, and awards; revising membership and meeting
404     requirements; revising compensation of board members; amending
405     s. 378.403, F.S.; defining the term "borrow pit"; amending s.
406     378.801, F.S.; prohibiting operation of a borrow pit at a new
407     location without notifying the Secretary of Environmental
408     Protection of the intent to extract; conforming provisions;
409     amending s. 378.802, F.S.; revising application of provisions to
410     exclude existing mines; providing an effective date.




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            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:      Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Slosberg offered the following:
 4
 5          Amendment to Amendment (212831) by Representative Andrade
 6     (with title amendment)
 7          Between lines 68 and 69 of the amendment, insert:
 8          Section 4.    Paragraph (a) of subsection (3) of section
 9     316.305, Florida Statutes, is amended, and subsection (4) of
10     that section is republished, to read:
11          316.305    Wireless communications devices; prohibition.—
12          (3)(a)    A person may not operate a motor vehicle while
13     manually typing or entering multiple letters, numbers, symbols,
14     or other characters into a wireless communications device or
15     while sending or reading data on such a device for the purpose
16     of nonvoice interpersonal communication, including, but not
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17     limited to, communication methods known as texting, e-mailing,
18     and instant messaging. As used in this section, the term
19     "wireless communications device" means any handheld device used
20     or capable of being used in a handheld manner, that is designed
21     or intended to receive or transmit text or character-based
22     messages, access or store data, or connect to the Internet or
23     any communications service as defined in s. 812.15 and that
24     allows text communications. For the purposes of this paragraph,
25     a motor vehicle that is stationary is not being operated and is
26     not subject to the prohibition in this paragraph, except when a
27     motor vehicle is stopped and remains in position until an
28     authorized emergency vehicle has passed as required by s.
29     316.126(1)(a).
30          (4)(a)    Any person who violates paragraph (3)(a) commits a
31     noncriminal traffic infraction, punishable as a nonmoving
32     violation as provided in chapter 318.
33          (b)   Any person who commits a second or subsequent
34     violation of paragraph (3)(a) within 5 years after the date of a
35     prior conviction for a violation of paragraph (3)(a) commits a
36     noncriminal traffic infraction, punishable as a moving violation
37     as provided in chapter 318.
38          Section 5.    Paragraph (a) of subsection (3) of section
39     316.306, Florida Statutes, is amended, and subsection (4) of
40     that section is republished, to read:
41          316.306   School and work zones; prohibition on the use of a
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42     wireless communications device in a handheld manner.—
43          (3)(a)1.    A person may not operate a motor vehicle while
44     using a wireless communications device in a handheld manner in a
45     designated school crossing, school zone, or work zone area as
46     defined in s. 316.003(105). This subparagraph shall only be
47     applicable to work zone areas if construction personnel are
48     present or are operating equipment on the road or immediately
49     adjacent to the work zone area. For the purposes of this
50     paragraph, a motor vehicle that is stationary is not being
51     operated and is not subject to the prohibition in this
52     paragraph, except when a motor vehicle is stopped and remains in
53     position until an authorized emergency vehicle has passed as
54     required by s. 316.126(1)(a).
55          2.a.    During the period from October 1, 2019, through
56     December 31, 2019, a law enforcement officer may stop motor
57     vehicles to issue verbal or written warnings to persons who are
58     in violation of subparagraph 1. for the purposes of informing
59     and educating such persons of this section. This sub-
60     subparagraph shall stand repealed on October 1, 2020.
61          b.     Effective January 1, 2020, a law enforcement officer
62     may stop motor vehicles and issue citations to persons who are
63     driving while using a wireless communications device in a
64     handheld manner in violation of subparagraph 1.
65          (4)(a)    Any person who violates this section commits a
66     noncriminal traffic infraction, punishable as a moving
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67     violation, as provided in chapter 318, and shall have 3 points
68     assessed against his or her driver license as set forth in s.
69     322.27(3)(d)7. For a first offense under this section, in lieu
70     of the penalty specified in s. 318.18 and the assessment of
71     points, a person who violates this section may elect to
72     participate in a wireless communications device driving safety
73     program approved by the Department of Highway Safety and Motor
74     Vehicles. Upon completion of such program, the penalty specified
75     in s. 318.18 and associated costs may be waived by the clerk of
76     the court and the assessment of points must be waived.
77          (b)   The clerk of the court may dismiss a case and assess
78     court costs in accordance with s. 318.18(11)(a) for a nonmoving
79     traffic infraction for a person who is cited for a first time
80     violation of this section if the person shows the clerk proof of
81     purchase of equipment that enables his or her personal wireless
82     communications device to be used in a hands-free manner.
83          Section 6.    Section 316.307, Florida Statutes, is created
84     to read:
85          316.307   Immediate vicinity of first responders;
86     prohibition on the use of a wireless communications device in a
87     handheld manner.—
88          (1)   This section shall be known as the “First Responder
89     Protection Act.”
90          (2)   For purposes of this section, the term:


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                                                      Bill No. HB 57    (2021)
        Amendment No. 1a


 91          (a)    "First responder" means a law enforcement officer or
 92     correctional officer as defined in s. 943.10, a firefighter as
 93     defined in s. 633.102, or an emergency medical technician or
 94     paramedic as defined in s. 401.23 who is a full-time paid
 95     employee, part-time paid employee, or unpaid volunteer.
 96          (b)    "In the line of duty" means:
 97          1.    Engaging in law enforcement activities;
 98          2.    Performing an activity relating to fire suppression and
 99     prevention;
100          3.    Responding to a hazardous material emergency;
101          4.    Performing rescue activity;
102          5.    Providing emergency medical services;
103          6.    Performing disaster relief activity; or
104          7.    Otherwise engaging in emergency response activity.
105          (c)    "Wireless communications device" has the same meaning
106     as provided in s. 316.305(3)(a). The term includes, but is not
107     limited to, a cell phone, a tablet, a laptop, a two-way
108     messaging device, or an electronic game that is used or capable
109     of being used in a handheld manner. The term does not include a
110     safety, security, or convenience feature built into a motor
111     vehicle which does not require the use of a handheld device.
112          (3)    It is the intent of the Legislature to:
113          (a)    Improve roadway safety for all first responders,
114     vehicle operators, vehicle passengers, bicyclists, pedestrians,
115     and other road users.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 57   (2021)
        Amendment No. 1a


116          (b)    Prevent crashes related to the act of driving while
117     using a wireless communications device in a handheld manner when
118     operating a motor vehicle while the vehicle is in motion.
119          (c)    Reduce injuries, deaths, property damage, health care
120     costs, health insurance rates, and automobile insurance rates
121     related to motor vehicle crashes.
122          (d)    Authorize law enforcement officers to stop motor
123     vehicles and issue citations to persons who are driving in the
124     immediate vicinity of first responders who are in the line of
125     duty while using a wireless communications device in a handheld
126     manner as provided in subsection (3).
127          (4)(a)1.   A person may not operate a motor vehicle while
128     using a wireless communications device in a handheld manner in
129     the immediate vicinity of first responders who are in the line
130     of duty. This subparagraph shall only be applicable to areas
131     where first responders are present or are carrying out their
132     duties on the road or immediately adjacent to such areas. For
133     the purposes of this paragraph, a motor vehicle that is
134     stationary is not being operated and is not subject to the
135     prohibition in this paragraph, except when a motor vehicle is
136     stopped and remains in position until an authorized emergency
137     vehicle has passed as required by s. 316.126(1)(a).
138          2.a.   During the period from July 1, 2021, through
139     September 30, 2021, a law enforcement officer may stop motor
140     vehicles to issue verbal or written warnings to persons who are
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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 57   (2021)
        Amendment No. 1a


141     in violation of subparagraph 1. for the purposes of informing
142     and educating such persons of this section. This sub-
143     subparagraph shall stand repealed on July 1, 2022.
144          b.    Effective October 1, 2021, a law enforcement officer
145     may stop motor vehicles and issue citations to persons who are
146     driving while using a wireless communications device in a
147     handheld manner in violation of subparagraph 1.
148          (b)    Paragraph (a) does not apply to a motor vehicle
149     operator who is:
150          1.    Performing official duties as an operator of an
151     authorized emergency vehicle as defined in s. 322.01, a law
152     enforcement or fire service professional, or an emergency
153     medical services professional.
154          2.    Reporting criminal or suspicious activity to law
155     enforcement authorities.
156          3.    Receiving messages that are:
157          a.    Related to the operation or navigation of the motor
158     vehicle;
159          b.    Safety-related information, including emergency,
160     traffic, or weather alerts;
161          c.    Data used primarily by the motor vehicle; or
162          d.    Radio broadcasts.
163          4.    Using a device or system in a hands-free manner for
164     navigation purposes.


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 57   (2021)
        Amendment No. 1a


165          5.    Using a wireless communications device hands-free or
166     hands-free in voice-operated mode, including, but not limited
167     to, a factory-installed or after-market Bluetooth device.
168          6.    Operating an autonomous vehicle, as defined in s.
169     316.003, in autonomous mode.
170          (c)    A law enforcement officer who stops a motor vehicle
171     for a violation of paragraph (a) must inform the motor vehicle
172     operator of his or her right to decline a search of his or her
173     wireless communications device and may not:
174          1.    Access the wireless communications device without a
175     warrant.
176          2.    Confiscate the wireless communications device while
177     awaiting issuance of a warrant to access such device.
178          3.    Obtain consent from the motor vehicle operator to
179     search his or her wireless communications device through
180     coercion or other improper method. Consent to search a motor
181     vehicle operator's wireless communications device must be
182     voluntary and unequivocal.
183          (d)    Only in the event of a crash resulting in death or
184     serious bodily injury, as defined in s. 316.027, may a user's
185     billing records for a wireless communications device, or the
186     testimony of or written statements from appropriate authorities
187     receiving such messages, be admissible as evidence in any
188     proceeding to determine whether a violation of subparagraph
189     (a)1. has been committed.
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 57   (2021)
        Amendment No. 1a


190          (e)   Law enforcement officers must indicate the type of
191     wireless communications device in the comment section of the
192     uniform traffic citation.
193          (5)(a)   A person who violates this section commits a
194     noncriminal traffic infraction, punishable as a moving
195     violation, as provided in chapter 318, and shall have 3 points
196     assessed against his or her driver license as set forth in s.
197     322.27(3)(d)7. For a first offense under this section, in lieu
198     of the penalty specified in s. 318.18 and the assessment of
199     points, a person who violates this section may elect to
200     participate in a wireless communications device driving safety
201     program approved by the Department of Highway Safety and Motor
202     Vehicles. Upon completion of such program, the penalty specified
203     in s. 318.18 and associated costs may be waived by the clerk of
204     the court and the assessment of points must be waived.
205          (b)   The clerk of the court may dismiss a case and assess
206     court costs in accordance with s. 318.18(11)(a) for a nonmoving
207     traffic infraction for a person who is cited for a first-time
208     violation of this section if the person shows the clerk proof of
209     purchase of equipment that enables his or her personal wireless
210     communications device to be used in a hands-free manner.
211          (6)   Notwithstanding s. 318.21, all proceeds collected
212     pursuant to s. 318.18 for violations of this section must be
213     remitted to the Department of Revenue for deposit into the


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 57   (2021)
        Amendment No. 1a


214     Emergency Medical Services Trust Fund of the Department of
215     Health.
216          (7)   When a law enforcement officer issues a citation for a
217     violation of this section, the law enforcement officer must
218     record the race and ethnicity of the violator. All law
219     enforcement agencies must maintain such information and must
220     report such information to the department in a form and manner
221     determined by the department. Beginning March 1, 2022, the
222     department shall annually report the data collected under this
223     subsection to the Governor, the President of the Senate, and the
224     Speaker of the House of Representatives. The data collected must
225     be reported at least by statewide totals for local law
226     enforcement agencies, state law enforcement agencies, and state
227     university law enforcement agencies. The statewide total for
228     local law enforcement agencies must combine the data for the
229     county sheriffs and the municipal law enforcement agencies.
230
231           -----------------------------------------------------
232                        T I T L E   A M E N D M E N T
233          Remove line 389 of the amendment and insert:
234          flashing lights; amending ss. 316.305 and 316.606,
235          F.S.; applying the prohibition against texting while
236          driving and the prohibition against using a wireless
237          communications device in a handheld manner in a
238          designated school crossing, school zone, or work zone
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 57   (2021)
        Amendment No. 1a


239          area to a motor vehicle that is stopped and remains in
240          position until an authorized emergency vehicle has
241          passed; providing penalties; creating s. 316.307,
242          F.S.; providing a short title; providing definitions;
243          providing legislative intent; prohibiting a person
244          from operating a motor vehicle while using a wireless
245          communications device in a handheld manner in the
246          immediate vicinity of certain first responders;
247          providing applicability; providing construction;
248          authorizing a law enforcement officer during a
249          specified period to stop motor vehicles to issue
250          warnings; authorizing a law enforcement officer, on
251          and after a specified date, to stop motor vehicles and
252          issue citations; providing exceptions to such
253          prohibition; requiring a law enforcement officer who
254          stops a motor vehicle for a violation to inform the
255          motor vehicle operator of his or her right to decline
256          a search of his or her wireless communications device;
257          prohibiting the law enforcement officer from taking
258          specified actions; requiring certain consent to search
259          a motor vehicle operator's wireless communications
260          device; providing that a user's billing records for a
261          wireless communications device or the testimony of or
262          written statements from certain authorities are
263          admissible as evidence in crashes resulting in death
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 57   (2021)
        Amendment No. 1a


264          or serious bodily injury for certain purposes;
265          requiring that law enforcement officers indicate
266          specified information in the uniform traffic citation;
267          providing penalties; authorizing first-time offenders
268          to participate in a wireless communications device
269          driving safety program; authorizing a clerk of the
270          court to dismiss a case and assess court costs under
271          certain circumstances; requiring the deposit of fines
272          into the Emergency Medical Services Trust Fund of the
273          Department of Health; requiring law enforcement
274          officers to record the race and ethnicity of violators
275          when issuing a citation for a violation; requiring all
276          law enforcement agencies to maintain such information
277          and report it to the Department of Highway Safety and
278          Motor Vehicles in a form and manner determined by the
279          department; requiring the department to annually
280          report the data to the Governor and Legislature;
281          providing report requirements; amending s. 337.025,
282          F.S.; revising the




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                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 57   (2021)
       Amendment No. 1b




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Brown offered the following:
 4
 5          Amendment to Amendment (212831) by Representative Andrade
 6     (with title amendment)
 7          Between lines 342 and 343 of the amendment, insert:
 8          Section 7.    Paragraph (c) of subsection (1) of section
 9     348.754, Florida Statutes, is amended to read:
10          348.754   Purposes and powers.—
11          (1)
12          (c)    Notwithstanding any other provision of this section to
13     the contrary, to ensure the continued financial feasibility of
14     the portion of the Wekiva Parkway to be constructed by the
15     department, the authority may not, without the prior
16     consultation with consent of the secretary of the department,
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 57   (2021)
       Amendment No. 1b


17     construct any extensions, additions, or improvements to the
18     expressway system in Lake County.
19
20           -----------------------------------------------------
21                        T I T L E   A M E N D M E N T
22          Remove line 404 of the amendment and insert:
23     requirements; revising compensation of board members; amending
24     s. 348.754; F.S.; prohibiting the Central Florida Expressway
25     Authority from performing certain activities in Lake County
26     without prior consultation of the Secretary of the Department of
27     Transportation; amending




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                                  Page 2 of 2
I
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0,
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                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 353 Bicycle Operation Regulations
SPONSOR(S): Hage
TIED BILLS:       IDEN./SIM. BILLS: SB 738

     REFERENCE                                                       ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

     1) Tourism, Infrastructure & Energy Subcommittee                                         Johnso

     2) Commerce Committee


                                                         SUMMARY ANALYSIS
Florida law requires that a person riding a bicycle must ride upon or astride a permanent and regular seat
attached to the bicycle. A violation of this provision is a noncriminal traffic infraction, punishable as a
pedestrian violation. However, manufacturers are now offering bicycles designed to be operated without seats,
which, under Florida law, are unlawful and subject their riders to pedestrian citations.

The bill authorizes a bicycle to be operated without a seat if it was designed by the manufacturer to be
operated without one.

State and local governments may see a reduction in revenues associated with no longer issuing citations for
riding a bicycle without a seat.

The bill has an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0353.TIE.D0CX
DATE 2/10/2021
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Florida law defines the term "bicycle" to mean every vehicle propelled solely by human power, having
         two tandem wheels, and including any device generally recognized as a bicycle though equipped with
         two front or two rear wheels. The term does not include a scooter or similar device.1

         Section 316.2065, F.S., provides the state's bicycle regulations . Included in those regulations is a
         provision prohibiting a person from operating a bicycle other than upon or astride a permanent and
         regular seat attached to the bicycle. 2 A violation is a noncriminal traffic infraction, punishable as a
         pedestrian violation as provided in ch. 318, F.S. 3 The base fine is $15; 4 however, with various
         additional fees the total fine is up to $56.50. 5

         Manufacturers are now offering self-propelled vehicles that meet the definition of a bicycle, but are
         designed to be operated without a seat. Manufacturers emphasize that these vehicles provide a low
         impact and full body workout. 6 However, with the statutory requirement that bicycles have a seat, it is
         unlawful to ride one of these vehicles in Florida, and riders are subject to citations .

         Effect of the Bill

         The bill amends s. 316.2065, F.S., authorizing a bicycle to be operated without a seat if the bicycle was
         designed by the manufacturer to be operated without one.

         The bill has an effective date of July 1, 2021.

    B. SECTION DIRECTORY:
         Section 1 Amends s. 316.2065, F.S., relating to bicycle regulations.

         Section 2 Provides for an effective date of July 1, 2021 .


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues :
             To the extent there is a decrease in the number of citations issued for operating bicycles without
             seats, the state may realize a reduction in revenue . However, the fiscal impact cannot be quantified
             and is indeterminate.




1
  s. 316.003(4), F.S.
2
  S. 316.2065(2), F.S.
3
  S. 316.2065(19), F.S.
4
  S. 318.18(1), F.S.
5
  Florida Association of Clerks of Court, 2020 Distribution Schedule, p. 21. Available at:
https://cdn.ymaws.com/www.tlclerks.com/resource/resmgr/advisories/advisories_ 2021 /21 bul1005 _Attach_2_ 2020 _ Dist.pdf (last
visited February 4, 2021).
6
  See for example the Elliptigo, https://www.elliptigo.com/ (last visited February 4, 2021 ).
STORAGE NAME : h0353.TIE .D0CX                                                                                               PAGE: 2
DATE: 2/10/2021
        2. Expenditures:
            None.

    8. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
           To the extent there is a decrease in the number of citations issued for operating bicycles without
           seats, local governments may realize a reduction in revenue. However, the fiscal impact cannot be
           quantified and is indeterminate.

        2. Expenditures:
           None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        Bicycle riders will no longer be subject to citations associated with operating bicycles without seats, if
        the bicycle is designed to be operated without a seat.

    D. FISCAL COMMENTS:
        None.


                                                 Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenue in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

    8. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking, nor does it require rulemaking .

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                         IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: h0353.TIE.DOCX                                                                                 PAGE: 3
DATE: 2/10/2021
FLORIDA                       H    O   U   S   E     0   F      REPRESENTATIVES




        HB 353                                                                     2021




 1                                         A bill to be entitled
 2               An act relating to bicycle operation regulations;
 3               amending s. 316.2065, F.S.; providing an exception to
 4               the requirement that a person operating a bicycle ride
 5               upon or astride a seat attached thereto; providing an
 6               effective date.
 7

 8      Be It Enacted by the Legislature of the State of Florida:
 9

10               Section 1.         Subsection (2) of section 316.2065, Florida
11      Statutes, is amended to read:
12               316.2065         Bicycle regulations.-
13               (2)    A person operating a bicycle may not ride other than
14      upon or astride a permanent and regular seat attached thereto
15      unless the bicycle was designed by the manufacturer to be ridden
16      without a seat .
17               Section 2.         This act shall take effect July 1, 2021.




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     CODING: Words stricken are deletions; words underlined are additions.
                                                                                  hb0353-00


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